VERMONT TRADITIONS COALITION

2011 LEGISLATIVE REPORT

OVERVIEW:  With the retirement of Governor Jim Douglas and the election of Peter Shumlin as Governor during the November elections, Vermont Traditions Coalition (VTC) knew there would be new challenges in the 2011 Legislative Session if we wanted to maintain the gains we made in the last decade for traditional land use.  When the Legislature adjourned on May 6, it turned out that VTC was able to make some traditional use advances and fight off a lot of bad ideas that were proposed this year.  However, many of those ideas will be back in 2012.  Vigilance can’t take a rest, and VTC will need to enter it’s 11^th legislative session next year ready to continue the battle for the rights and traditions of our coalition of sporting, snowmobile, farm, maple syrup, forest product, outdoor guide, and lake association interests.  Here’s a rundown of the key issues from 2011:

TAX INCREASE ON OPEN LANDOWNERS: This issue lasted right down to the final moments of the legislative session for the third year in a row.  In 2009 and 2010, the Douglas administration, VTC, the Vermont Forest Products Association, the Vermont Maple Sugar Makers Association, and others successfully defeated a proposed tax increase of several hundred percent on farm, forest product, and maple landowners who sell all or part of their lands. The tax increase involves land in the current use tax program that taxes the working landscape for how it is actually used rather than on the value of the land for real estate development.  Many times the purpose of these land sales is to make the farm, forestry, or maple business the land supports more viable, such as trading marginally productive land for more productive land.  Without the current use program, a lot of farm and timber lands could get developed, resulting in loss of recreational lands as well as working lands.  While tax increase opponents were successful in 2009 and 2010, the election of Democrat Peter Shumlin as Governor changed the political landscape for 2011.  Now, both the heavily Democratic legislature and Governor supported a tax increase in the current use program.  In August 2011, the formerly successful Current Use Tax Coalition (CUTC) was resurrected.  Nearly all the stakeholders in the 2011 battle over current use joined the coalition including VTC.  VTC made clear that VTC would be siding with the landowner in all disputes within CUTC.  The political realities of Governor Shumlin’s election converted landowners from opposing all tax increases to minimizing tax increases.  Finally, after a dozen CUTC meetings, tax supporters such as the Vermont Land Trust and Vermont Natural Resources Council and tax opponents agreed to a compromise.  For environmental groups and traditional use groups to forge a successful compromise on any major contested issue is pretty remarkable, and many legislators were pleased.  The compromise reduced the 2010 tax increase for landowners who have been in the current use program more than 12 years by between 100-140%.  Under the compromise, the longer the landowner provides the public with open land benefits, the less tax the landowner pays for removing land from the current use tax program for the purpose of selling for real estate development.  The controversy didn’t end with the CUTC compromise, however.  In a 6-5 vote, the House Ways & Means Committee increased the CUTC tax rates by 60%.  The CUTC stuck to its guns and feverishly worked all angles to replace the Ways & Means proposal with the CUTC proposal.  In the end, the Ways & Means increase got as far as the Senate.  The CUTC will get opportunities for full Senate consideration next year, and may succeed in replacing the Ways & Means proposal with the CUTC proposal.

FISHING SUCCESSES:  Republican Lt. Governor Phil Scott’s 2010 fishing access renovations program received the support of Governor Peter Shumlin and the Legislature for the next two years.  Lt. Governor Scott initiated the fishing access renovation program in consultation with VTC in order to address deferred maintenance needs of Vermont’s existing accesses, expansion of overcrowded accesses and the need for new accesses.  The 2011 Legislature followed up the $200,000 state appropriation in 2010 with appropriations of $100,000 for each of the next two years.  Altogether, these appropriations will leverage somewhere near $1.5 million in matching federal funds.  The nationally acclaimed walleye restoration partnership between the Department of Fish & Wildlife and the Lake Champlain Walleye Association won legislative support for the next two years.  The Walleye Association was granted approval for a $21,150 funding re-allocation in 2011 and $25,000 for 2012 to continue to upgrade and expand on it’s highly successful man made walleye rearing ponds. In 2010, LCWA stocked over 250,000 walleye fingerling and fry into the Lake Champlain Basin and selected inland bodies of water.  The Fish & Wildlife Department supplemented this stocking with stocking of their own.  Walleye population counts and fishing success rates have taken terrific strides over the last 7-8 years as a result of this continuing effort.   Lt. Gov. Scott, Sen, Dick Mazza (D-Grand Isle County-Colchester) and Sen. Bob Hartwell (D-Bennington County)  have championed the walleye restoration partnership in recent years and again this year.  The Shumlin administration continued retired Governor Jim Douglas’s support for Vermont ‘s fish hatcheries with a $1.1 million upgrade appropriation for the next two years.  A good fishery is vital to increasing license sales which go to back to funding fish and wildlife management. Top notch hatcheries are essential to quality fishing and as a strategic means of preventing undue depletion of native fish populations.

HUNTING SUCCESSES: VTC and our sporting allies succeeded in beating back many threats to Vermont’s hunting heritage.  Two teen suicides resulted in the most aggressive gun control effort in quite some time.  Senate Bill 59 and House Bill 83 would require gun owners to lock their guns or face jail time if the guns were used to do human harm even if the gun was taken without the gun owner’s knowledge.  The proponents of the bills brought in an alleged national expert among other efforts. VTC’s full time presence and the part-time presence of the National Rifle Association and other sporting groups generated some formidable opposition, and the legislation failed.  Gun control advocates will make another push next year.  Some other bad ideas cropped up to challenge Vermont’s sporting traditions.  The challenges included bans on bear hunting with hounds and crow hunting, restrictions on gun club ranges, unrealistic mandatory noise level reductions on motorboats, and prohibition of smoking in state forests.  None of these ideas got far, but the fact that ideas like these are being raised every year illustrates the importance of a continuing State House presence.  VTC keeps an eye on all kinds of legislation for potential impacts on VTC interests, and every year we find things that, intended or not, create bad outcomes.  For example, during the course of following the legislation declaring that wildlife is a public trust that cannot be owned by any private citizen, we discovered that the requirement that the Fish & Wildlife Department use deer management techniques designed to create an “abundant” deer herd had been removed from state law.  This long standing policy goes back to the deer population crash decades ago, and has guided deer management ever since.  We brought the issue to the attention of the Senate Natural Resources Committee, and the “abundant” deer herd policy omission was corrected.  VTC plans to work closely with the Shumlin administration in the legislative off-season.  VTC hopes the Shumlin administration will continue the Douglas administration’s policy of aggressive timber management on state land for the benefit of game species. 

SNOWMOBILE CHALLENGES: In 2010, VTC supported the Vermont Association of Snow Travelers (VAST) attempt to get legislation passed preventing towns from increasing tax appraisals for landowners just because the landowners generously host a trail.  In 2009, the Town of Canaan had increased property appraisals for some landowners just because they hosted a VAST trail.  The legislature expressed displeasure with Canaan’s practice in 2010, and passed legislation mandating that all the parties convene, work out a solution, and report back to the legislature in 2011.  The meeting gridlocked, and no solution was worked out.  Legislation was again introduced in 2011, but the legislature chose to take no action.  Unless the Canaan practice spreads, the legislature does not appear inclined to take this issue up because of concerns that addressing this issue would lead to a variety of other requests for exemptions from the land valuation process.  The 26,000 acre Conte Refuge in Essex County is the federally owned portion of the former Champion Paper Company lands.  When the federal government purchased this land in 1999, they promised to keep the 40-plus mile snowmobile network within the Refuge.  These trails are the only viable links from Northern Essex County to the rest of Vermont, and are crucial to the Essex County economy and snowmobiling experience.  The Twenty-Year Conte Refuge Land Plan is currently in the planning stages.  Word got back to VTC that federal planners were considering a ban on night time snowmobiling.  This restriction makes no sense, because darkness descends early during much of the snowmobiling season.  People would be cut off from camps, popular riding routes would be eliminated, and businesses would suffer greatly.  Essex County’s number one winter pastime would be disastrously curtailed.  Public input is a large part of the federal land planning process.  VTC and the Champion Lands Leaseholders & Traditional Interests Association, a VTC member organization, featured this issue at the September 2010 Annual Meeting of CLLTIA attended by about 140 people.  Conte Refuge Manager Mark Maghini addressed the issue before the crowd, and was greeted by unanimous opposition to the night time ban.  This process will continue in 2011.  VTC will try to stay on top of potential federal restrictions, and take similar action as warranted.  The public input process has either started or is about start for several smaller state parks and wildlife management areas in Southern Vermont, the sprawling Camel’s Hump State Park in Washington and Chittenden Counties, and Bill Sladyk Wildlife Management Area in Essex County.  Some of these parks host snowmobile trails.  VTC has been and will continue to be active in these public input processes.  For most of this century, VAST has been working on establishing a multi-purpose trail on the former Lamoille Valley Railroad that runs 93 miles from St. Johnsbury to Swanton.  VAST has been relentlessly challenged every step of the way by a handful of abutting landowners who are being funded by the Vermont Natural Resources Council.  The abutters and VNRC have forced this Lamoille Valley Rail Trail, as it is now called, to become the first rail trail in the country to go through a comprehensive state environmental review process.  Trails are supposed to be exempt from Act 250.  However, three District Environmental Commissions claimed jurisdiction in a 2-1 split decision in 2009.  This will force VAST to go through the Act 250 process at an estimated cost of $1.8 million .  VAST successfully passed a Resolution in the 2011 legislative session that declares the legislature’s strong support for the rail trail and urges the Shumlin administration to support and assist the Act 250 application.  Whether to proceed under Act 250 has caused some internal controversy at VAST, but, as of now, the decision is to go forward.  VTC stands ready to support VAST whenever it might be needed as this saga continues.

ATV STATE LANDS ACCESS PROCESS REVOKED: Within three weeks of taking office, Governor Shumlin announced that he would like to revoke the new Douglas Administration rule setting up a process for three ATV trial trails on state land.  The Vermont ATV Sportsman’s Association, with support from several  VTC member organizations, is attempting to work with the Shumlin administration on some alternate means of experimental ATV access.  Meanwhile, the Shumlin administration’s anti-access approach to ATVs raises the issue of whether this philosophy will spread to other issues such as, for example, the Land Plans under consideration.  VTC hopes to maintain the gains we made under the Douglas administration following the disappointing performance of the Dean administration.  The May 2011 public hearing on repealing the ATV rule rallied ATV riding supporters outnumbering the opposition 142 to 6.  The written comment period produced 2060 letters supporting responsible ATV access to 1060 letters calling for repealing the rule and denying any and all access.  20ll will be an important year for trying to point access issues in the right direction.

ATTACKS ON PET OWNERS: H.303 and H.340 were brought forward by the Humane Society of the United States (HSUS) and sponsored by Rep. Tony Klein (D-East Montpelier). This legislation had been successfully defeated the last six years and, despite these defeats, it is back.  The legislation, which animal right groups refer to as the puppy mill legislation, would essentially define any person who keeps a dog for breeding purposes or breeds their dog and sells a few puppies as a “pet merchant.”  Pet merchants would include folks engaged in periodic casual sales and purchases of dogs, a popular practice with hunting dogs and other breeds.  These so-called “pet merchants” would be subject to onerous licensing, inspection and tax requirements. VTC is adamantly opposed to this bill because it contains no redeeming features, and makes Vermont virtually a police state for dog fanciers.  The House Committee on Agriculture had asked VTC to facilitate a conversation with all stakeholders to work toward a compromise.  On March 31^st, many of the stakeholders met for several hours. Dozens of e-mail conversations resulted from this meeting.  Although no compromise language was agreed upon, everyone hopes to find a solution that will be reasonable to all, and will help give law enforcement a tool for prosecuting the most egregious animal abuse cases involving large breeders.  The first step in this process will be to clean up current statues to make them consistent and easier to understand.  The second step will be to work to find ways to better educate animal professionals, town and state officials and consumers on current animal abuse statutes, consumer rights and properly recognizing and reporting animal abuse.  The Vermont Federation of Dog Clubs, a VTC member organization, played a key role in VTC’s 2011 campaign for pet legislation common sense.  Unfortunately, VTC will be fighting extremist anti-dog owner, anti-hunting, and anti-animal agriculture legislation from HSUS each session.  HSUS is a wealthy, national organization with full-time lobbyists in the state house.  HSUS was behind a half-dozen 2011 bills alone, none of which have gone anywhere….yet.  HSUS is not alone.  Other wealthy regional and national organizations opposed to significant sporting interests and other traditional land uses populate the legislative halls on a daily basis.  VTC and our allies must continue to grow and build so we can continue to protect traditional land uses from organizations of this nature.

MAPLE SUGAR MAKERS HAVE SOME SUCCESSES: The Vermont Maple Sugar Makers Association, another VTC member organization, faced the prospect of a candy tax in 2011.  Maple is one agricultural segment that is growing, and Vermont’s legislature needs to do everything possible to maintain Vermont’s standing as the leading United States maple producer.  Maple is the Green Mt. State’s signature industry, and an important part of our rural economy.  Increasing taxes on maple operations is a step in the wrong direction.  VTC stayed on top of the candy tax situation throughout 2011.  Due to a variety of circumstances, the legislature is likely to be looking for revenue in 2012.  Like many issues, the candy tax proposal will probably be back.  VTC was also involved in efforts by the Vermont Senate to improve maple labeling laws to prevent imitation maple products from using labels that make their imitation product appear to be 100% pure maple.  However, improvements in labeling laws will need more time. Vermont Agency of Agriculture personnel need the extra time to continue work with the federal government to avoid conflicts between state and federal law.  The legislature did establish the position of local foods coordinator within the Department of Agriculture.  This position will focus of building markets for local products, and may be of benefit to maple.

MAIDSTONE LAKE ROAD IMPASSE FINALLY RESOLVED: In 2009, VTC and the Maidstone Lake Association, another VTC member organization, worked with Lt. Governor Scott, Sen. John Campbell (D-Windsor County), the Douglas administration and others to secure up to $600,000 for rebuilding this gateway road to the Champion lands.  Town and state responsibility and funding for maintaining this road had gone unresolved for decades prior to the 2009 legislation.  As a result, the road seemed destined to gradually disintegrate with all sorts of implications for public travel and water pollution involving nearby Paul’s Stream.  The plan is to keep the road as a rustic dirt road befitting the area, but to prevent it from collapsing.  The 2009 agreement gridlocked due to a series of events between 2009-2011 until the House Institutions and Corrections Committee made a diligent effort to successfully resolve the gridlock this legislative session.  It was a touch and go situation right up until the final week of the session when it looked as if the bill would stall in the Senate until next year.  The legislation passed in the final days.  The Town of Maidstone hopes to begin road work this year.  Rep. Alice Emmons (D-Springfield), Rep. Bob South (D-St. Johnsbury), Sen. Hartwell, and Sen. Mazza played leadership roles in the arduous journey this bill took toward passage.

CONCLUSION:  The 2011 legislative session went reasonably well for VTC’s interests.  However, as reported above, many issues that VTC and our allies were able to beat back in 2011 could come up again in 2012.  Now that the legislative session is over, the Shumlin administration will have time to establish a more comprehensive footprint on public policies that are argued and decided at the administrative level.  VTC will continue our effort to work with the Shumlin administration.  Where working cooperatively is unsuccessful, VTC will make every effort to change the outcome of issues that are the source of disagreement.  VTC will need our entire statewide network to work with us when called upon in both of these endeavors. 

Northwoods Sporting Journal