Bill anatomy - recovery residences

Now that COVID-related emergency legislation is winding down, the legislature is returning to bills that had been on the back burner. As housing is within the domain of my committee work, one issue I was working on is how to increase the number of recovery beds available to those grappling with substance use disorders. 

Recovery residences are a key component of treatment alternatives. A 2019 report by Downstreet Housing identified there were only 212 recovery beds state-wide, with the majority in Chittenden County and Brattleboro. However, 73% of the existing beds are for men, despite 42% of those receiving treatment are women, and there is only one recovery residence for women with children. The study identified the need for more than 1,000 additional beds to help communities counter the ever increasing devastation from addiction. 

Representative Jean O’Sullivan has been working on this issue for years and I co-sponsored H.783 with her, a bill whose intention is to improve the quality and increase the number of recovery beds throughout the state. Recovery homes provide a shared living residence supporting persons recovering from a substance use disorder that provides peer support, prohibits use of alcohol and illegal drugs, and assists residents in accessing support services including medication-assisted treatment. 

The bill does not regulate all recovery residences in Vermont, but proposes for homes meeting national standards certified by the Vermont Alliance for Recovery Residences to be exempt from certain landlord and tenant relationships outlined in the bill. The certification process provides a toolkit with state-wide definitions, detailed expectations, and operational policies. This is needed to improve the quality of recovery homes across the state as there are no industry standards. 

The bill also addresses zoning for these homes as single-family residential use. This clarity is essential for both operators and communities, eliminating barriers and discrepancies from town to town, thus allowing homes to be in proximity to transportation, employment, and necessary support services. Vermont did this over 30 years ago for independent living group homes for people with disabilities.

Guidelines and policies for temporary and permanent removal is also addressed to allow a fair due process for both tenants and landlords, balancing individual and community rights. Currently, no standards exist in this arena as well. Under the bill, residents are provided protections. 

This is a very delicate balance as relapses are often part of the recovery process, so safeguards were put into the bill to ensure that people who need to be removed are helped with re-housing and harm reduction strategies consistent with their recovery plans. And importantly, a recovery residence may not remove a resident solely on the use of medication-assisted treatment. 

Certified recovery residences will  benefit from being in this network, including technical support and guidance on best practices. The Vermont Community Foundation announced the formation of the Jenna Fund to be administered by Vermont Association for Recovery Residences and only be available to certified residences in the state. These funds provide initial deposits and first month’s rent for individuals who have financial need.  

Advocates, recovery residence operators, state administrators from departments of health, housing, and corrections, as well as people grappling with substance use disorders helped develop the bill. Responding to input, seven iterations of the bill evolved, and then in committee, two more friendly amendments were integrated. 

The bill is waiting to come before the full House, and may not make it through the process this summer. While working on the issue, I learned recovery homes save lives, and are essential to helping people overcome substance use disorders. Site visits to South Burlington’s exemplary Suburban Square women’s home and Jenna’s Promise being developed in Johnson affirmed the benefits recovery residences provide.  Hopefully, the time will be right to act upon this bill.

The arts are essential businesses

The economic damage to our arts organizations is profound and will be long-lasting. Theaters, museums, galleries, music clubs, and community art centers were the first to close in the pandemic and will be the last to open. Vermont Arts Council and Vermont Humanities Council surveyed the field and found the cultural sector has already lost $14.4 million with future losses estimated at $21 million with no opening dates in sight.  

As Covid-19 forces us to live in a continuous present, planning has been impossible. Performances and gallery exhibitions scheduled months, even years in advance, were canceled, and future events are tentative at best. Thousands of arts workers lost their jobs and performing artists that depend on touring lost all income for 2020.

The creative sector employed more than 40,000 in our state. Arts organizations have been economic anchors for downtown businesses. When I ran the Flynn Center in Burlington for eight years, I can attest that the 1,400-seat theater often provided 500+ diners at near-by restaurants, in addition to customers for neighboring bars and coffee shops. 

Rutland’s Paramount Theatre and Brattleboro Museum and Art Center, along with other venues across the state are economic drivers in their communities as well. Vermont Arts Council’s latest estimate of event-related spending by cultural audiences totaled $44 million (not including ticket income) – a very significant amount for downtown businesses.

Summer festivals won’t be happening this year, and they will be sorely missed by residents and tourists in Dorset, Putney, Guilford, Weston, St. Johnsbury, and other towns. Mainstage venues in White River Junction, Barre, Montpelier, Burlington, and elsewhere will be hard pressed to offer fall productions. And museums and galleries across the state, including in Woodstock, Brattleboro, Bennington, Shelburne, and Stowe are struggling as to when they can welcome visitors again.

Emergency relief dollars from the federal CARES Act of $800,000 is being distributed through the Vermont Arts and Vermont Humanities councils, but this is not sufficient to stabilize the field. The governor has proposed a $400 million economic recovery package. However, the arts are peripheral in the plan and need to be deemed as essential as retail, food and accommodation services, and agriculture. Grants are needed far more than low interest loans. Even with skeletal staff, significant overhead costs are being incurred with absolutely no revenue generated at present.

Cultural organizations should also play a more central role in the governor’s $5 million set-aside to encourage Vermonters to explore the state and spend locally. Bread and Puppet Theatre in Glover should be a must-see on everyone’s travel itinerary. And the Hall Art Foundation in Reading is one of our state’s hidden jewels – exhibiting world-renowned artists in exquisite galleries.

As we begin to rebuild our social, economic, and civic lives post-Covid, arts are crucial for our well-being and community vitality. It may take years for the cultural sector to fully recover. Sadly, without significant investment, many anchor organizations may not be able to return – an incalculable loss to civil society. Vermonters need the arts, now more than ever.

Tom Stevens & John Killacky: After a respite from homelessness, now what?

On Friday, March 13, Vermont was faced with an unprecedented question: What do we do in the face of an emergency of the size of the one in front of us, particularly for those without resources who were either living in the street, couch surfing or in congregate settings (shelters), and were considered high-risk “vectors? 

Amazingly, we provided adequate housing for most of our homeless by moving as many people as possible into hotels in order to mitigate contagion. There are currently 1,961 people in hotel rooms across the state, including 273 children. And this strategy worked — as of May 8, there have been no recorded cases of Covid-19 in any of the individuals now housed.

In addition, regional consortiums of community-based groups with innumerable volunteers provided supplemental services to this population, including delivering meals. These organizations banded together in the spirit of “Vermont Strong,” but these nonprofits are working beyond their bandwidth and fiscal capability. 

In our legislative work, we have been keenly aware of the deficiencies in our social safety net, as it applies to emergency shelter, affordable housing, and wrap-around services. We have seen us, as a state, get caught in the vise of budgetary restraint and diminished capacity, even though it is clear that by providing, at the least, four walls and a roof, mitigates many other social issues that come with poverty, food insecurity, and precarious housing.

And here we are, in a global emergency, and we housed every homeless individual and family we found. It was no mean feat, and we honor those who did the work: our nonprofits, Vermont’s Office of Economic Opportunity, Department for Children and Families, and the Agency of Human Services. 

Housing individuals and families in available hotel rooms was the right thing to do, but it is not sustainable. Which leads us to this question: what is the NEXT right thing to do? As the Covid emergency plateaus, it is important to have a humane transition plan. With the coronavirus still active, returning people back into shelters is not the answer and is a public health risk. Therefore, the state is extending hotel vouchers as well as supportive services and food near-term.

The pandemic highlights the need for a more integrated housing system, from emergency shelters to supportive permanent housing solutions – something that has been studied, but not capitalized for years. Current systems are untenable. Covid has shown us Vermont can house its homeless, at least temporarily, now we need to reimagine, reengineer, and build upon recent successes. The Agency of Human Services, with other state departments and housing advocates, is currently developing a “Rehousing Plan” to present to the Legislature.

We have in place an infrastructure that can act upon any plan we put in place, as any plan will essentially be the long-sought desired outcome of the affordable housing sector: to provide housing with dignity and the services needed to succeed with the hardest population to shelter in the state. All agree a Housing First model improves vulnerable lives, lessens support of other public resources, and builds more robust communities. Here are some of the issues discussed:  

• Better support for non-profit service providers across the state. Level state funding for many have compromised their abilities over the last few years. 

• Expand rental subsidies and arrearages support, including mobile homes, to maintain housing stability in the near-term as we rebuild the economy.

• Develop and rehabilitate permanently affordable housing units, so that lower wage income earners are not spending more than 30% of their income on rent. 

• Expand permanent supportive housing for individuals with complex needs, which will require acquisition of units in an incredibly tight real estate market. 

• Design, test, and support new and innovative programs by providers to remain responsive to existing and emerging needs. 

How to pay for these programs?

• Initial estimates calculate about $110 million is needed to jumpstart these efforts and the majority could come from federal Covid relief funds. This includes funding for support services, rental subsidy, assistance and arrearage programs, and capital expenditures. Given the strictures of the use of these funds, these efforts would focus on housing the homeless and providing long-term solutions.

• Longer-term, we need to examine how state tax credits are utilized to subsidize rental and home ownership opportunities as well as making annual budget decisions supporting these programs. With these investments, we can recognize through data collection and interpretation that we may save money currently allocated for emergency services.

• Realign Vermont’s property transfer tax funding. Prior to the emergency, the direct allocation from the property transfer tax was just under 50% of the statutory formula, with other funds allocated to the Vermont Housing and Conservation Trust Fund through sources such as the Capital Fund. Money used from the property transfer tax is incredibly effective in creating new affordable housing.

• Finally, we need to continue to work alongside the administration and our congressional delegation on upcoming stimulus and recovery bills to address unmet needs, secure necessary statutory and regulatory flexibility, enhance the Low Income Housing Tax Credit, HOME Investment Partnerships, and other federal resources.

The opportunity in this crisis will be lost, if in hindsight, we look back and see that we merely interrupted homelessness during this health cataclysm. Everyone deserves a home.

Housing as healthcare

In my committee work, housing and homelessness are two key issues that have been foregrounded when dealing with COVID-19 emergency measures. With input from many stakeholders, the House Committee on General, Housing and Military Affairs worked with the Senate Committee on Economic Development on a bill regarding eviction moratoria and court processes. This bill (S.333) was passed last week in the House.

Details include, beginning with the Governor’s declaration of a state of emergency on March 13 and ending 30 days after the Governor terminates the state of emergency by declaration, residential evictions and foreclosures are stayed until after the end of the emergency period. This does not relieve tenants from the obligations to pay rent and does not apply to uninhabited, abandoned properties. Notices given before the emergency period are also stayed during this time so that no one will lose housing during this public health crisis.

Homelessness mitigation

My committee also received updates on the Herculean efforts the administration and nonprofit service providers did to move as many homeless people as possible out of congregate settings into hotel rooms in order to mitigate contagion. Our area has been central. For those who are sick, isolation (Harbor Place, Shelburne) and recovery (Holiday Inn, South Burlington) sites were made available. And there are now 1,800 people living in hotels across the state, including 250 children. This housing is available through at least May 15, longer if the Governor extends the emergency period.

Regional consortiums of community-based groups with innumerable volunteers collaborated to provide additional support services to this population, including delivering meals. However, these nonprofits are working beyond their bandwidth and fiscal capacity and need additional support. A supplemental appropriations request will also be forthcoming from the administration, once it is clear how much federal subsidy can be used for emergency housing and support services.

It is also important to have a humane transition plan for our most vulnerable population, once the COVID emergency period winds down. While the coronavirus is still active, returning people back into housing shelters is not the answer and is a public health risk. Consequently, the state is looking to extend hotel vouchers as well as supportive services and food supplies near-term. Commissioner of Vermont’s Department for Children and Families, Ken Schatz, in his testimony to my committee wondered, “Can we can come out of the crisis with a better normal?” This pandemic highlights the need for a more integrated housing system, from emergency shelters to supportive permanent housing solutions.

A better normal

Commissioner Schatz’s question about a “better normal” is pertinent to many systemic issues brought to light during this public health cataclysm: broadband disparities, equitable education and healthcare, affordable housing, care for the homelessness and those incarcerated, antiquated IT systems, undercapitalization of nonprofit organizations, transportation needs and workforce development, among others.

As we scramble to stabilize the state’s finances in the final months of the fiscal year ending June 30, next year’s budget will be even more daunting because of significantly lower revenues projected while needs exponentially increase. When we rebuild our social, economic and civic lives, it cannot be how we do more with less, but our guiding principle must be to do better with less. Traditionally, the Legislature adjourns in May or June, but it looks like we will only be able deliver a temporary budget for the first three months of the new fiscal year and then return in August to finalize a viable budget for the remaining three fiscal quarters of FY21.

I enjoyed our Zoom Legislative Forum last week and your elected legislators plan on doing another virtual meeting with the South Burlington Public Library Monday, June 1. Until then please feel free to email or phone – always glad to talk.

Lessons from the AIDS Pandemic

In 1981, I was with friends celebrating the Fourth of July weekend at New York’s Fire Island Pines gay enclave when life changed. Buried on page A20 of The New York Times (July 3,1981) was a report about a new condition: “Rare Cancer Seen in 41 Homosexuals.” Doctors in New York and San Francisco diagnosed a form of Kaposi’s Sarcoma cancer normally seen in elderly men suddenly ravaging younger gay males. The article assured us that it was not contagious and that “no cases have been reported to date outside the homosexual community or in women.”

Soon enough, purple lesions of Kaposi Sarcoma became markers of those infected. Panic and fear fueled conspiracy theories and misinformation regarding contagion. Risk groups were first identified as “the 4 H’s”: hemophiliacs, heroin addicts, homosexuals, and Haitians. Another unfounded hypothesis accused the government of creating the pathogen to eradicate the gay and African-American communities.

In 1982, AIDS (Acquired Immunodeficiency Syndrome) was named by the Centers for Disease Control. It took another three years to develop a blood test for HIV once it was identified as the cause, and almost fifteen years to develop a number of anti-retroviral drugs that, taken in various combinations, turned the disease from a death sentence into a manageable condition. But before that, chaos ruled on the public health front as millions died.

Federal leadership was lacking as the pandemic began to spread. President Reagan did not publicly mentioned AIDS until 1985. Senator Jesse Helms (R-North Carolina) called for quarantining people who tested positive. Then Secretary of Education, William Bennett, suggested that prisoners with the AIDS virus should remain in custody after serving their sentence so they could not take “revenge on society.” Conservative commentator William F. Buckley Jr. asserted in The New York Times: “Everyone detected with AIDS should be tattooed in the upper forearm, to protect common-needle users, and on the buttocks, to prevent the victimization of other homosexuals.”

With inaction, ignorance, and vitriol on the federal level, grassroots efforts organized. Gay Men’s Health Crisis in New York (1982), San Francisco AIDS Foundation (1982), and AIDS Project in Los Angeles (1983) were early examples of communities mobilizing information, support, treatment, and advocacy.

In these initial years, without any substantive information, friends, families, and medical staff did not know how contagious the disease was, so the sick were isolated. However, many frontline medical workers were heroic. Soon enough, community heart circles began to provide home healthcare and hospice. These then morphed into weekly memorial services for our lost ones. My lived experience of this era is still quite raw. My notebooks list 119 lost to AIDS.

I worry that we haven’t learned very much about the importance of scientific information and compassion in these early days of responding to COVID-19. Not only here in Vermont, but also on Cape Cod, Martha’s Vineyard, in the Hamptons and other east coast resort areas, social media posts warn second homeowners not to return, fearing they will use up scarce resources. Second homeowners are vital to many towns and states’ economies and they too are neighbors. Vermont Governor Scott’s directive to “Stay Home / Stay Safe” applies in whatever home we are in.

Already some European countries and China are discussing the dystopian notion of testing citizens to allow those showing immunity to return to work, even though researchers have yet to determine if the presence of coronavirus antibodies correlates with immunity and how long lasting it is. Best to let science catch up here. These COVID passports could separate the weak from the strong, the old from the young. Marginalization and stigmatization did not work in the AIDS crisis and it seems too early on in this disease to choose societal over individual rights.

We now all live with COVID-19. As we begin to mourn the dead, we will also need to embrace the survivors among us. May information sharing, self-care, community support, and advocacy continue to flourish in the dark days ahead.

Bringing their best selves forward

What an extraordinary moment we are living through. Daily, our lives are ever more upended. As one of your elected legislators, I am privileged to witness first-hand heroic efforts - so many are stepping up in profound ways. 

The Statehouse has been closed to the public, but legislative work continues. We have been meeting virtually since recessing on March 13 through conference calls and video chat - publicly available to everyone to listen in and observe. Last week, members of the House and Senate did go back to Montpelier to pass emergency recovery packages and all committees worked online through Zoom meetings available on YouTube.

Under the adept stewardship of Senate Pro Tem Tim Ashe and Speaker of the House Mitzi Johnson, the Joint Rules Committee meets by phone with various State Departments to receive updates of ever-evolving responses to this unprecedented crisis. Business disruption, childcare, corrections, testing, evictions, grocery and retail, homeless Vermonters, hospitals, judiciary, licensing, liquor, foreclosures, motor vehicles, municipal governments, nursing homes, prescriptions, schools, taxes, telemedicine, unemployment insurance, and utility disconnection are some of the issues the legislature and administration are working together on to help Vermont weather this crisis. 

The Governor’s team has been remarkable, working tirelessly and resiliently to respond to the exponential volatility of the pandemic. They personify the inspirational humanity at play here in Vermont. And how can we ever be thankful enough for those frontline healthcare and support workers putting their own lives at risk saving the most vulnerable among us. 

As I spend more time at home, I am also reminded how dependent we are on the unsung heroes staffing grocery stores, sanitation pick-up, postal workers, utilities and plumbing repair, emergency food and shelter, bus, taxi, and delivery drivers, childcare providers, farmers, journalists, pharmacists, neighbors checking in on each other, and myriad others holding our communities together. Police, fire, EMT, and city workers are extraordinary. Leaders don’t get to choose their battles. There are so many to be grateful for as they bring their best selves forward serving others.

The financial and emotional collateral damage of this pandemic will escalate in the coming weeks. Thousands of friends and colleagues have been laid off and more will be getting sick. The Governor’s “Stay Home, Stay Safe” order directed the closure of in-person operations for all non-essential businesses to be in effect until at least April 15, 2020. As well, school buildings are closed until summer with students learning at home.

Continuing equal measures of self-care and community support will be essential as we balance protecting public safety and restoring the economy. Dr. Martin Luther King Jr’s words seem apt: “We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

As we slow the spread, flatten the curve, and save lives, the legislature will be grappling with the catastrophic impact on our state’s economic systems as well. Delaying payment of rooms and meals taxes and other short-term measures will ease immediate pressures for individuals and businesses, but result in what the Joint Fiscal office projects could be $145 million less in the fourth quarter of this fiscal year for essential services in our downsizing economy. 

Emergency measures will be fast tracked, but the budget, revenue, capital, and transportation bills, among others, are also essential for the ongoing day-to-day operations of our state. In the unsettled days ahead, I am certain Vermonters will continue to hold each other dear. Be well and stay in touch.

Working to ensure dignity and a safety net for all who need it

In the first half of this session, priority in my committee (General, Housing, & Military Affairs) was given to a number of bills and a resolution affirming the humanity and dignity of marginalized populations, with testimony received from myriad stakeholders, including those with lived experience. Here are a few of the issues taken up.

We worked on a joint resolution apologizing and expressing regret to all Vermonters harmed as a result of discredited eugenics research, and its sterilization and institutionalization policies. Eugenics was a dark chapter in Vermont history. Members of Abenaki bands, Vermonters of mixed racial or French-Canadian heritage, the poor, and people with disabilities were targeted.

Children were removed from families, people were incarcerated or institutionalized, family connections were lost and the sense of kinship and community was destroyed. In 2019, UVM issued a statement of apology for its “unethical and regrettable” eugenics role. This resolution is an important opportunity for the House to apologize for the harm the eugenics movement caused.

In the House, our focus is to create a Vermont that works for all of us, not just a select few. My committee worked to develop a Homeless Bill of Rights (H.492). The bill protects people without homes (or perception thereof) against discrimination and includes them in the state’s protected classes. Congruent with Vermont’s constitution stating Vermonters are “equally free and independent” and all are entitled to the same benefits and protections, the legislative intent of this bill is that a person’s rights, privileges, or access to public services may not be denied of abridged solely because they are without housing.

As Vermont grapples with the unprecedented crisis of people struggling with substance use disorders, Recovery Residences are a key component of treatment alternatives. Studies indicate the need for more than 1,000 additional beds, and communities are working hard to meet the needs of those with substance use disorders. I introduced legislation (H.783) whose intent is to expand the number of recovery beds available.

My bill creates state-wide definitions and detailed expectations and operational policies. Recovery residence operators are asking for this. Next, it addresses zoning for these homes as single-family residential use. This clarity is essential for both operators and communities. Guidelines and policies for temporary and permanent removal is also addressed to allow a fair due process for both tenants and landlords, balancing individual and community rights.

I continue to learn about the complex realities of recovery from advocates, operators, state administrators from the departments of health, housing and corrections as well as people challenged with substance use disorders. Visiting South Burlington’s Suburban Square women’s home run by the Vermont Foundation of Recovery illustrated the benefits these kinds of recovery residences provide. The bill was voted out of my committee affirmatively and now resides with the Human Services Committee for their review.

I was disappointed that the House of Representatives could not override the governor’s veto of paid family and medical leave. However, I was heartened that both the Senate and House could override his veto of increasing the minimum wage of two years to $12.55. Forty thousand of our lowest paid workers deserve this raise if we are to have a fair and equitable Vermont.

I welcome your input – please stay in touch.

Your South Burlington State Representatives at Work

Representatives Martin LaLonda, Ann Pugh, Maida Townsend, and John Killacky

We are honored to serve South Burlington the Vermont House. Our thanks to everyone who has reached out so far during the 2020 session. Your feedback provides valuable perspective as we work through bills. Already this session, the House advanced and passed a number of bills to build a strong Vermont economy, invest in our communities, protect the needs of vulnerable Vermonters, and to prepare for the future. Please continue to be in touch during the session. The legislature is expected to adjourn in early to mid-May. Here is some of the legislation we are working on during the 2020 session. 

Older Vermonters Act: The number of Vermonters over the age of 65 is projected to jump by 50 percent over the next decade. Our current demographic makes us the second oldest state in the nation behind Maine. We are trying to help the state be ready for this major demographic shift.  H.611 directs the development of a broad ranging strategic plan for Aging in Vermont to serve as a blueprint for state government, local communities, private organizations, and philanthropy to build environments and systems that promote healthy aging. It establishes an Older Vermonters Act, detailing a system of services, supports, and protections for Vermont residents 60 years of age or older to remain as independent as possible into their later years. This “bill of rights” ensures that policy decisions relative to older Vermonters enhance their self-determination; safety and protection; financial security; optimal health and wellness; social connection and engagement; housing and transportation; and family caregiver support.

Pre-Kindergarten: The first years of a child’s life form a bedrock of experience and learning that shapes future health, happiness and capacity for success. In 2014, in an effort to give children the best possible opportunity for success in school, the state implemented universal access to pre-kindergarten for 10 hours a week for 35 weeks. Vermont uses a “mixed delivery” system that enables parents to choose a private pre-K provider or a public school pre-K experience.  As a result of  enabling parents to choose the best fit for their child, it meant that both the Agency of Education and Agency of Human Services had jurisdiction. This has caused some confusion about roles, rules and responsibilities. The House Education and Human Services Committees are working to clarify these roles and to simplify and streamline oversight and requirements as much as possible. 

Climate change: The Global Warming Solutions Act (H.688) recently passed the House on a strong vote of 105-37 and turns Vermont’s inspirational goals for carbon emission reductions into requirements and provides Vermont a framework to take thoughtful action to protect our citizens, reduce our emissions, and prepare for the impacts of climate change. It lays the foundation for building a future of resilience, energy transition, and economic development by establishing an accountability framework. It also directs the State to work with community experts to develop a roadmap for action. Taken together, these action steps will move our goals into action, so we proactively adopt policy to address climate change.

Good Samaritan Law: Some laws in Vermont are unfortunate relics of past times. In February, the House passed a bill (H.568) to create a Committee to review Vermont’s prostitution laws with an aim to modernize them while maintaining criminal penalties for trafficking, coercion, and exploitation of minors. In addition, the bill added prostitution to our Good Samaritan Law to protect vulnerable Vermonters. The Good Samaritan Law covers a variety of drug laws. For example, someone using heroin can call 911 to request emergency assistance for a fellow user who has overdosed without fear of then being charged with a crime. By adding prostitution to the Good Samaritan Law, we are helping to ensure that vulnerable Vermonters who are often in dangerous situations have better access to law enforcement protection. Whether one supports decriminalization of sex work, is opposed to decriminalization, or is on the fence, we can all agree vulnerable Vermonters should be kept safe. 

Keeping Our Kids Safe: In 2020, The House has continued its longstanding work to protect the most vulnerable Vermonters. This includes ongoing work to update Vermont’s child sexual exploitation laws. While this is a subject that makes many people uncomfortable, it is not a subject we can avoid if we want to protect vulnerable Vermonters. Current state laws do not address existing file sharing technology, which means some people who should be charged with very serious crimes currently have a loophole. The House Judiciary Committee is working on legislation to ensure that anyone who should be facing serious repercussions for sexual exploitation of children will be held accountable.

Protecting Victims of Domestic Violence: The House Judiciary Committee is working diligently to protect those who are currently trying to escape from domestic violence situations. This includes efforts to create the necessary legal framework to recognize and enforce Canadian abuse prevention orders so that our neighbors to the north do not lose needed protection if they visit our state. The Judiciary Committee is also working to offer added protection to Vermonters in these dangerous situations with H.610, a bill that prevents people served with abuse prevention orders from accessing firearms. Often the time after an abuse prevention order is served is the most volatile and the most dangerous for the person seeking relief. Fifty percent of murders in Vermont are domestic violence situations. The Judiciary Committee has developed H.610 so it would offer additional security and safety for endangered Vermonters. 

Creating a Fair Justice System: The House Judiciary Committee has continued on its work to create a justice system that is more just, fair, and equitable. The Committee is developing legislation to create a classification system for criminal offenses in the state. The goal is to ensure that similar crimes have similar penalties. This would help codify a fairer justice system for all Vermonters. 

Apologizing for Vermont’s Eugenics Movement: The Committee worked on a joint resolution apologizing and expressing regret to all Vermonters harmed as a result of discredited eugenics research, and its sterilization and institutionalization policies. Eugenics was a dark chapter in Vermont history. Members of Abenaki bands, Vermonters of mixed racial or French-Canadian heritage, the poor, and people with disabilities were targeted. Children were removed from families, people were incarcerated or institutionalized, family connections were lost, and the sense of kinship and community was destroyed. In 2019, UVM issued a statement of sincere apology for its “unethical and regrettable” eugenics role. This resolution is an important opportunity for the House to apologize for the harm the eugenics movement caused.

Recovery Housing Update: As Vermont grapples with the unprecedented crisis of people struggling with substance use disorders, Recovery Residences are a key component of treatment alternatives. Studies indicate the need for more than 1,000 additional beds, and communities are working hard to meet the needs of those grappling with substance use disorders. The House General, Housing and Military Affairs Committee worked on a bill (H.873) to create statewide definitions and detailed expectations and operational policies for recovery residences. The bill addresses the zoning for these homes as single-family residential use. Clarity on zoning is essential for both operators and communities. Guidelines and policies for temporary and permanent removal is also addressed, providing for fair due process for both tenants and landlords, in a manner that balances individual and community rights. 

Homeless Bill of Rights: In the House, our focus is to create a Vermont that works for all of us. H.492 would protect people without homes (or perception thereof) against discrimination and includes them in the state’s protected classes. Congruent with Vermont’s constitution stating that Vermonters are “equally free and independent” and that all are entitled to the same benefits and protections, the legislative intent of this bill is that a person’s rights, privileges, or access to public services may not be denied of abridged solely because they are without housing. 

Increased Minimum Wage: While the House of Representatives could not override the governor’s veto of paid family and medical leave, both the Senate and House did override his veto of increasing the minimum wage of two years to $12.55. Forty-thousand of our lowest paid workers deserve this raise if we are to have a fair and equitable Vermont.   

Budget Adjustment FY2020: “Budget Adjustment” occurs midway through the fiscal year.  It is a recalibration, a truing up so as to maintain the state budget in balance. The adjustment needed was relatively small: A cumulative 2.74% change, moving the budget from $6.1 billion to $6.118.6 billion. This budget adjustment was supported with internal transfers and additional revenue as reported in both July 2019 and January 2020. The unanticipated revenue was considered “one-time” money, not to be applied to on-going needs. Further, any expenditure needed to be linked to the FY2020 budget.

Collegial work among the House, the Senate, and the Administration resulted in a budget adjustment act which undergirds an ever stronger, healthier Vermont for all Vermonters. The act includes a broad array of important investments in human services. Examples include $162,000 to support 24/7 availability of the 2-1-1 helpline; $1.95 million needed for emergency housing vouchers; $4.3 million to support foster care increases; $153,000 for Child Development Special Accommodations Grants; and $2.9 million to support increased cost of serving patients with increased acuity at nursing homes. There is also $947,000 added toward the residential care cost and increase in caseloads for children with mental health challenges. There is $75,000 to address urgent security needs in the Washington County Criminal Court. Transfer funds are used to address deficits in the Workers Compensation and State Liability Insurance funds, and funds needed for debt service are reduced as a result of bond issuance scheduling.

FY2021 Budget: House Appropriations is currently working on the FY2021 budget. This is the budget which covers the work, the programs of state government from July 1, 2020 to June 30, 2021. The committee is on target to present their proposed budget within weeks after Town Meeting Day Week. The budget will be balanced, with on-going spending in check but with needs of Vermonters addressed.

In the process, the committee goes deep into the numbers, hearing budget testimony from all state-related entities from all three branches of government. They look at new and old initiatives in terms of results-based accountability. They challenge unidentified resources needed past FY2021. They question proposed reductions as well as increases, position changes, perceived program delivery hurdles, use of “one-time” money, and “vacancy savings.” They examine budgeted versus actual spending, carry-forward funds and reserves, and needs not addressed in FY2021 proposals brought to the committee. Throughout, House Appropriations stays in touch with the respective policy committees, and encourages representation sitting in when state programs within their jurisdiction are being discussed.

Advocacy groups are invited to enter testimony formally into the record. Likewise, through nine regional public hearings, the committee reaches out to the public in general. Throughout, written testimony is also welcome. The House will soon send to the Senate a fiscally responsible budget which supports and further strengthens Vermont, its communities, its families, its most vulnerable.

First month back in the State House

When the legislature reconvened for the second year of the biennium on January 7, there were a number of issues carried over from last spring. The Senate had approved an amendment to the state constitution and the House voted (145-0) to reaffirm that slavery and indentured servitude are prohibited in Vermont. Because this is a constitutional amendment, both the Senate and the House will have to vote again in the next biennium and then this issue will be put on the statewide ballot for voters to decide.

Two major issues, raising the minimum wage and a paid family and medical leave insurance program, had not reach agreement with both the House and Senate before last spring’s recess, so Committees of Conference were assigned with three members from each body negotiating agreements. Both were affirmed and sent to the Governor’s desk.

The Committee of Conference compromise for Paid Family and Medical Leave (H.107) provides 12 weeks of bonding for each parent; 8 weeks for family care; and 6 weeks of voluntary, opt-in benefits for the employee’s own illness. Benefit amounts, contribution rates, employee eligibility, program administration, implementation, and studies were included.

Regarding minimum wage, I had the honor of serving on the Committee of Conference (S.23), along with South Burlington’s Senator Michael Sirotkin, that increases the current rate of $10.96 to $11.75 in January 2021 and $12.55 in January 2022. As part of this bill, the Office of Legislative Council and Joint Fiscal Office will report on minimum wage for tipped, student, and agricultural workers. These studies will help committees of jurisdictions delve more deeply into how Vermonters are compensated.

Passing this much-needed incremental increase impacts 40,000 of our lowest paid workers. An individual working full-time at minimum wage will receive approximately $5,000 more in wages over the next two years. This is also a gender equity issue, as women are a disproportionate share of workers currently earning less than $11 per hour.

Last week, the Governor vetoed family leave and at press time it was unclear what he was going to do with minimum wage. If he vetoes both bills, the two chambers will need two-thirds of their members to override.

While not voting on the floor of the House, I was in committee (General, Housing, and Military Affairs) listening to introductions on bills regarding collective bargaining rights, year-round daylight savings time, sports wagering, and a homeless bill of rights, among other issues. Reports were delivered from the Commissioners of Liquor and Lottery and the State Treasurer on Housing Funding and Finance. As well, a joint hearing was held with the Human Services Committee on Homeless Awareness Day.

Two bills, I am co-sponsoring on compliance for gender-free bathrooms (H.556) and defining, certifying, compliance, and zoning for recovery residences (H.783) were introduced. I will report on these in future columns as they progress in the legislature.

Community meetings were aplenty, including participating on the marketing committee to support the new library’s fundraising campaign. And on Monday last week, I attended a breakfast with the Lake Champlain Regional Chamber of Commerce followed by a legislative forum with Kidsafe Collaborative. Later that afternoon, I met with art teachers at South Burlington High School before the monthly legislative meeting with constituents at the library.

Our next monthly legislators’ meeting is on February 24 at the South Burlington Public Library, 6:30-8 pm. I hope you can join me and your other elected representatives. I welcome your input and look forward to the conversation - feel free to contact me anytime.

Where art and legislation meet

As Vermont’s Legislature only meets January through May, I look forward to returning to work full-time on political matters. My off-season has been busy with constituent meetings, committee hearings, fiscal briefings, conferences and community events. I also taught a class at Champlain College this fall.

Artistically, I curated an exhibition of Vermont photographer Dona Ann McAdams that opened in Brattleboro in June then traveled to Rutland. Next month, it will be seen in St. Johnsbury with future stops in Stowe, Burlington and New York. I completed a short video project, elegies, featured in an exhibition, Love Letters, opening at Helen Day Art Center in Stowe Jan. 16.

Curating a 45-year retrospective of Dona Ann McAdams’s photography (donaannmcadams.com) was a year-long process of researching her archives, augmented with ongoing conversations with the artist and curators from the hosting institutions. The exhibition grew ever richer with input from others.

My video work, too, is collaborative. New York-based choreographer Eiko Otake and I wanted to create elegies to our dead mothers. We invited Brian Stevenson, production manager at Vermont PBS to join us (https://vimeo.com/375048275). The three of us worked together on script development, lighting, sound, camera shots and editing – a seamless process that improved the finished work.

I mention these projects because I believe my artistic practice parallels legislative actions. Moving bills from drafting to committee deliberations onto floor votes in both the House and Senate is also an iterative collaborative process informed by myriad voices – stakeholders, advocates, community members and other legislators, in addition to the governor. Bills constantly evolve and change. Compromise may be the best that can be achieved, given conflicting input, needs and resources.

Priority issues identified by South Burlington residents in a recent legislative survey include minimum wage, paid family leave and climate change – all requiring innovative solutions. We should see a moderate path forward on raising the minimum wage. Initially proposed was raising the base wage to $15 per hour over five years; more likely we will see a two- or three-year window with smaller increases.

The paid family and medical leave insurance program also has been scaled back considerably after an impasse last session. Federal employees now qualify for 12 weeks of paid leave. Last month the governor offered 8,500 state employees six weeks of paid leave. This is significantly less than current legislative proposals.

Hopefully, the artistry of politics will play out with a resolution benefiting all Vermonters.

Legislators and the administration are working together to combat our climate crisis. The governor presented a draft memorandum of understanding for Vermont to join 11 neighboring states and the District of Columbia in a regional compact capping carbon pollution from transportation, charging fossil fuel companies fees and returning that money to participating states.

Choreographing a path forward on this multi-state framework will truly require inventive alliances. This is not a carbon tax, but a cap-and-invest program, the proceeds used to invest in equitable, efficient, affordable and cleaner transportation options and workforce development in a revamped green economy. Comments and testimony are to be taken on the draft with a decision expected this spring.

In politics, as in art, vexing problems are best tackled from multiple perspectives with stakeholders involved. Resiliency and adaptability are also essential for best outcomes in life, art and politics. I look forward to calling upon the artist within during this legislative session.

Learn more about issues moving ahead at our legislators’ meeting Monday, Jan. 27, 6:30–8 p.m., at the South Burlington Public Library.

I value the conversation and feedback. Feel free to contact me anytime.

Going back into session

Next month, legislators return to Montpelier with many pressing issues still in play during this second year of the biennium. I serve on the General, Housing, and Military Affairs Committee. Here are some things I drafted bill requests for: streamlining regulations for recovery homes, studying how tipped employees, students and agricultural workers are compensated, updating employment statutes to eliminate out-of-date and obsolete provisions, and creating an enforcement process for a previous bill requiring all single use bathrooms be listed as gender neutral. 

Two issues that originated in my committee, raising the minimum wage and establishing a paid family leave insurance program will be high priorities to be addressed in January. There were significant differences between the Senate and House chambers on these issues last spring, but a moderate path forward seems to be the consensus. 

As well, the legislature is wanting to more proactively address climate change. Please join me and your other state legislators on December 9 at Frederick Tuttle Middle School from 6:30 - 8 pm to discuss how all of us can do our part to combat climate change. As a member of the Climate Solutions Caucus, we had many conversations over the summer and are eager to get your input as how to create a more sustainable future for our state.  

Much will be discussed at the forum, including how Vermont can encourage reduction of carbon emissions, create economic opportunity through a Green Economy, improve transportation equity, and continue efforts with building thermal efficiencies – all factors in reducing climate changing pollution. Potential legislation under consideration will be previewed.

Other issues I worked on over the summer include improving conditions at South Burlington’s Women’s Prison with the Women’s Legislative Caucus. As a member of the Tourism Caucus, we investigated how the state can increase its support for destination marketing, given the importance of tourism to Vermont’s economy. I am particularly interested in how the creative sectors can be further highlighted in rural communities.

 I pulled together a meeting with thirteen other state legislators from Chittenden County with the leadership of the National Guard regarding the arrival of the full fleet of F-35’s next spring and the cumulative sound impact. A group of us subsequently met with airport officials about their application to the FAA for noise mitigation funding as a result of mapping aircraft noise levels in surrounding neighborhoods of South Burlington, Williston, Winooski, and Burlington. 

Another meeting that was very beneficial was between South Burlington’s City Council and School Board with Representatives and Senators regarding state legislative matters of interest. We are all on the same team – working to improve the lives of those in our community. 

There are myriad other issues percolating in the upcoming session, including taxing and regulating the sale of marijuana so we have adequate resources to protect consumers and reduce youth usage. On December 10, we will be starting up again the monthly Legislative Forum at the South Burlington Library from 6:30 – 8 pm. Since each of your four Representatives, Ann Pugh, Maida Townsend, Martin LaLonde, and I sit on different committees, we will report on significant pieces of legislation in development. We are eager for your input and want to understand your priorities as we go back into session. 

Hope you can join us for the both the Climate Solutions Forum on December 9 and our Legislators’ meeting on December 10. Feel free to contact me anytime by email or phone.

South Burlington's Women's Prison

Last month, I spoke before a Joint Legislative Justice Oversight Committee, sharing concerns raised by inmates in our Chittenden Regional Correctional Facility. As the prison is in my legislative district, I felt it was incumbent to speak on the women’s behalf. I visited the institution three times in recent months, first with the Women’s Caucus, and then in response to letters received from prisoners. 

During my first trip in February, it was clear myriad issues need addressing. Capital improvements are required to upgrade buildings and grounds. Originally built in the 1970s to temporarily house 80 offenders awaiting trial, over 150 women are currently incarcerated here.

If we want these women to be successful rejoining their communities, expanded therapeutic and vocational opportunities are crucial. There are complex physical, emotional and psychological issues present, exasperated by intergenerational trauma. The internal culture of the institution needs to shift to ensure prisoners are not merely warehoused but are supported with nurturing rehabilitation. 

Preparing for reentry is also key. One inmate told me she had “done her time,” but was waiting for space to open up in transitional housing in Rutland. It was unclear how long she was going to have to stay in jail.

In July, I received a lengthy dossier from an inmate detailing a guard’s alleged misconduct. Included were copies of complaints filed. Accompanying this package was a short letter from the inmate’s peer-to-peer Open Ears’ Coach:

“Instead of entering into an environment that is intent on correcting negative social behaviors, she has experienced trauma. She is not alone in this. … This current process available to address staff misconduct does not work. It compromises these women’s safety and mental health; leaving them feeling unheard and without hope.”

I phoned prison Superintendent Theresa Stone and met with her and Assistant Superintendent Lori Perkins. I was told an official investigation of the complaints was done, and that, “the guard still worked here.” I then asked to meet with the Open Ears Coach who had written in her cover letter that many others are “feeling unheard and without hope.”  

Assistant Superintendent Parks and I met with her and she reiterated concerns that women do not feel safe. She herself had filed three complaints and never heard back from the administration. Parks promised she would investigate since these had been filed prior to her employment. Subsequently, the assistant superintendent told me she had gotten back to the woman.

In September, I received another letter. In it, various issues were detailed: “lack of outside recreation … being out of stock of several medications such as antibiotics, antidepressants, and suboxone … and understaffing.” The inmate claimed she was physically assaulted by a guard and filed a report.

With the receipt of this second letter, I emailed Department of Corrections Commissioner Michael Touchette asking for a meeting. He emailed me right back, “If you have information about a lack of safety for women at CRCF, I’d prefer to hear about it now, so we can address any immediate issues.” He sent along his cell number and we spoke on the phone. 

I appreciate the commissioner as well as the superintendent and assistant superintendent for their responsiveness. In separate conversations, both the commissioner and superintendent mentioned more trauma-informed training was needed for guards. This seems imperative. Furthermore, a more transparent complaint process needs to be instituted with inmates hearing back in a timelier manner. 

Capital investment, therapeutic and vocational opportunities, staff training and streamlining the complaint process – we can do better. We must. 

Arts Advocacy through a politician’s lens

My entire career has been as an artist and arts administrator. Forty-five years ago, I was dancing in Chicago, New York, and Winnipeg. My subsequent work in film and writing has focused on personal narratives around AIDS, disability, and queer identity. I managed dance companies (Laura Dean and Trisha Brown), presented contemporary performing artists (PepsiCo Summerfare and Walker Art Center), ran multidisciplinary presenting organizations (Yerba Buena Center and Flynn Center), and worked in philanthropy (Pew Charitable Trusts and The San Francisco Foundation). In all these positions, I championed artists, community engagement, diversification, inclusion, and access.

Since being elected to the Vermont House of Representatives last fall, my perspective has dramatically changed as to how best advocate for the arts and, in fact, how siloed arts organizations and their funders are. My legislative work focuses on economic development, tourism, heath, education, affordable housing, environment, and agriculture, as well as vulnerable populations: veterans, prisoners, the homeless, those suffering from substance use disorders, and survivors of physical and sexual abuse. Art is barely present in these conversations, but is so needed.

Those of us with lived experience understand the profound transformative power of the arts; yet this does not resonate in a broader community context, especially for those disenfranchised. Art is still perceived as a luxury for the privileged, not a necessity for all. Cultural organizations need to recalibrate efforts and partner with local, regional, and national agencies of health and human services, education, agriculture, housing authorities, prisons, national parks, veterans affairs, and the environment in order to develop strategies for how the arts can be more fully integrated into their efforts.

There are many exemplar organizations that model this kind of service as central to their missions: Rhodessa Jones’ Medea prison project, Jazz House Kids, Appalshop, Vermont Abenaki Artists Association, Alliance for California Traditional Arts, Alternate Roots, First People’s Fund, Project Row Houses, Urban Bush Women, Axis Dance Company, and others. For these groups, authentic community engagement is a core commitment to nurture vibrant communities.

National arts funders, too, must continue to evolve funding criteria. While many have rightfully focused on racial equity and social justice to redress systemic racism, arts philanthropy also needs to address poverty as a central barrier. There is so much lost potential when arts funders don’t collaborate with other program area portfolios even within their own foundations. Integrating the arts into ongoing anti-poverty work is crucial.

Living now in a rural state, I witness the devastating realities of income inequality. People living through generational destitution, addiction, and trauma need the arts to help with healing. More money is not needed to diversify audiences for major institutions; investments need to be made to enable all community members to be enriched by art and culture in order to live more resilient lives.

Horse Sense for Politicians

This summer I had time to reflect upon on my first session as a legislator while spending extended barn time with my Shetland pony. I’ve trained her to pull me in a cart. She’s 12 years old, we’ve known each other since she was born.

Working with equines requires patience, consistency, taking the long view, positive reinforcement, changing patterns so as not to get stale, getting out of your comfort zone, and reaching for new achievements. Failure is an essential component of learning. Many seasoned legislators understood this, having toiled on bills for years before passage. As a new member, I was reminded me to, “Stay the course.”

A lot of my time with the pony is drudgery: mucking out stalls, cleaning water buckets, picking hooves, grooming, and exercising her daily. But when I sit in the cart and our drive goes well, all the effort is worth it as we glide through space. Not all bills my committee worked on made it across the finish line, but it was deeply satisfying when something we spent weeks deliberating was signed into law by the governor.

Equines are herd animals. Group dynamics and hierarchy are important. There’s always a top mare, and horses are quite content to follow the leader of the pack. However, when out grazing, reconfigure the group in any way, and leadership is up for grabs. Size, tenure, and age don’t matter; taking charge with a few nips and kicks delivers the appropriate gravitas. 

With over forty new legislators in the House, consensus was not always achieved. What seemed like a Democratic “super majority” going into the session did not play out in reality. Progressives and blue dog democrats did not always agree, as well as with the rural/urban divide – many shifting allegiances were at play.

Horses have eyes on the sides of their heads and see the world peripherally with 350-degree vision. When driving my pony, I put her in a bridle with blinders to focus her on the work ahead. As citizen legislators, representatives have their own blinders on. To counter this, colleagues seek authentic input and dialogue, listen intently, and adapt accordingly, since our realities may be quite different from those of the people we seek to serve.  

 Just in the last month, I met with constituents, strategized with other legislators regarding bills being developed, attended a Health and Wellness Disability seminar in Montpelier, marched with thousands in the Pride Parade and Climate Strike Rally in Burlington, participated in a Vermont Creative Network gathering in Richmond, and was a respondent with the Vermont Council on Rural Development’s asset mapping in Westford. Politically, I attended a fundraiser for Emerge, an organization training women to run for public office, and joined neighbors at the library to elect officers and re-establish our local committee of the Democratic Party in South Burlington. 

Finally, in horse training, we seek to learn the animal and understand how it perceives the world. Empathy and patience are key to success. The kind of deep physical listening I learned at the barn was useful when receiving testimony this past session on women’s reproductive rights, waiting periods for gun safety, vaccinations, F-35s, and other volatile issues.

These barn precepts resonate as I think back on my legislative work trying to advance policies while balancing expenditures and revenues, aspiring to contribute to a just and civil society where all Vermonters can have safe, healthy, robust, and expressive lives. As always, I welcome your feedback and ideas. Contact me by phone or email. Better yet, meet me at the barn!

Our community, working together for positive results

This summer I was inspired by the myriad ways our community works together. Good food and great company were had when Champlain Housing Trust hosted a cookout for residents of O’Dell Apartments. Brett Leonard and his team from South Burlington Recreation and Parks did the cooking, Kelly Kendall from South Burlington Public Library was there with the bookmobile bus and police were handing out ice pops. 

I attended the graduation ceremony for women from Lund who completed their high school education. Lund is such an extraordinary local organization working to break the cycles of poverty, addiction, and abuse by supporting pregnant and parenting teens, young adults and adoptive families. Other women from Lund were also honored in the celebration held at Vermont Commons School. 

During the party, I remembered attending Burlington’s Treatment Court last year. Participants take part in counseling, attend court hearings and follow program guidelines in order to have criminal charges dismissed or reduced. At that hearing, the family judge congratulated one young woman on the birth of her child and for being accepted into Lund housing. At the ceremony I just attended, this woman and her beautiful child were honored for the incredible progress she’s made. Testimony that lives can indeed be saved with compassionate social services. 

I also twice visited South Burlington’s women’s prison and wish that our ill-equipped, under-resourced facility and the criminal justice system could better serve those incarcerated and their families so that these women succeed when they rejoin our communities. Some women don’t feel safe and need more therapeutic and vocational opportunities. 

Stopping by the Thursday morning Rotary Club meeting, I heard about plans to provide back-to-school backpacks filled with supplies to students in need. Later that afternoon, I met with the South Burlington crew of Vermont Youth Conservation Corps, who removed the invasive species of buckhorn in Wheeler Park. As we gathered under a 200-year old oak tree, it was impressive to hear from the youth about their experiences conserving forest lands.

That same evening, I attended a joint meeting of the South Burlington City Council and Planning Commission and listened to reports from various committees volunteering their time to study how South Burlington can continue to encourage development while balancing environmental impact, conservation and affordable housing needs. Committees asked for more time to complete their extensive scope of work, and the city’s interim zoning pause on development was extended for a few months.  

The UVM Medical Center hosted a morning breakfast meeting at the Doubletree Hotel featuring a number of organizations collaborating to deliver integrated early childhood and family care on a statewide, regional and local level. The early results of these innovative partnerships are impressive indeed as the first few years of a child’s life are so very crucial to physical, intellectual and emotional development.

Finally, I attended a full day Social Justice Caucus retreat in White River Junction with legislators and activists trying to be more intentional about developing inclusive political, social, economic and ecological policies for Vermont. What an honor it is to be your citizen legislator and how lucky I am to learn from and participate in all of these community dialogues. 

Thanks to those who stopped by and visited our “Ask Your Legislators” table at the Aug. 15 SoBu Nite Out concert at Veterans Memorial Park. As always, I welcome your feedback and ideas.

Minimum wage, paid leave vital to families

Frustratingly, two bills I worked on in committee did not make it to the finish line this spring in Montpelier: increasing the minimum wage and establishing a paid family and medical leave insurance program.They were held up in negotiations between the House and Senate in the final weeks of the session. However, I believe better legislation will result when we return to work in January. There were too many issues unresolved. 

Raising the minimum wage to $15 per hour over a five-year period was seen as too fast for some, and not soon enough for others. Market forces in some urban areas had already accelerated wages above the prevailing $10.78, but small rural businesses worried about any further increases. 

Home health agencies, nursing homes, residential care homes, assisted living residences and adult day care agencies reported that, without additional Medicaid support, increasing the minimum wage would be onerous. Another factor, raising wages incrementally without adjusting eligibility for governmental supplemental programs, could create a “benefits cliff,” leaving some folks worse off short-term. 

Further consideration has to be given to how tipped employees, students and agricultural workers are compensated. As well, Vermont’s employment statutes need to be modernized to eliminate out-of-date and obsolete provisions, particularly regarding people with disabilities.

Complexity also played out in developing a paid family and medical leave insurance program. The governor’s voluntary program was introduced but not taken up, because a different bill was already in process in the House. At the session’s end, there remained significant differences between the House and Senate versions on this issue.  

Should the program be funded jointly by employers and employees? Both the House and Senate left that up to the discretion of employers. How much time is adequate for family bonding? The House thought 12 weeks for each parent for a total of 24; the Senate landed on 16 weeks shared between parents. 

Length of allowable family care time of up to eight weeks was in both versions, but differences for personal medical leave were eight weeks in the House, while the Senate provided up to six weeks of personal medical leave only to employees who elected to obtain coverage by paying an additional premium. Both chambers agreed that cumulative time off should be capped at 12 weeks in any given year.

Increasing the minimum wage and a paid family and medical leave insurance program are both essential to the viability of Vermont’s future, particularly in attracting young families and a more vibrant workforce.  Low-income Vermonters desperately need a raise. Forty-one percent of minimum-wage workers are considered “head of the household” and the majority of them are women. Too many scramble, juggling multiple part-time jobs to adequately feed, clothe and shelter themselves and their families. Increasing salaries is a shrewd investment, ultimately decreasing the costs of the social safety net long-term; not to be discounted is the additional consumer spending in local communities. 

Families should not have to suffer economic and professional hardships while raising children. Both parents deserve adequate bonding time with new ones. And baby boomers, too, need a break, struggling to care for themselves, ailing parents, and grandchildren in crisis. Few mind paying for Social Security and for disability, health, or unemployment insurance; another small premium to ensure paid family and medical leave seems like a wise investment each of us and employers can make. Happy and healthy employees tend to remain loyal, and retention is more cost-effective than turnover.

All four of your South Burlington state representatives — Ann Pugh, Maida Townsend, Martin LaLonde and I — will be at the upcoming Quadra concert in Veterans Memorial Park on Aug. 15. Look for the “Ask Your Legislators” sign. Stop by and let us know your thoughts.

Arts and the Creative Economy

Since the legislature adjourned in late May, I have been busy with arts-related projects around the state: attending a conference about Creative Communities in Montpelier, opening an exhibition I curated at Brattleboro Museum and Art Center, visiting Vermont Studio Center in Johnson, speaking at the Governor’s Institute on the Arts at Castleton University and participating in a workshop in Salisbury. I enjoyed free events during Burlington’s Discover Jazz Festival and saw compelling theater in Waterbury Center’s refurbished Grange Hall Cultural Center. How pleasant it is for me to drive, windows down, amidst verdant fields – my favorite time of year.

On my road trips, I was reminded how essential cultural organizations are to the vitality of each of their communities, and how the arts are, in fact, economic drivers in urban and rural economic development. The Flynn Center, which I ran before becoming your legislator, employs 300+ people with an annual payroll of over $2.8 million. The Vermont Arts Council recently released a study showing that the creative economy in the Northeast Kingdom employs 3,327 individuals, 9.4 percent of the workforce of 35,500. The Arts Council is expanding its research state-wide to illustrate how substantial the arts sector is in each community.

As a legislator, I feel Vermont can do more for the arts. Few cities and towns, including South Burlington, provide direct support to artist residents. This year, the Vermont Arts Council received an appropriation of $717,735 from the state. This money matches federal dollars and provides small grants to artists and arts organizations. Additional dollars, locally and statewide, can have transformative impacts. 

As we seek to encourage younger people to relocate here, added support for the cultural sector will make our region even more attractive and deliver immense returns on investment. Additionally, increased funding for the Vermont Department of Tourism can expand promotion of the vast array of cultural offerings year-round. Our artists, museums, theaters and festivals are world-class and can complement outdoor recreation, agriculture and craft breweries as tourist draws. At my Brattleboro Museum opening last month, so many folks told me they visit the museum three or four times each year from out of state.

Here in South Burlington, arts abound. Katie Baritt’s public art project with community members decorating utility boxes has enlivened our neighborhoods in subtle, yet profound ways – bringing smiles to all as we drive, cycle and walk by. Lines Vermont dance studio just opened its beautiful facilities on Farrell Street. Next week, SoBu’s Nite Out Summer Series begins free music concerts in Veterans Memorial Park. Longer-term, city leaders are discussing the viability of a building a new performing arts center as yet another economic anchor.

In addition to arts-related activities, I had the honor of joining the governor and fellow legislators at Norwich University as we signed a law encouraging veterans to register on the U.S. Department of Veterans Affairs Airborne Hazards and Open Burn Pit Registry. Military Affairs is part of my committee work, and I am proud that we were able to pass this bill into law this session, helping 10,000 Vermont Veterans deployed in Iraq and Afghanistan document the ill health effects of toxic contamination from waste disposal from open air burn pits on bases.

I hope to meet more constituents at the upcoming summer park concerts and look forward to hearing your concerns and legislative priorities for the upcoming session. See you in Veterans Memorial Park. Enjoy the music!

End of Legislative Session Report from South Burlington's four Representatives

It is an honor to serve as your State Representatives: Ann Pugh as Chair of Human Services, Maida Townsend on Appropriations, Martin LaLonde as Ranking Member of Judiciary, and John Killacky on General, Housing, and Military Affairs. Your feedback has been critical as we focused on advancing policies to enable our families and communities to thrive as well as building a Vermont that works for all of us. 

BUDGET SUMMARY

The FY2020 Budget goes into effect on July 1, 2019. It is a balanced budget totaling $6.1 billion. This represents a 2.6% increase over the FY2019 budget. It includes significant investments in the health of our natural environment; the development of our workforce and growing our economy; and the needs of vulnerable Vermonters, including shoring up critical provider systems. It includes the State’s full annual contributions for the State pensions and retiree health care and medical benefits funds. Just a few highlights:

·     An additional $2.3 million for weatherization, for a total of $17 million available;

·     $2.9 million for electric vehicles and charging stations;

·     $500,000 for acquisition and conservation of legacy forestlands;

·     And just two examples embedded in the Transportation Fund, $2.7 million for nine Park and Ride projects and $14.7 million for fifty-four Bike and Pedestrian Facilities projects.

·     $1.6 million for small business support in agriculture, forestry, and other working lands enterprises;

·     $2.8 million in tax credits for redevelopment of Designated Downtowns and Village Centers;

·     $1.3 million for regional development corporation block grants;

·     $1.2 million in matching funds to businesses for training incumbent workers to gain skills resulting in higher salaries at those same businesses.

·     $7.4 million, added to a $5.8 million base, plus $1.6 million in one-time funds for child care, supporting families and providers, as well as workforce incentive pilots and system investments;

·     $1.3 million added to master grant funding for Parent Child Centers in support of services to young families;

·     $1.5 million for appropriate community placements for persons with complex mental health challenges;

·     $2.5 million added to provide a benefit increase in the Reach-Up Program.

·     An additional $5.2 million to designated agencies across the entire system of mental health and developmental services;

·     An additional $2.1 million for a 2% increase for home and community service providers in Choices for Care;

·     An additional $445,000 for court diversion; and $243,000 for a rate increase to local EMS service providers; and $375,000 for emergency room security in small hospitals; plus a 5% increase for court security services.

POLICY HIGHLIGHTS

As we focused on supporting Vermonters in all aspects of their lives, here are some of the issues we worked in the legislature this session:

Child Care

Ensuring parents can access high quality, affordable child care in our communities is critical to giving all of Vermont’s children a fair change at a bright future. Not only is it one of the most cost effective ways to insure the healthy development of children, it is an investment in families, businesses, the economy and most importantly our youngest citizens. We increased our investment in child care this year by $7.4 million in order to make it more accessible and affordable to Vermont families. We increased the financial subsidies for low and moderate income families, provided funding for new and existing centers andtraining grants and scholarships to support the retention and professional development of child care workers.

Reducing Exposure to toxic chemicals

Thousands of toxic or untested chemicals are used in products we use every day in our homes, schools, and workplaces. These toxins are building up in our bodies and are contributing to alarming trends in public health, including increased rates of birth defects, developmental disabilities, reproductive disorders, cancers, and more.

We passed legislation requiring all schools and child care facilities in Vermont to test their drinking water for lead contamination, and then replace the taps if the water tests at or above 4 parts per billion. Lead is a toxic metal that's particularly harmful to children; it can impact their growth, brain development, and behavior. We took action after a 2017 pilot study identified the presence of lead in some school faucets. The plumbing fixture—such as taps or drinking fountains—was almost always found to be the source. The bill provides funding to cover testing, re-testing and a portion of fixture replacement costs. Vermont is leading the nation by setting one of the strictest standards for getting the lead out of our kids' drinking water.

Vaping and cigarette use by youth

We adopted a multi-prong approach to make it more difficult for youth to obtain and afford tobacco products. Data shows that 95% of cigarette smokers begin smoking before the age of 21 and it is well-established that nicotine is a highly addictive substance. Use of electronic cigarettes (vaping) is increasing at an alarming rate among high school and middle school students, prompting the Surgeon General to declare a public health emergency. In Vermont, we will tax e-cigarettes at the same rate as regular cigarettes. We also increased the legal age for purchasing cigarettes, including electronic cigarettes, from 18 to 21, joining 13 other states and finally we will prohibit the sale of electronic cigarettes over the internet.

Reproductive Freedom

Vermont’s policy has long recognized that decisions related to reproductive health care and abortion are deeply personal and private, and are best left to an individual and their health care provider. As more and more conservative judges and justices are appointed in this country, and Roe v. Wade comes under continuing assault in state after state, the fact that Vermont has no laws on reproductive freedom became more worrisome. We addressed this issue in two ways, working in both the short-term and the long-term to protect women's reproductive rights. We passed legislation that codifies reproductive health care practice in Vermont as it is today and as it has been for more than 40 years. Essentially, it codified Roe v. Wade in our statutes. This is an immediate response. For the long-term, we initiated a process to amend the Vermont Constitution to make these rights - the right to choose or refuse sterilization, the right to choose to become pregnant and the right to choose abortion - permanent. The amendment process takes several years and culminates in a statewide referendum, giving Vermont voters an opportunity to have their say in 2022.

Addressing Addiction

Vermont has a nationally recognized and often replicated model for addressing opioid use disorder and yet every year since 2014 has had more accidental opioid-related deaths than the year before. Last year alone we lost another 110 Vermonters. Legislation passed this session which limits prior authorization for treatment by insurance companies will improve access to medication-assisted treatment and prevent delays and remove administrative barriers when people struggling with Opioid Use Disorder take their first step towards treatment. 

Preventing substance misuse reduces the risks that contribute to alcohol, tobacco or other drug dependence, while promoting protective factors that support healthy lifestyles and communities. Effective prevention is not substance specific nor is it limited to schools or human service agencies. The role of the Chief Prevention Officer will be to integrate and build upon prevention efforts statewide, across all agencies of government and in areas that are not traditionally considered substance misuse prevention efforts in order to help Vermonters at all stages of life have the resources to make health choices and be connected to community and not become dependent upon substances.  

Statute of Limitation Reform

Sexual abuse of a child often leads to depression, PTSD, alcohol and opioid abuse, and many other health problems. It is an Adverse Childhood Experience that can lead to years of negative impact on the victim. However, victims of childhood sexual abuse often do not disclose the abuse until long after it occurred. Victims are often ashamed of the abuse and keep it secret. They may suffer severe psychological and emotional damage that may not manifest itself until adulthood. Others develop an arsenal of defense mechanisms and may repress memory of the abuse for an extended period of time. The average age for disclosure of childhood sexual abuse is 52 years old. 

Victims of childhood sexual abuse may seek monetary damages from their abuser in a civil action. Under current Vermont law, a victim can bring a civil lawsuit for childhood sexual abuse within six years after the abuse or within six years after the victim has “discovered” that an injury or condition was caused by the abuse. If there is a restrictive statute of limitations, delayed disclosure can prohibit a victim from seeking justice in a courtroom. 

Accordingly, the legislature passed a bill that eliminates the statute of limitations for bringing claims of childhood sexual abuse against the perpetrator or an entity that employed, supervised or had responsibility for the person allegedly committing the abuse if that entity failed to exercise reasonable care to prevent the abuse. Victims would be able to sue their abusers at any time, when they are ready to do so. The bill provides that the elimination of the statute of limitations for claims of childhood sexual abuse applies retroactively. That means that if a victim’s claim is currently barred by the existing statute of limitations, after passage, the victim would be able to bring the claim.

Medical Monitoring

Recognizing the need to protect Vermonters from the impact of toxic chemicals, the Vermont General Assembly enacted Act 154 in 2016. The law directed the Agency of Natural Resources to convene a working group to address the use and regulation of toxic chemicals. In January 2017, the working group recommended that the legislature should authorize individuals to recover the expense of medical monitoring for diseases when exposed to toxic substances due to another’s wrongful conduct.  

Medical monitoring is a program designed by experts in the field of public health and medicine.  It includes screening and ongoing observation to detect the symptoms of latent diseases linked to exposure to a toxic substance. Monitoring allows for the earliest detection and treatment of these latent diseases. Similar to early detection efforts such as mammograms and colonoscopies, this program ensures the best possible health outcomes at the least cost. It ensures that those harmed are screened and referred for medical care at the earliest possible time when effective treatment can improve outcomes.  

Both the House and the Senate passed this legislation, which would ensure that the cost of medical monitoring is not borne by the general public or the harmed individuals, as currently is the case. Rather, that cost would be paid by the industrial entity that caused the need for incurring those health costs.  

Firearm violence prevention

The presence of a firearm dangerously compounds the risk of impulsive acts of violence, especially suicide. Waiting periods create an important cooling off window for gun purchasers to reconsider their intentions, which can lead to a change of heart and a saved life. In addition, waiting periods provide additional time for the completion of a thorough background check.  This legislation, passed by both the House and Senate, would establish a 24-hour waiting period for the purchase of handguns. 

In addition to providing a cooling off period, this waiting period addresses a gap in the law, known as “default proceed” or the Charleston Loophole. Federal law allows a dealer to deliver a gun to a purchaser as soon as a background check is completed, which usually takes only a few minutes. Sometimes, however, a background check may not be completed instantly. In such a situation, after three business days have passed, the dealer may still provide the firearm to the purchaser, even if a background check is incomplete. This bill would close this gap. The 24-hour waiting period would commence upon completion of the background check, including in those instances when law enforcement needs additional time to do its work, such as, for example, determining if the purchaser is subject to a domestic violence restraining order. 

Restrictions on the transfer and use of large capacity magazines are also eased. Last year, the legislature passed Act 94, which placed restrictions on high-capacity magazines. The law, however, allowed large capacity magazines to be transported into Vermont for use in shooting competitions. But under current law, that authority will sunset in June of this year. The new bill would allow the continuation of the transport of these devices for organized shooting competitions. Without the provisions, such shooting competitions in Vermont would effectively come to an end.  

Investing in the Environment

Funding was secured to continue cleanup of our waterways, single use plastic disposable products were banned, polyfluoroalkyl substances (PFAS) like those found in drinking and surface waters in Bennington County were regulated, and electric vehicle and charging stations incentivized. Weatherization efforts were expanded, helping low and moderate income Vermonters save money and heating fuel by increasing the energy efficiency of their homes or apartments. The total budgetary investment in our environment is $167 million.

Economic Development

Workforce development strategies providedtraining opportunities for small companies, decreased barriers for new Americans to enter the workforce, and provided advancement grants for additional adult training and workforce education. Broadband build out supported local municipalities determining appropriate connectivity solutions. Licensing and taxation for Vermont’s burgeoning craft brewers and distillers were streamlined, enabling growth as well as providing a fairer and consistent tax base for the future. Transportation investments included paving, road maintenance, rail work, bridge construction, aviation, and public transit.

Protecting the vulnerable

Recognizing that safe, affordable, and secure housing is an essential component of healthcare for all, protections for victims of domestic and sexual violence were enacted to prevent survivors from being further victimized by facing homelessness or housing insecurity. For our Veterans, we focused on securing an honorable internment of any unclaimed Veterans’ remains at the Vermont Veterans Memorial Cemetery and encouraging our 10,000 veteransdeployed since 1990 to sign up to the U.S. Department of Veterans Affairs Airborne Hazards and Open Pit Registry. 

Equity

As we seek to deal with systemic racism and implicit bias in our state, the development of a multicultural curriculum for all schools was the first bill signed by the governor this session. As well, Columbus Day was renamed Indigenous Peoples’ Day, promising a more robust history for both indigenous and non-native Vermonters, celebrating the cultures, histories, and present-day lived experiences of Abenaki people and other original inhabitants of the Americas. 

_______

Your Representatives look forward to meeting you over the summer at community meetings, block parties, and summer concerts.  Please feel free to contact each of us.

Ann Pugh                                                                                Martin Lalonde

apugh@leg.state.vt.us                                                             mlalonde@leg.state.vt.us

(802) 863-6705                                                                       (802) 863-3086

Maida Townsend                                                                    John Killacky

mtownsend@leg.state.vt.us                                                    jkillacky@leg.state.vt.us

(802) 862-7404                                                                                   (802) 862-2254

End of First Session Recap

It’s been an honor to serve in my first year as your State Representative. Your feedback, along with advocates, has been crucial as I dove into issues affecting our community in my work on the General, Housing, and Military Affairs Committee. 

As too many Vermonters struggle to care for themselves and their families, my committee focused its work on bills gradually increasing the minimum wage over the next few years and developing a paid family and medical leave program. These bills promised to better support Vermonters in all aspects of their lives as well ashelping attract and retain talent, improve employee morale, and save money in the short and long-term. As a freshman legislator, it was fascinating to watch the bills undergo myriad changes as they made their circuitous route through the legislative process. Unfortunately the House and Senate could not agree, and these essential issues will have to be revisited in January.

My committee’s purview also includes a broad array of other topics, including housing and liquor control. Recognizing that safe, affordable, and secure housing is an essential component of healthcare for all, the committee developed protections for victims of domestic and sexual violence from being further victimized by facing homelessness or housing insecurity. To support some of our entrepreneurs, licensing and taxation for Vermont’s burgeoning craft brewers and distillers were streamlined, enabling growth as well as providing a fairer and consistent tax base for the future.

Veterans Affairs is also a part of my committee’s portfolio and here we focused on securing an honorable internment of any unclaimed Veterans remains at the Vermont Veterans Memorial Cemetery and encouraging our 10,000 veterans who were deployed since 1990 to sign up to the U.S. Department of Veterans Affairs Airborne Hazards and Open Pit Registry. The House also modifyied the Adjutant and Inspector General of Vermont’s National Guard’s election process by the Vermont General Assembly, but with difference with Senate colleagues, the bill was held over until January for further discussion.

Columbus Day was renamed Indigenous Peoples’ Day, promising a more robust history for both indigenous and non-native Vermonters, celebrating the cultures, histories, and present-day lived experiences of Abenaki people and other original inhabitants of the Americas. 

Many other initiatives moved into law this year though the work of other committees, as legislators prioritized bills to help communities and families thrive. Testing for lead in schools and child care facilities, making child care more accessible and affordable, reducing vaping and tobacco use among youth, and the development of a multicultural curriculum for all schools were some highlights for me to support on the floor of the House.

Environmentally, funding was secured to continue cleanup of our waterways, single use plastic disposable products were banned, polyfluoroalkyl substances (PFAS) like those found in drinking and surface waters in Bennington County were regulated, and electric vehicle and charging stations incentivized. Transportation investments included paving, road maintenance, rail work, bridge construction, aviation, and public transit.

Workforce development strategies providedtraining opportunities for small companies, expanded weatherization programs, decreased barriers for new Americans to enter the workforce, and provided advancement grants for additional adult training and workforce education. Broadband build out supported local municipalities determining appropriate connectivity solutions.

Emotional testimony was heard at public hearings on two high profile issues – guaranteeing women’s reproductive rights and a 24 hour waiting period on gun purchases. It was in these moments that the citizens’ legislature was at its most animated as I listened to and learned from Vermonter’s lived experiences. 

Unfortunately, our monthly legislative forums at the South Burlington Public Library are on hiatus until November.I will miss these opportunities to connect in person, but hope to meet constituents over the summer at community meetings, block parties, and summer concerts. I recently enjoyed a visit with senior residents at Grand Way Commons. Please be in touch if you have any questions or want to discuss your priorities for the legislature. I look forward to connecting with you.

On the backstretch of the session

As we enter into the last month of the session, the majority of my committee work in General, Housing, and Military Affairs has been on advancing three Senate bills for discussion and debate on the House Floor.  

S.111 seeks to encourage Vermont’s 10,000 veterans who were deployed in various “theaters of operations” since 1990 to sign up to the U.S. Department of Veterans Affairs Airborne Hazards and Open Pit Registry. Those stationed were exposed to toxic waste as garbage of all kinds was burned in football field-sized open-air pits. Many rare forms of cancers and respiratory issues are now manifesting in those who served. The Burn Pit Registry is the first step for further analysis of these presumptive illness as to whether they are associative or causative due the exposure to airborne hazards. Heart-breaking testimony was heard from a widow and a mother who lost her son, as well as a 31-year old veteran with fourth stage colon cancer who proudly served two deployments, but never thought “my county would poison me.”

The committee also heard testimony on S.23 which raises the minimum wage bill to $15 per hour by 2024. Advocates and practitioners on all sides on this topic spoke to us: unionized labor, health care providers, women’s commission, restaurant owners and individuals that received tipped wages, among many other voices. Some advocated for letting the market adjust working wages, others spoke about the gap for those earning the current minimum wage and the obstacles they face with housing, childcare, food, healthcare and transportation. The Joint Fiscal Office provided an extremely helpful fiscal note, and an analysis of how to mitigate the unintended consequences of a benefits cliff by adjusting the Child Care Financial Assistance Program. Approximately 87,000 Vermonters will benefit from increasing the minimum wage.

I reported on the floor of the House, S.68, which changes the name of Columbus Day to Indigenous Peoples’ Day. After much debate, this was passed by the House. By renaming this legal holiday, indigenous contributions will be highlighted, and historical wrongs redressed. Renaming the holiday, does not erase Columbus, but promises a more robust history for both indigenous and non-native Vermonters, celebrating the cultures, histories, and present-day lived experiences of Abenaki people and other original inhabitants of the Americas. 

On behalf of South Burlington, I testified, along with City Attorney Andrew Bolduc, before the House Ways and Means Committee, to support our city charter amendment proposing a one-half of one percent (0.5 percent) tax on rental cars within South Burlington. The revenue would be directed to support highway maintenance and emergency fire and ambulance services. City Manager Kevin Dorn and City Council Chair Helen Riehle also testified. Unfortunately, the committee did not support our charter amendment and is not expected to take action on it.

I also had a lovely visit with principal Mark Trifilio at South Burlington’s Orchard School and had lunch with the kindergarteners. As I had been a pre-school teacher early in my career, it was truly joyous to spend time with these wonderful children and see our great school in action.

Thank you to those who attended last week’s lively Legislative Forum at the South Burlington Public Library. I look forward to these each month. Hope you can join your elected officials at the next forum Monday, May 20, 6:30 p.m., at the library. We should be able to provide a recap of the legislative session.