ADDENDUM
TO THE
SENATE CALENDAR
OF
TUESDAY
MAY 24, 2005
H. 516
APPROPRIATIONS
COMMITTEE REPORT
Report of Committee on Appropriations
H. 516
TO THE HONORABLE SENATE
The Committee on Appropriations to which was referred House Bill No.
516, entitled “AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT
OF GOVERNMENT”
respectfully report that it has considered the same and recommends that the
Senate propose to the House to amend the bill by striking out all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2006
Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of
state government during fiscal year 2006. It is the express intent of the general
assembly that activities of the various agencies, departments, divisions, boards,
and commissions be limited to those which can be supported by funds
appropriated in this act or other acts passed prior to June 30, 2005. Agency
and department heads are directed to implement staffing and service levels at
the beginning of fiscal year 2006 so as to meet this condition unless otherwise
directed by specific language in this act or other acts of the general assembly.
Sec. 3. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary
source and reference for appropriations for fiscal year 2006.
(b) The sums herein stated are appropriated for the purposes specified in
the following sections of this act. When no time is expressly stated during
which any of the appropriations are to continue, the appropriations are
single-year appropriations, and only for the purpose indicated, and shall be
paid from funds shown as the source of funds. If in this act there is an error in
either addition or subtraction, the totals shall be adjusted accordingly.
Apparent errors in referring to section numbers of statutory titles within this
act may be disregarded by the commissioner of finance and management.
(c) Unless codified or otherwise specified, all narrative portions of this act
apply only to the fiscal year ending June 30, 2006.
(d) The balance of any appropriations remaining unexpended and
unencumbered at the end of the fiscal year shall revert to the appropriate fund
balance unless otherwise specified in this act or other acts of the general
assembly. Refunds of expenditures and reimbursements shall be credited to
the appropriate fund and to appropriation accounts in the current fiscal year.
1
Sec. 4. DEFINITIONS
(a) For the purposes of this act:
(1) "Encumbrances" means a portion of an appropriation reserved for
the subsequent payment of existing purchase orders or contracts. The
commissioner of finance and management shall make final decisions on the
appropriateness of encumbrances.
(2) "Grants" means subsidies, aid, or payments to local governments, to
community and quasi-public agencies for providing local services, and to
persons who are not wards of the state for services or supplies, and cash or
other direct assistance, including pension contributions.
(3) "Operating expenses" means property management, repair and
maintenance; rental expenses; insurance, postage, travel, energy and utilities,
office and other supplies; equipment, including motor vehicles, highway
materials and construction, expenditures for the purchase of land, and
construction of new buildings and permanent improvements; and similar items.
(4) "Personal services" means wages and salaries, fringe benefits, per
diems, and contracted third-party services; and similar items.
Sec. 5. Secretary of administration - secretary's office
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Total
445,340
51,583
400,000
896,923
846,821
50,102
896,923
(a) The secretary of administration and the state archivist jointly are
directed to develop a comprehensive strategy for the management of all
records created by state agencies, including but not limited to the following
areas:
(1) appraisal of all current records management programs required under
3 V.S.A. § 218;
(2) the use and management of electronic records;
(3) the development of records management training.
(b) The secretary of administration shall direct each agency to revise and
implement by September 1, 2005 public records retention and storage policies
based on actual retrieval histories and applicable statutory mandates.
(c) The secretary of administration and the state archivist shall report to the
house and senate committees on government operations and appropriations on
this initiative on or before January 15, 2006, and recommend any statutory
2
changes that will reduce the amount of records maintained and stored by state
agencies.
(d) Of the above appropriation $400,000, is for grants to regional
marketing programs (RMP). These funds plus additional funds appropriated in
this act for regional marketing activities shall continue to be distributed by the
existing formula. RMP funds shall be used on the following marketing
activities (in no specific order): regional websites, consumer/trade shows,
packages/itineraries, regional publications and guides, toll free phone lines and
fulfillment, public relations, advertising, familiarization tours, welcome center
promotion, joint projects, and administration.
Sec. 6. IN-STATE TRAVEL REDUCTION
(a) The secretary of administration is directed to reduce in-state travel
budgets, thereby reducing operating expense appropriations by $125,000 in
general funds throughout the executive branch of state government and in
place of this funding, encourage departments and agencies to utilize Vermont
interactive television for meetings. The secretary shall report to the house and
senate committees on appropriations by the end of December 2006 on the use
of Vermont interactive television by state agencies and departments during
fiscal year 2006.
Sec. 7. Information and innovation - GOVnet
Personal services
Operating expenses
Total
Source of funds
Internal service funds
567,046
189,353
756,399
756,399
Sec. 8. Information and innovation - communications and information
technology
Personal services
Operating expenses
Total
Source of funds
Internal service funds
3,482,819
563,177
4,045,996
4,045,996
(a) The commissioner of information and innovation shall, with the
cooperation of the legislative director of information technology, report to the
general assembly by January 15, 2006 on the potential for conversion of the
current legislative e-mail service to the same system used by the executive
branch. The report shall include direct savings and costs associated with such
a conversion, a time line for such a conversion and how customer service,
training, privacy and security concerns would be addressed in such a
conversion.
(b) The commissioner of information and innovation shall report to the
general assembly by January 15, 2006 on the potential for conversion of the
3
current telephone system to a voice-over internet protocol (VOIP) based
system. The report shall include the estimated cost of such a conversion, the
potential savings a VOIP system may provide, and consideration of customer
service concerns from both the state employee and state citizen perspective.
Sec. 9. Finance and management - financial operations
Personal services
Operating expenses
Total
Source of funds
Internal service funds
2,139,003
1,203,059
3,342,062
3,342,062
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not
to exceed $4,295,964, plus the costs of fiscal year 2006 salary increases
bargained as part of the State/VSEA agreement, are hereby approved. Of this
amount, $867,229 will be used to support the HRMS system that is operated
by the department of human resources.
Sec. 10. Finance and management - budget and management
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Interdepartmental transfer
Total
908,332
128,752
1,037,084
816,881
111,313
108,890
1,037,084
(a) The department of finance and management shall propose to the
legislature on January 15, 2006 the necessary statutory language and process
changes required to consolidate at least 20 percent of the special funds
currently in the statewide accounting system.
Sec. 11. Human resources - operations
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Interdepartmental transfer
Total
1,606,082
314,842
1,920,924
1,281,126
347,778
292,020
1,920,924
Sec. 12. Human resources - HR workforce planning & employment services
Personal services
Operating expenses
Total
841,435
301,357
1,142,792
4
Source of funds
General fund
Transportation fund
Special funds
Total
708,084
199,708
235,000
1,142,792
(a) The commissioner of human resources shall reduce the expense of
utilizing third party contractors in the biannual contract negotiations with the
Vermont state employees’ association by utilizing the allocation within pay act
appropriations for this purpose to fill the deputy commissioner position within
the department of human resources and other support staff deemed necessary
to perform this function.
Sec. 13. Human resources - employee benefits & wellness
Personal services
Operating expenses
Total
Source of funds
Internal service funds
1,448,884
355,564
1,804,448
1,804,448
Sec. 14. Human resources - information technology
Personal services
Operating expenses
Total
Source of funds
Internal service funds
515,184
370,605
885,789
885,789
Sec. 15. Libraries
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
1,881,114
1,573,421
70,000
3,524,535
2,328,186
227,820
812,529
156,000
3,524,535
Sec. 16. Tax - administration/collection
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Tobacco fund
11,477,404
2,684,071
14,161,475
13,167,874
213,601
58,000
5
Special funds
Interdepartmental transfer
Total
542,000
180,000
14,161,475
Sec. 17. Buildings and general services - administration
Personal services
Operating expenses
Total
Source of funds
Interdepartmental transfer
1,438,892
109,308
1,548,200
1,548,200
(a) The department shall eliminate the director of security position.
Savings associated with the elimination of this position shall remain in the
balance of the facilities operations fund to reduce fund deficits or fee for space
charges.
(b) The commissioner of the department may utilize up to $33,000 of funds
allocated for major maintenance for improvements to rooms 27 and 28 of the
state house.
Sec. 18. Buildings and general services - engineering
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Interdepartmental transfer
Total
1,876,190
444,472
2,320,662
2,173,473
102,189
45,000
2,320,662
Sec. 19. Buildings and general services - information centers
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Total
3,294,693
1,202,513
370,000
4,867,206
42,914
4,824,292
4,867,206
Sec. 20. Buildings and general services - purchasing
Personal services
Operating expenses
Total
Source of funds
704,895
169,370
874,265
6
General fund
Transportation fund
Total
656,618
217,647
874,265
Sec. 21. Buildings and general services - public records
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Total
863,949
701,543
1,565,492
1,071,612
182,620
311,260
1,565,492
Sec. 22. Buildings and general services - postal services
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Internal service funds
Total
599,500
142,952
742,452
40,000
30,000
672,452
742,452
Sec. 23. Buildings and general services - copy center
Personal services
Operating expenses
Total
Source of funds
Internal service funds
788,629
215,702
1,004,331
1,004,331
Sec. 24. Buildings and general services - supply center
Personal services
Operating expenses
Total
Source of funds
Internal service funds
246,376
132,601
378,977
378,977
Sec. 25. Buildings and general services - federal surplus property
Personal services
Operating expenses
Total
Source of funds
Enterprise funds
63,749
70,299
134,048
134,048
7
Sec. 26. Buildings and general services - state surplus property
Personal services
Operating expenses
Total
Source of funds
Internal service funds
58,930
65,680
124,610
124,610
Sec. 27. Buildings and general services - property management
Personal services
Operating expenses
Total
Source of funds
Internal service funds
1,240,936
2,606,448
3,847,384
3,847,384
Sec. 28. Buildings and general services - all other insurance
Personal services
Operating expenses
Total
Source of funds
Internal service funds
59,648
11,739
71,387
71,387
Sec. 29. Buildings and general services - general liability insurance
Personal services
Operating expenses
Total
Source of funds
Internal service funds
223,314
38,632
261,946
261,946
Sec. 30. Buildings and general services - workers' compensation insurance
Personal services
Operating expenses
Total
Source of funds
Internal service funds
958,583
152,019
1,110,602
1,110,602
(a) Pursuant to 32 V.S.A. § 307(e), workers' compensation fund charges
not to exceed $8,664,387, plus the costs of fiscal year 2006 salary increases
bargained as part of the State/VSEA agreement, are hereby approved.
Sec. 31. Buildings and general services - fee for space
Personal services
Operating expenses
Total
Source of funds
Internal service funds
10,385,701
9,960,599
20,346,300
20,346,300
8
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges
not to exceed $20,131,621, plus the costs of fiscal year 2006 salary increases
bargained as part of the State/VSEA agreement, are hereby approved.
(b) The following 6 (six) classified positions with any incumbents shall be
moved from the department of health – Vermont state hospital to the
department of buildings and general services: Custodian I (position numbers
740652, 740684, 740716, 741010), Custodian III (position number 740651),
and VSH Housekeeper (position number 740650).
Sec. 32. Geographic information system
Grants
Source of funds
Special funds
393,957
393,957
Sec. 33. Auditor of accounts
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Internal service funds
Total
1,866,196
103,338
1,969,534
468,742
59,317
54,455
1,387,020
1,969,534
Sec. 34. State treasurer
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Private purpose trust fund
Total
2,158,253
329,009
25,000
2,512,262
837,580
104,035
1,475,133
95,514
2,512,262
(a) Of the above general fund appropriation, $25,000 shall be transferred
into the armed services scholarship fund established in 16 V.S.A. § 2541.
Sec. 34a. 32 V.S.A. § 436 is amended to read:
§ 436. INTERFUND BORROWING
Notwithstanding any provisions of law, the state treasurer, with the
approval of the governor, may borrow from any funds heretofore or hereafter
created by the legislature such available amounts as he or she may determine to
9
be necessary or desirable for the purpose of defraying the expenses of
government, including the payment of notes issued for such purposes. Such
borrowing may be only made twice a year; first, during the period commencing
15 business days prior to the end of the state's fiscal year and ending 15
business days after the end of the state's fiscal year, and second, during the
period commencing on December 10, or the preceding Friday if December 10
shall fall on a Saturday or Sunday, and ending on January 10 of the succeeding
year. During the period commencing with the first day of the state's
succeeding fiscal year and ending on a date not more than 15 business days
thereafter, No later than the last day of the period during which the funds were
borrowed the state treasurer shall transfer to any such fund from which such
initial borrowing has been made an amount equal to such borrowed amount,
together with interest thereon at such rate as the state treasurer in his or her
sole discretion shall determine.
Sec. 34b. COMMISSION ON FUNDING THE STATE TEACHERS’
RETIREMENT SYSTEM OF VERMONT PENSION ACCUMULATION
FUND
(a) A commission is created to make recommendations for funding an
adequate, sustainable, and actuarially sound retirement benefit plan for the
state teachers’ retirement system of Vermont. The commission shall be
comprised of the following 13 members:
(1) two members of the house of representatives, appointed by the
speaker of the house;
(2) two members of the senate, appointed by the committee on
committees;
(3) the chair of the board of trustees of the Vermont state teachers’
retirement system;
(4) the commissioner of finance and management;
(5) the commissioner of education;
(6) the state treasurer;
(7) two members of the Vermont national education association,
appointed by the association;
(8) one member of the Vermont superintendents’ association, appointed
by the association;
(9) one member of the Vermont school boards’ association, appointed
by the association; and
(10) one public member with pension and benefit experience, appointed
by the governor.
(b) The commission shall file a report of its recommendations with the
governor and the general assembly on November 15, 2005.
10
(c) Legislative members shall be entitled to per diem compensation and
expenses as provided for in section 406 of Title 2.
Sec. 35. State treasurer - abandoned property
Personal services
Operating expenses
Total
Source of funds
Private purpose trust fund
541,534
242,188
783,722
783,722
Sec. 36. Vermont state retirement system
Personal services
Operating expenses
Total
Source of funds
Pension trust fund
20,448,159
729,324
21,177,483
21,177,483
Sec. 37. Municipal employees' retirement system
Personal services
Operating expenses
Total
Source of funds
Pension trust fund
1,427,518
213,732
1,641,250
1,641,250
Sec. 38. State labor relations board
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Total
157,439
40,128
197,567
187,100
4,597
5,870
197,567
Sec. 39. Executive office - governor's office
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Interdepartmental transfer
Total
1,158,112
369,756
1,527,868
1,206,200
157,483
3,185
161,000
1,527,868
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Sec. 40. Executive office - national and community service
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Federal funds
Total
191,634
121,871
1,745,415
2,058,920
56,528
2,002,392
2,058,920
Sec. 41. VOSHA review board
Personal services
Operating expenses
Total
Source of funds
General fund
Federal funds
Total
31,652
8,542
40,194
20,097
20,097
40,194
Sec. 42. Use tax reimbursement fund - municipal current use
Grants
Source of funds
General fund
Transportation fund
Total
6,898,455
4,569,542
2,328,913
6,898,455
Sec. 43. Lieutenant governor
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
118,723
17,649
136,372
117,089
19,283
136,372
Sec. 44. Legislature
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
2,925,702
2,191,219
5,116,921
4,414,316
702,605
5,116,921
12
Sec. 45. Legislative council
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
1,685,880
136,604
1,822,484
1,588,701
233,783
1,822,484
(a) The amount of $30,000 in general funds that are carried forward in this
appropriation shall revert to the general fund in fiscal year 2006.
Sec. 46. Legislative information technology
Personal services
Operating expenses
Total
Source of funds
General fund
309,186
254,227
563,413
563,413
(a) The amount of $20,000 in general funds that are carried forward in this
appropriation shall revert to the general fund in fiscal year 2006.
Sec. 47. Sergeant at arms
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
444,507
62,909
507,416
466,681
40,735
507,416
Sec. 48. Joint fiscal committee
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
1,045,988
72,385
1,118,373
982,901
135,472
1,118,373
Sec. 49. Lottery commission
Personal services
Operating expenses
Total
Source of funds
Enterprise funds
1,279,592
1,097,167
2,376,759
2,376,759
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(a) The lottery commission shall not reduce funding for the responsible
gambling program.
(b) The lottery commission shall transfer $180,000 to the department of
health, office of alcohol and drug abuse programs, to support the gambling
addiction program.
(c) Notwithstanding any other provision of law, all rules necessary to
implement the Tri-State Triple Play game shall be promulgated by the TriState Lotto Commission, including those portions of the rules that are specific
to the operation of the Tri-State Triple Play game in the state of Vermont.
Sec. 50. Payments in lieu of taxes
Grants
Source of funds
General fund
Special funds
Total
2,500,000
600,000
1,900,000
2,500,000
(a) The above appropriation is for state payments in lieu of property taxes
under subchapter 4 of chapter 123 of Title 32, and the payments shall be
calculated in addition to, and without regard to, the appropriations for PILOT
for Montpelier and correctional facilities elsewhere in this act.
Sec. 51. Payments in lieu of taxes - Montpelier
Grants
Source of funds
General fund
184,000
184,000
Sec. 52. Payments in lieu of taxes - correctional facilities
Grants
Source of funds
General fund
40,000
40,000
Sec. 53. Total general government
126,158,239
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Enterprise funds
Internal service funds
Pension trust funds
Private purpose trust funds
Interdepartmental transfer
Total
14
39,311,479
10,065,473
5,148,680
58,000
2,835,018
2,510,807
40,039,703
22,818,733
879,236
2,491,110
126,158,239
Sec. 54. Protection to persons and property - attorney general
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
5,356,126
924,563
6,280,689
2,822,155
69,615
1,112,209
290,000
617,000
1,369,710
6,280,689
(a) Of the above appropriation, $25,000 shall be reserved by the attorney
general for payment of expenses incurred by towns in defense of grand list
appeals engaged in litigation with the Washington electric cooperative.
(b) Notwithstanding any other provisions of law, the office of the attorney
general, Medicaid fraud control unit is authorized to retain one-half of any civil
monetary penalty proceeds from global Medicaid fraud settlements. All
penalty funds retained shall be used to finance Medicaid fraud and residential
abuse unit activities.
Sec. 54a. 33 V.S.A. § 2005(a) is amended to read:
§ 2005. PHARMACEUTICAL MARKETERS
(a)(1) Annually on or before January 1 December 1 of each year, every
pharmaceutical manufacturing company shall disclose to the office of the
attorney general the value, nature, and purpose of any gift, fee, payment,
subsidy, or other economic benefit provided in connection with detailing,
promotional, or other marketing activities by the company, directly or through
its pharmaceutical marketers, to any physician, hospital, nursing home,
pharmacist, health benefit plan administrator, or any other person in Vermont
authorized to prescribe, dispense, or purchase prescription drugs in this state.
Disclosure shall include the name of the recipient. Disclosure shall be made
on a form and in a manner prescribed by the office of the attorney general and
shall require pharmaceutical manufacturing companies to report the value,
nature, and purpose of all gift expenditures according to specific categories.
The office of the attorney general shall report annually on the disclosures made
under this section to the general assembly and the governor on or before March
1 April 1.
(2) Annually in the month of October on October 1, each company
subject to the provisions of this section also shall disclose to the office of the
attorney general, the name and address of the individual responsible for the
company’s compliance with the provisions of this section, or if this
information has been previously reported, any changes to the name or address
15
of the individual responsible for the company’s compliance with the provisions
of this section.
***
Sec. 54b. COMMISSION ON SOCIAL SECURITY NUMBER USAGE
AND OTHER PRIVACY ISSUES
(a) The Social Security Usage Study Commission is hereby created to
study the usage of Social Security numbers and other privacy issues in the
public and private sector. The commission shall consist of the following
members: one representative from the agency of administration, one
representative from the attorney general’s office, one representative from the
agency of human services, one representative from the agency of commerce
and community development, one representative from the department of
banking, insurance, securities, and health care administration, two members of
the senate chosen by the committee on committees, and two members of the
house of representatives chosen by the speaker of the house. The commission
shall be chaired by the attorney general’s office. The commission shall solicit
participation from the Vermont League of Cities and Towns and any other
interested affected parties. The commission shall study the use of Social
Security numbers by both public and private entities and develop proposals for
reducing such use wherever possible and protecting privacy and security when
the numbers must be used. Assessment of the appropriate implementation
periods, investigation of any potential secondary effects, and prohibiting the
following shall be considered by the commission:
(1) printing of an individual’s Social Security number on any card
required for the individual to access products or services provided by the
entity;
(2) requiring that an individual transmit his or her Social Security
number over the internet, unless the connection is secure or the Social Security
number is encrypted and requiring an individual to use his or her Social
Security number to access an internet website, unless a password or unique
personal identification number or other authentication device is also required
to access the internet website; or
(3) printing of an individual’s Social Security number on any materials
that are mailed to the individual, unless state or federal law requires the Social
Security number to be on the materials.
(b) The commission shall also study the issue of security breaches
experienced by collectors of personal information about consumers, and shall
develop proposals for effectively notifying consumers about such security
breaches.
(c) The commission shall prepare recommendations and report to the senate
committees on judiciary and finance and the house committees on commerce
and judiciary on or before January 15, 2006.
16
Sec. 54c.
EXTENSION OF SUNSET; CONFIDENTIALITY AND
NONCOMMERCIAL DISTRIBUTION OF CERTAIN TAX RECORDS
AND DATA
Sec. 6 of Act No. 158 of the Acts of 2004 is amended to read:
Sec. 6. SUNSET
This act shall expire on June 30, 2005 2006, and sections of the Vermont
Statutes Annotated which are amended by this act shall revert to the language
in effect prior to the effective date of this act.
Sec. 55. Vermont court diversion
Grants
Source of funds
General fund
Transportation fund
Special funds
Total
1,525,071
981,093
143,978
400,000
1,525,071
Sec. 56. Center for crime victims services
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
1,035,455
220,612
7,425,277
8,681,344
1,018,644
3,541,155
4,058,345
63,200
8,681,344
Sec. 57. State's attorneys
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
7,822,300
1,203,460
9,025,760
6,826,903
369,310
146,375
5,000
1,678,172
9,025,760
Sec. 58. Sheriffs
Personal services
Operating expenses
Total
2,777,546
307,269
3,084,815
17
Source of funds
General fund
Transportation fund
Total
2,514,576
570,239
3,084,815
(a) Of the above appropriation, $15,000 shall be transferred to the state's
attorneys’ office as reimbursement for the cost of the executive director's
salary.
Sec. 59. Defender general - public defense
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Interdepartmental transfer
Total
5,711,340
636,231
6,347,571
5,230,918
495,230
502,502
118,921
6,347,571
Sec. 60. Defender general - assigned counsel
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Total
2,734,829
52,850
2,787,679
2,448,441
239,238
100,000
2,787,679
Sec. 61. Military - administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
450,746
152,035
200,000
802,781
802,781
(a) Of the above appropriation, an amount not to exceed $200,000 shall be
disbursed to the Vermont student assistance corporation to replenish the
amount available for the national guard scholarship program established in 16
V.S.A. § 2856 to a level of $200,000. At the end of fiscal year 2006, any part
of the $200,000 appropriation not transferred to the Vermont student assistance
corporation shall be reverted to the general fund.
(b) Total disbursements by the Vermont student assistance corporation
under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2006.
18
Sec. 62. Military - air service contract
Personal services
Operating expenses
Total
Source of funds
General fund
Federal funds
Total
3,838,895
837,681
4,676,576
322,658
4,353,918
4,676,576
Sec. 63. Military - army service contract
Personal services
Operating expenses
Total
Source of funds
General fund
Federal funds
Total
2,692,018
5,780,134
8,472,152
110,470
8,361,682
8,472,152
Sec. 64. Military - building maintenance
Personal services
Operating expenses
Total
Source of funds
General fund
883,960
383,512
1,267,472
1,267,472
Sec. 65. Military - veterans' affairs
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
246,316
108,740
121,165
476,221
476,221
(a) Of the above appropriation, $15,000 shall be used for continuation of
the Vermont Medal Program, $40,000 shall be used to provide assistance to the
survivors of casualties in the War on Terrorism, $10,000 shall be used for the
expenses of the governor's Veterans' Advisory Council, and $15,000 shall be
used for the Veterans’ Day Parade.
(b) Of the above appropriation, $5,000 shall be granted to the Vermont
state council of the Vietnam Veterans of America to fund the service officer
program.
Sec. 66. Labor and industry
Personal services
Operating expenses
Grants
3,365,123
789,650
75,000
19
Total
Source of funds
General fund
Special funds
Federal funds
Total
4,229,773
836,000
2,254,281
1,139,492
4,229,773
Sec. 67. Criminal justice training council
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Interdepartmental transfer
Total
873,949
880,979
1,754,928
902,574
281,919
500,435
70,000
1,754,928
Sec. 68. Liquor control - enforcement and licensing
Personal services
Operating expenses
Total
Source of funds
Tobacco fund
Enterprise funds
Total
1,557,469
155,685
1,713,154
289,768
1,423,386
1,713,154
Sec. 68a. DEPARTMENT OF LIQUOR CONTROL; CABARET LICENSE;
REFUND AUTHORITY
(a) Upon request of a holder of a first and third class cabaret license, the
department of liquor control shall refund the fee paid for the cabaret license fee
prorated from the date of the request until the expiration of the cabaret license,
provided the cabaret license was acquired for the purpose of permitting
smoking in the cabaret licensed area.
Sec. 69. Liquor control - administration
Personal services
Operating expenses
Total
Source of funds
Enterprise funds
1,250,029
352,646
1,602,675
1,602,675
Sec. 70. Liquor control - warehousing and distribution
Personal services
Operating expenses
Total
716,954
165,065
882,019
20
Source of funds
Enterprise funds
882,019
Sec. 71. Vermont racing commission
Personal services
Operating expenses
Total
Source of funds
General fund
2,076
2,924
5,000
5,000
Sec. 72. Secretary of state
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
3,603,036
2,746,911
6,349,947
583,525
3,691,422
2,000,000
75,000
6,349,947
(a) Of the above special fund appropriation, the corporation division of the
secretary of state's office represents $456,403 and these funds shall be from the
securities regulation and supervision fund in accordance with 9 V.S.A.
§ 4230(b).
Sec. 73.
banking
Banking, insurance, securities, and health care administration Personal services
Operating expenses
Total
Source of funds
Special funds
1,141,527
248,745
1,390,272
1,390,272
(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2006, the
commissioner of banking, insurance, securities, and health care administration
may transfer up to $200,000 from the securities regulation and supervision
fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 74. Banking, insurance, securities, and health care administration insurance
Personal services
Operating expenses
Total
Source of funds
Special funds
3,017,341
530,135
3,547,476
3,547,476
21
Sec. 75.
captive
Banking, insurance, securities, and health care administration Personal services
Operating expenses
Total
Source of funds
Special funds
2,565,519
387,214
2,952,733
2,952,733
Sec. 76. Banking, insurance, securities, and health care administration securities
Personal services
Operating expenses
Total
Source of funds
Special funds
519,436
130,100
649,536
649,536
Sec. 77. Banking, insurance, securities, and health care administration - health
care administration
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Interdepartmental transfer
Total
3,609,269
358,002
3,967,271
469,832
3,397,439
100,000
3,967,271
Sec. 78. Banking, insurance, securities, and health care administration administration
Personal services
Operating expenses
Total
Source of funds
Special funds
922,370
48,000
970,370
970,370
Sec. 79. Public safety - administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
1,528,205
27,548
22,000
1,577,753
1,577,753
(a) The department of public safety shall provide business manager
services for the Vermont criminal justice training council.
22
(b) The department of public safety shall submit a plan for development of
a statewide public safety communications system to the house and senate
committees on appropriations and government operations and the joint fiscal
committee. No funds are to be expended for design, acquisition, or
implementation of a new statewide public safety communications system
pending review by the aforementioned committees and approval by the joint
fiscal committee.
(c) The law enforcement advisory board is requested to include comments
and recommendations on the proposed statewide public safety communications
system in its next report to the governor and the general assembly.
(d) The commissioner of public safety and the commissioner of health shall
work cooperatively to transition the forensic alcohol program from the
Vermont department of health to the department of public safety as soon as
administratively possible. By January 15, 2006, the commissioner of public
safety shall report to the house and senate committees on judiciary on the
timeline for this transition.
(e) Of the above appropriation, $26,000 shall be used for a grant to the
Essex County sheriff department.
Sec. 80. Public safety - homeland security
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Federal funds
Interdepartmental transfer
Total
851,441
974,324
11,771,817
13,597,582
363,007
13,217,575
17,000
13,597,582
Sec. 81. Public safety - Vermont state police
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
36,321,326
6,337,277
1,759,547
44,418,150
17,488,274
18,555,988
3,369,661
4,458,538
545,689
44,418,150
(a) The above appropriation for personal services provides funding for 316
state troopers, including 10 “corridor” troopers. Three additional troopers are
23
funded in the homeland security section for a total of 319, the same number as
in fiscal year 2005. The above appropriation for operating expenses includes
$942,000 for the purchase of replacement vehicles.
(b) Of the above appropriation, $35,000 in special funds shall be available
for snowmobile law enforcement activities and $35,000 in general funds shall
be available to the southern Vermont wilderness search and rescue team, which
comprises state police, the department of fish and wildlife, county sheriffs, and
local law enforcement personnel in Bennington, Windham, and Windsor
counties for snowmobile enforcement.
(c) Of the $230,000 allocated for local heroin interdiction grants funded in
this section, $190,000 shall be used by the Vermont drug task force to fund
three (3) town task force officers. These town task force officers will be
dedicated to heroin and heroin-related drug (e.g. methadone, oxycontin, crack
cocaine, and methamphetamine) enforcement efforts. The remaining $40,000
shall remain as a "pool" of money available to local and county law
enforcement to fund overtime costs associated with heroin investigations. Any
unexpended funds from prior fiscal years shall be carried forward.
(d) In the event that federal funding currently supporting the Vermont drug
task force is reduced, the department shall redirect any other federal funds that
may utilized for this purpose, including the methamphetamine grant and shall
redirect available state resources to maintain the activities of the task force.
(e) The law enforcement advisory board created pursuant to 24 V.S.A. §
1939 shall study the relationship between the state police and local coverage to
ensure effective coverage in a cost-effective manner for Vermonters.
Specifically it shall:
(1) Develop a list of the duties of the department of public safety that
cover the entire state such as the crime lab, special investigations and the
mission and duties of the state police;
(2) Review the state police coverage and state and local public safety
relationships in other states such as New Hampshire and Connecticut and
consider models that require communities with over 3,500 in population to
provide or pay for their law enforcement;
(3) Develop ideas for several pilot projects that use local law
enforcement to enhance day-to-day coverage and free the state police to focus
on its mission and statewide responsibilities;
(4) Submit recommendations to the house and senate committees on
judiciary and appropriations as part of its annual submission to the general
assembly in January 2006.
Sec. 82. Public safety - criminal justice services
Personal services
Operating expenses
4,903,618
3,585,669
24
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
3,969,200
12,458,487
250,000
4,100,407
1,256,685
6,272,395
579,000
12,458,487
Sec. 83. Public safety - emergency management
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
1,495,775
532,443
630,012
2,658,230
63,969
367,903
2,223,858
2,500
2,658,230
Sec. 84. Public safety – emergency management - radiological emergency
response plan
Personal services
Operating expenses
Grants
Total
Source of funds
Special funds
548,205
271,030
496,112
1,315,347
1,315,347
(a) Of the above appropriation, the grants to the department of health are
increased by $13,911 over fiscal year 2005 and are level-funded for other state
agencies.
(b) Of the above appropriation, $87,028 is provided to establish a western
reception center. This is subject to selection and approval of a site by the
commissioner of public safety and VEM/RERP in collaboration with officials
of the Emergency Planning Zone (EPZ).
(c) The radiological emergency response plan (RERP) functions and
funding shall be a separate appropriation in fiscal year 2006 and henceforth.
(d) In fiscal year 2006, the division of emergency management in
collaboration with the state agencies, the management of the nuclear power
plant, the selectboards of the municipalities in the emergency planning zone,
the Windham regional planning commission, and any other municipality
defined by the state as required to support the RERP shall develop the budget
25
for expenditures from the radiological emergency response plan fund for fiscal
year 2007 following the provisions of 20 V.S.A. § 38(a). From the fund, each
town within the emergency planning zone shall receive an annual base
payment of no less than $5,000 for radiological emergency response related
expenditures. Additional expenditures by the municipalities in the emergency
planning zone, the Windham regional planning commission, and any other
municipality defined by the state as required to support the plan shall be
determined during the budget development process established by this section.
(e) Of the above special fund appropriation, up to $30,000 shall be
available to contract with any radio station serving the emergency planning
zone for the emergency alert system.
Sec. 85. Public safety - fire safety
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
3,140,922
1,029,628
4,170,550
582,688
80,964
3,195,514
92,384
219,000
4,170,550
(a) Of the above general fund appropriation, $50,000 shall be granted to the
Vermont rural fire protection task force for the purpose of designing dry
hydrants.
Sec. 86. Agriculture, food and markets - administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
880,196
453,668
315,504
1,649,368
1,382,535
117,216
91,004
58,613
1,649,368
Sec. 87. Agriculture, food and markets - food safety and consumer protection
Personal services
Operating expenses
Grants
Total
Source of funds
2,360,887
281,572
2,901,492
5,543,951
26
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
1,381,891
38,862
3,344,115
772,083
7,000
5,543,951
Sec. 88. Agriculture, food and markets - agricultural development
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Total
816,602
504,152
1,049,421
2,370,175
609,472
1,571,703
189,000
2,370,175
Sec. 89. Agriculture, food and markets - laboratories, agricultural resource
management and environmental stewardship
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
3,003,076
554,576
616,000
4,173,652
1,805,695
1,497,845
598,324
271,788
4,173,652
Sec. 90. Agriculture, food and markets - state stipend
Grants
Source of funds
General fund
175,000
175,000
Sec. 91. Agriculture, food and markets - mosquito control
Personal services
Operating expenses
Total
Source of funds
Special funds
20,000
70,000
90,000
90,000
Sec. 92. Public service - regulation and energy
Personal services
Operating expenses
4,464,769
631,466
27
Grants
Total
Source of funds
Special funds
Federal funds
Interdepartmental transfer
Total
800,000
5,896,235
4,713,435
1,157,800
25,000
5,896,235
(a) Of the above appropriation, $10,000 shall be used for a grant to
Vermont Public Power Supply Authority to study the viability of a farm
methane renewable energy generation project in Enosburg Falls.
Sec. 93. Public service - purchase and sale of power
Personal services
Operating expenses
Total
Source of funds
Special funds
10,600
2,215
12,815
12,815
Sec. 94. Enhanced 9-1-1 board
Personal services
Operating expenses
Total
Source of funds
Special funds
2,020,257
397,331
2,417,588
2,417,588
Sec. 95. Public service board
Personal services
Operating expenses
Total
Source of funds
Special funds
2,380,294
310,000
2,690,294
2,690,294
Sec. 96. Judiciary
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
24,276,133
6,576,667
30,852,800
24,803,705
3,028,595
622,500
40,000
333,000
2,025,000
30,852,800
28
(a) The court administrator shall submit to the house and senate committees
on appropriations and judiciary, no later than January 1, 2006, a plan and
budget for the staffing and provision of court security services throughout the
state. The plan and budget should be based on the recommendations of the
Supreme Court’s “Court Security Advisory Committee.”
(b) The establishment of two (2) new exempt positions – one (1) Judicial
Bureau Docket Clerk and one (1) Guardian ad Litem Volunteer Coordinator –
is authorized in fiscal year 2006.
(c) The supreme court by administrative order shall direct the court
administrator to revise and implement by September 1, 2005 public records
retention and storage policies for all courts, based on actual retrieval histories
and applicable statutory mandates.
(d) The court administrator shall report to the house and senate committees
on government operations and appropriations on the records storage reduction
initiative on or before January 15, 2006, and recommend any statutory changes
that will reduce the amount of records maintained and stored by state agencies.
Sec. 96a. 12 V.S.A. § 5540 is recodified as 4 V.S.A. chapter 30, § 1201 and
amended to read:
§ 5540 1201. JURISDICTION OVER SMALL CLAIMS; ASSISTANT
JUDGES; ESSEX, CALEDONIA AND RUTLAND COUNTIES
(a) Subject to the limitations in this section and notwithstanding any
provision of law to the contrary, an assistant judges of Essex, Caledonia and
Rutland counties sitting alone, judge, who has served in that office for a
minimum of one year, may elect to hear and decide small claims actions filed
under this chapter chapter 187 of Title 12 with the Essex, Caledonia and
Rutland superior courts.
(b) With the exception of the assistant judges that were authorized to
preside in small claims matters prior to the effective date of this act or July 1,
1998, whichever is later July 1, 2005, an assistant judge hearing cases under
this section shall have completed at least 60 100 hours of relevant training and
testing, and observed 20 hours of small claims hearings in accordance with the
protocol for said training and observation which shall be established in
accordance with the provisions of this chapter by a majority of the assistant
judges of the state, which may include attendance at colleges or classes
available in various locations in and outside the state to lay judges. Training
shall be paid for on a per capita basis of those judges electing to take the
training by the county, which expenditure is hereby authorized. Law clerk
assistance available to superior court judges shall be available to the assistant
judges.
(c) A decision of an assistant judge shall be entered as a small claims
judgment and may be appealed pursuant to section 5538 of this title Title 12.
The appeal shall be decided by the presiding judge.
29
(d) An assistant judge who elects to hear and decide small claims cases or
who elects to cease hearing these matters shall cause the superior court clerk to
notify the court administrator and the Essex, Caledonia and Rutland superior
court clerks of the judge's decision. Upon receipt of notification that an
assistant judge elects to hear these matters and every small claims case which
requires a hearing shall be set for hearing before an assistant judge in the
superior court in the county. If the assistant judge is unavailable due to illness,
disability or disqualification, the administrative judge pursuant to section 22 of
Title 4 may assign a judge, or appoint and assign a member of the Vermont bar
to serve temporarily as an acting judge, to hear small claims cases in the
county where the cause of action was filed. No action filed or pending shall be
heard at or transferred to any other location unless agreed to by the parties. If
both assistant judges of the county elect to hear these matters, the senior
assistant judge shall make the assignment of cases to be heard by each assistant
judge. The assistant judges, once qualified to preside in these matters, shall
work with the court administrator's office and the administrative judge such
that the scheduling of small claims cases before the assistant judges are at such
times as to permit adequate current court personnel to be available when these
cases are to be heard.
Sec. 96b. REPEAL
(a) 12 V.S.A. § 5540a (jurisdiction over small claims; assistant judges;
Addison, Bennington, Chittenden, Franklin, Grand Isle, Lamoille, Orange,
Orleans, Washington, Windham, and Windsor counties) is repealed.
Sec. 96c. CASH ADVANCES; COUNTY CLERKS
(a) Notwithstanding the provisions of 32 V.S.A §§ 469 and 470, cash
advances to county clerks shall be administered in the same manner as
advances for district courts under the provisions of 32 V.S.A § 466.
Sec. 97. 10 V.S.A. § 6618(b) is amended to read:
(b) The secretary may authorize disbursements from the solid waste
management assistance account for the purpose of enhancing solid waste
management in the state in accordance with the adopted waste management
plan. This includes:
***
(7) a portion of the costs of administering the waste facility panel
established under subchapter 5 of chapter 151 of this title environmental court
established under chapter 27 of Title 4. The amount of $120,000.00 per fiscal
year shall be disbursed for this purpose;
***
Sec. 98. Human rights commission
Personal services
Operating expenses
353,523
84,182
30
Total
Source of funds
General fund
Federal funds
Total
437,705
278,014
159,691
437,705
Sec. 98a. 9 V.S.A. § 4553(a)(6)(D) is amended to read:
(D) costs and reasonable attorney’s fees associated with the
investigation and enforcement of actions; any such costs or fees recovered by
the human rights commission under this chapter shall be deposited in the
commission’s special fund and shall be available to the commission to offset
the costs of providing legal services;
Sec. 98b. 9 V.S.A. § 4551(a) is amended to read:
(a) The human rights commission is hereby established. It shall consist of
five members to be appointed by the governor, who shall designate one
member to be its chair. No more than three members shall be of the same
political party. At least one member shall be of a racial minority.
Sec. 99. Total protection to persons and property 219,948,967
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Enterprise funds
Interdepartmental transfer
Total
78,317,297
28,038,314
51,738,826
619,768
50,101,089
3,908,080
7,225,593
219,948,967
Sec. 100. Human services - agency of human services - secretary's office
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Tobacco fund
Federal funds
Interdepartmental transfer
Total
3,746,236
1,245,070
7,625,086
12,616,392
4,522,196
1,375,845
5,718,351
1,000,000
12,616,392
(a) Notwithstanding any other provisions of law, workers employed by
persons who receive assistance from the agency of human services to procure
attendant, personal care, or respite services or who utilize a qualified
intermediary service organization providing services on behalf of the state
31
shall not be considered state employees, except for purposes of 21 V.S.A.
chapter 17.
(b) Notwithstanding any other provisions of law, the state may provide
workers' compensation coverage to workers employed by persons who receive
assistance from the agency of human services to procure attendant, personal
care, or respite services, and the state shall not be considered their employer.
The state may also either permit a qualified intermediary service organization
to purchase group insurance policies for persons served by their organization,
or deem such persons to be members of an association and eligible for selfinsurance under 21 V.S.A. § 687a for purposes of providing workers'
compensation. This provision is intended solely to reduce costs of providing
workers' compensation and shall not be considered for any other purpose.
(c) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds
allocated for the “high risk pool” and costs related to juvenile justice as
outlined in this section as well as the substance-abuse-related allocations in
subsection (i) outlined in this section to the departments in the agency of
human services designated to provide these services.
(d) Of the above tobacco settlement funds, $49,000 shall be used to provide
a grant to the project against violent encounters for a statewide program for
substance abuse prevention and mentoring program for youth.
(e) Of the above tobacco fund appropriation, $100,000 shall be used for a
grant to Lamoille County people in partnership for wrap-around services for atrisk youth.
(f) Of the above tobacco fund appropriation, $100,000 with any
corresponding federal matching funds shall be for comprehensive treatment
services and $15,000 for safe housing provisions for at-risk youth.
(g) Of the above general fund appropriation, $30,000 shall be granted to
Prevent Child Abuse Vermont for a comprehensive health education and
violence prevention curriculum for seventh and eighth grade students.
(h) Of the above general fund appropriation, $8,000 shall be granted to the
Vermont council of girl scouts, of which $5,000 shall be used to support a girl
scout special project to assist girls with incarcerated mothers and $3,000 shall
be used to support a school vacation program.
(i) Of the above appropriation, a total of $3,954,605 consisting of
$1,788,787 in general funds, $811,845 in tobacco funds, and $1,353,973 in
federal funds shall be used for the comprehensive substance abuse prevention
and treatment component of the drug education treatment enforcement and
rehabilitation program (DETER).
(1) The amount of $1,440,660, of which $761,359 is from general and
tobacco funds, shall be used to support the outpatient treatment, case
management, and drug court component of the program. Of the general and
tobacco funds, $189,831 shall be allocated to the Rutland County drug court
32
and shall be reserved to provide appropriate drug testing, case management,
and other outpatient and inpatient treatment consistent with the design of the
Rutland County drug court. These are the state funds the agency of human
services shall use as match for year 2 federal funds from the 2003 Department
of Justice drug court implementation grant award.
(2) The amount of $439,316, of which $202,808 is from general funds
and $141,120 is from tobacco funds, shall be used to fund student assistance
counselors.
(3) The amount of $599,067, of which $518,010 is from general funds
and $45,000 is from tobacco funds, shall be used for residential treatment
programs, including transitional halfway house programs, including the
serenity house program.
(4) The amount of $390,000, of which $140,000 is from general funds
and $250,000 is from tobacco funds, shall be used for recovery centers as
follows:
(A) $270,000 shall be distributed to recovery centers in Springfield,
St. Johnsbury, Rutland, Burlington, Bennington, and Barre in the amounts of at
least $35,000, but not more than $55,000, per fiscal year to each center;
(B) $25,000 to the recovery center in White River Junction;
(C) $95,000 to the department of health for development of, and
grants to, two new recovery centers, assistance to recovery centers, and
programming and evaluation of recovery centers.
(5) The department of health shall be advised by an executive council of
Vermont’s recovery center network on an ongoing basis to prioritize service
needs, to assist with the review of recovery center funding proposals, and to
provide recommendations for disbursement of funds to the recovery centers.
This executive council will consist of the director of the upper valley substance
abuse foundation, a representative from the department of health, the director
of FOR-VT, and four members elected by the recovery leadership network,
which is comprised of a representative from each of the recovery centers.
(6) The amount of $1,180,504, of which $403,255 is from general funds
and $234,022 is from tobacco funds, shall be used for opiate treatment
programs, including buprenorphine and methadone and treatment for pregnant
and postpartum women.
(j) Of the above tobacco fund appropriation, $200,000 along with available
matching federal funds shall be available for services required for petitions
filed by the agency under 33 V.S.A. § 5517(e).
(k) The agency of human services shall report to the joint fiscal committee
prior to January 1, 2006 on all existing information and referral lines across the
agency and the lines that they propose to consolidate with the 2-1-1 program.
33
The report shall also include an update on the status of the 2-1-1 information
line.
(l) The secretary of the agency shall implement master contracts with
community providers as described in the agency of human services strategic
plan dated February 2005, as soon as administratively feasible for the agency
and the providers.
(1) The secretary shall consult with all agency of human services
commissioners and the commissioner of education to coordinate master
contracts.
(2) The secretary of human services shall ensure that the funds allocated
in the department budgets for programs provided by the Lund Family Center
can be transferred across programs of the Lund Family Center and may modify
definitions and program criteria as necessary to allow the transfer.
Sec. 101. Rate setting
Personal services
Operating expenses
Total
Source of funds
Interdepartmental transfer
632,040
92,395
724,435
724,435
Sec. 102. Human services board
Personal services
Operating expenses
Total
Source of funds
General fund
Federal funds
Interdepartmental transfer
Total
278,443
40,298
318,741
129,693
134,679
54,369
318,741
Sec. 103. Developmental disabilities council
Personal services
Operating expenses
Grants
Total
Source of funds
Federal funds
110,310
27,237
350,838
488,385
488,385
Sec. 104. Office of Vermont health access – administration
Personal services
Operating expenses
Total
Source of funds
24,263,444
681,014
24,944,458
34
Special funds
Federal funds
Total
12,085,633
12,858,825
24,944,458
(a) The department shall transfer $100,000 of the above special fund
appropriation to the department for children and families for the purpose of
hiring additional quality assurance staff to review eligibility for long-term care
services in the Medicaid program.
(b) With the approval of the secretary of administration and the secretary of
human services, the office of Vermont health access is authorized to identify
and convert two (2) classified positions to two (2) exempt positions and create
one (1) new exempt position.
Sec. 104a. Office of Vermont health access – Medicaid program
Grants
Source of funds
Special funds
Federal funds
Total
584,715,330
242,799,425
341,915,905
584,715,330
(a) The office of Vermont health access shall implement the following
provisions relating to provider payments from the appropriations in this
section.
(1) Hospital fees shall be amended to reduce the projected fiscal year
2006 spending by $17,950,000. In fiscal year 2006, hospitals shall be allowed
to increase charges to the extent necessary to offset the reduction in fees
necessary to achieve this reduction in spending.
(2) Home health agency fees shall be reduced by $500,000.
(3) Dentists’ fees shall be amended to reduce spending by $243,309.
The reduction shall be targeted to health services received by adults to
minimize the impact on dental services for children.
(4) The amount of $1,750,000 in reductions shall be made in
reimbursement rates to providers who use Current Procedural Technology
(CPT) codes, but shall be implemented to minimize the impact on primary care
services.
(5) Nursing home costs shall be calculated using an assumed occupancy
rate of 93 percent.
(b) The reductions in this section of the act shall be targeted to minimize
the adverse impact on children and on the provision of primary care health
services.
Sec. 104b. FUND APPROPRIATION AND TRANSFER
(a) The sum of $78,104,989 is appropriated and transferred from the
general fund to the health access trust fund in fiscal year 2006.
35
(b) The sum of $17,250,000 is appropriated and transferred from the
tobacco litigation settlement fund to the health access trust fund in fiscal year
2006.
Sec. 104c.
REPORT
OTHER MEDICAID APPROPRIATIONS; TRANSFER;
(a) In addition to the appropriations in this act, all other appropriations of
state, federal, and special fund amounts for Medicaid programs and purposes
made in the fiscal year 2006 general appropriations act, or any other act
appropriating funds in fiscal year 2006, shall be transferred to the health access
trust fund established by section 1972 of Title 33 for use in fiscal year 2006 by
the agency of human services for purposes of the trust fund. The agency shall
submit reports on any transfers made in accordance with this section to the
joint fiscal committee on July 1, September 1, and November 1 for committee
review and consideration at its July, September, and November 2005
committee meetings.
Sec. 105. Health - administration and support
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
5,606,480
1,477,930
7,084,410
1,864,184
1,701
5,214,525
4,000
7,084,410
Sec. 106. Health - health protection
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
3,561,696
680,062
1,574,400
5,816,158
1,165,201
942,000
3,321,732
387,225
5,816,158
Sec. 107. Health - health surveillance
Personal services
Operating expenses
Grants
Total
Source of funds
7,258,188
1,900,115
2,461,560
11,619,863
36
General fund
Special funds
Federal funds
Permanent trust funds
Interdepartmental transfer
Total
3,562,198
1,254,750
6,672,515
10,000
120,400
11,619,863
(a) The amount of $250,000 of the above general fund appropriation and at
least $50,000 of the above federal fund appropriation shall be appropriated to
the Vermont AIDS service organizations for client-based support services. The
grants in this section shall be awarded equitably on a per-client basis and shall
be used for services. No more than 15 percent may be used for the
administration of such services by the Vermont AIDS service organizations.
The method by which AIDS service organizations’ clients are counted shall be
determined by mutual agreement of the department of health, the AIDS service
organizations, and the HIV/AIDS service advisory council (HASAC). The
department of health AIDS program shall be guided and advised by HASAC
on an ongoing basis in prioritizing service needs in the disbursement of these
funds. The department of health AIDS program shall meet at least quarterly
with HASAC and shall provide HASAC with current information and data
relating to service initiatives.
(b) The amount of $175,000 of the above general fund appropriation shall
be used for all aspects of the HIV/AIDS medication assistance program
(AMAP), including costs of prescribed medications, related laboratory testing,
nutritional supplements, and maximum cost-effectiveness for the program.
Any remaining AMAP general funds at the end of the fiscal year shall be
equitably distributed to Vermont AIDS service organizations as provided for
under subsection (a) of this section.
(c) The amount of $100,000 of the above general fund appropriation shall
be appropriated to the Vermont AIDS service organizations and other
Vermont HIV/AIDS prevention providers for community-based HIV
prevention programming which are currently not supported by federal funds
due to federal restrictions. These funds shall be used for HIV/AIDS prevention
purposes, including, but not limited to, improving the availability of
confidential and anonymous HIV testing; prevention work with at-risk groups
such as women, intravenous drug users, and people of color; anti-stigma
campaigns; and promotion of needle exchange programs. No more than 10
percent of the funds may be used for the administration of such services by the
recipients of these funds. The method by which these prevention funds shall
be distributed shall be determined by mutual agreement of the department of
health, AIDS service organizations, the HIV/AIDS Service Advisory
Committee (HASAC), and the Community Planning Group (CPG). The
department of health AIDS program shall be guided and advised by HASAC
and CPG on an ongoing basis in prioritizing prevention service needs in the
disbursement of these funds.
37
(d) The secretary of human services shall immediately notify the joint
fiscal committee if, at any time, there are insufficient funds in AMAP to assist
all eligible individuals. The secretary shall work in cooperation with persons
living with HIV/AIDS to develop a plan to continue access to AMAP
medications until such time as the general assembly can take action.
(e) The secretary of human services shall work in conjunction with the
AMAP advisory committee, which shall be comprised of no less than 50
percent of members who are living with HIV/AIDS. The committee shall
make recommendations regarding the program’s formulary of approved
medication, related laboratory testing, nutritional supplements, and eligibility
for the program.
Sec. 108. Health - health improvement
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
8,355,130
1,155,320
9,080,086
18,590,536
3,263,034
733,502
3,481,423
11,105,577
7,000
18,590,536
(a) The department of health may carry forward any unspent portion of
funds designated for health professional loan repayment. These funds may be
used either alone or to match federal National Health Service Corps loan
repayment funds, local funds, or private funds, and shall be made available to
primary care providers, dentists, licensed nurses, and dental hygienists who
agree to practice for a prescribed period of time in the state or at an accredited
hospital within 10 miles of the Vermont border, serving a portion of the state
designated as a health professional shortage population, or other rural or
underserved areas. Educational scholarships, loan repayment grants, loan
deferment payments, and payments of taxes due on the award may be
considered for payment.
(b) The above tobacco fund appropriation in this section shall be utilized
according to the provisions of 18 V.S.A. chapter 225 as follows:
(1) community-based programs - $1,023,624;
(2) media and public education - $1,007,799;
(3) tobacco cessation programs - $1,130,000; these funds may also be
used to provide tobacco cessation counseling services to persons incarcerated
in Vermont correctional facilities, and $80,000 shall be used to make nicotine
38
replacement therapies available to all persons enrolled in tobacco cessation
counseling;
(4) surveillance and evaluation activities - $320,000.
Sec. 109. 18 V.S.A. § 10 is amended to read:
§ 10. EDUCATIONAL ASSISTANCE; INCENTIVES; NURSES
***
(f) This section shall be repealed effective June 30, 2005.
Sec. 110. Health - community public health
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
11,727,467
1,620,114
11,782,520
25,130,101
4,138,477
477,110
20,362,014
152,500
25,130,101
Sec. 111. Health - alcohol and drug abuse programs
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
2,391,227
836,119
18,740,833
21,968,179
5,737,374
157,000
3,171,266
12,394,539
508,000
21,968,179
(a) For the purpose of meeting the need for outpatient substance abuse
services when the preferred provider system has a waiting list of five days or
more or there is a lack of qualified clinicians to provide services in a region of
the state, a state-qualified alcohol and drug abuse counselor may apply to the
department of health, division of alcohol and drug abuse programs, for timelimited authorization to participate as a Medicaid provider to deliver clinical
and case coordination services, as authorized.
(b)(1) In accordance with federal law, the division of alcohol and drug
abuse programs may use the following interim criteria to determine whether to
enroll a state-supported Medicaid and uninsured population substance abuse
39
program in the division’s network of designated providers, as described in the
state plan:
(A) The program has the ability to provide the quality, quantity, and
levels of care required under the division’s standards, licensure standards, and
accreditation standards established by the commission of accreditation of
rehabilitation facilities, the joint commission on accreditation of health care
organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing
network shall continue to be a designated program until further standards are
developed, provided the standards identified in subdivision (1) of this
subsection are satisfied.
(C)
agreements.
All programs shall continue to fulfill grant or contract
(2) The provisions of subdivision (1) of this subsection shall not
preclude the division’s “request for bids” process.
(c) Of the above interdepartmental transfer, $180,000 shall be used to
support the gambling addiction program, $90,000 to support the exisiting
program. Prior to expending the additional $90,000 of this allocation, the
department shall develop a comprehensive gambling addiction services plan
that identifies the need for services, states the goals to be achieved by the
gambling addiction program, and outlines the use of these funds and future
appropriations to achieve these goals. The plan shall be submitted to the
general assembly by January 15, 2006.
(d) Of the above appropriation, $110,000 shall be used for drug court
programs in Bennington, Chittenden, and Rutland Counties. The sum of
$35,000 is allocated for Chittenden to be used for court coordination. The sum
of $25,000 is allocated for Rutland to be used for treatment, case management,
court coordination, and screening services as needed. The sum of $25,000 is
allocated for Bennington for court coordination, and an additional $25,000 is
allocated for Bennington to be used for case management, treatment, and
screening services as needed.
Sec. 112. Health - mental health
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
3,404,696
507,616
106,674,609
110,586,921
44,492,587
6,945,611
55,125,950
4,022,773
110,586,921
40
(a) Of the above appropriation, $40,000 shall be used to maintain the
Burlington downtown outreach program to develop a model program for
expansion to other areas of the state.
Sec. 113. Health - Vermont state hospital
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
16,655,497
1,813,522
3,000
18,472,019
2,492,915
110,000
572,426
15,296,678
18,472,019
Sec. 113a. 13 V.S.A. § 4815(b) is amended to read:
(b) The order for examination may provide for an examination at any jail,
or correctional center, or at the state hospital designated by the commissioner
of health for forensic examinations pursuant to chapter 171 of Title 18, or at
such other place as the court shall determine, after hearing a recommendation
by the commissioner of developmental and mental health services.
Sec. 113b. 13 V.S.A. § 4815(g) is amended to read:
(g)(1) Examination Inpatient examination at the state hospital or a
designated hospital pursuant to chapter 171 of Title 18. Before ordering the an
inpatient examination to take place at the state hospital, the court must
determine that the state hospital an inpatient location is the least restrictive
setting in which the examination may appropriately be conducted.
(2) Before ordering the inpatient examination to take place at the state
hospital, the court shall also determine what terms, if any, shall govern the
defendant's release from custody under sections 7553-7554 of this title once
the examination has been completed.
(3) An order for inpatient examination at the state hospital shall provide
for placement of the defendant in the custody and care of the commissioner of
developmental and mental health services for not more than 30 days from the
date of the order, and the defendant shall be returned to court for further
appearance as soon as the examination has been completed, if ordered by the
court. If a return to court is ordered, such return shall occur within 48 hours of
the commissioner's request. The commissioner shall have the authority to
determine the most clinically appropriate designated hospital for the
examination and to transfer the defendant between designated hospitals at any
time while the order is in effect.
(4) If a return to court is not ordered and the defendant is not in the
custody of the commissioner of corrections, the defendant shall be returned to
41
the defendant's residence or such other appropriate place within the state of
Vermont by the department of developmental and mental health services at the
expense of the court.
(5) If it appears that an inpatient examination at the state hospital cannot
reasonably be completed within 30 days, the court issuing the original order,
on request of the commissioner and upon good cause shown may order
placement at the state hospital extended for additional periods of 15 days in
order to complete the examination, and the defendant on the expiration of the
period provided for in such order shall be returned in accordance with this
subsection.
(6) Persons committed to the state hospital care and custody of the
commissioner for purposes of examination or examined elsewhere under this
section shall be given medical care and treatment in accordance with accepted
standards of medical care and practice, to the extent facilities and personnel are
available for this purpose.
Sec. 114. HUMAN SERVICES CASELOAD RESERVE TRANSFER/LOAN
(a) From the human services caseload reserve, $1,300,000 shall be
transferred to the general fund to offset caseload and transition expenditures
for services at the Vermont state hospital. The secretary of administration and
the secretary of human services shall ensure that these funds are repaid to the
caseload reserve on or before July 1, 2008.
Sec. 115. Health - medical practice board
Personal services
Operating expenses
Total
Source of funds
Special funds
669,764
130,309
800,073
800,073
Sec. 116. Department for children and families - administration & support
services
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Total
26,563,475
5,025,540
1,414,675
33,003,690
13,926,443
1,401,422
17,675,825
33,003,690
Sec. 117. Department for children and families - office of child support
Personal services
Operating expenses
8,220,005
2,797,032
42
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
11,017,037
1,550,424
638,014
8,721,499
107,100
11,017,037
(a) Medical coverage is presumed to be available to a parent at a reasonable
cost only if the amount payable for individual insurance or health benefit plan
premium is five percent (5%) or less of the parent’s gross income. The court,
in its discretion, retains the right to order a parent to obtain health insurance
coverage even if the cost exceeds five percent (5%) of the parent’s gross
income if the cost is deemed reasonable under all the circumstances after
considering the factors pursuant to 15 V.S.A. § 659.
Sec. 118. Department for children and families - child development
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
2,412,885
468,401
45,178,245
48,059,531
19,269,419
60,732
1,230,722
27,272,906
225,752
48,059,531
(a) Of the above appropriation, $50,000 shall be granted to the Vermont
center for the book.
(b) The department for children and families in conjunction with the
department of education shall track and report quarterly expenses and receipts
for the family infant toddler program.
(1) The first report shall include final expenses and receipts by source
for fiscal year 2005 (through June 30, 2005) which shall be broken out by
quarter and include enrollment data.
(2) For fiscal year 2006, the quarterly reports shall include:
(A) the number of enrolled children;
(B) expenses; and
(C) receipts by source, including federal part C dollars, Medicaid
receipts, state general funds, and any other sources of funding.
(3) The department for children and families shall submit these reports
to the house and senate committees on appropriations, senate committee on
43
health and welfare, and house committee on human services or to the joint
health access oversight committee when the general assembly is not in session.
(c) Of the above appropriation, $290,000 shall be used to increase the
subsidy rate and $30,000 shall be used for incentives to increase child care
quality.
Sec. 119. Department for children and families - family services and juvenile
justice
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Tobacco fund
Federal funds
Total
18,261,673
2,870,402
62,082,908
83,214,983
38,492,431
1,306,152
75,000
43,341,400
83,214,983
(a) Of the above general fund appropriation, $70,000 shall be used for a
grant to the prevent child abuse Vermont program. The department shall
develop a plan to integrate this program into state services.
Sec. 120. Department for children and families - Woodside rehabilitation
center
Personal services
Operating expenses
Total
Source of funds
General fund
Interdepartmental transfer
Total
2,361,201
432,306
2,793,507
2,738,615
54,892
2,793,507
(a) Of the above appropriation, $5,000 shall be used to maintain the arts
program.
(b) The director of the Woodside rehabilitation center shall work with the
commissioner of finance and management and the executive director of the
state’s attorneys and sheriffs to identify if utilization of the sheriff’s office for
transportation services could result in saved overtime costs at the center.
Sec. 121. Department for children and families - disability determination
services
Personal services
Operating expenses
Total
Source of funds
3,337,193
495,020
3,832,213
44
Federal funds
Interdepartmental transfer
Total
Sec. 122.
disabled
3,587,068
245,145
3,832,213
Department for children and families - aid to aged, blind and
Personal services
Grants
Total
Source of funds
General fund
1,365,966
9,336,901
10,702,867
10,702,867
Sec. 123. Department for children and families - general assistance
Grants
Source of funds
General fund
Special funds
Federal funds
Total
4,326,260
3,214,939
1
1,111,320
4,326,260
(a) Of the above appropriation, $527,000 in federal TANF funds is
allocated specifically for rental or mortgage arrearage assistance to families
who demonstrate they are faced with a reasonably preventable loss of housing
and who meet state requirements for category I assistance, as established by
regulation. Assistance under this provision is not an entitlement and shall
cease upon expenditure of these allocated funds.
(b) Of the above appropriation, an amount not to exceed $150,000 ($75,000
federal TANF funds and $75,000 general funds) may be expended for
temporary housing assistance to individuals and families that have reached the
28-day maximum allowed under department regulations and have a continued
need for this type of emergency assistance. Assistance shall be limited to an
additional 56 cumulative days beyond the current 28-day maximum.
Assistance under this provision is not an entitlement and shall cease upon
expenditure of these allocated funds.
Sec. 124. Department for children and families - reach up
Grants
Source of funds
General fund
Special funds
Federal funds
Total
43,217,279
14,290,063
2,200,000
26,727,216
43,217,279
(a) Of the above appropriation, $55,810 for the learning edge program at
the Lund Family center shall be used to serve pregnant and parenting young
women.
45
Sec. 125. Department for children and families - home heating fuel
assistance/LIHEAP
Personal services
Operating expenses
Grants
Total
Source of funds
Special funds
20,000
90,000
10,146,117
10,256,117
10,256,117
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in
this act, no more than $350,000 shall be expended for crisis fuel direct
service/administration exclusive of statewide after-hours’ crisis coverage.
Sec. 126. HOME HEATING FUEL ASSISTANCE/LIHEAP
(a) All federal funds granted to the state for home heating fuel assistance
under the Low Income Home Energy Assistance Program (LIHEAP) or other
similar federal program in fiscal year 2006, and all unexpended LIHEAP funds
granted to the state in fiscal year 2005, are hereby transferred to the home
heating fuel assistance trust fund for the provision of home heating fuel
assistance, including program administration, under 33 V.S.A. chapter 26.
(b) For the purpose of a crisis set-aside, seasonal home heating fuel
assistance through December 31, 2005, and program administration, the
commissioner of finance and management shall transfer $2,550,000 from the
home weatherization assistance trust fund to the home heating fuel assistance
trust fund to the extent that federal LIHEAP or similar federal funds are not
available. An equivalent amount shall be returned to the home weatherization
trust fund from the home heating fuel assistance trust fund to the extent that
federal LIHEAP or similar federal funds are received. Should a transfer of
funds from the home weatherization assistance trust fund be necessary for the
2005-2006 crisis set-aside and seasonal home heating fuel assistance through
December 31, 2005, and LIHEAP funds awarded as of December 31, 2005 for
fiscal year 2006 do not exceed $2,550,000, subsequent payments under the
home heating fuel assistance program shall not precede January 30, 2006.
Notwithstanding any other provision of law, payments authorized by the
office of home heating fuel assistance shall not exceed funds available, except
that for fuel assistance payments made through December 31, 2005, the
commissioner of finance and management may anticipate receipts into the
home weatherization assistance trust fund.
Sec. 127. Department for children and families - food stamp cash out
Grants
Source of funds
Federal funds
6,141,229
6,141,229
46
Sec. 128. TANF EXEMPTION
(a) The commissioner may exempt all individuals domiciled in the state of
Vermont from the implementation of Sec. 115(a) of Public Law 104-193
through June 30, 2006.
Sec. 129. Department for children and families - office of economic
opportunity
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
261,733
89,517
5,035,390
5,386,640
890,147
80,012
4,165,408
251,073
5,386,640
(a) Of the above general fund appropriation, $485,000 shall be granted to
community agencies for homeless assistance by preserving existing services or
increasing resources available statewide. These funds may be granted alone or
in conjunction with federal McKinney emergency shelter funds. Grant
decisions shall be made with assistance from the coalition of homeless
Vermonters.
(b) Of the above general fund appropriation, $25,000 shall be granted to the
Vermont campaign to end childhood hunger for food stamp outreach.
Sec. 130.
assistance
Department for children and families - OEO - weatherization
Personal services
Operating expenses
Grants
Total
Source of funds
Special funds
Federal funds
Total
150,478
39,950
7,079,010
7,269,438
5,991,517
1,277,921
7,269,438
(a) Of the above special fund appropriation, $400,000 is for the
replacement and repair of home heating equipment.
Sec. 131. [Deleted]
Sec. 132. Aging and independent living - administration and support
Personal services
Operating expenses
Total
20,691,990
3,450,004
24,141,994
47
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
8,005,169
823,719
14,045,169
1,267,937
24,141,994
(a) Notwithstanding Sec. 288(a)(8) of No. 122 of the Acts of 2004, the
department of aging and independent living may use $400,000 of the funds
appropriated in Sec. 288(a)(8) of No. 122 of the Acts of 2004 to address fiscal
year 2005 long-term care waiver funding needs. The remaining $600,000 shall
be used for community-based service infrastructure needs, including up to
$70,000 for data system updates needed to implement the waiver.
Sec. 133. Aging and independent living - advocacy and independent living
Grants
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
20,827,895
9,412,065
422,692
851,981
10,064,157
77,000
20,827,895
Sec. 134. Aging and independent living - blind and visually impaired
Grants
Source of funds
General fund
Special funds
Federal funds
Total
1,359,000
564,064
145,000
649,936
1,359,000
Sec. 135. 21 V.S.A. § 504 is amended to read:
§ 504. INCOME FROM VENDING FACILITIES AND MACHINES
(a) All net income from a vending facility on state property shall accrue to
the blind or visually impaired person licensed to operate that facility.
(b) All net income from vending machines not placed within vending
facilities on state property shall accrue to the division.
(c) Income which accrues to the division under this subchapter shall be
used to:
(1) maintain or enhance the vending facilities program; and
(2) provide benefit programs, including, but not limited to, health
insurance or pension plans for licensed blind or visually impaired persons who
operate vending facilities;
48
(3) provide vocational rehabilitation services for persons who are blind
or visually impaired.
Sec. 136. Aging and independent living - vocational rehabilitation
Grants
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
5,402,643
1,599,195
40,000
3,564,061
199,387
5,402,643
Sec. 137. Aging and independent living - TBI home- and community-based
waiver
Grants
Source of funds
General fund
Federal funds
Total
2,749,010
1,129,843
1,619,167
2,749,010
Sec. 138. Aging and independent living - developmental services
Grants
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
103,600,138
41,434,699
841,980
60,262,628
1,060,831
103,600,138
(a) The secretary of the agency of human services and the commissioner of
the department of aging and independent living shall ensure the programs
funded through this appropriation meet the following requirements:
(1) A minimum of 219 individuals under emergency caseload and a
minimum of 23 individuals under public safety shall be funded.
(2) A minimum of 65 new “June graduates” shall be served.
(3) The funding level available to the flexible family funding program
shall be at least equal to the amount available to this program in fiscal year
2005. Eligibility for flexible family funding will require eligibility for
Medicaid. The flexible family funding program will remain at $1,100,000
total allocation, including the federal match. The anticipated waiting list will
be 31 or fewer, depending on the number of graduates who exit school.
(b) The commissioner of finance and management, the secretary of human
services, and the commissioner of aging and independent living shall report to
the joint fiscal committee at its September and November meetings as to the
fiscal and program implications of meeting the requirements of subsection (a)
49
of this section. The report shall include a review of the fiscal year 2006
inflationary increase available to the designated provider agencies for
developmental services and the impact on any other division or department
with the agency.
(c) The department of aging and independent living shall report quarterly
applications and enrollments for developmental services, tracking the fiscal
implications of the requirements of subsection (a) of this section, compliance
in doing so, and remaining need. In particular, these reports will include:
(1) The number of new individuals entering the developmental services
system in 2006, the types of services needed, and the cost per person.
(2) The expected annualization in fiscal year 2007, based upon services
provided to date.
(3) The number of individuals on the waiting list for flexible family
funding.
(4) The number of individuals who have requested and meet the basic
requirements to qualify for services under the “Vermont state system of care
plan for developmental services,” who have been denied services due to
funding constraints (June graduates and others).
(5) The department of aging and independent living shall submit these
reports to the house and senate committees on appropriations, senate
committee on health and welfare, and house committee on human services or
to the joint health access oversight committee when the general assembly is not
in session.
Sec. 139. Corrections - administration
Personal services
Operating expenses
Total
Source of funds
General fund
Federal funds
Interdepartmental transfer
Total
2,109,825
322,087
2,431,912
2,270,042
65,000
96,870
2,431,912
(a) The department of corrections shall report to the joint corrections
oversight committee at each of its meetings on the status of both the health
services contract and the mental health services contract. The reports shall
include expenditures made year-to-date and the department’s assessment of the
quality of the services provided by the respective contractors.
(b) The department of corrections shall report to the general assembly on
January 15, 2006 on a plan and time line to change the medical services
contract to a pay for performance-based contract, and a plan and time line to
50
utilize the existing community mental health designated agencies to provide
the mental health services required by the department.
(c) The secretary of the agency of human services and the commissioner of
corrections shall research available community mapping technologies,
including the system developed for Connecticut by the Council on State
Governments and report to the general assembly by January 15, 2006 on the
cost, applicability to Vermont, and potential efficiency of assigning community
supervision resources as well as other community-based human services
resources based on a community resource mapping system.
Sec. 140. Corrections - parole board
Personal services
Operating expenses
Total
Source of funds
General fund
232,722
65,555
298,277
298,277
Sec. 141. Corrections - correctional education
Personal services
Operating expenses
Total
Source of funds
General fund
Interdepartmental transfer
Total
3,143,137
465,312
3,608,449
3,211,299
397,150
3,608,449
(a) The general assembly finds that the state of Vermont funding level for
special education services in the department of corrections meets special
education requirements. Vermont will add additional resources to corrections
special education pursuant to the federal government funding special education
at the level required by federal law.
Sec. 142. Corrections - correctional services
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
67,705,162
30,585,454
1,970,937
100,261,553
96,560,139
1,153,658
549,500
87,500
1,829,710
81,046
100,261,553
51
(a) Of the above general fund appropriation, $87,000 shall be used as a
grant to Dismas House of Vermont, Inc.
Sec. 142a. Corrections – community supports
Personal services
Source of funds
General fund
720,090
720,090
(a) The establishment of seven (7) new classified community supervision
and support positions - four (4) caseworkers, two (2) community corrections
officers, and one (1) administrative position - is authorized in fiscal year 2006.
These positions shall be transferred and converted from existing vacant
positions in the executive branch of state government. Of the above
appropriation, $425,000 shall be used to support these new positions.
(b) The amount of $20,000 shall be used for an employment placement and
retention program expansion in Bennington County for individuals reentering
the community under the supervision of the department of corrections.
(c) All other funds in this appropriation shall be used for correctional
services needs as directed by the commissioner of corrections.
Sec. 142b. INTENT FOR FUNDS FROM ADDITIONAL OUT-OF-STATE
BED SAVINGS
(a) To the extent the number of out-of-state beds funded in Sec. 142 of this
act falls from the budgeted level of 399, the savings of allocated funds
associated with the first 50 out-of-state bed reduction shall be used first to fund
five (5) new community supervision positions: three (3) caseworkers and two
(2) community corrections officers, and the remaining funds shall be used for
corrections services.
(b) For every additional increment of 50 beds that the out-of-state bed need
is reduced, the savings associated with the reduction shall be used equally to
fund additional community supports or supervision and other correctional
services needs.
Sec. 143. DEPARTMENT OF CORRECTIONS; OVERCROWDING
(a) It is the intent of the general assembly that the department of
corrections should not operate any of the state correctional facilities at a level
that exceeds the rated capacity of the facility.
(b) The commissioner of corrections shall determine the rated capacity of
each correctional facility to include only bed space designated for the general
population and shall not include bed space used for segregation, isolation, or
medical or mental health treatment, or high security bed space used for
disciplinary or administrative purposes.
(c) When the population housed in any facility exceeds the rated capacity
of that facility, the commissioner of corrections may transfer appropriate
52
offenders to another facility, including contracted facilities in another state;
provided, however, that the commissioner shall strive to minimize transfers in
order to avoid disruption of inmate programming.
(d) It is also the intent of the general assembly that if the total population
housed in Vermont exceeds the rated capacity of the Vermont facilities, this
excess shall be limited to 50 beds, and that these 50 beds shall be
proportionately distributed throughout the Vermont facilities.
(e) On a quarterly basis, the commissioner shall report to the joint
legislative corrections oversight committee setting forth the number of inmates
housed in each correctional facility for the previous three-month period and
providing detailed information of the dates and length of time any facility
exceeded 105 percent of its rated capacity.
Sec. 143a. STUDY; WOMEN OFFENDERS; SUBSTANCE ABUSE
(a) There is created a committee to explore recommendations relating to
women offenders contained in the August 19, 2004 report of the governor’s
commission on corrections overcrowding. The committee’s work shall include
consideration of community-based alternatives to incarceration for women
offenders and options for treating nonviolent women who are incarcerated
primarily for substance-abuse-related reasons. After reviewing and evaluating
successful models in other states, the committee shall develop a proposal for
one or more pilot programs addressing the needs of women offenders.
(b) On or before January 15, 2006, the committee shall report to the senate
committee on health and welfare, the house committee on human services, and
the house and senate committees on appropriations, institutions, and judiciary
regarding its research and recommendations under this section, including
associated costs and the anticipated nonstate sources of funding for the
proposed pilot program or programs.
(c) Members of the committee shall include:
(1) The director of correctional services for women offenders,
department of corrections, or the director’s designee.
(2) The deputy defender general or the deputy’s designee.
(3) The adult community mental health program director, division of
mental health, department of health, agency of human services, or the
director’s designee.
(4) The health services director, department of corrections, agency of
human services, or the director’s designee.
(5) The deputy commissioner for the division of alcohol and drug abuse
programs, department of health, agency of human services, or the deputy
commissioner’s designee.
53
(6) The superintendent of the Burlington community correctional
service center or the superintendent’s designee.
(7) The district court judge assigned to the Chittenden County drug
court or the judge’s designee.
(8) The coordinator of offender services for the Howard Center for
Human Services at the Chittenden County drug court or the coordinator’s
designee.
(9) A substance abuse provider offering services to women at the Dale
correctional facility, to be selected by the director of correctional services for
women offenders at the department of corrections.
(10) The coordinator of the community justice center in Burlington or
the coordinator’s designee.
(11) The project director of ICON (improving care for opioid-exposed
newborns), Vermont child health improvement program, university of
Vermont college of medicine, or the project director’s designee.
(12) The chair of the Vermont commission on women or the chair’s
designee.
(13) The state director of Dismas of Vermont, Inc. or the director’s
designee.
(14) The executive director of Mercy Connections, Inc. or the executive
director’s designee.
(15) Two or more female former offenders, to be selected by the director
of correctional services for women offenders at the department of corrections.
(16) One or more additional members to be selected by the committee
based upon experience working with women offenders, women with substance
abuse issues, or other women in crisis.
Sec. 144. Corrections - correctional facilities- recreation
Personal services
Operating expenses
Total
Source of funds
Special funds
518,212
473,986
992,198
992,198
(a) The department shall develop and implement a plan to utilize a prepaid
phone card system for inmates’ telephone service to replace the current system
in fiscal year 2007. The department shall report to the general assembly on the
fiscal impact of this change on the inmate recreation fund.
54
Sec. 145. 28 V.S.A. § 816 is amended to read:
§ 816. INMATE RECREATION FUND
The department shall accept monies generated by commissions on
telephone services, commissary sales, and sales of vended items at its
correctional facilities and shall establish with such monies an inmate recreation
special fund. The fund shall be used to provide postage to inmates in a manner
consistent with department policy. The fund may be used for costs associated
with the oversight and accounting of inmate cash accounts. The fund may be
used, at the discretion of the commissioner, to hire persons or purchase
services, equipment, and goods to establish or enhance recreation activities for
inmates confined in any of the department’s facilities, and for voluntary inmate
contributions that promote the restoration of crime victims or communities.
The inmates, through a process established by the inmate recreation fund
committee, may also choose to create a loan fund, the operation of which shall
be governed by rules adopted pursuant to chapter 25 of Title 3, from which
offenders may borrow in order to help them obtain housing upon release from
incarceration.
Sec. 146. Corrections - Vermont offender work program
Personal services
Operating expenses
Total
Source of funds
Internal service funds
1,391,272
1,731,740
3,123,012
3,123,012
Sec. 147. Department for children and families - children’s trust fund
Grant
Source of funds
General fund
Special funds
Federal funds
Total
340,891
100,651
70,000
170,240
340,891
(a) Of the above amount, at least 65 percent will be awarded for
community-based program activities for the broad range of child abuse and
neglect prevention activities.
Sec. 147a. Sec. 159 of No. 122 of the Acts of 2004 is amended to read:
Sec. 159. Children’s trust fund Department for children and families children’s trust fund
Grant
Source of funds
310,651
55
General fund
Special funds
Federal funds
Total
100,651
70,000
140,000
310,651
***
Sec. 148. Commission on women
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Total
194,319
61,102
255,421
250,421
5,000
255,421
Sec. 149. Retired senior volunteer program
Grants
Source of funds
General fund
131,096
131,096
Sec. 150. Vermont veterans’ home - care and support services
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Federal funds
Total
12,833,472
3,168,718
16,002,190
952,495
10,239,126
4,810,569
16,002,190
(a) Notwithstanding 32 V.S.A. § 706(a)(1), the Vermont veterans’ home
may transfer, with the approval of the secretary of administration, funds up to
an amount equal to the general fund appropriation to the health access trust
fund for purposes of facilitating a Medicaid rate adjustment.
(b) Notwithstanding 32 V.S.A. § 706(a)(1), the Vermont veterans’ home
may transfer to the agency of human services’ secretary’s office, with the
approval of the secretary of administration, funds to cover the costs of the
contract for an interim administrator of the veterans’ home.
Sec. 150a. VETERANS’ HOME; REGIONAL BED CAPACITY
(a) The agency of human services shall not include the bed count at the
veterans’ home when recommending and implementing policies that are based
on or intended to impact regional nursing home bed capacity in the state.
56
Sec. 151. Total human services
1,494,697,550
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Permanent trust funds
Internal service funds
Interdepartmental transfer
Total
421,187,741
1,637,082
303,969,266
25,441,034
712,987,852
10,000
3,123,012
26,341,563
1,494,697,550
Sec. 152. Employment and training
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
18,317,440
4,568,929
1,615,210
24,501,579
1,395,248
866,000
19,472,969
2,767,362
24,501,579
Sec. 153. Total employment and training
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
24,501,579
1,395,248
866,000
19,472,969
2,767,362
24,501,579
Sec. 154. Education - finance and administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
4,533,633
1,377,940
10,600,000
16,511,573
3,146,006
63,697
1,968,752
11,333,118
16,511,573
57
Sec. 155. Education - education programs
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
12,107,019
1,981,112
108,322,608
122,410,739
7,132,600
524,846
1,139,188
112,461,461
1,152,644
122,410,739
Sec. 156. Education - technical education
Grants
Source of funds
Education fund
9,836,396
9,836,396
(a) The appropriation in this section shall be authorized, notwithstanding
16 V.S.A § 1564.
Sec. 157. Education - special education: formula grants
Grants
Source of funds
Education fund
116,120,000
116,120,000
(a) Of the appropriation authorized in this section, and notwithstanding any
other provision of law, an amount not to exceed $3,001,131 shall be used by
the department of education in fiscal year 2006 as funding for 16 V.S.A.
§ 2967(b)(2)-(6). In addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to
$153,720 may be used by the department of education for its participation in
the higher education partnership plan.
Sec. 158. Education - state-placed students
Grants
Source of funds
Education fund
12,500,000
12,500,000
(a) The Independence Place program of the Lund family center shall be
considered a 24-hour residential program for the purposes of reimbursement of
education costs.
Sec. 159. Education - adult education and literacy
Grants
Source of funds
General fund
Federal funds
4,146,669
2,663,051
983,619
58
Education fund
Total
499,999
4,146,669
Sec. 160. HIGH SCHOOL COMPLETION; ADVISORY COMMITTEE;
ADULT EDUCATION AND LITERACY; REPORT
(a) A high school completion advisory committee is hereby created. The
committee shall consist of a representative chosen by the speaker, a senator
chosen by the committee on committees, a representative of Vermont adult
learning chosen by the board of directors of Vermont Learning, Inc., a
representative of the Vermont school boards association chosen by the
association’s board of directors, and the commissioner of education or
designee. The legislative council and joint fiscal office shall provide staff
services to the committee.
Members shall be entitled to per diem
compensation and expenses. The legislative members shall be responsible for
convening the committee.
(b) The committee shall develop a recommended mechanism and procedure
by which funding for high school completion programs carried out by the adult
education and literacy systems, as described in 16 V.S.A. § 4011(f)(2), shall be
paid to school districts or supervisory unions, or both.
(c) The committee shall develop recommendations regarding:
(1)
allocation of payments between local school districts and
supervisory unions and the statewide adult education and literacy system when
programs are provided through contracts with qualified adult education and
literacy service providers;
(2) methods to ensure that programs are administered in a manner that
promotes consistency with statewide standards and procedures;
(3) the relationship between a high school diploma and the general
equivalency degree that is provided through an adult education and literacy
program;
(4) mechanisms to ensure coordination between adult education and
literacy programs and state requirements for individual education plans;
(5) implementation of funding through school districts and supervisory
unions in a manner that maximizes the efficient use of existing services for
adult education and literacy programs;
(6) methods by which school districts and supervisory unions can work
with statewide adult education and literacy systems to improve services for
students at risk of dropping out of school; and
(7) whether funding for adult education and literacy activities should be
paid through the current funding mechanism established in 16 V.S.A.
§ 4011(f)(2) or through a categorical grant program.
59
(d) On or before January 15, 2006, the committee shall submit its
recommendations to the senate and house committees on education and
appropriations.
Sec. 161. EDUCATION - ADULT EDUCATION AND LITERACY
(a) Notwithstanding the provisions of 16 V.S.A. § 4025(d), it is the intent
of the general assembly to appropriate up to $499,999 in fiscal year 2006 for
adult education and literacy programs from the education fund, as it was the
intent of the general assembly to appropriate $499,999 for adult education and
literacy programs from the education fund in Sec. 173 of No. 122 of the Acts
of 2004.
(b) It is further the intent of the general assembly to study the results of the
report received pursuant to Sec. 160 of this act and during the 2006 legislative
session to make a determination regarding how to fund adult education and
literacy services for those students described in 16 V.S.A. § 4011(f)(2) in fiscal
year 2007 and each year thereafter.
Sec. 162. Education - adjusted education payment
Grants
Source of funds
Education fund
966,000,000
966,000,000
Sec. 162a. Sec. 176 of No. 122 of the Acts of 2004, as amended by Sec. 55 of
No. 6 of the Acts of 2005, is further amended to read:
Sec. 176. Education – adjusted education payment
Grants
Source of funds
Education fund
910,801,994
910,971,994
910,801,994
910,971,994
Sec. 162b. 16 V.S.A. § 4001(1) is amended to read:
(1) "Average daily membership" of a school district in any year means:
***
(B) the full-time equivalent enrollment in the year between the end of
the last census period and the end of the current census period, of any stateplaced students as defined in subdivision 11(a)(28) of this title. A school
district which provides for the education of its students by paying tuition to an
approved independent school or public school outside the district shall not
count a state-placed student for whom it is paying tuition for purposes of
determining average daily membership. A school district which is receiving
the full amount, as defined by the state board by rule, of the student's education
costs under subsection 2950(a) of this title, shall not count the student for
purposes of determining average daily membership. A state-placed student
who is counted in average daily membership shall be counted as a student for
the purposes of determining weighted student count; and
60
(C) the full-time equivalent enrollment of pupils who are legal
residents of the district attending an early childhood education program owned
and operated by the district or contracted for by the district. Such pupils shall
be counted as one full-time equivalent pupil for each child receiving ten or
more hours a week of services, and as one multiplied by the number of hours
per week divided by ten for each child receiving less than ten hours of service
per week.
Sec. 162c. 16 V.S.A. § 4010(a) and (c) are amended to read:
(a) On or before the first day of December during each school year, the
commissioner shall determine the average daily membership of each school
district for the current school year. The determination shall list separately:
(1) resident pupils being provided early childhood education;
(2) resident pupils being provided elementary education; and
(2) (3) resident pupils being provided secondary education.
***
(c) The commissioner shall determine the weighted long-term membership
for each school district using the long-term membership from subsection (b) of
this section and the following weights for each class:
Grade Level Weight
Early childhood education 0.46
Elementary 1.0
Secondary 1.25
***
Sec. 163. Education - essential early education grant
Grants
Source of funds
Education fund
4,379,337
4,379,337
Sec. 164. Education - transportation
Grants
Source of funds
Education fund
13,496,399
13,496,399
Sec. 165. Education - small school grants
Grants
Source of funds
Education fund
5,250,000
5,250,000
Sec. 165a. Sec. 179 of No. 122 of the Acts of 2004, as amended by Sec. 56 of
No. 6 of the Acts of 2005, is further amended to read:
61
Sec. 179. Education – small school grants
Grants
Source of funds
Education fund
5,080,383
5,213,383
5,080,383
5,213,383
Sec. 166. Education - capital debt service aid
Grants
Source of funds
Education fund
450,355
450,355
Sec. 167. Education - tobacco litigation
Personal services
Operating expenses
Grants
Total
Source of funds
Tobacco fund
116,151
25,073
842,783
984,007
984,007
Sec. 168. Education - Act 117 cost containment
Personal services
Operating expenses
Grants
Total
Source of funds
Interdepartmental transfer
969,605
104,571
65,000
1,139,176
1,139,176
(a) Notwithstanding any other provisions of law, expenditures made from
this section shall be counted under 16 V.S.A. § 2967(b) as part of the state’s 60
percent of the statewide total special education expenditures of funds which are
not derived from federal sources.
Sec. 169. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL
FUND - DEPOSIT
(a) In addition to deposits into the Medicaid reimbursement administrative
special fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2006,
$1,139,176 of federal Medicaid receipts received for reimbursement of
medically related services provided to students who are Medicaid-eligible shall
be deposited into the administrative special fund.
Sec. 169a. 16 V.S.A. § 2959a is amended to read:
§ 2959a. EDUCATION MEDICAID RECEIPTS
(a) It is the intent of the general assembly that the state of Vermont shall
maximize its receipt of federal Medicaid dollars available for reimbursement
of medically-related services provided to students who are Medicaid eligible. It
is further the intent that:
62
(1) Each supervisory union identify special education and other students
eligible for Medicaid reimbursement and, to the extent possible, submit
Medicaid bills for services reimbursement.
(2) The department of education and the agency of human services work
with local school districts to maximize reimbursements including services to
non-IEP students.
(b) A Medicaid reimbursement administrative special fund is established
within the department of education. Eleven No more than seventeen percent of
the Medicaid reimbursement funds shall be deposited into the fund. The funds
shall be used for agency of human services and department of education
administrative costs related to the collection, processing and reporting of
education Medicaid reimbursements and statewide programs identified and
approved by the commissioner of education, including corrections-related
special education, with the advice of the secretary of human services. The
commissioner shall expend monies from the fund only as appropriated by the
general assembly.
***
Sec. 170. FUND APPROPRIATION AND TRANSFER
(a) There is appropriated in fiscal year 2006 from the general fund for
transfer to the education fund the amount of $259,300,000.
Sec. 171. State teachers’ retirement system
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Pension trust fund
Total
17,061,408
842,461
24,446,282
42,350,151
24,446,282
17,903,869
42,350,151
(a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of the annual
contribution to the Vermont state teachers’ retirement system shall be
$24,446,282 in fiscal year 2006.
Sec. 172.
TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a) The amount of $3,112,500 in education funds is appropriated in fiscal
year 2006 to implement the provisions of 32 V.S.A. §§ 4041a(a), relating to
payments to municipalities for reappraisal costs, and 5405(f), relating to
payments of $1.00 per grand list parcel.
(b) The towns currently engaged in litigation with the Washington electric
cooperative regarding grand list appeals of the assessment of utility property
may submit to the attorney general legal expenditures made by those towns as
63
a result of this litigation, as those values were established by reference to
information from the department of taxes, division of property valuation and
review. The attorney general shall review the submitted bills and, if
reasonable, approve reimbursement. As the litigation may have a substantial
impact on the education grand list, $25,000 of the appropriation in this section
shall be transferred to the attorney general and reserved for payment of
expenses incurred by towns in defense of grand list appeals as provided
herein. Expenditures for this purpose shall be considered qualified
expenditures under 16 V.S.A. § 4025(c).
Sec. 173. Tax department - property tax assistance
Grants
Source of funds
General fund
Transportation fund
Education fund
Total
115,096,276
7,988,056
2,378,220
104,730,000
115,096,276
Sec. 174. Total general education and property tax assistance
1,693,080,578
Source of funds
General fund
Transportation fund
Education fund
Special funds
Tobacco fund
Federal funds
Pension trust fund
Interdepartmental transfer
Total
304,672,995
2,903,066
1,236,374,986
1,202,885
984,007
115,413,832
17,903,869
13,624,938
1,693,080,578
Sec. 175. University of Vermont
Grants
Source of funds
General fund
38,880,408
38,880,408
(a) The commissioner of finance and management shall issue warrants to
pay one-twelfth of the appropriation to the University of Vermont on or about
the 15th of each calendar month of the year.
(b) Of the above appropriation, $364,303 shall be transferred to EPSCoR
for the purpose of complying with state matching fund requirements necessary
for the receipt of available federal or private funds, or both.
64
Sec. 176. University of Vermont - Morgan horse farm
Grants
Source of funds
General fund
5,000
5,000
Sec. 177. Vermont public television
Grants
Source of funds
General fund
573,832
573,832
Sec. 178. Vermont state colleges
Grants
Source of funds
General fund
22,308,670
22,308,670
(a) The commissioner of finance and management shall issue warrants to
pay one-twelfth of the appropriation to the Vermont state colleges on or about
the 15th of each calendar month of the year.
(b) Of the above appropriation, $100,000 shall be reserved for use as the
state’s fiscal year 2006 contribution toward the growth of the endowment fund
for the Vermont state colleges. The state’s funds are to serve as a challenge
match to enhance the state colleges’ ability to secure endowment contributions
from alumni and other interested parties. The intent is that the fiscal year 2006
appropriation will be the last of five annual appropriations, totaling $500,000.
The conditions of this challenge match are that the state colleges are required
to raise three dollars for each dollar appropriated by the state. A method for
accounting for the state colleges’ share has been agreed to between the state
colleges and the commissioner of finance and management. Transfers to the
state colleges’ endowment fund shall be under the condition that only the
interest accruing to the fund will be available for purposes as designated by the
board of trustees of the state colleges. By June 30, 2007, any remaining state
appropriations designated for the state colleges’ endowment fund that have not
been matched by the state colleges shall revert to the general fund. The funds
appropriated for this purpose shall be retained by the state.
(c) Of the above appropriation, $410,822 shall be transferred to the
Vermont manufacturing extension center for the purpose of complying with
the state matching fund requirements necessary for the receipt of available
federal or private funds, or both.
(d) The balance held by the treasurer in the Vermont state college bond
fund (#21010) in the principal amount of $723,850 shall be transferred to the
Vermont state colleges for the purposes of a reserve for future debt service.
65
Sec. 179. Vermont state colleges - allied health
Grants
Source of funds
General fund
983,641
983,641
Sec. 180. Vermont interactive television
Grants
Source of funds
General fund
815,331
815,331
Sec. 181. Vermont student assistance corporation
Grants
Source of funds
General fund
17,594,224
17,594,224
(a) Of the above appropriation, $25,000 shall be deposited into the trust
fund established in 16 V.S.A. § 2845.
(b) Except as provided in subsection (a) of this section, not less than 100
percent of grants shall be used for direct student aid.
(c) The balance held by the treasurer in fund #21385, approximately
$62,552, from the amount appropriated in No. 38 of the Acts of 1964 and from
such other amounts as may have been appropriated, earned, or otherwise
deposited in that account from time to time and not previously expended for
student loan default guaranty purposes, is hereby transferred to the trust fund
established by 16 V.S.A. § 2845 and held therein and administered by the
Vermont student assistance corporation to provide grants for students with
remaining financial needs and who are or have been under the custody of the
commissioner of the department for children and families, all in accordance
with the provisions of section 2845.
Sec. 182. New England higher education compact
Grants
Source of funds
General fund
80,000
80,000
Sec. 183. Total higher education and other
Source of funds
General fund
81,241,106
81,241,106
Sec. 184. Natural resources - agency of natural resources - administration
Personal services
Operating expenses
Grants
Total
Source of funds
4,138,173
1,701,001
90,180
5,929,354
66
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
4,374,943
1,042,150
338,355
173,906
5,929,354
(a) The amount of $425,000 is appropriated from the solid waste
management fund to the brownfields revitalization fund in the department of
environmental conservation. These funds may be used to match federal funds
available through the Environmental Protection Agency for brownfields
redevelopment purposes and for grants to specific projects.
Sec. 185. Connecticut River watershed advisory commission
Grants
Source of funds
General fund
Federal funds
Total
38,000
22,500
15,500
38,000
Sec. 186. Citizens’ advisory committee on Lake Champlain’s future
Personal services
Operating expenses
Total
Source of funds
General fund
3,800
3,700
7,500
7,500
Sec. 187. Natural resources - state land local property tax assessment
Operating expenses
Source of funds
General fund
Transportation fund
Interdepartmental transfer
Total
1,449,000
974,684
212,816
261,500
1,449,000
Sec. 188. Green up
Grants
Source of funds
General fund
Special funds
Total
17,196
6,646
10,550
17,196
Sec. 189. Fish and wildlife - support and field services
Personal services
Operating expenses
Grants
Total
Source of funds
9,556,015
4,004,370
672,453
14,232,838
67
General fund
Transportation fund
Fish and wildlife fund
Total
1,726,853
367,926
12,138,059
14,232,838
(a) The department of fish and wildlife shall obtain approval of the general
assembly prior to taking any action that would result in closure or
consolidation of fish culture operations.
(b) Of the above appropriation, $5,000 shall be used to provide
scholarships for children wishing to attend one of the conservation camps
administered by the department of fish and wildlife. No portion of any general
fund appropriation, tuition payments, donations made, or interest earned on
endowment funds for the camps program within the department of fish and
wildlife for the purposes of supporting the conservation camps shall be
reallocated or used for any other purpose.
Sec. 190. Fish and wildlife - watershed improvement
Grants
Source of funds
Fish and wildlife fund
50,661
50,661
Sec. 191. Forests, parks and recreation - administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Total
849,194
475,239
1,998,100
3,322,533
983,533
1,046,000
1,293,000
3,322,533
Sec. 192. DEPARTMENT OF FORESTS, PARKS AND RECREATION;
EMPLOYEES’ GROUP INSURANCE; REPEAL
(a) 3 V.S.A. § 631(b) (health insurance plan available to state departments
on February 23, 1951) shall be repealed on July 1, 2005.
Sec. 193. PARTICIPATION IN A STATE GROUP INSURANCE PLAN
(a) Employees of a state department who participate in a group insurance
plan under subsection 631(b) of Title 3 and who choose to continue to
participate in a state group insurance plan shall choose from among those plans
available to state employees no later than 30 days after the effective date of
this act. The commissioner of human resources shall assist these employees in
the transition to a new health plan as expressed in the January 25, 2005 letter
regarding “additional group coverage” from the director of major accounts for
68
Cigna to the commissioner of the department of human resources, and received
by that department on January 31, 2005.
Sec. 194. Forests, parks and recreation - forestry
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
4,514,728
503,152
353,000
5,370,880
3,484,380
21,500
360,000
1,291,000
214,000
5,370,880
Sec. 195. Forests, parks and recreation - state parks
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Total
4,538,235
1,891,697
5,000
6,434,932
610,632
5,824,300
6,434,932
Sec. 196. Forests, parks and recreation - lands administration
Personal services
Operating expenses
Total
Source of funds
General fund
Special fund
Interdepartmental transfer
Total
446,610
237,989
684,599
449,599
195,000
40,000
684,599
Sec. 197. Forests, parks and recreation - youth conservation corps
Personal services
Operating expenses
Grants
Total
Source of funds
Special funds
Federal funds
Interdepartmental transfer
Total
387,133
25,357
500,000
912,490
567,490
95,000
250,000
912,490
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Sec. 198. Forests, parks and recreation - forest highway maintenance
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
222,978
301,000
523,978
36,920
487,058
523,978
Sec. 199. Environmental conservation - management and support services
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
2,760,084
823,118
96,267
3,679,469
1,123,601
626,255
1,023,119
906,494
3,679,469
Sec. 200. Environmental conservation - air and waste management
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
6,944,360
6,328,003
1,906,000
15,178,363
715,896
11,347,684
2,944,783
170,000
15,178,363
(a) The amount of $200,000 is appropriated from the solid waste
management assistance fund to the department of environmental conservation
and shall be used on a one-time basis for the purpose of providing grants for
capital improvements to increase efficiency of recycling centers operated by
the solid waste management districts. The grants shall be administered by the
department and shall be distributed on a competitive basis.
Sec. 201. Environmental conservation - office of water programs
Personal services
Operating expenses
Grants
Total
Source of funds
12,611,776
2,099,391
2,503,502
17,214,669
70
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
6,157,691
185,182
3,717,507
6,616,039
538,250
17,214,669
(a) The above general fund appropriation includes $75,000 to support a
comprehensive river management program administered by the Vermont youth
conservation corps. This program shall be coordinated to meet the stated
objectives of the streambed restoration plan outlined in the clean and clear
program. The Vermont youth conservation corps shall submit a report to the
house and senate committees on appropriations and the house and senate
committees on natural resources and energy no later than January 15, 2006 on
actual streambed restoration outcomes achieved by the Vermont youth
conservation corps in context of the clean and clear program’s stated
objectives.
Sec. 201a. STORMWATER GRANT APPROPRIATION
(a) The amount of $75,000 is appropriated from the solid waste
management assistance fund to the department of environmental conservation
for stormwater grants.
Sec. 202.
control
Environmental conservation - tax-loss-Connecticut River flood
Operating expenses
Source of funds
Special funds
40,000
40,000
Sec. 203. Natural resources board
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Total
2,320,080
394,264
2,714,344
1,065,127
1,649,217
2,714,344
Sec. 204. Total natural resources
77,800,806
Source of funds
General fund
Transportation fund
Fish and wildlife fund
Special funds
Federal funds
Interdepartmental transfer
Total
21,740,505
1,274,482
12,188,720
26,426,153
13,616,796
2,554,150
77,800,806
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Sec. 205. Commerce and community development - agency of commerce and
community development - administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
1,270,218
441,401
236,200
1,947,819
1,947,819
(a) On January 15, 2006, the agency of commerce and community
development with the assistance of the department of public service shall
report to the general assembly on the status of the state in reaching its
telecommunications coverage goals, specifically in the areas of cellular and
broadband service coverage. The report shall address the achievement to date
of the telecom infrastructure and service development goals and desired
improvement as stated in the Vermont telecommunications plan dated
September 2004, and shall report on the agency’s actions taken and planned to
help Vermont reach these goals.
(b) The Vermont economic progress council shall consider the findings and
recommendations of the economic development study committee in Sec. 205a
of this act prior to developing the 10-year economic plan for the state. The
secretary of commerce and community development shall transfer at least
$30,000 of funds appropriated to the department of economic development in
Sec. 212 of this act to the Vermont economic progress council for the 10-year
economic plan.
(c) Of the above general fund appropriation, $186,200 shall be for a grant
to the Vermont sustainable jobs fund and $50,000 shall be for a grant to the
Vermont council on rural development.
Sec. 205a. ECONOMIC DEVELOPMENT STUDY COMMITTEE
(a) There is created an economic development study committee to be
composed of six members of the general assembly, three from the senate
appointed by the senate committee on committees, one each from the
committees on appropriations, finance, and economic development, housing
and general affairs; and three members of the house appointed by the speaker,
one each from the committees on appropriations, commerce, and ways and
means.
(b) The committee may meet following adjournment of the 2005 session of
the general assembly up to six times to perform its duties, and for attendance at
meetings, members shall be entitled to reimbursement for expenses and
compensation for services as provided in 2 V.S.A. § 406.
(c) The economic development study committee shall have the assistance
of the joint fiscal office, the legislative council, the department of taxes, the
agency of commerce and community development, and the Vermont economic
72
progress council. With the approval of the joint fiscal committee, the
economic development study committee may retain or contract for expert
consulting assistance.
(d) The study committee shall:
(1) Request and review a legal opinion from the attorney general
regarding the ability of the department of taxes to recapture or disallow EATI
awards made subsequent to July 2000 and oversee any resulting actions by the
department of taxes to recapture or disallow pre-July 2000 EATI awards.
(2) Oversee the implementation of any payroll-based tax credit program
and recommend whether such a program should be extended beyond fiscal
2006 with any revisions the committee deems appropriate.
(3) Review and recommend to the general assembly appropriate
parameters and objectives of any tax-based economic incentive program, and
for this purpose, shall specifically consider appropriate means:
(A) to target economic advancement incentives to regions and labor
market areas of the state with high unemployment, low per capita wages, or
other indications of need for economic development and job creation;
(B) to focus upon and provide incentives to ensure net economic
benefit to the state and for additional economic growth, whether that be
through the application of a “but for” test or through the application of an
annual cap or other limitation on the amount awards, to require priorities for
awards, a combination of such means, or other methods; and
(C) to develop and link economic advancement tax incentives to
municipal awards and incentives to municipalities and to account for the same.
(4) Create a framework, articulate objectives, and recommend means by
which a long-term economic development plan can be generated and
recommend provisions for revising the long-term economic development
planning process in the state.
(e) The economic development study committee shall report its findings
and recommendations to the senate committees on economic development,
housing and general affairs, finance, and appropriations, and the house
committees on commerce, ways and means, and appropriations no later than
January 15, 2006.
Sec. 205b. CHIEF MARKETING OFFICER
(a) The establishment of one (1) new exempt position - Chief Marketing
Officer - is authorized in fiscal year 2006. This position shall be transferred
and converted from existing vacant positions in the executive branch of state
government and shall be established within office of the secretary of
commerce and community development, to be appointed by and report to the
secretary of the agency of commerce and community development.
73
(b) It is the responsibility of the Chief Marketing Officer (CMO) to ensure
consistency and efficiency in the use of state funds for marketing and
promotional activities conducted by state agencies. The duties of the CMO
shall include, but not be limited to, the following:
(1) Consolidate appropriate statewide marketing communications
activities of the 10 marketing and promotional (MAP) state agency partners,
the department of tourism and marketing, the department of economic
development, the agency of agriculture, food and markets, the division of
historic preservation, the film commission, the agency of transportation, the
department of forests, parks and recreation, the department of fish and wildlife,
the Vermont arts council, and the information centers division.
(2) Develop, produce, and place marketing and promotional materials
for all MAP agencies. The CMO will work with the MAP agencies to develop
annual marketing objectives, plans, and strategies and create objective metrics
for evaluating the effectiveness of the centralized marketing approach.
(3) Marketing and promotional funds allocated with agency budgets will
be retained by the state agencies, however the expenditure of these funds must
first be approved by the CMO.
(4) The CMO shall consolidate state marketing and promotional
activities with these existing resources in state agencies. The CMO may make
recommendations for reallocation through interdepartmental transfer of these
resources. Funds may be transferred with the approval of the general assembly
or the joint fiscal committee if the general assembly is not in session.
(5) The CMO will conduct annual research to assess state agency
satisfaction with the centralized marketing department and communicate the
benefits of the consolidated statewide approach to all state agencies.
(6) The CMO shall report to the general assembly by January 15, 2006
on the potential for licensing a state-owned Vermont brand to state-based
companies. This report shall include the statutory changes that will be needed,
including the repeal of existing regulations regarding the use of the Vermont
name; and the estimated time line for establishing the Vermont brand program.
(c) The CMO and the secretary of commerce and community development
shall make recommendations to redirect state resources from administration
and overhead in MAP agencies to marketing and promotional activities.
Sec. 206. [Deleted]
Sec. 207. Housing and community affairs
Personal services
Operating expenses
Grants
Total
Source of funds
2,492,749
301,356
4,079,340
6,873,445
74
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
1,531,188
3,663,918
1,639,339
39,000
6,873,445
(a) Of the above appropriation, no less than $60,000 in general funds shall
be granted to the Champlain Valley Office of Economic Opportunity’s mobile
home project for the “First Stop” program, which provides assistance to mobile
home residents statewide.
Sec. 208. Historic sites - operations
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Interdepartmental transfer
Total
604,583
275,769
880,352
479,352
372,000
29,000
880,352
Sec. 209. Historic sites - special improvements
Personal services
Operating expenses
Total
Source of funds
Special funds
Federal funds
Interdepartmental transfer
Total
71,408
911,408
982,816
50,000
398,140
534,676
982,816
Sec. 210. Community development block grants
Grants
Source of funds
Federal funds
8,646,118
8,646,118
(a) Community development block grants will carry forward until
expended.
(b) Community development block grant (CDBG) funds shall be expended
in accordance with and in the order of the following priorities:
(1) The greatest priority for the use of CDBG funds will be the creation
and retention of affordable housing and jobs.
(2) The overarching priority and fundamental objective in the use of
funds for all affordable housing is to achieve perpetual affordability through
the use of mechanisms that produce housing resources that will continue to
75
remain affordable over time. At least 50 percent of CDBG funds shall be used
for housing applications that strive to achieve perpetual affordability.
(3) Among affordable housing applications, the highest priorities are to
preserve and increase the supply of affordable family housing, to reduce and
strive to eliminate childhood homelessness, and to serve families and
individuals at or below 30 percent of HUD Area Median Income and people
with special needs as described in the Consolidated Plan. Housing for seniors
should be considered when it meets clear unmet needs in the region and when
it leverages rental assistance or other public subsidies for the lowest income
seniors.
(4) Projects which address the ongoing deterioration of the existing
housing stock through acquisition, preservation, and rehabilitation of units
shall comply with housing quality standards with priority given to lead hazard
reduction and energy efficiency.
(5) Preference shall be given to projects that maintain the historic
settlement pattern of compact village and downtown centers separated by a
rural working landscape. Funds should not be awarded to projects that
promote or constitute sprawl, defined as dispersed development outside of
compact urban and village centers, along highways, and in rural countryside.
(c) Community development block grant funds shall not be allocated under
a Notice of Fund Availability process for brownfields assessment or abatement
or any other purpose without the express approval of the general assembly
(d) To the extent that they are not inconsistent with the priorities expressed
in Sec. 210(b) of this act, the priorities expressed in the 2004-2005 HUD
Consolidated Plan shall remain in full force and effect until a new
Consolidated Plan for 2005-2010 has been reviewed and approved by the
General Assembly. The department of housing and community affairs shall
not adopt housing priorities that conflict with those in Sec. 210(b) or with the
2004-2005 Consolidated Plan without the approval of the general assembly.
The department shall file a report with the general assembly on the
implementation of the above priorities no later than January 15, 2006.
Sec. 211. Downtown transportation and capital improvement fund
Personal services
Grants
Total
Source of funds
Special funds
40,000
760,000
800,000
800,000
Sec. 212. Economic development
Personal services
Operating expenses
Grants
Total
1,759,654
726,057
1,709,943
4,195,654
76
Source of funds
General fund
Special funds
Federal funds
Total
3,542,184
455,000
198,470
4,195,654
Sec. 212a. 10 V.S.A. § 291 is amended to read:
§ 291.
VERMONT SEED CAPITAL FUND; AUTHORIZATION;
LIMITATIONS
***
(b) The Vermont seed capital fund shall be formed as either a business
corporation or a limited partnership pursuant to Title 11 and shall be subject to
all the following:
***
(2) Before the fund makes any investments, the fund shall:
(A) If organized as a corporation, have and thereafter maintain a
board of nine directors, seven of whom shall to be elected by the shareholders
and two of whom shall be appointed by the governor with the advice and
consent of the senate and shall represent the public interest of the state.
(B) If organized as a partnership, have and maintain a board of three
advisors appointed by the governor with the advice and consent of the senate
Vermont economic development authority. The board of advisors shall
represent solely the public economic interest of the state with respect to the
management of the fund and shall have no civil liability for the financial
performance of the fund. The board of advisors shall be advised of
investments made by the fund and shall have access to all information held by
the fund with respect to investments made by the fund.
***
Sec. 213. Vermont training program
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Total
67,050
26,637
1,849,013
1,942,700
1,907,700
35,000
1,942,700
Sec. 214. Tourism and marketing
Personal services
Operating expenses
Grants
1,804,143
2,068,315
337,000
77
Total
Source of funds
General fund
4,209,458
4,209,458
Sec. 215. Vermont life
Personal services
Operating expenses
Total
Source of funds
Enterprise funds
719,770
128,000
847,770
847,770
Sec. 216. Vermont council on the arts
Grants
Source of funds
General fund
494,618
494,618
Sec. 217. Vermont symphony orchestra
Grants
Source of funds
General fund
101,960
101,960
Sec. 218. Vermont historical society
Grants
Source of funds
General fund
630,653
630,653
Sec. 219. Vermont housing and conservation board
Grants
Source of funds
Special funds
Federal funds
Total
26,246,036
14,088,426
12,157,610
26,246,036
Sec. 219a. 10 V.S.A. § 321 is amended to read:
§ 321. GENERAL POWERS AND DUTIES
***
(b) The board shall seek out and fund not-for-profit organizations and
municipalities that can assist any region of the state which has high housing
prices, high unemployment and low per capita incomes in obtaining grants and
loans under this chapter for perpetually affordable housing. The board shall
administer the “HOME” affordable housing program which was enacted under
Title II of the Cranston-Gonzalez National Affordable Housing Act (Title II,
P.L. 101-625, 42 U.S.C. 12701-12839. The state of Vermont, as a
participating jurisdiction designated by Department of Housing and Urban
Development, shall enter into a written agreement with the board, as
78
subrecipient, authorizing the use of HOME funds for eligible activities in
accordance with applicable federal law and regulations. HOME funds shall be
used to implement and effectuate the policies and purposes of this chapter
related to affordable housing.
(c) On behalf of the state of Vermont, the board shall seek and administer
federal farmland protection funds to facilitate the acquisition of interests in
land to protect and preserve in perpetuity important farmland for future
agricultural use. Such funds shall be used to implement and effectuate the
policies and purposes of this chapter.
(c) (d) The board shall inform all grant applicants and recipients of funds
derived from the annual capital appropriations and state bonding act of the
following: "The Vermont Housing and Conservation Trust Fund is funded by
the taxpayers of the State of Vermont, at the direction of the General
Assembly, through the annual Capital Appropriation and State Bonding Act."
An appropriate placard shall, if feasible, be displayed at the location of the
proposed grant activity.
Sec. 220. Vermont humanities council
Grants
Source of funds
General fund
160,599
160,599
(a) Of the above appropriation, $20,000 shall be used to support the
connections program.
Sec. 221. Total commerce and community development
58,959,998
Source of funds
General fund
Special funds
Federal funds
Enterprise funds
Interdepartmental transfer
Total
15,005,531
19,464,344
23,039,677
847,770
602,676
58,959,998
Sec. 222. TRANSPORTATION
(a) Transportation fund appropriations made available for the agency of
transportation in cooperation with the federal government shall be available
until expended and shall not revert.
(b) The commissioner of finance and management shall maintain and
control transportation appropriations in separate state and federal
appropriations, as needed, and may incur overdrafts in personal services and
operating expenses pending distribution of payroll and employee charges to
other appropriations.
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Sec. 223. Transportation - finance and administration
Personal services
Operating expenses
Total
Source of funds
Transportation fund
Federal funds
Total
8,199,420
2,063,928
10,263,348
9,715,292
548,056
10,263,348
Sec. 224. Transportation - aviation
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
1,199,104
8,023,312
50,000
9,272,416
2,222,416
7,050,000
9,272,416
Sec. 225. Transportation - buildings
Personal services
Operating expenses
Total
Source of funds
Transportation fund
210,000
1,212,548
1,422,548
1,422,548
Sec. 226. Transportation - program development
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Local match
Federal funds
Total
37,671,918
72,323,384
37,115,246
147,110,548
28,414,322
1,894,676
116,801,550
147,110,548
Sec. 227. [Deleted]
Sec. 228. [Deleted]
Sec. 229. Transportation - interstate rest areas
Personal services
Operating expenses
Total
Source of funds
Transportation fund
80,000
941,100
1,021,100
50,000
80
Federal funds
Total
971,100
1,021,100
Sec. 230. Transportation – maintenance - state system
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
29,457,669
24,471,617
987,800
54,917,086
54,209,586
707,500
54,917,086
Sec. 231. Transportation - policy and planning
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
2,641,670
492,908
4,140,769
7,275,347
1,806,692
5,468,655
7,275,347
Sec. 232. Transportation - rail
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
743,456
6,328,746
2,700,000
9,772,202
7,421,929
2,350,273
9,772,202
Sec. 233. Transportation - public transit
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
470,313
130,240
14,163,340
14,763,893
5,671,599
9,092,294
14,763,893
Sec. 234. Transportation - central garage
Personal services
Operating expenses
3,183,942
9,959,952
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Total
Source of funds
Internal service funds
13,143,894
13,143,894
(a) Of the above appropriation, $1,400,000 is from the transportation
equipment replacement account within the central garage fund in accordance
with 19 V.S.A. § 13(c) for the purchase of equipment as authorized in
19 V.S.A. § 13(b).
Sec. 235. Department of motor vehicles
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
16,324,559
6,438,943
156,250
22,919,752
22,286,370
633,382
22,919,752
(a) Of the above transportation fund appropriation, $127,483 shall be
transferred to the department of education, education programs to support the
driver education program.
Sec. 236. Transportation - town highway - structures
Grants
Source of funds
Transportation fund
3,494,500
3,494,500
Sec. 237. Transportation - town highway - emergency fund
Grants
Source of funds
Transportation fund
350,000
350,000
Sec. 238. Transportation - town highway - Vermont local roads
Grants
Source of funds
Transportation fund
Federal funds
Total
783,700
643,700
140,000
783,700
Sec. 239. Transportation - town highway - class 2 roadway
Grants
Source of funds
Transportation fund
4,248,750
4,248,750
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Sec. 240. Transportation - town highway - bridges
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Local match
Federal funds
Total
3,650,000
16,862,175
43,000
20,555,175
3,892,314
1,563,678
15,099,183
20,555,175
Sec. 241. Transportation - town highway - aid program
Grants
Source of funds
Transportation fund
24,982,744
24,982,744
(a) The above appropriation is authorized, notwithstanding 19 V.S.A.
§ 306(a).
Sec. 242. Transportation - town highway - class 1 supplemental grants
Grants
Source of funds
Transportation fund
128,750
128,750
Sec. 243. Transportation - public assistance grant program
Grants
Source of funds
Local match
Federal funds
Total
200,001
1
200,000
200,001
Sec. 244. Transportation board
Personal services
Operating expenses
Total
Source of funds
Transportation fund
72,795
10,605
83,400
83,400
Sec. 244a. Bridge Maintenance Program
Operating expenses
Source of funds
Transportation fund
Local funds
Federal funds
Total
4,662,281
959,622
61,361
3,641,298
4,662,281
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Sec. 244b. Discretionary Spending
Operating expenses
Source of funds
Transportation fund
Federal funds
Total
1,994,947
156,334
1,838,613
1,994,947
(a) The secretary of the agency of transportation is authorized to allocate
the above funds to projects within the safety and traffic operations, town
bridge, and bridge maintenance programs. To the extent that selected projects
require a local match, the local match amount is hereby appropriated.
Sec. 245. Total transportation
353,366,382
Source of funds
Transportation fund
Local match
Federal funds
Internal service funds
Total
172,160,868
3,519,716
164,541,904
13,143,894
353,366,382
Sec. 246. Debt service
Debt service
Source of funds
General fund
Transportation fund
Special funds
Total
67,516,234
63,023,427
2,109,547
2,383,260
67,516,234
Sec. 247. Total debt service
67,516,234
Source of funds
General fund
Transportation fund
Special funds
Total
63,023,427
2,109,547
2,383,260
67,516,234
Sec. 248. RELATIONSHIP TO EXISTING LAWS
(a) Except as specifically provided, this act shall not be construed in any
way to negate or impair the full force and effect of existing laws.
Sec. 249. OFFSETTING APPROPRIATIONS
(a) In the absence of specific provisions to the contrary in this act, when
total appropriations are offset by estimated receipts, the state appropriations
shall control, notwithstanding receipts being greater or less than anticipated.
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Sec. 250. FEDERAL FUNDS
(a) In fiscal year 2006, the governor, with the approval of the general
assembly, or the joint fiscal committee if the general assembly is not in
session, may accept federal funds available to the state of Vermont including
block grants in lieu of or in addition to funds herein designated as federal. The
governor, with the approval of the general assembly, or the joint fiscal
committee if the general assembly is not in session, may allocate all or any
portion of such federal funds for any purpose consistent with the purposes for
which the basic appropriations in this act have been made.
(b) If, during fiscal year 2006, federal funds available to the state of
Vermont and designated as federal in this and other acts of the 2005 session of
the Vermont general assembly are converted into block grants or are abolished
under their current title in federal law and reestablished under a new title in
federal law, the governor may continue to accept such federal funds for any
purpose consistent with the purposes for which the federal funds were
appropriated. The governor may spend such funds for such purposes for no
more than 45 days prior to legislative or joint fiscal committee approval.
Notice shall be given to the joint fiscal committee without delay if the
governor is intending to use the authority granted by this section, and the joint
fiscal committee shall meet in an expedited manner to review the governor’s
request for approval.
(c) Any agreement, waiver of the federal Medicaid law, or commitment
negotiated by the state with the federal government under which funding for
the Medicaid program in Vermont is to be transformed from a system of
state-federal matching grants to any other system of federal participation, such
as global funding commitments or block grants, is conditional upon approval
by act of the general assembly, or, if the general assembly is not in session, by
a majority vote of the members of the joint fiscal committee upon
recommendation of the health access oversight committee. For the purposes of
this section, “Medicaid program” means any program for which Medicaid
funding is currently spent or is anticipated to be spent, including Medicaid, the
Vermont health access plan, VHAP pharmacy, VScript, special education
services, home- and community-based services, mental health services,
services provided by the state ombudsman programs, or services for the
developmentally disabled. For the purposes of this section, “funding for the
Medicaid program” also means federal allocations or other funding for the
state children’s health insurance program (SCHIP) if such funding is to be
included in or accounted for in any negotiated system of federal participation,
including a determination of budget neutrality.
Sec. 251. DEPARTMENTAL RECEIPTS
(a) All receipts shall be credited to the general fund except as otherwise
provided and except the following receipts, for which this subsection shall
constitute authority to credit to special funds:
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Connecticut River flood control
Department of public service - sale of power
Department of taxes - unorganized towns and gores
(b) Notwithstanding any other provision of law, departmental indirect cost
recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of
the secretary of administration, to be retained by the department. All
recoveries not so authorized shall be covered into the general fund, or, for
agency of transportation recoveries, the transportation fund.
Sec. 252. NEW POSITIONS
(a) Notwithstanding any other provision of law, the total number of
authorized state positions, both classified and exempt, excluding temporary
positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal
year 2006, except for new positions authorized by the 2005 session. Limited
service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to
this restriction.
Sec. 253. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) This act contains the following amounts appropriated from special funds
that receive revenue from the property transfer tax. Expenditures from these
appropriations shall not exceed available revenues:
(1) Notwithstanding Sec. 273 of No. 122 of the Acts of the 2003 Adj. Sess
(2004), the sum of $288,000 is appropriated from the property valuation and
review administration special fund to the department of taxes for administration
of the use tax reimbursement program. Notwithstanding 32 V.S.A. § 9610(c),
amounts above $288,000 from the property transfer tax that are deposited into the
property valuation and review administration special fund shall be transferred
into the general fund.
(2) The sum of $13,171,180 is appropriated from the Vermont housing and
conservation trust fund to the Vermont housing and conservation trust board.
Notwithstanding 10 V.S.A. § 312, amounts above $13,171,180 from the property
transfer tax that are deposited into the Vermont housing and conservation trust
fund shall be transferred into the general fund.
(3) The sum of $3,939,566 is appropriated from the municipal and
regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above
$3,939,566 from the property transfer tax that are deposited into the municipal
and regional planning fund shall be transferred into the general fund. The
$3,939,566 shall be allocated as follows:
(A) The sum of $2,757,696 for disbursement to regional planning
commissions in a manner consistent with 24 V.S.A. § 4306(b);
(B) The sum of $787,913 for disbursement to municipalities in a
manner consistent with 24 V.S.A. § 4306(b);
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(C)
information.
The sum of $393,957 to the Vermont center for geographic
(b) Property transfer tax revenues in fiscal year 2006 shall be distributed
pursuant to 32 V.S.A §§ 435(b)(10) and 9610(c), 10 V.S.A. § 312, and 24 V.S.A.
§ 4306(a), and transferred into the general fund consistent with the provisions of
subsection (a) of this section, except that any property transfer tax revenues above
$39,801,000, not to exceed $2,500,000, shall be deposited into the Vermont
housing and conservation trust fund, and appropriated to the Vermont housing
and conservation trust board.
(c) In fiscal year 2007, the appropriations in subdivisions (a)(1)-(3) of this
section shall increase by 4.5 percent.
Sec. 254. TRANSPORTATION FUND TRANSFER
(a) The amount of $800,000 is transferred from the transportation fund to
the downtown transportation and related capital improvement fund established
by 24 V.S.A. § 2796 to be used by the Vermont downtown development board
for the purposes of the fund.
Sec. 255. FISCAL YEAR 2005 GENERAL FUND APPROPRIATIONS
AND TRANSFERS
(a) In fiscal year 2005, there is transferred $15,710,000 from the general
fund to the health access trust fund.
(b) The sum of $4,000,000 is appropriated to the department of education
for state aid for school construction projects pursuant to 16 V.S.A. § 3448 as
set forth in Sec. 6 of H.518 of 2005 (the Fiscal Year 2006 Capital
Appropriations Act). For the purposes of 32 V.S.A. § 308, this appropriation
shall be considered to be made in fiscal year 2006.
(c) There is appropriated $1,980,000 from the general fund in fiscal year
2005 as follows:
(1) The sum of $250,000 to the legislature to support the activities of the
legislative commission on health care reform as established by Sec. 4 of H.524
of 2005;
(2) The sum of $250,000 to the legislature for studies as required by
H.524 of 2005;
(3) The sum of $450,000 to the department of health for a pilot program
to provide training and capitated payment to primary care physicians treating
Medicaid patients with substance abuse diagnoses;
(4) The sum of $50,000 to the agency of human services for a grant to
the Vermont legal aid program to provide cost of living adjustment to staff;
(5) The sum of $200,000 to the department of taxes for fiscal year 2006
PILOT payments;
87
(6) The sum of $350,000 to the department of education for transfer to
the department of corrections as needed for special education program
expenses. The department of corrections with the department of education
shall develop a plan for special education within its corrections system high
school program;
(A) The plan shall include:
(i) spending targets and budgets;
(ii) a description of how short-term and longer-term youth
inmates’ needs are to be addressed;
(iii) the specific measurable outcomes on which the system will be
evaluated; and
(B) The departments shall submit the plan to the house and senate
committees on appropriations and education on or before December 15, 2005.
(7) The sum of $50,000 to the office of economic opportunity for a grant
to the community action agencies for individual development accounts;
(8) The sum of $100,000 to the office of economic opportunity for the
“micro-business” development fund;
(9) The sum of $100,000 to the department for children and families for
the rental or mortgage arrearage assistance program. This allocation shall be
equally distributed between the category I and category II levels of assistance;
(10) The sum of $15,000 to the agency of agriculture, food, and markets
for the “youth in agriculture program;
(11) The sum of $50,000 to the secretary of administration for grants to
regional marketing programs. These grants shall be distributed in the same
manner as other regional marketing grants made by the secretary;
(12) The sum of $10,000 to the department of public service to support
the development and increased use of cogeneration and biomass technologies;
(13) The sum of $75,000 to the office of military and veterans affairs for
a grant for the purchase of vans for the disabled American veteran’s
transportation network;
(14) The sum of $10,000 for Vermont veterans home therapeutic
exercise pool study. The Vermont veterans home shall study adding a physical
therapy exercise pool to the facility. The home shall study issues of space,
access, and its complementary nature to other home activities. Said funds shall
be used for the study, with any remainder being used held for eventual
purchase;
(15) The sum of $10,000 to the Vermont symphony orchestra for the
musical instrument purchase program for a concert grand Steinway piano;
88
(16) The sum of $10,000 to the Vermont council on the humanities as a
contribution toward the purchase of a building.
Sec. 255a. WINDSOR SITE SETTLEMENT APPROPRIATION
(a) Notwithstanding 10 V.S.A § 1283(1), in fiscal year 2005 $300,000 is
appropriated from the environmental contingency fund to the department of
corrections for environmental expenses related to the former Windsor prison
site.
Sec. 256. 32 V.S.A. § 308c is added to read:
§ 308c. GENERAL FUND AND TRANSPORTATION FUND SURPLUS
RESERVES
(a) There is hereby created within the general fund a general fund surplus
reserve. Monies from this reserve shall not be expended except by specific
appropriation of the general assembly.
(b) There is hereby created within the transportation fund a transportation
fund surplus reserve. Monies from this reserve shall not be expended except
by specific appropriation of the general assembly.
(c) The general fund surplus reserve created in subsection (a) of this section
shall supersede and replace the general fund surplus reserve established in Sec.
277(5) of No. 147 of the Acts of the 1997 Adj. Sess. (1998), as amended by
Sec. 88 of No. 1 of the Acts of 1999.
Sec. 257. [Deleted]
Sec. 258. 19 V.S.A. § 11a is amended to read:
§ 11a. TRANSPORTATION FUNDS APPROPRIATED FOR SUPPORT OF
GOVERNMENT
For fiscal year 2006 and thereafter, the maximum amount of transportation
funds that may be appropriated for the support of government, other than for
the agency of transportation, transportation pay act funds, the cost of
maintaining and staffing rest areas, construction of transportation capital
facilities used by the agency of transportation, and transportation debt service,
shall not exceed 18.5 18.0 percent of the total of the prior fiscal year
transportation fund appropriations.
Sec. 259. [Deleted]
Sec. 260. [Deleted]
Sec. 261. PERSONNEL EXPENDITURES GROWTH ANALYSIS
(a) As part of the governor’s budget presentation, the administration shall
include a comparative analysis of the growth of payroll by fund over the past
three years and the growth rates of the source fund. Where payroll is growing
faster than fund growth, the administration shall provide an explanation for
such growth and its impact on future budgets.
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Sec. 262. IN-DEPTH BUDGETING PILOT PROGRAM
(a) As part of the fiscal year 2007 budget development process, the
commissioner of finance and management shall select up to two departments to
undergo an in-depth budget review. The commissioner’s choices of agencies
to be reviewed shall be submitted for comment to the joint fiscal committee at
its July 2005 meeting. Said review(s) when completed, shall be submitted in
writing no later than January 20, 2006 to the house and senate committees on
appropriations along with the governor’s budget proposal. The review shall
examine all aspects of the department activities as to mission, goals, and
performance measures, the various financial and budgetary systems in place,
and specifically shall:
(1) Review department organization and finances for the effectiveness
of achieving its mission.
(2) Evaluate whether there are any measures and specific measurable
evidence of the value of the department’s programs and expenditures.
(3) Assess the costs and benefits that would occur if a portion of the
funds spent were used for other programs that could reduce demand for the
department’s services.
Sec. 263. FISCAL YEAR 2005 DESIGNATED BALANCE (WATERFALL)
(a) At the close of fiscal year 2005, the fiscal year 2005 unreserved and
undesignated general fund balance on a budgetary basis, as determined by the
commissioner of finance and management on July 31, 2005, in order to the
extent funds are available:
(1) First, shall be transferred to the general fund budget stabilization
reserve to the extent necessary to attain its statutory maximum;
(2) Second, shall be transferred to the transportation fund budget
stabilization reserve to the extent necessary to attain its statutory maximum;
(3) Third, $1,125,000 shall be appropriated to the agency of human
services for Vermont state hospital expenditures in fiscal year 2006;
(4) Fourth, up to $3,415,000 shall be appropriated as necessary to the
secretary of administration to ensure that said amount is available for fiscal
year 2006 general fund pay act obligations. This appropriation shall be made
only to the extent necessary to make up the difference from the above amount
and that amount appropriated under Sec. 264(a)(2) of this act [fiscal year 2006
contingent appropriation];
(5) Fifth, up to $14,000,000 shall be appropriated as necessary to the
Vermont health access trust fund to ensure that said amount is available for
fiscal year 2006 general fund obligations. This appropriation shall be made
only to the extent necessary to make up the difference from the above amount
and that amount appropriated under Sec. 264(a)(3) of this act [fiscal year 2006
contingent appropriation].
90
(b) To the extent additional funds are available, $17,200,000 shall be
transferred and appropriated to the health access trust fund for the following:
(1)
First, $14,437,000 to offset postponement of the second
disproprotionate share payment until fiscal year 2007;
(2) Second, $1,039,000 to provide additional resources for Medicaid
expenditures; and
(3) Third, $1,039,000 to the office of Vermont health access to fund the
Vermont blueprint for health: The chronic care initiative under Sec. 19 of
House 524 as amended by the Senate. The office of Vermont health access
shall ensure that the initiative includes health care professionals licensed,
registered, or certified in the state of Vermont including chiropractors,
naturopathic physicians, and acupuncturists;
(4) Fourth, $400,000 to the office of Vermont health access to fund
actuarial work related to the managed care organization;
(5) Fifth, $375,000 to the department of environmental conservation for
stormwater grants.
(c) To the extent additional funds are available:
(1) First, $4,500,000 shall be appropriated to the tax department for
income sensitivity payments made pursuant to No. 17 of the Acts of 2005;
(2) Second, $2,000,000 shall be transferred to the teachers’ retirement
fund;
(3) Third, $4,500,000 is appropriated to the department of education for
state aid for school construction projects pursuant to 16 V.S.A. § 3448 as set
forth in Sec. 6 of H.518 of 2005 (the Fiscal Year 2006 Capital Appropriations
Act). For the purposes of 32 V.S.A. § 308, this appropriation shall be
considered to be made in fiscal year 2006;
(4) Fourth, $1,000,000 is appropriated to the department of banking,
insurance , securities, and health care administration as follows: $250,000 plus
an additional appropriation of $750,000 for dollar-for-dollar matching funds to
leverage resources necessary to fund the pilot program authorized under
subsection 9417(e) of Title 18;
(5) Fifth, $250,000 shall be appropriated to the department of health for
use as an additional appropriation to fund free clinics;
(6) Sixth, $250,000 is appropriated to the tax department to assist with
implementation expenses for the payroll tax included in H.524 as passed by the
Senate;
(7) Seventh, $450,000 is appropriated to the department of health for
area health education council activities.
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(8) Eighth, $1,000,000 is appropriated to the secretary of administration
for information technology projects as follows:
(A) $500,000 to be utilized at the secretary’s discretion for projects
including: a) department of taxes to fund preliminary work in creating an
automated corporate tax filing system, and b) to the agency of natural
resources for a “permit on web” initiative. The legislature’s goal for this
initiative is to begin the functional process of bringing transparency and
efficiency to the application, processing, and review process;
(B) $500,000 to the office of health access for direct support of the
coverage and services management and for global clinical record systems.
These funds shall be matched with federal funds. Ten positions are authorized
and shall be transferred and converted from the state position pool.
(9) Ninth, $1,050,000 is appropriated as follows:
(A) $350,000 to the defender general for upgrading the departmental
computer systems;
(B) $95,000 to the joint fiscal committee, $80,000 for budget system
integration to be developed with consultation of the legislative information
technology staff, and $15,000 for transfer to the department of taxes for tax
expenditure reporting;
(C) $170,000 to the department of health for replacement of
datamaster units in the forensic alcohol program;
(D)
replacement;
$160,000 to the department of public safety for vehicle
(E) $50,000 to the department of buildings and general services for a
direct grant to the Northeast Kingdom Human Services Incorporated for
building construction in St. Johnsbury;
(F)
$100,000 to the agency of commerce and community
development to fund matching grants to tourism and marketing organizations
and private sector related businesses as approved by the chief marketing officer
in order to increase the volume of nonresident visitation to the state and to
support economic development through the creation or enhancement of
tourism marketing programs, events, or activities;
(G) $25,000 to the Vermont economic progress council for
requirements under Sec. 205a of this act;
(H) $100,000 to the department of health for nursing loan repayment
for nursing faculty.
(10) Tenth, $200,000 shall be transferred to the emergency relief and
assistance fund, which amount is hereby authorized for expenditure by the
agency of transportation as state match to municipalities for FEMA public
assistance disasters;
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(11) Eleventh, for the purposes of securing a line of credit with the
Vermont economic development authority, private non-profit “program for allinclusive care for the elderly” (PACE) programs shall be considered an
“eligible project” as defined under 10 V.S.A. chapter 12 § 212(6).
Notwithstanding the foregoing, the extension of loans or mortgage insurance
pursuant to 10 V.S.A. chapter 12 shall be upon such terms and conditions as
the authority may prescribe, including those findings required under 10 V.S.A.
chapter 12. VEDA shall consider such a guarantee prior to July 31, 2005.
$605,000 shall be appropriated to the office of Vermont health access to
provide capitalization grants for Vermont-based PACE centers if the PACE
program does not qualify for such a guarantee.
(d) Any remaining funds shall be held in the general fund surplus reserve
for appropriation during the budget adjustment process.
Sec. 264. FISCAL YEAR 2006 CONTINGENT APPROPRIATIONS AND
TRANSFERS
(a) In the event the official 2006 fiscal year revenue forecast for the
available general fund adopted by the emergency board at its July 2005
meeting exceeds $1,015,612,000, not including the first $1,020,000 of any
increase attributable to the property transfer tax revenue growth, in excess of
the official forecast of January 14, 2005:
(1) First, in accordance with Sec. 272(a)(2) of this act, additional
payments of interest received during fiscal year 2006 from the Vermont
economic development authority upon the authority’s note to the state dated
May 15, 2003, shall be paid into the VEDA indemnification fund created in
10 V.S.A. § 222a.
(2) Second, to the extent the forecast is exceeded, up to $3,415,096 is
appropriated to the secretary of administration to fund fiscal year 2006 general
fund pay act obligations.
(3) Third, to the extent the forecast is exceeded, up to $14,000,000 is
appropriated to the health access trust fund and shall be considered a “base
appropriation” to fund fiscal year 2006 Medicaid obligations.
(4) Fourth, to the extent the forecast is exceeded, up to $3,400,000 is
appropriated to the tax department to supplement funds in Sec. 173 Tax
department - property tax assistance, to meet income sensitivity needs in FY
2006.
(b) Any remaining funds shall be reserved for appropriations during the
fiscal year 2006 budget adjustment process.
Sec. 264a. PAY ACT FUNDING
(a) In the event that the general fund pay act for fiscal year 2006 is not fully
funded in subdivisions 263(a)(3) and 264(a)(2) of this act, the emergency
board at its July 2004 meeting shall use its transfer authority to ensure that
93
sufficient funds are available to fully fund the pay act general fund
appropriation.
Sec. 265.
BALANCE
FISCAL YEAR 2006 TOBACCO SETTLEMENT FUND
(a) Notwithstanding 18 V.S.A. § 9502(b), in fiscal year 2006, the balance
in the tobacco litigation settlement fund shall remain in the tobacco litigation
settlement fund.
Sec. 266. TRANSFER OF TOBACCO TRUST FUNDS
(a) Notwithstanding 18 V.S.A. § 9502(a)(3), at the close of fiscal year
2006, the secretary of administration may transfer funds from the tobacco trust
fund to the tobacco litigation settlement fund established in 32 V.S.A. § 435a
in an amount needed to bring the ending balance of the tobacco litigation
settlement fund to $0.00 for fiscal year 2006, but the amount transferred may
not exceed the amount withheld from the payment to Vermont by participating
manufacturers due in April 2006 under the Master Tobacco Settlement
Agreement. Upon release and deposit of the withheld funds into the tobacco
litigation settlement fund, an amount equal to the amount transferred under this
provision shall be returned to the tobacco trust fund.
(b) This section shall not expire June 30, 2006.
Sec. 267. 16 V.S.A. § 2969 is amended to read:
§ 2969. PAYMENTS
***
(b) Reimbursements under sections 2962 and 2963 of this title and for
state-placed students under section 2950 of this title for expenditures for the
final period of any fiscal year shall be paid from the available funds
appropriated for that fiscal year and shall be encumbered for that purpose.
(c)(b) For the purpose of meeting the needs of students with emotional
behavioral problems, each fiscal year the commissioner shall use for training,
program development, and building school and regional capacity, up to one
percent of the state funds appropriated under this subchapter.
(d)(c) Each fiscal year the commissioner shall use for the training of
teachers, administrators and other personnel in the identification and
evaluation of, and provision of education services to children who require
educational supports, up to 0.75 percent of the state funds appropriated under
this subchapter. In order to set priorities for the use of these funds, the
commissioner shall identify effective practices and areas of critical need. The
commissioner may expend up to five percent of these funds for statewide
training and shall distribute the remaining funds to school districts or
supervisory unions. School districts and supervisory unions that apply for
funds under this section must submit a plan for training which will result in
lasting changes in their school systems and give assurances that at least
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50 percent of the costs of training including in-kind costs will be assumed by
the applicant. The commissioner shall establish written procedures and criteria
for the award of such funds. In addition, the commissioner may identify
schools most in need of training assistance and may pay for 100 percent of
help provided to these schools.
Sec. 268. 8 V.S.A. § 80 is amended to read:
§ 80. INSURANCE REGULATORY AND SUPERVISION FUND
***
(b) Annually, $30,000.00 shall be transferred from the fund to the fire
service training council special fund established in 20 V.S.A. § 3157.
(b)(c) At the end of each fiscal year, the balance in the insurance regulatory
and supervision fund shall be transferred to the general fund.
(c)(d) The commissioner of finance and management may anticipate
receipts to the insurance regulatory and supervision fund and issue warrants
based thereon.
Sec. 269. 20 V.S.A. § 3157 is amended to read:
§ 3157. FIRE SERVICE TRAINING COUNCIL SPECIAL FUND
The fire service training council special fund is established. The fund shall
be administered by the commissioner of public safety from which payments
may be made to support training programs and activities authorized by this
chapter, maintenance and operation of any permanent training facilities
operated by the council, and the administrative expenses of the council. The
fund shall consist of all monies received from tuitions, contributions, capital
grants, or other funds received by the council, transfers from the insurance
regulatory and supervision fund under subsection 80(b) of Title 8, and
assessments of insurance companies under subsection 8557(a) of Title 32,
together with monies appropriated to the fund. Monies remaining in the fund
at the end of any fiscal year shall be carried forward and remain in the fund.
Disbursement from the fund shall be made by the state treasurer on warrants
drawn by the commissioner of finance and management.
Sec. 270. 32 V.S.A. § 588(4)(A) is amended to read:
(A) All monies to be expended from a special fund shall be
appropriated annually by the general assembly, or allocated pursuant to the
authority granted by the general assembly to the secretary of administration
with regard to excess receipts, except when the state responsibility relative to
the special fund is solely for the transference of monies between nonstate
entities as determined by the commissioner. No appropriation authorization
shall carry forward beyond the fiscal year for which it was granted, except for
properly encumbered payments and refunds of prior year expenditures.
95
Sec. 271. REPEAL
(a) 16 V.S.A. § 2362 (commissioner of finance and management payments
for medical students) is repealed.
Sec. 272. Sec. 87f of No. 6 of the Acts of 2005 is amended to read:
Sec. 87f. VEDA; INDEMNIFICATION FUND CAPITALIZATION
(a) $100,000.00 of the payments of interest received annually during fiscal
years 2005, 2006 and 2007 from the Vermont economic development authority
upon the authority’s note to the state dated May 15, 2003, shall be paid into the
VEDA indemnification fund created in 10 V.S.A. § 222a.
(a) Capitalization of the indemnification fund created in 10 V.S.A. § 222a
is from the annual interest received from the Vermont economic development
authority upon the authority’s note to the state dated May 15, 2003 as follows:
(1) In fiscal years 2005 and 2006, $100,000 of the payments of interest
received shall be paid into the indemnification fund.
(2) In fiscal year 2006, if the available general fund forecast for fiscal
year 2006 adopted by the emergency board at its July 2005 meeting exceeds
$1,015,612,000, additional interest payments received for fiscal year 2006
shall be paid into the indemnification fund.
(3) In fiscal year 2007 and thereafter, the annual interest received shall
be paid into the indemnification fund.
Sec. 273. 16 V.S.A. § 2885 is amended to read:
§ 2885. VERMONT HIGHER EDUCATION TRUST FUND
***
(c) In August of each fiscal year, beginning in the year 2000, the state
treasurer shall withdraw and divide an amount equal to five percent of the
assets equally among the University of Vermont, the Vermont state colleges,
and the Vermont student assistance corporation. In this subsection, “assets”
means the average of the fund’s market values at the end of each quarter for
the most recent 12 quarters, or all quarters of operation, whichever is less.
Therefore, up to five percent of the fund assets are hereby annually
appropriated allocated pursuant to this section, provided that the amount
appropriated allocated shall not exceed an amount which would bring the fund
balance below the initial appropriation funding made in fiscal year 2000 plus
any additional contributions to the principal. The University of Vermont and
the Vermont state colleges shall use the funds to provide nonloan financial aid
to Vermont students attending their institutions; the Vermont student
assistance corporation shall use the funds to provide nonloan financial aid to
Vermont students attending a Vermont postsecondary institution.
(d) In August During the first quarter of each fiscal year, beginning in the
year 2000, the commission on higher education funding may authorize the
96
state treasurer to make an amount equal to up to two percent of the assets
available to Vermont public institutions for the purpose of creating or
increasing a permanent endowment. In this subsection, “assets” means the
average of the fund’s market values at the end of each quarter for the most
recent 12 quarters, or all quarters of operation, whichever is less. Therefore,
up to two percent of the fund assets are hereby annually appropriated allocated
pursuant to this section, provided that the amount appropriated allocated shall
not exceed an amount which would bring the fund balance below the initial
appropriation funding made in fiscal year 2000 plus any additional
contributions to the principal. One-half of the amount appropriated allocated
shall be available to the University of Vermont and one-half shall be available
to the Vermont state colleges. The University of Vermont or Vermont state
colleges may withdraw funds upon certification by the withdrawing institution
to the commissioner of finance and management that it has received private
donations which are double the amount it plans to withdraw.
***
Sec. 274. [Deleted]
Sec. 275. [Deleted]
Sec. 276. WORKING GROUP ON GROWTH CENTERS
(a) A legislative working group on growth centers is established to develop
proposed legislation to support mixed use development in designated growth
centers through local, regional, and state planning, regulatory reforms, and
public investment financial incentives. The working group shall also examine
public and private costs associated with development including issues related
to agricultural lands mitigation under Act 250. In addition to other
information, the working group shall consider the Report of the Governor's
Committee on Downtowns and Growth Centers, the planning report of the
Vermont Council on Rural Development, the Downtown Development Act,
and the provisions of 24 V.S.A. Chapter 117.
(b) The working group shall consist of ten members: five members of the
senate, appointed by the committee on committees, three coming from the
membership of the committee on natural resources and energy, and one each
from the membership of the committee on agriculture and the committee on
economic development, housing and general affairs; and five members of the
house appointed by the speaker, three from the membership of the committee
on natural resources and energy, and one each from the membership of the
committee on agriculture and the committee on government operations. The
working group shall be entitled to meet six times during the 2005 interim.
Members of the working group shall be entitled to compensation and expenses
as provided in 32 V.S.A. § 1052. The legislative council and joint fiscal office
shall provide professional and clerical services to the working group, and the
resources of the executive branch shall be available to the working group as
97
required. The report of the working group shall be presented to the general
assembly in the form of draft legislation on or before January 15, 2006.
Sec. 277. 18 V.S.A. § 9417 is added to read:
§ 9417. HEALTH INFORMATION TECHNOLOGY
(a) The commissioner shall facilitate the development of a statewide health
information technology plan that includes the implementation of an integrated
electronic health information infrastructure for the sharing of electronic health
information among health care facilities, health care professionals, public and
private payers, and patients. The plan shall include standards and protocols
designed to promote patient education, patient privacy, physician best
practices, electronic connectivity to health care data, and, overall, a more
efficient and less costly means of delivering quality health care in Vermont.
(b) The health information technology plan shall:
(1) support the effective, efficient, statewide use of electronic health
information in patient care, health care policymaking, clinical research, health
care financing, and continuous quality improvements;
(2) educate the general public and health care professionals about the
value of an electronic health infrastructure for improving patient care;
(3) promote the use of national standards for the development of an
interoperable system, which shall include provisions relating to security,
privacy, data content, structures and format, vocabulary, and transmission
protocols;
(4) propose strategic investments in equipment and other infrastructure
elements that will facilitate the ongoing development of a statewide
infrastructure; and
(5) recommend funding mechanisms for the ongoing development and
maintenance costs of a statewide health information system.
(c) The commissioner shall contract with the Vermont information
technology leaders (VITL), a broad-based health information technology
advisory group that includes providers, payers, employers, patients, health care
purchasers, information technology vendors, and other business leaders, to
develop the health information technology plan, including applicable
standards, protocols, and pilot programs. In carrying out their responsibilities
under this section, members of VITL shall be subject to conflict of interest
policies established by the commissioner in the certificate of need regulations
to ensure that deliberations and decisions are fair and equitable.
(d) The following persons shall be invited to participate in VITL as
nonvoting members:
(1) the commissioner of information and innovation, who shall advise
the group on technology best practices and the state’s information technology
98
policies and procedures, including the need for a functionality assessment and
feasibility study related to establishing an electronic health information
infrastructure under this section;
(2) the director of the office of Vermont health access or his or her
designee; and
(3) the commissioner or his or her designee.
(e) On or before July 1, 2006, VITL shall initiate a pilot program involving
at least two hospitals using existing sources of electronic health information to
establish electronic data sharing for clinical decision support, pursuant to
priorities and criteria established in conjunction with the health information
technology advisory group. Objectives of the pilot program may include:
(1) supporting patient care and improving quality of care;
(2) enhancing productivity of health care professionals and reducing
administrative costs of health care delivery and financing;
(3) determining whether and how best to expand the pilot program on a
statewide basis;
(4) implementing strategies for future developments in health care
technology, policy, management, governance, and finance; and
(5) ensuring patient data confidentiality at all times.
(f) The standards and protocols developed by VITL shall be no less
stringent than the “Standards for Privacy of Individually Identifiable Health
Information” established under the Health Insurance Portability and
Accountability Act of 1996 and contained in 45 C.F.R., Parts 160 and 164, and
any subsequent amendments. In addition, the standards and protocols shall
ensure that there are clear prohibitions against the out-of-state release of
individually identifiable health information for purposes unrelated to treatment,
payment, and health care operations, and that such information shall under no
circumstances be used for marketing purposes. The standards and protocols
shall require that access to individually identifiable health information is
secure and traceable by an electronic audit trail.
(g) On or before January 1, 2007, VITL shall submit to the commissioner,
the commissioner of information and innovation, the director of the office of
Vermont health access, and the general assembly a health information
technology plan for establishing a statewide, integrated electronic health
information infrastructure in Vermont, including specific steps for achieving
the goals and objectives of this section. The plan shall include also
recommendations for self-sustainable funding for the ongoing development,
maintenance, and replacement of the health information technology system.
Upon approval by the commissioner, the plan shall serve as the framework
within which certificate of need applications for information technology are
reviewed under section 9440b of this title by the commissioner.
99
(h) Beginning January 1, 2006, and annually thereafter, VITL shall file a
report with the commissioner, the commissioner of information and
innovation, the director of the office of Vermont health access, and the general
assembly. The report shall include an assessment of progress in implementing
the provisions of this section, recommendations for additional funding and
legislation required, and an analysis of the costs, benefits, and effectiveness of
the pilot program authorized under subsection (e) of this section, including, to
the extent these can be measured, reductions in tests needed to determine
patient medications, improved patient outcomes, or reductions in
administrative or other costs achieved as a result of the pilot.
(i) VITL is authorized to seek matching funds to assist with carrying out
the purposes of this section. In addition, it may accept any and all donations,
gifts, and grants of money, equipment, supplies, materials, and services from
the federal or any local government, or any agency thereof, and from any
person, firm, or corporation for any of its purposes and functions under this
section and may receive and use the same subject to the terms, conditions, and
regulations governing such donations, gifts, and grants.
(j) The commissioner, in consultation with VITL, may seek any waivers of
federal law, rule, or regulation that might assist with implementation of this
section.
Sec. 278. PUBLICLY OPERATED MANAGED CARE ORGANIZATION
(a) To enable the state to manage public resources effectively, while
preserving and enhancing access to health care services in the state, the office
of Vermont health access is authorized to serve as a publicly operated managed
care organization (MCO).
(b) As the publicly operated MCO, the office of Vermont health access
shall be responsible for the overall management of the health care delivery
system and for reimbursement of all eligible services as may be provided by
state or federal law.
(c) The office of Vermont health access shall be exempt from any health
maintenance organization (HMO) or MCO statutes in Vermont law and shall
not be considered to be an HMO or MCO for purposes of state regulatory and
reporting requirements.
(d) Upon approval of the global commitment by the federal Centers for
Medicare and Medicaid Services and by the Vermont general assembly, the
office of Vermont health access shall report to the health access oversight
committee and the joint fiscal committee in a manner and at a frequency to be
determined by the committees. Reporting shall, at a minimum, enable the
tracking of expenditures by eligibility category, the type of care received, and
to the extent possible allow historical comparison with expenditures under the
previous Medicaid appropriation model (by department and program) and, if
appropriate, to the amounts transferred by the department to the office of
100
Vermont health access. Reporting shall include spending in comparison to any
applicable budget neutrality standards.
(e) In the event the Global Commitment to Health section 1115a
Demonstration Waiver is approved by the federal government and requires the
creation of a new department, the governor shall create a new department, the
department of health access (TDHA), an independent department within
Vermont state government. The office of Vermont health access with its
current duties will be subsumed by the department of health access.
Sec. 279. VHAP PREMIUM ADJUSTMENTS
Sec. 147(d) of No. 66 of the Acts of 2003, as amended by Sec. 129 of No.
122 of the Acts of the 2003 Adj. Sess. (2004), is further amended to read:
(d) VHAP, premium-based.
***
(2) The department agency shall establish per individual premiums for
the VHAP Uninsured program for the following brackets of income for the
VHAP group as a percentage of federal poverty level (FPL):
(A) Income greater than 50 percent and less than or equal to 75
percent of FPL: $10.00 $11.00 per month.
(B) Income greater than 75 percent and less than or equal to 100
percent of FPL: $35.00 $39.00 per month.
(C) Income greater than 100 percent and less than or equal to 150
percent of FPL: $45.00 $50.00 per month.
(D) Income greater than 150 percent and less than or equal to 185
percent of FPL: $65.00 $72.00 per month.
Sec. 280. DR. DYNASAUR AND SCHIP PREMIUM ADJUSTMENTS
Sec. 147(f) of No. 66 of the Acts of 2003 is amended to read:
(f) Dr. Dynasaur and SCHIP premium changes.
(1) The department agency is authorized to amend the rules for
individuals eligible for Dr. Dynasaur under the federal Medicaid and SCHIP
programs to require beneficiary households to pay a monthly premium based
on the following:
(A) for individuals living in households whose incomes are greater
than 225 percent of FPL and less than or equal to 300 percent of FPL, and who
have no other insurance coverage: $70.00 $77.00 per household per month.
(B) for individuals living in households whose incomes are greater
than 225 percent of FPL and less than or equal to 300 percent of FPL, and who
have other insurance coverage: $35.00 $39.00 per household per month.
101
(C) for individuals living in households whose incomes are greater
than 185 percent of FPL and less than or equal to 225 percent of FPL: $25.00
$28.00 per household per month.
***
Sec. 281. REPORTS ON DISENROLLMENT
(a) The department for children and families and the office of Vermont
health access shall monitor and evaluate and report quarterly beginning July 1,
2005 on the following:
(1) The disenrollment in each of the programs subject to premiums;
(2) The number of beneficiaries receiving termination notices for failure
to pay premiums;
(3) The number of beneficiaries terminated from coverage as a result of
failure to pay premiums as of the second business day of the month following
the termination notice. The number of beneficiaries terminated from coverage
for nonpayment of premiums shall be reported by program and income level
within each program; and
(4) The number of beneficiaries terminated from coverage as a result of
failure to pay premiums whose coverage is not restored three months after the
termination notice.
(b) The department and the office shall submit reports required by
subsection (a) of this section to the house and senate committees on
appropriations, the senate committee on health and welfare, the house
committee on human services, the health access oversight committee, and the
Medicaid advisory board at the end of each quarter.
Sec. 282. 33 V.S.A. § 1950(a) and (b) are amended to read:
(a) The purpose of this subchapter is to establish a revolving fund
consisting of assessments from on health care providers, which funds shall be
used in the state’s health care program in such a way as to be eligible for
federal financial participation.
(b) The secretary and the commissioner director shall interpret and
administer the provisions of this subchapter so as to maximize federal financial
participation and avoid disallowances of federal financial participation.
Sec. 283. 33 V.S.A. § 1951 is amended to read:
§ 1951. DEFINITIONS
As used in this subchapter:
(1) “Assessment” means a tax levied on a health care provider pursuant
to this chapter.
(2) “Commissioner” means the commissioner of prevention, assistance,
transition, and health access, or a designee.
102
(3) “Core home health care services” means those medically-necessary
skilled nursing, home health aide, therapeutic, and persona1 care attendant
services, provided exclusively in the home by home health agencies. Core
home health services do not include private duty nursing, hospice, homemaker
or physician services, or services provided under early periodic screening and,
diagnostic services diagnosis, and treatment (EPSDT), traumatic brain injury
(TBI), high technology programs, or services provided by a home for the
terminally ill as defined in subdivision 7102(10) of this title.
(4)(3) “Department” means the department of prevention, assistance,
transition, and health access “Director” means the director of the office of
Vermont health access.
(5)(4) “Fund” means the Vermont health care access trust fund
consisting primarily in part of assessments from health care providers under
this subchapter.
(6)(5) “Health care provider” means any hospital, nursing home,
intermediate care facility for the mentally retarded, or home health agency, or
retail pharmacy.
(7)(6) “Home health agency” means an entity that has received a
certificate of need from the state to provide home health services or is certified
by the state to provide services pursuant to 42 U.S.C. § 1395x(o).
(8)(7) “Hospital” means a hospital licensed under chapter 43 of Title 18.
(9)(8)
“Intermediate Care Facility for the Mentally Retarded”
(“ICF/MR”) means a facility which provides long-term health related care to
residents with mental retardation pursuant to section subdivision 1902(a)(31)
of the Social Security Act (42 U.S.C. § 1396a(a)(31)).
(10)(9) “Mental hospital” or “psychiatric facility” means a hospital as
defined in 18 V.S.A. § 1902(a)(2) or (8) 18 V.S.A. § 1902(1)(B) or (H), but
does not include psychiatric units of general hospitals.
(11)(10) “Net operating revenues” means a provider’s gross charges less
any deductions for bad debts, charity care, contractual allowances, and other
payer discounts.
(12)(11) “Nursing home” means a health care facility licensed under
chapter 71 of Title 33 this title.
(12) “Office” means the office of Vermont health access.
(13) “Pharmacy” means a Vermont drug outlet licensed by the Vermont
state board of pharmacy pursuant to chapter 36 of Title 26 in which
prescription drugs are sold at retail.
(14) “Secretary” means the secretary of the agency of human services.
103
Sec. 284. 33 V.S.A. § 1952(b) is amended to read:
(b) The department office may use not more than one percent of the
assessments received under the provisions of this subchapter for necessary
administrative expenses associated with this subchapter.
Sec. 285. 33 V.S.A. § 1953 is amended to read:
§ 1953. HOSPITAL ASSESSMENT
(a) Hospitals shall be subject to an annual assessment as follows:
(1) Beginning July 1, 2004 2005, each hospital’s annual assessment,
except for hospitals assessed under subdivision (2) of this subsection, shall be
4.54 6.0 percent of its net patient revenues (less chronic, skilled, and swing bed
revenues) for the most recent completed hospital hospital’s fiscal year as
determined annually by the commissioner director from the hospital’s financial
reports and other data filed with the department of banking, insurance,
securities, and health care administration before December 1 of the previous
year. The annual assessment shall be based on data from a hospital’s third
most recent full fiscal year.
***
(b) Each hospital shall be notified in writing by the department office of the
assessment made pursuant to this section. If no hospital submits a request for
reconsideration under section 1958 of this title, the assessment shall be
considered final.
(c) Each hospital shall submit its assessment to the department office
according to a payment schedule adopted by the commissioner director.
Variations in payment schedules shall be permitted as deemed necessary by the
commissioner director.
(d) Any hospital that fails to make a payment to the department office on or
before the specified schedule, or under any schedule for delayed payments
established by the commissioner director, shall be assessed not more than
$1,000.00. The commissioner shall director may waive this late payment
assessment provided for in this subsection for good cause shown by the
hospital.
Sec. 286. 33 V.S.A. § 1954 is amended to read:
§ 1954. NURSING HOME ASSESSMENT
(a) Beginning July 1, 2004 2005, each nursing home’s annual assessment
rate shall be $3,787.79 per bed licensed pursuant to section 7105 of this title on
June 30 of the immediately preceding fiscal year shall be as follows:
(1) Until such time as the United States Department of Health and
Human Services grants a waiver to the uniform assessment rate, pursuant to 42
C.F.R. § 433.68(e), all licensed nursing home beds shall be assessed at the
uniform rate of $3,676.06.
104
(2) At such time as the United States Department of Health and Human
Services grants a waiver to the uniform assessment, the assessment shall be
$4,000.00 per bed for privately-owned nursing homes with more than 30
licensed beds, $1,900.00 per bed for privately-owned nursing homes with 30
beds or fewer, and $100.00 per bed for state-owned or operated nursing homes.
If a waiver is granted, these rates shall be retroactive to the effective date of
this subsection and any difference between the assessments under this
subdivision and the payments under subdivision (1) of this subsection shall be
reconciled by the collection of underpayments and the refund of overpayments.
(3) The annual assessment for each bed licensed as of the beginning of
the fiscal year shall be prorated for the number of days during which the bed
was actually licensed and any over payment shall be refunded to the facility.
To receive the refund, a facility shall notify the commissioner director in
writing of the size of the decrease in the number of its licensed beds and dates
on which the beds ceased to be licensed.
(b) The department office shall provide written notification of the
assessment amount to each nursing home. The assessment amount determined
shall be considered final unless the home requests a reconsideration. Requests
for reconsideration shall be subject to the provisions of section 1958 of this
title.
(c) Each nursing home shall submit its assessment to the department office
according to a schedule adopted by the commissioner director. The
commissioner director may permit variations in the schedule of payment as
deemed necessary.
(d) Any nursing home that fails to make a payment to the department office
on or before the specified schedule, or under any schedule of delayed payments
established by the commissioner director, shall be assessed not more than
$1,000.00. The commissioner shall director may waive this late-payment
assessment provided for in this subsection for good cause shown by the
nursing home.
Sec. 287. 33 V.S.A. § 1955 is amended to read:
§ 1955. ICF/MR ASSESSMENT
(a) Each ICF/MR's annual assessment shall be six percent of the ICF/MR's
total annual direct and indirect expenses for the most recently settled ICF/MR
audit.
(b) The department office shall provide written notification of the
assessment amount to each ICF/MR. The assessment amount determined shall
be considered final unless the facility requests a reconsideration. Requests for
reconsideration shall be subject to the provisions of section 1958 of this title.
(c) Each ICF/MR shall remit its assessment to the department office
according to a schedule adopted by the commissioner director. The
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commissioner director may permit variations in the schedule of payment as
deemed necessary.
(d) Any ICF/MR that fails to make a payment to the department office on
or before the specified schedule, or under any schedule of delayed payments
established by the commissioner director, shall be assessed not more than
$1,000.00. The commissioner shall director may waive this late-payment
assessment provided for in this subsection for good cause shown by the
ICF/MR.
Sec. 288. 33 V.S.A. § 1955a is amended to read:
§ 1955a. HOME HEALTH AGENCY ASSESSMENT
(a) Beginning July 1, 2003 2005, each home health agency’s assessment
shall be 16.0 18.45 percent of its net operating revenues from core home health
care services, excluding revenues for services provided under Title XVIII of
the federal Social Security Act. The amount of the tax shall be determined by
the commissioner director based on the home health agency’s most recent
audited financial statements at the time of submission, a copy of which shall be
provided on or before December 1 of each year to the office of Vermont health
access. For providers who begin operations as a home health agency after
January 1, 2005, the tax shall be assessed as follows:
(1) Until such time as the home health agency submits audited financial
statements for its first full year of operation as a home health agency, the
director, in consultation with the home health agency, shall annually estimate
the amount of tax payable and shall prescribe a schedule for interim payments.
(2) At such time as the full-year audited financial statement is filed, the
final assessment shall be determined, and the home health agency shall pay any
underpayment or the office shall refund any overpayment. The assessment for
the state fiscal year in which a provider commences operations as a home
health agency shall be prorated for the proportion of the state fiscal year in
which the new home health agency was in operation.
(b) Each home health agency shall be notified in writing by the department
office of the assessment made pursuant to this section. If no home health
agency submits a request for reconsideration under section 1958 of this title,
the assessment shall be considered final.
(c) Each home health agency shall submit its assessment to the department
office according to a payment schedule adopted by the commissioner director.
Variations in payment schedules shall be permitted as deemed necessary by the
commissioner director.
(d) Any home health agency that fails to make a payment to the department
office on or before the specified schedule, or under any schedule for delayed
payments established by the commissioner director, shall be assessed not more
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than $1,000.00. The commissioner shall director may waive this late payment
assessment provided for in this subsection for good cause shown by the home
health agency.
Sec. 289. 33 V.S.A. § 1955b is added to read:
§ 1955b. PHARMACY ASSESSMENT
(a) Beginning July 1, 2005, each pharmacy’s monthly assessment shall be
$0.10 for each prescription filled and refilled.
(b) Each pharmacy shall declare and provide supporting documentation to
the director of the total number of prescriptions filled and refilled in the
previous month and remit the assessment due for that month. The declaration
and payment shall be due by the end of the following month.
(c) Each pharmacy shall submit its assessment payment to the office
monthly. Variations in payment timing shall be permitted as deemed
necessary by the director.
(d) Any pharmacy that fails to pay an assessment to the office on or before
the due date shall be assessed a late payment penalty of two percent of the
assessment amount for each month it remains unpaid; but late payment
penalties for any one quarter shall not exceed $500.00. The director may
waive a penalty under this subsection for good cause shown by the pharmacy,
as determined by the director in his or her discretion.
Sec. 290. REPEAL OF ASSESSMENT SUNSETS
(a) Sec. 205 of No. 49 of the Acts of 1999, as amended by Sec. 18 of No.
65 of the Acts of 2001 and Sec. 311 of No. 66 of the Acts of 2003 (sunset of
home health agency assessment), is repealed.
(b) Sec. 4 of No. 56 of the Acts of 1993, as amended by Sec. 11 of No. 14
of the Acts of 1995, Sec. 71 of No. 59 of the Acts of 1997, Sec. 198 of No. 49
of the Acts of 1999, Sec. 17 of No. 65 of the Acts of 2001, and Sec. 312 of No.
66 of the Acts of 2003 (sunset of hospital assessment and nursing home
assessment), is repealed.
Sec. 291. 33 V.S.A. § 1956 is amended to read:
§ 1956.
HEALTH
ASSESSMENTS
CARE
TRUST
FUND
PROCEEDS
FROM
(a) The health care trust fund is hereby established in the state treasury is
abolished. All remaining assets in the health care trust fund shall be deposited
in the Vermont health access trust fund established by section 1972 of this title.
All assessments, including late-payment assessments, from health care
providers under this subchapter shall be deposited in the Vermont health access
trust fund established in section 1972 of this title. The proceeds of other taxes
designated by law and donations may also be deposited in the fund. Interest
earned on the fund and any remaining balance shall be retained in the fund for
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the purposes of this subchapter. The department shall maintain records
showing the amount of money in the fund at any time.
(b) All monies received from or generated to the fund shall be used for the
state portion of Medicaid expenditures and for administration of provisions of
this subchapter under subsection 1952(c) of this title. Of the net revenues
generated by the per bed annual assessment on nursing homes under subsection
1954(a) of this title, the net revenues generated by $200.00 per bed shall be
used for home- and community-based Medicaid waiver services and the net
revenues generated by $1,768.69 per bed, less the total amount of the state
share of the inflation factor adjustments for state fiscal year 2002, as calculated
by the division of rate setting pursuant to subsection 905(c) of this title, shall
be used solely for Medicaid nursing home reimbursement as follows:
(1) Beginning on July 1, 1999, until such time as all cost categories have
been rebased pursuant to section 905(c) of this title on a base year no earlier
than 2002, wage supplements shall be paid on a schedule to be determined by
the commissioner. Such supplements shall be based on the change in
expenditures incurred on or after January 1, 1999, as determined by the
division of rate setting, for wages, salaries and fringe benefits incurred by
nursing homes for direct care staff and for other employee groups in nursing
homes, other than owners and administrators (net expenditures). The division
of rate setting shall annually calculate the net expenditures for each nursing
home. Notwithstanding subsection 905(c) of this title or any other provision of
law, the change of base year for any component of the nursing home payment
rate shall not be made later than January 1, 2005.
(2) The wage supplement shall not be subject to any payment limitations
imposed pursuant to section 907 of this title. The aggregate amount of the
wage supplements paid to all nursing homes during any fiscal year shall not
exceed the net revenues from the nursing home assessments set aside for that
purpose for that year plus the federal matching funds for those net revenues.
The annual wage supplement payment for a nursing home shall be its
proportional share of the net revenues, based on the ratio of its nursing wages,
salaries and fringe benefits paid by the nursing home for direct care staff and
for other employee groups, other than owners and administrators, to the total
for all nursing homes participating in the Vermont Medicaid program in the
1997 cost reports.
(3) After all cost categories have been rebased, wage supplements shall
cease. To the extent that total net expenditures by a nursing home are less than
the total wage supplement payments to that home, the excess shall be deemed
an overpayment and shall be recouped from the home on a schedule to be
determined by the commissioner and deposited in the health care trust fund.
(4) No wage supplement payments shall be made until such time as the
lawsuit filed by nursing homes against the state of Vermont now pending in
Washington superior court is dismissed with prejudice.
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(c) On or before January 1, 2000, the commissioner shall report to the
general assembly on the operation of the health care trust fund and wage
supplements.
(d) No provision of this subchapter shall permit the state to reduce the level
of state funds expended on the nursing home Medicaid program in any fiscal
year below the level expended in fiscal year 1991 from the general fund for the
nursing home Medicaid program.
(e) The general assembly shall appropriate funds from the health care trust
fund to the department of prevention, assistance, transition, and health access,
the department of aging and disabilities, and the department of developmental
and mental health services, and such funds shall be transferred to the
departments’ Medicaid and administrative appropriations as requested by the
departments to carry out the purposes of this subchapter.
Sec. 292. 33 V.S.A. § 1957 is amended to read:
§ 1957. AUDITS
The commissioner director may require the submission of audited
information as needed from health care providers to determine that amounts
received from health care providers were correct. If an audit identifies
amounts received due to errors by the department office, the commissioner
director shall make payments to any health care provider which the audit
reveals paid amounts it should not have been required to pay. Payments made
under this section shall be made from the fund.
Sec. 293. 33 V.S.A. § 1958 is amended to read:
§ 1958. APPEALS
(a) Any health care provider may submit a written request to the
department office for reconsideration of the determination of the assessment
within 20 days of notice of the determination. The request shall be
accompanied by written materials setting forth the basis for reconsideration. If
requested, the department office shall hold a hearing within 20 days from the
date on which the reconsideration request was received. The department office
shall mail written notice of the date, time, and place of the hearing to the health
care provider at least 10 days before the date of the hearing. On the basis of
the evidence submitted to the department office or presented at the hearing, the
department office shall reconsider and may adjust the assessment. Within 20
days of the hearing, the department office shall provide notice in writing to the
health care provider of the final determination of the amount it is required to
pay based on any adjustments made by it. Proceedings under this section are
not subject to the requirements of 3 V.S.A. chapter 25.
(b) Upon request, the commissioner director shall enter into nonbinding
arbitration with any health care provider dissatisfied with the department’s
office’s decision regarding the amount it is required to pay. The arbitrator
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shall be selected by mutual consent, and compensation shall be provided
jointly.
(c) Any health care provider may appeal the decision of the department
office as to the amount it is required to pay either before or after arbitration, to
the superior court having jurisdiction over the health care provider.
Sec. 294. 33 V.S.A. § 1971(3) is amended to read:
(3) “Office of Vermont health access” means the division office of
Medicaid within the agency of human services.
Sec. 295. 33 V.S.A. § 1972 is amended to read:
§ 1972. VERMONT HEALTH ACCESS TRUST FUND ESTABLISHED
(a) The Vermont health access trust fund is hereby established in the state
treasury for the purpose of establishing a special fund to be the single source to
finance health care coverage for beneficiaries of all state health care assistance
programs administered by the department of prevention, assistance, transition,
and health access agency.
(b) Into the fund shall be deposited:
***
(2) revenue from health care provider assessments collected and
deposited into the health care trust fund pursuant to subchapter 2 of chapter 19
of this title;
***
(c) The fund shall be administered pursuant to subchapter 5 of chapter 7 of
Title 32, except that interest earned on the fund and any remaining balance
shall be retained in the fund. The department agency shall maintain records
indicating the amount of money in the fund at any time.
(d) All monies received by or generated to the fund shall be used only for
the administration and delivery of health care covered through state health care
assistance programs administered by the department of prevention, assistance,
transition, and health access agency, including the Medicaid program, the
Vermont health access plan program, the Vermont health access
plan-pharmacy program, the VScript program, the VScript-Expanded program,
the state children’s health insurance program, the General Assistance program,
and any other state health care assistance program administered directly or
indirectly by or through the department agency.
Sec. 296. MEDICAID PROGRAM ADMINISTRATION
(a) Twenty-four-hour coverage. The office of Vermont health access shall
establish a telephone line, staffed by physicians or nurses, which shall be
available to beneficiaries at all times, 24 hours each day of the week, to
provide appropriate advice to beneficiaries and to improve communications
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between beneficiaries and caregivers. The office shall take active steps to
ensure that beneficiaries and providers are knowledgeable about the 24/7
telephone line.
(b) Care coordination. The office shall establish a program to assist in
improving care by providing coordination among the multiple providers who
treat individuals with serious illnesses. Goals of the program shall be
collaboration and patient involvement in care, while promoting clinically
appropriate and cost efficient services.
(c) The office shall undertake a study of ways to improve coordination of
long-term and acute care for individuals served by the state’s long-term care
waiver.
(d) The office shall establish a program to improve planning for posthospital care to be provided during the patient’s hospital stay and to assist in
post-discharge care.
(e) Sole source authority. Notwithstanding current state laws and
regulations to the contrary and in order to implement the program changes
required by this act during state fiscal year 2006, including system
development, actuarial certification, pharmaceutical counter-detailing,
Preferred Drug List data analysis, and outreach services, the secretary of the
agency of human services may negotiate sole source contracts to meet the
implementation deadlines in this act.
Sec. 297. MEDICAID COVERAGE; DENTURES; EYEGLASSES
(a) The health access oversight committee of the legislature shall review
the costs, benefits, and financing alternatives of including coverage for full
dentures, partial dentures, and eyeglasses under the Medicaid program. In this
review, the committee shall have the assistance of the office of Vermont health
access, the joint fiscal office, and the legislative council. The committee shall
report its findings and recommendations to the general assembly no later than
January 15, 2006.
Sec. 298.
ADULTS
REINSTATEMENT OF CHIROPRACTIC BENEFITS FOR
(a) The agency of human services is directed to reinstate chiropractic
benefits for adults in the Medicaid and VHAP programs effective September 1,
2005, consistent with section 4088a of Title 8, at nondiscriminatory rates for
the same services as paid to other providers.
Sec. 299. 8 V.S.A. § 4062d is added to read:
§ 4062d. PREMIUM ASSISTANCE PROGRAM
(a) Beginning on January 1, 2006, the secretary of the agency of human
services shall establish the premium assistance program within the office of
Vermont health access for the purpose of providing Vermonters eligible for the
Vermont health access plan, the Dr. Dynasaur program, or the VHAP
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caretaker-relative program with financial assistance to enroll in or purchase
health care coverage through an employer.
(b) Financial assistance shall be in the form of a reduced premium
obligation of an eligible individual. The agency shall establish by rule
pursuant to chapter 25 of Title 3 the amounts of the financial assistance.
(c) The premium assistance program shall be voluntary for eligible
individuals. Individuals also eligible for the Vermont health access plan, the
state children’s health insurance program, or any other similar federal or
state-funded program of health care coverage shall be provided with
information regarding these programs, including a summary of the benefits
offered by the program and the cost-sharing requirements.
(d) The secretary shall adopt rules for the premium assistance program.
Such rules shall include:
(1) the form and manner of an individual’s application for assistance
authorized by this section;
(2) standards and procedures for participating health insurers to be
compensated for the premium discounts, cost-sharing assistance, and other
approved costs associated with the premium assistance program; and
(3) any other rules necessary to carry out the purposes of this section.
(e) As used in this section:
(1) “Eligible individual” means an individual who:
(A) is a Vermont resident;
(B) has applied for assistance on a form and in a manner prescribed
by the secretary;
(C) is enrolled in or eligible for the Vermont health access plan, the
state children’s health insurance plan, or the Medicaid caretaker-relative
program.
(2) “Secretary” means the secretary of the agency of human services.
(f) The secretary may adopt the initial rules required or permitted by this
section by emergency rule so as to permit the premium assistance program to
begin on January 1, 2006.
(g) The secretary may apply to the federal government to include the
program authorized by this section as a Medicaid program or a state children’s
health program if the secretary determines that it is cost-effective to do so.
Sec. 300. CAPITATED PROGRAM FOR TREATMENT OF OPIATE
DEPENDENCY
(a) As part of the development of the office of Vermont health access’s
care coordination initiative, there shall be developed a capitated program for
the treatment of opiate dependency. In cooperation with all commercial
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insurers present in Vermont, the department of corrections, the office of drug
and alcohol abuse programs, and office of Vermont health access shall:
(1) develop a statewide electronic registry and treatment service
assessment of patients with opiate dependency;
(2) develop a statewide, integrated protocol for the treatment of opiate
dependency;
(3) identify the administrative and financial resources necessary to
successfully implement and maintain the capitated program for the treatment
of opiate dependency;
(4) use a capitated payment methodology and set payment rates; and
(5) create a plan to measure program outcomes with specific
benchmarks.
(b) The office shall provide a preliminary report and a recommendation for
ongoing funding to the house and senate committees on appropriations, the
house human services committee, and the senate health and welfare committee
no later than January 15, 2006.
Sec. 301. ENHANCED REGIONAL DISEASE SCREENING
(a) In collaboration with the Vermont department of health (VDH), the
office of Vermont health access shall promote primary disease detection
activities in the following manner:
(1) heighten awareness of ongoing public health screenings conducted
by the VDH such as the Ladies First and Wise Woman programs;
(2) procure and analyze Medicaid claims and Center for Disease Control
public health data to develop regional disease prevalence rates to help
prioritize specific screening programs; and
(3) collaborate on joint ventures with the VDH utilizing the twelve
district public health offices to implement and coordinate the above stated
efforts on a regional basis.
Sec. 302. FISCAL YEAR 2006 MEDICAID RELATED RULE-MAKING
(a) Nursing homes. The division of rate setting shall amend the rules for
establishing Medicaid rates for nursing home services to raise the minimum
occupancy used in setting Medicaid rates to 93 percent, effective July 1, 2005.
Notwithstanding any other provisions of law, this rule change shall be adopted
as soon as practicable after passage of this act and shall be exempt from the
procedural requirements of 3 V.S.A. chapter 25, except that the agency of
human services shall make reasonable efforts to ensure that the change is made
known to persons who may be affected by it. The required rule change shall
stay in effect until such time as it is amended pursuant to 3 V.S.A. chapter 25.
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(b) Emergency rulemaking for July 1, 2005. Authority for emergency
rulemaking is granted to the agency of human services in order to control
expenditures in the Medicaid program in a timely manner, respond to the fiscal
crisis in the Medicaid program, and retain Medicaid funds available to support
essential programs for truly needy applicants and recipients. Therefore, the
secretary of the agency of human services may adopt emergency rules pursuant
to section 844 of Title 3 in order that the changes reflected in Sec. 279 (VHAP
premium adjustments), Sec. 280 (Dr. Dynasaur and SCHIP premium
adjustments), Sec. 303 (long-term care financial eligibility), and Sec. 307
(pharmacy mail order) of this act may be implemented no later than July 1,
2005. Emergency rules adopted under this section remain in effect until
superceded, extended, or amended by the secretary of the agency of human
services under the process for adoption of agency rules in chapter 25 of Title 3.
Sec. 303. LONG-TERM CARE; FINANCIAL ELIGIBILITY
(a) The secretary of the agency of human services is directed to amend the
Medicaid rules and procedures related to income, resources, and transfers of
assets used to determine eligibility of individuals for long-term care coverage
under the emergency rulemaking authority granted in Sec. 302(b) of this act.
The amendments to the Medicaid rules made under this section must be in
accord with federal law. The agency’s authority to utilize the emergency
rulemaking process is limited only to adoption of rules to effect the following
changes:
(1) To subject long-term care recipients to post-eligibility rules only if
the recipients qualify for long-term care as part of the special income group
under 42 U.S.C. § 1396a(a)(10)(A)(ii)(VI), or as medically needy under
42 U.S.C. § 1396a(a)(10)(C), or if they are in a medical institution;
(2) To require individuals with income above the institutional standard
requesting long-term care to spend down to the protected income level;
(3) To permit reasonable expenses specified in current rules to apply to
the share of income applied to the cost of long-term care. (For the purposes of
this subdivision, “reasonable expenses” do not include long-term care services
and care received during periods of ineligibility for long-term care.);
(4) To impose requirements on private contracts for care to limit their
use as an excluded resource;
(5) To count as a resource a life estate held by the applicant or recipient
with a reserved power-to-mortgage (other than the principal place of residence)
and value the life estate at the full fair market value of the fee estate,
notwithstanding the purported creation of a remainder interest in another party;
(6) To treat promissory notes and other similar income-producing
resources in the same fashion as annuities and excludable only if certain
collateral criteria of eligibility are met;
(7) To implement additional tools to determine life expectancy;
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(8) To penalize transfers beginning on the first day of the month
following the date of the transfer.
(9) To penalize for asset transfers made five years before application.
The penalty would apply on the date of the Medicaid application or discovery,
whichever is later.
(b) In addition, in order to control expenditures and retain Medicaid funds
available to support essential programs for truly needy applicants and
recipients, the agency of human services may utilize the emergency
rulemaking authority set out in Sec. 302(b) of this act to amend rules related to
income, resources, and transfers of assets used to determine eligibility of
individuals for long-term care, if required to do so to address ambiguity,
omission, or expectations that are providing a way for otherwise ineligible
SSI-related medically needy applicants with income above 300 percent of the
SSI payment standard for one person in the community pursuant to 42 USC
1396a(a)(10(C)(ii), or optionally categorically needy applicants with income
above the protected income level and below 300 percent of the SSI payment
standard for one who qualifies as part of the “special income group” pursuant
to 42 USC 1396a(10)(A)(ii)(V), to avoid such asset and financial eligibility
rules.
Sec. 304. HIV/AIDS HEALTH INSURANCE ASSISTANCE PROGRAM
(a) The office of Vermont health access, in cooperation with the
department of health, shall operate an HIV/AIDS insurance assistance
program.
(b) The program shall pay all or a portion of continuation health insurance
premiums for those eligible individuals with HIV/AIDS for whom it can be
determined that continuation of private insurance coverage is less costly to the
state than other alternatives.
(c) Eligibility for this program shall be limited to individuals whose
household income does not exceed 200 percent of the federal poverty level,
after deducting unreimbursed medical expenses and health insurance premiums
from gross income, and whose assets, exclusive of the primary residence and
certain other exclusions to be defined by the office of Vermont health access
do not exceed $10,000.00.
(d) Expenditures under this program shall not exceed $55,000.00 in fiscal
year 2006.
Sec. 305. PREFERRED DRUG LIST; DRUG UTILIZATION REVIEW
(a) Preferred drug list (PDL) revisions.
(1) Prescribers shall be required to comply with any changes in the PDL
within reasonable time frames prescribed by the office of Vermont health
access in consultation with the drug utilization review board.
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(2)(A) The exemption of certain classes of drugs used to treat certain
types of severe and persistent mental illness from inclusion in the prior
authorization process may end after the review of the report required in Sec.
5(2)(B) of No. 127 of the Acts of the 2001 Adj. Sess. (2002) as amended by
Sec. 128h of No. 122 of the Acts of the 2003 Adj. Sess. (2004) is completed,
the proposed changes to the preferred drug list have been reviewed by the drug
utilization review board, and the mental health oversight committee has made
any recommendations to the drug utilization review board.
(B) The proposed changes to the preferred drug list shall ensure that
adults with severe and persistent mental illness and children with a severe
emotional disorder receiving pharmaceuticals under Medicaid or a state
pharmaceutical program subject to subchapter 5 of chapter 19 of Title 33 prior
to the end of the exemption shall receive the same pharmaceuticals without
following the new rules or procedures if:
(i) the individual is at risk of psychiatric destabilization from
changing to a therapeutically comparable pharmaceutical; and
(ii) the risk is certified in a manner established by the drug
utilization review board.
(b) Drug utilization review revisions.
(1) The members of the drug utilization review board are entitled to
compensation for services and reimbursement of expenses as provided to
members of state boards under 32 V.S.A. § 1010, and such amounts shall be
expended from the appropriations provided in this section.
(2) The director, in consultation with the drug utilization review board,
shall establish an advisory panel of three persons with clinical and
pharmacological expertise to advise the drug utilization review board on
scientific, technical, and clinical issues relating to the clinical efficacy, safety,
and cost-effectiveness of drugs considered for inclusion on the preferred drug
list. Experts on the panel shall be entitled to compensation for services as
provided by contract with the director.
(3) The office, in consultation with the drug utilization review board,
shall establish a policy to increase the appropriate use of generic drugs. The
policy may include education, outreach, and the use of prior authorization
whenever a brand is prescribed and a generic drug is available. The policy
shall have a target of 95 percent utilization of generic drug prescriptions when
generic equivalent drugs are available and 60 percent when generic alternative
drugs are available.
(4) The office, in consultation with the drug utilization review board,
shall identify new therapeutic classes from which savings are possible through
the use of a PDL. In order to assist in making this determination, the office
shall be provided with comparative information such as that developed by the
drug effectiveness review project.
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(5) In order to ensure that the prior authorization process achieves
maximum savings, the office of Vermont health access, in consultation with
the drug review board, shall recommend to the mental health oversight
committee a modification of the prior authorization process, including new
criteria and additional information required from prescribers. After the review
and recommendation of the mental health oversight committee, the office may
adopt interim changes by rule.
(6) The drug utilization review board shall make recommendations to
establish criteria for the supply of prescription drugs to be dispensed.
Sec. 306. 18 V.S.A. §4605(a) is amended to read:
(a) When a pharmacist receives a prescription for a drug which is listed
either by generic name or brand name in the most recent edition of the federal
Food and Drug Administration's "Orange Book" of approved drug products,
the pharmacist shall select the lowest priced drug from such list which is
chemically and therapeutically equivalent and which the pharmacist has in
stock, unless otherwise instructed by the prescriber, or by the purchaser if the
purchaser agrees to pay any additional cost in excess of the benefits provided
by the purchaser's health benefit plan if allowed under the legal requirements
applicable to the plan, otherwise to pay the full cost for the higher priced drug.
Sec. 307. 33 V.S.A. § 1998a is added to read:
§ 1998a. PHARMACY MAIL ORDER
The pharmacy best practices and cost control program shall require
consumers to purchase prescription drugs using mail order for selected
pharmacy products.
Sec. 308. 33 V.S.A. § 1998(f)(1) and (2) are amended to read:
(1) The drug utilization review board shall make recommendations to
the commissioner director for the adoption of the preferred drug list. The
board’s recommendations shall be based upon considerations of clinical
efficacy, safety, and cost-effectiveness.
(2) The board shall meet at least quarterly. The board shall comply with
the requirements of subchapter 2 of chapter 5 of Title 1 (open meetings) and
subchapter 3 of chapter 5 of Title 1 (open records), except that the board may
go into executive session in order to comply with 2002(c) of this title
pertaining to information protected from disclosure by federal law or the terms
and conditions required by the Centers for Medicare and Medicaid Services as
a condition of rebate authorization under the Medicaid program relating to a
pharmaceutical rebate or to supplemental rebate agreements.
Sec. 309. 33 V.S.A. § 1999(a)(2) is amended to read:
(2)(A) The program shall authorize coverage under the same terms as
coverage for preferred choice drugs if the prescriber determines, after
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consultation with the pharmacist, or with the participating health benefit plan if
required by the terms of the plan, that:
(i) the preferred choice has not been effective, or with reasonable
certainty is not expected to be effective, in treating the patient’s condition; or
(ii) the preferred choice causes or is reasonably expected to cause
adverse or harmful reactions in the patient.
(B) The prescriber’s determination concerning whether the standards
established in this subdivision (2) have been demonstrated shall be final if any
documentation required at the direction of the drug utilization board has been
provided.
Sec. 310. MENTAL HEALTH DRUGS; PRIOR AUTHORIZATION
Sec. 5(2) of No. 127 of the Acts of the 2001 Adj. Sess. (2002) as amended
by Sec. 128h of No. 122 of the Acts of the 2003 Adj. Sess. (2004) is amended
to read:
(2)(A) Sec. 1, 33 V.S.A. § 1999(d) (prior authorization and drugs used
to treat mental illness), shall be repealed on July 1, 2006 amended to read:
(d) The program's prior authorization process shall not apply to prescription
drugs prescribed for the treatment of severe and persistent mental illness
including schizophrenia, severe depression, or bipolar disorder. The agency
may include prescription drugs prescribed for the treatment of severe and
persistent mental illness, including schizophrenia, major depression, or bipolar
disorder, in the prior authorization process after the mental health oversight
committee has reviewed the report required in Sec. 5(2)(B) of No. 127 of the
Acts of the 2001 Adj. Sess. (2002) as amended by Sec. 128h of No. 122 of the
Acts of the 2003 Adj. Sess. (2004), reviewed the proposed changes to the
preferred drug list, and made recommendations to the agency.
(B) The commissioner of prevention, assistance, transition, and health
office of Vermont health access shall report to the mental health access
oversight committee concerning the drug utilization review board’s analysis of
prescribing patterns, literature, and testimony regarding clinical efficacy and
outcomes, expenditure trends, and any proposed revisions to the preferred drug
list as it pertains to drugs used to treat mental illness no later than September 1,
2005. The commissioner’s director’s report shall include also an assessment of
the use of medication algorithms and of the behavioral pharmacy project
implemented in the state of Missouri and other such cost-saving alternatives in
use in other states that do not include the use of a formulary, preferred drug
list, or prior authorization process.
Sec. 311. 33 V.S.A. §2002(b) is amended to read:
(b) The commissioner director shall negotiate supplemental rebates, price
discounts, and other mechanisms, including direct negotiations with individual
manufacturers, to reduce net prescription drug costs by means of any
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negotiation strategy which the commissioner determines will result in the
maximum economic benefit to the program and to consumers in this state,
while maintaining access to high quality prescription drug therapies. The
provisions of this subsection do not authorize agreements with pharmaceutical
manufacturers whereby financial support for medical services covered by the
Medicaid program is accepted as consideration for placement of one or more
prescription drugs on the preferred drug list. The January 1, 2003 report of the
commissioner pursuant to subsection 2001(d) of this title shall include a costbenefit analysis of alternative negotiation strategies, including the strategy
used by the State of Florida to secure supplemental rebates, the strategy used
by the State of Michigan to secure supplemental rebates, and any other
alternative negotiation strategy that might secure lower net prescription drug
costs.
Sec. 312. 18 V.S.A. § 9410(h) is added to read:
(h) Data Collection and Information Sharing.
(1) All health insurers shall electronically provide to the commissioner
in accordance with standards and procedures adopted by the commissioner by
rule:
(A) their encrypted claims data;
(B) cross-matched claims data on requested members, subscribers, or
policyholders; and
(C) member, subscriber, or policyholder information necessary to
determine third party liability for benefits provided.
(2) The collection, storage, and release of health care data and statistical
information that is subject to the federal requirements of the Health Insurance
Portability and Accountability Act (“HIPAA”) shall be governed exclusively
by the rules adopted thereunder in 45 CFR Parts 160 and 164.
(A) All health insurers that collect the Health Employer Data and
Information Set (HEDIS) shall annually submit the HEDIS information to the
commissioner in a form and in a manner prescribed by the commissioner.
(B) All health insurers shall accept electronic claims submitted in
Centers for Medicare and Medicaid Services format for UB-92 or HCFA-1500
records, or as amended by the Centers for Medicare and Medicaid Services.
(3)(A) The commissioner shall collaborate with the Agency of Human
Services and participants in Agency of Human Services initiatives in the
development of a comprehensive health care information system. The
collaboration is intended to address the formulation of a description of the data
sets that will be included in the comprehensive health care information system,
the criteria and procedures for the development of limited use data sets, the
criteria and procedures to ensure that HIPAA compliant limited use data sets
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are accessible, and a proposed time frame for the creation of a comprehensive
health care information system.
(B) To the extent allowed by HIPAA, the data shall be available as a
resource for insurers, employers, providers, purchasers of health care, and state
agencies to continuously review health care utilization, expenditures, and
performance in Vermont and to enhance the ability of Vermont consumers and
employers to make informed and cost-effective health care choices. In
presenting data for public access, comparative considerations shall be made
regarding geography, demographics, general economic factors, and
institutional size.
(C) Notwithstanding HIPAA or any other provision of law, the
comprehensive health care information system shall not include or disclose any
data that contains direct personal identifiers. For the purposes of this section,
“direct personal identifiers” include information relating to an individual that
contains primary or obvious identifiers, such as the individual's name, street
address, e-mail address, telephone number, and Social Security number.
Sec. 313. PHARMACEUTICAL ASSISTANCE PROGRAMS; PREMIUM
ADJUSTMENTS
(a) Notwithstanding any other provision of law, from July 1, 2005 until
January 1, 2006, the premiums for the following pharmaceutical assistance
programs shall be increased as follows:
(1) VHAP Pharmacy, $15.00 per month.
(2) VScript, $20.00 per month.
(3) VScript Expanded, $50.00 per month.
Sec. 314. 33 V.S.A. chapter 19, subchapter 8 is added to read:
Subchapter 8. Vermont Pharmaceutical Assistance Programs
§ 2071. DEFINITIONS
For purposes of this subchapter:
(1) “Individual with disabilities” means an individual who is under age
65 and is entitled, under the federal Social Security Act, to disability insurance
benefits or is eligible for Medicare.
(2) “Maintenance drug” means a drug approved by the FDA for
continuous use and prescribed to treat a chronic condition for a prolonged
period of time of 30 days or longer and includes insulin, an insulin syringe, and
an insulin needle.
(3) “Medicare part D” means the prescription drug program established
under the Medicare Prescription Drug, Improvement and Modernization Act of
2003, P.L. 108-173, including the prescription drug plans offered pursuant to
the act.
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(4) “OVHA” means the office of Vermont health access.
(5) “Pharmaceutical” means a drug that may not be dispensed unless
prescribed by a health care provider as defined by subdivision 9402(8) of Title
18 acting within the scope of the provider’s license. The term excludes a drug
determined less than effective under the federal Food, Drug and Cosmetics
Act.
(6) “Pharmacy” means a retail or institutional drug outlet licensed by the
Vermont state board of pharmacy pursuant to chapter 36 of Title 26, or by an
equivalent board in another state, in which pharmaceuticals are sold at retail
and which has entered into a written agreement with the state to dispense
pharmaceuticals in accordance with the provisions of this chapter.
§ 2072. GENERAL ELIGIBILITY
(a) An individual shall be eligible for assistance under this subchapter if the
individual:
(1) is a resident of Vermont at the time of application for benefits;
(2) is at least 65 years of age or is an individual with disabilities as
defined in subdivision 2071(1) of this title; and
(3) has a household income, when calculated in accordance with the
rules adopted for the Vermont health access plan under No. 14 of the Acts of
1995, as amended, no greater than 225 percent of the federal poverty level.
(b) An individual whose pharmaceutical expenses are paid or reimbursable,
either in whole or in part, by any plan of assistance or insurance, other than
Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act,
shall not be eligible for pharmaceutical assistance under this subchapter. No
assistance shall be provided under this subchapter with respect to an individual
pharmaceutical purchase that may be covered in whole by Title XVIII.
§ 2073. V-PHARM ASSISTANCE PROGRAM
(a) Effective January 1, 2006, the V-Pharm program is established as a
state pharmaceutical assistance program to provide supplemental
pharmaceutical coverage to Medicare beneficiaries.
(b) Any individual with income no greater than 225 percent of the federal
poverty guidelines participating in Medicare part D, having secured the low
income subsidy if the individual is eligible and meeting the general eligibility
requirements established in section 2072 of this title shall be eligible for
V-Pharm.
(c) V-Pharm shall provide supplemental benefits to enrolled individuals by
paying or subsidizing:
(1) the average Medicare part D premium for the standard prescription
drug benefit offered by Medicare part D prescription drug programs, except for
any late enrollment penalties, provided that OVHA may pay or subsidize a
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higher premium for a Medicare part D prescription drug plan offering
expanded benefits if it is cost-effective to do so;
(2) any other cost-sharing required by Medicare part D, except for
co-payments for individuals eligible for Medicaid; and
(3) the following pharmaceuticals if they are not covered by the
individual’s Medicare part D prescription drug plan and the individual’s
income is less than 225 percent of the federal poverty guideline:
pharmaceuticals or classes of pharmaceuticals, or their medical uses, which
may be excluded from coverage or otherwise restricted under Medicaid under
Section 1927(d)(2) or (3) of the Social Security Act.
(d)(1) The secretary of the agency of human services shall develop by rule
the manner by which an individual shall contribute the individual’s cost
established in subdivision (2) of this section, except that individuals eligible
for Medicaid shall only be subject to the cost-sharing requirements established
by Medicaid and Medicare. The rule shall seek to minimize the possibility of
inadvertent loss of eligibility for Medicare part D and V-Pharm benefits. Prior
to filing the rule, the secretary shall submit the proposed rule to the health
access oversight committee established in Sec. 13(e) of No. 14 of the Acts of
1995, as amended. The health access oversight committee shall review and
advise on the agency rules and policies developed under this subsection and
shall submit for consideration any recommendations to the joint legislative
committee on administrative rules.
(2) An individual shall contribute the following amounts:
(A) $15.00 per month or $180.00 per year in the case of recipients
whose household income is greater than the income eligibility level for
Medicaid and no greater than 150 percent of the federal poverty level.
(B) $20.00 per month or $240.00 per year in the case of recipients
whose household income is greater than 150 percent of the federal poverty
level and no greater than 175 percent of the federal poverty level.
(C) $50.00 per month or $600.00 per year, plus 10 percent of the
Medicare part D deductible required by 42 C.F.R. § 423.104(d)(1), 40 percent
of the Medicare part D cost-sharing required by 42 C.F.R. § 423.104(d)(2), and
10 percent of the total costs between the Medicare part D initial coverage limit
and the Medicare part D annual out-of-pocket threshold as defined in 42 C.F.R.
§ 423.104(d)(4) in the case of recipients whose household income is greater
than 175 percent of the federal poverty level and no greater than 225 percent of
the federal poverty level.
(e) In order to ensure the appropriate payment of claims, OVHA may
expand the Medicare advocacy program established under chapter 67 of this
title to individuals receiving benefits from the V-Pharm program.
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§ 2074. VERMONT-Rx PROGRAM
(a) Effective January 1, 2006, Vermont-Rx is established within the office
of Vermont health access and shall be the continuation of the state
pharmaceutical programs in existence upon passage of this subchapter for
those individuals not eligible for Medicare part D. Vermont-Rx is a
pharmaceutical assistance program for individuals age 65 or older who are not
eligible for Medicare and for individuals with disabilities who are receiving
Social Security disability benefits and who are not eligible for Medicare.
Vermont Rx may retain the current program names of VHAP Rx, VScript, and
VScript Expanded if it is cost-effective to retain the current names in lieu of
combining the current programs into one program.
(1) The program shall be administered by OVHA which, to the extent
funding permits, shall establish application, eligibility, coverage, and payment
standards. In addition to the general eligibility requirements established in
section 2072 of this title, an individual must not be eligible for Medicare in
order to be eligible for benefits under Vermont-Rx.
(2) To the extent necessary under federal law, OVHA shall administer
Vermont-Rx in such a manner as to ensure that any permissible federal funding
may be received to support the program. OVHA may establish a division of
the Vermont-Rx program to administer federal Medicaid funds separately in
accordance with a federal waiver pursuant to Section 1115 of the Social
Security Act.
(3) If permissible under federal law, OVHA shall use the same forms
and application process for individuals to enroll in Vermont-Rx, regardless of
the funding source for the program.
(b) Vermont-Rx shall provide:
(1) the same pharmaceutical coverage as the Medicaid program to
elderly individuals and individuals with disabilities whose income is no greater
than 150 percent of the federal poverty guidelines; and
(2) maintenance drugs to elderly individuals and individuals with
disabilities whose income is greater than 150 percent and no greater than
225 percent of the federal poverty guidelines.
(c) Benefits under Vermont-Rx shall be subject to payment of a premium
amount by the recipient in accordance with the provisions of this section.
(1) In the case of recipients whose household income is greater than the
income eligibility level for Medicaid and no greater than 150 percent of the
federal poverty level, such premium shall be $15.00 per month.
(2) In the case of recipients whose household income is greater than
150 percent of the federal poverty level and no greater than 175 percent of the
federal poverty level, the premium shall be $20.00 per month.
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(3) In the case of recipients whose household income is greater than
175 percent of the federal poverty level and no greater than 225 percent of the
federal poverty level, the premium shall be $50.00 per month.
(d) Any manufacturer of pharmaceuticals purchased by individuals
receiving assistance from Vermont-Rx established under this section shall pay
to OVHA, as a condition of participation in the program, a rebate in an amount
at least as favorable as the rebate paid to OVHA in connection with the
Medicaid program.
(e) Under Vermont-Rx, a pharmaceutical may be dispensed to an eligible
recipient provided such dispensing is pursuant to and in accordance with any
contractual arrangement that OVHA may enter into or approve for the group
discount purchase of pharmaceuticals. When a person or business located in
Vermont and employing citizens of this state has submitted a bid for the group
discount purchase of pharmaceuticals and has not been selected, the director of
OVHA shall record the reason for nonselection. The director’s report shall be
a public record available to any interested person. All bids or quotations shall
be kept on file in the director’s office and open to public inspection.
§ 2075. ASSISTANCE IN ENROLLING IN MEDICARE PART D
The agency of human services may act, if permissible under federal law, as
an individual’s agent to enroll the individual in a Medicare part D prescription
drug plan and a low income subsidy if the individual has not enrolled prior to
the application for V-Pharm. The agency shall provide applicants for V-Pharm
with information on Medicare part D and the low income subsidy if applicable,
and on how to obtain assistance in enrolling in Medicare part D or the subsidy.
§ 2076. OVER-THE-COUNTER AND GENERIC MEDICATIONS
(a) All public pharmaceutical assistance programs shall provide coverage
for those over-the-counter pharmaceuticals on the preferred drug list developed
under section 1998 of this title, provided the pharmaceuticals are authorized as
part of the medical treatment of a specific disease or condition, and they are a
less costly, medically appropriate substitute for currently covered
pharmaceuticals.
(b) All public pharmaceutical assistance programs shall comply with the
provisions regarding generic drugs established in chapter 91 of Title 18.
(c) OVHA shall seek any waivers of federal law, rule, or regulation
necessary to implement the provisions of this section.
§ 2077. ADMINISTRATION
(a) The programs established under this subchapter shall be designed to
provide maximum access to program participants, to incorporate mechanisms
that are easily understood and require minimum effort for applicants and health
care providers, and to promote quality, efficiency, and effectiveness through
cost controls and utilization review. OVHA may contract with a fiscal agent
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for the purpose of processing claims and performing related functions required
in the administration of the pharmaceutical programs established under this
subchapter.
(b) Upon determining that an applicant is eligible under this subchapter,
OVHA shall issue an identification card to the applicant.
(c) A pharmacy which dispenses a pharmaceutical to an individual eligible
for a pharmaceutical program established under this subchapter shall collect
payment for the pharmaceutical from OVHA.
§ 2078. EDUCATION AND OUTREACH
The department of aging and independent living shall conduct ongoing
education and outreach to inform elderly Vermonters and Vermonters with
disabilities of the benefits they may be entitled to pursuant to this subchapter,
make available information concerning pharmaceutical assistance programs,
and minimize any confusion and duplication of pharmaceutical coverage
resulting from a multiplicity of pharmaceutical programs.
§ 2079. CONSTRUCTION
The benefits provided by the pharmaceutical assistance programs
established under this subchapter constitute medical services for purposes of
section 141 of this title.
§ 2080. VERMONT PRESCRIPTION DRUG PRICING AND CONSUMER
PROTECTION PROGRAM
The secretary of the agency of human services shall administer this
subchapter in conformity with the pharmacy best practices and cost control
program established under subchapter 5 of this chapter to enable the citizens of
Vermont to purchase necessary prescription pharmaceuticals at the lowest
possible price, to ensure access to such pharmaceuticals, and to support
Vermont pharmacies, consistent with the time frames, standards, and
procedures established by the general assembly.
§ 2081. RULES AND LEGISLATIVE OVERSIGHT
(a) The agency of human services shall adopt rules necessary to implement
and administer the provisions of this subchapter, including standards and
schedules establishing coverage and exclusion of pharmaceuticals and
maximum quantities of pharmaceuticals to be dispensed, and to comply with
the requirements of the Medicare Modernization Act. The agency of human
services shall submit the proposed rule to the health access oversight
committee established in Sec. 13(e) of No. 14 of the Acts of 1995, as amended.
The health access oversight committee shall review and advise on the agency
rules and policies developed under this subsection and shall submit for
consideration any recommendations to the joint legislative committee on
administrative rules.
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(b) OVHA shall report on the status of the pharmaceutical assistance
programs established by this subchapter to the health access oversight
committee in accordance with Sec. 13(e) of No. 14 of the Acts of 1995, as
amended.
Sec. 315. FEDERAL APPROVAL; V-PHARM PROGRAM
(a) If required by federal law, the agency of human services shall apply to
the Center for Medicare and Medicaid Services to establish the V-Pharm
program established in Sec. 314 of this act as a state pharmaceutical assistance
program eligible to provide supplemental pharmaceutical benefits to Medicare
beneficiaries and shall apply for any necessary Medicaid waiver in order to
secure federal contributions. If allowable under federal law, the agency of
human services shall continue to operate all or part of Vermont-Rx under a
Medicaid waiver in order to secure federal contributions.
Sec. 316. TRANSITIONAL PROVISIONS
(a) The programs established under subchapter 8 of chapter 19 of Title 33
shall be the successor to and continuation of the VHAP-Pharmacy, VScript,
and VScript Expanded programs.
(b) The office of Vermont health access (OVHA) shall develop necessary
rules to ensure that individuals do not lose coverage for necessary
pharmaceuticals at the beginning of coverage under Medicare part D if the
individual:
(1) has applied for and attempted to enroll in Medicare part D and has
not received coverage for the needed pharmaceutical due to an operational
problem with Medicare part D; or
(2) has otherwise not received coverage for the needed pharmaceutical;
provided such failure to receive coverage is due to good cause shown and
presents a hardship to the individual, as good cause and hardship are defined
by OVHA.
(c)(1) The commissioner of aging and independent living and the director
of the office of Vermont health access shall continue to convene the working
group of individuals with disabilities, elderly individuals, advocates, and
providers established under Sec. 128j of No. 122 of the Acts of the 2003 Adj.
Sess. (2004). The working group shall meet monthly or more frequently as
needed and shall:
(A) revise as necessary and implement a plan which at a minimum
shall include outreach, education, and assistance to Vermont Medicare
beneficiaries in order to minimize confusion and duplication of coverage
caused by the introduction of the new, federally mandated Medicare part D
pharmacy program. The plan shall focus on those individuals who may also be
eligible for another program which provides supplemental pharmacy benefits,
including Medicaid, VHAP-Pharmacy, VScript, VScript Expanded, Healthy
Vermonters, or the programs established under this act;
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(B) plan for the implementation of Medicare part D in the state
beginning January 1, 2006. Such planning shall include both monitoring and
advocacy on federal policy as it relates to Vermont state pharmaceutical
assistance programs with a goal of minimizing any reduction of assistance to
these beneficiaries. The plan shall analyze fully the potential gains and losses
to Vermont and to its state pharmaceutical assistance beneficiaries resulting
from Medicare part D and the balance of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, P.L. 108-173, and shall provide
ongoing cost projections and identify sources of funding for holding these
beneficiaries harmless from pharmacy benefit cuts once Medicare part D is
implemented; and
(C) report as requested to the house committee on human services,
the senate committee on health and welfare, or, outside the legislative session
and on November 1, 2005, to the health access oversight committee.
(2) For the purpose of this section of the act, “holding harmless” means
the payment of premiums, of cost-sharing, and for pharmaceuticals in drug
classes not covered by Medicare part D in an amount sufficient to ensure that
Vermonters enrolled in the state’s pharmaceutical programs prior to the
implementation of Medicare part D do not have an increased financial burden
and have pharmaceutical benefits therapeutically comparable to those offered
by the state pharmaceutical programs prior to implementation of Medicare
part D.
(d) The agency of human services shall report the number of beneficiaries
of VHAP-Pharmacy, VScript, and VScript-Expanded as of January 1, 2006
who did not enroll in V-Pharm by December 31, 2005 or who were ineligible
for V-Pharm for failure to enroll in Medicare part D or the Medicare part D
low income subsidy. The agency shall report to the house committees on
human services and on appropriations and the senate committees on health and
welfare and on appropriations not later than February 15, 2006.
Sec. 317. MEDICARE PART D; PHARMACEUTICAL BENEFITS FOR
NURSING HOME RESIDENTS
(a) The agency of human services shall make such rules as are necessary to
ensure that residents in nursing homes are held harmless from the transition to
the Medicare part D pharmaceutical program and by the consolidation of the
state pharmaceutical programs under this act. For the purpose of this section,
“held harmless” means that the state shall ensure that Vermonters enrolled in
the state’s pharmaceutical programs prior to the implementation of Medicare
part D do not have an increased financial burden and have pharmaceutical
benefits therapeutically comparable to those offered by the state
pharmaceutical programs prior to implementation of Medicare part D.
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Sec. 318. MEDICARE; CHANGES TO ASSET AND INCOME RULES
(a) Subject to any required federal approval, the agency of human services
shall eliminate the asset requirements and raise the income limits for
individuals who qualify as qualified Medicare beneficiaries (QMB), specified
low income Medicare beneficiaries (SLMB), and qualifying individuals (QI) in
order to maximize the eligibility of these individuals for the low income
subsidy program under Medicare part D, provided that the agency finds that
the elimination of the asset test, or the increase in the income limits, or both for
each program will be, at a minimum, cost neutral to the state in that the costs
of the resulting increased Medicaid participation would not exceed the benefits
from greater participation in the low income subsidy program as it relates to
the Medicare part D program and any decrease in the administrative savings
from simplifying eligibility. The agency shall evaluate the cost neutrality of
each eligibility requirement for each program separately to determine which
changes to which programs meet this standard.
Sec. 319. MEDICARE PART D EMPLOYER SUBSIDY
(a) The commissioner of human resources shall investigate and evaluate the
costs and benefits of the state’s electing to receive the employer subsidy under
the Medicare Prescription Drug, Improvement and Modernization Act of 2003,
P.L. 108-173 and, upon expiration of the current collective bargaining
agreement, the state’s modifying the state employee and retiree pharmaceutical
benefits to wrap around the Medicare part D prescription drug program. The
commissioner shall consider the benefits and costs to state retirees, taxpayers,
and beneficiaries of the state pharmaceutical programs. The commissioner
shall report on the investigation and evaluation to the general assembly no later
than January 15, 2006. The report shall include information regarding the
current employee and retiree pharmaceutical benefits, the cost-sharing
requirements for employees, retirees, and the state, the projected subsidy to be
received, and any other information considered by the commissioner in the
evaluation.
(b) The state treasurer shall report to the general assembly no later than
January 15, 2006 regarding the amount of any expected employer subsidy to be
received by the state under the Medicare Prescription Drug, Improvement and
Modernization Act of 2003, P.L. 108-173.
(c) The state treasurer, in consultation with the Vermont state teachers
retirement board, shall investigate and evaluate the costs and benefits of
electing the employer subsidy under the Medicare Prescription Drug,
Improvement and Modernization Act of 2003, P.L. 108-173 and the
modification of the teacher retiree pharmaceutical benefits to wrap around the
Medicare part D prescription drug program. The treasurer shall consider the
benefits and costs to teacher retirees, taxpayers, and beneficiaries of the state
pharmaceutical programs. The treasurer shall report on the investigation and
evaluation to the general assembly no later than January 15, 2006. The report
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shall include information regarding the current teacher retiree pharmaceutical
benefits, the cost-sharing requirements for retirees, the subsidy to be received,
and any other information considered by the treasurer in the evaluation. The
treasurer shall report to the general assembly no later than January 15, 2006
with the amount of the subsidy to be received under the Medicare Prescription
Drug, Improvement and Modernization Act of 2003, P.L. 108-173.
Sec. 320. STATUTORY REVISION
(a) The legislative council shall make such technical revisions to the
Vermont Statutes Annotated to reflect the consolidation of the state
pharmaceutical programs and the creation of V-Pharm, including revisions to
the names of programs and to statutory citations.
Sec. 321. REPEAL
(a) Subchapter 4 of chapter 19 of Title 33 is repealed as of January 1, 2006.
Any other provisions in session law enacted prior to this act which established
premiums or other cost sharing for state pharmaceutical programs are repealed
by the codification of cost sharing in this act.
Sec. 322. EFFECTIVE DATES
(a) This section and Secs. 109, 132(a), 147a, 150(b), 162a, 165a, 193, 205a,
250(c), 255, 255a, 263, 272, 279, 280, 302, 303, 307, 315, 317, and 318, of this
act shall take effect on passage.
(b) Sec. 31(b) shall take effect July 10, 2005.
(c) Sec. 169a shall take effect July 1, 2006.
(Committee vote: 7-0-0)
And that the bill ought to pass in concurrence with such proposal of
amendment.
____________________________________
Senator Susan J. Bartlett
FOR THE COMMITTEE
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