TimesArgus.com - We Are Vermont

'Sleeper' issues may haunt lawmakers



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By DARREN M. ALLEN Vermont Press Bureau - Published: January 2, 2005

MONTPELIER – At the beginning of a legislative session, lawmakers, the governor and lobbyists all have a neatly defined set of priorities.

But by the time the General Assembly wraps up its work five months later, those lists of legislative must-haves are interrupted by a host of issues that seem to crop up just in time to waylay the best-made plans.

Last year, the big issues to be tackled, or at least paid attention to, were permit reform, stormwater regulations and a fix for the statewide education property tax.

This time around, health care and a mounting budget imbalance are assured a place on the legislative calendar.

It is dangerous to predict what issues might arise to divert the attention of Vermont's 180 lawmakers. Who knew that last year we would see major sideshows on genetically modified organisms, medical marijuana or an anti-racism law that even its supporters said would do little to solve a problem that hasn't even been fully defined.

Based on conversations with State House observers, lobbyists and longtime politicians, a vague – if incomplete – list of "sleeper" issues can be constructed.

"There are always potential little firestorms," Gov. James Douglas said. "You really can't predict what will become a major fire."

  • Appearing on most lists of probable issues is prescription drugs. Douglas and his Democratic challenger Peter Clavelle sparred all summer on how best to allow Vermonters access to American drugs sold for less across the border.

    Douglas has chosen to ask permission and now, having been rebuffed by the Bush administration, he has taken his case to federal court.

    The state's Democratic leaders promise they will force the issue.

    "While it's a short-term fix, we will work together with the House to push for prescription drug reimportation," said Senate President Pro Tem Peter Welch, D-Windsor. "We're moving ahead on this, because the federal government has its heel to our throats."

    Or, as one lobbyist put it, "Importation is going to be big."

  • Energy issues also are sure to creep up during the session. Democrats have been critical of Douglas' approach to wind power, renewable energy requirements and the seeming lack of a plan to deal with the expiration of long-term contracts for power in the coming decade.

    One lobbyist predicts that last year's thwarted efforts at forcing the state's utilities to begin using a set percentage of renewable energy sources could have new traction in a Democrat-controlled State House. Indeed, Vermont is the only New England state without a market in so-called renewable energy credits. In such a market, according to lobbyists, energy companies can trade credits for cash – flowing either in or out of Vermont, and promoting the use of wind, water or biomass in the process.

    Tied together with the way the state produces electricity is the increasing inability of some Vermonters to afford to pay for it. The AARP is making energy affordability a key issue this year, and its associate director of advocacy hopes to have a receptive audience.

    "There is one component of energy that we have consistently failed to deal with and that is affordability," said Philene Taormina, lobbyist for AARP. "What we have right now is a crisis safety net, where people can only get help after they have been disconnected. Why should we keep forcing people into crisis before we get the assistance?"

    In the fall, Taormina unveiled a proposal that would raise about $8 million to put toward a fund for low-income Vermonters. How the money will be raised is still up for discussion: it could be a surcharge on rates, or a line-item on electric bills. The Legislature, however, is likely to address the issue.

  • Early childhood education – and how to pay for it – will be an early debate for the Senate, according to Welch. Last year, a proposal from his chamber to pay for preschool with public education money went nowhere in the House. This year, it at least has a receptive audience across the hall.

    The Vermont NEA and some public school advocates are against such a program, mainly because they see it as a backdoor to school choice: public money going to private preschool providers.

    "But the interesting wrinkle here is that the business community is solidly behind this," a lobbyist said.

  • Campaign finance reform blew up in the Democrats' face during the gubernatorial election, when one prominent member of the party – Attorney General William Sorrell – sparred with another – Secretary of State Deborah Markowitz – over how best to stop a huge advertising campaign on Douglas' behalf by the Republican Governors Association.

    Whether or not this will be a Republican-Democrat struggle remains to be seen. Some observers say it will most likely pit one faction of Democrats against another group of their party-mates. But many in the party were embarrassed that they couldn't figure out a way to thwart the RGA's campaign, particularly when the two people responsible for enforcing and interpreting the law were Democrats.

  • Ancient roads may seem a bit esoteric, but some in the insurance and mortgage industries want to make them an issue. These roads are abandoned, unpaved, covered with trees and other forest detritus, and, when they appear on a map during a title search on a property, are potentially devastating. Title insurance companies are often reluctant to insure a property with these abandoned conveyances on them, and, without that insurance, a mortgage company would be unable to sell its note to the secondary mortgage market.

    Legislators will be expected to be asked to find a way to define when a road is truly abandoned, and find a way to make their presence irrelevant to the title search and mortgage processes.

  • Some issues, of course, are perennial. Death with dignity – otherwise known as physician assisted suicide – has its ardent supporters who are sure to raise the issue again this time around. The medical marijuana supporters – not content with last year's compromise allowing for some terminally ill Vermonters access to the drug – are still spending money in the state.

    The genetically modified organism debate isn't likely to be over, either. The Senate will entertain a bill that would curb liability for farmers who contaminate GMO crops, and may even consider extending a moratorium on their use in Vermont.

    And legislators will introduce bills that would overturn civil unions, invalidate the school tax, ban marriage between members of the same sex and seek to eradicate abortion rights.

    How much attention they get depends on the whims of the legislative process. And not a little bit of serendipity.

    Contact Darren Allen at darren.allen@rutlandherald.com








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