Business Advocates Voice Concerns on Potential Legal Impact of Consumer Privacy Bill

Business Advocates Voice Concerns on Potential Legal Impact of Consumer Privacy Bill

A coalition of Vermont businesses and non-profit organizations sent a letter to the House Commerce and Economic Development Committee to raise concerns over the private right of action included in a consumer privacy bill that the committee is focusing on this session. The Vermont Chamber continues to raise business concerns related to anticipated consequences that could come from the significant unfunded mandates on Vermont businesses and non-profits (notably, the state government is now exempted from these mandates). Specifically, concerns that privacy violation allegations may lead to increased litigation that strain businesses, especially smaller enterprises that are crucial to Vermont’s economy. 

The letter, sent on Monday, February 26, stated: 

Dear Chair Marcotte and House Commerce & Economic Development Committee Members, 

As we navigate the complexities of enhancing data privacy laws in Vermont, our organizations that represent Vermont businesses, non-profits, and trade associations, find ourselves at a pivotal juncture. The proposed data privacy bill, specifically its private right of action provisions, presents a significant concern that could inadvertently exacerbate the challenges facing our state’s economy and business and non-profit communities. 

The introduction of a specific private right of action for data privacy violations risks ushering in a new era of litigiousness that our state is ill-prepared to absorb. While well-intentioned in its aim to protect consumer rights, experience from other jurisdictions tells a cautionary tale: such provisions invariably lead to a surge in litigation, placing undue strain on businesses and non-profits of all sizes, but most acutely on the small enterprises that form the backbone of Vermont’s economy. 

These legal threats do not necessarily advance consumer protection. Instead, they divert critical resources away from innovation and growth, creating an environment of uncertainty that disproportionately challenges local businesses and non-profits. This is not merely a hypothetical scenario, it is a tangible risk that could undermine our collective efforts to foster a vibrant, innovative, economic landscape in Vermont that respects consumer rights. 

While we recognize the importance of providing businesses with an opportunity to rectify potential violations, and the committee’s attempts to do this through the proposed right-to-cure period, we believe that alternative mechanisms, such as enhanced enforcement measures through the Attorney General’s Office, may offer a more effective and efficient means of achieving the dual objectives of protecting consumer interests and supporting economic growth. 

In light of these considerations, we urge a recalibration of this proposed section of bill H.121 to focus on measures that prioritize prevention, remediation, and robust enforcement through our state’s legal frameworks and strengthening the Attorney General’s Office: Empowering the Attorney General’s Office to fulfill its mission as the State’s top law enforcement agency with enhanced resources to enforce data privacy laws effectively offers a more direct and efficient path to protecting consumer interests without the collateral damage of rampant litigation. 

The committee has done extensive and important work to create a data privacy bill that will make real progress on this issue. The undersigned organizations are ready to engage in meaningful dialogue and collaborate on provisions that genuinely serve the interests of Vermonters without imposing undue risk on the businesses and organizations that drive our state’s economy. 

We appreciate your commitment to this issue and look forward to working together towards solutions that safeguard data privacy while promoting economic health and innovation in Vermont. 

Thank you for your attention and consideration. 

Sincerely, 

Vermont Chamber of Commerce 

Vermont Technology Alliance 

Common Good Vermont 

Lake Champlain Chamber 

Vermont Lodging Association 

Vermont Independent Restaurants 

Vermont Retail and Grocers Association 

Heating and Cooling Contractors of Vermont 

Vermont Fuel Dealers Association 

Vermont Ski Areas Association 

Vermont Vehicle and Automotive Distributors Association 

Vermont Specialty Food Association 

Vermont Insurance Agents Association 

Associated General Contractors of Vermont 

 

Manufacturing Leaders Testify on State of the Industry

Manufacturing Leaders Testify on State of the Industry

Several business leaders from across Vermont convened for an afternoon of testimony before the House Commerce and Economic Development Committee. The hearing underscored the critical role of manufacturing businesses in the Vermont economy, while also highlighting the opportunities and challenges unique to manufacturing in Vermont. The committee’s Chair recognized Chris Carrigan, Vice President of Business Development, for his 16 years of service to the industry.  

In his opening testimony, Chris Carrigan elevated the Vermont Chamber’s work on supportive tax policies and transforming the state into a supply chain hub by bringing buyers, suppliers, and partners together. “We are committed to strengthening our cross-border commercial ties with Québec and Canada and supporting workforce development initiatives to bridge the skills gap and help address the labor shortage,” stated Carrigan. “Supportive tax policy and economic development are vital to Vermont’s manufacturing industry.” 

Alberto Aguilar of Carris Reels (Rutland), Jay Bellows of KORE Power (Waterbury), Janette Bombardier of Chroma Technology (Bellows Falls), Julia Birnn Fields of Birnn Chocolates of Vermont (South Burlington), Rich Hornby of Mack Molding (Cavendish), and Julie Laforce of Built By Newport (Newport) each spoke to the unique products they manufacture, the value of their workforce, and the challenges and opportunities within the Vermont manufacturing community. 

Labor shortage concerns, rising supply chain costs, and disruptions, as well as a lack of workforce housing, were sentiments shared by each of the manufacturers. They also expressed appreciation for the work of legislators in recent years to make Vermont a state where manufacturing can continue to grow, including the expansion of the manufacturing tax exemption, forgivable student loans for workforce retention, the partial military retiree pension tax exemption, and more.  

“The importance of the tax exemption expansion has been crucial in our strategic planning,” stated Julia Birnn Fields. “We are currently reinvesting in our company and buying new, bigger machinery along with increasing our warehouse and manufacturing space. Continuing to expand upon these manufacturing tax exemptions and credits help keep our growth here in Vermont.”

Jay Bellows stated, “Today, we are doing what many thought was impossible. We have brought manufacturing back to Vermont, and manufacturing jobs here are increasing. The once shuttered facility is now being transformed into a hub of clean tech innovation and manufacturing. Our Vermont workers – some of whom hold GEDs, some advanced engineering degrees, many are graduates of our state colleges– are building battery energy storage systems that are among the safest and most efficient in the world. And they are doing it at a time when the demand for domestically built storage systems is at all-time high.” 

Major, Innovative, Solutions Required to Address Ongoing Tax Concerns

Major, Innovative, Solutions Required to Address Ongoing Tax Concerns

In the wake of recent turmoil sparked by the anticipated 20% rise in property taxes, the urgent need for innovative cost-containment measures has become increasingly important. The Senate expedited the passage of a bill that allows school boards to delay budget votes and replace the 5% property tax increase cap with a discount system. However, top lawmakers have acknowledged that these measures are only temporary fixes and a broader solution is needed to address the issue comprehensively this session.

Despite statewide affordability concerns, discussions in the tax committees have continued on other potential tax increases including:

  • A tax on the personal income of a tax filer (single or filing jointly) earning over $500,000
  • A tax on unrealized personal gains
  • A tax on the gross sales of streaming services
  • A tax increase on the USF fees in telecommunication bills

Opportunity for Short-Term Rental and Lodging Consistency in the BE Home Bill

Opportunity for Short-Term Rental and Lodging Consistency in the BE Home Bill

S.311, known as the Be Home bill, continued to be debated and refined in the Senate Economic Development, Housing, and General Affairs Committee. Included in the newest version of the Senate’s major housing bill is language that would shift short-term rentals to operate under the same Department of Health statutes that govern the rulemaking for food and lodging establishments. The provision is an opportunity to create alignment and consistency in regulations governing short-term rentals and licensed lodging establishments.  

The Vermont Chamber testified this week on the importance of health, safety, and transparency to ensure the well-being of the traveling public in support of Vermont’s visitor economy. The remarks before the Senate Economic Development, Housing, and General Affairs Committee, provided additional context to the Licensed Lodging Establishment Rule, emphasizing the distinct regulatory landscapes for licensed lodging properties and short-term rentals. If the language is retained in the bill, it will enhance clarity and transparency while ensuring public safety. The Vermont Chamber also endorsed the requirement for paperwork submission to a governing agency, annual reviews of forms, and the posting of short-term rental safety documents in a conspicuous location. 

[Update as of February 19: Current bill language now clarifies the definition of short-term rentals, mandates the Division of Fire Safety create guidance on the rules governing health, safety, sanitation, and fitness for habitation of STRs, and puts mechanisms in place for short-term rental health and safety disclosures.] 

26 Vermont Chamber Businesses Named as Best Places to Work in Vermont 2024

26 Vermont Chamber Businesses Named as Best Places to Work in Vermont 2024

The Vermont Chamber of Commerce congratulates our members who have been named to the 2024 Best Places to Work in Vermont list! This recognition is a testament to the commitment of Vermont businesses to creating positive and supportive work environments for their employees. This year, a total of 65 Vermont businesses were recognized, including 26 Vermont Chamber members.

The Best Places to Work in Vermont program is a statewide initiative that recognizes companies that create positive work environments for their employees. The selection process is based on an evaluation of company policies, practices, and employee surveys.

Vermont Chamber members that were named to the 2024 list include:

Small Businesses (15-99 employees)

  • Coldwell Banker Hickok & Boardman
  • Concepts NREC
  • Co-operative Insurance Companies
  • Encore Renewable Energy
  • Gallagher, Flynn & Company, LLP
  • Green Mountain Surgery Center
  • Heritage Aviation
  • Junapr Communications
  • Liquid Measurement Systems, Inc.
  • NDI
  • Open Approach
  • Pomerleau Properties Inc
  • ReArch Company
  • Redstone
  • Saba Marine
  • Union Mutual
  • VHFA

Medium Businesses (100-249 employees)

  • Chroma Technology Corp.
  • DEW Construction
  • NorthCountry Federal Credit Union
  • OnLogic
  • The Richards Group

Large Businesses (250+ employees)

  • Mascoma Bank
  • NBT Bank
  • Teknor Apex
  • Vermont Mutual Insurance Group

These businesses are setting the standard for workplace excellence in Vermont. They are committed to creating cultures that are not only productive, but also enjoyable and rewarding for employees. The final rankings will be announced at the awards presentation on March 26.

Congratulations again to our members who were named to the 2024 Best Places to Work in Vermont list!

Immediate Action Taken to Address Property Tax Increase, But New Tax Options Remain a Concern

Immediate Action Taken to Address Property Tax Increase, But New Tax Options Remain a Concern

There was movement this week on how to rapidly address the looming 20% property tax increases expected this year. A House Ways and Means Committee bill includes a repeal of the 5% cap set on tax rate increases, a measure that the Vermont Chamber and other business organizations asked legislators to take action on. This will take the burden off of non-residential taxpayers like renters and businesses to make up the difference between the 5% cap and full increase in spending. While short-term solutions to soften the projected $250 million statewide school spending hikes are the present focus of the taxing committees, the even greater concern is how they will address the long-term implications of an education fund that does not meet the needs of a school system with dwindling enrollment. Specifically, the next step outlined by legislators is considering new revenue sources for the education fund.

Taxes that have been discussed this session that may be on the table for this discussion include a “cloud tax” on software as a service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS). Whether as a response the the unsustainable increase in school spending or as a more general proposal, it is one possibility that is likely to gain traction in the House again this session. Nearly all Vermont businesses that use cloud-based services would see considerable cost increases. The Vermont Chamber will be working to minimize the impact, specifically on business-to-business transactions.

The following tax increases have also been under discussion this session:

  • A high-income earner surcharge of 3% aimed at tax filers, filing single or jointly, earning an annual income over $500,000
  • A new personal income tax on unrealized capital gains
  • Moving to a worldwide combined reporting corporate tax
  • Excise tax on sugary beverages
  • Increased taxation on candy (including maple)
  • Broadening Vermont’s sales tax.

 

While legislative proposals for increasing the burden on Vermonters are discussed, the Vermont Chamber is working to ensure cost containment measures, like finding efficiencies in the education system, are also considered.

Data Privacy Legislation Prioritized by House Commerce Committee

Data Privacy Legislation Prioritized by House Commerce Committee

The legislature has introduced a new version of a data privacy bill that was discussed last year, pulling from laws in Connecticut and Oregon. The bill contains a small business exemption that will support Vermont’s smallest businesses from undue burden, but it also contains a private right of action that could lead to costly lawsuits. In the absence of comprehensive federal data privacy law, state legislatures have been passing a patchwork of different, and sometimes conflicting, laws.

These laws regulate how companies control and process personal data in an economy that is relying on it more and more. They can be important consumer protection tools but also have the potential to create confusion and challenging burdens in the marketplace. Nationally, the Information Technology and Innovation Foundation has estimated that state privacy laws could impose costs of $98 billion and $112 billion annually. Over 10 years, these costs would exceed $1 trillion. The burden on small businesses would be substantial, with U.S. small businesses bearing $20–23 billion annually.

Substantial New Taxes Pose Greater Risk to Affordability, Demographic Concerns

Substantial New Taxes Pose Greater Risk to Affordability, Demographic Concerns

House and Senate tax committees considered several new or expanded revenue sources to supplement a projected 20% increase in the average property tax bill for the next fiscal year. Addressing the persistent shortfall in the education fund, which struggles to meet the needs of a school system serving fewer students but requiring more resources, is not a new challenge. Introducing new revenue sources without accompanying solutions merely serves as a temporary fix. The Vermont Chamber agrees with the committee members willing to stand up and say that more money is not the solution and that hard conversations about cost containment measures need to happen this session. Specifically, those identified by the Joint Fiscal Office that would allow the education fund to support students without increasing the tax burden on Vermonters, which would only further drive the workforce from the state.

Options under discussion include an excise tax on sugary beverages, increased taxation on candy (including maple), a 6% sales tax on remotely accessed software, and potentially increasing Vermont’s sales tax. Last week, several business organizations sent a joint memo to the chairs of key committees to raise these concerns and request that they implement the changes provided by the Joint Fiscal Office to curtail education spending. Cost containment measures can’t take a back seat, while legislative proposals for increasing the burden on Vermonters are discussed.

Chair Kornheiser Unveils New Tax Package

Chair Kornheiser Unveils New Tax Package

House Ways and Means Committee Chair Rep. Emilie Kornheiser (D-Brattleboro) announced her new tax proposals shortly after the Governor’s budget address. These new taxes come into consideration as businesses and workers will soon feel the $100 million first-ever state payroll tax to be levied starting July 1. This tax proposal is also in tandem with statewide concern for double-digit property tax increases and the confusion around how school spending works.

New taxes that have been introduced include:

  • A wealth tax of 3% aimed at tax filers, filing single or jointly, earning over $500,000.
  • A new personal income tax on unrealized capital gains.
  • Moving to a worldwide combined reporting corporate tax.
  • A cloud tax containing tax on software as a service (SaaS), Platform as a Service (PaaS), and Infrastructure as a Service (IaaS).

Raising these taxes will not reduce the tax burden on middle-income Vermonters. To make meaningful progress on improving affordability for middle-income Vermonters we can instead address the root causes of what is making the state unaffordable. The Vermont Chamber will continue to raise concerns about these tax proposals and share with businesses with the potential impact they would have on the Vermont economy in the weeks ahead.

Governor Presents FY25 Budget Focused on Affordability for Vermonters

Governor Presents FY25 Budget Focused on Affordability for Vermonters

Governor Phil Scott delivered his eighth budget address to the General Assembly, presenting a $8.6 billion budget across all funds. The budget focuses on strategic investments, maintaining current services, and sustainable growth without imposing new taxes or fees on Vermonters. The Governor emphasized the need for disciplined budgeting, highlighting organic revenue increases as essential for lasting economic growth. Acknowledging affordability, public safety, and housing challenges, he proposed new initiatives to address each.

Despite unexpected obligations, such as FEMA match payments, the Governor stressed the importance of smart, strategic investments showcased during the post-pandemic period. The budget aligns with fiscal reality, prioritizing fundamentals, and includes ongoing workforce, economic, and community development investments. Governor Scott urged lawmakers to work collaboratively on a balanced approach, encouraging middle-ground solutions that address challenges without burdening Vermonters financially.