Legislative Update
Representative Anne Donahue
Thursday, December 4, 2025
December 4, 2025 Legislative Preview
Wednesday, August 13, 2025
August 8, 2025 Special Update on Budget Status
While our state legislature is out-of-session, the House and Senate Joint Fiscal Committee meets regularly to review the budget status. The Vermont legislature meets from Jan-May and therefore will not be in session again until next January.
There is particular concern this year
because of the pending impacts of federal policy and budget changes, given that
Vermont relies on federal funds for more than a third of its total annual state
budget. Because of the uncertainties, legislators are receiving more detailed
updates from our colleagues about the state’s financial status, and I am
sharing, here, the summary we received this week. Note that there are many
documents referenced, and they are available on the Joint Fiscal Office website
if you are interested in a greater level of detail.
Update from Emergency Board and Joint
Fiscal Committee Meetings from Reps. Robin Scheu (D-House Appropriations Chair)
and Jim Harrison (R-House Appropriations Vice-Chair):
E-BOARD
On July 31, the Emergency Board held its
semi-annual meeting to hear and accept the Consensus Revenue Forecast. As a
reminder, by statute, the Emergency Board (four money chairs and the Governor)
meets twice a year, once in July and again in January, to establish the
official consensus revenue forecast that the budget is based upon. The forecast
is developed by the General Assembly’s Economist in collaboration with the
Governor’s Economist.
You can find a copy of our economist’s,
Tom Kavet’s, July 2025 Economic Review and Revenue Forecast Update report on
the featured publication links at ljfo.vermont.gov/
General Fund (GF) revenues for FY27 (the
budget we will be working on next session) are projected to increase by 2.5% or
$61.2 million. The good news is that there wasn’t a downgrade in GF, but the
bad news is that $61.2 million is not sufficient to cover state employee salary
and benefits increases, pension payments, and a myriad of other fixed costs. As
a result, we can probably expect some adjustments to programs and services.
Further, policy changes, some of which are
contradictory to one another, tariff uncertainly, and significant budget
reductions coming out of Washington mean that projections may need to be
revisited, possibly before January.
However, it is unlikely that the General
Assembly will need to be called back into session before January. Many, but not
all, of the programs that are being pared back through the Federal
Reconciliation Bill will not take effect prior to January 2026 so the triggers
we built into the budget for a special session are unlikely to be hit.
Finally, our economists reminded us that
personal income tax is the key driver of our GF revenue. It will be important
to pay attention to job growth, the labor market, and inflation as they are
indicators of which direction future GF revenue may be headed.
JOINT FISCAL COMMITTEE
You can find the July 31 JFC Agenda and
all supporting documents at ljfo.vermont.gov/committees-and-studies/joint-fiscal-committee/meetings/2025-07-31
We heard the usual year-end closeout
updates, the Medicaid Year-end Report, and a review of the consensus revenue
forecast. Some key points:
· We ended FY25 in
solid condition and were able to fully fund all our contingencies in the budget.
· Our reserves are
in very good shape, totaling about $300 million, so we are in a strong
position. We continue to have a high credit rating as well.
· Regardless of the
above, Vermont received over $3.1 billion in federal funds so we will not be
able to backfill all potential losses of federal funds.
We also spent time hearing about several
items related to federal funds changes.
JFO presented an overview of the 2025
Federal Reconciliation Act and how programs such as Medicaid, other health care
programs, and SNAP are affected, as well as revenue and tax changes,
recissions, and other changes. [This is included in the list of supporting
documents on the JFC meeting link, above.]
In addition to some Agency reports, we
heard from three senior staff members from our congressional delegation. It
will be important to keep in close contact with the delegation so we all
understand what is happening both in Vermont and in Washington, DC. Expect more
communication with our delegation in our committees next session.
At the end of this nearly 5-hour meeting,
we made time for public comment so we could hear from community partners
affected by the loss of federal funding. The JFC will be doing something
similar at each of our future meetings this year. The impact on many of our
constituencies may be significant.
In closing, we offer the following points:
· We expect the
upcoming state budget cycle to present a number of challenges that most of us
have not experienced as legislators before, due to uncertainty in the economic
forecast and changes in the federal budget.
· Our goal is to
meet necessary changes to our budget in a bipartisan manner.
· We may need to ask
policy committees to review existing programs to see if there are any that can
be scaled back or may no longer be the priority they once were.
We are all in this together and are
confident we can find a path forward that will minimize harm to Vermonters yet
continue investments in our collective priorities.
Thank you for the honor of representing
you. You can reach me at adonahue@leg.state.vt.gov
or Rep. Ken Goslant at kgoslant@leg.state.vt.gov
For input or questions; we welcome your contacts.
Tuesday, June 17, 2025
June 17, 2025 Legislative Update, Ed Fund bill
The Education funding reform bill passed
after split votes in both House and Senate on Monday, with lots of angst even
among some voting yes. It brought an end to this year’s extended session.
For many years, I’ve believed that “local
control” over education funds has been a façade, given the actual funding
mechanism. I believe that a state obligation for a crucial statewide system
should have funds raised and budgeted at the state level for all students
equally, across the state. Setting a path – a work plan -- for that shift is
the only thing this bill actually does, and I supported it.
Contrary to discussions or opinions:
1.
It does not save money.
It spends more for transition needs, and
could theoretically save money in the future. It could just as theoretically
spend more. The difference will be that it will be in the hands of the
legislature, accountable to voters, instead of in the hands of individual towns’
votes combining into a statewide fund imposed on all. Statewide fund, thus
state budgeted spending… like roads, social services, court systems and the
rest.
There are built-in new costs, such as
re-starting school construction aid (and assuming the need for new construction
for regional needs.) The future cut in property taxes for lower-income homeowners
may cost more than the current income sensitivity system. Future consolidation
may save some money, but not enough to offset new costs. Increasing class sizes
will save some money, but the required increases are minimal. (At least 10
students for first grade; 12 for 2nd-5th; 15 for 6th-8th; 18 for high school.)
2.
It does not close small rural schools.
There are multiple exemptions for size to
meet needs; the decision-making process for closure is yet to be defined. I
think upper grades need and benefit from larger regional schools, but not
elementary schools.
3.
It does not mean teachers will be laid off.
Again, class minimums requirements remain
low; at most, there could be reductions achieved through attrition. There is a
timeline for any changes, and a soft-touch consequence for not meeting them.
4.
It is not happening too fast for good decisions.
Almost every aspect is yet to be
determined over the next several years after more work by sub-groups that
include professionals. If those steps aren’t achieved (after being fought over
in future legislative sessions), the process ends. A map for proposed larger
districts next year will be the first test for whether consensus will be
possible for moving forward.
Note that even pieces that are
“established” in this year’s bill don’t take place immediately, which means
they can be changed if new information demonstrates the direction should
change.
5.
It does not “privatize” education and place the public
system at risk.
It actually cuts back on some access to
independent schools. Yes, in theory it could make it easier in the future to expand
a private school voucher system, but that would require a whole, new,
controversial change in law.
6.
It does not impose big tax increases on thrifty towns,
or force cuts.
Sorting out the issue of addressing
changes from up or down from current local tax rates or budgets is one of the
many work areas yet to be resolved. If it does have unfair results, the
opportunity will be there to say, stop; this doesn’t work.
7.
It does not ignore the major cost drivers in school
budgets.
Some of those drivers, such as special
education, are elements that are part of the further work outline in the bill.
Others are not addressed because they are not direct education system issues.
Health care’s staggering cost increases are a separate problem for all of our
budgets. Yes, it helps drive school budgets in a big way, but that is a
component that will now be a shared problem for the state to address in
funding, rather than for each town to react to by rejecting a local budget that
has soared upwards because of health care costs.
What was I happy to see in the final
version of the bill that came forward?
Two things:
First, an intent to try for a faster
timeline: three years instead of four to start actual changes. It is unlikely
to meet the timelines because there is so much work and so many decisions yet
to be made. We will likely be voting regularly on time extensions, something we
do often. But dragging out change can be a detriment; I think a goal to move
decisions forward as soon as reasonably possible is good.
Secondly, it was the first time a
transparent statement was made in the bill that clarifies that there is not
necessarily an intent to reduce the taxes needed to support our schools. The
intent is to reduce the increases in the property tax, which is being perceived
as the main thing taxpayers are upset about: increased property taxes, not
taxes overall.
The bill now states that within the intent
to prevent property tax increases, if need be, we will transfer current
spending into other budgets that have other revenue sources (income tax, sales
tax… anything other than property tax.) Some of these could be very
appropriate. Are school lunches or mental health supports a part of education,
or are they social services that should be in our social services budget? But
the outcome will be more pressure and increases to those other budgets. It
shifts funding to increase other tax categories.
Speaking of mental health support – which
a majority believe are a critical need in our schools – that is one of the clear
examples of how inequitable the current system. Schools must pay the matching
funds for the federal Medicaid support for having mental health clinicians.
Many of our schools, in communities that don’t believe it’s affordable for
their town, don’t have those services. These supports should not be dependent
upon where you live.
If one wants to consider whether our
current convoluted system of education spending represents local control while
also creating equal tax burdens for equal education support across the state,
one need only consider the Northfield budget over the past two years.
In 2024, Northfield tightened its belt
compared to many other districts in the state. Northfield spends less than the
statewide average per pupil. Yet in the final outcome, the average property tax
rate increase across the state was 14%. In Northfield, it was 18%. This year,
Northfield (or, the full district) tried to catch up on some pressing needs.
The budget increase was 14%. Yet the tax rate will only increase by 2% to meet
that increase.
This is why I term “local control” a
façade under the current funding structure
While many folks are scared about
potential implications, the bottom line is that this bill, this year, only
begins a process for a statewide system of equal taxing for equal resources for
the opportunities for each student. And it uses the same system that the
majority of states use for education funding. This bill is about doing the necessary
groundwork to address the many complex issues that will determine how, and even
whether, it is able to move forward. It sets out intent, but no final
decisions.
Most of the big decisions are still ahead
of us and will present major challenges to resolve.
***
This year’s session is over, but I’m still
available if you want to discuss legislation or other state issues. Stay in
touch at adonahue@leg.state.vt.us (and with Rep.
Ken Goslant at kgoslant@leg.state.vt.us.) We appreciate being able to serve
you.
Friday, June 6, 2025
June 6, 2025 Legislative Update
Legislative
Update
Rep.
Anne Donahue
June
6, 2025
As a student many decades ago, I was one
of those who put off studying for exams until the last minute and then crammed.
If I had received a time extension, I likely would have still waited until the
last minute to cram. The legislature reminded me of my early self this year. We
extended the session by two weeks in order have added time to resolve
differences between House and Senate on education reform. Nonetheless, lots of
other major bills were still crammed into the final few days.
As a result, during the interim of those
extra two weeks many committees had time on their hands; the education bill
conferees, meanwhile, did not end up with a final bill. As a result we have
suspended adjournment until June 16 in order to give those six conferees more
time. We should have done that two weeks sooner! It would have saved a lot of
money if members had completed the other work on time and left only the
unfinished education reforms for more work.
At this point, the interim “progress”
after six days is that the conferees finally negotiated a date – next Wednesday
– to meet again to hash out a compromise. In the meantime, they will try to
work on revisions to current proposals. We won’t really know where the final
draft ends up until their work is done.
***
What Else Was Left Hanging?
Besides education reform, a key tax bill
got temporarily stuck in the Senate. It includes the partial income tax
exemption for military retirement and survivor’s benefits, which I’ve fought to
achieve for many years, knowing how much it would help recruit workforce at
Norwich. (Virtually every other state offers this exemption.)
The bill isn’t dead. The Senate knew it
was going to get the added days in mid-June to finish its work and since the
bill was approved by House-Senate conference committee members, it shouldn’t
face any problem getting passed.
The bill also increases the age for the
$1,000 child tax credit from 5 to 6, increases the state portion of the earned
income tax credit, makes slight increases in the income percentages for
exemption of social security and civil service retirement income, and adds a
veteran’s tax credit.
***
What Got Finished?
The budget, which is usually the bill that
closes a session, was voted out early this year. The final increases were less
than the legislative proposals but more than the governor’s starting point. It
was an indicator of the increase in balance when a Democrat-controlled
legislature that no longer has a super-majority (the 2/3rds majority needed to
overturn a veto) can no longer allows for completely ignoring a Republican
governor.
With most other controversial bills, the
legislature held to its own priorities but gave in enough so that the governor
reluctantly supported the end result. Here’s the quick synopsis on some of the
major responses to current state crises:
***
Housing
The governor got a watered-down version on
one initiative, and no progress on the other. Construction costs have
skyrocketed, and developers are held back on projects when they cannot turn any
profit at all. Time and uncertainty add costs, but efforts to ease some of our
difficult permitting processes have failed.
One new tool was created to allow
investments in necessary infrastructure by towns. The money comes from property
tax revenues and is paid back by the increased tax revenue created by the new
properties. Near the end of the bill process, the House added some new hoops to
get access to those advance funds, making it harder for towns to work with
developers to achieve the desired outcome (more housing development.) It
remains to be seen whether it will still be of any use for the intended target,
which was smaller towns that can’t afford the investments in water, sidewalks
and the like.
***
Health Care
The scope of our health care crisis became
more visible as the year progressed. Smaller hospitals are losing money to the
extent of facing risk of closure, and our one primary insurance company is on
the brink of bankruptcy as claims come in at higher-and-higher costs. This is
no longer just about skyrocketing cost – it’s about basic access.
As with many of our crises, this is much
bigger than Vermont can solve on its own, and both housing and health care are
critical issues for many states. We are small enough that our non-profit
hospitals each have their own “catchment areas” that create a near monopoly. That
eliminates competition as a cost control, and likewise for insurance companies
who see there is no market to compete for here.
Twenty years ago, Vermont’s health system was
running at below average cost but was increasing in costs at a faster rate than
elsewhere. We are now one of the highest costs per person in the country, and
our largest medical center is the most expensive, anywhere.
When there are no market pressures (and those
pressures have much less impact in health care dynamics than in any other area,
regardless) the only alternative become increased regulation. This year’s new
bills pressed mostly in that direction, in particular in efforts to squeeze the
UVM Health Network to reduce expenses in order to keep all the other parts of
the system alive.
None of these bills will be game-changers.
The largest initiative includes creation of a new “Statewide Healthcare Deliver
Strategic Plan,” the first effort at a comprehensive tool to prioritize needs
since my bill in 2002. Certainly overdue!
***
Homelessness
We should be hearing any day whether the
governor vetoes the bill my committee developed in response to a dysfunctional
system that pays a lot of money to put some people up in hotels, but leaves
others out. The focus of the bill is a transformation into an actual unified
system, run by our community action agencies (Capstone in Central Vermont), to
coordinate services to move people into permanent housing and reduce the use of
motels.
The governor has expressed concerns as to
whether it may cost more money in the long run, although it does meet his
criteria for a program that actually provides services to help folks, rather
than just pays hotels to house them.
I supported this bill because I don’t see
a better alternative. I don’t think the alternative of leaving people who are
seeking help on the streets is acceptable. It will take a year to make these
changes in the system, and they need to start now.
It was ironic – and mystifying – to see
the legislature pass a budget that left in place the exact status quo as last
year for funding hotels in the interim. It uses a broad definition for the
eligible group of “most vulnerable” but leaves in place the same caps on the
number of rooms that can be funded, and the number of days a household can
stay. The result is not enough capacity for all who are eligible.
Those limits were what drew outrage from
legislators when people were being evicted both last fall and this spring. There
was a standoff with the governor, who would not agree to add more money to the
current year budget to change what had been passed into law. We have now put into
place a recurrence for the year ahead.
In the meantime, changes to the new reform
bill at the last moment removed additional funds for creating new shelter
programs to replace isolated hotel rooms. There are advocates who press for
private accommodations for those in need of support, saying that shelter
programs lack dignity. I think we are doing too much for too few, and it would
be better to put our resources into less costly shelter capacity that allows
fewer people to be left on the street. The new program our bill proposes is a
compromise but makes headway.
***
Stay Tuned
Although not meeting until June 16, we
haven’t officially adjourned. Anything, in theory, will be up for debate when
we regroup.
In education reform – as with
homelessness, and health care, and housing – there is both urgency and a need
for enough time to make change thoughtfully. Those operate in tension, but
anything that ends up being rejected because it does not respond to a crisis
quickly enough, or as ideally as we might like, only means another year of
delay.
If we do not move forward this year with
education reform to allow us to use money more efficiently and to seek more
equitable outcomes, consider this: Last year, the average property tax increase
was “only” 14% because the original increase (18% on average) was reduced by
transferring extra money from the general fund.
For the 2026 budget we have transferred
$77 million from the general fund to the education fund to defer what would
have been an additional 7% percent average increase in property taxes (it will
average 1% instead.) That creates a false sense of less urgency. Taking money
from the general fund means other priorities that lose out. Sooner or later,
the bill will come due.
***
Thank you for all of your engagement this
year. Please stay in touch with me (adonahue@leg.state.vt.us)
and Rep. Ken Goslant (kgoslant@leg.state.vt.us)
as we work to represent you.
Monday, May 5, 2025
May 5, 2025 Legislative Update
Legislative Update, May 5, 2025
Rep. Anne Donahue
It seems odd to not be reporting final,
major legislation heading into the second week of May. We’d typically be in the
final days of the session. However, it’s been predicted for a while that we
will run late this year because of the complex task of laying out the planning
for major restructuring of our education system.
The Senate has not yet finalized its
proposed revision to the House bill, and only after that will negotiations
begin on the differences. The conference committee on the annual budget has
begun this week, so that is much closer to the regular schedule. There have
been several other significant bills making their way through the process.
***
Veteran’s
Pension Exemption
The bill exempting some specific income
taxes will be on the House floor this week, and with its unanimous vote out of
committee, it will likely pass without significant opposition. The Senate will
then have to review it.
It includes a compromise version – but
with significant progress – on the veteran’s retirement pension exemption. This
has primarily always been a critical workforce issue. These veterans, in peak
wage-earning years, often fill critical positions that help increase our income
tax base. Other states are way ahead of us in exempting such pensions, creating
a disincentive for moving here. It’s been a big issue for Norwich in
recruitment over the years.
The House proposal will exempt all
military retirement pay for residents with incomes less than $125,000 and then
scale it up to $175k. There was a $250 credit added for all veterans with
incomes under $25k.
The bill also includes an increase in the
threshold for partial exemption of Social Security income (another area where
we fall well behind other states), an increase in the Earned Income Tax Credit
and in eligibility for the Child Tax Credit, and a new tax credit of up to
$1,000 for persons providing uncompensated care for a disabled family member.
The total cost of these measures in lost
revenue is $13.5m.
***
Right
To Form Unions
We also moved a constitutional amendment
forward that would guarantee the right to organize unions. It has now finished
its two-session legislative requirements and will go to a statewide ballot. These
rights are firmly established in current Vermont law, but there has been
backsliding in other states so it was felt to be important to place it in our
constitution to prevent future change.
I did support it, but with some reticence.
It includes the right to negotiate a requirement that employees must belong to
the union as a condition of being employed there. I get the importance of this.
If folks can have a free ride of the benefits without paying dues, it could
undermine the ability to unionize.
But I philosophically disagree with
forcing union membership in order to get a job at a given place, and this will
lock it into our constitution. I do support union organizing, so I voted in
favor and leave that balancing to the decision of voters.
***
More
on Clean Heat
Several efforts have failed in getting a bill
through to repeal the Clean Heat standard. As with many of our climate
initiatives, it was well-intended but not economically feasible, and the plan
to implement it this year no longer has any support and will not be moving
forward.
It was controversial enough that repealing
the underlying law would make sense for now – we can always come back to a
revised effort – but the legislative majority want to keep it in place. It is a
reminder that the Democratic majority still controls, despite no longer having
a “super-majority” capable of overriding any veto single-handedly.
Controversial new legislation can be blocked by a veto with enough votes to
sustain it if there is no compromise, but nothing new can be pushed through without
Democrats behind it.
***
Health
Care
Still a bit below the radar is a
regulatory overhaul of the health care system to attempt to slow down
skyrocketing cost increases. Maintaining the kind of access to services that we
currently have may become impossible without (or even with) some major changes,
and this bill shapes some of that planning. The House Health Care Committee is
working to finish its review of the Senate bill before sending it back.
***
Education
Proposals
To touch on a few of the current Senate
proposed changes to the Education bill:
The Senate draft replaces a work group
with an eight-member School District Boundary Task Force (four House, four
Senate members) to develop the new, larger districts. The Senate would require
the task force to propose at least one school district/supervisory union map
and to consider continuing access to independent schools in tuitioning towns.
It must also recommend an alternative process if new boundaries are not enacted
by Jan. 31, 2026. This is a faster process than the House proposal and could
move full implementation from four to three years.
Removed from the House version are the
immediate setting of class size minimums, the intent language on school size,
the goal of a 4,000-student minimum per district, and the school closure
designation provisions. Independent school tuition differences would broaden
access compared to the House version.
***
Rare
Disease Advisory Committee
A special congratulations is in order for
Mary Nadon Scott for her public advocacy for the creation of a state advisory
committee on rare diseases. My committee passed out the bill to establish it
last week, and it will be ready to go for Senate action next January. No new
appropriations are needed to support the activities of the committee.
Diseases that affect large numbers of
people have organizations to provide guidance and recommendations on public
education and to the legislature, and support for individuals. The new committee
would facilitate those with rare diseases in combining to gather experts and identify
common interests and needs in those same areas.
***
Thank
you for the honor of representing you. Please reach out any time with feedback
or questions to me at adonahue@leg.state.vt.us
or Rep. Ken Goslant at kgoslant@leg.state.vt.us.
Saturday, April 12, 2025
Education Funding Bill Update
This update is framed in part by a message
to Northfield voters who will vote this week, for a second time, on a school
budget. That budget decision demonstrates how messed-up our education funding
system is, and how urgent the current reform efforts are.
As a Northfield resident, I will be voting
“yes” on the Paine Mountain (Northfield-Williamstown) school budget. To do
otherwise would be, in effect, to hand over our property tax dollars to other
towns. That’s how gummed up the system is.
We know that in the legislature. The
urgency of the need for reform efforts after last year’s soaring property tax
rates made it a priority for this year and for the bill that passed the House
last week. But the public is led to believe that we have local control because
we vote on our own budget for our own schools. The reality is that most of the education
property taxes go into a big statewide pot of money. Out of that state pot,
school districts receive the money that matches what they voted for, whether
that budget is high or low, above average or below.
Last year, Northfield’s property tax
increase was higher than even the high average statewide increase by several
percentage points, despite a major budget cut after a failed first budget, and
even though the district is spending less than the statewide average on our
schools.
How could that happen? How could a town’s
taxpayers be required to pay more for spending less? It was because other
districts were increasing their budgets much more than we were, and we had to
contribute to their decisions to spend more.
This year, Northfield can regain a bit of
that and make up for some of what was lost last year. The pent-up pressures
that are causing its budget increase are higher than other towns’. They got
their increases last year. If the Northfield budget passes, the schools will
get 15% more for students at a 2% rate increase for property taxpayers. That is
because other towns will be contributing to cover Northfield’s budget increase.
It will be a bit of a payback for the increase Northfield paid last year.
Northfield will still be spending less per
pupil than what the average district spends, but those other districts will
refund some of its losses from last year. If it is voted down and the budget is
cut, it will benefit those other districts
and hurt Northfield students. That is exactly how gummed up our current funding
system.
A key part of the legislature’s efforts to
remedy this is through changing from a pool of money that funds what each town
decides to spend, into a pool of money that is paid out equally for each
student in the state, so that each student has equal opportunities (including
an equal amount extra for students who have special challenges in accessing
equal learning opportunities.) It also improves the system for equity among
what taxpayers in different towns pay in. All of this requires a change to
large school districts.
This type of “foundation” funding is used
in the major of states; our funding system has been one-of-a-kind. The
legislature – both House and Senate – have been fairly unanimous on this change,
which was first proposed by the governor as the core to reform. There has been
disagreement on some of the further components, such as the size of the larger
districts, the role of independent schools and the impact on rural districts,
but not on the fundamental concepts.
The House passed its version of the
concept in a bill last week. The biggest current flaw is that it won’t go into
effect for four years. Four more years of funding inequity, and four more years
of voting on (and fighting over) local budgets each year that don’t align with
equality for either taxpayers or for students.
Last week, I tried to amend the bill to
set a goal of making it happen a year more quickly. It was aspirational: if we
are able to pull all the parts together sooner, we should try to do that. I
urged that we needed to give the message to our constituents that we wanted, if
reasonably possible, to address the funding system crisis with some degree of urgency.
Opponents said that it was more important to give the message to school boards,
administrators and educators that we were committed to making the changes
thoughtfully. The amendment to change the intent language to aim for 2028
instead of 2029 was voted down.
The bill is now in the hands of the
Senate. If you want to see faster relief from the inequities created by the
current system – and which hurt Northfield so badly last year – contact our
three Washington County Senators to urge them to expedite the timeline for
reform.
***
It is an honor to represent Northfield and
Berlin. Please stay in touch with me (adonahue@leg.state.vt)
and Ken Goslant (kgoslant@leg.state.vt).
We value your input.
Saturday, March 29, 2025
March 29, 2025 Legislative Update
Legislative Update
Rep. Anne Donahue
March 29, 2025
A total of 32 bills were passed by the
House over the past two weeks and are enroute to the Senate. There they could
be passed, could be abandoned, or could be rewritten and sent back for our reconsideration.
So, they are a ways away from reaching the final stage of going to the governor,
apart from the controversial budget adjustment act (BAA), which was vetoed and
is still in flux.
Many were updates to existing law and not
controversial, or were initiatives with broad support. The most prominent
included a new BAA (political gamesmanship); next year’s annual budget (104-38
vote after a unanimous bipartisan committee vote); election law changes (a very
controversial provision limiting write-in votes was removed); the homestead
property tax rate (reduced by injecting added general funds, risking a big
spike next year); the capital construction and transportation bills (I raised
concern about the new Dog River bridge in Berlin being constructed without a
sidewalk); expansion of access to unpaid leave (I pointed our concern for small
businesses); protection of personal information of public service employees
from data brokers (badly written, but a start; vote was 106-38); and state advertising
restriction to use a minimum of 70% in local media organizations (overly
prescriptive but also with a huge loophole that will negate its good intent.) Ask
me for details on any or all.
Meanwhile, we still await hearing how our
Ways and Means Committee will respond to the amendment that proposes a military
pension exemption from the state income tax. It’s ironic to me that we were
willing to pay out $5,000 in cash to entice folks to move to Vermont a few
years ago but haven’t been willing to pay a much lower per person cost to
attract this skilled workforce to further their careers (or maintain them) here.
Our House version of initial steps for
education and funding transformation is emerging shortly and will be certain to
result in a lengthy House-Senate process of attempting to reconcile the
significant differences in approach. Predictions are that we will be in session
for at least several weeks longer than usual in order to get this done.
***
Rather than speculate on the outcomes of these
multiple moving targets, I want to use this update to focus on a picture of the
kinds of “work behind the scenes” legislators can get pulled into, and that don’t
usually make it into news media.
Two years ago, the legislature passed a
bill to create “Vermont Saves,” a very positive way to support Vermonters in
building retirement savings if they do not have access to an employer-sponsored
plan. The way it was set up, employers are required to send the employee
information to the state Treasurer, who runs the program. It is promoted as a
voluntary program, but in order to help foster participation, it is an
“opt-out” rather than “opt-in” program.
That means that anyone can give notice
that they do not want to participate, and they will be removed, but silence is
consent. If you don’t object, five percent of your net income is deducted from
your paycheck and becomes a contribution to a Roth IRA established through the
Treasurer’s office.
Obviously, for many wage earners, five
percent is a whole lot of money to carve out. Fortunately, they can ask for a
lower contribution rate if they prefer. Starting to save for retirement early
and regularly is a good move, but some people who are just scraping by simply
can’t do it, and we certainly want to preserve their choice in such decisions,
right? The problem with any “opt out” system, however, is that someone can only
choose to opt out if they receive clear information that they have been
automatically enrolled and that they need to take action if they do not want to
take part. Otherwise, it’s no longer actually voluntary.
So I was shocked several weeks ago when a
constituent sent me the copy of a “Vermont Saves” program notice he had
received. It was an email that came from an unknown company and the headline
was, “You’re in! Your Vermont Saves account is ready to be set up.” Note in
particular the terminology: “ready to be set up,” future tense. It goes
on to laud the program, which “puts you in control of your financial future by
offering you a safe, secure, and simple way to save for your retirement with
every paycheck.”
Some lines further down the page, a
boldface bullet point states, “Participation is voluntary” and continues, in
regular font, with, “Stay enrolled or opt out…” That’s the very first reference
to the auto-enrollment that has already occurred. The account isn’t “ready to
be set up.” It is already set up. This isn’t “offering” something. It’s
already done, unless you act to stop it.
In today’s world of email scams, I think
it’s likely that some folks will see that the email isn’t from the state or
their employer, and say, “Wow, I know better than to hit that ‘set up account’ link
on this email. I’ll be hacked.” Others will skim the beginning and say, “well,
this is an offer I’m not interested in; I’m not going to set up an account to
participate.” By appearance, they have not taken up the offer. In reality, they
needed to set up access to their account in order to then withdraw from
participating. Even when the first paycheck with a deduction arrives, some will
see it and just sigh (or curse) over a new payroll tax being imposed, unaware
that it is “voluntary.”
Employers didn’t receive transparent
information, either. They were told that they were required to send in the
information on their employees, but that then their employees would be able to
choose whether they wanted to participate. I spoke to one local employer who
was absolutely stunned to learn that it required an active opt-out by the
employee to prevent automatic payroll deductions.
But it gets worse. The notice announces,
“Your paycheck contributions have the potential to grow into big savings over
time” – with “have the potential to grow” boldfaced. True. But a Roth IRA is an
investment account. It includes the risk of loss as well as the potential of
gain. (I think we’ve all seen ads for investment opportunities that
specifically state that, in a manner that suggests they are required to do so.
Apparently, our Treasurer is not under that requirement… yet.) It makes no
reference at all to the difference between a savings account and an investment
account.
Last week, I met with our State Treasurer,
Mike Pieciak, to share my concerns. He defended the information as being tested
and evidence-based by the company contracted to produce it; it runs the same
program in other states and uses the same communication with good results.
After all, people should be saving for retirement, and this helps people stay
on board. That’s the program goal. He agreed the notices might lack some
clarity and said he’d talk to the company to see if they could rework some of
the placement of information. I was unimpressed by his response.
By coincidence of timing, that same day
our 2026 state budget bill was on our House calendar. In reading it, I
discovered there was a section about Vermont Saves, which included a change to
allow the Treasurer to adjust the automatic annual contribution rate increase
by up to 10 percent, instead of the original eight percent. You are not merely
automatically enrolled, you also have an automatic increase in your
contribution rate each year… unless you give notice that you don’t want it
increased. What will the phrasing be like to tell employees about that right?
So I introduced an amendment to the budget
bill to put a pause button on that change.The first auto-increase isn’t until
next year, so there’s no rush. The Treasurer’s Office objected to the amendment
and began giving broad testimony on the purpose of the program and the
importance of encouraging savings, including that optimal rates to save for
retirement are actually more like 15 percent… so they want to be able to get
the deduction up to at least 10 percent of net wages.
As it turned out, the Appropriations
Committee had never heard any testimony about the rationale for the proposed change
and for including the Treasurer’s language in the budget bill. He had bypassed
the process of bringing the issue to the policy committee for review before
asking to have it added to the budget. It had then slipped in as a “technical”
change almost without being noticed.
The Committee voted 10-1 to support my
amendment. The Chair suggested that the Treasurer should go to the Senate
Government Operations to make his case in full and enable that policy committee
to discuss it, before seeking to add it back into the budget bill during the
Senate’s work on it. It was really only a symbolic victory, but what was
important was that presenting the amendment on the House floor was an
opportunity for me to ring the alarm on the much bigger underlying issue – the misleading communications – to the full body.
I’m not planning to let it end here. I talked
with the Chair of House Government Ops and he is going to have me meet with the
committee about the need for more transparent communications to the people who
are about to have their paychecks raided (for their own benefit, of course…),
and how we might address it. I’ve also already given a heads’ up to the Senate
Gov Ops chair that I’d like to meet with him to share this same background information.
That committee would have the best opportunity to get protective language
through the legislative process this late in the session.
How could we have put something like this
in motion two years ago? Well-intended, of course, but also passed in the very
last week of that legislative year, a time during which bills are passed at
dizzying speed, despite the attempts of some of us to be allowed more time to
be thorough in our work. We are a citizen legislature with no individual staff and
who must rely heavily on the expertise of others.
But if we were going to pass a bill that
would automatically deduct money from Vermonter’s paychecks to invest in an
IRA, we owed it to Vermonters to have made sure they would get full, clear
information about how they could turn the program down. Not everyone is in the
place to give up the “as little as $105 a month” that the notice cheerfully
uses as an illustration. To some of us, that’s a lot of money.
So now, we need to fix it.
***
It is a pleasure to be representing you.
Please contact me at adonahue@leg.state.vt.us with questions or
concerns, or my district-mate Ken Goslant at kgoslant@leg.state.vt.us. All of my past
updates are accessible at representativeannedonahue.blogspot.com