Monday April 26, 2010

After a week away I returned Friday to find the Senate on the floor debating tax policy; so the schedule for the Senate Judiciary Committee was cancelled once again. The Senate will be in session this afternoon with the budget up for action. There is no committee work scheduled until Thursday morning when the Judiciary Committee hopes to complete work on H. 470. Obviously, much is happening outside of formal committee meetings. There is no way the committee can resolve the issues without that happening. Even though I was in DC, here is what was related to me from last week’s one committee hearing. I’m told that the counties will pay the compensation for side judges to sit with a presiding judge in the civil and family divisions. Also, I’m told they have agreed to a two hour minimum in place of the four hour minimum that now exists. What that means is that when side judge sits, no matter for what length of time, they earn four hour minimum pay (at about $145/day). That will now be replaced with a two hour minimum. The other problem area, as I’ve written about before, is the small claims fees presently retained by the counties. Last year’s total was about $722,000. The committee chair, Dick Sears, discovered that Addison and Caledonia Counties collect $45,000 and $30,000 respectively even though the county courts are in state owned building for which the judiciary pays Buildings and general Services a fee for space. The senate version of H. 470 will redirect that money to the state’s general fund. So the balance, about $650,000, should go to the state as per the house version of the bill. This is part of the calculation that makes the integration of county paid staff into state paid staff work. But the senate committee sees that money continuing to be paid to the counties as fee for space for the state courts (divisions) to be housed in county owned courthouses. I understand there is agreement to split those fees 50-50, state and county. According to Court Administrator Bob Greemore, the judiciary can make this work in FY11. The problem is pushed out a year into FY12 and beyond. I don’t have any update on the probate court piece of this unfortunately. The committee remains dedicated to retaining 14 probate judges. In understand that the association of probate judges’ salary proposal didn’t fly with the committee; so I guess that is still very much up in the air. So procedurally where are we? Assuming the bill gets done on Thursday, it then needs to get on the calendar; pass the senate; return to the house where they will refuse to concur; and both chambers will need to appoint a committee of conference to work out disagreements and write the final legislation. And there are only two weeks left! I’ll post something on Thursday afternoon.
H. 590, foreclosure mediation, has passed second reading in the senate on Friday without objection and should get final approval this afternoon. It will also need a conference committee to work out differences between the two versions. I expect, S. 263, the benefit corporation bill to come out of House Commerce tomorrow morning. S. 173, the technical correction to last year’s Vermont Trust Code is on its way to passage with no issues.
Stayed tuned for the final updates of the session (I hope!). Thanks for reading.