Legislative
Update
Rep.
Anne Donahue
Jan.
14, 2024
It
legalizes the operation of facilities where people can bring illegal drugs to
be used under the supervision of health professionals. The purpose is for the
ability to have an overdose addressed rapidly.
Only
one other state has passed such a law, and its own center has not yet opened.
Several are operating in Canada. Our Health Commissioner testified in my
committee that the research was insufficient to establish that they are a
benefit: we’re putting passengers on a plane that is still under construction.
My
greatest fear is that it will cost us more lives than it will save. The public
messaging is that there are “safe” (and legal) ways to use drugs. After all,
the state is creating the funding for them. How many more people will feel less afraid to try
highly addictive substances? We don’t know. Both Rep. Ken Goslant and I voted
“no.”
There
was a bright side to the 2-day debate. Those who opposed the bill identified
some serious gaps. Those who supported the bill could have passed it “as is” because
they represent a (veto-proof) super-majority, but were willing to listen and
accept amendments to strengthen protections. One of our Independent members
commented on the floor the next day about how refreshing it was to see
collaboration, despite disagreement.
As
a result, the bill added the requirement that local community leaders must vote
to allow a center before it opens there, and that strengthen requirements for
the staffing of such sites. The bill did require development of operating
guidelines that a center must meet to receive approval to open. But once
approved, there was nothing that required ongoing compliance with the
guidelines. I drafted an amendment that would terminate the legal immunity of a
center if it fails to meet good faith compliance, and that was also accepted.
Left
unresolved was the concern about the lack of any age restrictions or special
guardrails when a minor comes to a center to use drugs. The bill now goes to
the Senate.
***
In
what feels like a radically inconsistent direction, my committee is working on
a Senate bill that would make all flavored tobacco products (cigarettes and
vapes, and including menthol flavors) illegal to sell in Vermont. The purpose
is to protect youth, who have latched on to the appealing vape products despite
the fact that it is already illegal to sell to minors.
We
would, in effect, shift from a “tax and regulate” system for the products into
a prohibition: an exact opposite of the successful lobbying just a few years
ago to change from prohibition to “tax and regulate” to permit adult choices to
use cannabis. The slogan then was, “prohibition doesn’t work.”
While
alcohol is highly regulated, we also recently began permitting single-serving
products to be sold at any store. Ergo, the new market in convenience stores
for appealing, flavored alcoholic beverages right by the check-out… while
tobacco must be inaccessible except by a clerk.
Tobacco
kills in huge numbers, over time. Drugs are taking lives all over the state
through immediate overdoses. But alcohol misuse has never changed in its level
of serious harm. There is a strong parallel to the issue of prohibition versus
regulated adult use versus protection against youth addiction for all of these
mind-altering substances.
I
agree on how crucial it is to prevent the targeting of youth for these
enticingly flavored tobacco products (“cotton candy,” is one), likely resulting
in lifelong nicotine addictions. But given existing gaps in protection
regarding cannabis and alcohol targeted to enticing young users, I will be
struggling with whether I can get on board with this bill unless we also
address some of those gaps in other adult use substances.
***
It
was great to see Rep. Ken Goslant’s bill to address one of the (many)
unintended consequences of our efforts to remove adult criminal processes for those
teens who need stronger guidance rather than punitive measures. Our state’s
attorney has told us that high-level drug dealers are now focusing on
recruiting help from teens, since they will be sanctioned less severely if
caught dealing. Ken’s bill would make it a specific crime to “employ, hire,
use, persuade, induce, entice, or coerce a minor” to sell drugs. It’s one of
many efforts this year to respond to a plethora of unintended consequences
being seen from a variety of laws passed over the past several years that are
helping to drive increases in crime rates.
***
The
legislature and the administration continue to struggle with addressing how to
restructure the ways we help protect Vermonters who lose housing during this
time of a severe housing shortage. Increased efforts over the past six months
have reduced by almost half the number of existing households living in state-funded
emergency hotel rooms, but new needs have continued to grow.
We
know some of the hotels exploited the COVID crisis since the state had its back
against a wall, but our committee heard one budget figure last week that was
shocking. Many of them have been charging the state a rate that is much higher
than the standard rate for anyone else walking in the door, an average of $132
per night. At the same time, they don’t include the amenities you or I would
get if we were paying a lower rate: room cleaning, breakfast buffets, etc. –
and the higher cost includes none of the social service supports these folks
need to stabilize their lives.
By
aggressively clamping down on this, funds can be freed up to transition to
shelter programs that offer direct assistance to people in moving out of the
emergency system more rapidly. My committee will also be beginning work on a
bill to reform the entire “general assistance” program for housing.
***
I
was thrilled to hear a new report from our off-session Government
Accountability Committee, because its recommendations tackle some issues that
have frustrated me for years. A few examples:
Every
year, with complicated issues that we can’t address in the short time
available, we direct that the administration to prepare an in-depth report, or
we create a study committee of legislators to work off-session to take
testimony and recommend next steps. (Or some combination of those.) All too
many times, these reports never even get read, let alone acted upon. New issues
take over a committee’s time, and the level of interest in last year’s issues
has dropped.
Another
example: We pass laws that the administration is supposed to implement. But
does it always actually happen? We don’t follow up to find out; there is no
tracking mechanism in place (unless we asked for another of those reports that
take resources to write and that don’t get read…) And when we draft new laws,
do we actually look into the history of what was done before? Often, not.
Then,
there is the budget. Every year, instead of discussing all of the funding of
all of the state’s programs, the focus is almost exclusively on what are termed
the “ups and downs.” Where is the governor proposing increases, and where is
the governor proposing cuts; do we agree or do we want different priorities
funded? The big picture is simply too big to review… but we need to create a
better overview mechanism if we are going to be accountable to Vermonters for
how their taxes are spent.
You
can see the full report online at
legislature.vermont.gov/assets/Legislative-Reports/SGAC-Report-Final-2023.12.13.pdf.
Hopefully, we as the legislature will also pay attention to reading and
implementing items in this report.
***
My
bill requiring prominent notice to those renting a lot for a mobile home if it
has a known flooding risk has been reviewed by the Housing Committee and will
likely be addressed as part of a package of flood-related bills. The bill I
introduced about businesses maintaining cash options for customers will be
reviewed in the Commerce Committee next week.
What
I am most pleased about, however, is that the issue of seniors who go onto
Medicare and lose significant financial support for their health care as a
result (the opposite of what we assume and would want!) has become a priority
in the Health Care Committee, with testimony beginning next week. I introduced
a bill on this last year, co-sponsored by a Democratic colleague to show
bipartisan support, and it has gained significant momentum.
***
Thank
you for the honor of representing you. Please be in touch with me (adonahue@leg.state.vt.us) or Rep. Goslant
(kgoslant@leg.state.vt.us) at any time. You
can access all of my legislative updates at
representativeannedonahue.blogspot.com.
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