Journal of the Senate
________________
SATURDAY, JUNE 4, 2005
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Senate Concurrent Resolutions
The following joint concurrent resolutions, having been placed on the
consent calendar on the preceding legislative day, and no Senator having
requested floor consideration as provided by the Joint Rules of the Senate and
House of Representatives, are hereby adopted on the part of the Senate:
By Senators Doyle, Cummings and Scott,
By Representative Brooks and others,
S.C.R. 40.
Senate concurrent resolution extending best wishes to former
Representative Curt McCormack and Nicole Dewing as they embark on a new
path as Peace Corps volunteers in Senegal.
By Senators Doyle, Cummings and Scott,
By Representative Brooks and others
S.C.R. 41.
Senate concurrent resolution congratulating Woodbury College on its 30th
anniversary.
[The full text of the Senate concurrent resolutions appeared in the Senate
calendar addendum for Thursday, June 2, 2005, and, if adopted in concurrence
by the House, will appear in the volume of the Public Acts and Resolves to be
published for this session of the sixty-eighth biennial session of the Vermont
General Assembly.]
House Concurrent Resolutions
The following joint concurrent resolutions having been placed on the
consent calendar on the preceding legislative day, and no Senator having
requested floor consideration as provided by the Joint Rules of the Senate and
House of Representatives, are hereby adopted in concurrence:
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SATURDAY, JUNE 4, 2005
1327
By Representative Livingston and others,
By Senators Sears and Shepard,
H.C.R. 153.
House concurrent resolution congratulating Burr and Burton Academy on
its 175th anniversary.
By Representative Brooks and others,
By Senators Cummings, Doyle and Scott,
H.C.R. 154.
House concurrent resolution congratulating Linda Wheatley and Suvannee
Promchan for their roles in the Montpelier High School students’ 2005
excursion to Thailand.
By Representative Ancel,
H.C.R. 155.
House concurrent resolution congratulating the 2005 Project Citizen
winners from Twinfield Union School.
By Representatives Leriche and others,
H.C.R. 156.
House concurrent resolution congratulating Betty Hatch on being named the
2005 Martha H. O’Connor Friend of Education.
By Representatives French and others,
By Senator MacDonald,
H.C.R. 157.
House concurrent resolution congratulating Abigail Swan on her
designation as the 2005 Vermont State Boys & Girls Clubs Youth of the Year.
By Representatives Emmons and others,
H.C.R. 158.
House concurrent resolution congratulating Cathy Howland of Springfield
on her receipt of commendations as a registered nurse.
By Representatives Nease and others,
H.C.R. 159.
House concurrent resolution congratulating the 2004 Lamoille Union High
School Lancers Division II championship girls’ soccer team.
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By Representative Orr,
H.C.R. 160.
House concurrent resolution honoring former Representative Hazel Prindle
of Charlotte for her decades of outstanding civic and community service.
By Representatives Nease and others,
By Senator Bartlett,
H.C.R. 161.
House concurrent resolution commemorating the history of the town of
Sterling.
By Representatives Orr and others,
H.C.R. 162.
House concurrent resolution honoring Stacie Lee Blake for her work on
behalf of refugees and immigrants in Vermont.
By Representatives Botzow and others,
By Senators Dunne, Snelling, Ayer, Bartlett, Campbell, Collins, Condos,
Coppenrath, Cummings, Doyle, Flanagan, Gander, Giard, Illuzzi, Kitchel,
Kittell, Leddy, Lyons, MacDonald, Maynard, Mazza, Miller, Mullin, Scott,
Sears, Shepard, Starr, Welch, White and Wilton,
H.C.R. 163.
House concurrent resolution congratulating the Vermont Arts Council on its
40th anniversary.
By Representatives Lorber,
H.C.R. 164.
House concurrent resolution congratulating the Catalyst Theatre Company’s
Thumbs Up! Showcase on its tenth anniversary gala.
By Representatives Obuchowski and others,
H.C.R. 165.
House concurrent resolution in memory of the American military personnel
who have died in service of their nation in Iraq since January 5, 2005.
SATURDAY, JUNE 4, 2005
1329
By Representatives Hosford and others,
H.C.R. 166.
House concurrent resolution congratulating the Harwood Union High
School student producers of the video documentary “Common Ground: The
Stories of Waterbury to Warren”.
By Representatives Obuchowski and others,
H.C.R. 167.
House concurrent resolution congratulating Sonnax Industries Inc. of
Bellows Falls on its designation as the Vermont International Business
Council’s Exporter of the Year.
By Representatives Valliere and others,
By Senators Cummings, Doyle and Scott,
H.C.R. 168.
House concurrent resolution in memory of Allison Hansen, Joshua
Nutbrown, and Justin Nutbrown.
By Representatives Marcotte and others,
H.C.R. 169.
House concurrent resolution commemorating the 100th anniversary of the
establishment of the Daughters of the Charity of the Sacred Heart of Jesus
religious order in the United States.
By Representative Donahue and others,
H.C.R. 170.
House concurrent resolution congratulating Walter Weaver of Northfield on
winning the grades 3 - 5 division of the secretary of state’s 2005 poster contest.
By Representatives Perry and others,
By Senators Ayer, Collins, Condos, Leddy, Mazza and Miller,
H.C.R. 171.
House concurrent resolution commemorating the dedication of the Robert
T. Stafford United States Navy Memorial on Lake Champlain
By Representatives French and others,
By Senator MacDonald,
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H.C.R. 172.
House concurrent resolution congratulating Tomomi Shimabukuro on her
designation as the 2005 Capital Division’s girl basketball player of the year.
By Representative Smith,
H.C.R. 173.
House concurrent resolution recognizing Debora Price’s outstanding
educational leadership as principal of the Beeman Elementary School in New
Haven.
By Representative Hube,
H.C.R. 174.
House concurrent resolution congratulating the town of Jamaica on its
225th anniversary.
[The full text of the House concurrent resolutions appeared in the Senate
calendar addendum for Thursday, June 2, 2005, and will appear in the volume
of the Public Acts and Resolves to be published for this session of the sixtyeighth biennial session of the Vermont General Assembly.]
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Rules Suspended; Bill Messaged
S. 66.
Appearing on the Calendar for notice, on motion of Senator Mazza, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
An act relating to the welfare of animals.
Was taken up for immediate consideration.
Senator Campbell, for the Committee of Conference, submitted the
following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 66. An act relating to the welfare of animals.
Respectfully reports that it has met and considered the same and
recommends that the bill be amended by striking out all after the enacting
clause and inserting in lieu thereof the following:
SATURDAY, JUNE 4, 2005
1331
Sec. 1. STUDY COMMITTEE OF THE PET MERCHANT INDUSTRY
(a) A committee is established to study the sale, exchange, and donation of
animals by merchants in the state of Vermont under chapters 194 and 199 of
Title 20. The committee shall determine the best approach to long-term
regulation of the sale, exchange, and donation of animals by pet merchants in
the state of Vermont. The committee shall study:
(1) Administration of the licensing or registration of pet merchants,
including whether Vermont should follow the regulatory framework utilized in
New Hampshire or other states;
(2) Enforcement of any licensing or registration of pet merchants and
any prohibition on the unlicensed sale, exchange, or donation of animals,
including whether to require proof of licensing prior to advertising the sale,
exchange, or donation of animals;
(3) Funding available for the enforcement of pet merchant licensing or
registration requirements; and
(4) Delegation of some or all enforcement duties to humane societies,
sheriff’s departments, or other local or municipal entities.
(b) The committee shall consist of the following members:
(1) The secretary of agriculture, food and markets or his or her designee;
(2) A member of the senate to be appointed by the committee on
committees;
(3) A member of the house of representatives to be appointed by the
speaker of the house;
(4) The commissioner of taxes or his or her designee;
(5) A member of the Vermont humane federation appointed by the
federation;
(6) A member of the Vermont sheriffs’ association appointed by the
association;
(7) A veterinarian from the Vermont veterinary medical association
appointed by the association;
(8) A member of the Vermont cruelty task force appointed by the task
force;
(9) A member of the Vermont animal control association to be
appointed by the association;
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(10) A representative of the Vermont federation of dog clubs to be
appointed by the federation; and
(11) A registered pet merchant appointed by the secretary of agriculture,
food and markets.
(c) The committee shall be co-chaired by the member of the senate and the
member of the house of representatives appointed to the committee. The
legislative council shall provide professional and administrative support for the
committee. The committee may hold public hearings and shall solicit
comment or testimony from interested parties, including:
(1) The commissioner of fish and wildlife or his or her designee;
(2) The secretary of state or his or her designee;
(3) The Vermont League of Cities and Towns;
(4) The Vermont Federation of Sportsmen’s Clubs;
(5) The American Kennel Club;
(6) Rabbit breeder associations;
(7) Animal rescue organizations in Vermont; and
(8) Pet breeders working from their homes.
(d) All members of the committee shall serve for the duration of the study
unless circumstances dictate a permanent replacement. Vacancies shall be
appointed in the same manner as original appointments.
(e) The committee shall report its recommendations in the form of
proposed legislation by January 15, 2006 to the house committees on
agriculture, judiciary, and government operations; and the senate committees
on agriculture, economic development, housing and general affairs, judiciary,
and government operations. The report shall include recommendations by the
committee for the regulation of the pet merchant industry in Vermont.
CLAIRE D. AYER
JOHN F. CAMPBELL
VINCENT ILLUZZI
Committee on the part of the Senate
SARA COPELAND-HANZAS
MITZI JOHNSON
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
SATURDAY, JUNE 4, 2005
1333
Thereupon, on motion of Senator Mazza, the rules were suspended, and the
bill was ordered messaged to the Governor forthwith.
Rules Suspended; Report of Committee of Conference; Consideration
Postponed
S. 80.
Appearing on the Calendar for notice, on motion of Senator Mazza, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
An act relating to increasing the minimum wage.
Was taken up for immediate consideration.
Senator Miller, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 80. An act relating to increasing the minimum wage.
Respectfully reports that it has met and considered the same and
recommends that the House recede from its proposal of amendment and that
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. 21 V.S.A. § 384(a) is amended to read:
(a) An employer shall not employ an employee at a rate less than $6.25 an
hour, beginning on January 1, 2004 at a rate less than $6.75 an hour, and
beginning on January 1, 2005 at a rate less than $7.00 an hour and, beginning
January 1, 2006, at a rate less than $7.25, and, beginning January 1, 2007, and
on each subsequent January 1, the minimum wage rate shall be increased by
five percent or the percentage increase of the Consumer Price Index, CPI-U,
U.S. city average, not seasonally adjusted, or successor index, as calculated by
the U.S. Department of Labor or successor agency for the 12 months preceding
the previous September 1, whichever is smaller. The minimum wage shall be
rounded off to the nearest $0.01. An employer in the hotel, motel, tourist
place, and restaurant industry shall not employ a service or tipped employee
beginning on January 1, 2004 at a basic wage rate less than $3.58 an hour,
beginning on January 1, 2005 at a basic wage rate less than $3.65 an hour and
thereafter at a rate to be determined when the minimum wage is increased. For
the purposes of this subsection, “a service or tipped employee” means all
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those, in either hotels, motels, tourist places, and restaurants an employee of a
hotel, motel, tourist place, or restaurant who customarily and regularly receives
more than $30.00 per month in tips for direct and personal customer service. If
the minimum wage rate established by the United States government is greater
than the rate established for Vermont for any year, the minimum wage rate for
that year shall be the rate established by the United States government.
MARK A. MACDONALD
VINCENT ILLUZZI
HINDA MILLER
Committee on the part of the Senate
FRANCIS K. BROOKS
HELEN HEAD
RICHARD J. HOWRIGAN
Committee on the part of the House
Thereupon, pending the question, Shall the Senate accept and adopt the
report of the Committee of Conference?, on motion of Senator Campbell
consideration of the Committee of Conference was postponed.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Rules Suspended; Bill Messaged
S 159.
Appearing on the Calendar for notice, on motion of Senator Mazza, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
An act relating to updating and clarifying education law.
Was taken up for immediate consideration.
Senator Collins, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 159. An act relating to updating and clarifying education law.
Respectfully reports that it has met and considered the same and
recommends that the Senate accede to the House proposal of amendment and
that the bill be further amended as follows:
SATURDAY, JUNE 4, 2005
1335
First: By striking out Sec. 16 in its entirety and inserting in lieu thereof a
new Sec. 16 to read as follows:
Sec. 16. 16 V.S.A. § 4011(a) and (c) are amended to read:
(a) Annually, the general assembly shall appropriate funds to pay for an
adjusted education payment for each equalized pupil statewide education
spending and a portion of a base education payment for each adult diploma
student and student or client in the adult education and literacy program.
(c) Annually, each school district shall receive an adjusted education
spending payment for support of education costs. Funds distributed under this
section shall be allocated on the basis of the equalized pupils in each school
district, except for unorganized towns and gores. An unorganized town or gore
shall receive an amount equal to its adjusted education payment for that year
for each student based on the weighted average daily membership count which
shall not be equalized. If the district’s adjusted education payment is less than
the base education payment, then in fiscal years 2005 and 2006 only, the
district shall receive its education spending per equalized pupil plus 40 percent
of the excess of the base education payment over the district’s adjusted
education payment, but only for deposit in a district’s education reserve fund,
authorized in accord with section 2804 of Title 24, for expenditure on
legitimate items of education expense. In fiscal years 2007 and after, no
district shall receive more than its education spending amount.
Second: At the end of the bill by adding two new sections to be numbered
Sec. 19 and 20 to read as follows:
Sec. 19. TRANSITION TO FULL IMPLEMENTATION OF ACT 130;
FUNDING OF UNION AND UNIFIED UNION SCHOOL DISTRICTS
(a) In this section, “municipality” has the same meaning as in 32 V.S.A.
§ 5401(9).
(b) In fiscal year 2007, union and unified school districts shall not receive
funds under 16 V.S.A. § 4011(c) and shall divide the amount that would
otherwise be received under that section in the proportion which the union
district’s equalized pupil count from the associated municipality bears to the
total number of the union district’s equalized pupil count for that year. The
board of directors of a union district shall present an estimate of the amount to
be divided at an annual meeting. Following a vote to adopt the budget, the
board of directors shall compute the share of each member district or
associated municipality and give notice of the amount to the legislative branch
of the member district or municipality. Upon receipt by the member district or
municipality of the notice of the share in the union or unified district expenses,
the share shall become a legal obligation of the member district or municipality
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without need for further vote of the member district or municipality electorate.
Notwithstanding 16 V.S.A. § 706j(a)(8), in fiscal year 2007, a union school
district board of directors may borrow money pending receipt of payments
from the member districts or associated municipality by the issuance of its
notes or orders payable not later than one year from date.
(c) In fiscal year 2007, education spending as defined in 16 V.S.A.
§ 4001(6) shall include any assessment for a union school.
(d) Notwithstanding the provisions of 32 V.S.A. § 5402(a)(2) and (3), for
fiscal year 2007, the homestead property tax rate for a municipality which is a
member of a union or unified union school district shall not be calculated as
required under subsection 5402(e) of Title 32.
Sec. 20.
LAKE CHAMPLAIN REGIONAL TECHNICAL CENTER
SCHOOL DISTRICT; TRANSFER OF FUNDS
(a) Reallocation. Notwithstanding any provision of law to the contrary, all
capital appropriations made in prior legislative sessions to the department of
buildings and general services for use by the Lake Champlain Chamber of
Commerce, the Chittenden Workforce Investment Board, or the Lake
Champlain Regional Technical Center School District (“LCRTCSD”) that
remain in any LCRTCSD account shall be transferred to the department of
buildings and general services on or before July 15, 2005. Of the amount
transferred, the department shall disburse the sum of $10,000.00 to the
Chittenden South Supervisory Union Board as fiscal agent for the purpose of
providing consulting services to the steering committee created in subsection
(b) of this section.
(b) Steering committee. There is created a steering committee to develop a
vision for providing technical education in the Chittenden County service
region and to determine if a new planning committee should be created under
the provisions of 16 V.S.A. § 1572. The steering committee shall consist of
the following members: the superintendent of schools for the Chittenden
South Supervisory Union who shall serve as chair, a member of the Burlington
board of school commissioners to be selected by that board, a member of the
Essex Union # 46 High School Board to be selected by that board, a high
school principal from the service area selected by the commissioner of
education in consultation with the principals in the technical center service
region, one member selected by the Chittenden Workforce Investment Board,
one member selected by the Franklin-Grand Isle Workforce Investment Board,
and two teachers chosen by the commissioner of education, one from the
Burlington Technical Center and one from the Center for Technology – Essex.
The director of the Burlington Technical Center and the director of the Center
SATURDAY, JUNE 4, 2005
1337
for Technology – Essex shall serve as nonvoting members of the steering
committee.
(c) Access to records and information. The LCRTCSD shall ensure that all
of its records and information relating to its work are made available to the
steering committee and comply with all requirements relating to the disposition
of public records.
(d) Recommendations. On or before November 30, 2005, the steering
committee shall provide specific recommendations for implementing its vision,
including the process for creating a new planning committee under the
provisions of 16 V.S.A. § 1572, if necessary, to the school boards and
superintendents for each of the high schools in the region. It shall submit
copies of the recommendations to the house and senate committees on
education and on institutions, the commissioners of education and of buildings
and general services, the Franklin-Grand Isle Workforce Investment Board,
and the Chittenden Workforce Investment Board.
(e) Oversight. The commissioner of education shall monitor the steering
committee’s work and shall approve all expenditures of the sums reallocated to
the committee in subsection (a) of this section.
DONALD E. COLLINS
JAMES C. CONDOS
WENDY L. WILTON
Committee on the part of the Senate
GEORGE CROSS
DENISE BARNARD
KATHY LAVOIE
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Mazza, the rules were suspended, and the
bill was ordered messaged to the Governor forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Rules Suspended; Bill Messaged
S. 171.
Appearing on the Calendar for notice, on motion of Senator Mazza, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
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An act relating to agricultural water quality.
Was taken up for immediate consideration.
Senator Kittell, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 171. An act relating to agricultural water quality.
Respectfully reports that it has met and considered the same and
recommends that the bill be amended by striking out all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1. 6 V.S.A. § 4810 is amended to read:
§ 4810. AUTHORITY; COOPERATION; COORDINATION
(a) Agricultural land use practices. In accordance with 10 V.S.A.
§ 1259(i), the secretary shall adopt by rule, pursuant to chapter 25 of Title 3,
and shall implement and enforce agricultural land use practices in order to
reduce the amount of agricultural pollutants entering the waters of the state.
These agricultural land use practices shall be created in two categories,
pursuant to subdivisions (1) and (2) of this subsection.
(1) “Accepted Agricultural Practices” (AAPs) shall be standards to be
followed in conducting agricultural activities in this state. These standards
shall address activities which have a potential for causing pollutants to enter
the groundwater and waters of this the state, including dairy and other
livestock operations plus all forms of crop and nursery operations. The AAPs
shall include, as well as promote and encourage, practices for farmers in
preventing pollutants from entering the groundwater and waters of the state
when engaged in, but not limited to, animal waste management and disposal,
soil amendment applications, plant fertilization, and pest and weed control.
Persons engaged in farming, as defined in section 6001 of Title 10, who follow
these practices shall be presumed to be in compliance with water quality
standards. AAPs shall be practical and cost effective to implement. The AAPs
for groundwater shall include a process under which the agency shall receive,
investigate, and respond to a complaint that a farm has contaminated the
drinking water or groundwater of a property owner.
***
(b) Cooperation and coordination. The secretary of agriculture, food and
markets shall coordinate with the secretary of natural resources in
SATURDAY, JUNE 4, 2005
1339
implementing and enforcing programs, plans and practices developed for
reducing and eliminating agricultural non-point source pollutants and
discharges from concentrated animal feeding operations. The secretary of
agriculture, food and markets and the secretary of natural resources shall
develop a memorandum of understanding for the non-point program describing
program administration, grant negotiation, grant sharing and how they will
coordinate watershed planning activities to comply with Public Law 92-500.
The secretary of agriculture, food and markets and the secretary of the agency
of natural resources shall also develop a memorandum of understanding
according to the public notice and comment process of subsection 1259(i) of
Title 10 regarding the implementation of the federal concentrated animal
feeding operation program and the relationship between the requirements of
the federal program and the state agricultural water quality requirements for
large, medium, and small farms under chapter 215 of this title. The
memorandum of understanding shall describe program administration, permit
issuance, an appellate process, and enforcement authority and implementation.
The memorandum of understanding shall be consistent with the federal
National Pollutant Discharge Elimination System permit regulations for
discharges from concentrated animal feeding operations. The allocation of
duties under this chapter between the secretary of agriculture, food and
markets and the secretary of natural resources shall be consistent with the
secretary’s duties, established under the provisions of section subsection
1258(b) of Title 10, to comply with Public Law 92-500. The secretary of
natural resources shall be the state lead person in applying for federal funds
under Public Law 92-500, but shall consult with the secretary of agriculture,
food and markets during the process. The agricultural non-point source
program may compete with other programs for competitive watershed projects
funded from federal funds. The secretary of agriculture, food and markets
shall be represented in reviewing these projects for funding. Actions by the
secretary of agriculture, food and markets under this chapter concerning
agricultural non-point source pollution shall be consistent with the water
quality standards and water pollution control requirements of chapter 47 of
Title 10 and the federal Clean Water Act as amended.
Sec. 2. 6 V.S.A. § 4812 is amended to read:
§ 4812. CORRECTIVE ACTIONS
(a) When the secretary of agriculture, food and markets determines that a
person engaged in farming is managing a farm using practices which are
inconsistent with practices defined by rules under this chapter subchapter, the
secretary may issue a written warning which shall be served in person or by
certified mail, return receipt requested. The warning shall include a brief
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description of the alleged violation, identification of this statute and applicable
rules, a recommendation for corrective actions that may be taken by the
person, along with a summary of federal and state assistance programs which
may be utilized by the person to remedy the violation and a request for an
abatement schedule from the person according to which the practice shall be
altered. The person shall have 30 days to respond to the written warning. If
the person fails to respond to the written warning within this period or to take
corrective action to change the practices in order to protect water quality, the
secretary may act pursuant to subsection (b) of this section in order to protect
water quality.
(b) After an opportunity for a hearing, the secretary may issue cease and
desist orders and institute appropriate proceedings on behalf of the agency to
enforce this chapter subchapter.
(c) Whenever the secretary believes that any person engaged in farming is
in violation of this chapter subchapter, an action may be brought in the name
of the agency in a court of competent jurisdiction to restrain by temporary or
permanent injunction the continuation or repetition of the violation. The court
may issue temporary or permanent injunctions, and other relief as may be
necessary and appropriate to curtail any violations.
(c)(d) The secretary may assess administrative penalties in accordance with
sections 15, 16, and 17 of this title against any farmer who violates a cease and
desist order or other order issued under subsection (b) of this section.
(d)(e) Any person subject to an enforcement order or an administrative
penalty who is aggrieved by the final decision of the secretary may appeal to
the superior court within 30 days of the decision. The environmental judge
shall be a specially assigned superior court judge The administrative judge
may specially assign an environmental judge to superior court for the purpose
of hearing an appeal.
Sec. 3. 6 V.S.A. § 4813(b) is amended to read:
(b) Any person engaged in farming that has been required by the secretary
of agriculture, food and markets to implement best management practices or
any person who has petitioned the secretary of agriculture, food and markets
under subsection (a) of this section may appeal the secretary of agriculture,
food and market’s decision to the water resources board environmental court
de novo.
Sec. 4. 6 V.S.A. § 4815 is added to read:
§ 4815. WASTE STORAGE FACILITY
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1341
(a) No person shall construct a new waste storage facility or expand or
modify a waste storage facility in existence on July 1, 2006 unless the facility
meets the standard established for such facilities by the Natural Resources
Conservation Service of the U.S. Department of Agriculture or an equivalent
standard. If an equivalent design standard is used, the design and construction
shall be certified by the secretary of agriculture, food and markets or a licensed
professional engineer operating within the scope of his or her expertise.
(b) The secretary may require the owner or operator of a waste storage
facility in existence on July 1, 2006, to modify the facility to meet the standard
set forth in subsection (a) of this section if the facility poses a threat to human
health or environment as established by a violation of the state groundwater
protection standards. If the secretary determines that a facility that meets the
standard set forth in subsection (a) of this section poses a threat to human
health or the environment, the secretary may require the owner or operator of
the facility to implement additional management measures. The costs of initial
groundwater monitoring conducted to determine if a facility poses a threat to
human health or the environment shall be paid by the secretary. Within 21
days of a determination under this subsection that a facility poses a threat to
human health or the environment, the secretary of agriculture, food and
markets shall notify the department of health and the secretary of natural
resources of the location of the facility and the name of its owner or operator.
(c) For purposes of this section, “waste storage facility” means an
impoundment made for the purpose of storing agricultural waste by
constructing an embankment, excavating a pit or dugout, fabricating an inground or above-ground structure, or any combination thereof. This section
does not apply to concrete slabs used for agricultural waste management.
Sec. 5. 6 V.S.A. § 4826 is added to read:
§ 4826. COST ASSISTANCE FOR WASTE STORAGE FACILITIES
(a) The owner or operator of a farm required under section 4815 of this title
to design, construct, or modify a waste storage facility may apply in writing to
the secretary of agriculture, food and markets for cost assistance. Using state
or federal funds or both, a state assistance grant shall be awarded, subject to
the availability of funds, to applicants. Such grants shall not exceed 85 percent
of the cost of an adequately sized and designed waste storage facility and the
equipment eligible for Natural Resources Conservation Service cost share
assistance. Application for a state assistance grant shall be made in the manner
prescribed by the secretary. For purposes of this section, “waste storage
facility” means an impoundment made for the purpose of storing agricultural
waste by constructing an embankment, excavating a pit or dugout, fabricating
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an in-ground or above-ground structure, or any combination thereof. This
section does not apply to concrete slabs used for agricultural waste
management.
(b) If the secretary lacks adequate funds necessary for the cost assistance
awards required by subsection (a) of this section, the secretary shall appear
before the emergency board, as soon as possible, and shall request that
necessary funds be provided. If the emergency board fails to provide adequate
funds, the design and construction requirements for waste storage facilities
under subsection 4815(b) of this title and the AAPs for groundwater, as they
relate to a waste storage facility, shall be suspended for a farm with a waste
storage facility subject to the requirements of subsection 4815(b) of this title
until adequate funding becomes available. Suspension of the design and
construction requirements of subsection 4815(b) of this title does not relieve an
owner or operator of a farm permitted under section 4858 of this title from the
remaining requirements of the owner’s or operator’s permit, including
discharge standards, groundwater protection, nutrient management planning,
and land application of manure. This subsection does not apply to farms
permitted under section 1263 of Title 10 or farms permitted under section 4851
of this title.
Sec. 6. 6 V.S.A. § 4827 is added to read:
§ 4827. NUTRIENT MANAGEMENT PLANNING; INCENTIVE GRANTS
(a) A farm developing or implementing a nutrient management plan under
chapter 215 of this title or federal regulations may apply to the secretary of
agriculture, food and markets for financial assistance. The financial assistance
shall be in the form of incentive grants. Annually, after consultation with the
U.S. Department of Agriculture Natural Resources Conservation Service,
natural resources conservation districts, the University of Vermont extension
service and others, the secretary shall determine the average cost of developing
and implementing a nutrient management plan in Vermont. The dollar amount
of an incentive grant awarded under this section shall be equal to the average
cost of developing a nutrient management plan as determined by the secretary
or the cost of complying with the nutrient management planning requirements
of chapter 215 of this title or federal regulations, whichever is less.
(b) Application for a state assistance grant shall be made in a manner
prescribed by the secretary and shall include, at a minimum:
(1) an estimated cost of developing and implementing a nutrient
management plan for the applicant;
(2) the amount of incentive grant requested; and
SATURDAY, JUNE 4, 2005
1343
(3) a schedule for development and implementation of the nutrient
management plan.
(c) The secretary annually shall prepare a list of farms ranked, regardless of
size, in priority order that have applied for an incentive grant under this
section. The priority list shall be established according to factors that the
secretary determines are relevant to protect the quality of waters of the state,
including:
(1) the proximity of a farm to a water listed as impaired for agricultural
runoff, pathogens, phosphorus, or sediment by the agency of natural resources;
(2) the proximity of a farm to an unimpaired water of the state;
(3) the proximity of a drinking water well to land where a farm applies
manure; and
(4) the risk of discharge to waters of the state from the land application
of manure by a farm.
(d) Assistance in accordance with this section shall be provided from state
funds appropriated to the agency of agriculture, food and markets for
integrated crop management.
(e) If the secretary lacks adequate funds necessary for the financial
assistance required by subsection (a) of this section, the requirement to develop
and implement a nutrient management plan under state statute or state
regulation shall be suspended until adequate funding becomes available.
Suspension of a state-required nutrient management plan does not relieve an
owner or operator of a farm permitted under section 4858 of this title of the
remaining requirements of a state permit, including discharge standards,
groundwater protection, and land application of manure. This subsection does
not apply to farms permitted under section 1263 of Title 10 or farms permitted
under section 4851 of this title.
(f) The secretary may contract with natural resources conservation districts,
the University of Vermont extension service, and other persons and
organizations to aid in the implementation of the incentive grants program
under subsection (a) of this section and to assist farmers in the development
and implementation of nutrient management plans.
Sec. 7. 6 V.S.A. § 4850 is amended to read:
§ 4850. DEFINITIONS
For purposes of this subchapter:
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(1) “Animal unit” means 1,000 pounds of live body weight of livestock.
Animal units are calculated by adding the following numbers: the number of
slaughter and feeder cattle multiplied by 1.0, plus the number of mature dairy
cattle multiplied by 1.4, plus the number of swine weighing over 25 kilograms
multiplied by 0.4, plus the number of sheep multiplied by 0.1, plus the number
of horses multiplied by 2.0, for any large farm operation.
(2)(1) “Domestic fowl” means laying-hens, broilers, ducks, and turkeys.
(3)(2) “Livestock” means cattle, swine, sheep, or horses.
Sec. 8. 6 V.S.A. § 4851 is amended to read:
§ 4851. PERMIT REQUIREMENTS FOR LARGE FARM OPERATIONS
(a) No person shall, without a permit from the secretary, construct a new
barn, or expand an existing barn, designed to house more than 700 mature
dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine
weighing over 55 pounds, 10,000 swine weighing less than 55 pounds, 500
horses, 10,000 sheep or lambs, 55,000 turkeys, 30,000 laying hens or broilers
with a liquid manure handling system, 82,000 laying hens without a liquid
manure handling system, 125,000 chickens other than laying hens without a
liquid manure handling system, 5,000 ducks with a liquid manure handling
system, or 30,000 ducks without a liquid manure handling system. No permit
shall be required to replace an existing barn in use for livestock or domestic
fowl production at its existing capacity. The secretary of agriculture, food and
markets, in consultation with the secretary of natural resources, shall review
any application for a permit under this section with regard to water quality
impacts and, prior to approval of a permit under this subsection, shall issue a
written determination regarding whether the applicant has established that
there will be no unpermitted discharge to waters of the state pursuant to the
federal regulations for concentrated animal feeding operations. If upon review
of an application for a permit under this subsection, the secretary of
agriculture, food and markets determines that the permit applicant may be
discharging to waters of the state, the secretary of agriculture, food and
markets and the secretary of natural resources shall respond to the discharge in
accordance with the memorandum of understanding regarding concentrated
animal feeding operations under subsection 4810(b) of this title. The secretary
of natural resources may require a large farm to obtain a permit under section
1263 of Title 10 pursuant to federal regulations for concentrated animal
feeding operations.
***
(d) A person seeking a permit under this section shall apply in writing to
the secretary. The application shall include a description of the proposed barn
SATURDAY, JUNE 4, 2005
1345
or expansion of animal units livestock or domestic fowl; a proposed nutrient
management plan to accommodate the number of livestock or domestic fowl
the barn is designed to house or expand to; and a description of the manure
management system to be used to accommodate agricultural wastes.
***
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Sec. 9. 6 V.S.A. § 4852 is amended to read:
§ 4852. RULES
The secretary may adopt rules pursuant to chapter 25 of Title 3 concerning
program administration, program enforcement, appeals and standards for waste
management and waste storage, setbacks or siting criteria for new construction
or expansion, groundwater contamination, odor, noise, traffic, insects, flies,
and other pests in order to implement this subchapter. In no case shall the
rules be stricter than the federal regulations when adjusted where appropriate
to 95 percent of the federal threshold governing concentrated animal feeding
operations, as set forth in the EPA Guide Manual on NPDES Regulations and
in EPA Document 833-B-95-001 of December, 1995. The siting criteria
adopted by the secretary by rule shall be consistent with the standards for the
quality of state waters and standards for acceptable agricultural practices
pursuant to subchapter 2 of this chapter. The groundwater contamination rules
adopted by the secretary shall include a process under which the agency shall
receive, investigate, and respond to a complaint that a farm has contaminated
the drinking water or groundwater of a property owner.
Sec. 10. 6 V.S.A. § 4853 is amended to read:
§ 4853. INFORMATIONAL MEETING
(a) Upon receipt by the secretary of a permit application for construction of
a new barn under this subchapter, the secretary shall establish an advisory
group to assist in reviewing the application. The advisory group shall consist
of, in addition to the secretary, the secretary of natural resources or his or her
duly authorized representative, a farmer appointed by the governor, and a
representative of the legislative body of the municipality in which the proposed
facility would be located. Such representative shall be appointed by the
legislative body but need not be a resident of the municipality. The secretary
may establish the advisory group pursuant to this subsection upon receipt of a
permit application for expansion of an existing barn under this subchapter.
(b) The secretary shall conduct an informational meeting in a municipality
when there is a proposal to construct a new barn, within the municipality, that
would require a permit under this subchapter.
(b)(c) The secretary may conduct an informational meeting in a
municipality in which a barn expansion is sought, if the barn is already subject
to permitting requirements under this subchapter.
(c)(d) The secretary shall upon request prepare in writing the response of
the agency to matters raised during a meeting held pursuant to this section, or
submitted to the secretary in writing. Such response shall pertain to
considerations required under this subchapter.
SATURDAY, JUNE 4, 2005
1347
Sec. 11. 6 V.S.A. § 4858 is amended to read:
§ 4858. ANIMAL WASTE PERMITS
***
(b) Rules; general and individual permits. The secretary shall establish by
rule, pursuant to chapter 25 of Title 3, requirements for a “general permit” and
“individual permit” to ensure that medium and small farms generating animal
waste comply with the water quality standards of the state.
(1) “General” and “individual” permits issued under this section shall be
consistent with rules adopted under this section, shall include terms and
conditions appropriate to each farm size category and each farm animal type as
defined by section 4857 of this title and shall meet standards at least as
stringent as those established by the U.S. Environmental Protection Agency for
concentrated animal feeding operations, as set forth in USEPA National
Pollutant Discharge Elimination System Permit Regulation and Effluent
Limitation Guidelines and Standards for Concentrated Animal Feeding
Operations; Final Rule, 68 Fed. Reg. 7176 (2004)(to be codified at 40 C.F.R.
Parts 9, 122, 123, 68, and 412) federal regulations for concentrated animal
feeding operations. Such standards shall address waste management, waste
storage, development of nutrient management plans, carcass disposal, and
surface water and groundwater contamination, plus recordkeeping and,
reporting regarding such matters, and monitoring provisions regarding such
matters to ensure that the terms and conditions of the permit are being met.
The groundwater contamination rules adopted by the secretary under this
section shall include a process under which the agency shall receive,
investigate, and respond to a complaint that a farm has contaminated the
drinking water or groundwater of a property owner.
***
(c)(1) Medium farm general permit. The owner or operator of a medium
farm seeking coverage under a general permit adopted pursuant to this section
shall certify to the secretary within a period specified in the permit, and in a
manner specified by the secretary, that the medium farm does comply with
permit requirements regarding an adequately sized and designed manure
management system to accommodate the wastes generated and a nutrient
management plan to dispose of wastes in accordance with accepted agricultural
practices adopted under this chapter. Any certification or notice of intent to
comply submitted under this subdivision shall be kept on file at the agency of
agriculture, food and markets. The secretary of agriculture, food and markets,
in consultation with the secretary of natural resources, shall review any
certification or notice of intent to comply submitted under this subdivision
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with regard to the water quality impacts of the medium farm for which the
owner or operator is seeking coverage, and, within 18 months of receiving the
certification or notice of intent to comply, shall verify whether the owner or
operator of the medium farm has established that there will be no unpermitted
discharge to waters of the state pursuant to the federal regulations for
concentrated animal feeding operations. If upon review of a medium farm
granted coverage under the general permit adopted pursuant to this subsection,
the secretary of agriculture, food and markets determines that the permit
applicant may be discharging to waters of the state, the secretary of agriculture,
food and markets and the secretary of natural resources shall respond to the
discharge in accordance with the memorandum of understanding regarding
concentrated animal feeding operations under subsection 4810(b) of this title.
(2) The owner or operator of a small farm may seek coverage under the
medium farm general permit adopted pursuant to this section by certifying to
the secretary, in a manner specified by the secretary, that the small farm
complies with the requirements and conditions of the medium farm general
permit.
(d) Medium and small farms; individual permit. Upon determination by
the secretary that a medium or small farm may be a significant contributor of
pollutants to the waters of the state, the secretary may require the farm to
obtain an individual permit in order to continue in operation The secretary
may require the owner or operator of a small or medium farm to obtain an
individual permit to operate after review of the farm’s history of compliance,
application of accepted agricultural practices, the use of an experimental or
alternative technology or method to meet a state performance standard, or
other factors set forth by rule. The owner or operator of a small farm may
apply to the secretary for an individual permit to operate under this section. To
receive such a an individual permit, an applicant shall in a manner prescribed
by rule demonstrate that the farm has an adequately sized and designed manure
management system to accommodate the wastes generated and a nutrient
management plan to dispose of wastes in accordance with accepted agricultural
practices adopted under this chapter, including setback requirements for waste
application. An individual permit shall be valid for no more than five years.
Any application for an individual permit filed under this subsection shall be
kept on file at the agency of agriculture, food and markets. The secretary of
agriculture, food and markets, in consultation with the agency of natural
resources, shall review any application for a permit under this subsection and,
prior to issuance of an individual permit under this subsection, shall issue a
written determination regarding whether the permit applicant has established
that there will be no unpermitted discharge to waters of the state pursuant to
federal regulations for concentrated animal feeding operations. If, upon review
SATURDAY, JUNE 4, 2005
1349
of an application for a permit under this subsection, the secretary of
agriculture, food and markets determines that the permit applicant may be
discharging to waters of the state, the secretary of agriculture, food and
markets and the secretary of natural resources shall respond to the discharge in
accordance with the memorandum of understanding regarding concentrated
animal feeding operations under subsection 4810(b) of this title. The secretary
of natural resources may require a medium or small farm to obtain a permit
under section 1263 of Title 10 pursuant to federal regulations for concentrated
animal feeding operations. Coverage of a medium farm under a general permit
adopted pursuant to this section or an individual permit issued to a medium or
small farm under this section is rendered void by the issuance of a permit to a
farm under section 1263 of Title 10.
* * * Agency of Natural Resources * * *
Sec. 12. 10 V.S.A. § 1259(f) is amended to read:
(f) The provisions of subsections (c), (d), and (e) of this section shall not
regulate accepted agricultural or silvicultural practices, as such are defined by
the secretary of agriculture, food and markets and the commissioner of forests,
parks and recreation, respectively, after an opportunity for a public hearing;
nor shall these provisions regulate discharges from concentrated animal
feeding operations that require a permit under section 1263 of this title; nor
shall those provisions prohibit stormwater runoff or the discharge of
nonpolluting wastes, as defined by the board.
Sec. 13. 10 V.S.A. § 1263(g) is added to read:
(g) Notwithstanding any other provision of law, any person who owns or
operates a concentrated animal feeding operation that requires a permit under
the federal National Pollutant Discharge Elimination System permit
regulations shall submit an application to the secretary for a discharge permit
and pay the required fees specified in 3 V.S.A. § 2822. On or before July 1,
2007, the secretary of natural resources shall adopt rules implementing the
federal National Pollutant Discharge Elimination System permit regulations for
discharges from concentrated animal feeding operations.
Until such
regulations are adopted, the substantive permitting standards and criteria used
by the secretary to evaluate applications and issue or deny discharge permits
for concentrated animal feeding operations shall be those specified by federal
regulations. The secretary may issue an individual or general permit for these
types of discharges in accordance with the procedural requirements of
subsection (b) of this section and other state law. For the purposes of this
subsection, “concentrated animal feeding operation” means a farm that meets
the definition contained in the federal regulations.
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Sec. 14. 10 V.S.A. § 1264(e)(2) is amended to read:
(2) As one of the principal means of administering an enhanced
stormwater program, the secretary may issue and enforce general permits. To
the extent appropriate, such permits shall include the use of certifications of
compliance by licensed professional engineers practicing within the scope of
their engineering specialty. The secretary may issue general permits for
classes of regulated stormwater runoff permittees and may specify the period
of time for which the permit is valid other than that specified in subdivision
1263(d)(4) of this title when such is consistent with the provisions of this
section. General permits shall be adopted and administered in accordance with
the provisions of subsection 1263(b) of this title. No permit is required under
this section for:
(A) stormwater Stormwater runoff from farms subject to accepted
agricultural practices adopted by the secretary of agriculture, food and markets;
(B) Stormwater runoff from concentrated animal feeding operations
that require a permit under subsection 1263(g) of this chapter; or
(C) for stormwater Stormwater runoff from silvicultural activities
subject to accepted management practices adopted by the commissioner of
forests, parks and recreation.
Sec. 15. AGENCY OF AGRICULTURE WATER QUALITY OUTREACH,
EDUCATION, AND TRAINING
(a) Prior to February 2006, the agency of agriculture, food and markets
shall develop educational and training programs and conduct public hearings to
inform farmers in Vermont of the requirements of this act, the proposed
general permit for medium farm operations, and the federal regulations for
concentrated animal feeding operations. In developing the education programs
required by this section, the agency may utilize various types of media, group
meetings, on-farm demonstrations, and one-on-one farm visits.
(b) The agency of agriculture, food and markets, in consultation with the
agency of natural resources, shall coordinate the training of staff from the
natural resources conservation districts, the University of Vermont extension
service, the Natural Resources Conservation Service, and other persons and
organizations regarding the requirements of the state animal waste permit
program and what may constitute a discharge from a concentrated animal
feeding operation.
SATURDAY, JUNE 4, 2005
1351
Sec. 16. ANNUAL REPORT
(a) On January 1 of each year, the agency of natural resources shall submit
an annual report to the house and senate committees on agriculture, the house
committee on fish, wildlife and water resources, and the senate committee on
natural resources and energy regarding implementation by the agency of a
National Pollutant Discharge Elimination System (NPDES) permit program for
farms subject to the federal Clean Water Act regulations for concentrated
animal feeding operations (CAFOs). The report shall include:
(1) a summary of the status of the federal regulations;
(2) a summary of the litigation challenging the federal regulations;
(3) a summary of any revised rulemaking by the U.S. Environmental
Protection Agency;
(4) a recommendation by the agency of natural resources regarding the
rules regulating discharges from concentrated animal feeding operations;
(5) a copy of the memorandum of understanding for concentrated
animal feeding operations required by section 4810 of Title 6 and a
recommendation by the agency of natural resources regarding any need to
amend the memorandum of understanding;
(6) an assessment of the impact on surface water quality of the
implementation of agricultural water quality programs in the state; and
(7) a summary of the impact on small farms of the implementation of
the NPDES permit program, including the number of small farms required to
obtain an NPDES permit.
(b) On January 1 of each year, the agency of agriculture, food and markets
shall submit an annual report to the house and senate committees on
agriculture, the house committee on fish, wildlife and water resources, and the
senate committee on natural resources and energy concerning the status of the
state animal waste permit program. The report shall include:
(1) an assessment of the adequacy of agricultural waste storage and land
application of manure on farms in Vermont;
(2) an assessment of the extent of the financial and technical resources
required to implement successfully the state agricultural water quality
program, including the number of nutrient management plans required, the
number of waste storage facilities that require upgrading, and an estimate of
the appropriations necessary to fund state assistance programs;
(3) the status of rulemaking for the medium farm general permit;
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(4) the status of any pending or proposed rulemaking for large farms or
accepted agricultural practices;
(5) a summary of the year-to-date funding of the nutrient management
planning by the agency of agriculture, food and markets;
(6) a summary of agency efforts to develop educational programs and
conduct public hearings to inform farmers in Vermont of the requirements of
this act, the proposed general permit for medium farm operations, and the
status of the federal regulations for concentrated animal feeding operations;
(7) an assessment of the impact of the state agricultural water quality
program on small farms in Vermont, including the number of small farms
voluntarily entering the program and the number of small farms required to
obtain a state animal waste permit;
(8) a summary of the financial and technical assistance provided to
farms, including the type and amount of assistance awarded according to farm
size; and
(9) an assessment of the impact on the groundwater of the state of the
implementation of the state agricultural water quality program.
Sec. 17. SUNSET
Sec. 16 of this act (annual report) shall be repealed on January 2, 2010.
Sec. 18. EFFECTIVE DATE
This act shall take effect on passage.
SARA BRANON KITTELL
VIRGINIA V. LYONS
ROBERT A. STARR
Committee on the part of the Senate
DAVID DEEN
MITZI JOHNSON
HARVEY SMITH
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Mazza, the rules were suspended, and the
bill was ordered messaged to the Governor forthwith.
SATURDAY, JUNE 4, 2005
1353
Rules Suspended; House Proposal of Amendment Concurred In
J.R.S. 36.
Appearing on the Calendar for notice, on motion of Senator Mazza, the
rules were suspended and House proposal of amendment to joint Senate
resolution entitled:
Joint resolution relative to federal policy concerning MTBE.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the resolution by striking out all
after the title and inserting in lieu thereof the following:
Whereas, methyl tertiary butyl ether (MTBE) is a chemical additive that
since 1979 has been used as an octane booster in crude oil based motor vehicle
fuel, and
Whereas, Public Law 101-549 (the Clean Air Amendments of 1990)
established a fuel oxygen standard that resulted in more significant use of
MTBE as a motor vehicle fuel oxygenate, and
Whereas, because this chemical is extremely soluble in water, when MTBE
leaks from storage tanks, it does not bind readily to soil and therefore can
contaminate either groundwater or drinking water at a rapid pace, and
Whereas, the U.S. Congress has determined that use of MTBE as an
oxygenate for air quality purposes should be terminated by a date certain, and
Whereas, nevertheless, Congress has failed to set a timely, or even a firm,
termination date, but rather has provided in Sec. 1504 of the House-passed
version of H.R. 6, the National Energy Policy Act of 2005, that national use of
MTBE can continue potentially until December 31, 2014, and
Whereas, although section 1504 of H.R.6 does not restrict a state from
limiting or prohibiting the use of MTBE in motor fuels within its geographic
boundaries, the use of MTBE in states that do not adopt their own bans is
allowed until 2014 and that is unacceptable, and
Whereas, section 1502 of H.R.6 creates a fuels safe harbor provision under
which MTBE or fuel containing MTBE is not a defective product for purposes
of a defective product claim unless it violates a control prohibition imposed by
the U.S. Environmental Protection Agency under Clean Air Act § 211, and
Whereas, the Congressional Budget Office anticipates that precluding
existing and future MTBE claims would reduce the size of judgments in favor
of state and local governments over the next five years, resulting in a cost shift
from MTBE producers and big oil companies to the states and local
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governments in the form of unfunded mandates which the taxpayers will
ultimately pay, and
Whereas, in 2003, 14 state attorneys general, including the Attorney
General of Vermont, expressed their opposition to the enactment of a safe
harbor provision relative to MTBE, such as in section 1502 of H.R.6, and
Whereas, increased reliance on ethanol as a motor fuel replacement for
increasingly expensive crude oil and its dangerous MTBE additive has gained
new supporters and
Whereas, this new support is based on ethanol’s declining price, the
availability of storage facilities capable of handling ethanol, and the impact
ethanol could have on reducing the threat to ground water quality even if
serving as a blend with traditional crude oil, and
Whereas, despite these factors, ethanol is still not a major component of
motor vehicle fuel sold in the United States, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges Congress to reject both sections 1502 and
1504 of H.R.6 as currently proposed, and to examine closely the potential for
the use of ethanol as an alternative to either MTBE or crude oil, and be it
further
Resolved: That the Secretary of State be directed to send a copy of this
resolution to the members of the Vermont Congressional delegation.
Thereupon, the question, Shall the Senate concur in the House proposal of
amendment?, was decided in the affirmative.
Recess
On motion of Senator Campbell the Senate recessed until the fall of the
gavel.
Called to Order
At 1:55 P.M. the Senate was called to order by the President.
Message from the House No. 87
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House:
Pursuant to the request of the Senate for a Committee of Conference upon
the disagreeing votes of the two Houses on Senate bill of the following title:
SATURDAY, JUNE 4, 2005
1355
S. 56. An act relating to restructuring the Agency of Natural Resources.
The Speaker has appointed as members of such committee on the part of the
House
Rep. Masland of Thetford
Rep. Krawczyk of Bennington
Rep. McCullough of Williston
Message from the House No. 88
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered Senate
proposal of amendment to House bill of the following title:
H. 545. An act authorizing to Vermont Yankee to go before the public
service board to seek permission for dry cask storage.
And has concurred therein.
The House has considered the reports of the Committees of Conference
upon the disagreeing votes of the two Houses on House bills of the following
titles:
H. 163. An act relating to criminal abuse, neglect, and exploitation of
vulnerable adults.
H. 523. An act relating to the state’s transportation program.
And has adopted the same on its part.
The House has considered the reports of the Committees of Conference
upon the disagreeing votes of the two Houses on Senate bills of the following
titles:
S. 15. An act relating to voyeurism.
S. 56. An act relating to restructuring the Agency of Natural Resources.
And has adopted the same on its part.
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Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 130.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to executive branch fees.
Was taken up for immediate consideration.
Senator Cummings, for the Committee of Conference, submitted the
following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 130. An act relating to executive branch fees.
Respectfully reports that it has met and considered the same and
recommends that the House accede to the Senate’s first and second proposals
of amendment, and that the Senate recede from its third proposal of
amendment, and that the bill be further amended as follows:
First: By adding eleven new sections to be numbered Secs. 18 - 28 to read
as follows:
Sec. 18. 20 V.S.A. § 1815 is amended to read:
§ 1815.
AVAILABILITY
PHOTOSTATIC COPIES
OF
PHOTOGRAPHIC
PRINTS
OR
(a) Photographic prints taken by the department of public safety or
photostatic copies of investigation reports or other material on file relating to
motor vehicle accidents or fires, may be furnished to any interested person.
(1) Photographic prints related to accidents or fire investigations shall be
$5.00 $8.00 per print, and discs shall be $20.00 per disc.
(2) The commissioner of public safety is authorized to collect fees
sufficient to recover the costs associated with the processing of photographic
films for criminal justice agencies. Such costs include the cost of materials,
labor and machine time related to the processing of films by the department.
(3) Copies of fire investigation reports shall be $15.00 $20.00 per report.
If the reports contain audiotape or videotape, the fee for each audiotape or
videotape shall be $15.00 $20.00.
SATURDAY, JUNE 4, 2005
1357
(4) Investigation reports unrelated to fires or motor vehicle accidents
may be furnished at the discretion of the commissioner when in his or her
opinion the release of such material would not be detrimental to the best
interests of the department. The fee for such reports shall be $15.00 $20.00. If
the reports contain audiotape or videotape, the fee for each audiotape or
videotape shall be $15.00 $20.00.
(5) Officers' reports of motor vehicle accidents which do not require a
report to the commissioner of motor vehicles pursuant to 23 V.S.A. § 1129
may be sold for $10.00 $20.00 per report.
(b) Fees collected under this section shall be credited to the sale of photos
and reports special fund and shall be available to the department to offset the
cost of providing the services.
(c) If a photostatic report furnished under this section exceeds 20 pages, the
additional pages shall cost $0.05 per page and $0.33 per minute for staff time
in excess of 30 minutes.
* * * Agency of Agriculture, Food and Markets * * *
Sec. 19. 6 V.S.A. § 324(b) is amended to read:
(b) No person shall distribute in this state a commercial feed which that has
not been registered pursuant to the provisions of this chapter. Application
shall be in a form and manner to be prescribed by rule of the secretary. The
application for registration of a commercial feed shall be accompanied by a
registration fee of $50.00 $70.00 per product. The registration fees, along with
any surcharges collected under subsection (c) of this section, shall be deposited
in the special fund created by subsection 364(e) of this title. Funds deposited
in this account shall be restricted to implementing and administering the
provisions of this chapter title and any other provisions of the law relating to
fertilizer, lime, or seeds. If the secretary so requests, the application for
registration shall be accompanied by a label or other printed matter describing
the product.
Sec. 20. 6 V.S.A. § 364(e) is amended to read:
(e) The registration and tonnage fees, along with any deficiency penalties
collected pursuant to sections 331 and 372 of this title, shall be deposited in a
special fund. Funds deposited in this fund shall be restricted to implementing
and administering the provisions of this chapter title and any other provisions
of law relating to feeds and seeds.
Sec. 21. 6 V.S.A. § 918(b) is amended to read:
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(b) The registrant shall pay an annual fee of $75.00 $92.00 for each product
registered which, and that amount shall be deposited in the special fund created
in section 929 of this title, of which $5.00 from each product registration shall
be used for an educational program related to the proper purchase, application,
and disposal of household pesticides, and $5.00 from each product registration
shall be used to collect and dispose of obsolete and unwanted pesticides. The
annual registration year shall be from December 1 to November 30 of the
following year.
Sec. 22. 6 V.S.A. § 929(a) is amended to read:
(a) There is hereby created a special pesticide monitoring revolving fund.
Monies collected pursuant to section subsection 918(b) of this title shall be
deposited in the fund. The secretary may use monies deposited in the fund for
the following purposes:
(1) for For the purpose of monitoring pesticides, conducting pesticide
educational activities, researching alternatives to the use of pesticides for pest
control, and implementing pesticide reduction strategies pursuant to the
provisions of 6 V.S.A. § 1110;.
(2) to To pay salaries of full and part-time employees involved in
monitoring pesticides;.
(3) to To purchase necessary pesticide monitoring and analytical
equipment;.
(4) to To defray the cost of necessary operating expenses;.
***
(7) To implement and administer the provisions of this title and any
other provisions of law relating to pesticides.
* * * Victim Compensation Fund * * *
Sec. 23. 13 V.S.A. § 7282(a) is amended to read:
(a) In addition to any penalty or fine imposed by the court or judicial
bureau for a criminal offense or any civil penalty imposed for a traffic
violation, including any violation of a fish and wildlife statute or regulation,
violation of a motor vehicle statute, or violation of any local ordinance relating
to the operation of a motor vehicle, except violations relating to seat belts and
child restraints and ordinances relating to parking violations, the clerk of the
court or judicial bureau shall levy an additional fee of:
***
(6) For any offense committed after June 30, 2003:
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1359
(A) For any offense or violation committed after June 30, 2003, but
before July 1, 2005, $21.00, of which $13.75 shall be deposited into a special
fund account to be known as the victims’ compensation special fund, and
$2.25 shall be deposited into the criminal justice training council special fund
established in section 2363 of Title 20; and.
(7) For any offense or violation committed after June 30, 2005, $22.00,
of which $14.75 shall be deposited into the victims’ compensation special fund
and $2.25 shall be deposited into the criminal justice training council special
fund established in section 2363 of Title 20.
(B)(8) For any offense or violation committed after June 30, 2003, an
amount equal to 15 percent of the fine imposed for the offense, rounded
upward to the nearest whole dollar, which shall be deposited into the crime
victims’ restitution special fund established by section 5363 of this title.
* * * Department of Environmental Conservation * * *
Sec. 24. LEGISLATIVE INTENT
It is the intent of the general assembly that aquatic nuisance control stickers
issued by the secretary of natural resources in accordance with this act be
marketed as a voluntary program for those who wish to increase public
awareness of the state’s interest in controlling aquatic nuisances, and that the
stickers not be in any way sold as, or implied to be, required or mandatory.
Sec. 25. 10 V.S.A. § 924 is added to read:
§ 924.
AQUATIC NUISANCE CONTROL STICKER PROGRAM;
AQUATIC NUISANCE CONTROL SPECIAL FUND CREATION
(a) The department of environmental conservation may develop an aquatic
nuisance control sticker for voluntary mounting on motorboats, personal
watercraft, paddlecraft, or other vehicles or areas of display. The department,
as part of any program developed under this section, shall select a graphic
design or designs for the sticker that will enhance the public awareness of the
state’s interest in controlling aquatic nuisance species.
(b) The commissioner of environmental conservation shall have the
authority to sell and distribute the stickers. The charge for an individual
aquatic nuisance control sticker sold by any person shall be $10.00. The
department is authorized to sell stickers at a cost of $9.00 per sticker if sold for
resale. The department of environmental conservation shall use monies
collected under this section and any gifts, grants, or contributions received by
the department for the purpose of aquatic nuisance control to implement the
programs authorized by this section and sections 921, 922, and 923 of this title.
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(c) The aquatic nuisance control special fund is established in the state
treasury pursuant to subchapter 5 of chapter 7 of Title 32. The fund shall be
administered by the department of environmental conservation to implement
programs authorized by this section and sections 921, 922, and 923 of this title.
The fund shall consist of gifts, donations, fees collected by the department for
aquatic nuisance stickers, and appropriations by the general assembly.
Sec. 26. REPORT TO THE GENERAL ASSEMBLY
The department of environmental conservation shall provide an accounting
of the revenue raised by the aquatic nuisance sticker program established under
10 V.S.A. § 924 every three years at the time the agency of natural resources is
required to report all fees to the general assembly pursuant to 32 V.S.A. § 605.
* * * Executive Branch Fee Study * * *
Sec. 27. EXECUTIVE BRANCH FEE STUDY
The department of finance and management, in consultation with the
legislative council and the joint fiscal office, shall study the process under
which executive branch agencies of the state submit proposed fees to the
General Assembly for review as required under 32 V.S.A. § 605 and shall
recommend whether this process should be amended to more accurately
specify the justification for a proposed fee. The study shall review and
evaluate agency compliance with the requirements of 32 V.S.A. § 605 to
describe the services or product provided for the fee and the regulatory
function performed. The study shall include a specific emphasis on whether
agencies sufficiently justify the proposed fee or proposed change in fee and
reasonably relate the fee or change in the fee to the cost to the agency of the
service provided. The study shall also include an evaluation of whether
additional justification provided by agencies for a proposed fee, such as a
comparison to similar governmental or non-governmental charges in Vermont
or in other states, is necessary and should be included in submission of
proposed fees to the General Assembly. For purposes of this study, the “cost
to the agency” may include reasonable and directly related costs of
administration, maintenance, and other expenses incurred in providing a
service or product or performing a regulatory function. The recommendations
of the department shall include proposed legislation. The study and the
recommendations shall be reported to the house committee on ways and means
and the senate committee on finance by January 15, 2006.
* * * Effective Dates * * *
Sec. 28. EFFECTIVE DATE
This act shall take effect on July 1, 2005, except that:
SATURDAY, JUNE 4, 2005
1361
(1) Sec. 3d shall take effect on July 1, 2006.
(2) 10 V.S.A. § 4132(e) in Sec. 10 shall take effect on January 1, 2006.
ANN E. CUMMINGS
CLAIRE D. AYER
Committee on the part of the Senate
MARY PETERSON
CAROLYN W. BRANAGAN
JOHANNAH DONOVAN
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 521.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to miscellaneous tax amendments.
Was taken up for immediate consideration.
Senator Cummings, for the Committee of Conference, submitted the
following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 521. An act relating to miscellaneous tax amendments.
Respectfully reports that it has met and considered the same and
recommends that the House accede to the Senate’s second, third, fourth, sixth,
seventh and eighth proposals of amendment; and that the Senate recede from
its first, fifth, and ninth proposals of amendment and that the bill be further
amended as follows:
First: By striking out Sec. 2 and subsection 11(c), and inserting in lieu
thereof new Secs. 2, 2a, and 2b and subsection 11(c) to read:
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Sec. 2. 32 V.S.A. § 9741(38) is amended to read:
Retail sales and use of the following shall be exempt from the tax on retail
sales imposed under section 9771 of this title and the use tax imposed under
section 9773 of this title.
***
(38) Tax on the purchase sale or use of a tracked vehicle shall not
exceed $900.00 $1,100.00.
Sec. 2a. STUDY ON TRACKED VEHICLE SALES TAX CAP
The commissioner of taxes shall study the advisability of indexing the
tracked vehicle sales and use tax cap for inflation, and shall report his
recommendation to the House Committee on Ways and Means and Senate
Committee on Finance by January 15, 2006.
Sec. 2b. 32 V.S.A. § 9741(38) is amended to read:
(38) Tax on the sale or use of a tracked vehicle shall not exceed
$1,100.00 adjusted as follows: As of July 1 of each even-numbered year, the
commissioner shall adjust the most recent unrounded cap amount by the
cumulative inflation index for the prior two calendar years under the Consumer
Price Index for Urban Consumer All Items, and round that amount to the
nearest ten dollars, and shall publish this rounded amount as the new cap.
Sec. 11. EFFECTIVE DATES
(c) Sec. 2 of this act ($1,100.00 cap on sales tax for tracked vehicles) shall
apply to sales on and after July 1, 2005; Sec. 2a of this act (tracked vehicle tax
cap study) shall take effect upon passage; Sec. 2b of this act (inflation index
applied to tracked vehicle tax cap) shall take effect July 1, 2006 and the first
adjustment of the cap for inflation shall be July 1, 2006.
Second:
entirety.
By striking out Secs. 9 and 10 and subsection 11(j) in their
Third: By adding two new sections to be numbered Secs. 26 and 27 to read
as follows:
Sec. 26. 32 V.S.A. § 312 is added to read:
§ 312. TAX EXPENDITURE REPORT
(a) For purposes of this section, “tax expenditure” shall mean the actual or
estimated loss in tax revenue resulting from any exemption, exclusion,
deduction, or credit applicable to the tax.
(b) Tax expenditure reports. Biennially, as part of the budget process,
beginning January 15, 2009, the department of taxes shall file with the House
SATURDAY, JUNE 4, 2005
1363
Committees on Ways and Means and Appropriations and the Senate
Committees on Finance and Appropriations a report on tax expenditures in the
personal and corporate income, sales and use, and meals and rooms tax returns,
and education property tax grand lists and such other tax expenditures for
which the joint fiscal office and the tax department jointly have produced
revenue estimates. The report shall include, for each tax expenditure, the
following information:
(1) A description of the tax expenditure.
(2) The most recent fiscal information available on the direct cost of the
tax expenditure in the past two years.
(3) The date of enactment of the expenditure.
(4) A description of and estimate of the number of taxpayers directly
benefiting from the expenditure provision.
Sec. 27. TRANSITION REPORTS
(a) The department of taxes shall file with the House Committees on Ways
and Means and Appropriations, and with the Senate Committees on Finance
and Appropriations reports on the following:
(1) By January 15, 2006, tax expenditures reported under the personal
and corporate income tax with the information required by 32 V.S.A. § 312 for
the most recent fiscal year available and such other tax expenditures for which
the joint fiscal office and the tax department jointly have produced revenue
estimates.
(2) By January 15, 2007, tax expenditures reported under the personal
and corporate income tax and sales and use tax, with the information required
by 32 V.S.A. § 312 for the most recent fiscal year available and such other tax
expenditures for which the joint fiscal office and the tax department jointly
have produced revenue estimates.
(3) By January 15, 2008, tax expenditures reported under the personal
and corporate income tax, sales and use tax, meals and rooms tax, and
education property tax, with the information required by 32 V.S.A. § 312 for
the most recent fiscal year available and such other tax expenditures for which
the joint fiscal office and the tax department jointly have produced revenue
estimates.
(b) For each of the joint fiscal committee’s September 2005, 2006 and
2007 meetings, the joint fiscal office and the tax department shall file a joint
report identifying specific tax expenditures or categories of expenditures in
addition to those reported to the tax department for which revenue estimates
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shall be included in the next report or subsequent reports filed with the
legislative committees.
ANN E. CUMMINGS
HULL P. MAYNARD, JR.
Committee on the part of the Senate
DAVID ALLAIRE
ROBERT RUSTEN
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 516.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act making appropriations for the support of government.
Was taken up for immediate consideration.
Senator Bartlett, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 516. An act making appropriations for the support of government.
Respectfully reports that it has met and considered the same and
recommends that the bill be amended 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.
SATURDAY, JUNE 4, 2005
1365
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 singleyear 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.
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.
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(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 are directed to
jointly 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 develop a preliminary plan of
implementation of the comprehensive strategy in subsection (a), including
proposed, phased time lines for the implementation, by January 1, 2006. The
comprehensive strategy shall be 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
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 the 11 existing
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
SATURDAY, JUNE 4, 2005
1367
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 $300,000 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
current telephone system to a voice-over internet protocol (VOIP) based
system. The report shall include the estimated cost of such a conversion, the
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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 general
assembly 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
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1369
Sec. 12. Human resources - HR workforce planning & employment services
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Special funds
Total
841,435
301,357
1,142,792
708,084
199,708
235,000
1,142,792
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
11,477,404
2,684,071
14,161,475
13,167,874
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Transportation fund
Tobacco fund
Special funds
Interdepartmental transfer
Total
213,601
58,000
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
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
1,177,513
370,000
4,842,206
42,914
4,799,292
4,842,206
Sec. 20. Buildings and general services - purchasing
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
704,895
169,370
874,265
656,618
217,647
874,265
SATURDAY, JUNE 4, 2005
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
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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
10,385,701
9,960,599
20,346,300
SATURDAY, JUNE 4, 2005
Source of funds
Internal service funds
1373
20,346,300
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges
not to exceed $20,346,300, 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.
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JOURNAL OF THE SENATE
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
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, who shall chair this commission;
(7) two members of the Vermont national education association,
appointed by the association;
SATURDAY, JUNE 4, 2005
1375
(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.
(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
157,439
40,128
197,567
187,100
4,597
5,870
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JOURNAL OF THE SENATE
Total
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
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
118,723
17,649
136,372
SATURDAY, JUNE 4, 2005
Source of funds
General fund
Transportation fund
Total
1377
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
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
438,870
62,909
501,779
461,044
40,735
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JOURNAL OF THE SENATE
Total
501,779
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. 48a. REPEAL
(a) Sec. 4 of No. 119 of the Acts of 2000 is repealed. No further report on
the basic needs budget calculation pursuant to this section shall be required.
However, the report shall be updated as needed on or before January 1 of the
interim year, 2006, to reflect any significant economic, policy, or statutory
changes that substantially affect the information in the report issued the
previous January 15.
Sec. 49. Lottery commission
Personal services
Operating expenses
Total
Source of funds
Enterprise funds
1,279,592
1,057,167
2,336,759
2,336,759
(a) The lottery commission shall not reduce funding for the responsible
gambling program.
(b) The lottery commission shall transfer $130,000 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
SATURDAY, JUNE 4, 2005
1379
(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
Sec. 53. Total general government
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
40,000
40,000
125,912,602
39,130,842
10,040,473
5,148,680
58,000
2,835,018
2,470,807
40,039,703
22,818,733
879,236
2,491,110
125,912,602
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
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JOURNAL OF THE SENATE
(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
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
SATURDAY, JUNE 4, 2005
1381
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, one
representative from the department of labor, the state archivist, 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. In addition, these entities shall study the costs and
benefits of document destruction.
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.
(d)
Legislative members shall be entitled to compensation and
reimbursement as provided in section 406 of Title 2.
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JOURNAL OF THE SENATE
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
(a) The center shall explore credit card use to facilitate restitution payments
from offenders.
Sec. 57. State's attorneys
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
7,807,300
1,203,460
45,000
9,055,760
6,856,903
369,310
146,375
5,000
SATURDAY, JUNE 4, 2005
Interdepartmental transfer
Total
1383
1,678,172
9,055,760
Sec. 58. Sheriffs
Personal services
Operating expenses
Total
Source of funds
General fund
Transportation fund
Total
2,752,546
307,269
3,059,815
2,489,576
570,239
3,059,815
(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
5,681,340
636,231
6,317,571
5,200,918
495,230
502,502
118,921
6,317,571
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
450,746
152,035
200,000
802,781
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JOURNAL OF THE SENATE
General fund
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.
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
SATURDAY, JUNE 4, 2005
1385
(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
Total
Source of funds
General fund
Special funds
Federal funds
Total
3,149,401
719,650
75,000
3,944,051
836,000
1,968,559
1,139,492
3,944,051
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; THIRD CLASS
CABARET LICENSE; REFUND AUTHORITY
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(a) Upon request of a holder of a third class cabaret license, the department
of liquor control shall refund the fee paid for the third class cabaret license
prorated from the date of the request until the expiration of the 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
Source of funds
Enterprise funds
716,954
165,065
882,019
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. 72a. Sec. 12(a) of No. 108 of the Acts of 2004 is amended to read:
SATURDAY, JUNE 4, 2005
1387
(a) 26 V.S.A. § 1724 (formulary committee) shall be repealed in its entirety
on December 31, 2005 July 1, 2006. Any formulary in effect on this date shall
remain in effect unless or until a process for adopting a new formulary is
authorized by law.
Sec. 72b. REPEAL
26 V.S.A. § 1728b (disclosure of information by optometrist) is repealed.
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
Sec. 75.
captive
3,017,341
530,135
3,547,476
3,547,476
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
519,436
130,100
649,536
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JOURNAL OF THE SENATE
Special funds
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
Sec. 77a.
3,609,269
358,002
3,967,271
469,832
3,397,439
100,000
3,967,271
18 V.S.A. § 9405a is amended to read:
§ 9405a. COMMUNITY NEEDS ASSESSMENT AND STRATEGIC
PLANNING
On or before January 1, 2005, each hospital shall conduct a four-year
community needs assessment. The assessment shall identify and prioritize the
health care needs of the service area or patient population for which a hospital
provides services, and engage the public in the hospital’s strategic planning
process. It shall be accomplished in collaboration with community members,
including other health care professionals in the community, local government
officials, community organizations, and local businesses. The process for
assessing the community’s health care needs shall include at least one public
meeting held solely for soliciting public comment, notice for which shall be
provided pursuant to section 174 of Title 1. The needs assessment shall be
prepared in a uniform format approved by the commissioner and shall be
summarized in the hospital’s community report. In addition, each hospital
shall develop a mechanism for receiving ongoing public comment, including
an annual public meeting, regarding the community needs assessment and for
revising it biannually so that the assessment will continue to project a four-year
vision. Subsequent community needs assessments shall be conducted every
four years thereafter, beginning March 1, 2009.
SATURDAY, JUNE 4, 2005
1389
Sec. 77b. 18 V.S.A. § 9405b(b) is amended to read:
(b) On or before January 1, 2005, and annually thereafter beginning on
June 1, 2006, the board of directors or other governing body of each hospital
licensed under chapter 43 of this title shall publish on its website, making
paper copies available upon request, its community report in a uniform format
approved by the commissioner, and in accordance with the standards and
procedures adopted by rule under this section, and shall hold one or more
public hearings to permit community members to comment on the report.
Notice of meetings shall be by publication, consistent with section 174 of
Title 1. Hospitals located outside this state which serve a significant number
of Vermont residents, as determined by the commissioner, shall be invited to
participate in the community report process established by this subsection.
Sec. 77c. 18 V.S.A. § 9432(7) is amended to read:
(7) “Health care facility” means all persons or institutions, including
mobile facilities, whether public or private, proprietary or not for profit, which
offer diagnosis, treatment, inpatient, or ambulatory care to two or more
unrelated persons, and the buildings in which those services are offered. The
term shall not apply to any institution operated by religious groups relying
solely on spiritual means through prayer for healing, but shall include but is
not limited to:
***
Sec. 77d. 18 V.S.A. § 9435(c) is amended to read:
(c) The provisions of subsection (a) of this section shall not apply to offices
owned or, operated, or leased by a hospital or its subsidiary, parent, or holding
company, outpatient diagnostic or therapy programs, kidney disease treatment
centers, independent diagnostic laboratories, cardiac catheterization
laboratories, radiation therapy facilities, ambulatory surgical centers, and
diagnostic imaging facilities and similar facilities owned or operated by a
physician, dentist, or other practitioner of the healing arts.
Sec. 77e. 18 V.S.A. § 9440 is amended to read:
§ 9440. PROCEDURES
***
(c) The application process shall be as follows:
***
(3) The commissioner shall review each letter of intent and, if the letter
contains the information required for letters of intent as established by the
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JOURNAL OF THE SENATE
commissioner by rule, within 30 days, determine whether the project described
in the letter will require a certificate of need. If the commissioner determines
that a certificate of need is required for a proposed expenditure or action, an
application for a certificate of need shall be filed before development of the
project begins.
(4) Within 15 days or, in the case of review cycle applications under
section 9439 of this title, within 30 days of receipt of an application, the
commissioner shall notify the applicant that the application contains all
necessary information required and is complete, or that additional information
is required.
***
Sec. 77f. 18 V.S.A. § 9456(c) is amended to read:
(c) Individual hospital budgets established under this section shall:
***
(5) include a finding that the analysis provided in subdivision (b)(10)
(b)(9) of this section is a reasonable methodology for reflecting a reduction in
net revenues for non-Medicaid payers.
Sec. 77g.
SUSPENSION OF CERTIFICATE OF NEED “GAP”
JURISDICTION
(a) The requirements of subsection 9434(d) of Title 18 are suspended
through June 30, 2007. As part of their annual budget reviews, hospitals shall
report any projects that otherwise would have required a letter of intent to the
commissioner of banking, insurance, securities, and health care administration
under subsection 9434(d).
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
(a) Notwithstanding any provision of law to the contrary, the commissioner
of BISHCA is authorized to take immediate action to remedy air quality
problems that have resulted in chemical toxicity to one or more department
employees; the commissioner may in his or her discretion authorize
telecommuting or off-site work locations for employees who have documented
medical problems which have been, or may be, related to workspace air quality
SATURDAY, JUNE 4, 2005
1391
that has resulted in chemical toxicity; and the commissioner may use funds
appropriated to the department of buildings and general services to implement
any necessary improvements, as approved by the secretary of administration.
Sec. 79. Public safety - administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
1,502,205
27,548
48,000
1,577,753
1,577,753
(a) The department of public safety shall provide business manager
services for the Vermont criminal justice training council.
(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 and shall report to the general assembly on the status
of the transition during the 2006 legislative session.
In addition, the
commissioner of buildings and general services and the commissioner of
public safety shall submit a plan for the design and construction, including
funding requirements of a new forensics laboratory, to the general assembly by
January 15, 2006.
(e) Of the above appropriation, $26,000 shall be used for a grant to the
Essex County sheriff department.
(f) In order to achieve better coordination of all law enforcement resources
in the state, 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:
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(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,
including a review of 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 budget submission to the
general assembly in January 2006.
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
36,221,326
6,337,277
1,759,547
44,318,150
17,388,274
18,555,988
3,369,661
4,458,538
545,689
44,318,150
(a) The above appropriation for personal services provides funding for 316
state troopers, including 10 “corridor” troopers. Three additional troopers are
funded in the homeland security section for a total of 319, the same number as
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1393
in fiscal year 2005. The above appropriation for operating expenses includes
$1,042,000 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 be utilized for this purpose, including the methamphetamine grant, and
shall redirect available state resources to maintain the activities of the task
force.
Sec. 81a. 24 V.S.A. §1939(a) is amended to read:
(a) A law enforcement advisory board is created within the department of
public safety to advise the commissioner of public safety, the governor, and the
general assembly on issues involving the cooperation and coordination of all
agencies which exercise law enforcement responsibilities. The board shall
review any matter which affects more than one law enforcement agency. The
board shall comprise the following members:
(1) the commissioner of the department of public safety;
***
(11) the executive director of the Vermont criminal justice training
council; and
(12) the defender general or his or her designee; and
(13) one employee-representative of the Vermont state police, appointed
by the director of the Vermont state employees’ association.
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Sec. 82. Public safety - criminal justice services
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
4,933,618
3,585,669
3,969,200
12,488,487
280,000
4,100,407
1,256,685
6,272,395
579,000
12,488,487
(a) Of the above general fund appropriation, $30,000 plus available
matching funds shall be used to address the DNA processing associated with
S.15 of the 2005 legislative session. This includes hiring additional staff at the
Vermont crime lab.
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.
SATURDAY, JUNE 4, 2005
1395
(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 or
EPZ entity defined by the state as required to support the RERP shall develop
the budget 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 or EPZ entity 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
3,356,644
1,099,628
4,456,272
582,688
80,964
3,481,236
92,384
219,000
4,456,272
(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.
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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
342,004
1,675,868
1,409,035
117,216
91,004
58,613
1,675,868
Sec. 87. Agriculture, food and markets - food safety and consumer protection
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
2,360,887
281,572
2,901,492
5,543,951
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
3,003,076
554,576
616,000
4,173,652
SATURDAY, JUNE 4, 2005
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
1397
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
Grants
Total
Source of funds
Special funds
Federal funds
Interdepartmental transfer
Total
4,464,769
631,466
800,000
5,896,235
4,713,435
1,157,800
25,000
5,896,235
(a) As part of its report on the use of the clean energy development fund as
required by section 3 of H.545 of 2005, the department of public service shall
consider efforts to support development and increased use of cogeneration and
biomass technologies including the possible dedication of at least $250,000
annually for this purpose.
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
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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
(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 court administrator shall develop a preliminary plan of
implementation of a comprehensive strategy for the management of all public
records of all courts, including proposed, phased time lines for the
implementation, by January 1, 2006. The management strategy will be based
on actual retrieval histories and applicable statutory mandates.
SATURDAY, JUNE 4, 2005
1399
(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. § 5540a is amended to read
§ 5540a. JURISDICTION OVER SMALL CLAIMS; ASSISTANT JUDGES;
ADDISON, BENNINGTON, CHITTENDEN, FRANKLIN, GRAND ISLE,
LAMOILLE, ORANGE, ORLEANS, WASHINGTON, WINDHAM AND
WINDSOR COUNTIES
***
(e) This section shall be repealed effective on July 1, 2005 2008.
Sec. 96b. 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
Total
Source of funds
General fund
Federal funds
Total
353,523
84,182
437,705
278,014
159,691
437,705
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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, with the advice and consent of
the senate, 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 219,880,467
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Enterprise funds
Interdepartmental transfer
Total
78,248,797
28,038,314
51,738,826
619,768
50,101,089
3,908,080
7,225,593
219,880,467
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
7,633,936
12,625,242
4,507,196
1,375,845
5,742,201
1,000,000
12,625,242
(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
shall not be considered state employees, except for purposes of 21 V.S.A.
chapter 17.
SATURDAY, JUNE 4, 2005
1401
(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 $4,004,547 consisting of
$1,838,720 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 $619,677 is from general funds
and $141,682 is tobacco funds, shall be used to support the outpatient
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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 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 $345,000, of which $95,000 is from general funds
and $250,000 is from tobacco funds, shall be used for recovery centers as
follows:
(A) $240,000 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 $40,000, per fiscal year to each center;
(B) $25,000 to the recovery center in White River Junction;
(C) $80,000 to the department of health for grants to two new
recovery centers and for development of and 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.
SATURDAY, JUNE 4, 2005
1403
(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.
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.
(m) The administration and the Vermont council of developmental and
mental health services have agreed that in state fiscal years 2007 and 2008, a
7.5 percent state funding increase will be recommended for the designated
agencies.
The agency of human services and Vermont council of
developmental and mental health services will work collaboratively with
consumers, families, and advocates to make a recommendation in each fiscal
year as to how this increase will be allocated.
(n) Of the above general fund appropriation, $30,000 plus available
matching federal funds shall be granted to Vermont legal aid for the purpose of
providing cost of living increases to staff.
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
278,443
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Operating expenses
Total
Source of funds
General fund
Federal funds
Interdepartmental transfer
Total
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
Special funds
Federal funds
Total
27,263,444
681,014
27,944,458
13,585,633
14,358,825
27,944,458
(a) The office 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.
(c) Of the above special fund appropriation, $1,500,000 is to be used for
increased administration expenses for actuarial needs required by the federal
government, increased cost associated with conversion of existing pharmacy to
wrap around services of the Medicare Part D benefit and for direct support of
the coverage and services management and for global clinical record systems.
These funds shall be matched with federal funds. The office may add at least
ten (10) new positions which shall be transferred and converted from vacant
positions in the executive branch of state government.
SATURDAY, JUNE 4, 2005
1405
(d) If the office of Vermont health access has insufficient funds to meet the
outreach efforts required by the plan developed under Sec. 316(c) of this act
regarding the implementation of Medicare part D, the office may seek
authorization from the emergency board to expend additional funds necessary
to ensure that the outreach plan provides meaningful and sufficient information
to Vermonters.
Sec. 104a. Office of Vermont health access – Medicaid program
Grants
Source of funds
Special funds
Federal funds
Total
589,599,773
243,284,425
346,315,348
589,599,773
(a) The office of Vermont health access shall implement the following
provisions relating to provider payments from the appropriations in this
section.
(1) The office of Vermont health access shall reduce base Medicaid
spending for hospital services by $16,500,000. In fiscal year 2006, the
reduction in spending may be accomplished through a reduction in hospital
reimbursement, an offset with payments from the hospitals made to the office
in anticipation of the final settlement of outpatient costs for prior years, or a
combination of both. The offset shall be the payment amount above the
anticipated settlement of $1,900,000, which the office has already included in
its fiscal year 2006 outpatient projection, but the offset shall not offset
spending reductions by more than $5,000,000. Payments by hospitals shall be
considered provisional and shall be adjusted as necessary based on final
outpatient cost settlements. In fiscal year 2006, Vermont hospitals shall be
allowed to increase charges to the extent necessary to offset the reduction in
reimbursement that results from this section.
(2) Home health agency fees shall be reduced by $500,000.
(3) Dentists’ fees shall be amended, and other strategies, including a
reduction to the cap on adult services, may be employed to reduce spending by
$243,309. To the extent possible, the reduction shall be targeted to health
services received by adults to minimize the impact on dental services for
children.
(4) The amount of $2,400,000 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.
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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.
(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
3,561,696
680,062
1,574,400
5,816,158
1,165,201
942,000
SATURDAY, JUNE 4, 2005
Federal funds
Interdepartmental transfer
Total
1407
3,321,732
387,225
5,816,158
Sec. 107. Health - health surveillance
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Permanent trust funds
Interdepartmental transfer
Total
7,258,188
1,900,115
2,461,560
11,619,863
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
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JOURNAL OF THE SENATE
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.
(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
9,362,086
18,872,536
3,545,034
733,502
3,481,423
11,105,577
7,000
18,872,536
(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
SATURDAY, JUNE 4, 2005
1409
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
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
2,391,227
836,119
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JOURNAL OF THE SENATE
Grants
Total
Source of funds
General fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
18,725,833
21,953,179
5,772,374
157,000
3,171,266
12,394,539
458,000
21,953,179
(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
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, $130,000 shall be used to
support the gambling addiction program, $90,000 of which will be used to
support the existing program. Prior to expending the additional $40,000 of this
allocation, the department shall develop a comprehensive gambling addiction
services plan that identifies the need for services, states the goals to be
SATURDAY, JUNE 4, 2005
1411
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 funds appropriated above and in Sec. 100 of this act, $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.
(e) Of the above general fund appropriation, $35,000 shall be used to
increase the daily rate to $20.00 for substance abuse halfway house services,
including the Grace House program.
(f) The office of alcohol and drug abuse programs shall report to the general
assembly by January 15, 2006 on the fiscal status of all residential substance
abuse programs supported by state appropriations. This report shall include the
types of services provided, the cost of providing these services, and the sources
of funds available at each of the respective residential programs.
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
(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
16,580,497
1,813,522
3,000
18,397,019
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JOURNAL OF THE SENATE
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
2,417,915
110,000
572,426
15,296,678
18,397,019
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 177 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. Before ordering the examination to take place at the state
hospital, the court must determine that the state hospital is the least restrictive
setting in which the examination may appropriately be conducted The court
shall not order an inpatient examination unless the designated mental health
professional determines that the defendant is a person in need of treatment as
defined in 18 V.S.A. § 7101(17).
(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, based on the most clinically appropriate determination, may
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
the defendant's residence or such other appropriate place within the state of
SATURDAY, JUNE 4, 2005
1413
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. 113c. SUNSET
(a) The amendments in Secs. 113a and 113b shall terminate on July 1, 2006
and 13 V.S.A. § 4815(b) and (g) shall revert to the prior statutory text.
Sec. 113d. STUDY COMMITTEE
(a) The commissioner of health shall convene a work group to address
issues relating to forensic mental health patients and defendants. The work
group shall consist of the commissioner or designee, the defender general or
designee, the court administrator or designee, a representative from the mental
health law project of Vermont legal aid, the department of sheriffs and states
attorneys, the Vermont association of hospitals and health systems, a
representative of the Vermont Council on Developmental and Mental Health
Services, the Vermont state employees’ association, and a designee of
Vermont Psychiatric Survivors. The department of health shall provide
administrative support to the work group.
(b) The work group shall report to the house committee on human services
and the senate committee on health and welfare no later than January 31, 2006
and shall address the following issues:
(1) transfers between hospitals, including standards, procedures, and
rights of patients;
(2) determination of the least restrictive setting for the forensic
evaluation;
(3) disposition of the defendant if it is determined after admission that
the defendant does not meet the standards for hospitalization;
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JOURNAL OF THE SENATE
(4) legal representation of defendants and the state in hospitalization
hearings; and
(5) other issues as determined by the work group.
Sec. 113e. VERMONT STATE HOSPITAL; REPLACEMENT PLAN
(a) The general assembly adopts the principles in the May 31, 2005 draft
report from the department of health for restructuring the delivery of mental
health services currently received in the Vermont state hospital, including the
following:
(1) The current state hospital facility should be replaced with a facility
or facilities with fewer than 54 beds and with meaningful programmatic
integration of medical and community mental health services.
(2) As the replacement occurs, the operations and human resources in
the state hospital should be supported and enhanced to ensure safety, and the
clinical programming should effectively support recovery.
(3) The capacity and network of community support services should be
expanded to meet patient needs in a clinically appropriate manner consistent
with system values.
(b) When the general assembly is not in session, the department of health
shall seek and receive approval from the mental health oversight committee on
specific programmatic recommendations, plans, or implementation steps to
achieve the principles in the May 31, 2005 draft report prior to
implementation. The mental health oversight committee shall approve or deny
the recommendations and steps within two weeks of submission and shall
oversee the implementation of the restructuring of the delivery of mental health
services currently received in the Vermont state hospital.
(c) The commissioner of health shall report to the mental health oversight
committee upon request in order to meet the requirements of this section.
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
669,764
130,309
800,073
SATURDAY, JUNE 4, 2005
Source of funds
Special funds
1415
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
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
8,220,005
2,797,032
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 a 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
2,412,885
468,401
45,178,245
48,059,531
19,269,419
60,732
1,230,722
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JOURNAL OF THE SENATE
Federal funds
Interdepartmental transfer
Total
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
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
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Tobacco fund
Federal funds
Total
18,261,673
2,870,402
62,032,908
83,164,983
38,442,431
1,306,152
75,000
43,341,400
83,164,983
(a) Of the above general fund appropriation, $70,000 shall be used for a
grant to the prevent child abuse Vermont program.
SATURDAY, JUNE 4, 2005
1417
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
Federal funds
Interdepartmental transfer
Total
Sec. 122.
disabled
3,337,193
495,020
3,832,213
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
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(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) If the governor’s fiscal year 2007 proposed budget includes a ratable
reduction for reach up benefits that is below 50 percent, the department for
children and families shall report to the house and senate committees on
appropriations the cost of achieving a 50 percent ratable reduction.
(b) Of the above appropriation, up to $55,810 is to be used for the Lund
family center’s learning edge program to serve women who are pregnant
and/or reach up eligible.
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.
SATURDAY, JUNE 4, 2005
1419
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
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.
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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
Source of funds
20,691,990
3,450,004
24,141,994
SATURDAY, JUNE 4, 2005
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
1421
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
20,577,895
9,162,065
422,692
851,981
10,064,157
77,000
20,577,895
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
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JOURNAL OF THE SENATE
(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;
(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, which was $1,086,890, including any federal match. If federal receipts
SATURDAY, JUNE 4, 2005
1423
are gained through the Global Commitment, eligibility for flexible family
funding will require eligibility for Medicaid; the department may make
exceptions to this on a case-by-case basis. The anticipated waiting list for
developmental services 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)
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
2,109,825
322,087
2,431,912
2,270,042
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JOURNAL OF THE SENATE
Federal funds
Interdepartmental transfer
Total
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 the health services
contract. The report shall include expenditures made year-to-date and the
department’s assessment of the quality of the services provided by the
contractor.
(b) The commissioner of the department of corrections shall research the
viability of developing community mapping technologies in Vermont. The
research shall include reviewing the system developed for Connecticut by the
Council of State Governments. The commissioner shall 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
3,164,224
343,662
3,507,886
3,110,736
397,150
3,507,886
(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
68,370,252
30,657,454
SATURDAY, JUNE 4, 2005
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Interdepartmental transfer
Total
1425
2,054,500
101,082,206
97,380,792
1,153,658
549,500
87,500
1,829,710
81,046
101,082,206
(a) Of the above general fund appropriation, $87,000 shall be used as a
grant to Dismas House of Vermont, Inc.
(b) Of the above appropriation for transitional housing, the amount of
$35,000 shall be granted to Morningside House, Inc. which serves homeless
citizens in southern Vermont. The funds shall support a pilot project between
the department and Morningside House, Inc. jointly to develop and implement
a plan to house between three and five offenders referred by the department to
the shelter.
(c) Of the above appropriation $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.
(d) 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 as of October 1,
2005, contingent upon the out-of-state bed census being, on average, at or
below 400 during the months of May, June, and July, excluding the impact of
the renovations at the St. Albans correctional facility. These positions shall be
transferred and converted from existing vacant positions in the executive
branch of state government. Of the above appropriation, $318,750 shall be
used to support these new positions.
(e) All other funds associated with a reduction of 45 out-of-state beds from
the total included in the submitted budget in this appropriation shall be used for
correctional services needs as directed by the commissioner of corrections
which may include hiring up to four (4) mental health counselors.
Sec. 142a. 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
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JOURNAL OF THE SENATE
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 which may include hiring up to four (4) mental health
counselors if they were not hired pursuant to Sec. 142(e) of this act.
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
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
SATURDAY, JUNE 4, 2005
1427
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 commissioner of corrections, or the commissioner’s designee.
(2) The defender general or the defender general’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 deputy commissioner for the division of alcohol and drug abuse
programs, department of health, agency of human services, or the deputy
commissioner’s designee.
(5) The administrative judge for trial courts or the judge’s designee.
(6) The coordinator of offender services for the Howard Center for
Human Services at the Chittenden County drug court or the coordinator’s
designee.
(7) A substance abuse provider offering services to women at the Dale
correctional facility, to be selected by the commissioner of corrections.
(8) The coordinator of the community justice center in Burlington or the
coordinator’s designee.
(9) One additional member may be selected by the committee based
upon experience working with women offenders, women with substance abuse
issues, or other women in crisis. One additional member who represents
female former offenders, may be selected by the commissioner of corrections.
Sec. 144. Corrections - correctional facilities- recreation
Personal services
Operating expenses
Total
Source of funds
Special funds
518,212
473,986
992,198
992,198
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JOURNAL OF THE SENATE
(a) The department shall study and implement either a prepaid phone card
system for inmates’ telephone service or another system that reduces inmates’
telephone costs during fiscal year 2007. The department shall report to the
general assembly on the fiscal impact of this change on the inmate recreation
fund.
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.
SATURDAY, JUNE 4, 2005
1429
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
General fund
Special funds
Federal funds
Total
310,651
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
3,128,718
15,962,190
912,495
10,239,126
4,810,569
15,962,190
(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
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JOURNAL OF THE SENATE
approval of the secretary of administration, funds to cover the costs of the
contract for an interim administrator of the veterans’ home.
Sec. 150a. VERMONT VETERANS’ HOME; REGIONAL BED CAPACITY
(a) The agency of human services shall not include the bed count at the
Vermont veterans’ home when recommending and implementing policies that
are based on or intended to impact regional nursing home bed capacity in the
state.
Sec. 151. Total human services
Source of funds
General fund
Transportation fund
Special funds
Tobacco fund
Federal funds
Permanent trust funds
Internal service funds
Interdepartmental transfer
Total
1,502,442,843
421,074,741
1,637,082
305,954,266
25,441,034
718,911,145
10,000
3,123,012
26,291,563
1,502,442,843
Sec. 152. Employment and training
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
Sec. 153. Total employment and training
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
24,501,579
1,395,248
866,000
19,472,969
2,767,362
24,501,579
SATURDAY, JUNE 4, 2005
1431
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
10,620,000
16,531,573
3,166,006
63,697
1,968,752
11,333,118
16,531,573
(a) Notwithstanding 16 V.S.A. §§ 563(21) and 3448(a)(5)(E), of the above
appropriation, up to $17,000 is available for a grant to Bradford school district
to make up for delays in making a final school construction payment after
completion of the final audit in fiscal year 2006.
Sec. 154a. Sec. 166 of No. 122 of the Acts of 2004, as amended by Sec. 52 of
No. 6 of the Acts of 2005, is further amended to read:
Sec. 166. Education – finance and administration
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
4,029,861 4,029,861
1,273,159 1,273,159
11,216,066 11,816,066
16,519,086 17,119,086
3,045,720
20,088
2,213,164
11,240,114
16,519,086
3,045,720
20,088
2,213,164
11,840,114
17,119,086
Sec. 155. Education - education programs
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
12,107,019
1,981,112
108,322,608
122,410,739
7,132,600
524,846
1,139,188
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JOURNAL OF THE SENATE
Federal funds
Interdepartmental transfer
Total
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
Education fund
Total
3,951,017
2,717,398
983,619
250,000
3,951,017
SATURDAY, JUNE 4, 2005
1433
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, a principal chosen by the Vermont principals’
association, a superintendent chosen by the Vermont superintendents
association, 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
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JOURNAL OF THE SENATE
(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.
(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) It is the intent of the general assembly to appropriate funds for adult
education and literacy programs from the education fund, notwithstanding the
provisions of 16 V.S.A. § 4025(d) as it was the intent of the general assembly
to do this in Sec. 173 of No. 122 of the Acts of the 2003. Neither this
appropriation nor the appropriation from Sec. 173 of No. 122 repeals the
education property tax.
(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. EARLY CHILDHOOD EDUCATION SERVICES
(a) School districts may offer early childhood education services
through direct provision of services, collaborative programs, or direct
contracting with other public or private providers, or any combination of these,
and a school district may obtain funding for these services by counting resident
early education pupils in its full-time equivalent enrollment pursuant to
Vermont State Board of Education Rule 9200.4, as in effect on June 1, 2005.
School districts are encouraged to collaborate or contract with existing public
and qualified private early education service providers.
SATURDAY, JUNE 4, 2005
1435
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:
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
969,605
104,571
65,000
1,139,176
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Interdepartmental transfer
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. 168a.
COUNCIL
APPROPRIATION
ON
EDUCATION
GOVERNANCE;
(a) In Sec. 71 of No. 68 of the Acts of 2003, the general assembly created a
Council on Education Governance to develop and implement a process for
engaging a broad spectrum of Vermonters in a discussion of effective
governance structures for delivery of public education with consideration of
the need to address rising costs while maintaining Vermont’s high quality
education system. The Council obtained funding from a private foundation
and, in 2004, awarded $71,000 in small grants to education communities of
Vermont school districts and supervisory unions to help them engage in
discussions about reorganization for better service delivery at a lower cost. In
their grant applications, several communities requested a workshop on policy
governance, so the Council used an additional $7,500 to run one statewide
workshop for all who wished to attend. All of these communities have made
progress toward productive reorganization and most need another round of
small grants to continue and complete their work.
(b) Therefore, notwithstanding 16 V.S.A. § 4025(b), the amount of
$75,000 is appropriated from the education fund to the commissioner of
education for the purpose of enabling the department of education to continue
working with the Council on Education Governance to award grants to
education communities, and to document the processes, successes, and lessons
to be learned from the work of these communities.
(c) The commissioner of education shall, at the direction of the Council on
Education Governance, issue a request for proposals, choose grant recipients,
determine the amounts to be awarded to each recipient, and monitor the
progress of each grant recipient for fiscal year 2006. The Council shall report
to the general assembly each January on its progress and any recommendations
for legislative change.
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
SATURDAY, JUNE 4, 2005
1437
medically related services provided to students who are Medicaid-eligible shall
be deposited into the administrative special fund.
Sec. 170. FUND APPROPRIATION AND TRANSFER
(a) There is appropriated the amount of $259,300,000 in fiscal year 2006
from the general fund for transfer to the education fund.
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 $3,210,000 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
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
118,966,276
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Source of funds
General fund
Transportation fund
Education fund
Total
7,988,056
2,378,220
108,600,000
118,966,276
Sec. 173a. Sec. 187 of No. 122 of the Acts of 2004, as amended by Sec. 58 of
No. 6 of the Acts of 2005, is further amended to read:
Sec. 187. Tax department – property tax assistance
Grants
Source of funds
General fund
Transportation fund
Education fund
Total
98,811,600
104,511,600
5,280,000
3,520,000
90,011,600
98,811,600
8,680,000
3,520,000
92,311,600
104,511,600
Sec. 174. Total general education and property tax assistance
1,696,950,426
Source of funds
General fund
Transportation fund
Education fund
Special funds
Tobacco fund
Federal funds
Pension trust fund
Interdepartmental transfer
Total
304,750,342
2,903,066
1,240,167,487
1,202,885
984,007
115,413,832
17,903,869
13,624,938
1,696,950,426
Sec. 175. University of Vermont
Grants
Source of funds
General fund
39,271,166
39,271,166
(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, $367,965 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.
Sec. 176. University of Vermont - Morgan horse farm
SATURDAY, JUNE 4, 2005
Grants
Source of funds
General fund
1439
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
22,532,878
22,532,878
(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, $414,950 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.
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Sec. 178a. VERMONT STATE COLLEGES; COLLECTIVE BARGAINING
AGREEMENT
(a) With the exception of the early retirement provisions referenced in the
decision of the Vermont labor relations board, 28 VLRB 28, the last best offer
of the administration of the Vermont state colleges, as recommended by the
VLRB to the general assembly, is approved, pursuant to the provisions of 3
V.S.A. § 925(i), and it shall be the collective bargaining agreement between
the Vermont state colleges and the Vermont state colleges faculty federation,
AFT Local #3180. The early retirement provisions shall be determined in
accordance with subsection (b) of this section.
(b) The parties to the collective bargaining agreement are directed to recommence negotiation of provisions regarding the early retirement program
and if agreement is not reached and ratified by September 30, 2005, then the
provisions shall be submitted for final and binding resolution to a neutral
arbitrator selected in accordance with the procedures of and through the
American Arbitration Association. Until such time as any new early
retirement provisions are determined pursuant to this subsection, provisions of
the current early retirement program shall continue in effect.
(c) 3 V.S.A. § 925(i) is amended to read:
(i) If the dispute remains unresolved 15 days after transmittal of findings
and recommendations, each party shall submit as a single package its last best
offer on all disputed issues to the board. Each party's last best offer shall be
certified as such to the board by the fact-finding panel. The board may hold
hearings as it deems appropriate. Within 30 days of the certifications it shall
select between the last best offers of the parties, considered in their entirety
without amendment. In the case of the state of Vermont or the Vermont state
colleges the board shall recommend its choice to the general assembly as the
bargaining agreement which shall become effective subject to appropriations
by the general assembly. The board shall determine the cost of the package
selected and request the appropriation necessary to fund the recommendation.
In the case of the University of Vermont or the Vermont State Colleges, the
decision of the board shall be final and binding on each party. Nothing herein
precludes the general assembly from enacting laws amending provisions of any
collective bargaining agreement involving the state of Vermont or the Vermont
state colleges arrived at under this section.
(d) Subsections (a) and (b) of this section, shall be effective on passage.
Subsection (c) of this section, shall take effect July 1, 2005. The provisions of
subsection (c), amending 3 V.S.A. § 925(i), shall not affect the contract
negotiations referenced in subsection (a) which shall be final and binding
under the procedures of subsection (b).
SATURDAY, JUNE 4, 2005
1441
Sec. 179. Vermont state colleges - allied health
Grants
Source of funds
General fund
993,527
993,527
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
17,771,050
17,771,050
(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
Sec. 183. Total higher education and other
Source of funds
General fund
80,000
80,000
82,042,784
82,042,784
Sec. 184. Natural resources - agency of natural resources - administration
Personal services
4,138,173
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Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
1,651,001
90,180
5,879,354
4,324,943
1,042,150
338,355
173,906
5,879,354
(a) The amount of $400,000 is appropriated from the solid waste
management assistance fund to the brownfields revitalization fund in the
agency of commerce and community development. These funds are hereby
appropriated to match federal funds available through the Environmental
Protection Agency for brownfields redevelopment purposes and for grants to
specific projects subject to 10 V.S.A. § 6615a(1)(5) and (6).
Sec. 184a. 10 V.S.A. § 6615a(l)(5) and (6) are amended to read:
(5) Grants. Grants may be issued by the secretary of commerce and
community development, with the approval of the secretary of natural
resources, as follows:
(A) The secretary of commerce and community development They
may award an applicant a grant not to exceed $50,000.00 for the
characterization and assessment of a site.
(B) The secretary of commerce and community development They
may award an applicant a grant not to exceed $200,000.00 for the remediation
of a site.
(C) The secretary of commerce and community development They
may make a grant to assist an applicant in purchasing environmental insurance
relating to the performance of the characterization, assessment or remediation
of a brownfields site in accordance with a corrective action plan approved by
the secretary of natural resources.
(D) The secretary of commerce and community development They
may use a portion of the brownfields revitalization fund to develop a risksharing pool, an indemnity pool, or an insurance mechanism to provide
financial assistance to applicants.
(E) All reports generated with the assistance of grants awarded under
the brownfields revitalization fund, including site assessments, site
investigations, feasibility studies, corrective action plans, and completion
reports, shall be provided to the secretary secretaries in hard copy and in
electronic form.
SATURDAY, JUNE 4, 2005
1443
(6) Loans.
(A) For the purpose of this chapter, "VEDA" means the Vermont
economic development authority, which is authorized to make loans on behalf
of the state under this section after the secretary of commerce and community
development, in consultation with the approval of the secretary of natural
resources, has first determined an applicant eligible to apply to VEDA for a
loan. These loans shall be issued and administered by VEDA, pursuant to this
chapter, and VEDA's enabling authority, pursuant to chapter 12 of this title.
The secretary of commerce and community development, in consultation with
the approval of the secretary of natural resources and in consultation with the
VEDA manager, shall annually determine the amount of the brownfields
revitalization fund available to VEDA for loans under this section.
***
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
17,196
6,646
10,550
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Total
17,196
Sec. 189. Fish and wildlife - support and field services
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Fish and wildlife fund
Total
9,566,015
4,004,370
662,453
14,232,838
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
SATURDAY, JUNE 4, 2005
1445
(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.
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
521,610
237,989
759,599
524,599
195,000
40,000
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Total
759,599
SATURDAY, JUNE 4, 2005
1447
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
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
2,835,084
823,118
96,267
3,754,469
1,123,601
701,255
1,023,119
906,494
3,754,469
(a) Of the above special fund appropriation, $75,000 shall be used to fund a
brownfields project manager position.
Sec. 200. Environmental conservation - air and waste management
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
6,944,360
6,328,003
1,706,000
14,978,363
715,896
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JOURNAL OF THE SENATE
Special funds
Federal funds
Interdepartmental transfer
Total
11,147,684
2,944,783
170,000
14,978,363
Sec. 200a. FISCAL YEAR 2006; ONE-TIME WASTE MANAGEMENT
GRANTS
(a) The amount of $150,000 is appropriated from the solid waste
management assistance fund and shall be used on a one-time basis for the
purpose of providing grants to municipalities for recycling, collection, and
proper management of household hazardous waste and waste mercury-added
products.
Sec. 201. Environmental conservation - office of water programs
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Transportation fund
Special funds
Federal funds
Interdepartmental transfer
Total
12,236,776
2,099,391
2,953,502
17,289,669
6,232,691
185,182
3,717,507
6,616,039
538,250
17,289,669
(a) The commissioner shall ensure that $75,000 from the river management
grants program is granted to the Vermont youth conservation corps to support
a comprehensive river management program. 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. 202.
control
Environmental conservation - tax-loss-Connecticut River flood
Operating expenses
Source of funds
Special funds
40,000
40,000
SATURDAY, JUNE 4, 2005
1449
Sec. 203. Natural resources board
Personal services
Operating expenses
Total
Source of funds
General fund
Special funds
Total
Sec. 204. Total natural resources
Source of funds
General fund
Transportation fund
Fish and wildlife fund
Special funds
Federal funds
Interdepartmental transfer
Total
2,320,080
394,264
2,714,344
1,065,127
1,649,217
2,714,344
78,325,806
21,840,505
1,274,482
12,188,720
26,851,153
13,616,796
2,554,150
78,325,806
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. 205c
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
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JOURNAL OF THE SENATE
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. 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 the 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.
(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 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 agency of transportation, the department of forests,
parks and recreation, the department of fish and wildlife, 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.
SATURDAY, JUNE 4, 2005
1451
(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.
(7) The CMO shall work collaboratively with the higher education
community in Vermont upon request by institutions of higher education.
(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. 205b. RETROACTIVE APPLICATION OF DEFERRAL AND
MITIGATION TO PRIOR AWARDS
(a) The deferral and mitigation of disallowance and recapture provisions of
section 5930h of Title 32 shall continue in effect to defer and mitigate
disallowance or recapture of any economic advancement tax incentive award
granted prior to July 1, 2005, with the following modifications:
(1) The deferral and mitigation provisions of subsection 5930h(f) of
Title 32 shall be available whether or not the curtailment of trade or business
resulting in the notice of recapture or disallowance occurred prior to July 1,
2003, the effective date of No. 67 of the Acts of 2003.
(2) An application to the council for a deferral relating to an award
granted prior to July 1, 2005 must be made within 90 days of the effective date
of this act or within 90 days of receipt of written determination of recapture or
disallowance, whichever is later.
(3) The deferral period shall be for a nonrenewable period of 36 months,
notwithstanding the 12-month provision prescribed in subsection 5930h(f) of
Title 32.
(4) The minimum level of restoration of employment necessary within
the recapture period shall be 75 percent of the highest annual average number
of full-time employees of the applicant during any year in a period of six years
after the initial authorization of an incentive by the council.
(5) The deferral and mitigation provisions of subsection 5930h(f) of
Title 32 shall apply to credits which have been applied against tax liabilities
and to carryforward of credits granted but not yet taken. The council may in
its discretion mitigate the disallowance or recapture of credits applied against
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JOURNAL OF THE SENATE
tax liabilities. With respect to disallowance of carryforward of credits, the
council shall determine a mitigated amount based on the cost-benefit model
analysis of the taxpayer’s actual job creation and performance, and any
mitigated amount shall take account of credits applied against tax liabilities.
For the purposes of this section, the three-year time limit on notices of
deficiency and assessment of penalty and interest under section 5882 of Title
32 shall commence upon conclusion of the 36-month deferral period allowed
by this section.
Sec. 205c. 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; one person to be appointed by the Vermont league of cities and towns;
one person to be appointed by the associated industries of Vermont; one person
to be appointed by Vermont businesses for social responsibility; and one
person to be appointed by the Vermont natural resources council.
(b) The committee may meet following adjournment of the 2005 session of
the general assembly as it deems necessary 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
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 committee shall be guided by the general assembly’s support for a
strong economic development policy for Vermont which is fiscally responsible
and targeted for actual development results and shall consult specifically with
representatives of the types of business which the committee determines would
be most attractive to Vermont; and by the general assembly’s intent to fulfill
the state’s pending obligations to businesses which have been granted
economic advancement tax incentives. The committee shall:
(1)
Analyze whether targeted business incentive grants and
nonmonetary business aid such as permit and regulatory assistance or other
assistance and increased development of infrastructure would be more
successful, efficient, and cost-effective than tax expenditures in encouraging
SATURDAY, JUNE 4, 2005
desired economic activity in the state.
committee shall consider:
1453
In analyzing this approach, the
(A) The types of new business Vermonters would like to attract to
this state and the kind of business and economic growth Vermonters would
find appropriate;
(B) The specific grants and nonmonetary assistance which would
attract those types of business to Vermont;
(C) The best strategy and long-term goals for Vermont economic
development and job retention, particularly in light of both domestic and
global business competition;
(D) Targeting incentives to startup and small businesses and whether
these kinds of incentives would advance the long-term goals determined under
subdivision (C) of this subdivision (1);
(E)
Targeting incentives to regions of the state with high
unemployment, low wages, or other indications of need for economic
development and job creation and whether these kinds of incentives would
advance the long-term goals determined under subdivision (C) of this
subdivision (1);
(F) Vermont tax policies which place Vermont businesses at a
competitive disadvantage and how best to address these policies and mitigate
their effects;
(G) Specific needs for development or improvement of transportation
and telecommunications systems;
(H) The types of postsecondary institution expansion or development
which would attract research and technology firms;
(I) The advisability of designating a single state official to advise and
aid businesses in obtaining all necessary permits and other regulatory
compliance.
(2) Analyze the advantages and disadvantages of privatizing all or a
portion of economic development functions of the state.
(3) Review the advisability of current law limitations on approval for tax
increment financing in downtown development projects and recommend any
changes necessary to improve the approval process.
(4) Review the advisability of a single, payroll-based tax credit program,
and if found advisable, recommend legislation to implement such a program.
In reviewing the advisability, the committee shall consider:
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JOURNAL OF THE SENATE
(A) the utility of a “but for” test and whether it should be abolished;
and whether an annual cap or other limitation is appropriate on the total awards
to be made; and
(B) whether to develop and link economic advancement tax
incentives to municipal awards and incentives to municipalities and to account
for these.
(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. 206. FISCAL YEAR 2006 AGENCY-WIDE GENERAL FUND
REDUCTION
(a) The secretary of the agency of commerce and community development
shall reduce the total general fund appropriations to the agency in fiscal year
2006 by $25,000.
Sec. 207. Housing and community affairs
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Federal funds
Interdepartmental transfer
Total
2,472,749
301,356
4,099,340
6,873,445
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
604,583
275,769
880,352
479,352
372,000
SATURDAY, JUNE 4, 2005
Interdepartmental transfer
Total
1455
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
remain affordable over time. It is the goal of the state to maintain at least 45 to
55 percent of CDBG funds for affordable housing applications.
(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
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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 generally 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) Up to $750,000 may be set aside for brownfield sites after submission
of a plan to the joint fiscal committee.
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
Source of funds
General fund
Special funds
Federal funds
Total
1,759,654
726,057
1,634,943
4,120,654
3,467,184
455,000
198,470
4,120,654
Sec. 213. Vermont training program
Personal services
Operating expenses
Grants
Total
Source of funds
General fund
Special funds
Total
67,050
26,637
1,549,013
1,642,700
1,607,700
35,000
1,642,700
Sec. 214. Tourism and marketing
Personal services
Operating expenses
Grants
1,804,143
2,068,315
337,000
SATURDAY, JUNE 4, 2005
Total
Source of funds
General fund
1457
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
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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 memorandum of understanding with
the board, as 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. The memorandum of understanding
shall include performance measures and outcomes that VHCB will annually
report on to the Vermont department of housing and community affairs.
(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
58,559,998
Source of funds
General fund
Special funds
Federal funds
Enterprise funds
Interdepartmental transfer
Total
14,605,531
19,464,344
23,039,677
847,770
602,676
58,559,998
SATURDAY, JUNE 4, 2005
1459
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.
Sec. 223. Transportation - finance and administration
Personal services
Operating expenses
Total
Source of funds
Transportation fund
Federal funds
Total
8,155,420
2,063,928
10,219,348
9,671,292
548,056
10,219,348
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
1,087,548
1,297,548
1,297,548
Sec. 226. Transportation - program development
Personal services
Operating expenses
Grants
Total
37,671,918
72,436,634
37,115,246
147,223,798
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Source of funds
Transportation fund
Local match
Federal funds
Total
28,453,772
1,898,426
116,871,600
147,223,798
Sec. 227. [Deleted]
Sec. 228. [Deleted]
Sec. 229. Transportation - interstate rest areas
Personal services
Operating expenses
Total
Source of funds
Transportation fund
Federal funds
Total
80,000
916,100
996,100
25,000
971,100
996,100
Sec. 230. Transportation – maintenance - state system
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
29,352,669
24,471,617
987,800
54,812,086
54,104,586
707,500
54,812,086
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
743,456
7,103,746
2,700,000
10,547,202
SATURDAY, JUNE 4, 2005
Source of funds
Transportation fund
Federal funds
Total
1461
8,196,929
2,350,273
10,547,202
Sec. 233. Transportation - public transit
Personal services
Operating expenses
Grants
Total
Source of funds
Transportation fund
Federal funds
Total
470,313
130,240
14,288,340
14,888,893
5,796,599
9,092,294
14,888,893
Sec. 234. Transportation - central garage
Personal services
Operating expenses
Total
Source of funds
Internal service funds
3,183,942
9,959,952
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.
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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
57,129
57,129
Sec. 238. Transportation - town highway - Vermont local roads
Grants
Source of funds
Transportation fund
Federal funds
Total
783,700
333,867
449,833
783,700
Sec. 239. Transportation - town highway - class 2 roadway
Grants
Source of funds
Transportation fund
4,748,750
4,748,750
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).
SATURDAY, JUNE 4, 2005
1463
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
Sec. 244b. Discretionary spending
Operating expenses
Source of funds
Transportation fund
Federal funds
Total
Sec. 245. Total transportation
Source of funds
Transportation fund
Local match
Federal funds
Internal service funds
Total
1,825,068
566,338
1,258,730
1,825,068
354,117,882
173,108,618
3,523,466
164,341,904
13,143,894
354,117,882
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Sec. 246. Debt service
Debt service
Source of funds
General fund
Transportation fund
Special funds
Total
Sec. 247. Total debt service
Source of funds
General fund
Transportation fund
Special funds
Total
67,461,234
62,968,427
2,109,547
2,383,260
67,461,234
67,461,234
62,968,427
2,109,547
2,383,260
67,461,234
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.
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
SATURDAY, JUNE 4, 2005
1465
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 and
the speaker and senate president pro-tempore determine that it will not
reconvene within the next 30 day period, 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:
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
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year 2006, except for new positions authorized by the 2005 legislative 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);
(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.
SATURDAY, JUNE 4, 2005
1467
(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, the following amounts are appropriated or
transferred from the general fund:
(1) The sum of $10,000,000 is transferred from the general fund to the
health access trust fund.
(2) The sum of $6,220,000 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 capital construction act of
the 2005 session). For the purposes of 32 V.S.A. § 308, this appropriation
shall be considered to be made in fiscal year 2006.
(3) The sum of $300,000 is appropriated to the department of
corrections for expenses related to the former Windsor prison site.
(4) The sum of $200,000 is appropriated to the department of taxes for
fiscal year 2006 PILOT payments in addition to funds appropriated in Sec. 50
of this act.
(5) The sum of $80,000 is appropriated to the department for children
and families for a grant to spectrum youth and family services for the
downtown education program.
(6) The sum of $55,000 is appropriated to the secretary of state.
$10,000 or so much thereof as may be necessary to assist in covering the costs
of hiring a licensed land surveyor to conduct a survey of a portion of the
boundary between the towns of Burke and Kirby. $45,000 or so much thereof
as may be necessary, to assist in covering the costs of hiring a licensed land
surveyor who shall conduct a survey of the boundary between the towns of
Bakersfield and Fairfield. The general assembly intends that the boundary
lines be located and established according to surveys to be conducted by a
licensed land surveyor who shall be hired and directed by the secretary of state.
Upon completion, the results of the surveys shall be filed with the secretary of
state.
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(7) The sum of $1,964,000 is appropriated for the purposes of achieving
health care reform as follows:
(A) $725,000 to the legislature as follows: $325,000 to support the
activities of the legislative commission on health care reform as established by
Sec. 277c of this act; $325,000 for studies as required by Sec. 277d of this act;
and $75,000 for health care reform public information and outreach activities
of the legislature as described in Sec. 277e of this act.
(B) $1,039,000 to the office of Vermont health access to fund the
Vermont Blueprint for Health: The Chronic Care Initiative. The goals of the
initiative are to: (1) implement a statewide system of care that enables
Vermonters with, and at risk for, chronic disease to lead healthier lives; (2)
develop a system of care that is financially sustainable; and (3) forge a publicprivate partnership to develop and sustain the new system of care. On or
before January 1, 2006, and annually thereafter, the director of the office of
Vermont health access, in consultation with the commissioner of health, shall
file a report with the general assembly detailing progress made in reaching
these three goals.
(C)
$200,000 to the department of taxes to assist with
implementation expenses for the payroll tax included in H.524. In the event
that H.524 is not enacted by July 15, 2005 the funds appropriated in this
subdivision shall be appropriated as follows: $100,000 to the department of
health for additional grants consistent with the requirements of Sec. 277f of
this act, $50,000 to the department of health for additional grants for the
development and implementation of 340B pharmaceutical services, and the
remaining $50,000 to the legislature for related standing committee expenses.
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.
SATURDAY, JUNE 4, 2005
1469
Sec. 257.
TRANSPORTATION; CONTINGENCY APPROPRIATION
AUTHORITY
(a) Subject to approval by a special committee consisting of the legislative
joint fiscal committee and the chairs of the house and senate committees on
transportation, the secretary of administration is authorized to transfer up to
$5,000,000 in general funds from the general fund surplus reserve, established
pursuant to 32 V.S.A. § 308c(a), to the transportation fund, and that amount of
transportation funds is appropriated to the agency of transportation. The
special committee approval shall be based on the following:
(1) Passage of the federal “Safe, Accountable, Flexible, and Efficient
Transportation Equity Act” (SAFETEA) with the result of additional federal
funds available for Vermont;
(2) A finding by the secretary of administration and a determination by
the special committee that:
(A) The general fund surplus reserve has sufficient funds;
(B) Insufficient state funds have been appropriated for a match to
transportation projects that could be done in state fiscal year 2006;
(C) Funding additional projects prior to awaiting the budget
adjustment process is in the best interests of Vermont; and
(D) The general fund budget adjustment needs will be able to be
addressed with remaining or other funds.
Sec. 258. [Deleted]
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.
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
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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 or before 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
after the application of 32 VSA § 308a;
(3) Third, $1,300,000 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 $17,000,000 shall be transferred as necessary to the
Vermont health access trust fund to ensure that said amount is available for
fiscal year 2006 general fund obligations. This transfer 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].
SATURDAY, JUNE 4, 2005
1471
(b) To the extent additional funds are available; $21,096,000 shall be
appropriated and transferred to the health access trust fund for the following:
(1)
First, $14,347,000 to offset postponement of the second
disproportionate share payment until fiscal year 2007; and
(2) Second, $6,749,000 to provide additional resources for Medicaid
expenditures.
(c) To the extent additional funds are available $6,824,000 shall be
appropriated to the following:
(1) First, $4,000,000 to the state teachers’ retirement fund.
(2) Second, $2,043,000 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 capital construction act of the 2005 session). For the
purposes of 32 V.S.A. § 308, this appropriation shall be considered to be made
in fiscal year 2006.
(3) Third, $250,000 to the department of education for adult education
one-time transition costs.
(4) Fourth, $531,000 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.
The plan shall include spending targets and budgets, a description of how
short-term and longer-term youth inmates’ needs are to be addressed, and the
specific measurable outcomes on which the system will be evaluated. The
departments shall submit the plan to the house and senate committees on
appropriations and education on or before December 15, 2005.
(d) To the extent additional funds are available, $1,325,000 shall be
appropriated for the following:
(1) First, $250,000 to the department of health for area health education
center activities.
(2) Second, $300,000 to the Vermont training program.
(3) Third, $75,000 to the department of economic development for grants
to regional development corporations.
(4) Fourth, $450,000 to the department of environmental conservation
for stormwater contracts.
(5) Fifth, $250,000 to the department of aging and independent living
for grants to area agencies on aging.
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(e) To the extent additional funds are available, $1,525,000 shall be
appropriated as follows for health care reform related initiatives:
(1) First, $25,000 to the legislature for interim committee meetings on
health care reform.
(2) Second, $200,000 to the department of health for use as an
additional appropriation to fund free clinics.
(3) Third, $700,000 to the department of banking, insurance, securities,
and health care administration to carry out the purposes of Sec. 277 of this act,
adding 18 V.S.A. § 9417, of which $500,000 is for dollar-for-dollar matching
funds to leverage resources necessary to fund the pilot program authorized
under subsection 9417(e) of Title 18 and to contract for the development of the
health information technology plan and other duties in 18 V.S.A. §9417.
(4) Fourth, $200,000 to the department of health for the purpose of
providing grants consistent with the provisions of Sec. 277f of this act for
federally qualified health center (FQHC) look-alikes.
(5) Fifth, $50,000 to the department of health, $20,000 of which shall be
used for a grant to the bi-state primary care association for activities related to
Vermont FQHC’s and the remainder for grants for the development and
implementation of 340B pharmaceutical services.
(6) Sixth, $350,000 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.
(f) To the extent additional funds are available, $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.
(g) To the extent additional funds are available, $1,930,000 is appropriated
as follows:
(1) $500,000 to the secretary of administration 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.
(2) $350,000 to the defender general for upgrading the departmental
computer systems.
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1473
(3) $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 to be available for transfer to the department of
taxes for tax expenditure reporting obligations.
(4) $150,000 to the department of public safety for vehicle replacement.
(5) $150,000 to the department of health for replacement of datamaster
units in the forensic alcohol program.
(6) $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.
(7) $50,000 to the department for children and families for the category
II rental and mortgage arrearage assistance program.
(8) $25,000 to the office of military and veterans affairs for a grant for
the purchase of vans for the disabled American veteran’s transportation
network.
(9) $25,000 to the legislature for requirements under Sec. 205c of this
act.
(10) $50,000 to the department of health for nursing loan repayment for
nursing faculty. These funds shall be used to provide education loan
forgiveness or repayment of that debt of up to $10,000.00 per year of service
on the nursing faculty of Castleton State College, Norwich University,
Vermont Technical College, Southern Vermont College, or the University of
Vermont. Eligibility is for nurses with outstanding educational debt acquired
in pursuit of an advanced nursing degree provided he or she either incurred
such debt after July 1, 2005 or was first employed on the nursing faculty after
July 1, 2005. Eligibility for this program shall be determined by the
department of health, in consultation with schools, providers and the Area
Health Education Center (AHEC).
The commissioner may require
certification of compliance with this subsection prior to making an award. In
addition, the educational debt forgiveness or repayment program shall be
administered in such a way as to comply with the requirements of Section
108(f) of the Internal Revenue Code.
(11) $5,000 to the Vermont veterans home for a 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 held for eventual purchase.
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(12) $50,000 to the office of economic opportunity for a grant to the
community action agencies for individual development accounts
(13) $10,000 to the department of public service to be used for a grant to
the Vermont public power supply authority to study the viability of a farm
methane renewable energy generation project in Enosburg Falls.
(14) $200,000 to the department of fish and wildlife for Camp Kehoe
capital needs.
(15) $10,000 to the Vermont humanities council as a contribution
toward the purchase of a building.
(16) $25,000 to the Vermont symphony orchestra for the musical
instrument purchase program for a concert grand Steinway piano.
(17) $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.
(18) $75,000 to the department for children and families for the building
bright spaces for bright futures fund.
(19) $60,000 to the legislative council for dairy policy contract
consultant services. These funds are for the sole purpose of retaining a
consultant and supporting activities for the promotion of dairy price
enhancement through interstate action. The consultant shall be retained and
associated expenditures made at the direction of the chairs of the senate and
house committees on appropriations and the chairs and vice chairs of the
senate and house committees on agriculture, respectively, with the approval of
the president pro tempore of the senate and the speaker of the house.
Additional expenditures for this purpose may be made from funds appropriated
to the general assembly with the approval of the president pro tempore of the
senate and the speaker of the house.
(h) For the purposes of securing a line of credit with the Vermont economic
development authority, private non-profit “program for all-inclusive 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.
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1475
(i) 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 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 $3,415,000 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 $17,000,000 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 fiscal
year 2006.
(b) Any remaining funds after subsection (a) above 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 amount of $3,415,000 is not
fully funded in subdivisions 263(a)(3) and 264(a)(2) of this act, the emergency
board at its July 2005 meeting shall use its transfer authority to ensure that
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.
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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
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.
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1477
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.
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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
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1479
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
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, one from the committee on natural resources
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and energy, one from the committee on agriculture, one from the committee on
commerce, one from the committee on transportation and one from the
committee on appropriations. 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 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
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1481
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 members of VITL:
(1) the commissioner of information and innovation, who shall advise
the group on technology best practices and the state’s information technology
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
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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 recommendation by the commissioner and approval by the general
assembly, 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.
(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. In addition,
VITL shall file quarterly progress reports with the health access oversight
committee and shall publish minutes of VITL meetings and any other relevant
information on a public website.
(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. 277a. 18 V.S.A. § 9437(4) and (5) are amended and (6) is added to read:
(4) in the case of a proposal for the addition of beds for the provision of
skilled nursing or intermediate care, the number of beds to be approved is not
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1483
inconsistent with the considerations identified under subsection 9439(e) of this
title; and
(5) The the proposed new health care project is consistent with the
certificate of need guidelines published by the department in accordance with
its rules, and is within the portion of the unified health care budget applicable
to the proposed health care facility; and
(6) if the application is for the purchase or lease of new health care
information technology, it conforms with the health information technology
plan established under section 9417 of this title, upon approval of the plan by
the general assembly.
Sec. 277b. 18 V.S.A. § 9440b is added to read:
§ 9440b. INFORMATION TECHNOLOGY; REVIEW PROCEDURES
Notwithstanding the procedures in section 9440 of this title, upon approval
by the general assembly of the health information technology plan developed
under section 9417 of this title, the commissioner shall establish by rule
standards and expedited procedures for reviewing applications for the purchase
or lease of health care information technology that otherwise would be subject
to review under this subchapter. Such applications may not be granted or
approved unless they are consistent with the health information technology
plan and the health resource allocation plan. The commissioner’s rules may
include a provision requiring that applications be reviewed by the health
information advisory group authorized under subsection 9417(c) of this title.
The advisory group shall make written findings and a recommendation to the
commissioner in favor of or against each application.
Sec. 277c. COMMISSION ON HEALTH CARE REFORM
(a) There is established a commission on health care reform. The
commission, under the direction of co-chairs who shall be appointed by the
speaker of the house and president pro tempore of the senate, shall monitor
health care reform and recommend to the general assembly actions needed to
attain the health care guidelines and goals set out in H.524 as passed by the
house and senate.
(b) Members of the commission shall include four representatives
appointed by the speaker of the house, four senators appointed by the
committee on committees, and two nonvoting members appointed by the
governor.
(c) Beginning in the interim of the 2005 legislative session through July 1,
2009, the commission shall:
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(1) identify and report emerging trends and behaviors among various
participants in the health care system;
(2) assess the effectiveness of cost-containment and quality of care
initiatives;
(3)
establish recommendations to the general assembly for
demonstration or pilot projects designed to contain health care costs, improve
the quality of health care, and to integrate systems of care that promote:
community-based evaluation and planning, improved financial management,
information technology systems that advance the management and
coordination of health care, governance models at the community level, and
patient responsibility for and participation in health care decision making;
(4) direct the studies established under Sec. 277d of this act;
(5) develop a plan for creating an integrated, regional delivery system
and developing integrated systems of care that: (1) reorganize the health care
delivery system to improve coordination, reduce medical errors, and reduce
redundant or unnecessary care, (2) improve the quality of care in terms of
process and outcomes, and (3) encourage alternative reimbursement
mechanisms based on outcome-based payments to change the incentives for
health care professionals and to control health care costs;
(6) make recommendations to the general assembly for a program to
provide matching grants for long-term investments in health care systems,
technology, and infrastructure in a manner that promotes the establishment of
integrated systems of care;
(7) assess the feasibility of:
(A) a publicly financed stop-loss insurance policy for all health plans
doing business in Vermont;
(B) a public health care program that incorporates the health benefits
covered under workers’ compensation policies;
(C) tort reform consistent with the findings and recommendations of
the medical malpractice study authorized under Sec. 292 of No. 122 of the
Acts of the 2003 Adj. Sess (2004); and
(D) a health care purchasing pool as described in Sec. 26 of H.524 as
passed by the house and senate;
(8) recommend alternative reimbursement mechanisms for health
services that encourage cost effectiveness, improve the quality of care,
increase efficiency, reward primary care practices that prevent chronic
illnesses, avoid preventable hospitalizations, and reduce long-term costs to the
SATURDAY, JUNE 4, 2005
1485
system, including a global hospital payment to each hospital. For the purposes
of this section, “global hospital payment” means an amount to be paid to a
hospital by each health insurer, employer or the state for services received at
that hospital by all individuals covered by a health benefit plan offered by or
through that insurer, employer or the state. A global hospital payment may be
accomplished through negotiations between insurers or employers and
hospitals, by requiring all public and private health insurers to pay for hospital
services using this method to the extent permitted under federal law, or by
another mechanism;
(9) receive input and make recommendations, generally, to the house
committees on health care and ways and means, the senate committees on
health and welfare and finance and the general assembly regarding the longterm development of policies and programs designed to ensure that, by 2009,
Vermont has an integrated system of care that provides all Vermonters access
to affordable, high quality health care that is financed in a fair and equitable
manner; and
(10) cooperate and coordinate with the public engagement process
established in Sec. 277e of this act to receive public input on a health care
reform plan.
(d) The commission shall select, subject to final approval by the speaker of
the house and the president pro tempore of the senate, the services of one fulltime director and such other staff as is needed, and shall receive administrative,
fiscal, and legal support from the joint fiscal office and the legislative council.
The director shall have expertise in finance, planning, systems analysis, and
processes involving weighing competing interests among parties. In addition,
with the approval of the speaker of the house and the president pro tempore of
the senate, the commission may retain the services of one or more consultants
or experts knowledgeable in health care systems, financing, or delivery to
assist in its work and may request funding from the legislative budget.
(e) The commission may request analysis from the office of Vermont
health access, the department of banking, insurance, securities, and health care
administration, and other appropriate agencies. The agencies shall report to the
commission at such times and with such information as the commission
determines is necessary to fulfill its oversight responsibilities.
(f) The commission may meet as needed and members shall be entitled to
compensation and expenses as provided in 2 V.S.A. § 406.
(g) The department of buildings and general services shall provide the
commission with office space near the state capitol building in Montpelier for
three individuals.
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(h) To staff this commission, the legislature is authorized to establish three
(3) new exempt positions – one (1) commission director and two (2)
commission research/support staff in fiscal year 2005.
Sec. 277d. HEALTH CARE REFORM; ECONOMIC, FINANCING, AND
ADMINISTRATIVE STUDIES
(a) In order to assess more fully the benefits and costs and to prepare and
plan for the implementation of full and universal access to health care in
Vermont, the commission on health care reform, in consultation with the
department of banking, insurance, securities, and health care administration,
shall direct that the following economic impact, financing, and governance
studies be undertaken during the interim of the 2005 legislative session. The
commission shall direct its staff or contract for one or more consultants to
undertake the economic impact and financing studies authorized by this
section.
(1) Economic impact study. The economic impact study shall examine
the impact of implementing a system of universal access to health care for
Vermonters versus the effects of sustaining the current system impact on
business and the labor force, the future growth of the economy and the
economic competitiveness of Vermont, and the effects on residents and
population groups and on current and potential insurers and providers of health
care.
(2) Financing options. The financing study shall examine the financing
options that most effectively achieve the goal of universal access to health care
and maintaining its affordability. The study shall include examination of all
financing options and their implications, including the income tax, a payroll
tax, premiums or cost-sharing measures, consumption taxes, specific more
limited taxes to support parts of the health care system’s financial needs, and
other revenue sources including insurance risk pools and insurance assistance
and incentives.
(A) The study shall reference the fact and supporting empirical
evidence that many countries have achieved universal access and more
affordable health care utilizing public financing as a tool to achieve this goal.
The study shall consider the strengths and weaknesses of such public financing
systems with respect to fairness and adequacy of funding, access to and quality
of services.
(B) The study shall examine how implementation of any public
financing options will be offset in corresponding reductions in premiums, other
taxes, and individual cost-sharing contributions.
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1487
(C) The study shall examine how any proposed changes in financing
or delivery of health care could affect benefits Vermonters currently receive
through Vermont employers.
(D) The study shall address issues involved with federal law and
taxation, including ERISA and other areas of preemption; technical proposals
to exempt non-resident employees of Vermont businesses; a provision to
ensure a soft landing for affected businesses and a recommendation as to the
appropriate amount needed in a soft landing provision to mitigate negative
effects on business; recommendations on the best method for unemployed
individuals to contribute to the financing; a simplified structure based on
employee numbers, employer payroll, or a combination for ease of
administration and clarity; and the recommendations of the tax department.
(E) The study shall analyze methods for recapturing insurance
premiums as a result of any reductions in uncompensated care, such as the
Dirigo model enacted in the state of Maine, any reductions in insurance
premiums resulting from public financing, and for ensuring that all Vermonters
contribute to the financing of health care’s fixed costs.
(3)
Governance and administrative study.
The secretary of
administration, in consultation with the office of Vermont health access, the
department of banking, insurance, securities, and health care administration,
and the agency of human services, shall examine and develop a plan for
reorganizing their respective offices and functions to further full and universal
access to health care in Vermont and the integration of the health care system.
The recommendations shall include personnel, operations, and budgetary
requirements and consider the most appropriate and efficient approach to
integrating health care policy, planning, delivery, regulation, and defining clear
lines of accountability within the health care system. The study shall include
also an examination of means to coordinate or integrate a universal health care
system with the current workers’ compensation system and the feasibility and
merits of authorizing the state to act as an insurer in pooling risk and providing
benefits, including a common benefits plan, to participants of the health care
purchasing pool.
(b) Reports, including findings and recommendations, from each study
required by this section shall be submitted to the general assembly not later
than January 15, 2006.
Sec. 277e. PUBLIC ENGAGEMENT PROCESS
(a) In recognition of the importance of public engagement, the house
committee on health care and the senate committee on health and welfare shall
have six public hearings during the interim of the 2005 legislative session to
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solicit input from citizens, employers, hospitals, health care professionals,
insurers, other stakeholders, and interested parties about health care reform.
(b) Throughout the interim, the commission on health care reform at the
request of the chairs of the committees shall brief the committees on the
commission’s activities and recommendations to date.
(c) For attendance at meetings, committee members shall be entitled to
compensation and expenses as provided in 2 V.S.A. § 406.
Sec. 277f. FEDERALLY QUALIFIED HEALTH CENTERS (FQHC)
LOOK-ALIKES; CAPITALIZATION GRANTS; CASE MANAGEMENT
(a) Funds appropriated in Sec. 263(e)(4) of this act to the department of
health shall be expended for the purpose of providing to federally qualified
health center (FQHC) look-alikes funds for initial capitalization and to
establish an income-sensitized sliding scale fee schedule for patients of these
organizations. In distributing the grants, the department shall consider
ensuring the geographic distribution of health centers around the state as well
as criteria under federal law. Initial priority shall be given to health centers in
Lamoille, Washington, and Windsor/Windham counties, and other counties
that demonstrate readiness to achieve look-alike status. The goal shall be to
ensure there are FQHC look-alikes in each county in Vermont.
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
SATURDAY, JUNE 4, 2005
1489
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
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 $75.00 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:
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(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 $80.00 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 $40.00 per household per month.
(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
$30.00 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.
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1491
(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.
(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)).
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(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.
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.
SATURDAY, JUNE 4, 2005
1493
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.
(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.
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(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
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
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1495
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
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.
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(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
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:
SATURDAY, JUNE 4, 2005
1497
(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.
(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.
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(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
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.
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1499
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, initially, to medically complex beneficiaries at all times, 24 hours
each day of the week, to provide appropriate advice to these beneficiaries and
to improve communications between these beneficiaries and their caregivers.
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The office shall take active steps to ensure that these beneficiaries and their
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, in collaboration with the department of aging and
independent living, 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, including 3
V.S.A. § 222(g), 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. CHIROPRACTIC BENEFITS FOR ADULTS
(a) The office of Vermont health access shall design a chiropractic trial to
begin in state fiscal year 2007. This trial shall be predicated upon and will
proceed only if federal financial participation can be secured for the trial. The
trial shall include limited diagnoses where chiropractic services, identified by
the office of Vermont health access, shall be covered for the duration of the
trial. The study period shall include an analysis of both the clinical efficacy of
chiropractic treatment for the diagnoses identified along with a comparison to
other treatment modalities for the same diagnoses and a financial analysis of
the different treatment modalities. At the conclusion of the trial period and
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upon confirmation from the centers for Medicare and Medicaid services that
federal financial participation would be available, a recommendation shall be
made to the general assembly for the reinstatement of chiropractic services
where positive clinical outcomes and lower overall treatment costs have been
shown. This recommendation may be limited by the scope and definitions of
the trial.
Sec. 299. EMPLOYER SPONSORED INSURANCE
(a) The office of Vermont health access with the assistance of the
department of banking, insurance, securities and health care administration
shall develop a program to provide subsidies for individuals applying for and
enrolled in the Vermont health access program and the Dr. Dynasaur program
who have employer sponsored health insurance. The office and department
shall report to the health access oversight committee, the senate and house
appropriations committees, the senate committee on health and welfare and the
house committee on human services with a plan for the employer-sponsored
insurance program no later than January 15, 2006. The plan shall include
recommendations for the subsidy amounts to be provided for each program by
relevant income amounts based on federal poverty level, administrative cost
estimates, implementation timelines, existing employer sponsored insurance
options, a recommendation on the minimum health insurance coverage to be
subsidized, and a recommendation on how to define “affordable” coverage for
individuals, families and children by relevant income amounts based on federal
poverty level.
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
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
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(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.
(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), and Sec. 280 (Dr. Dynasaur and SCHIP premium
adjustments) of this act may be implemented no later than July 1, 2005.
Emergency rules adopted under this section remain in effect until superseded,
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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.
(c) Expedited rulemaking. Notwithstanding the provisions of chapter 25 of
Title 3, if specifically authorized by the general assembly by law, the agency of
human services may adopt rules pursuant to the following expedited
rulemaking process:
(1) The agency shall file proposed rules with the secretary of state and
the legislative committee on administrative rules under 3 V.S.A. §841 after
copies are sent to the house committees on appropriations and human services
and after publication in three daily newspapers with the highest average
circulation in the state of a notice that lists the rules to be adopted pursuant to
this process and a seven-day public comment period following publication.
(2) The agency shall file final proposed rules with the legislative
committee on administrative rules 14 days after the public comment period.
(3) The legislative committee on administrative rules shall review and
may approve or object to the final proposed rules under 3 V.S.A. § 842, except
that its action shall be completed no later than 14 days after the final proposed
rules are filed with the committee.
(4) The agency may adopt a properly filed final proposed rule after the
passage of 14 days from the date of filing final proposed rules with the
legislative committee on administrative rules or after receiving notice of
approval from the committee, provided the agency:
(A) has not received a notice of objection from the legislative
committee on administrative rules; or
(B) after having received a notice of objection from the committee,
has responded pursuant to 3 V.S.A. § 842.
(5) Rules adopted under this section shall be effective upon being filed
with the secretary of state and shall have the full force and effect of rules
adopted pursuant to chapter 25 of Title 3. Rules filed by an agency with the
secretary of state pursuant to this section shall be deemed to be in full
compliance with 3 V.S.A. § 843 and shall be accepted by the secretary of state
if filed with a certification by the secretary of human services that the rule is
required to meet the purposes of this section.
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
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assets used to determine eligibility of individuals for long-term care coverage
under the expedited rulemaking authority granted in Sec. 302(c) 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 expedited
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 reduce 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
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;
(8) To penalize transfers beginning on the first day of the month
following the date of the transfer.
(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 expedited rulemaking
authority set out in Sec. 302(c) 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
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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)(VI), 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.
(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) and Sec. 310 of
this act is completed, the proposed changes to the preferred drug list have been
reviewed by the drug utilization review board, and the health access oversight
committee has made any recommendations to the drug utilization review board
no later than September 15, 2005.
(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
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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.
(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.
(5) 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
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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 to
consider information relating to a pharmaceutical rebate or to supplemental
rebate agreements, which is 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.
Sec. 308a. 1 V.S.A. § 313(a) is amended to read:
(a) No public body described in section 312 of this title may hold an
executive session from which the public is excluded, except by the affirmative
vote of two-thirds of its members present in the case of any public body of
state government or of a majority of its members present in the case of any
public body of a municipality or other political subdivision. A motion to go
into executive session shall indicate the nature of the business of the executive
session, and no other matter may be considered in the executive session. Such
vote shall be taken in the course of an open meeting and the result of the vote
recorded in the minutes. No formal or binding action shall be taken in
executive session except actions relating to the securing of real estate options
under subdivision (2) of this subsection. Minutes of an executive session need
not be taken, but if they are, shall not be made public subject to section
subsection 312(b) of this title. A public body may not hold an executive
session except to consider one or more of the following:
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(9) information relating to a pharmaceutical rebate or to supplemental
rebate agreements, which is 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,
considered pursuant to 33 V.S.A. §1998(f)(2) and §2002(c).
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
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 health access
oversight committee has reviewed the report as provided for in Sec.
305(a)(2)(A) of H-516 of the 2005 legislative session.
(B) The commissioner of prevention, assistance, transition, and health
office of Vermont health access shall report to the 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,
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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 to reduce net prescription drug costs by
means of any negotiation strategy which the commissioner director 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 director may negotiate through a purchasing pool or directly
with manufacturers. 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 cost-benefit 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.
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(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
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) On July 1, 2006, the premiums for the pharmaceutical assistance
programs established in 33 V.S.A. §2074 shall be increased as follows:
(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 $42.00 per month.
(b) On July 1, 2006, the base cost-sharing amount for V-Pharm shall be
increased to:
(1) $15.00 per month or $180.00 per year in the case of recipients
whose household income is no greater than 150 percent of the federal poverty
level.
(2) $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.
(3) $42.00 per month or $504.00 per year 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.
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.
(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.
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(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.
The supplemental
coverage under subsection (c) of this section shall provide only the same
pharmaceutical coverage as the Medicaid program to enrolled individuals
whose income is not greater than 150 percent of the federal poverty guidelines
and only coverage for maintenance drugs for enrolled individuals whose
income is greater than 150 percent and no greater than 225 percent of the
federal poverty guidelines.
(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 by paying or subsidizing:
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1513
(1) the actual 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
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;
(3) the following pharmaceuticals if they are not covered by the
individual’s Medicare part D prescription drug plan: 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; and
(4) pharmaceuticals that are not covered after the individual has
exhausted the Medicare part D prescription drug plan's appeal process or the
prescription drug plan's transition plan approved by the Centers for Medicare
and Medicaid Services, and that are deemed medically necessary by the
individual's prescriber in a manner established by the director of the office of
Vermont health access. The coverage decision under this subdivision shall not
be subject to the exceptions process established under Medicaid. An individual
may appeal to the human services board or pursue any other remedies provided
by law.
(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 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 base cost-sharing
amounts which shall be indexed to the increases established under 42 C.F.R.
§423.104(d)(5)(iv) and then rounded to the nearest dollar amount:
(A) $13.00 per month or $156.00 per year in the case of recipients
whose household income is no greater than 150 percent of the federal poverty
level.
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(B) $17.00 per month or $204.00 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) $35.00 per month or $420.00 per year 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.
§ 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
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1515
(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 no greater than
150 percent of the federal poverty level, such premium shall be $13.00 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 $17.00 per month.
(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 $35.00 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.
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§ 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
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.
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§ 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 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.
(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 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 Centers 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.
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(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;
(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.
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(2) For the purpose of this section, “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.
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
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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
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
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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), 154a, 162a, 165a,
173a, 193, 205c, 250(c), 255, 263, 272, 277c, 277d, 277e, 277f, 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.
SUSAN J. BARTLETT
RICHARD W. SEARS, JR.
DIANE B. SNELLING
Committee on the part of the Senate
MARTHA P. HEATH
MARK LARSON
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative on a roll call,
Yeas 24, Nays 0.
Senator Sears having demanded the yeas and nays, they were taken and are
as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Bartlett,
Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard,
Illuzzi, Kitchel, Kittell, Leddy, Lyons, Maynard, Mazza, Miller, Mullin, Sears,
Snelling, Welch, White, Wilton.
Those Senators who voted in the negative were: None.
Those Senators absent and not voting were: Coppenrath, Gander,
MacDonald, Scott, Shepard, Starr.
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Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
S. 15.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
An act relating to voyeurism.
Was taken up for immediate consideration.
Senator Sears, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 15. An act relating to voyeurism.
Respectfully reports that it has met and considered the same and
recommends that the House recede from its proposals of amendment and that
the bill be amended by striking out all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. SHORT TITLE
This act may be referred to and cited as “The Safe Communities Act.”
Sec. 2. 13 V.S.A. § 2638 is added to read:
§ 2638. VOYEURISM
(a) As used in this section:
(1) “Bona fide private investigator or bona fide security guard” means
an individual lawfully providing services, whether licensed or unlicensed,
pursuant to sections 3151 and 3151a of Title 26.
(2) “Female breast” means any portion of the female breast below the
top of the areola.
(3) “Circumstances in which a person has a reasonable expectation of
privacy” means circumstances in which a reasonable person would believe that
his or her intimate areas would not be visible to the public, regardless of
whether that person is in a public or private area.
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(4) “Intimate areas” means the naked or undergarment-clad genitals,
pubic area, buttocks, or female breast of a person.
(5) “Place where a person has a reasonable expectation of privacy”
means:
(A) a place in which a reasonable person would believe that he or she
could disrobe in privacy, without his or her undressing being viewed by
another; or
(B) a place in which a reasonable person would expect to be safe
from unwanted intrusion or surveillance.
(6) “Surveillance” means secret observation of the activities of another
person for the purpose of spying upon and invading the privacy of the person.
(7) “View” means the intentional looking upon another person for more
than a brief period of time, in other than a casual or cursory manner, with the
unaided eye or a device designed or intended to improve visual acuity.
(b) No person shall intentionally view, photograph, film, or record in any
format:
(1) the intimate areas of another person without that person’s knowledge
and consent while the person being viewed, photographed, filmed, or recorded
is in a place where he or she would have a reasonable expectation of privacy;
or
(2) the intimate areas of another person without that person’s knowledge
and consent and under circumstances in which the person has a reasonable
expectation of privacy.
(c) No person shall disseminate any image recorded in violation of
subsection (b) of this section.
(d) No person shall intentionally conduct surveillance or intentionally
photograph, film, or record in any format a person without that person’s
knowledge and consent while the person being surveilled, photographed,
filmed, or recorded is in a place where he or she would have a reasonable
expectation of privacy within a home or residence. Bona fide private
investigators and bona fide security guards engaged in otherwise lawful
activities within the scope of their employment are exempt from this
subsection.
(e) This section shall apply to a person who intentionally views,
photographs, films, or records the intimate areas of a person as part of a
security or theft prevention policy or program at a place of business.
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(f) This section shall not apply to:
(1) a law enforcement officer conducting official law enforcement
activities in accordance with state and federal law; or
(2) official activities of the department of corrections, a law enforcement
agency, the agency of human services, or a court for security purposes or
during the investigation of alleged misconduct by a person in the custody of
the department of corrections, a law enforcement agency, the agency of human
services, or a court.
(g) This section is not intended to infringe upon the freedom of the press to
gather and disseminate news as guaranteed by the First Amendment to the
Constitution of the United States.
(h) It shall be an affirmative defense to a violation of subsection (b) of this
section that the defendant was a bona fide private investigator or bona fide
security guard conducting surveillance in the ordinary course of business, and
the violation was unintentional and incidental to otherwise legal surveillance.
However, an unintentional and incidental violation of subsection (b) of this
section shall not be a defense to a violation of subsection (c).
(i) For a first offense, a person who violates subsection (b) or (d) of this
section shall be imprisoned not more than two years or fined not more than
$1,000.00, or both. For a second or subsequent offense, a person who violates
subsection (b) or (d) of this section shall be imprisoned not more than three
years or fined not more than $5,000.00, or both. A person who violates
subsection (c) of this section shall be imprisoned not more than five years or
fined not more than $5,000.00, or both.
Sec. 3. 13 V.S.A. § 5401(10) is amended to read:
(10) “Sex offender” means:
(A) A person who is convicted in any jurisdiction of the United
States, including a state, territory, commonwealth, the District of Columbia, or
military, federal, or tribal court of any of the following offenses:
(i) sexual assault as defined in 13 V.S.A. § 3252;
(ii) aggravated sexual assault as defined in 13 V.S.A. § 3253;
(iii) lewd and lascivious conduct as defined in 13 V.S.A. § 2601;
(iv)
sexual activity by a caregiver as defined in 33 V.S.A.
§ 6913(d);
(v) second or subsequent conviction for voyeurism as defined in
13 V.S.A. § 2638(b) or (c); and
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(vi) an attempt to commit any offense listed in this subdivision.
***
Sec. 4. 13 V.S.A. § 1061 is amended to read:
§ 1061. DEFINITIONS
As used in this subchapter,:
(1) “Stalk” means to engage in a course of conduct which consists of
following or, lying in wait for, or harassing, and:
(A) serves no legitimate purpose; and
(B) causes the would cause a reasonable person to fear for his or her
physical safety or causes the would cause a reasonable person substantial
emotional distress.
(2) “Course of conduct” means a pattern of conduct composed of two or
more acts over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within the meaning
of “course of conduct.”
(3) “Following” means maintaining over a period of time a visual or
physical proximity to another person in such manner as would cause a
reasonable person to have a fear of unlawful sexual conduct, unlawful restraint,
bodily injury, or death.
(4) “Harassing” means a course of conduct actions directed at a specific
person, or a member of the person’s family, which would cause a reasonable
person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or
death, including but not limited to verbal threats, written, telephonic, or other
electronically communicated threats, vandalism, or unconsented to physical
contact without consent.
(5) “Lying in wait” means hiding or being concealed for the purpose of
attacking or harming another person.
Sec. 5. 13 V.S.A. § 1063 is amended to read:
§ 1063. AGGRAVATED STALKING
(a) A person commits the crime of aggravated stalking if the person
intentionally stalks another person;, and:
(1) such conduct violates a court order that prohibits stalking and is in
effect at the time of the offense; or
(2) has been previously convicted of stalking or aggravated stalking; or
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(3) has been previously convicted of an offense an element of which
involves an act of violence against the same person; or
(4) the person being stalked is under the age of 16 years; or
(5) had a deadly weapon, as defined in section 1021 of this title, in his or
her possession while engaged in the act of stalking.
(b) A person who commits the crime of aggravated stalking shall be
imprisoned not more than five years or be fined not more than $25,000.00, or
both.
(c) Conduct constituting the offense of aggravated stalking shall be
considered a violent act for the purposes of determining bail.
Sec. 6. 13 V.S.A. § 1024 is amended to read:
§ 1024. AGGRAVATED ASSAULT
(a) A person is guilty of aggravated assault if he the person:
(1) attempts to cause serious bodily injury to another, or causes such
injury purposely, knowingly, or recklessly under circumstances manifesting
extreme indifference to the value of human life; or
(2) attempts to cause or purposely or knowingly causes bodily injury to
another with a deadly weapon; or
(3) for a purpose other than lawful medical or therapeutic treatment, he
the person intentionally causes stupor, unconsciousness, or other physical or
mental impairment or injury to another person by administering to him, the
other person without his the other person’s consent, a drug, substance, or
preparation capable of producing the intended harm; or
(4) with intent to prevent a law enforcement officer from performing a
lawful duty, he the person causes physical injury to any person; or
(5) is armed with a deadly weapon and threatens to use the deadly
weapon on another person.
(b) A person found guilty of violating a provision of subsection subdivision
(a)(1) or (2) of this section shall be imprisoned for not more than 15 years or
fined not more than $10,000.00, or both.
(c) A person found guilty of violating a provision of subsection
subdivisions (a)(3) or, (4), or (5) of this section shall be imprisoned for not
more than five years or fined not more than $5,000.00, or both.
(d) Subdivision (a)(5) of this section shall not apply if the person
threatened to use the deadly weapon:
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(1) In the just and necessary defense of his or her own life or the life of
his or her husband, wife, civil union partner, parent, child, brother, sister,
guardian, or ward;
(2) In the suppression of a person attempting to commit murder, sexual
assault, aggravated sexual assault, burglary, or robbery; or
(3) In the case of a civil or military officer lawfully called out to
suppress a riot or rebellion, prevent or suppress an invasion, or assist in serving
legal process, in suppressing opposition against him or her in the just and
necessary discharge of his or her duty.
(e) Subsection (d) of this section shall not be construed to limit or infringe
upon defenses granted at common law.
Sec. 7. 20 V.S.A. § 1932 is amended to read:
§ 1932. DEFINITIONS
As used in this subchapter:
***
(12) “Violent Designated crime” means any of the following offenses:
(A) assault and robbery with a dangerous weapon as defined in
subsection 608(b) of Title 13 a felony;
(B) assault and robbery causing bodily injury as defined in subsection
608(c) of Title 13;
(C) aggravated assault as defined in section 1024 of Title 13;
(D) murder as defined in section 2301 of Title 13;
(E) manslaughter as defined in section 2304 of Title 13;
(F) kidnapping as defined in section 2405 of Title 13 or its
predecessor as it was defined in section 2401 of Title 13;
(G) first degree unlawful restraint as defined in section 2407 of Title
13;
(H) maiming as defined in section 2701 of Title 13;
(I) first degree aggravated domestic assault as defined in section 1043
of Title 13 where the defendant causes serious bodily injury to another person;
(J) sexual assault as defined in 13 V.S.A. §§ 3252(a)(1), (2) and (4),
and 3252(b) or the predecessor offenses as defined in section 3201 of Title 13;
(K) aggravated sexual assault as defined in section 3253 of Title 13;
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(L)
lewd and lascivious conduct as defined in section 2601 of
Title 13;
(M) lewd or lascivious conduct with a child as defined in section
2602 of Title 13;
(N) sexual activity by a caregiver with an elderly or disabled adult, as
defined in 33 V.S.A. § 6913(d), where the sexual activity is exploitation as
described in 33 V.S.A. § 6902(7)(D);
(O) sexual exploitation of children as defined in 13 V.S.A. §§ 2822,
2823 and 2824;
(P) burglary as defined in 13 V.S.A. § 1201;
(Q)
§ 3705(d);
unlawful trespass of a residence as defined in 13 V.S.A.
(R) an attempt to commit any offense listed in this subdivision; or
(S)(C) any other offense, if, as part of a plea agreement in an action
in which the original charge was a crime listed in this subdivision and probable
cause was found by the court, there is a requirement that the defendant submit
a DNA sample to the DNA data bank.
Sec. 8. 20 V.S.A. § 1933 is amended to read:
§ 1933. DNA SAMPLE REQUIRED
(a) The following persons shall submit a DNA sample:
(1) every person convicted in a court in this state of a violent designated
crime on or after the effective date of this subchapter; and
(2) every person who was convicted in a court in this state of a violent
designated crime prior to the effective date of this subchapter and, after the
effective date of this subchapter, is:
(A) in the custody of the commissioner of corrections pursuant to
28 V.S.A. § 701;
(B) on parole for a violent designated crime;
(C) serving a supervised community sentence for a violent designated
crime; and
(D) on probation for a violent designated crime.
(b) A person serving a sentence for a violent designated crime in a
correctional facility shall have his or her DNA samples collected or taken at
the receiving correctional facility, or at a place and time designated by the
commissioner of corrections or by a court.
SATURDAY, JUNE 4, 2005
1529
(c) A person serving a sentence for a violent designated crime not confined
to a correctional facility shall have his or her DNA samples collected or taken
at a place and time designated by the commissioner of corrections, the
commissioner of public safety, or a court.
Sec. 9. 20 V.S.A. § 1940 is amended to read:
§ 1940. EXPUNGEMENT OF RECORDS AND DESTRUCTION OF
SAMPLES
(a) If a person’s conviction of a violent designated crime is reversed and
the case is nolle prosequi or dismissed or the person is granted a full pardon,
the court with jurisdiction or, as the case may be, the governor, shall so notify
the department, and the person’s DNA record in the state DNA database and
CODIS and the person’s DNA sample in the state DNA data bank shall be
removed and destroyed. The laboratory shall purge the DNA record and all
other identifiable information from the state DNA database and CODIS and
destroy the DNA sample stored in the state DNA data bank. If the person has
more than one entry in the state DNA database, CODIS, or the state DNA data
bank, only the entry related to the dismissed case shall be deleted. The
department shall notify the person upon completing its responsibilities under
this subsection, by certified mail addressed to the person’s last known address.
***
Sec. 10. 20 V.S.A. § 1946 is added to read:
§ 1946. REPORT FROM COMMISSIONER
The commissioner of public safety shall report annually no later than
January 15 to the senate and house committees on judiciary regarding the
administration of the DNA databank, any backlogs in processing samples, and
staffing and funding issues related to any backlog.
Sec. 11. FUNDING FOR DNA DATABANK EXPANSION
There is a general fund appropriation of $30,000.00 plus available matching
funds in H.516 which shall be used to address the DNA processing associated
with this act. This funding includes hiring additional staff at the Vermont
crime lab.
Sec. 12. 24 V.S.A. § 1940 is added to read:
§ 1940. TASK FORCES; SPECIALIZED INVESTIGATIVE UNITS;
BOARD; GRANTS
(a) A task force or specialized investigative unit organized and operating
under section 1938 of this title may accept, receive, and disburse in furtherance
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of its duties and functions any funds, grants, and services made available by
the state of Vermont and its agencies, the federal government and its agencies,
any municipality or other unit of local government, or private or civic sources.
(b) A specialized investigative unit grants board is created which shall be
comprised of the attorney general, the secretary of administration, the
executive director of the department of state’s attorneys, the commissioner of
the department of public safety, the executive director of the center for crime
victim services, and the executive director of the Vermont League of Cities and
Towns. Specialized investigative units organized and operating under section
1938 of this title for the investigation of sex crimes, child abuse, elder abuse,
domestic violence, or crimes against those with physical or developmental
disabilities may apply to the board for a grant or grants covering the costs of
salaries and employee benefits to be expended during a given year for the
performance of unit duties as well as unit operating costs for rent, utilities,
equipment, training, and supplies. Grants under this section shall be approved
by a majority of the entire board and shall not exceed 50 percent of the yearly
salary and employee benefit costs of the unit.
(c) The board may adopt rules relating to grant eligibility criteria, processes
for applications, awards, and reports related to grants authorized pursuant to
this section. The attorney general shall be the adopting authority.
Sec. 13. 13 V.S.A. § 5411a is amended to read:
§ 5411a. ELECTRONIC POSTING OF THE SEX OFFENDER REGISTRY
***
(l) If a sex offender’s information is required to be posted electronically
pursuant to subdivision (a)(2) of this section, the department shall list the
offender’s convictions for any crime listed in subdivision 5401(10) of this title,
regardless of the date of the conviction or whether the offender was required to
register as a sex offender based upon that conviction.
Sec. 14. 13 V.S.A. § 5412 is amended to read:
§ 5412.
ACTIVE COMMUNITY NOTIFICATION BY THE
DEPARTMENT OF PUBLIC SAFETY, THE DEPARTMENT OF
CORRECTIONS, AND LOCAL LAW ENFORCEMENT; IMMUNITY
(a) The department, the department of corrections, any authorized local law
enforcement agency, and their employees shall be immune from liability in
carrying out the provisions under this subchapter except in instances of gross
negligence or willful misconduct, provided that the agencies complied with the
rules adopted pursuant to this subchapter.
SATURDAY, JUNE 4, 2005
1531
(b) Nothing in this subchapter shall be construed to prevent the The
department, the department of corrections, and any authorized local law
enforcement agency from notifying are authorized to notify members of the
public who are likely to encounter a sex offender who poses a danger under
circumstances that are not enumerated in this subchapter.
(c) Notification of the community beyond those persons likely to encounter
a sex offender shall be authorized only under circumstances which constitute a
compelling risk to public safety and only after consultation with the Vermont
crime information center and the department of corrections.
(d) Active community notification regarding registered sex offenders who
may pose a danger to members of the community is an important public safety
tool which the general assembly intends for authorized agencies to use at their
discretion in accordance with this subchapter.
Sec. 15.
NOTICE OF AUTHORITY FOR ACTIVE COMMUNITY
NOTIFICATION
(a) When the general assembly created the sex offender registry through
the adoption of No. 124 of the Acts of the 1995 Adj. Sess. (1996), it granted
authority to the department of public safety, the department of corrections, and
local law enforcement agencies to notify actively members of the public of any
registered sex offender who might pose a danger to them in the community.
The general assembly finds that this authority has been utilized inconsistently
among agencies statewide.
(b) In No. 157 of the Acts of the 2003 Adj. Sess. (2004), the general
assembly required the department of public safety to establish and conduct, in
cooperation with the department of corrections, a comprehensive training
program to inform and instruct law enforcement and corrections personnel on
the operation of the sex offender registry and sex offender community
notification, including authority to conduct active community notification. The
general assembly appropriated $25,000.00 for the training.
(c) Amendments in this act to 13 V.S.A. § 5412 are clarifications of
existing law and intended to dispel any ambiguities as to the authority of
designated agencies to notify when appropriate the public of sex offenders who
are living in the community.
(d) The department of public safety shall send notice of the amendments to
sex offender laws in this act to all law enforcement agencies in the state, and of
their authority to engage in active community notification in accordance with
subchapter 3 of chapter 167 of Title 13. The department of corrections shall
send notice of the amendments to sex offender laws in this act to all probation
and parole officers in the state, and of their authority to engage in active
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community notification in accordance with subchapter 3 of chapter 167 of
Title 13. This notice shall be sent no later than September 1, 2005.
Sec. 16. 13 V.S.A. § 5411b is amended to read:
§ 5411b. DESIGNATION OF HIGH-RISK SEX OFFENDER
***
(d) The department of corrections shall identify those sex offenders under
the supervision as of the date of passage of this act who are high-risk and shall
designate them as such no later than September 1, 2005.
Sec. 17.
SEX
COMMITMENT
OFFENDER
COMMUNITY
REENTRY;
CIVIL
(a) The House Committee on Judiciary finds that the vast majority of
convicted sex offenders eventually returns to the community, either on
probation, parole, community sentence, or having reached their maximum
sentence. It is essential that policymakers determine the appropriate manner to
maximize Vermont resources to have the greatest impact on public safety with
regard to sex offenders.
(b) Testimony indicates that a very small number of dangerous sex
offenders, estimated at one to two offenders a year by the department of public
safety, poses a particularly high risk to community safety. The committee
recognizes the need to address not only these particularly dangerous offenders,
but the return of all sex offenders to Vermont communities.
(c) In order to address the risks that convicted sex offenders may pose in
the community, the House Committee on Judiciary shall meet in the summer
and fall of 2005 to continue its consideration and examination of current public
safety and corrections policy regarding sexual violence and the return of sex
offenders to our communities. These meetings shall include consideration of
civil commitment and other policy alternatives.
(d) The committee has taken considerable testimony on the option of civil
commitment of sex offenders and strongly believes that more information is
needed. Proposals submitted to the committee on behalf of the administration
lacked essential information regarding implementation of such a program,
funding needs and resources, staffing requirements and resources, and
treatment plans. Without such details, it is impossible for the committee to
determine whether such a program is the best approach to community safety
and whether such a program would be constitutional as applied.
(e) The committee shall also consider the best practices with regard to
investigation, prosecution, sentencing, and prison treatment of sex offenders.
Issues shall include special prosecution units, presentence investigations,
SATURDAY, JUNE 4, 2005
1533
presentence risk assessment and psychosexual evaluations, enhanced criminal
penalties, and successful treatment models.
(f) The committee is authorized to meet five times during the summer and
fall of 2005 and shall have the assistance and cooperation of all state and local
agencies and departments. The legislative council and the joint fiscal office
shall provide professional and administrative support for the committee.
(g) Committee members shall be entitled to per diem compensation and
reimbursement for expenses in accordance with 2 V.S.A. § 406.
(h) The commissioner of health, commissioner of public safety, and
commissioner of corrections shall jointly submit a report to the house
committee on judiciary regarding the administration’s proposals for civil
commitment of sex offenders. The report shall be submitted no later than
August 1, 2005.
(i) The report shall address the administration’s three options, including
out-of-state placement, a Vermont facility-based program, and a module-based
program. The report shall address, at a minimum, the following:
(1) Capacity.
(2) Staffing.
(3) Treatment.
(4) Program and capital costs.
(j) The report shall include findings regarding community based out-patient
civil commitment and address 24-hour staff supervision of offenders, GPS
monitoring, and viability of staffed halfway houses.
(k) The report shall include findings regarding which states will accept
Vermont sexually violent predators who have been civilly committed, the cost,
the duration, and number of offenders.
(l) The report shall include the impacts of dedicating a wing of an existing
Vermont correctional facility, including the cost of displacing Vermont
inmates to an out-of-state facility, as well as capital costs for retrofitting a
designated wing for sexually violent predators.
Sec. 18. CRIMINAL CODE STUDY COMMITTEE
Subsections (c) and (d) of Sec. 293 of No. 122 of the Acts of the 2003 Adj.
Sess. (2004) are amended to read:
(c) The committee shall consist of the following members:
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(1) two three members of the senate appointed by the committee on
committees, one of whom shall be the chair of the committee on judiciary;
(2) two three members of the house of representatives appointed by the
speaker, one of whom shall be the chair of the committee on judiciary;
***
(d)(1) The committee shall consider the following:
***
(2) The committee shall also consider whether Vermont should establish
a permanent sentencing commission.
The committee shall make
recommendations with regard to the mission and obligations of such a
commission, the members of the commission, and the administration of the
commission.
Sec. 19. EFFECTIVE DATE
Sec. 18 shall take effect upon passage.
And that the title of the bill be amended to read:
AN ACT RELATING TO COMMUNITY SAFETY.
RICHARD W. SEARS, JR.
JOHN F. CAMPBELL
KEVIN J. MULLIN
Committee on the part of the Senate
WILLIAM J. LIPPERT, JR.
MAXINE GRAD
MICHAEL KAINEN
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the Governor forthwith.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
S. 56.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
SATURDAY, JUNE 4, 2005
1535
An act relating to restructuring the agency of natural resources.
Was taken up for immediate consideration.
Senator Lyons, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 56. An act relating to restructuring the agency of natural resources.
Respectfully reports that it has met and considered the same and
recommends that the House recede from its proposals of amendment and that
the bill be amended by striking out all after the enacting clause, and inserting
the following:
Sec. 1. LEGISLATIVE FINDINGS AND PRINCIPLES
The general assembly finds:
(1) The lives of all Vermonters are affected by the agency of natural
resource’s ability to carry out its duties to protect and responsibly manage
Vermont’s precious natural resources for the benefit of current and future
generations.
(2) The following obstacles currently prevent the agency of natural
resources from consistently meeting its statutory obligations:
(A) Agency of natural resources programs in the three agency
departments (the department of environmental conservation, the department of
fish and wildlife, and the department of forests, parks and recreation) are not
always sufficiently well integrated.
(B) A significant number of agency of natural resources staff work in
regional offices throughout the state. These staff are familiar with and focused
on meeting the unique natural resources challenges of their regions. However,
there is also a need to ensure that the practices implemented in the regions are
connected to basic agency-wide policies and to the agency management
system. If coordination between regional and central agency staff is
insufficient, inconsistent application of agency policies may result.
(C) The following examples attest to the challenges faced by the
agency of natural resources in meeting state and federal statutory mandates in a
timely manner:
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(i) The agency has not completed the basin planning requirement
in state and federal law.
(ii) The agency has not completed basic, minimal groundwater
mapping for aquifers serving public water systems as required by state law.
(iii) The agency has not completed implementation of key
components of the federal Clean Water Act, such as developing total
maximum daily loads (TMDL) and developing an antidegradation
implementation policy.
(D) Public and agency attention to simplifying and streamlining the
permitting process for applicants should be accompanied by commensurate
progress in measuring the effectiveness of the regulatory process in protecting
the interests of others and in determining and tracking the status and the health
of the natural resources that it is the agency’s mission to protect.
(E) The problems faced by the agency of natural resources may be
the result of a lack of agency resources, complex and interwoven statutory
programs established at different times and often in response to different
federal laws, restrictions on the use of federal funds, an inefficient allocation of
existing resources, inefficiencies in the agency management structure, or any
combination of these and other factors.
(F) Currently, there is not a clear and consistent connection between
the agency’s own policy, planning, and implementation work and core
environmental issues that are being addressed to some degree by other state
agencies (including state long-range transportation planning, energy planning,
and planning to address global climate change).
(3) Good policy and planning are vital to any large agency’s ability to
efficiently carry out its responsibilities. The agency’s planning and policy
efforts must be well connected, based on the law, and communicated to the
staff who implement these policies. The agency’s internal policy must be
coordinated with planning efforts in the individual departments.
(4) The agency must have a clear, well articulated vision to implement
the state’s environmental policy as established by law. This must be done in a
manner that connects to the work of all the departments and guides staff
implementation.
Sec. 2. RESTRUCTURING PROCESS
(a) A statewide advisory group, the Natural Resources Re-organization
Committee (NRRC), is created to advise the secretary on the design of a
restructured agency. It shall consist of no more than 13 members, who shall be
appointed as follows: two members of the house appointed by the Speaker of
SATURDAY, JUNE 4, 2005
1537
the House, two members of the senate appointed by the President Pro Tem;
nine members appointed by the secretary of natural resources, in consultation
with the Speaker of the House and the President Pro Tem, as follows: one
representing regulated business and development interests; one representing
environmental organizations; one representing fish and wildlife interests; one
representing the interests of forests and parks; one representing recreational
interests; one representing local government; one representing the regional
planning commissions; one representing the Vermont State Employees
Association; and one representing citizens’ groups. Appointments shall be
made no later than June 15, 2005, and shall be for terms of one year.
(1) The secretary shall convene the first meeting of NRRC no later than
July 1, 2005, at which point the committee shall select its own officers.
(2) The NRRC shall hold public hearings with respect to the functions
of the agency, and the issues identified in this act, in each of the agency’s five
administrative districts, provide public notice of each public hearing, and
inform the secretary and the legislative committees on natural resources and
energy and on government operations of their recommendations.
(3) The NRRC shall establish a process to solicit input from agency
staff. For purposes of this act only, the provisions of the collective bargaining
contract article on whistle blower, as printed in the agreements between the
State of Vermont and the Vermont State Employees’ Association, are extended
to all employees in the agency not covered by these agreements.
(4) Members of the NRRC not receiving compensation for service on
the advisory group from another source are entitled to compensation under
section 1010 of Title 32.
(b) The secretary shall engage in the following process as preliminary steps
in a potential restructuring of the agency:
(1) In order to implement state environmental policy for the benefit of
current and future generations, the secretary, with the assistance of a consultant
and in consultation with the NRCC, shall:
(A) Collaborate with agency staff, advocacy groups, other state
agencies, municipalities, and other stakeholders to receive input on
organizational models and the design of the agency. This process may include
focus groups, public meetings, newsletters, surveys, and the use of a website.
(B) Collaborate with agency staff, advocacy groups, other state
agencies, municipalities, and other stakeholders to determine specific
accountability indicators needed to measure agency restructuring, both with
respect to the reallocation of agency resources and personnel, but also with
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respect to the agency’s ability to perform its duties to protect the state’s natural
resources.
(C) Examine areas where consultation may be needed, such as
information technology design, federal cost allocation, and organizational
development.
(D) Identify and implement staff development programs necessary to
assist the agency staff to carry out their responsibilities in the restructured
agency.
(2) The secretary shall examine functions, such as administrative
support and supervision, and space requirements necessary to ensure the
agency’s ability to be responsive and helpful to permit applicants, neighbors,
and others interested in and affected by the permitting process.
(3) On or before January 15, 2006, the secretary shall prepare a draft
report on restructuring, provide the draft report to the NRRC for review and
comments, make any appropriate revisions to the draft report, and submit a
final report to the legislative committees on natural resources and energy and
on government operations and to the house committee on fish, wildlife, and
water resources.
(A) The report shall contain recommendations to restructure the
agency, and a progress report on the procedures followed and on
administrative actions that have been taken or that are being taken to complete
the process. The report shall list persons and organizations who have
participated in the process, and shall include:
(i) Identification of resources and agency action that would be
required to implement fully and adequately state and federal natural resources
law.
(ii) A plan for making the agency’s permit process, enforcement
actions, planning, and other functions more accessible in order to be more
effective, efficient, transparent, integrated, and accountable. This shall include
resources required and a recommended time frame needed for implementation
of the plan;
(iii) Accountability mechanisms to ensure that alleged permit
violations are forwarded to the agency’s enforcement division, that there is a
sufficient enforcement presence to give the natural resources the protection
anticipated by the pertinent underlying legislation and that those who do not
comply with the law are not given an unfair advantage over those who do;
(iv) Provision of policy guidance from the agency’s planning
efforts to coordinate between the agency’s departments and divisions in a
SATURDAY, JUNE 4, 2005
1539
manner that protects the state’s resources while responding to legitimate
interests of applicants and others involved in the permitting process;
(B) The report shall include any draft legislation necessary to
eliminate contradictions that have been identified to date in existing statutes,
and to allow progress in any reorganization proposed by the agency;
(C) The report shall explain the anticipated budgetary impacts and
transitional costs of the proposed restructuring; and
(D) The report shall include recommendations for improving
coordination of functions that are shared with, or that overlap with, those of
other state agencies and units of local government.
Sec. 3. APPROPRIATION
The sum of $50,000.00 is appropriated from the general fund to the agency
of natural resources in fiscal year 2006 for the purpose of hiring a
consultant-facilitator to assist in implementation of this act.
VIRGINIA V. LYONS
SUSAN J. BARTLETT
DIANE B. SNELLING
Committee on the part of the Senate
JIM MASLAND
JOSEPH KRAWCZYK
JIM MCCULLOUGH
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the Governor forthwith.
Rules Suspended; Third Reading Ordered, Rules Suspended; Bill Passed
in Concurrence; Rules Suspended; Bill Messaged
H. 325.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to workers’ compensation compensability of heart attacks
suffered by firefighters and police officers.
Was taken up for immediate consideration.
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Senator Illuzzi, for the Committee on Economic Development, Housing and
General Affairs to which the bill was referred, reported recommending that the
bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Third Reading Ordered, Rules Suspended; Bill Passed
in Concurrence; Rules Suspended; Bill Messaged
H. 314.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to agricultural development.
Was taken up for immediate consideration.
Senator Wilton, for the Committee on Agriculture, to which the bill was
referred, reported recommending that the bill ought to pass in concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Senate Resolution Adopted
Senate resolution of the following title was offered, read and adopted, and is
as follows:
By Senators Dunne, Collins, Condos, Flanagan, Giard, Illuzzi, Kitchel,
Lyons, MacDonald, Miller, Sears, Snelling, Welch and White,
S.R. 5. Senate resolution relating to urging state and federal actions to
punish the Sudanese government and corporations that conduct business in or
with the Sudan.
SATURDAY, JUNE 4, 2005
1541
Joint resolution strongly recommending state and federal actions to punish
the Sudanese government and corporations that conduct business with the
government of Sudan
Whereas, even though the factions involved in the long-running Sudanese
civil war recently signed a peace treaty ending their internal conflict, the
Sudanese government remains an international pariah due to its genocidal
treatment of Sudanese in the western region of the nation known as Darfur, and
Whereas, the Sudanese government has intentionally used “Janjaweed”
militias, its air force, and organized starvation to kill the population in Darfur,
and
Whereas, on several occasions within the last 12 months, Congress has
expressed in extremely strong terms, its outrage with the Sudanese
government, and
Whereas, on May 6, 2004, the United States Senate adopted S.Con. 99,
“condemn[ing] the Government of the Republic of Sudan and militia groups
supported by it for attacks against innocent civilians in the Darfur region of
western Sudan” and calling for a United Nations investigation “to determine if
crimes against humanity have been committed,” and
Whereas, on May 17, 2004, the United States House of Representatives
passed a similarly worded resolution, H.Con. Res. 403, and
Whereas, as even more information became available, on July 22, 2004, the
United States House of Representatives on a 422-0 roll call vote, with 12
abstentions, adopted an even more strongly condemnatory resolution, H.Con.
Res. 467 declaring that “atrocities unfolding in Darfur, Sudan are genocide,”
and
Whereas, on September 9, 2004, former Secretary of State Powell stated in
testimony before the U.S. Senate Foreign Relation Committee that the state
department had concluded genocide had been committed in Darfur and may
still be occurring, and
Whereas, on September 21, 2004, President Bush, in an address before the
United Nations General Assembly, stated that “the world is witnessing terrible
suffering and horrible crimes in the Darfur region of Sudan, crimes my
government has concluded are genocide,” and
Whereas, the United Nations estimates that 350,000 persons have been
killed in Darfur since the Sudanese government launched its genocidal attacks
in the region, and
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Whereas, in accordance with Executive Order No. 13067 which former
President Clinton issued on November 3, 1997, and that remains in effect,
although not enforced as vigilantly as it should be, American businesses are
prohibited from investing in or doing business with Sudan, and American
economic interaction with Sudan is severely limited to the exporting of
licensed agricultural commodities, the transfer of informational materials, and
the delivery of donated items, such as food, clothing, and medicine that are
intended to relieve human suffering, and
Whereas, on March 2 of this year, a bipartisan group of United States
senators introduced S.495, “to impose sanctions against perpetrators of crimes
against humanity in Darfur, Sudan,” and
Whereas, this legislation proposes to further tighten the existing American
economic sanctions against Sudan, and
Whereas, while no American home-based corporations are operating in
Sudan, corporations that are foreign-based, but that are listed on American
stock exchanges, do engage in commercial activities with this outlaw nation,
and
Whereas, Vermont’s three public pension systems, the Vermont State
Employees’ Retirement System, the Vermont State Teachers’ Retirement
System, and the Vermont Municipal Employees’ Retirement System, do have
financial assets in foreign-based corporations with Sudanese economic ties
worth at least $2 million and possibly in excess of $100 million, and
Whereas, such investments, even if they were made unintentionally, help to
support a government that our nation’s political leadership has stated is
committing genocide, and
Whereas, the conscience of Vermonters should not support providing any
form of assistance to this criminal and immoral Sudanese regime, now
therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly urges the state treasurer to work with the three
state retirement boards to implement a policy for the disinvestment of any
funds in corporations doing business with the government of Sudan and
strongly recommends that the three state retirement boards not invest any
further assets in a corporation that has any economic dealings with that outlaw
government, and be it further
Resolved: That the General Assembly strongly recommends that the state’s
policy of disinvestment should remain in force with respect to a specific
SATURDAY, JUNE 4, 2005
1543
corporation until there is undisputed documented evidence that it has severed
all ties with the government of Sudan, and be it further
Resolved: That the General Assembly strongly recommends that the state’s
overall policy of disinvestment should remain in force until the United States
declares that the government of Sudan has ceased all genocidal activities and is
treating all of its citizens with dignity and respect, and be it further
Resolved: That the United States Congress should adopt S.495 in order to
strengthen American sanctions against Sudan and that for similar reasons the
executive branch of the federal government should enforce Executive Order
13067, and be it further
Resolved: That the Secretary of the Senate be directed to send a copy of
this resolution to State Treasurer Jeb Spaulding, U.S. Secretary of State
Condoleezza Rice, and to the members of the Vermont Congressional
delegation.
Rules Suspended; Third Reading Ordered, Rules Suspended; Bill Passed
in Concurrence; Rules Suspended; Bill Messaged
H. 86.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to shortened property tax redemption period.
Was taken up for immediate consideration.
Senator Condos, for the Committee on Government Operations, to which
the bill was referred, reported recommending that the bill ought to pass in
concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Senate Resolution Adopted
Senate resolution of the following title was offered, read and adopted, and is
as follows:
By Senators Cummings, Doyle and Scott,
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JOURNAL OF THE SENATE
S.R. 6. Senate resolution congratulating the award winning Central
Vermont Community Action Head Start program.
Whereas, in 1965, the United States Office of Economic Opportunity
established Project Head Start as an eight-week summer program with two
goals: first, to help impoverished preschool children be better prepared for
school, and second, to assist in breaking the cycle of multigenerational
poverty, and
Whereas, the success of the first summer’s sessions soon led to the creation
of full-time Head Start programs nationwide, and
Whereas, Head Start is structured as a comprehensive program designed to
meet these youngsters emotional, health, nutritional, psychological, and social
needs, and
Whereas, Head Start is now a program within the United States Department
of Health and Human Services’ Administration on Children, Youth and
Families, and
Whereas, the program is administered locally through community-based
organizations and school systems, and the Central Vermont Community Action
(CVCA) is one of these local administrative agencies, and
Whereas, CVCA’s Head Start partners include the child development
program at the Vermont Agency of Human Services, the Vermont Department
of Education, the public school systems in central Vermont, parent-child
centers, registered family child care programs, and licensed child care centers,
and
Whereas, in December 2004, as a result of the most recent federal
monitoring review, the United States Administration on Children, Youth and
Families presented CVCA Head Start a Program of Excellence Award, and
Whereas, a second national honor was bestowed recently on the CVCA
Head Start when the National Head Start Association designated it as one of
the 40 outstanding Head Start programs in the entire country, and
Whereas, both these awards are strong evidence of the CVCA’s tremendous
success as a Head Start program administrator, and
Whereas, the CVCA Head Start, in celebration of these awards, and the
40th anniversary of Head Start, will hold a commemorative event on the State
House lawn on Friday June 10, now therefore be it
Resolved by the Senate:
That the Senate of the State of Vermont congratulates the award winning
Central Vermont Community Action Head Start program, and be it further
SATURDAY, JUNE 4, 2005
1545
Resolved: That the Secretary of the Senate be directed to send a copy of this
resolution to Marianne Miller, director of the Central Vermont Community
Action Head Start.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
H. 540.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on House
bill entitled:
An act relating to agricultural and forest land use value program.
Was taken up for immediate consideration.
Senator Kittell, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House bill entitled:
H. 540.
program.
An act relating to the agricultural and forest land use value
Respectfully reports that it has met and considered the same and
recommends that the House accede to the Senate proposal of amendment and
that the bill be further amended by adding three new sections, to be Secs. 3, 4,
and 5 to read as follows:
Sec. 3. 32 V.S.A. § 3752(1)(C)(iii) is amended to read:
(iii) exceptions to these income requirements may be made in
cases of orchard lands planted to fruit producing trees, bushes or vines which
are not yet of bearing age. For the purposes of this subdivision section, the
term "farm crops" also includes animal fiber, cider, wine and cheese produced
on the enrolled land or on a housesite adjoining the enrolled land from
agricultural products grown on the enrolled land.
Sec. 4. REPORT
The agency of agriculture, food and markets with the assistance of the
departments of economic development and of forests, parks and recreation and
in consultation with the division of property valuation and review shall conduct
a review of existing Vermont programs and examine programs in other states.
The report shall recommend initiatives that promote the economic
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JOURNAL OF THE SENATE
development of small farms and agriculture in Vermont. The report shall be
submitted to the house committee on agriculture and the senate committee on
agriculture on or before December 1, 2005 with specific options for action by
the general assembly targeted to value-added on-site farm and natural
resources based enterprises.
Sec. 5. REPORT
The division of property valuation and review and the agency of agriculture,
food and markets shall report on or before January 15, 2006 to the House
Committee on Ways and Means and the Senate Committee on Finance and the
House and Senate Committees on Agriculture on farm processing facilities
enrolled in the use value appraisal program.
SARA BRANNON KITTELL
CLAIRE D. AYER
WENDY L. WILTON
Committee on the part of the Senate
BILL BOTZOW
JOHN MALCOLM
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Rules Suspended; Third Reading Ordered, Rules Suspended; Bill Passed
in Concurrence; Rules Suspended; Bill Messaged
H. 541.
Appearing on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and House bill entitled:
An act relating to appointment of a sergeant major and a chief master
sergeant in the Vermont national guard.
Was taken up for immediate consideration.
Senator Condos, for the Committee on Government Operations, to which
the bill was referred, reported recommending that the bill ought to pass in
concurrence.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and third reading of the bill was ordered.
SATURDAY, JUNE 4, 2005
1547
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was placed on all remaining stages of its passage in concurrence forthwith.
Thereupon, the bill was read the third time and passed in concurrence.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the House forthwith.
Message from the House No. 89
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered the report of
the Committee of Conference upon the disagreeing votes of the two Houses on
House bill of the following title:
H. 130. An act relating to executive branch fees.
And has adopted the same on its part.
The House has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses on Senate bill of the following title:
S. 156. An act relating to corrections.
And has adopted the same on its part.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Bill Messaged
S. 156.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
An act relating to corrections.
Was taken up for immediate consideration.
Senator Sears, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 156. An act relating to corrections.
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Respectfully reports that it has met and considered the same and
recommends that the bill be amended by striking out all after the enacting
clause and inserting in lieu thereof the following:
* * * Findings * * *
Sec. 1. FINDINGS
The general assembly finds that:
(1) Even if the general assembly takes no action to reduce prison
overcrowding by releasing additional offenders, thousands of inmates leave
Vermont correctional facilities and reenter the community every year. For
example, during FY04, approximately 600,000 individuals were released from
prisons in the United States and 10,000,000 were released from jails. During
that same period, Vermont released 4,875 incarcerated individuals back into
the community.
(2) It is crucial that decisions of the legislative, judicial, and executive
branches aggressively advance the mission of the department of corrections to
work with and gain the support of community members to achieve the
successful reintegration of offenders into the community.
(3) Although the total incidents of reported crime in Vermont have
declined steadily since the early 1990s, the overall level of serious crime has
remained fairly constant. Drug-related offenses have quintupled during the last
five years.
(4) The number of women arrested in Vermont increased 59 percent in
seven years, rising from 3,774 arrests in 1995 to 5,966 arrests in 2002. The
number of women incarcerated in Vermont has increased from 29 inmates in
1995 to more than 140 today, most of whom are incarcerated for nonviolent
substance-abuse-related offenses.
(5) One of every five men in Vermont between the ages of 21 and 23
has been convicted of a criminal offense and sentenced to some form of
supervision by the commissioner of corrections.
(6) The rate at which Vermont incarcerated individuals convicted of
crimes more than doubled in a ten-year period, rising from a daily average of
989 in FY95 to a daily average of 1,992 in FY04. In one generation, the
average number of individuals incarcerated on any one day rose from 559 (in
FY85) to 1,992 (in FY04).
(7) The cost of housing and supervising incarcerated individuals in
Vermont more than doubled during the same period, increasing from $44
million in FY95 to $98 million in FY04. The FY04 figure was more than
SATURDAY, JUNE 4, 2005
1549
6-1/2 times the cost of housing and supervising the incarcerated population in
FY85, when that expense was $15 million.
(8) The growth in available corrections beds has not kept pace with the
growth of Vermont’s sentenced and detained population, and the state has been
forced to transfer inmates to facilities outside Vermont. Despite the addition of
350 corrections beds at the newly-opened Southern State Correctional Facility
in Springfield, an average of 429 offenders was housed in an out-of-state
correctional facility on any given day between July 1, 2004 and March 15,
2005.
(9) The number of offenders released to the community under the
supervision of the commissioner of corrections has doubled in the last ten
years. On a typical day in 2004, 12,372 Vermonters were living in the
community under some form of supervision of the commissioner. Of that
number, 849 individuals were on conditional reentry status, 888 were on
preapproved furlough, 795 had been released on parole, 73 had received a
supervised community sentence, and 9,767 were on probation.
(10) The number of offenders convicted of violent felonies (such as
sexual assault, domestic assault, aggravated assault, and other felonies against
persons) who are supervised in the community has increased by 33 percent
during the last eight years, rising from 984 in FY96 to 1,317 in FY04.
(11) The number of correctional officers supervising offenders in the
community has not kept pace with the growth in supervisees, increasing only
67 percent since 1993.
(12) The number of individuals detained pending resolution of criminal
charges increased by 300 percent between FY93 and FY03. As of June 30,
2004, detainees represented 382 of the 2,033 individuals incarcerated in and
out of state. Pretrial detainees occupy 24 percent of the approximately 1,600
corrections beds available in state.
(13) On a typical day in 2004, approximately 130 inmates who had
served their minimum sentence and were otherwise eligible for release into the
community remained incarcerated because of their inability to obtain suitable
housing, resulting in an annual cost of at least $2,275,000 to house other
offenders in out-of-state facilities.
(14) In its report dated August 19, 2004, the governor’s commission on
corrections overcrowding determined that the above trends, if continued, will:
(A) Likely cause the state to increase its reliance on out-of-state
prison beds or to build more correctional facilities within Vermont.
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(B) Result in unsustainable spending to provide adequate space for
and supervision of offenders;
(C)
Compromise the state’s ability to provide humane and
enlightened services and ensure safe and secure correctional facilities and
communities.
(15) The total capital costs of siting the Southern State Correctional
Facility in Springfield were $34,600,000.00.
(16) In its August 19, 2004 report, the governor’s commission on
corrections overcrowding also determined that the overcrowded conditions in
state correctional facilities and the increased use of the facilities for pretrial
detainees have:
(A) Compromised the department’s statutory mission.
(B) Increased personal danger to inmates and staff.
(C) Caused unacceptable hardship for offenders and families of
offenders who are in out-of-state institutions.
(D) Resulted in excessive and out-of-control cost at the expense of
other worthy governmental efforts.
(E) Disrupted the reasonable and well-designed program of treatment
by the thoughtful integration of offenders into the community upon completion
of their sentences.
(F) Resulted in unhealthy and unwholesome practices in the
correctional facilities.
(G) Damaged staff morale.
(H) Contributed to the death of inmates.
(I) Resulted in public dissatisfaction and decreased credibility for the
department of corrections and the entire criminal justice system.
(J) Prohibited a range of palliative programs from being applied
efficiently or effectively, which results in the loss of important opportunities to
assist inmates to achieve necessary personal change and which, in turn, adds to
the already remarkable cost of the corrections system.
(17) In its report dated August 19, 2004, the governor’s commission on
corrections overcrowding recommended a range of solutions to reduce
overcrowding, including the provision of grants to communities and private
organizations to help establish supervised transitional housing and the creation
of alternatives to incarceration for many of the state’s female offenders.
SATURDAY, JUNE 4, 2005
1551
(18) It is equally imperative both that the three regional facilities be
used for their intended function as reintegration facilities for offenders
preparing for imminent reentry into the community and that prisoners housed
in out-of-state facilities be brought home to Vermont.
(19) In its August 19, 2004 report, the governor’s commission on
corrections overcrowding cogently stated: “The problem [in corrections] has
grown over two decades and has greatly accelerated in the last 4 years. The
problem is now to the point where solutions required must be bold in order to
have a noticeable impact. Marginal and incremental changes are welcome and
will over time help, but they must be anchored by actions that are significant
enough that change is real and substantial.”
* * * Good Time * * *
Sec. 2. REDUCTIONS OF TERM
(a) Retrospective award. Each individual in the custody of the
commissioner of corrections who is serving a term of incarceration on July 1,
2005 shall be awarded all reductions in the minimum and maximum terms to
which that inmate is entitled as of the end of the day on June 30, 2005,
consistent with those provisions of 28 V.S.A. § 811 that were in force when
the inmate’s crime was committed.
(b) Prospective award. Notwithstanding any provision of law to the
contrary, each individual in the custody of the commissioner of corrections
who is serving a term of incarceration for a crime committed on or before
June 30, 2005, shall, for purposes of calculating reductions in that inmate’s
term of confinement subsequent to June 30, 2005, prospectively be awarded, in
total, all reductions in the minimum and maximum terms of confinement to
which that inmate would potentially be entitled in the future under the system
that was in place at the time his or her crime was committed; provided that this
subsection shall not apply to reductions pursuant to 28 V.S.A. § 811(d) (work
camps) as that subsection appears before July 1, 2005, which shall be awarded
at the time the reductions are earned under the system that was in place at the
time the crime was committed.
(c) The department shall apply the provisions of subsections (a) and (b) of
this section as appropriate to persons ultimately convicted of a crime
committed before July 1, 2005 at the time of sentencing.
(d) Pursuant to 13 V.S.A. § 5305, the department shall notify victims of the
impact this section has on the minimum and maximum terms of incarceration
for all pertinent inmates. The department shall also provide notice to each
inmate regarding the impact this section has on that inmate’s minimum and
maximum terms of incarceration.
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Sec. 3. REPEAL
28 V.S.A. § 811 (reduction in term for good behavior) is repealed.
Sec. 4. 28 V.S.A. § 811 is added to read:
§ 811. WORK CAMPS; REDUCTION OF TERM
A reduction of up to 30 days in the minimum and maximum terms of
confinement may be made in accordance with a policy established by the
director of a work camp in which an inmate is confined for each month during
which the inmate demonstrates, beyond the level normally expected, consistent
program performance or meritorious work performance.
Sec. 5. WORK CAMP; GOOD TIME
(a) Except as provided in subsection (b) of this section, for each inmate
serving a term of incarceration in a work camp on or after July 1, 2005 who
has been convicted of a crime committed between July 1, 2000 and June 30,
2005, a reduction of up to 30 days in the minimum term of confinement and up
to 15 days in the maximum term of confinement may be made in accordance
with a policy established by the director of the work camp in which the inmate
is confined for each month during which the inmate demonstrates, beyond the
level normally expected, consistent high program performance or meritorious
work performance.
(b) Subsection (a) of this section shall not apply to any inmate who
receives a prospective award, in total, of all reductions to which that inmate
would potentially be entitled in the future pursuant to Sec. 2(b) of this act, who
is subsequently transferred to a work camp.
* * * Furlough * * *
Sec. 6. 28 V.S.A. § 808 is amended to read:
§ 808. FURLOUGHS GRANTED TO OFFENDERS AND INMATES;
MEDICAL FURLOUGH
(a) The department may extend the limits of the place of confinement of an
inmate at any correctional facility if the inmate agrees to comply with such
conditions of supervision the department, in its sole discretion, deems
appropriate for that inmate’s furlough. The department may authorize furlough
for any of the following reasons:
***
(7) When recommended by the department and ordered by a court. The
inmate may be sentenced to serve a term of imprisonment but placed by a court
on furlough to participate in such programs administered by the department in
SATURDAY, JUNE 4, 2005
1553
the community that reduce the offender’s risk to reoffend or that provide
reparation to the community in the form of supervised work activities; or
(8) To prepare for reentry into the community.
(A) Any offender sentenced to incarceration may be furloughed to
the community up to 90 days prior to completion of the minimum sentence, at
the commissioner’s discretion and in accordance with rules adopted pursuant
to subdivision(C) of this subdivision (8), provided that an offender sentenced
to a minimum term of fewer than 180 days shall not be eligible for furlough
under this subdivision until the offender has served at least one-half of his or
her minimum term of incarceration.
(B) Except as provided in subdivision (D) of this subdivision (8), any
offender sentenced to incarceration is eligible to earn five days toward
reintegration furlough, to be applied prior to the expiration of the offender’s
minimum term, for each month served in the correctional facility during which
the inmate has complied with the case plan prepared pursuant to subsection
1(b) of this title and has obeyed all rules and regulations of the facility. Days
shall be awarded only if the commissioner determines, in his or her sole
discretion, that they have been earned in accordance with rules adopted by the
department pursuant to subdivision (C) of this subdivision (8) and shall in no
event be awarded automatically. The commissioner’s determination shall be
final. Days earned under this subdivision may be awarded in addition to the
reintegration furlough authorized in subdivision (A) of this subdivision (8).
The commissioner shall have the discretion to determine the frequency with
which calculations under this subdivision shall be made provided they are
made at least as frequently as every six months.
(C) The commissioner may authorize reintegration furlough under
subdivisions (A) and (B) of this subdivision (8) only if the days are awarded in
accordance with rules adopted pursuant to chapter 25 of Title 3 designed to:
(i) Evaluate factors such as risk of reoffense, history of violent
behavior, history of compliance with community supervision, compliance with
the case plan, progress in treatment programs designed to reduce criminal risk,
and obedience to rules and regulations of the facility.
(ii) Ensure adequate departmental supervision of the offender
when furloughed into the community.
(D) The commissioner may not award days toward reintegration
furlough under subdivision (B) of this subdivision (8) if the offender is
sentenced to a minimum term of incarceration in excess of five years or is
incarcerated for a conviction of one or more of the following crimes:
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(i) Arson causing death as defined in 13 V.S.A. § 501;
(ii) Assault and robbery with a dangerous weapon as defined in
13 V.S.A. § 608(b);
(iii) Assault and robbery causing bodily injury as defined in
13 V.S.A. § 608(c);
(iv) Aggravated assault as defined in 13 V.S.A. § 1024;
(v) Murder as defined in 13 V.S.A. § 2301;
(vi) Manslaughter as defined in 13 V.S.A. § 2304;
(vii) Kidnapping as defined in 13 V.S.A. § 2405;
(viii) Unlawful restraint as defined in 13 V.S.A. §§ 2406 and
2407;
(ix) Maiming as defined in 13 V.S.A. § 2701;
(x) Sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (2);
(xi) Aggravated sexual assault as defined in 13 V.S.A. § 3253;
(xii) Burglary into an occupied dwelling as defined in 13 V.S.A.
§ 1201(c); or
(xiii) Lewd or lascivious conduct with a child as defined in
13 V.S.A. § 2602.
***
(e) The commissioner may enter into and execute a contract with
authorities in other states for the furlough of any inmate from any facility to
another state when, in his opinion, the inmate needs special treatment in the
other state or for a particular reason consistent with the rehabilitation of the
inmate. [Deleted.]
***
(g) Treatment furlough. The department may place on furlough an inmate
who has not yet served the minimum term of the sentence, provided the
approval of the sentencing judge is first obtained, who, in the department’s
determination, needs residential treatment services not available in a
correctional facility. The services may include treatment for substance abuse
or personal violence or any other condition that the department has determined
should be addressed in order to reduce the inmate’s risk to reoffend or cause
harm to himself or herself or to others in the facility. The inmate shall be
released only to a hospital or licensed inpatient residential treatment facility
that provides services to the general population. The state’s share of the cost
SATURDAY, JUNE 4, 2005
1555
of placement in such a facility, net of any private or federal participation, shall
be paid pursuant to memoranda of agreement between and within state
agencies reflective of their shared responsibilities to maximize the efficient and
effective use of state resources. In the event that a memorandum of agreement
cannot be reached, the secretary of administration shall make a final
determination as to the manner in which costs will be allocated.
Sec. 7. EFFECT OF REINTEGRATION FURLOUGH
It is the intent of the general assembly that granting the commissioner of
corrections the ability to authorize reintegration furlough in Sec. 6 of this act
shall have the effect of reducing the total number of Vermont offenders housed
in out-of-state correctional facilities.
* * * Graduated Sanctions * * *
Sec. 8. 28 V.S.A. § 304 is amended to read:
§ 304.
DISPOSITION ALTERNATIVES UPON VIOLATION OF
PROBATION
(a) If a violation is established by a proceeding conducted in accordance
with section 302 of this title, the court may, in its discretion, revoke probation
and require the probationer to serve the sentence which was suspended or order
that the sentence be served in the community pursuant to the provisions of
chapter 6 of this title.
(b) As an alternative to revocation and imposition of sentence as provided
in subsection (a) of this section, the court, in its discretion, after a violation has
been established, may:
(1) Continue the probationer on the existing sentence; or
(2) Effect, in accordance with subsection 253(b) of this title, necessary
or desirable changes or enlargements in the conditions of probation; or
(3) Conduct a formal or informal conference with the probationer in
order to reemphasize to him or her the necessity of compliance with the
conditions of probation; or
(4) Issue a formal or informal warning to the probationer that further
violations may result in revocation of probation by the court.; or
(5) Continue the probationer on the existing sentence, but require the
probationer to serve any portion of the sentence.
(c) Prior to ordering either revocation or an alternative sanction for a
violation of probation in accordance with subsection (b) of this section, the
court shall consider, but has complete discretion whether to follow, sanction
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guidelines established by the department of corrections pursuant to subsection
(e) of this section.
(d) No plea agreement shall limit the court’s discretion under this section.
(e) The department of corrections shall adopt rules pursuant to chapter 25
of Title 3 that establish graduated sanction guidelines for probation violations
as an alternative to revocation and imposition of the original sentence. These
guidelines do not grant the department any authority to impose sanctions for
probation violations.
* * * Deferred Sentences * * *
Sec. 9. 13 V.S.A. § 7041 is amended to read:
§ 7041. DEFERRED SENTENCE
(a) Upon an adjudication of guilt and after the filing of a presentence
investigation report, the court may defer sentencing and place the respondent
on probation upon such terms and conditions as it may require if a written
agreement concerning the deferring of sentence is entered into between the
state’s attorney and the respondent and filed with the clerk of the court.
(b) Notwithstanding subsection (a) of this section, the court may defer
sentencing and place the respondent on probation without a written agreement
between the state’s attorney and the respondent if the following conditions are
met:
(1) the respondent is 28 years old or younger;
(2) the crime for which the respondent is being sentenced is not a listed
crime as defined in subdivision 5301(7) of this title;
(3) the court orders a presentence investigation in accordance with the
procedures set forth in Rule 32 of the Vermont Rules of Criminal Procedure,
unless the state’s attorney agrees to waive the presentence investigation;
(4) the court permits the victim to submit a written or oral statement
concerning the consideration of deferment of sentence;
(5) the court reviews the presentence investigation and the victim’s
impact statement with the parties; and
(6) the court determines that deferring sentence is in the interest of
justice.
(c) Entry of deferment of sentence shall constitute an appealable judgment
for purposes of appeal in accordance with sections 2381-2390 section 2383 of
Title 12 and Rule 3 of the Vermont Rules of Appellate Procedure. Except as
otherwise provided, entry of deferment of sentence shall constitute imposition
SATURDAY, JUNE 4, 2005
1557
of sentence solely for the purpose of sentence review in accordance with
section 7042 of this title. Thereafter the court may impose sentence at any
time within five years from and after the date of entry of deferment The court
may impose sentence at any time if the respondent violates the conditions of
the deferred sentence during the period of deferment.
(b)(d) Upon violation of the terms of probation or of the deferred sentence
agreement, the court shall impose sentence. Upon fulfillment of the terms of
probation and of the deferred sentence agreement, the court shall strike the
adjudication of guilt and discharge the respondent. Upon discharge, the record
of the criminal proceedings shall be expunged as if an application pursuant to
section 5538 of Title 33 had been granted, except that the record shall not be
expunged until restitution has been paid in full, absent a finding of good cause
by the court.
(c)(e) A deferred sentence imposed under subsection (a) or (b) of this
section may include a restitution order issued pursuant to section 7043 of this
title. Nonpayment of restitution shall not constitute grounds for imposition of
the underlying sentence.
* * * Conditions of Release * * *
Sec. 10. 13 V.S.A. § 7554(a) is amended to read:
§ 7554. RELEASE PRIOR TO TRIAL
(a) Any person charged with an offense, other than a person held without
bail under section 7553 or 7553a of this title, shall at his or her appearance
before a judicial officer be ordered released pending trial in accordance with
this section.
(1) The person shall be ordered released on personal recognizance or
upon the execution of an unsecured appearance bond in an amount specified by
the judicial officer unless the judicial officer determines that such a release will
not reasonably assure the appearance of the person as required. In determining
whether the person presents a risk of nonappearance, the judicial officer shall
consider, in addition to any other factors, the seriousness of the offense
charged and the number of offenses with which the person is charged. If the
officer determines that such a release will not reasonably assure the appearance
of the person as required, the officer shall, either in lieu of or in addition to the
above methods of release, impose the least restrictive of the following
conditions or the least restrictive combination of the following conditions
which will reasonably assure the appearance of the person as required:
(A) Place the person in the custody of a designated person or
organization agreeing to supervise him or her.
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(B) Place restrictions on the travel, association or place of abode of
the person during the period of release.
(C) Require the person to participate in an alcohol or drug treatment
program. The judicial officer shall take into consideration the defendant’s
ability to comply with an order of treatment and the availability of treatment
resources.
(D) Require the execution of a secured appearance bond in a
specified amount and the deposit with the clerk of the court, in cash or other
security as directed, of a sum not to exceed ten percent of the amount of the
bond, such deposit to be returned upon the appearance of the person as
required.
(D)(E) Require the execution of a surety bond with sufficient solvent
sureties, or the deposit of cash in lieu thereof.
(E)(F) Require the deposit with the clerk of court of cash bail in a
specified amount.
(F)(G) Impose any other condition found reasonably necessary to
assure appearance as required, including a condition requiring that the person
return to custody after specified hours.
(2) If the judicial officer determines that conditions of release imposed
to assure appearance will not reasonably protect the public, the judicial officer
may in addition impose the least restrictive of the following conditions or the
least restrictive combination of the following conditions which will reasonably
assure protection of the public:
(A) Place the person in the custody of a designated person or
organization agreeing to supervise him or her.
(B) Place restrictions on the travel, association, or place of abode of
the person during the period of release.
(C) Require the person to participate in an alcohol or drug treatment
program. The judicial officer shall take into consideration the defendant’s
ability to comply with an order of treatment and the availability of treatment
resources.
(D) Impose any other condition found reasonably necessary to
protect the public, except that a physically restrictive condition may only be
imposed in extraordinary circumstances.
(3) A judicial officer may order that a defendant not harass or cause to
be harassed a victim or potential witness. This order shall take effect
immediately, regardless of whether the defendant is incarcerated or released.
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1559
***
* * * Parole Board * * *
Sec. 11. 28 V.S.A. § 451 is amended to read:
§ 451. CREATION OF BOARD
(a) A parole board of five members is created. The governor, with the
advice and consent of the senate, shall appoint five regular members and two
alternates for terms of three years in such a manner that no more than three
terms shall expire annually. Initial terms may be less than three years. Each
member and alternate shall hold office until a successor is appointed and
qualified. The governor shall designate the board’s chair. As far as
practicable, the governor shall appoint as members persons who have
knowledge of and experience in correctional treatment, crime prevention or
human relations, and shall give consideration, as far as practicable, to
geographic representation of the state. The board shall select one of its
members to serve as vice chair of the board. If the chair resigns or is otherwise
permanently unable to serve on the board, the vice chair shall serve as interim
chair until the governor designates a new chair pursuant to this section. The
chair or the executive director may assign alternates to serve on the board in
the absence of a regular member and such alternates shall have all the powers
and authority of a regular member when so assigned.
(b) Three members of the board shall constitute a quorum for the conduct
of a meeting. Notwithstanding section 172 of Title 1, the concurrence of a
majority of members present at a parole board meeting shall be necessary and
sufficient for board action.
(c) The chair of the parole board shall be entitled to compensation in the
amount of $13,000.00 $20,500.00 annually, effective on the first pay period in
fiscal year 2006, which shall be in lieu of any per diem otherwise authorized
by law. If the vice chair assumes the duties of the chair for a period in excess
of 30 consecutive days, the compensation otherwise payable to the chair during
his or her absence shall be paid to the vice chair.
Sec. 12. 32 V.S.A. § 1010(f) is amended to read:
(f) Members of the parole board shall receive $80.00 $100.00 per diem for
each day of official duties together with reimbursement of reasonable expenses
incurred in the performance of their duties.
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* * * Director of Parole Board * * *
Sec. 13. PAROLE BOARD EXECUTIVE OFFICER; REDESIGNATION OF
POSITION
Notwithstanding any provision of law to the contrary, the General
Assembly authorizes and directs the redesignation, effective July 1, 2005, of
the following classified position as an exempt position: one (1) Parole Board
Executive Officer, which shall be known after redesignation as the Parole
Board Director.
Sec. 14. 28 V.S.A. § 455 is added to read:
§ 455. DIRECTOR
(a) The position of parole board director is created. The director shall be
appointed by the governor after consultation with the board.
(b) The director shall serve for a term of four years commencing on
March 1 and continuing until his or her successor is appointed.
(c) The director shall be exempt from classified state service.
(d) The secretary of human services, in consultation with the parole board
and the department of human resources, shall establish the minimum and
preferred qualifications, duties, and compensation of the director.
* * * Parole Board; Recommendations; Reports * * *
Sec. 15. PAROLE BOARD; RECOMMENDED ACTIONS; REPORTS
(a) The secretary of human services, in consultation with the chair of the
parole board, shall:
(1) Revise the interim parole board manual dated November 1, 1997 to
provide the parole board, its staff, and the department of corrections with
necessary guidance to perform parole-related duties.
(2) Develop guidelines to assist the board to make consistent,
empirically based decisions.
(3) Develop training and orientation for parole board members and staff
concerning board policies and procedures.
(4) Ensure that all parole board members and staff engage in training
programs conducted by entities such as the Association of Paroling
Authorities, International (APAI) and the American Probation and Parole
Association (APPA).
(b) On or before January 15, 2006, the secretary of human services shall
report to the senate and house committees on judiciary and institutions and the
SATURDAY, JUNE 4, 2005
1561
joint legislative corrections oversight committee concerning implementation of
this section.
(c) The chair of the parole board shall review and evaluate the size and
structure of the board and consider whether an increased membership or an
alternative structure, or both, would enhance the board’s effectiveness. On or
before January 15, 2006, the chair shall report the results of this evaluation to
the house and senate committees on institutions and judiciary together with
any proposals for legislative amendments.
* * * Transitional Housing * * *
Sec. 16. TRANSITIONAL HOUSING; PROPOSAL; STUDY COMMITTEE
(a) It is imperative that the department of corrections engage in
collaborative or strategic planning to identify specific housing needs by region
and type, and the associated needs of offenders returning to the community.
The department’s current practice of “buying beds” in the community does not
adequately address the challenges, costs, and impacts of developing and
operating successful transitional housing. It is the intent of the general
assembly that the department develop and sustain new models of supportive,
transitional housing.
(b) On or before September 1, 2005, the department shall identify, through
a statewide public process, at least one community interested in being active in
a study committee designed to develop a proposal to provide transitional
housing to assist offenders achieve successful reintegration into the community
following a term of incarceration. Upon identifying an interested community,
the department shall call an initial meeting of the study committee to include
the following members:
(1) The commissioner of corrections or the commissioner’s designee.
(2) The superintendent of the office of probation and parole serving the
pertinent community or the superintendent’s designee.
(3) A representative of the law enforcement entity that serves the
pertinent community.
(4) A representative of the Vermont League of Cities and Towns to be
selected by the league’s governing board.
(5) A representative of the pertinent community’s governing body.
(6) A representative of a local planning commission or if none exists,
then a representative of the regional planning commission serving the pertinent
community.
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(7) The state’s attorney serving the pertinent community or the state’s
attorney’s designee.
(8) A representative of the office of the public defender serving the
pertinent community.
(9) The director of a community justice center, if one exists, or the
director’s designee.
(10) The executive director of the Vermont center for crime victim
services or the executive director’s designee.
(11) The field director of the district office of the agency of human
services serving the pertinent community or the field director’s designee.
(12) The executive director of the Vermont housing and conservation
board or the executive director’s designee.
(13) A representative of a local community land trust, if one exists.
(14) A representative of a local housing authority, if one exists.
(15) A representative of one or more neighborhood associations, if one
exists.
(16) A representative from the department of employment and training
to be selected by the commissioner of the department.
(17) Representatives of such other entity or entities as the members of
the committee deem appropriate.
(c) The study committee may seek information or advice from such other
individuals, including former inmates who have successfully reintegrated into
the community, or entities as it deems appropriate.
(d) On or before January 15, 2006, the study committee shall provide to the
house and senate committees on appropriations, judiciary, and institutions, the
house committee on human services, and the senate committee on health and
welfare a detailed proposal by which the state, acting on its own or in
conjunction with community partners, could develop and operate communitybased structured transitional housing for offenders, which proposal shall
include:
(1) An outline of the administrative and operational structure of the
facility, including community partnerships, plans to ensure adequate staffing,
the criteria under which offenders would be released into and from the
transitional housing facility, and the programs and services, which shall
include employment and permanent housing assistance and prescription drug
continuity, to be offered or the means by which programs and services would
be accessed.
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1563
(2) A budget detailing the cost of initiating and operating the housing,
including potential nonstate funding sources and a projection of the financial
impact the proposal would have on future state capital and general fund
appropriations.
(3) A plan for educating and engaging the support of the community for
transitional housing.
(4) A plan for notifying victims and responding to their concerns.
(5) A timeline for the creation and start-up of the transitional housing.
(e) At its initial meeting, the study committee shall select a member to
serve as chair. The department of corrections shall provide administrative
support to the committee.
* * * Departmental Mission; Reintegration Plan * * *
Sec. 17. 28 V.S.A. § 1(b) is amended to read:
(b) The department shall formulate its programs and policies recognizing
that almost all criminal offenders ultimately return to the community, and that
the traditional institutional prisons fail to reform or rehabilitate, operating
instead to increase the risk of continued criminal acts following release. The
department shall strive to develop and implement a comprehensive program
which will provide necessary closed custodial confinement of frequent,
dangerous offenders, but which also will establish as its primary objective the
disciplined preparation of offenders for their responsible roles in the open
community. The department shall ensure that the comprehensive program
required by this subsection includes a process by which each offender
sentenced to any term of imprisonment other than for life without parole,
within 30 days after receiving his or her sentence, shall begin to develop and
implement a plan preparing for return to the community.
* * * Corrections Oversight Committee * * *
Sec. 18. REPEAL
Secs. 170d and 170e of No. 142 of the Acts of the 2001 Adj. Sess. (2002)
(joint legislative corrections oversight committee) are repealed.
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Sec. 19. 2 V.S.A. chapter 22 is added to read:
CHAPTER 22. JOINT LEGISLATIVE CORRECTIONS
OVERSIGHT COMMITTEE
§ 801. CREATION OF COMMITTEE
(a) There is created a joint legislative corrections oversight committee
whose membership shall be appointed each biennial session of the general
assembly. The committee shall exercise oversight over the department of
corrections and work with and provide assistance to other legislative
committees on matters related to corrections policies.
(b) The committee shall be composed of eight members: four members of
the house of representatives, who shall not all be from the same party,
appointed by the speaker of the house; and four members of the senate, who
shall not all be from the same party, appointed by the committee on
committees. In addition to one member-at-large appointed from each chamber,
one appointment shall be made from each of the following house and senate
committees: appropriations, judiciary, and institutions.
(c) The committee shall elect a chair, vice chair, and clerk from among its
members and shall adopt rules of procedure. The chairmanship shall rotate
biennially between the house and the senate members. The committee shall
keep minutes of its meetings and maintain a file thereof. A quorum shall
consist of five members.
(d) When the general assembly is in session, the committee shall meet at
the call of the chair. The committee may meet four times during adjournment,
and may meet more often subject to approval of the speaker of the house and
the president pro tempore of the senate.
(e) For attendance at a meeting when the general assembly is not in session,
members of the committee shall be entitled to compensation for services and
reimbursement of expenses as provided under subsection 406(a) of this title.
(f) The professional and clerical services of the joint fiscal office and the
legislative council shall be available to the committee.
§ 802. DUTIES
(a) In addition to the general responsibilities set forth in subsection 801(a)
of this title, the committee shall:
(1) Review and make recommendations regarding the department of
corrections’ strategic, operating, and capital plans.
(2) Review and make recommendations to the house and senate
committees on appropriations regarding departmental budget proposals.
SATURDAY, JUNE 4, 2005
1565
(3) Provide general oversight on departmental policy development.
(4) Encourage improved communication between the department and
other relevant components of the administrative branch and the criminal justice
system.
(b) At least annually, the committee shall report its activities, together with
recommendations, if any, to the general assembly.
Sec. 20. INCENTIVES; REPORT
The department of corrections and the joint legislative corrections oversight
committee shall jointly review and evaluate potential incentive programs and
management strategies for use within the state’s correctional facilities to
encourage and reinforce good behavior, reduce high-risk behaviors, and
encourage participation in programming. The department shall review
strategies used in other jurisdictions and recommend to the committee those
strategies it finds to be most suitable for use in Vermont.
* * * Specialized Programming within Correctional Facilities * * *
Sec. 21.
SPECIALIZED SUBSTANCE ABUSE AND DOMESTIC
VIOLENCE PROGRAMMING
(a) In order to provide essential programming to inmates to assist with
successful reintegration into the community, the department of corrections
shall prepare a detailed proposal to provide specialized substance abuse and
domestic violence programming to targeted offenders housed in correctional
facilities, which may include out-of-state facilities.
(b) The proposal required by this section shall include:
(1) Details of the populations to be served, the levels of programming to
be offered, and the locations in which the programs will occur.
(2) A detailed time line regarding implementation of the proposed
programming.
(3) Provisions to ensure that programming is available to each eligible
offender housed within a correctional facility regardless of whether it is
possible that the offender will be released from that facility or transferred to a
different correctional facility prior to completion of the programming.
(4) Provisions to ensure that if an offender is released from a
correctional facility or transferred to a different facility prior to completion of
specialized substance abuse programming, or specialized domestic violence
programming, or both, the commissioner shall ensure that the offender is able
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to continue programming in the community into which the offender is released
or in the facility to which the offender is transferred.
(5)
Provisions to ensure initial and continuing education and
certification of department employees necessary to offer the proposed
programming.
(6) Provisions to ensure that the services of contract providers are used
in an efficient and cost-effective manner.
(7) A detailed itemization of capital and general fund costs associated
with the proposed programming.
(8) A detailed evaluation of whether the proposal may have the effect of
increasing the total inmate population and suggestions for ways in which this
result might be avoided. The department shall work with the offices of the
defender general, the state’s attorneys, and the court administrator to conduct
the evaluation and develop the suggestions required by this subdivision.
(c) The department shall present the detailed proposal to the joint
legislative corrections oversight committee on or before November 1, 2005.
* * * Ratio of Correctional Field Staff to Offenders in the Community * * *
Sec. 22. DEPARTMENT OF CORRECTIONS; RULEMAKING
Pursuant to chapter 25 of Title 3, the department of corrections shall adopt
rules to ensure that the number of trained correctional field staff be sufficient
and, if necessary, increased prior to the release of inmates into the community,
and that offenders be released at a rate that permits adequate supervision, both
to ensure community safety and to support successful reintegration of each
offender. The commissioner of corrections shall report to the house and senate
committees on appropriations, institutions, and the judiciary on or before
January 15, 2006 regarding implementation of the rule or rules and shall, at
that time, also present a draft of any proposed related legislation for the
committees’ consideration.
* * * Global Positioning System * * *
Sec. 23. GLOBAL POSITIONING SYSTEM MONITORING
(a) The department of corrections is authorized to implement a pilot
program using a global positioning system (“GPS”) or other similar technology
within the community pursuant to the terms of the plan submitted by the
department to the house committees on appropriations and institutions in
January 2005 (the “pilot program”); provided that the pilot program may only
involve:
(1) 20 offenders at any one time.
SATURDAY, JUNE 4, 2005
1567
(2) Offenders convicted of D.U.I. pursuant to Title 23 and nonviolent
offenders who might otherwise be incarcerated for violating the conditions of
their release.
(b) On or before January 15, 2006, the commissioner of corrections shall
report to the house and senate committees on appropriations and on judiciary
regarding the department’s progress in implementing the pilot program.
* * * Indefinite Probation * * *
Sec. 24. PROBATION; LENGTH OF TERM
(a) On or before January 1, 2006, the department of corrections shall:
(1) Identify each offender (the “misdemeanant”), sentenced prior to
July 1, 2004, who is serving an indefinite term of probation solely in
connection with one or more misdemeanors;
(2) Categorize the misdemeanants into three groups by date of
sentencing such that, for purposes of this section, the one-third with the earliest
dates of sentencing shall be identified as Group A, the one-third with
intermediate dates shall be Group B, and the one-third with the most recent
dates shall be Group C;
(3) Provide the three categorized lists of misdemeanants to the executive
director of the office of state’s attorneys and to the Vermont center for crime
victims services, restitution unit.
(b) On or before July 1, 2006, the probation officers for misdemeanants in
Group A shall review the case file for these misdemeanants and:
(1) Shall file a petition with the sentencing court requesting discharge
from probation for each misdemeanant in Group A for whom the department
believes that termination is warranted by the conduct of the misdemeanant and
the ends of justice; provided that a petition shall not be filed under this
subdivision for any misdemeanant who has not completed programming
consistent with his or her special conditions of probation. Simultaneous with
filing, notice of the petition shall be given to the state’s attorney who may
object and request a hearing on the petition.
(2) For each misdemeanant in Group A not included within subdivision
(1) of this subsection, shall file a petition with the court requesting the court to
extend the period of probation for a term not to exceed two years unless the
court, in its sole discretion, specifically finds after a hearing that the interests
of justice require a longer or an indefinite period of probation. Simultaneous
with filing, notice of the petition shall be given to the state’s attorney.
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(c) On or before January 1, 2007, the probation officers for misdemeanants
in Group B shall review the case file for these misdemeanants and:
(1) Shall file a petition with the sentencing court requesting discharge
from probation for each misdemeanant in Group B for whom the department
believes that termination is warranted by the conduct of the misdemeanant and
the ends of justice; provided that a petition shall not be filed under this
subdivision for any misdemeanant who has not completed programming
consistent with his or her special conditions of probation. Simultaneous with
filing, notice of the petition shall be given to the state’s attorney who may
object and request a hearing on the petition.
(2) For each misdemeanant in Group B not included within subdivision
(1) of this subsection, shall file a petition with the court requesting the court to
extend the period of probation for a term not to exceed two years unless the
court, in its sole discretion, specifically finds after a hearing that the interests
of justice require a longer or an indefinite period of probation. Simultaneous
with filing, notice of the petition shall be given to the state’s attorney.
(d) On or before July 1, 2007, the probation officers for misdemeanants in
Group C shall review the case file for these misdemeanants and:
(1) Shall file a petition with the sentencing court requesting discharge
from probation for each misdemeanant in Group C for whom the department
believes that termination is warranted by the conduct of the misdemeanant and
the ends of justice; provided that a petition shall not be filed under this
subdivision for any misdemeanant who has not completed programming
consistent with his or her special conditions of probation. Simultaneous with
filing, notice of the petition shall be given to the state’s attorney who may
object and request a hearing on the petition.
(2) For each misdemeanant in Group C not included within subdivision
(1) of this subsection, shall file a petition with the court requesting the court to
extend the period of probation for a term not to exceed two years unless the
court, in its sole discretion, specifically finds after a hearing that the interests
of justice require a longer or an indefinite period of probation. Simultaneous
with filing, notice of the petition shall be given to the state’s attorney.
(e) Each victim who has requested timely notification from the department
pursuant to 13 V.S.A. § 5305 shall receive notice of a petition filed under this
section in connection with that victim’s case.
(f) The department shall provide timely notification of each petition filed
under this section to the Vermont center for crime victims services, restitution
unit.
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1569
* * * Assault with Bodily Fluids * * *
Sec. 25. 13 V.S.A. § 1028a is amended to read:
§ 1028a. ASSAULT OF CORRECTIONAL OFFICER; ASSAULT WITH
BODILY FLUIDS
***
(b) No person shall intentionally cause blood, vomitus, excrement, mucus,
saliva, semen, or urine to come in contact with:
(1) Any person lawfully present in a correctional facility unless the
person’s presence within the facility requires the contact; or
(2) An employee of a correctional facility acting in the scope of
employment unless the employee’s scope of employment requires the contact.
(c) A person who violates subsection (b) of this section shall be imprisoned
not more than two years or fined not more than $1,000.00, or both; except that
a person who violates subsection (b) who has reason to know that he or she is
infected with the human immunodeficiency virus (HIV), acquired immune
deficiency syndrome (AIDS), or hepatitis C shall be imprisoned not more than
five years or fined not more than $5,000.00, or both where transmission of the
disease was possible by the action that occurred.
(d) A sentence imposed for a conviction of this section shall be served
consecutively with and not concurrently with any other sentence.
* * * Use of Savings * * *
Sec. 26. REDUCTION IN INCARCERATED POPULATION; USE OF
SAVINGS
(a) It is the intent of the general assembly that the provisions of this act will
result in an eventual decrease in the total incarcerated population, and that
offenders housed in out-of-state correctional facilities will be brought home to
Vermont. It is also the intent of the general assembly that savings realized in
any given fiscal year from the reduction in the incarcerated population will be
dedicated to improving correctional services, including the provision of:
(1) Adequate support, programming, and supervision for offenders
within the community, including a sufficient number of trained correctional
field staff as required by Sec. 22 of this act; and
(2) Adequate programming and an adequate number and ratio of trained
correctional officers within the correctional facilities.
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(b) On or before August 15, 2005, and on or before the 15th day of each of
the subsequent 11 months, the department of corrections shall provide a report
to the joint legislative corrections oversight committee detailing the following:
(1) The number of offenders housed in out-of-state correctional facilities
during the previous month.
(2) The actual expense of housing offenders in out-of-state correctional
facilities for the previous month.
(3) A breakdown of how any excess allocation, which shall be
calculated as the difference between the actual monthly expense and the
budgeted monthly expense, shall be spent by the department pursuant to the
provisions of subsection (a) of this section.
(4) The number of offenders released under reintegration furlough
pursuant to 28 V.S.A. § 808(a)(8) during the previous month.
(5) Other information that the joint legislative corrections oversight
committee may request.
(c) On July 1, 2006 and July 1, 2007, the department of corrections shall
provide to the joint legislative corrections oversight committee a detailed
report that comprehensively analyzes the net increase or decrease in both
financial expenditures and staff time resulting from the amendments contained
in this act, including the manner in which savings in expenditures and time
were redirected, which report shall specifically include:
(1) The net gain in staff time resulting from the retrospective and
prospective award of good time in Sec. 2 of this act and the repeal of 28 V.S.A.
§ 811 in Sec. 3 of this act and the purposes to which this gained time has been
redirected.
(2) The net change in financial expenditures and in staff time resulting
from:
(A) The creation of reintegration furlough in Sec. 6 of this act.
(B) Amendments relating to graduated sanctions for violations of
probation in Sec. 8 of this act.
(C) Amendments relating to deferred sentences in Sec. 9 of this act.
(D) Provisions requiring a reduction in the number of misdemeanants
on indefinite probation in Sec. 24 of this act.
(3) The purposes to which all savings in financial expenditures and in
staff time identified pursuant to subdivision (2) of this subsection have been or
will be redirected.
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1571
* * * Sexual Exploitation of Offenders * * *
Sec. 27. SEXUAL EXPLOITATION OF OFFENDERS; WORKING GROUP
(a) The following individuals shall form a working group to develop
proposed legislation prohibiting the sexual exploitation of individuals within
the Vermont correctional system:
(1) The commissioner of corrections or the commissioner’s designee.
(2) The director of the Vermont state employees’ association or the
director’s designee.
(3) The director of the prisoners’ rights office of the office of the
defender general or the director’s designee.
(4) The executive director of the office of state’s attorneys or the
executive director’s designee.
(5) The director of the Vermont Network Against Domestic Violence or
the director’s designee.
(6) The executive director of the Vermont commission on women or the
executive director’s designee.
(7) The executive director of the Center for Crime Victim Services, or
the executive director’s designee.
(b) On or before September 15, 2005, the working group shall present to
the joint legislative corrections oversight committee (“COC”) a draft of
proposed legislation, supported by all members of the working group,
prohibiting the sexual exploitation of any individual who is in the custody of or
confined by the department of corrections or who is being supervised by the
department of corrections. The legislative council shall assist the working
group to prepare the draft. The working group shall select one or more
representatives who shall provide verbal status reports at each of the COC’s
meetings held prior to September 15, 2005.
(c) The COC shall review the draft proposed by the working group during
any committee meetings held on and after September 15, 2005 and shall
consider introducing the proposal, with or without amendments, as a bill
during the 2006 legislative session. If the working group is unable to reach
agreement on draft legislation as required by subsection (b) of this section, the
COC shall prepare a draft bill addressing the issue for introduction during the
2006 legislative session.
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* * * Effective Date * * *
Sec. 28. EFFECTIVE DATE
This act shall take effect on July 1, 2005; provided:
(1) Offenders convicted of a listed felony shall not be eligible for
reintegration furlough under Sec. 6, 28 V.S.A. § 808(a)(8)(A), until completion
of the rulemaking process required for that subdivision, which shall be no later
than November 1, 2005.
(2) Offenders shall not be eligible to earn days toward reintegration
furlough under Sec. 6, 28 V.S.A. § 808(a)(8)(B), until completion of the
rulemaking process required for that subdivision, which shall be no later than
November 1, 2005.
ADDENDUM TO THE
Report of Committee of Conference
S. 156.
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference, to which were referred the disagreeing votes
of the two Houses upon Senate Bill, entitled:
S. 156. AN ACT RELATING TO CORRECTIONS.
Respectfully report that they have met and considered the same and
recommend that their report of the Committee of Conference for S.156 be
amended by striking out Sec. 25 in its entirety and inserting in lieu thereof a
new Sec. 25 to read as follows:
Sec. 25. 13 V.S.A. § 1028a is amended to read:
§ 1028a. ASSAULT OF CORRECTIONAL OFFICER; ASSAULT WITH
BODILY FLUIDS
***
(b) No person shall intentionally cause blood, vomitus, excrement, mucus,
saliva, semen, or urine to come in contact with:
(1) Any person lawfully present in a correctional facility unless the
person’s presence within the facility requires the contact; or
(2) An employee of a correctional facility acting in the scope of
employment unless the employee’s scope of employment requires the contact.
(c) A person who violates subsection (b) of this section shall be imprisoned
not more than two years or fined not more than $1,000.00, or both.
SATURDAY, JUNE 4, 2005
1573
(d) A sentence imposed for a conviction of this section shall be served
consecutively with and not concurrently with any other sentence.
RICHARD W. SEARS, JR.
JOHN F. CAMPBELL
WENDY L. WILTON
Committee on the part of the Senate
MICHAEL R. KAINEN
RICHARD J. MAREK
JOHN S. RODGERS
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of and
addendum to the Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the Governor forthwith.
Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill
Passed in Concurrence with Proposals of Amendment; Rules Suspended;
Bill Message
H. 109.
Senator Illuzzi, for the Committee on Economic Development, Housing and
General Affairs, to which was referred House bill entitled:
An act relating to reauthorization of the human resources investment
council.
Reported recommending 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. 10 V.S.A. § 541 is added to read:
§ 541.
HUMAN RESOURCES INVESTMENT COUNCIL; STATE
WORKFORCE INVESTMENT BOARD; MEMBERS, TERMS
(a) The human resources investment council is created as the successor to
and the continuation of the governor’s human resources investment council
and shall be the state workforce investment board under Public Law 105-220,
the Workforce Investment Act of 1998 and any reauthorization of that act. The
council shall consist of members as required under the federal act, including a
representative of the Abenaki Self-Help Association, and the following: the
president of the Vermont student assistance corporation; the president of the
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Association of Vermont Independent Colleges; the president of the University
of Vermont; at least two representatives of labor appointed by the governor in
addition to the two required under the federal act, at least one of whom shall be
chosen from names submitted by labor organizations; one representative of the
low income community appointed by the governor; two members of the senate
appointed by the senate committee on committees; and two members of the
house appointed by the speaker. In addition, the governor shall appoint
enough other members who are representatives of business or employers so
that one-half plus one of the members of the council are representatives of
business or employers. At least one-third of those appointed by the governor
as representatives of business or employers shall be chosen from a list
submitted by the regional workforce investment boards. In this section,
“representative of business” means a business owner, a chief executive
operating officer, or other business executive, and “employer” means an
individual with policy-making or hiring authority, including a public school
superintendent or school board member and including representatives from the
nonprofit, social services, and health sectors of the economy. If there is a
dispute as to who is to represent an interest as required under the federal law,
the governor shall decide who shall be the member of the council.
(b) Members representing business, employers, labor, and the low income
community shall be appointed for terms of three years. Appointed members,
except legislative appointees, shall serve at the pleasure of the governor.
(c) A vacancy shall be filled for the unexpired term in the same manner as
the initial appointment.
(d) The governor shall appoint one of the business or employer members to
chair the council.
(e) The commissioner of labor shall appoint four other members who, in
addition to the chair, shall be the executive committee.
(f) Members, other than legislative members, shall be entitled to
compensation and expenses as provided in 32 V.S.A. § 1010. Legislative
members shall be entitled to compensation and expenses as provided in
2 V.S.A. § 406.
(g) The commissioner of labor shall appoint an executive director to the
council, which shall be an exempt position and shall provide the council with
administrative support.
(h) The human resources investment council shall be subject to subchapters
2 and 3 of chapter 5 of Title 1, relating to public meetings and access to public
records.
(i) The human resources investment council shall:
SATURDAY, JUNE 4, 2005
1575
(1) Meet at least three times per year. Members missing more than two
consecutive meetings may be replaced.
(2) Advise the governor on the establishment of an integrated network
of workforce education and training for Vermont.
(3) Coordinate planning and services for an integrated network of
workforce education and training and oversee its implementation.
(4) Establish and oversee workforce investment boards as provided in
section 542 of this title.
(5)
boards.
Establish performance goals for regional workforce investment
(6) Establish goals for and coordinate the state’s workforce education
and training policies.
(7) Receive annual reports from the department of employment and
training on the workforce education and training revenues and expenditures of
agencies and institutions which are members of the council.
(8) Annually review and comment on workforce education and training
revenues and expenditures of member agencies and institutions.
(9) Negotiate memoranda of understanding between the council and
agencies and institutions involved in Vermont’s integrated network of
workforce education and training in order to ensure that each is working to
achieve annual objectives developed by the council.
(10) Carry out the duties assigned to the state workforce investment
board, as required for a single-service delivery state, under P.L. 105-220, the
Workforce Investment Act of 1998, and any amendments that may be made to
it.
(11) Annually, on or before January 15, report to the general assembly
on activities carried out during the previous year in order to accomplish its
mandate.
Sec. 2. STUDY; REPORT
The human resources investment council shall study and recommend a
legislative proposal to reorganize the workforce investment boards into
geographic regions aligned with the flow of commerce in the state. The
council shall report its recommendation to the house committee on commerce
and the senate committee on economic development and general affairs on or
before January 15, 2006.
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Sec. 3. 21 V.S.A. § 1306a is added to read:
§ 1306a. LABOR MANAGEMENT ADVISORY COUNCIL; MEMBERS;
TERMS
(a) The commissioner shall appoint a state labor advisory council
composed of eight members to include four employer representatives and four
employee representatives who may fairly be regarded as representative because
of their vocations, employment, and affiliations. Appointment of the four
employee representatives, at least one of whom shall have experience in
workers’ compensation law, shall be made from qualified names submitted by
the Vermont State Labor Council, the Vermont State Employees’ Association,
and the Vermont National Education Association. Appointment of the four
employer representatives shall be made from qualified names submitted by the
Vermont Chamber of Commerce, Associated General Contractors of Vermont,
and the Vermont Business Roundtable.
(b) The council shall advise the commissioner in formulating policies by
discussing problems relating to the administration of duties and functions
assigned to the department in order to bring impartiality and freedom from
political influences to the solution of these issues.
(c) The commissioner may establish subcommittees composed solely of
labor or management representatives and use a portion of the council’s meeting
time to meet with these subcommittees.
(d) The council shall meet at least six times per year.
(e) Each member of the council who is not a salaried official or state
employee or is not otherwise compensated through employment while
attending council meetings is entitled to per diem compensation and
reimbursement for expenses as provided in 32 V.S.A. § 1010.
(f) The members of the council shall be appointed by the commissioner for
staggered terms of four years. Of the first members appointments, one
employer and one employee representative shall be for a one-year term, one
employer and one employee representative for a two-year term, one employer
and employee representative for a three-year term, and one employer and one
employee representative for a four-year term. Any appointment to a vacancy
shall be for the unexpired term.
* * * Vocational Rehabilitation Rule * * *
Sec. 4. 21 V.S.A. § 641(a) is amended to read:
(a) When as a result of an injury covered by this chapter, an employee is
unable to perform work for which the employee has previous training or
experience, the employee shall be entitled to vocational rehabilitation services,
SATURDAY, JUNE 4, 2005
1577
including retraining and job placement, as may be reasonably necessary to
restore the employee to suitable employment. Vocational rehabilitation
services shall be provided as follows:
***
(3) The commissioner shall adopt rules to assure that a worker who
requests services or who has received more than 90 days of continuous
temporary total disability benefits is timely and cost-effectively screened for
benefits under this section. The rules shall:
(A) Provide that all vocational rehabilitation work, except for initial
screenings, be performed by a Vermont-certified vocational rehabilitation
counselor including counselors currently certified pursuant to the rules of the
department. Initial screenings shall be performed by an individual with
sufficient knowledge or experience to perform adequately the vocational
rehabilitation screening functions.
(B) Provide for an initial screening to determine whether a full
assessment is appropriate. An injured worker who is determined to be eligible
for benefits shall have an appropriate initial vocational a full assessment shall
be timely assessed and be offered appropriate vocational rehabilitation
services.
(C) The commissioner shall adopt rules to provide Provide a
mechanism for a periodic review and timely screening of injured workers who
are initially found not to be ready or eligible for vocational rehabilitation
services a full assessment to determine whether a full assessment has become
appropriate.
(D) Protect against potential conflicts of interest in the assignment
and performance of initial screenings.
(E) Assure the injured worker has a choice of a vocational
rehabilitation counselor.
***
(5) The commissioner may set by rule reasonable reimbursement rates
for vocational rehabilitation benefits and services, provided access to
vocational rehabilitation services is not diminished, and reasonable choices and
access to benefits and services are maintained. The reimbursement shall
reflect the current market hourly rate of vocational rehabilitation services as
determined by a survey of vocational rehabilitation providers, including solo
practitioners, small firms, and large firms. The fee schedule shall require the
individual vocational rehabilitation counselor who provides services to review,
initial, and certify the accuracy of the billing.
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(6) The commissioner shall make annual reports to the general assembly
on the success and status of the workers’ compensation vocational
rehabilitation program.
* * * Discontinuance of Benefits * * *
Sec. 5. 21 V.S.A. § 643a is amended to read:
§ 643a. DISCONTINUANCE OF BENEFITS
Unless an injured worker has successfully returned to work, an employer
shall notify both the commissioner and the employee prior to terminating
benefits under either section 642 or section 646 of this title. The notice of
intention to discontinue payments shall be filed on forms prescribed by the
commissioner and shall include the date of the proposed discontinuance and
the reasons for it. The liability for the payments shall continue for 7 seven
days after the notice is received by the commissioner and the employee. Those
payments shall be made without prejudice to the employer and may be
deducted from any amounts due pursuant to section 648 of this title if the
commissioner determines that the discontinuance is warranted or if otherwise
ordered by the commissioner. Every notice shall be reviewed by the
commissioner to determine the sufficiency of the basis for the proposed
discontinuance. If, upon review, the commissioner finds that the evidence
does not reasonably support the proposed discontinuance, the commissioner
may shall order that payments continue until a hearing is held and a decision is
rendered. If the commissioner’s decision, after a hearing, is that the employee
was not entitled to any or all benefits paid between the discontinuance and the
final decision, upon request of the employer, the commissioner may order that
the employee repay all benefits to which the employee was not entitled. The
employer may enforce such a repayment order in any court of law having
jurisdiction of the amount involved.
* * * Failure to Pay Benefits * * *
Sec. 6. 21 V.S.A. § 650(e) is amended to read:
(e) If weekly compensation benefits or weekly accrued benefits are not
paid within 21 days after becoming due and payable pursuant to an order of the
commissioner, or in cases in which the overdue benefit is not in dispute, ten
percent of the overdue amount shall be added and paid to the employee, in
addition to interest and any other penalties. In the case of an initial claim,
benefits are due and payable upon entering into an agreement pursuant to
subsection 662(a) of this title, upon issuance of an order of the commissioner
pursuant to subsection 662(b) of this title, or if the employer has not denied the
claim within 21 days after the claim is filed. Benefits are in dispute if the
claimant has been provided actual written notice of the dispute within 21 days
SATURDAY, JUNE 4, 2005
1579
of the benefit being due and payable and the evidence reasonably supports the
denial. Interest shall accrue and be paid on benefits that are found to be
compensable during the period of nonpayment. The commissioner shall
promptly review requests for payment under this section and, consistent with
the criteria in department rule 10.13, shall allow for the recovery of reasonable
attorney fees associated with an employee’s successful request for payment
under this subsection.
* * * Interim Orders * * *
Sec. 7. 21 V.S.A § 662(b) is amended to read:
(b) In the absence of an agreement pursuant to subsection (a) of this
section, the employer or insurance carrier shall notify the commissioner and
the employee in writing that the claim is denied and the reasons therefor.
Upon the employee’s application for a hearing under section 663 of this title,
within 60 days, the commissioner may shall review the evidence upon which
denial is based and if the evidence does not reasonably support the denial, the
commissioner may shall order that payments be made until a hearing is held
and a decision is rendered. Payments pursuant to this subsection shall not be
deemed an admission of liability by the employer nor shall such payments
preclude subsequent agreement under subsection (a) of this section or
prejudice the rights of either party to hearing or appeal under this chapter. If
the commissioner’s decision, after a hearing, is that the employee was not
entitled to any or all benefits paid between the initial denial and the final
decision, upon request of the employer, the commissioner may order that the
employee repay all benefits to which the employee was not entitled. The
employer may enforce such a repayment order in any court of law having
jurisdiction of the amount involved. Nothing in this section shall require the
commissioner to order payments pending a hearing if the commissioner
concludes that the benefit at issue is not compensable regardless of the lack of
evidence supporting the denial. For the purposes of this section, any written
communication by an unrepresented claimant that questions the denial of any
benefit shall be deemed to be an application for hearing under section 663 of
this title.
* * * Lump Sum Payment * * *
Sec. 8. 21 V.S.A. § 652(c) is added to read:
(c) Unless otherwise requested by the claimant, an order for a lump sum
payment of permanent partial or permanent total disability benefits or a lump
sum settlement of a disputed claim shall include a provision accounting for
excludable expenses and prorating the remainder of the lump sum payment in
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JOURNAL OF THE SENATE
the manner set forth by the Social Security Administration in order to protect
the claimant’s entitlement to Social Security benefits.
Sec. 9. REPEAL
(a) 10 V.S.A. § 542 (workforce investment boards) shall be repealed on
July 1, 2006.
(b) 21 V.S.A. § 1306 (advisory council for the department of employment
and training) is repealed as of the effective date of this act.
And that the bill ought to pass in concurrence with such proposals of
amendment.
Thereupon, the bill was read the second time by title only pursuant to
Rule 43, and pending the question, Shall the bill be amended as recommended
by the Committee on Economic Development, Housing and General Affairs?,
Senator Illuzzi requested and was granted leave to withdraw the proposal of
amendment of the Committee on Economic Development, Housing and
General Affairs. Thereupon, Senators Illuzzi, MacDonald and Dunne moved
that the Senate propose to the House that the bill be amended as follows:
Sec. 1. 10 V.S.A. § 541 is added to read:
§ 541.
HUMAN RESOURCES INVESTMENT COUNCIL; STATE
WORKFORCE INVESTMENT BOARD; MEMBERS, TERMS
(a) The human resources investment council is created as the successor to
and the continuation of the governor’s human resources investment council
and shall be the state workforce investment board under Public Law 105-220,
the Workforce Investment Act of 1998 and any reauthorization of that act. The
council shall consist of members as required under the federal act, including a
representative of the Abenaki Self-Help Association, and the following: the
president of the Vermont student assistance corporation; the president of the
Association of Vermont Independent Colleges; the president of the University
of Vermont; the chancellor of the Vermont state colleges; at least two
representatives of labor appointed by the governor in addition to the two
required under the federal act, at least one of whom shall be chosen from
names submitted by labor organizations; one representative of the low income
community appointed by the governor; two members of the senate appointed
by the senate committee on committees; and two members of the house
appointed by the speaker. In addition, the governor shall appoint enough other
members who are representatives of business or employers so that one-half
plus one of the members of the council are representatives of business or
employers. At least one-third of those appointed by the governor as
representatives of business or employers shall be chosen from a list submitted
by the regional workforce investment boards. In this section, “representative
SATURDAY, JUNE 4, 2005
1581
of business” means a business owner, a chief executive operating officer, or
other business executive, and “employer” means an individual with
policy-making or hiring authority, including a public school superintendent or
school board member and including representatives from the nonprofit, social
services, and health sectors of the economy. If there is a dispute as to who is to
represent an interest as required under the federal law, the governor shall
decide who shall be the member of the council.
(b) Members representing business, employers, labor, and the low income
community shall be appointed for terms of three years. Appointed members,
except legislative appointees, shall serve at the pleasure of the governor.
(c) A vacancy shall be filled for the unexpired term in the same manner as
the initial appointment.
(d) The governor shall appoint one of the business or employer members to
chair the council.
(e) The human resources investment council shall appoint four other
members who, in addition to the chair, shall be the executive committee.
(f) Members, other than legislative members, shall be entitled to
compensation and expenses as provided in 32 V.S.A. § 1010. Legislative
members shall be entitled to compensation and expenses as provided in
2 V.S.A. § 406.
(g) The commissioner of labor shall appoint an executive director to the
council, which shall be an exempt position and shall provide the council with
administrative support.
(h) The human resources investment council shall be subject to subchapters
2 and 3 of chapter 5 of Title 1, relating to public meetings and access to public
records.
(i) The human resources investment council shall:
(1) Meet at least three times per year. Members missing more than two
consecutive meetings may be replaced.
(2) Advise the governor on the establishment of an integrated network
of workforce education and training for Vermont.
(3) Coordinate planning and services for an integrated network of
workforce education and training and oversee its implementation.
(4) Establish and oversee workforce investment boards as provided in
section 542 of this title.
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(5)
boards.
JOURNAL OF THE SENATE
Establish performance goals for regional workforce investment
(6) Establish goals for and coordinate the state’s workforce education
and training policies.
(7) Receive annual reports from the department of employment and
training on the workforce education and training revenues and expenditures of
agencies and institutions which are members of the council.
(8) Annually review and comment on workforce education and training
revenues and expenditures of member agencies and institutions.
(9) Negotiate memoranda of understanding between the council and
agencies and institutions involved in Vermont’s integrated network of
workforce education and training in order to ensure that each is working to
achieve annual objectives developed by the council.
(10) Carry out the duties assigned to the state workforce investment
board, as required for a single-service delivery state, under P.L. 105-220, the
Workforce Investment Act of 1998, and any amendments that may be made
to it.
(11) Annually, on or before January 15, report to the general assembly
on activities carried out during the previous year in order to accomplish its
mandate.
Sec. 2. STUDY; REPORT
The human resources investment council shall study and recommend a
legislative proposal to reorganize the workforce investment boards into
geographic regions aligned with the flow of commerce in the state. The
council shall report its recommendation to the house committee on commerce
and the senate committee on economic development and general affairs on or
before January 15, 2006.
Sec. 3. 21 V.S.A. § 1306a is added to read:
§ 1306a. LABOR MANAGEMENT ADVISORY COUNCIL; MEMBERS;
TERMS
(a) The commissioner shall appoint a state labor advisory council
composed of eight members to include four employer representatives and four
employee representatives who may fairly be regarded as representative because
of their vocations, employment, and affiliations. Appointment of the four
employee representatives, at least one of whom shall have experience in
workers’ compensation law, shall be made from qualified names submitted by
the Vermont State Labor Council, the Vermont State Employees’ Association,
SATURDAY, JUNE 4, 2005
1583
and the Vermont National Education Association. Appointment of the four
employer representatives shall be made from qualified names submitted by the
Vermont Chamber of Commerce, Associated General Contractors of Vermont,
and the Vermont Business Roundtable.
(b) The council shall advise the commissioner in formulating policies by
discussing problems relating to the administration of duties and functions
assigned to the department in order to bring impartiality and freedom from
political influences to the solution of these issues.
(c) The commissioner may establish subcommittees composed solely of
labor or management representatives and use a portion of the council’s meeting
time to meet with these subcommittees.
(d) The council shall meet at least six times per year.
(e) Each member of the council who is not a salaried official or state
employee or is not otherwise compensated through employment while
attending council meetings is entitled to per diem compensation and
reimbursement for expenses as provided in 32 V.S.A. § 1010.
(f) The members of the council shall be appointed by the commissioner for
staggered terms of four years. Of the first members appointments, one
employer and one employee representative shall be for a one-year term, one
employer and one employee representative for a two-year term, one employer
and employee representative for a three-year term, and one employer and one
employee representative for a four-year term. Any appointment to a vacancy
shall be for the unexpired term.
* * * Vocational Rehabilitation Rule * * *
Sec. 4. 21 V.S.A. § 641(a) is amended to read:
(a) When as a result of an injury covered by this chapter, an employee is
unable to perform work for which the employee has previous training or
experience, the employee shall be entitled to vocational rehabilitation services,
including retraining and job placement, as may be reasonably necessary to
restore the employee to suitable employment. Vocational rehabilitation
services shall be provided as follows:
***
(3) The commissioner shall adopt rules to assure that a worker who
requests services or who has received more than 90 days of continuous
temporary total disability benefits is timely and cost-effectively screened for
benefits under this section. The rules shall:
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JOURNAL OF THE SENATE
(A) Provide that all vocational rehabilitation work, except for initial
screenings, be performed by a Vermont-certified vocational rehabilitation
counselor including counselors currently certified pursuant to the rules of the
department. Initial screenings shall be performed by an individual with
sufficient knowledge or experience to perform adequately the vocational
rehabilitation screening functions.
(B) Provide for an initial screening to determine whether a full
assessment is appropriate. An injured worker who is determined to be eligible
for benefits shall have an appropriate initial vocational a full assessment shall
be timely assessed and be offered appropriate vocational rehabilitation
services.
(C) The commissioner shall adopt rules to provide Provide a
mechanism for a periodic review and timely screening of injured workers who
are initially found not to be ready or eligible for vocational rehabilitation
services a full assessment to determine whether a full assessment has become
appropriate.
(D) Protect against potential conflicts of interest in the assignment
and performance of initial screenings.
(E) Assure the injured worker has a choice of a vocational
rehabilitation counselor.
***
(5) The commissioner may set by rule reasonable reimbursement rates
for vocational rehabilitation benefits and services, provided access to
vocational rehabilitation services is not diminished, and reasonable choices and
access to benefits and services are maintained. The reimbursement shall
reflect the current market hourly rate of vocational rehabilitation services as
determined by a survey of vocational rehabilitation providers, including solo
practitioners, small firms, and large firms. The fee schedule shall require the
individual vocational rehabilitation counselor who provides services to review,
initial, and certify the accuracy of the billing.
(6) The commissioner shall make annual reports to the general assembly
on the success and status of the workers’ compensation vocational
rehabilitation program.
SATURDAY, JUNE 4, 2005
1585
* * * Discontinuance of Benefits * * *
Sec. 5. 21 V.S.A. § 643a is amended to read:
§ 643a. DISCONTINUANCE OF BENEFITS
Unless an injured worker has successfully returned to work, an employer
shall notify both the commissioner and the employee prior to terminating
benefits under either section 642 or section 646 of this title. The notice of
intention to discontinue payments shall be filed on forms prescribed by the
commissioner and shall include the date of the proposed discontinuance and
the reasons for it. The liability for the payments shall continue for 7 seven
days after the notice is received by the commissioner and the employee. Those
payments shall be made without prejudice to the employer and may be
deducted from any amounts due pursuant to section 648 of this title if the
commissioner determines that the discontinuance is warranted or if otherwise
ordered by the commissioner. Every notice shall be reviewed by the
commissioner to determine the sufficiency of the basis for the proposed
discontinuance. If, upon review, the commissioner finds that the evidence
does not reasonably support the proposed discontinuance, the commissioner
may shall order that payments continue until a hearing is held and a decision is
rendered. If the commissioner’s decision, after a hearing, is that the employee
was not entitled to any or all benefits paid between the discontinuance and the
final decision, upon request of the employer, the commissioner may order that
the employee repay all benefits to which the employee was not entitled. The
employer may enforce such a repayment order in any court of law having
jurisdiction of the amount involved.
* * * Failure to Pay Benefits * * *
Sec. 6. 21 V.S.A. § 650(e) is amended to read:
(e) If weekly compensation benefits or weekly accrued benefits are not
paid within 21 days after becoming due and payable pursuant to an order of the
commissioner, or in cases in which the overdue benefit is not in dispute, ten
percent of the overdue amount shall be added and paid to the employee, in
addition to interest and any other penalties. In the case of an initial claim,
benefits are due and payable upon entering into an agreement pursuant to
subsection 662(a) of this title, upon issuance of an order of the commissioner
pursuant to subsection 662(b) of this title, or if the employer has not denied the
claim within 21 days after the claim is filed. Benefits are in dispute if the
claimant has been provided actual written notice of the dispute within 21 days
of the benefit being due and payable and the evidence reasonably supports the
denial. Interest shall accrue and be paid on benefits that are found to be
compensable during the period of nonpayment. The commissioner shall
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JOURNAL OF THE SENATE
promptly review requests for payment under this section and, consistent with
the criteria in department rule 10.13, shall allow for the recovery of reasonable
attorney fees associated with an employee’s successful request for payment
under this subsection.
* * * Interim Orders * * *
Sec. 7. 21 V.S.A § 662(b) is amended to read:
(b) In the absence of an agreement pursuant to subsection (a) of this
section, the employer or insurance carrier shall notify the commissioner and
the employee in writing that the claim is denied and the reasons therefor.
Upon the employee’s application for a hearing under section 663 of this title,
within 60 days, the commissioner may shall review the evidence upon which
denial is based and if the evidence does not reasonably support the denial, the
commissioner may shall order that payments be made until a hearing is held
and a decision is rendered. Payments pursuant to this subsection shall not be
deemed an admission of liability by the employer nor shall such payments
preclude subsequent agreement under subsection (a) of this section or
prejudice the rights of either party to hearing or appeal under this chapter. If
the commissioner’s decision, after a hearing, is that the employee was not
entitled to any or all benefits paid between the initial denial and the final
decision, upon request of the employer, the commissioner may order that the
employee repay all benefits to which the employee was not entitled. The
employer may enforce such a repayment order in any court of law having
jurisdiction of the amount involved. Nothing in this section shall require the
commissioner to order payments pending a hearing if the commissioner
concludes that the benefit at issue is not compensable regardless of the lack of
evidence supporting the denial. For the purposes of this section, any written
communication by an unrepresented claimant that questions the denial of any
benefit shall be deemed to be an application for hearing under section 663 of
this title.
* * * Lump Sum Payment * * *
Sec. 8. 21 V.S.A. § 652(c) is added to read:
(c) Unless otherwise requested by the claimant, an order for a lump sum
payment of permanent partial or permanent total disability benefits or a lump
sum settlement of a disputed claim shall include a provision accounting for
excludable expenses and prorating the remainder of the lump sum payment in
the manner set forth by the Social Security Administration in order to protect
the claimant’s entitlement to Social Security benefits.
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1587
Sec. 9. REPEAL
(a) 10 V.S.A. § 542 (workforce investment boards) shall be repealed on
July 1, 2008.
(b) 21 V.S.A. § 1306 (advisory council for the department of employment
and training) is repealed as of the effective date of this act.
Thereupon, pending the question, Shall the Senate propose to the House to
amend the bill as moved by Senators Illuzzi, MacDonald, Dunne?, Senator
Mullin raised a point of order as to Secs. 3-8 of the proposal of amendment on
Senate Rule 90, in that the same provisions had been acted on by the Senate
previously, and therefore they should not again be considered by the Senate.
The President overruled the point of order based on precedent of the Senate,
stating that the question presented is not the same question as previously acted
upon by the Senate.
Senator Mullin then raised a point of order on Secs. 3-8, on the ground of
lack of germaneness. This point of order was sustained by President, in that
the sections in question were not sufficiently related to the underlying bill and
therefore could not to be considered by Senate.
Thereupon, Senator Campbell moved to suspend the rules to allow
consideration of a non-germane proposal of amendment, which was agreed to
on a roll call Yeas 19, Nays 4, (the required 3/4 vote having been attained).
Senator Mullin having demanded the yeas and nays, they were taken and
are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Bartlett,
Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard,
Illuzzi, Kitchel, Kittell, Leddy, Lyons, Miller, Sears, Welch, White.
Those Senators who voted in the negative were: Maynard, Mazza,
Mullin, Wilton.
Those Senators absent and not voting were: Coppenrath, Gander,
MacDonald, Scott, Shepard, Snelling, Starr.
Thereupon, the pending question, Shall the Senate propose to the House that
the bill be amended as moved by Senators Illuzzi, MacDonald and Dunne?,
was decided in the affirmative.
Thereupon, pending the question, Shall bill be read the third time?, Senators
Miller, Illuzzi and Starr, moved that the Senate propose to the House to amend
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the bill by adding two new sections, to be numbered Secs. 9 and 10 to read as
follows:
* * * Wood Products Manufacturing * * *
Sec. 9.
WOOD PRODUCTS MANUFACTURING TAX CREDITS;
FINDINGS
The general assembly finds that the economic vitality within certain
adjacent counties in the state with the highest unemployment rates is dependent
on a limited number of employers that manufacture finished wood products. In
order to support the sustainability and vitality of the finished wood products
industry, the general assembly further finds that income tax credits will
provide financial assistance needed to maintain the economic well-being of the
communities that rely so heavily on this industry for the health of their
economies.
Sec. 10. 32 V.S.A. § 5930y is added to read:
§ 5930y. WOOD PRODUCTS MANUFACTURER CREDIT
(a) Annually on or before February 1, the secretary of commerce and
community development shall designate any two adjacent counties having at
least five percent of their jobs provided by employers that manufacture
finished wood products and having the highest unemployment rate in the state
for at least one month in the previous calendar year. Upon making a
designation, the secretary shall send a written notice to the commissioner of
taxes identifying the designated counties.
(b) A credit against the income tax liability is available as follows:
(1) There shall be a credit of two percent of the wages paid in the
taxable year by an employer for services performed in a designated county or
an adjacent county associated with the manufacture of finished wood products.
The credit shall be available to the employer in any year the county qualifies
and for one year after a qualification ends.
(2) The credit, either alone or in combination with any other credit
allowed by this chapter, shall not reduce the income tax liability of the
employer by more than 80 percent.
(3) The recapture of development incentives established in subchapter 6
of chapter 47 of Title 3 shall apply to the tax credits in this section, except that
the provisions of subsection 2512(c) of that title shall not apply to business
relocation outside the designated counties.
And by renumbering the remaining section to be numerically correct.
Which was agreed to.
SATURDAY, JUNE 4, 2005
1589
Thereupon, pending the question, Shall the bill be read the third time?,
Senator Sears moved to amend the bill by inserting a new section to be
numbered Sec. 11, to read as follows:
Sec. 11. 21 V.S.A. §384(a), as amended by Sec. 1 of S. 80 of the 2005
session, is further amended to read:
(a) An employer shall not employ an employee at a rate less than $7.00 an
hour and, beginning January 1, 2006, at a rate less than $7.25, and, beginning
January 1, 2007, and on each subsequent January 1, the minimum wage rate
shall be increased by the lesser of five percent or the average of: the Consumer
Price Index, CPI-U, U.S. city average, not seasonally adjusted, or successor
index, as calculated by the U.S. Department of Labor or successor agency for
the 12 months preceding the previous September 1, whichever is smaller. The
minimum wage shall be rounded off to the nearest $0.01. An employer in the
hotel, motel, tourist place, and restaurant industry shall not employ a service or
tipped employee at a basic wage rate less than $3.65 an hour and beginning
January 1, 2006, and every January 1 thereafter that rate shall be increased by
the same percentage as the minimum wage under this section. For the
purposes of this subsection, “a service or tipped employee” means an
employee of a hotel, motel, tourist place, or restaurant who customarily and
regularly receives more than $30.00 per month in tips for direct and personal
customer service. If the minimum wage rate established by the United States
government is greater than the rate established for Vermont for any year, the
minimum wage rate for that year shall be the rate established by the United
States government.
And that the last section be renumbered to be numerically correct.
Thereupon, pending the question, Shall the Senate propose to the House to
amend the bill as moved by Senator Sears?, Senator Maynard raised a point of
order under Sec. 402 of Mason’s Manual of Legislative Procedure on the
ground that the proposal of amendment offered by Senator Sears was not
germane to the bill and therefore could not be considered by the Senate.
Thereupon, the President sustained the point of order and ruled that the
proposal of amendment offered by Senator Sears was not germane to the bill
since it presented a question that expanded the subject matter of the bill and
introduced a different topic.
Thereupon, Senator Campbell moved to suspend the rules to allow
consideration of a non-germane proposal of amendment, which was agreed to
on a roll call Yeas 19, Nays 4 (the necessary three-fourths vote having been
attained).
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Senator Mullin having demanded the yeas and nays, they were taken and
are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Bartlett,
Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard,
Illuzzi, Kitchel, Kittell, Leddy, Lyons, Miller, Sears, Welch, White.
Those Senators who voted in the negative were: Maynard, Mazza,
Mullin, Wilton.
Those Senators absent and not voting were: Coppenrath, Gander,
MacDonald, Scott, Shepard, Snelling, Starr.
Thereupon, the recurring question, Shall the Senate propose to the House
that the bill be amended as moved by the Senator Sears?, was agreed to on a
roll call, Yeas 19, Nays 4.
Senator Mullin having demanded the yeas and nays, they were taken and
are as follows:
Roll Call
Those Senators who voted in the affirmative were: Ayer, Bartlett,
Campbell, Collins, Condos, Cummings, Doyle, Dunne, Flanagan, Giard,
Illuzzi, Kitchel, Kittell, Leddy, Lyons, Miller, Sears, Welch, White.
Those Senators who voted in the negative were: Maynard, Mazza,
Mullin, Wilton.
Those Senators absent and not voting were: Coppenrath, Gander,
MacDonald, Scott, Shepard, Snelling, Starr.
Thereupon, pending the question, Shall the bill be read the third time?,
Senators Campbell, Ayer, Condos, Cummings, Flanagan, Gander, Giard,
Illuzzi, Kittell, Leddy, Lyons, Miller, Sears, Welch and White moved that the
Senate propose to the House that the bill be amended as follows:
First: In Sec. 1, 10 V.S.A. § 541(a), in the second sentence, after the
following: “Self-Help Association and the following:” by inserting the
following: two members of the study committee on international trade and
state sovereignty established by 3 V.S.A. § 23;
and in subsection (i) of that section, by adding a new subdivision (11) to
read as follows:
(11) Collaborate with the study committee on international trade and
state sovereignty with respect to the effects of international agreements on the
state’s work force, and make recommendations on those matters to the
SATURDAY, JUNE 4, 2005
1591
governor and the general assembly to assist in determinations as to whether the
state should consent to participate in various international treaties negotiated
by the United States Government;
And by renumbering the remaining subdivision to be numerically correct
Second: By adding a new section to be numbered Sec. 12 to read as follows:
Sec. 12. 3 V.S.A. §§ 23 is added to read:
§ 23. STATE ENTRY INTO OBLIGATIONS UNDER TREATY OR
TRADE AGREEMENT; STUDY COMMITTEE ON INTERNATIONAL
TRADE AND STATE SOVEREIGNTY
(a) Definitions. For the purposes of this section:
(1) “International Trade Agreement” means a trade agreement between
the federal government and a foreign country to which the state, at the request
of the federal government, is or may be a party.
(2) “International Trade Agreement” does not include a trade agreement
between the state and a foreign country to which the federal government is not
a party.
(b) Limitations. Except as provided in subsection (c) of this section, no
state official, including the governor, may:
(1) Bind the state to an international trade agreement; or
(2) Give consent to the federal government to bind the state to an
international trade agreement.
(c) State policy in general. It is the policy of the State of Vermont to
decline to participate in an international trade agreement until the overall
effects of that participation are fully and adequately considered, and are
determined to be beneficial to the state. The governor may bind the state or
give consent to the federal government to bind the state to an international
trade agreement only after receiving the formal recommendations of the study
committee on international trade and state sovereignty with respect to that
specific agreement, and only in situations in which the general assembly, after
receiving those recommendations gives its assent by joint resolution or act of
legislation or fails to enact an act or joint resolution to prohibit the governor
from making that specific commitment.
(d) State policy on specific trade agreements.
(1) The State of Vermont declines to participate in the CAFTA
agreement, and formally withdraws the Governor’s consent, as expressed in a
letter dated October 30, 2003 to Trade Representative Robert B. Zoellick, to
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the state’s participation in trade agreements with Morocco, Australia, the
countries of the Central American Common Market and the South African
Customs Union..
§ 24.
(e) There is created a study committee on international trade and state
sovereignty, to consist of the following: two members of the Senate, appointed
by the Committee on Committees; two members of the House, appointed by
the Speaker; the designated state point of contact; the attorney general or a
designee; one representative of the state’s municipalities, appointed by the
governor; four members of the public appointed by the governor as follows: a
small business person, a small farmer, a representative of a nonprofit
organization that promotes fair trade policies, and a representative of a
Vermont based corporation that is active in international trade; three members
of the public appointed by the Speaker of the House as follows: a health care
professional, a person active in the organized labor community, and a member
of a non-profit environmental organization; three members of the public
appointed by the President Pro Tem of the Senate: one member of a nonprofit
human rights organization, one representative of a Vermont based
manufacturing business with 25 or more employees, and a representative of an
economic development organization.
(f) The committee shall assess and monitor the legal and economic impacts
of trade agreements on state and local laws, state sovereignty, working
conditions and the business environment. It shall provide a mechanism for
citizens and legislators to voice their concerns and recommendations and make
policy recommendations to the general assembly and to the trade
representatives of the United States government, which shall be designed to
protect Vermont’s job, business environment and state sovereignty from any
negative impact of trade agreements. It may recommend legislation or
preferred practices and shall work with interested groups in other states to
develop means to resolve the conflicting goals and tension inherent in the
relationship between international trade and state sovereignty.
(g) In response to a request from the governor or the general assembly, or
on its own initiative the committee shall consider and develop formal
recommendations with respect to how the state should best respond to
challenges and opportunities posed by a particular international agreement.
Formal recommendations on a specific international agreement shall be
submitted to the governor and to the house and senate committees on judiciary,
on government operations, and on natural resources and energy, and to the
house committee on commerce and the senate committees on finance and on
economic development, housing and general affairs.
SATURDAY, JUNE 4, 2005
1593
(h) The committee shall be entitled to staff services of the agency of
commerce, the attorney general, the legislative council, the joint fiscal
committee.
And by renumbering the remaining section to be numerically correct.
Which was agreed to.
Thereupon, the recurring question, Shall the bill be read the third time?, was
decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was placed on all remaining stages of its passage in concurrence with
proposals of amendment forthwith.
Thereupon, the bill was read the third time and passed in concurrence with
proposals of amendment.
Thereupon, on motion of Senator Welch, the rules were suspended, and the
bill was ordered messaged to the House forthwith.
Consideration Resumed; Report of Committee of Conference Accepted
and Adopted on the Part of the Senate; Rules Suspended; Bill Messaged
S. 80.
Consideration was resumed on Senate bill entitled:
An act relating to increasing the minimum wage.
Thereupon, the pending question, Shall the Senate accept and adopt the
report of the Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the Governor forthwith.
Message from the House No. 90
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered the reports of
the Committees of Conference upon the disagreeing votes of the two Houses
on House bills of the following titles:
H. 516. An act making appropriations for the support of government.
H. 521. An act relating to miscellaneous tax amendments.
1594
H. 540.
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JOURNAL OF THE SENATE
An act relating to the agricultural and forest land use value
And has adopted the same on its part.
The House has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses on Senate bill of the following title:
S. 16. An act relating to campaign finance.
And has adopted the same on its part.
Rules Suspended; Report of Committee of Conference Accepted and
Adopted on the Part of the Senate; Rules Suspended; Bill Messaged
S. 16.
Pending entry on the Calendar for notice, on motion of Senator Welch, the
rules were suspended and the report of the Committee of Conference on Senate
bill entitled:
An act relating to campaign finance.
Was taken up for immediate consideration.
Senator Condos, for the Committee of Conference, submitted the following
report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon Senate bill entitled:
S. 16. An act relating to campaign finance.
Respectfully reports that it has met and considered the same and
recommends that the Senate accede to the House proposal of amendment.
JAMES C. CONDOS
JEANETTE K. WHITE
WILLIAM T. DOYLE
Committee on the part of the Senate
LYNN BOHI
DAVID CLARK
JIM HUTCHINSON
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the
Committee of Conference?, was decided in the affirmative.
SATURDAY, JUNE 4, 2005
1595
Thereupon, on motion of Senator Welch, the rules were suspended and the
bill was ordered messaged to the Governor forthwith.
Message from the House No. 91
A message was received from the House of Representatives by Mr. MaGill,
its First Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered Senate
proposals of amendment to House bill of the following title:
H. 352.
compact.
An act relating to the interstate insurance product regulation
H. 403. An act relating to basic needs budget calculations to determine
livable wages.
H. 532. An act relating to solid waste facility fees, taxes and certification.
H. 533. An act relating to compensation for certain state employees.
And has severally concurred therein.
The House has considered the reports of the Committees of Conference
upon the disagreeing votes of the two Houses on House bill of the following
title:
H. 156. An act relating to conservation motor vehicle registration plates.
H. 524. An act relating to universal access to health care in Vermont
And has adopted the same on its part.
The House has considered a Joint Resolution originating in the Senate of
the following title:
J.R.S. 41. Joint resolution relating to final adjournment of the General
Assembly in 2005.
And has adopted the same in concurrence.
The House has adopted Concurrent resolutions of the following titles:
H.C.R. 175. House concurrent resolution congratulating the 2005 Black
River Union High School girls’ championship snowboarding team.
H.C.R. 176. House concurrent resolution honoring Brock Alan Tucker of
South Burlington on becoming an Eagle Scout.
H.C.R. 177. House concurrent resolution honoring Harvey Sharrow of
Charlotte.
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H.C.R. 178. House concurrent resolution the Crossett Brook Middle
School Odyssey of the Mind team on its outstanding Vermont and world
competition performances.
H.C.R. 179. House concurrent resolution congratulating Linda Conrad on
her retirement from Dan and Whit’s General Store in Norwich.
H.C.R. 180. House concurrent resolution congratulating Gail B. Conley on
his outstanding career in public education.
H.C.R. 181. House concurrent resolution honoring Robert F. Stevens for
his outstanding career in public education.
H.C.R. 182.
House concurrent resolution in memory of former
Representative Robert D. Yoder of Springfield.
In the adoption of which the concurrence of the Senate is requested.
The House has considered concurrent resolutions originating in the Senate
of the following titles:
S.C.R. 42. Senate concurrent resolution honoring Deputy Attorney General
J. Wallace Malley for his exemplary public service on behalf of the state of
Vermont.
And has adopted the same in concurrence.
Senate Concurrent Resolution
The following joint concurrent resolution, having been placed on the
consent calendar on the preceding legislative day, and no Senator having
requested floor consideration as provided by the Joint Rules of the Senate and
House of Representatives, is hereby adopted on the part of the Senate:
By Senators Cummings, Doyle and Scott,
By Representative Brooks and others,
S.C.R. 42.
Senate concurrent resolution honoring Deputy Attorney General J. Wallace
Malley for his exemplary public service on behalf of the state of Vermont.
[The full text of the Senate concurrent resolution appeared in the Senate
calendar addendum for Friday, June 3, 2005, and, if adopted in concurrence by
the House, will appear in the volume of the Public Acts and Resolves to be
published for this session of the sixty-eighth biennial session of the Vermont
General Assembly.]
SATURDAY, JUNE 4, 2005
1597
House Concurrent Resolutions
The following joint concurrent resolutions having been placed on the
consent calendar on the preceding legislative day, and no Senator having
requested floor consideration as provided by the Joint Rules of the Senate and
House of Representatives, are hereby adopted in concurrence:
By Representative Nitka,
H.C.R. 175.
House concurrent resolution congratulating the 2005 Black River Union
High School girls’ championship snowboarding team.
By Representative Pugh and others,
H.C.R. 176.
House concurrent resolution honoring Brock Alan Tucker of South
Burlington on becoming an Eagle Scout.
By Representative Orr,
H.C.R. 177.
House concurrent resolution honoring Harvey Sharrow of Charlotte.
By Representative Minter and others,
H.C.R. 178.
House concurrent resolution congratulating the Crossett Brook Middle
School Odyssey of the Mind team on its outstanding Vermont and world
competition performances.
By Representative Seibert and others,
H.C.R. 179.
House concurrent resolution congratulating Linda Conrad on her retirement
from Dan and Whit’s General Store in Norwich.
By Representative Barnard and others,
H.C.R. 180.
House concurrent resolution congratulating Gail B. Conley on his
outstanding career in public education.
By Representative Barnard and others,
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H.C.R. 181.
House concurrent resolution honoring Robert F. Stevens for his outstanding
career in public education.
By Representative Emmons and others,
H.C.R. 182.
House concurrent resolution in memory of former Representative Robert D.
Yoder of Springfield.
[The full text of the House concurrent resolutions appeared in the Senate
calendar addendum for Friday, June 3, 2005, and will appear in the volume of
the Public Acts and Resolves to be published for this session of the sixtyeighth biennial session of the Vermont General Assembly.]
Joint Resolution Adopted on the Part of the Senate
Joint Senate resolution of the following title was offered, read and adopted
on the part of the Senate, and is as follows:
By Senator Welch,
J.R.S. 41. Joint resolution relating to final adjournment of the General
Assembly in 2005.
Resolved by the Senate and House of Representatives
That when the President of the Senate and the Speaker of the House of
Representatives adjourn their respective houses on the fourth day of
June, 2005, they shall do so to reconvene no later than the third day of January,
2006.
Secretary Directed to Inform the House of Completion of Business
On motion of Senator Campbell, the Secretary was directed to inform the
House that the Senate has completed the business of the session and is ready to
adjourn to a day certain, January 3, 2006, pursuant to the provisions of
J.R.S. 41.
Committee Appointed to Inform Governor of Completion of Business
On motion of Senator Campbell, the President appointed the following five
(5) Senators as members of a committee to wait upon His Excellency, James
H. Douglas, the Governor, and inform him that the Senate has completed the
business of the session and is ready to adjourn to a day certain, January 3,
2006, pursuant to the provisions of J.R.S. 41:
SATURDAY, JUNE 4, 2005
1599
Senator Welch
Senator Doyle
Senator Kittell
Senator Campbell
Senator Mullin
Report of Committee
The Committee appointed to wait upon His Excellency, the Governor, to
inform him that the Senate had, on its part, completed the business of the
session and was ready to adjourn to a day certain, January 3, 2006, pursuant to
the provisions of J.R.S. 41, performed the duties assigned to it and escorted the
Governor to the rostrum where he delivered his remarks in person.
Remarks of Governor
The Governor, the Honorable James H. Douglas, assumed the rostrum and
briefly addressed the Senate.
Departure of Governor
The Governor, having completed the delivery of his message, was escorted
from the Chamber by the committee appointed by the Chair.
Final Adjournment
On motion of Senator Campbell, at five o'clock and forty minutes in the
afternoon, (5:40 P.M.), the Senate adjourned to a day certain, January 3, 2006,
at ten o'clock in the forenoon, pursuant to the provisions of J.R.S. 41.