Wednesday January 22, 2014

I’ve been camped out in the House Judiciary for the last two days following discussions on S. 119, amending perpetual conservation easements and H. 88, the PR&R bill I wrote about last week. The committee took some preliminary testimony from Darby Bradley on 119 with the chair commenting on the length of the bill and searching for the reason why it is necessary. Darby told the committee there are rules on amending easements in current law and there exists some uncertainty with the IRS re: donated or charitable deduction parcels. He is hoping to create a system people can have confidence in, comprehensive enough to satisfy IRS concerns that Vermont’s system protects state and federal interests. This bill has a long way to go on the house side even though it already passed the senate last year. There are fees and appropriations in the bill that require review by at least two other house committee before it can hit the floor.

Yesterday afternoon and this morning the committee focused on H. 88. As I reported last week there remain substantial questions about the bill although the committee seems to be coming together on a final product. All I can give you now is the lsit of questions that are still being asked. I expect the next draft will contain a statement of purpose saying that the bill is meant to protect a victim from continued contact and or harassment from her abuser. The issue of whether the bill should apply to statutory rape is still an open one but, given the discretion of the court, I expect it will read “sexual assault” and not be limited to violent acts. The same logic would then apply to the gender issue which sits just below the surface. There is still an issue of how w hearing is to be conducted. We do know that it will be held in the family division but today there was a suggestion that, upon conviction in the criminal division, a victim could move that court to issue the order. I’m not sure where the judiciary would be on both these options.

Yesterday I notified the Property Law Section of two bills that would create a de minimus exemption to the licensed lender law requirements. Those bills are H. 594 and H. 639. Some of you may have an interest in H. 642 which would eliminate jury trials on traffic ticket appeals.

Check out H. 586 here: http://www.leg.state.vt.us/docs/2014/bills/Intro/H-586.pdf

From the summary of the Bill

 Beginning January 1, 2015, the Secretary of Natural Resources would be required to permit discharges of regulated stormwater runoff from the development redevelopment, or expansion of impervious surface equal to or greater than one-half acre.

That is going to significantly expand the jurisdiction as well as the permit issues.  There are a lot of residential lots that are ½ acre.  Looks like it is going to be by rule, see Page 22-23 of the as proposed bill.

This is the best part though – a statewide fee:

§ 1293. WATER RESOURCES PRESERVATION FEE

 (a)(1) The Secretary shall establish by rule a fee, known as the Water

 Resources Preservation fee, on all developed property in the State for the

 support of the Water Resources Preservation Program and its purposes as set

forth under section 1292 of this title. Property exempt from taxation under

32 V.S.A. § 3802, 32 V.S.A. chapter 135, or by municipal vote shall not be exempt from assessment of the fee under this section. The fee on developed property shall be assessed in proportion to the property’s area of impervious surface, provided that the Secretary may establish a default fee for residential developed property based on the average estimated 1 horizontal impervious surface area for a single-family residential unit in Vermont. The default fee for residential developed property shall not exceed $50.00 per year per parcel of property.

I’m heading back up to committee shortly where I expect the judiciary will be asking to make the temporary surcharge on filing fees permanent. That surcharge, as you may recall, was added after restructuring in 2010, effective (I believe February 1, 2011). That fee is set to sunset on June 30^th unless re-enacted. More on this after today.

Thanks for reading.