Monthly Archives: April 2021

Bangs and Whimpers

The Senate Judiciary Committee did it again Friday morning. After having put up a royal fuss about a bill that passed easily in the House, members quickly folded their tents and moved the bill along with maybe a change or two.

This time it was H.225, the bill to decriminalize possession of small amounts of buprenorphine. The House had passed it overwhelmingly, but its fate in the Senate seemed uncertain. Now, suddenly, it looks like clear sailing.

The committee didn’t take a formal vote, because technically the bill is in the purview of the Rules Committee. But all five Judiciary members indicated support for H.225 with the addition of a two-year sunset provision. The bill would take effect upon passage and expire on July 1, 2023. Sens. Dick Sears and Joe Benning insisted on the sunset, because they have concerns about how the bill would work in real life.

Which is a bit absurd. The Legislature is always free to revisit any law that isn’t working as intended.

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Where Are the Real People?

Two Senate committees, Judiciary and Health & Welfare, held a joint hearing Thursday morning about H.225, the “bupe bill.” It would legalize small quantities of buprenorphine, an opioid that’s often used as a substitute for, or a path away from, more dangerous street opiates. It passed the House by a lopsided 126-to-19 margin.

The fact that the hearing happened at all was a positive development. Last we heard, the bill was stuck in Senate purgatory with leadership wondering if they had time to properly consider it. The shape and substance of the hearing seems to indicate that the Senate will act on the bill. (The two-part hearing can be viewed here and here on YouTube.)

For one thing, the two committees met jointly. That’s not something they do very often. For another, they heard from a broad spectrum of witnesses — and Judiciary has set aside time Friday morning for committee discussion. By legislative committee standards, this is warp speed. (Also, Judiciary seems to be offended, but effectively chastened, by unfavorable media coverage of its obstreperousness, including multiple rants in this space. Suddenly the committee is expediting a number of bills that passed the House by huge margins.)

The witness list leaned heavily toward representatives of the justice system. Otherwise there was one UVM doctor, two Scott administration officials, two people who deal professionally with substance use disorder treatment; and former candidate for governor and lieutenant governor Brenda Siegel, the only witness on the docket without some sort of official imprimatur.

To me, there were two striking things about this hearing. First, the witness list was short on people with actual experience with substance use disorder and recovery. Second, there was a nearly complete lack of “real people,” i.e. non-credentialed members of the public.

This is standard operating procedure for legislative hearings. They tend to feature a relative handful of lobbyists, advocates, public officials and the like. And I think this is a serious problem for the lawmaking process.

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We’ve Been Shortchanging Female Inmates for a Long Time

I don’t normally tune into a legislative committee hearing to get a history lesson. But that’s what I got Wednesday afternoon. It was a tough one to take.

Vermont’s women’s prison, d/b/a Chittenden Regional Correctional Facility, is in really bad shape. It’s old, and was never designed to be a full-scale prison. It’s unsanitary and inadequate for inmates’ needs.

I knew that. What I didn’t know until today is that the CRCF has been that way since it first opened as a women’s prison back in 2011. The Shumlin administration moved female inmates into the already-aging facility knowing full well that it wasn’t up to par.

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New Jockey, Same Ride

Belated best wishes and condolences to Claire Cummings, the new executive director of the Vermont Democratic Party. I trust she has an idea of what she’s walking into, since she worked on the VDP’s 2020 campaign.

You know how it seems like a certain storefront or commercial building seems to be cursed? One business after another opens up, gives it a shot, and then vanishes? Well, that’s the leadership of the Vermont Democratic Party.

Cummings is the fourth person to hold the job in less than four years — and the fifth, if you count then-party chair Terje Anderson’s unfortunate tenure as interim ED in 2019. (The five, in chronological order: Conor Casey, Josh Massey, Terje Anderson, Scott McNeil, and now Cummings.) The VDP has also seen chronic turnover in staff positions. The “senior” staff member is Spencer Dole, who was hired in February 2019.

Party chair has also been a revolving door of late as well. The VDP is on its fourth chair in five years. (Dottie Deans, Faisal Gill, Anderson and current occupant Bruce Olsson.)

The casual observer might expect the VDP to be a powerhouse, given the party’s dominance in state politics. But no. If anything, it’s fat, lazy and stuck in a rut. You hear a lot of talk about energizing the VDP, winning back the governorship, and opening the door to young Democrats and BIPOC Vermonters. But when it comes time to put words into action, it’s pretty much the same ol’, same ol’.

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Our Very Own Joe Manchin

You kids get off my lawn!

West Virginia’s occasionally Democratic Senator Joe Manchin gets a lot of grief in liberal circles because of his fondness for the filibuster. And yes, he’s a roadblock. But it says here that our very own liberal lion, Pat Leahy, isn’t materially different from Manchin.

Leahy is one of a number of Democratic senators who’ve been maddeningly opaque on the filibuster. It takes some doing to find any public statement by Leahy on the subject. The most recent one I could find was from way back in mid-November in the Washington Post:

“I agree with Thomas Jefferson [who] said, you know, it’s the saucer where things cool,” Leahy responded. “What I want to do though is see us come back to voting on things.”

This quote is taken from Vote Save America’s rundown of each senator’s known position on the filibuster. And it’s pretty damn close to an endorsement of the filibuster.

But hey, that was months ago, and maybe his tune has changed in the face of Republican obstructionism. So I wrote to David Carle, Leahy’s comms guy, and asked him for the Senator’s present position. This is what I got in return.

He continues to discuss this with other senators, and there’s a lot of that going on.

Gee, thanks.

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Welp, Looks Like I Closed Out the Veepies a Bit Too Soon

Break out the tiny violins for Senate Judiciary Committee chair Dick Sears, who’s just getting run ragged because the House has passsed sooooo many law and justice related bills.

After just a few minutes of discussion around the best language to use to redefine consent in Vermont, Sen. Dick Sears, D-Bennington, trailed off mid-sentence, “to be honest with you, I’m fried,” he said.

My first reaction was “Aww, poor baby.” But given the quality of Judiciary’s work lately, it might be best if they simply shut down for the year. The panel’s recent actions have made them worthy of The Kids in the Hall Award for Best Ensemble Performance in a Comedy Series.

Sears’ comment was reported by VTDigger’s Ellie French on Friday evening, shortly after I’d closed the books on the first ever Veepie Awards for Outstanding Stupidity on Public Display. The context was Judiciary’s struggles over H.183, which would enact several steps aimed at better enforcement of sexual violence.

The bill is such a tough nut to crack that the committee is threatening to basically gut it. Sen. Phil Baruth complained that “It’s not unusual for the House to put us in a position where we get things that are controversial or tough to deal with.”

Yeah, it was so controversial that it passed the House on a voice vote. Sheesh.

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The Veepies: Awards for Outstanding Stupidity on Public Display

People occasionally ask me how I keep coming up with ideas. My answer is, there are always far more ideas than I can actually cover. This week, there were a few that I just couldn’t get to, but they seem worthy of note in short form. So, the first-ever Veepie Awards. Possibly a continuing series, but no promises. Or threats. The envelope, please…

Most Desperate Pushback Against Negative News Coverage. The winner is the Vermont Department of Corrections, which was on the bad end of a New York Times article outlining the toll of its Covid policies. In order to prevent outbreaks (at least a couple halppened anyway), DOC locked away exposed inmates in solitary confinement, the most extreme form of incarceration.

For weeks at a time… inmates were locked in 8½-by-10-foot cells in near-total isolation. They ate meals a few feet from their toilets, had no visitors, and spent as little as 10 minutes a day outside cells.

The strategy made the Vermont prison system one of the safest for contracting Covid, which is a dispiritingly low bar. But the cost, as the Times put it, has taken “a heavy toll on many inmates’ mental health, and driven some to psychological despair.”

And at least one to suicide. But hey, no Covid deaths!

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Senate Looms Over Bupe Bill, Pillow in Hand

Funny thing happened when H.225, the bill to decriminalize possession of single doses of buprenorphine, moved over to the Senate after passing the House by a lopsided 126-19 margin. For those just tuning in, buprenorphine is a prescription opioid that can be used instead of riskier street drugs. Vermont’s death toll from overdoses has been climbing for years, and the decrim bill could save a lot of lives.

The bill reached the Senate on April 14. It was referred, not to the Health Care or Judiciary committees, but to the Rules Committee. It has languished there ever since, as the days in this session dwindle down to a precious few. (Legislative leaders are aiming for adjournment in mid-May which, despite the snow, is only three weeks away.)

And the Rules Committee has no meetings on its schedule.

This looks for all the world like a stalling tactic, as if leadership has decided (for whatever reason) to prevent the bill from reaching the Senate floor. And maybe that’s what it is, although Senate President Pro Tem Becca Balint says otherwise. Sort of.

“I’ve been meeting with the Chairs of Judiciary and Health & Welfare to try to find a path forward for this bill given the late date that it came over from the House. We did not want to vote it out of Rules until we had a sense of how long testimony and due diligence would take. Health & Welfare and Judiciary are planning a joint hearing on the bill this coming week. We know we are in the midst of a horrible surge in opioid-related deaths and we want to take all measures to help address this emergency. The Chairs want to be certain that this bill will have that impact.”

That’s a written statement received Thursday afternoon in response to my inquiry. Let’s take a closer look, and then invite an expert to make the case for immediate passage of H.225.

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Point of Personal Privilege, Insurance Scams Edition

There’s one thing they’re not telling you…

Seventeen years ago, my spouse and I bought long-term care insurance. We were just about AARP-qualified at the time, and we were trying to get ahead of the age-related increases outlined above. The earlier you buy a plan, the cheaper it is. (Spouse is five years younger than I, so his rate was substantially lower than mine.)

The premiums have remained constant ever since. Until now.

Sticker shock!

My carrier is seeking to raise my rate by 338.6%. Three hundred and thirty-eight point six percent! Kind of defeats the purpose of buying early, doesn’t it? If our carrier can jack rates through the roof when we get older, the only thing we accomplished by buying early is donating tens of thousands of dollars to the company’s shareholders.

The proposed increase is awaiting approval by the Vermont Department of Financial Regulation. I spoke to a very nice lady in the insurance division of DFR, who told me it’s one of the biggest rate hikes she has ever seen — on any kind of insurance.

Last week, my spouse got a rate hike notice.

Of a non-whopping 20%.

The only difference between us, as far as I can see, is that I’m 67 and my spouse is 62.

Looks a lot like age discrimination to me. Or like a carrier winnowing out its high-risk clients through targeted rate hikes.

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Racism in Vermont? We’ve Got the Receipts

From CCRPC’s 2020 ECOS report.

There’s plenty of evidence that Vermont has a racism problem. Stephanie Seguino finds it whenever she sorts traffic stops by race. Home ownership statistics reveal a past and present real estate market riven by racism. Gov. Phil Scott saw enough of a problem that he created the position of Director of Racial Equity. If you prefer evidence of the real-life variety, ask any Vermonter of color.

But this report from the Chittenden County Regional Planning Commission (outlined in this story by VTDigger’s Seamus McAvoy) put together a bunch of appalling facts and figures in one neat little package. There’s nothing new here; it’s just a Balsamic reduction of racist outcomes that explodes on the tongue.

The CCRPC’s annual ECOS report shows that in the liberal bastion of Chittenden County, in the heart of Bernie Sanders country, BIPOC residents do more poorly in school, are less likely to earn a bachelor’s degree, have substantially lower incomes, have been far more likely to contract Covid-19, and tend to hold jobs that put them at high risk for Covid exposure. (It also shows that county schools are failing to meet the needs of immigrant and refugee children. Put a marker there for when we talk about how best to welcome New Americans in the future.)

Systemic forces must be at work. To deny that is like being on a hike and coming across bear tracks, claw marks on trees, a ruined beehive and a big ol’ pile of bear shit, and insisting there ain’t no bears in these woods.

There’s a hell of a lot of bear scat in this report.

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