Monday, April 19, 2010

Monday, April 19, 2010

Well, last Friday turned out differently than planned; what else is new. The Senate Judiciary Committee got off to a late start due to an extended session in floor debate. That’s going to continue to happen as the session winds down. The “big” bills, those that must pass before adjournment, are all in the Senate- the appropriations bill; the capital bill; the transportation bill; challenges for change; and, judicial restructuring. True the last isn’t a “must pass” bill but I’m adding it here as I think it has gotten so much attention that I don’t think the Senate can leave it on the table. So, because the committee got that late start they were not able to get to foreclosure mediation (H.590). They have set aside Tuesday and Wednesday mornings to complete work on the bill. That leaves Thursday and Friday to finish H.470, restructuring. I’m pretty sure this will be the last week of morning committees so this is it; now or never. In fact, Committee Chair Dick Sears, also a member of the Appropriations Committee, will not be able to attend the Tuesday and Wednesday meetings as appropriations will be meeting all day.
So what did they accomplish during the time they had on Friday to work on H. 470? The answer is not much. Caledonia County Probate Judge Toby Balivet did testify but spoke about the weighted caseload study and its effect on judge salaries. It wasn’t what the Chair or the committee was expecting. They were hoping for a concession on the part of the probate judges on a salary structure that would tie compensation to caseload. They didn’t get that. This is all part of what the Chair calls his “win-win” strategy. He wants to retain 14 probate judges; he wants a more realistic salary structure; and he wants to see savings in the judicial budget. He did concede that 14 may not be possible; he is open to 12.
There are other things in the works, at least at the talking stage. There may be a deal to bill counties for side judges sitting with a presiding judge in the civil and family divisions. (I was about to write “superior and family courts” but I guess it’s time to think of those courts as divisions. I hope I’m not getting too far ahead here!). The Chair did some research and saw that two counties- Addison and Caledonia house their superior courts in state owned buildings. So, he wants to recover the small claims fees paid to those counties as “fee for space”. It could be said that those counties have been double dipping. The small claims fees are key to resolving this bill. Last year they totaled $722,000. The counties want to continue to receive that money (less about $75,000 paid to those counties mentioned above). But what makes the unification of county employees into the state system work is redirecting that money to the state to offset the increased payroll costs. That, taken along with probably 20 to 30 positions that the court administrator will eliminate, are the sine qua non of the H. 470 and the Commission on Judicial Operation. Don’t read that to say that 20 to 30 people will be fired. There are lots of vacancies in the system now, as I’m sure those of you in court have experienced. Eliminating those positions, combining others, and incentivizing early retirements can reach the goals the court administrator has set.
The probate judges’ association mentioned the possibility of raising adoption fees to contribute in a small way to the savings needed. The fee is currently $75 and the proposal is to raise it to $125. That didn’t seem to garner any support in committee. The Senate as a whole has advanced the fee bill (H.759) which contains new and revised probate fees; there are 5. Guardianships for minors will increase from $35 to $85; for adults from $50 to $100. Name change petitions will go from $75 to $125. And two new fees will be added: a petition for a partial decree will cost $100 while a petition for a license to sell real estate will cost $50. Finally, the committee will add S. 279, the non unanimous jury verdict bill as it passed the Senate, as an amendment to H. 470. The house has not taken up the bill so the stage is being set for the conference committee showdown.
Because the House spent most of the day on the floor debating challenges for change for the second day, the Commerce Committee hearing scheduled for 1 PM on S. 263, the Vermont Benefit Corporations Act, did not happen. But the Senate Finance Committee did complete work on H. 689, UCIOA. It appears on today’s Senate Notice Calendar. It was not amended by the committee so it should go to the governor for signing upon Senate passage.
So, as I mentioned above, the focus remains on the Senate Judiciary Committee on two bills: H. 590 and H. 470. Unfortunately I will be out of state until Friday and will miss discussion until then. I will stay in touch with what is happening and may be able to post a quick update if needed. As always thanks for reading.

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