Vermont Legislature SmartTranscripts:

[Chair Matthew Birong]: Alright. We are live. Thank you very much. Alright, everyone. Welcome back after lunch. It is about 01:15. We are doing a walkthrough on the reports repeal project. It is posted with a draft number on our legislative page under council's name, Tucker Anderson. With us is Tucker Anderson, resident office of legislative council as it says on my sheet.

[Tucker Anderson (Legislative Counsel)]: Excellent to know that I am a resident. Good afternoon, Tucker Anderson, legislative council. You should have in front of you draft request number 251019 draft 1.1, which is the draft of the committee's reports repeal bill. The bill is broken out into three major sections. First, those reporting requirements that are being repealed. Second, those reporting requirements that are being extended four years to a reports repeal review in point 30. And finally, those reports that have been deemed so imperative and important that they should be permanently required and are exempted from further review. So we will start on page one. And, what I will do is first note the action that's being taken and I will highlight for you what the report is. If you have specific questions about the substantive underlying material in the reports, I'm happy to come back or bring in an attorney who has worked on this on the past. He can provide you with more context and detail. So in section one, these are reports from the Chief Performance Officer And these are the genuine progress indicators. This was proposed for repeal by this committee. Moving on to page two in section two, this repeals a report from DHR concerning the use of temporary employees. On page three, in section three and moving on to page four, this repeals a report from the Vermont Dairy Promotion Council. Page four, moving into page five in section four, we actually move all the way into page six and seven. This is a report on the performance of agencies under the Clean Water Act. Section five, this repeals an annual report from the technical advisory committee concerning potable water supply and wastewater permits that are issued under that chapter in title 10. On page eight, in section six, this repeals an annual report by the state education board. This is their annual report. In section seven on page nine, this repeals the pre k report from DCF and the Department of Education, or excuse me, Agency of Education. Page 10, section eight. This strikes the requirement that the attorney general send a report to the general assembly containing, prescription drug cost data. That data will still be reported to the Green Mountain Care Board and posted on the websites of the Green Mountain Care Board and the Attorney General. It will just no longer be a legislative report. Page 11, section nine. This repeals a report from the Department of Corrections concerning community placements. And for background, that is offender reintegration reports. Section 10 on the same page. This repeals reports from DCF and the Department of Mental Health on the coordinated system of care. Page 12, section 11. This repeals a report that was required by a 2010 piece of session law concerning the Vermont crime victim or excuse me, Vermont crime information centers, capital improvements, which for some reason was required to be an annual report in the language of that budget bill. All right, now we're going to move into listed repeals. These are sections of law that are being repealed in their entirety or subsections that are being repealed in their entirety. And I'll go through the list because there's detail about each report in the list. Okay. First, four VSA section 40, judiciary report on the use of temporary employees. Six VSA 4,825, a report concerning activities in support of water quality financial and technical assistance. 2007 Act to number 65, section one twelve a subdivision b two a a report on the utilization of services and expense expenses under choices for care. 2008 Act 192, Section 5.221, Subsection B, Report on the Use of Appropriations for Household Weatherization. 2011, act 59, section 11, report on superior court public records cases. That was a recommendation from this committee for repeal. 2012, act one thirteen, section three, report on genuine progress indicator. This is separate from the GPI repeal that I noted earlier. 2015 act 58 secondtion c one zero six Vermont Health Connect monthly reports. 2014 act one seventy nine secondtion e 100.5 sub G, a report on resources made available from the Vermont Enterprise Fund. We're on page fourteen, twenty fourteen Act 195, sections three sub F and four sub D. Two different reports being repealed here. These are reports that evaluate goals and performance of pretrial services and then in that section four, pre charge programs. '20 13 Act 68, Section three, a report on concussions suffered by student athletes. 2018 Act 119, Section eight reports on various licenses issued to service members and veterans. If you remember, there were four different categories. The general assembly was supposed to be receiving reports from four different agencies concerning those licenses and permits. They're all revealed. Right, 2018 Act 174, Section one, Subdivision C2. Auditor reports that are filed if a privatization contract has not achieved the required cost savings or complied with required performance measures. This was a contingent reporting requirement, that was enduring in time and recommended for appeal. 2019 act 79, section 10 sub b report on the status of the Broadband Innovation Grant Program.

[Chair Matthew Birong]: Any questions from the committee at that point?

[Tucker Anderson (Legislative Counsel)]: Under the reader assistant setting for the extension until 2030 review.

[Chair Matthew Birong]: Second. Rep Hooper, was that a session?

[Rep. Robert Hooper]: Yeah. Again, the function of this previous section is to reduce or eliminate the reporting to us, not eliminate the need for the report.

[Tucker Anderson (Legislative Counsel)]: It eliminates the reporting requirement. It doesn't eliminate the collection of any of the data or information. And it also does not restrain the general assembly or the committees from asking for this information in the future. So you can always request that the agencies provide this information directly without having an enduring reporting requirement.

[Rep. Robert Hooper]: Well, one on page 13 twelve-one, Last year we tried to get information in the judiciary on how much? What are you about? Page 13, section 12 number one, first one. The judiciary? The judiciary report on temporary employees. I remember the judiciary person sitting here was asking her about us being me, their use of temporaries, and they said you know we're not using temporaries at this point, I know, but the newspaper article said they were using all kinds of temporaries. I don't think we've ever gotten a straight answer out of them, and I don't know that I remember this necessarily seeing this report, but I don't think we should take it off the list if we're having it. This is a matter of statute, right? The number of not the report, but the number of employees that are being used in a temporary capacity and their duration is something that's in contract and statute, I think.

[Tucker Anderson (Legislative Counsel)]: Not in my bailiwick, so I'd have to check with Sophie's at Addison to find out if that's true, that it is in fact set in statute a cap on the number of temporary employees that may be raised.

[Chair Matthew Birong]: So, raise five. Okay. I guess we should double check on that one and it would be could there also possibly be like a duplicative report. Possibly. Yeah.

[Tucker Anderson (Legislative Counsel)]: Alright. Under the extension, I'll work through these. So these are kicked out till 2030. Subdivision one, a report on racial disparities in the criminal and juvenile justice system advisory panel. Their report and recommendations. State ethics commission reports concerning complaints, guidance, training, recommendations, moving into page 15. Sub three, VIDA report concerning broadband expansion loan per program activities, rural economic development initiative reports, ANR reports concerning income generated through lease of mountaintop communication sites. The Defender General's Annual Report. Sub seven, public safety report concerning sex offender registry compliance. The EMS advisory committee report concerning progress toward goals of the five year plan.

[Rep. Lisa Hango (Vice Chair)]: Representing? Having just read this report, Tucker, did that recommendation come from us or did it come from the health care committee? Do you recall?

[Tucker Anderson (Legislative Counsel)]: I will have to go back and check about where that came from. Looking at all of the sheets I received except for yours were delivered physical copies. So I have to go back and take a look

[Rep. Lisa Hango (Vice Chair)]: at the surveys. You. I'm curious whether we advised to I mean, maybe Rep. Nugent has the answer to that.

[Tucker Anderson (Legislative Counsel)]: And to clarify, in order for a report to be in this section or in the next section that deals with a permanent requirement for a report, the committee had a committee had to respond asking for that.

[Rep. Lisa Hango (Vice Chair)]: Oh.

[Tucker Anderson (Legislative Counsel)]: Because the default is repeal. Okay. I'm good with this because the advisory committee is only tasked with meeting like another two or so years. So this is good. This is within the four year time frame. I'm good. Thank you. You do not have to research this. Okay. Thank you. In Subdivision 9, the VCJC report concerning fair and impartial policies and training. Subdivision 10, public safety report on drone use. Subdivision 11, the quadrennial analysis of recommendations and conclusions of the tax increment financing capacity study and report. Quadrennial? Every four years. Every four years. Every four years. And this involves, JFO as part of the review. Gotcha. Subdivision 12, BGS Property Management Revolving Fund Annual Report. Finally, in subdivision 13, BEPC report concerning the Vermont Employment Growth Incentive Program. So the BEPC report on veggies.

[Rep. Robert Hooper]: Okay.

[Tucker Anderson (Legislative Counsel)]: We are now gonna get into those reports that are exempted and will be permanently required and I'll give you as much background as I can on what is happening in each of these sections. Section 14, this adds a new subsection D to three VSA 3,902. This is the statute that creates and governs the office of economic opportunity. This report is required by session law and the house committee on appropriations asked for this to be permanently required. It has to live in statute if it's going to be permanently required and not just sit aloof and out there in session law. So here it is. The Office of Economic Opportunity, as part of their budget testimony, shall report on appropriations utilizing existing resources within state government available in the office's weatherization data management system. Okay, and then all the criteria that follow are data points that are required to be reported to those. Page 17 in section 15. We clearly have some cleanup to do here. In section 15 for VSA section 40, this is a report on temporary employees from the judiciary, specifically from the court administrator. So there you go, made permanent under this section. And we'll do some cleanup to make sure that we haven't repealed and permanently required.

[Chair Matthew Birong]: So that's a two step process.

[Rep. Lisa Hango (Vice Chair)]: And that answers Rutland's Great.

[Rep. Robert Hooper]: I had a question on number four too. You might get to us.

[Tucker Anderson (Legislative Counsel)]: Okay. In section 16, this is also within the court statutes. This requires permanently a report, from the retention committee to the general assembly on its recommendation whether candidates should continue to stay in office, initial retention. Section 17 in title six, the Vermont Farm and Forest Viability Program permanently requires a report that is due to the Senate Committees on Ag and Economic Development and the House Committees on Ag and Commerce and Development concerning the Forest Viability Program. In section 18, still in title six, these are, annual reports due from the secretary of HAC. Okay. On page 19 in section 19, the treasurer's local investment advisory committee did some cleanup to the name of this committee and statute and then permanently required that advisory committee report. Section 20, we're entitled 10. The Vermont training program permanently requires the report concerning that program that is due to house commerce, senate commerce. Page 20 and section 21, still some cleanup to do. Permanently requires a report concerning the income from the lease of mountaintop communication sites. And this will now only be due to Senate Natural Resources and House Energy and Digital Infrastructure. Noting a technical correction in that spot is for myself. Section 22, still in title 10. Reports to the general assembly concerning petitions or facilities that are governed by a chapter that I'll have to look up later, But it will be in the survey list that I sent to the committee. Okay. In section 23, we're entitled 32, the retirement funds integrity report permanently required. Section 24, permanently requires an annual report on special funds created in the prior year. Last section is the effective date. Have a little technical cleanup to do for the committee. If there are any questions that I can answer now, I'm happy to do so.

[Chair Matthew Birong]: Rep Hooper, then Hango.

[Rep. Robert Hooper]: So two, I think, in the perception 12 for the Saraxiologist report on privatization contracts on section

[Chair Matthew Birong]: was it section that section 12 or page 12?

[Rep. Robert Hooper]: It's back in the original page 13, I think.

[Chair Matthew Birong]: Page 13? After the

[Tucker Anderson (Legislative Counsel)]: Yields. Section 12. It will be subdivision 12 in section 12 on page 14, line seven. Thank you, sir. 2018 act one seventy four, section one subdivision c two.

[Rep. Robert Hooper]: Yes. So that now is required to

[Tucker Anderson (Legislative Counsel)]: why? The report is sent to the general assembly, and it is contingent on a finding that the privatization contract has not achieved the required cost savings.

[Rep. Robert Hooper]: So, implicit in that is a directive that the auditor is doing that kind

[Tucker Anderson (Legislative Counsel)]: of comparison on an annual basis? Right. Part of a separate program and review conducted by the author.

[Rep. Robert Hooper]: And, there was another, but until I find it, somebody else can go. Representing?

[Rep. Lisa Hango (Vice Chair)]: My question was the ones that are permanently in statute now or that are in its health permanently in statute, do we have that option for any other reports that we reviewed? Yes. I am sorry, I

[Tucker Anderson (Legislative Counsel)]: there are a few in there that were checked off as being so important that they

[Rep. Lisa Hango (Vice Chair)]: Okay, thank you. That was something that just went right by me, or I don't remember that it was an option.

[Rep. Robert Hooper]: So my second one was the report about the mountaintop towers goes to not to budget, not to?

[Tucker Anderson (Legislative Counsel)]: So money that's coming in Under reported this Even under current statute, it goes to the natural resources and entities in the House and Senate.

[Rep. Chea Waters Evans (Ranking Member)]: Revenue. As far as process goes now, does this bill go to the other committees that have reports on here so they can double check it as well or is my advisor?

[Tucker Anderson (Legislative Counsel)]: Goes to the floor, And that's their opportunity to take a look and determine whether they want to ask for possession or just let it fly.

[Rep. Lisa Hango (Vice Chair)]: So,

[Chair Matthew Birong]: many notices were sent. Homework was remitted by some, if not most. So, there was no shortage of communication to committees or jurisdiction throughout this process, this started last year.

[Rep. Chea Waters Evans (Ranking Member)]: We did our due diligence.

[Chair Matthew Birong]: Anything else for council on this one? So sounds like just tightening up some of the language here, and then we'll be able to review a final next week?

[Tucker Anderson (Legislative Counsel)]: Yes. So making sure that all of the sections conform with each other and that we're not refueling something that is also being permanently wired. Understood.

[Chair Matthew Birong]: Alright. Well, first of all, thank you so much to counsel for this legwork. I know that this was a tremendous amount of workload getting this organized. I wanna say that out loud and on the record. Thank you. And it's nice to see this long standing project that has not been attended to for multiple biennium being attended to. So, you know, as I stated in the past with this, this is very much in our government accountability, vain and focus. This one, was not in glitzy, but by cleaning up old reports or figuring out the ones that should remain or not remain is is vitally important. So good work, everyone, and we'll get this thing tightened up

[Tucker Anderson (Legislative Counsel)]: and out the door very soon.

[Chair Matthew Birong]: And with that, we our next scheduled order of business is January, which is page five fourteen procedures governing the change of a minor's legal name, and as an introduction walkthrough and a little witness testimony, that will be our final order of business for the week. So until ten minutes from now, we will go offline.