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House Calendar
Wednesday, May 07, 2014
121st DAY OF THE ADJOURNED SESSION
House Convenes at 10:00 A.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 673
Retirement and pension amendments .............................................. 3407
Rep. Browning Amendment ........................................................................ 3407
Rep. Browning Amendment ........................................................................ 3407
Rep. Browning Amendment ........................................................................ 3407
Favorable with Amendment
S. 237
An act relating to civil forfeiture proceedings in cases of animal cruelty
..................................................................................................................... 3408
Rep. Conquest for Judiciary
Senate Proposal of Amendment
H. 497
The open meeting law ..................................................................... 3408
H. 790
Reach Up eligibility ......................................................................... 3416
H. 877
Repeal of report requirements that are at least five years old ......... 3421
S. 239
An act relating to the regulation of toxic substances ....................... 3456
NOTICE CALENDAR
Favorable with Amendment
S. 263
An act relating to the authority of assistant judges in child support
contempt proceedings .................................................................................. 3458
Rep. Lippert for Judiciary
S. 264
An act relating to technical corrections to civil and criminal procedure
statutes ......................................................................................................... 3461
Rep. Lippert for Judiciary
Senate Proposal of Amendment
H. 413
The Uniform Collateral Consequences of Conviction Act ............. 3465
H. 501
Operating a motor vehicle under the influence of alcohol or drugs 3467
H. 552
Raising the Vermont minimum wage .............................................. 3468
H. 555
The commitment of a criminal defendant who is incompetent to stand
trial because of a traumatic brain injury ...................................................... 3469
H. 578
Administering State funds for loans to individuals for replacement of
failed wastewater systems and potable water supplies ................................ 3480
H. 645
Workers’ compensation ................................................................... 3480
H. 646
Unemployment insurance ................................................................ 3488
H. 656
Professions and occupations regulated by the Office of Professional
Regulation .................................................................................................... 3489
H. 728
Developmental services’ system of care ......................................... 3491
S. 208
An act relating to solid waste management ...................................... 3494
Committee of Conference Report
S. 234
An act relating to Medicaid coverage for home telemonitoring services
..................................................................................................................... 3495
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 3496
- 3407 -
ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 673
An act relating to retirement and pension amendments
Amendment to be offered by Rep. Browning of Arlington to H. 673
By striking out Secs. 4 and 5 in their entirety, and by renumbering the
remaining sections to be numerically correct.
Amendment to be offered by Rep. Browning of Arlington to H. 673
That the bill be amended as follows:
First:
By striking out Sec. 4 in its entirety and inserting a new Sec. 4 to
read:
Sec. 4.
16 V.S.A. § 1944d is added to read:
§ 1944d.
TEACHER FEE FOR HEALTH CARE
Members of the State Teachers’ Retirement System of Vermont as of
July 1, 2015 shall pay an annual fee for their health and medical benefits.
The
fee shall be equivalent to one percent of the value, as approved annually by the
Board of Trustees based on the actuary’s recommendation, of the average
health insurance coverage provided to members.
The fee shall be paid by
members at a time and in a manner to be determined by the Board.
Second:
By striking out Sec. 5 in its entirety, and by renumbering the
remaining sections to be numerically correct.
Amendment to be offered by Rep. Browning of Arlington to H. 673
By inserting a new Sec. 7 to read:
Sec. 7.
REPEAL
On July 1, 2015, 32 V.S.A. chapter 135 (education property tax) is repealed.
and by renumbering the remaining section to be numerically correct.
- 3408 -
Favorable with Amendment
S. 237
An act relating to civil forfeiture proceedings in cases of animal cruelty
Rep. Conquest of Newbury,
for the Committee on
Judiciary,
recommends
that the House propose to the Senate that the bill be amended as follows:
First:
In Sec. 1, 13 V.S.A. § 354, in subsection (d), in the second sentence,
after the words “motion for forfeiture” by adding, if a criminal charge has been
filed, or a petition for forfeiture if no criminal charge has been filed
Second:
In Sec. 1, 13V.S.A. § 354, in subdivision (f)(2), after the second
sentence by adding “Upon request of the other party or the Court, the party
offering an affidavit shall make the affiant available by telephone at the
hearing.”
(Committee vote: 8-0-3 )
(For text see Senate Journal March 11, 2014 )
Senate Proposal of Amendment
H. 497
An act relating to the open meeting law
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
1 V.S.A. § 310 is amended to read:
§ 310.
DEFINITIONS
As used in this subchapter:
(1)
“Deliberations” means weighing, examining, and discussing the
reasons for and against an act or decision, but expressly excludes the taking of
evidence and the arguments of parties.
(2)
“Meeting” means a gathering of a quorum of the members of a
public body for the purpose of discussing the business of the public body or for
the purpose
of
taking
action.
“Meeting”
shall
not
mean
written
correspondence or an electronic communication, including e-mail, telephone,
or teleconferencing, between members of a public body for the purpose of
scheduling a meeting, organizing an agenda, or distributing materials to
discuss at a meeting, provided that such a written correspondence or such an
electronic communication that results in written or recorded information shall
be available for inspection and copying under the Public Records Act as set
forth in chapter 5, subchapter 3 of this title.
- 3409 -
(3)
“Public body” means any board, council, or commission of the state
State or one or more of its political subdivisions, any board, council, or
commission of any agency, authority, or instrumentality of the state State or
one or more of its political subdivisions, or any committee of any of the
foregoing boards, councils, or commissions, except that “public body” does not
include councils or similar groups established by the governor Governor for
the sole purpose of advising the governor Governor with respect to policy.
(4)
“Publicly announced” means that notice is given to an editor,
publisher, or news director of a newspaper or radio station serving the area of
the state State in which the public body has jurisdiction, and to any editor,
publisher or news director person who has requested under subdivision
312(c)(5) of this title to be notified of special meetings.
(5)
“Quasi-judicial proceeding” means a proceeding which is:
(A)
a contested case under the Vermont Administrative Procedure
Act; or
(B)
a case in which the legal rights of one or more persons who are
granted party status are adjudicated, which is conducted in such a way that all
parties have opportunity to present evidence and to cross-examine witnesses
presented by other parties, which results in a written decision, and the result of
which is appealable by a party to a higher authority.
Sec. 2.
1 V.S.A. § 312 is amended to read:
§ 312.
RIGHT TO ATTEND MEETINGS OF PUBLIC AGENCIES
(a)(1)
All meetings of a public body are declared to be open to the public at
all times, except as provided in section 313 of this title.
No resolution, rule,
regulation, appointment, or formal action shall be considered binding except as
taken or made at such open meeting, except as provided under section
subdivision 313(a)(2) of this title.
A meeting may be conducted by audio
conference or other electronic means, as long as the provisions of this
subchapter are met.
A meeting of a public body is subject to the public
accommodation requirements of 9 V.S.A. chapter 139.
A public body shall
electronically record by audio tape, all public hearings held to provide a forum
for public comment on a proposed rule, pursuant to 3 V.S.A. § 840.
The
public shall have access to copies of such tapes electronic recordings as
described in section 316 of this title.
(2)
Participation in meetings through electronic or other means.
(A)
As long as the requirements of this subchapter are met, one or
more of the members of a public body may attend a regular, special, or
emergency meeting by electronic or other means without being physically
- 3410 -
present at a designated meeting location.
(B)
If one or more members attend a meeting by electronic or other
means, such members may fully participate in discussing the business of the
public body and voting to take an action, but any vote of the public body shall
be taken by roll call.
(C)
Each member who attends a meeting without being physically
present at a designated meeting location shall:
(i)
identify himself or herself when the meeting is convened; and
(ii)
be able to hear the conduct of the meeting and be heard
throughout the meeting.
(D)
If a quorum or more of the members of a public body attend a
meeting without being physically present at a designated meeting location, the
following additional requirements shall be met:
(i)
At least 24 hours prior to the meeting, or as soon as practicable
prior to an emergency meeting, the public body shall publicly announce the
meeting, and a municipal public body shall post notice of the meeting in or
near the municipal clerk’s office and in at least two other designated public
places in the municipality.
(ii)
The public announcement and posted notice of the meeting
shall designate at least one physical location where a member of the public can
attend and participate in the meeting.
At least one member of the public body,
or at least one staff or designee of the public body, shall be physically present
at each designated meeting location.
(b)(1)
Minutes shall be taken of all meetings of public bodies.
The minutes
shall cover all topics and motions that arise at the meeting and give a true
indication of the business of the meeting.
Minutes shall include at least the
following minimal information:
(A)
All members of the public body present;
(B)
All other active participants in the meeting;
(C)
All motions, proposals, and resolutions made, offered, and
considered, and what disposition is made of same; and
(D)
The results of any votes, with a record of the individual vote of
each member if a roll call is taken.
(2)
Minutes of all public meetings shall be matters of public record,
shall be kept by the clerk or secretary of the public body, and shall be available
for inspection by any person and for purchase of copies at cost upon request
- 3411 -
after five days from the date of any meeting.
Meeting minutes shall be posted
no later than five days from the date of the meeting to a website, if one exists,
that the public body maintains or has designated as the official website of the
body.
(c)(1)
The time and place of all regular meetings subject to this section
shall be clearly designated by statute, charter, regulation, ordinance, bylaw,
resolution, or other determining authority of the public body, and this
information shall be available to any person upon request.
The time and place
of all public hearings and meetings scheduled by all Executive Branch State
agencies, departments, boards, or commissions shall be available to the public
as required under 3 V.S.A. § 2222(c).
(2)
The time, place, and purpose of a special meeting subject to this
section shall be publicly announced at least 24 hours before the meeting.
Municipal public bodies shall post notices of special meetings in or near the
municipal clerk’s office and in at least two other designated public places in
the municipality, at least 24 hours before the meeting.
In addition, notice shall
be given, either orally or in writing, to each member of the public body at least
24 hours before the meeting, except that a member may waive notice of a
special meeting.
(3)
Emergency meetings may be held without public announcement,
without posting of notices and without 24-hour notice to members, provided
some public notice thereof is given as soon as possible before any such
meeting.
Emergency meetings may be held only when necessary to respond to
an unforeseen occurrence or condition requiring immediate attention by the
public body.
(4)
Any adjourned meeting shall be considered a new meeting, unless
the time and place for the adjourned meeting is announced before the meeting
adjourns.
(5)
An editor, publisher or news director of any newspaper, radio station
or television station serving the area of the state in which the public body has
jurisdiction A person may request in writing that a public body notify the
editor, publisher or news director person of special meetings of the public
body.
The request shall apply only to the calendar year in which it is made,
unless made in December, in which case it shall apply also to the following
year.
(d)(1)
The At least 48 hours prior to a regular meeting, and at least 24
hours prior to a special meeting, a meeting agenda for a regular or special
meeting shall be:
(A)
posted to a website, if one exists, that the public body maintains
- 3412 -
or designates as the official website of the body; and
(B)
in the case of a municipal public body, posted in or near the
municipal office and in at least two other designated public places in the
municipality.
(2)
A meeting agenda shall be made available to the news media or
concerned persons a person prior to the meeting upon specific request.
(3)(A)
Any addition to or deletion from the agenda shall be made as the
first act of business at the meeting.
(B)
Any other adjustment to the agenda may be made at any time
during the meeting.
(e)
Nothing in this section or in section 313 of this title shall be construed
as extending to the judicial branch Judicial Branch of the government
Government of Vermont or of any part of the same or to the public service
board Public Service Board; nor shall it extend to the deliberations of any
public body in connection with a quasi-judicial proceeding; nor shall anything
in this section be construed to require the making public of any proceedings,
records, or acts which are specifically made confidential by the laws of the
United States of America or of this state State.
(f)
A written decision issued by a public body in connection with a
quasi-judicial proceeding need not be adopted at an open meeting if the
decision will be a public record.
(g)
The provisions of this subchapter shall not apply to site inspections for
the purpose of assessing damage or making tax assessments or abatements,
clerical work, or work assignments of staff or other personnel.
Routine,
day-to-day administrative matters that do not require action by the public body,
may be conducted outside a duly warned meeting, provided that no money is
appropriated, expended, or encumbered.
(h)
At an open meeting the public shall be given a reasonable opportunity
to express its opinion on matters considered by the public body during the
meeting as long as order is maintained.
Public comment shall be subject to
reasonable rules established by the chairperson.
This subsection shall not
apply to quasi-judicial proceedings.
(i)
Nothing in this section shall be construed to prohibit the parole board
Parole Board from meeting at correctional facilities with attendance at the
meeting subject to rules regarding access and security established by the
superintendent of the facility.
Sec. 3.
1 V.S.A. § 313 is amended to read:
- 3413 -
§ 313.
EXECUTIVE SESSIONS
(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 for 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
subsection 312(b) of this title.
A public body may not hold an executive
session except to consider one or more of the following:
(1)
Contracts, labor relations agreements with employees, arbitration,
mediation, grievances, civil actions, or prosecutions by the state, where after
making a specific finding that premature general public knowledge would
clearly place the state, municipality, other public body, or a person involved at
a substantial disadvantage;:
(A)
contracts;
(B)
labor relations agreements with employees;
(C)
arbitration or mediation;
(D)
grievances, other than tax grievances;
(E)
pending or probable civil litigation or a prosecution, to which the
public body is or may be a party;
(F)
confidential attorney-client communications made for the purpose
of providing professional legal services to the body;
(2)
The the negotiating or securing of real estate purchase or lease
options;
(3)
The the appointment or employment or evaluation of a public officer
or employee other than the appointment of a person to a public body or to any
elected office;
(4)
A a disciplinary or dismissal action against a public officer or
employee; but nothing in this subsection shall be construed to impair the right
of such officer or employee to a public hearing if formal charges are brought;
(5)
A a clear and imminent peril to the public safety;
- 3414 -
(6)
Discussion or consideration of records or documents excepted
records exempt from the access to public records provisions of section 317 316
of this title.
Discussion or consideration of the excepted record or document;
provided, however, that discussion of the exempt record shall not itself permit
an extension of the executive session to the general subject to which the record
or document pertains;
(7)
The the academic records or suspension or discipline of students;
(8)
Testimony testimony from
a
person
in
a
parole
proceeding
conducted by the Parole Board if public disclosure of the identity of the person
could result in physical or other harm to the person;
(9)
Information 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);
(10)
municipal or school security or emergency response measures, the
disclosure of which could jeopardize public safety.
* * *
Sec. 4.
1 V.S.A. § 314 is amended to read:
§ 314.
PENALTY AND ENFORCEMENT
(a)
A person who is a member of a public body and who knowingly and
intentionally
violates
the
provisions
of
this
subchapter,
a
person
who
knowingly and intentionally violates the provisions of this subchapter on
behalf or at the behest of a public body, or a person who knowingly and
intentionally participates in the wrongful exclusion of any person or persons
from any meeting for which provision is herein made, shall be guilty of a
misdemeanor and shall be fined not more than $500.00.
(b)(1)
The attorney general Prior to instituting an action under subsection
(c) of this section, the Attorney General or any person aggrieved by a violation
of the provisions of this subchapter shall provide the public body written notice
that alleges a specific violation of this subchapter and requests a specific cure
of such violation.
The public body will not be liable for attorney’s fees and
litigation costs under subsection (d) of this section if it cures in fact a violation
of this subchapter in accordance with the requirements of this subsection.
(2)
Upon receipt of the written notice of alleged violation, the public
body shall respond publicly to the alleged violation within seven business
days by:
- 3415 -
(A)
acknowledging the violation of this subchapter and stating an
intent to cure the violation within 14 calendar days; or
(B)
stating that the public body has determined that no violation has
occurred and that no cure is necessary.
(3)
Failure of a public body to respond to a written notice of alleged
violation within seven business days shall be treated as a denial of the violation
for purposes of enforcement of the requirements of this subchapter.
(4)
Within 14 calendar days after a public body acknowledges a
violation under subdivision (2)(A) of this subsection, the public body shall
cure the violation at an open meeting by:
(A)
either ratifying, or declaring as void, any action taken at or
resulting from a meeting in violation of this subchapter; and
(B)
adopting specific measures that actually prevent future violations.
(c)
Following an acknowledgment or denial of a violation and, if
applicable, following expiration of the 14-calendar-day cure period for public
bodies acknowledging
a violation, the Attorney
General or
any person
aggrieved by a violation of the provisions of this subchapter may apply to the
superior court bring an action in the Civil Division of the Superior Court in the
county in which the violation has taken place for appropriate injunctive relief
or for a declaratory judgment.
An action may be brought under this section no
later than one year after the meeting at which the alleged violation occurred or
to which the alleged violation relates.
Except as to cases the court Court
considers of greater importance, proceedings before the superior court Civil
Division of the Superior Court, as authorized by this section and appeals
therefrom, take precedence on the docket over all cases and shall be assigned
for hearing and trial or for argument at the earliest practicable date and
expedited in every way.
(d)
The Court shall assess against a public body found to have violated the
requirements of this subchapter reasonable attorney’s fees and other litigation
costs reasonably incurred in any case under this subchapter in which the
complainant has substantially prevailed, unless the Court finds that:
(1)(A)
the public body had a reasonable basis in fact and law for its
position; and
(B)
the public body acted in good faith.
In determining whether a
public body acted in good faith, the Court shall consider, among other factors,
whether the public body responded to a notice of an alleged violation of this
subchapter in a timely manner under subsection (b) of this section; or
(2)
the public body cured the violation in accordance with subsection (b)
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of this section.
Sec. 5.
24 V.S.A. § 1964 is amended to read:
§ 1964.
STRUCTURE OF THE COMMUNITY JUSTICE BOARDS;
CONFIDENTIALITY OF CERTAIN RESTORATIVE JUSTICE
MEETINGS
(a)
Each community justice center:
(1)
Shall shall have an advisory board comprised of at least 51 percent
citizen volunteers.;
(2)
May may use a variety of community-based restorative justice
approaches, including community restorative justice panels or boards, group
conferencing, or mediation.; and
(3)
Shall shall include programs to resolve disputes, address the needs of
victims, address the wrongdoing of the offender, and promote the rehabilitation
of youthful and adult offenders.
(b)
Meetings of restorative justice panels and meetings to conduct
restorative justice group conferencing or mediation shall not be subject to the
Vermont Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2.
Sec. 6.
EFFECTIVE DATES
This act shall take effect on July 1, 2014.
However, a person who violates
1 V.S.A. § 312(b)(2) as amended by this act (requirement to post minutes to
website, if any) shall not be subject to prosecution for such violation pursuant
to 1 V.S.A. § 314(a) in connection with any meeting that occurs before July 1,
2015.
(For text see House Journal May 2, 5, 2014 )
H. 790
An act relating to Reach Up eligibility
The Senate proposes to the House to amend the bill as follows:
* * * Reach Up Asset Limit and Earned Income Counseling * * *
Sec. 1.
33 V.S.A. § 1103 is amended to read:
§ 1103.
ELIGIBILITY AND BENEFIT LEVELS
(a)
Financial assistance shall be given for the benefit of a dependent child
to the relative or caretaker with whom the child is living unless otherwise
provided.
The amount of financial assistance to which an eligible person is
entitled shall be determined with due regard to the income, resources, and
- 3417 -
maintenance available to that person and, as far as funds are available, shall
provide that person a reasonable subsistence compatible with decency and
health.
The Commissioner may fix by regulation maximum amounts of
financial assistance, and act to insure ensure that the expenditures for the
programs shall not exceed appropriations for them consistent with section 101
of this title.
In no case may the Department expend State funds in excess of
the appropriations for the programs under this chapter.
* * *
(c)
The Commissioner shall adopt rules for the determination of eligibility
for the Reach Up program and benefit levels for all participating families that
include the following provisions:
* * *
(5)
The value of assets accumulated from the earnings of adults and
children in participating families and from any federal or Vermont earned
income tax credit shall be excluded for purposes of determining continuing
eligibility for the Reach Up program.
The asset limitation shall be increased
from $1,000.00 to $2,000.00 $5,000.00 for participating families for the
purposes of determining continuing eligibility for the Reach Up program.
* * *
Sec. 2.
33 V.S.A. § 1107(a) is amended to read:
(a)(1)
The
Commissioner
shall
provide
all
Reach
Up
services
to
participating
families
through
a
case
management
model
informed
by
knowledge of the family’s home, community, employment, and available
resources.
Services may be delivered in the district office, the family’s home,
or community in a way that facilitates progress toward accomplishment of the
family development plan.
Case management may be provided to other eligible
families.
The case manager, with the full involvement of the family, shall
recommend, and the Commissioner shall modify as necessary a family
development plan established under the Reach First or Reach Up program for
each participating family, with a right of appeal as provided by section 1132 of
this title.
A case manager shall be assigned to each participating family as
soon as the family begins to receive financial assistance.
If administratively
feasible and appropriate, the case manager shall be the same case manager the
family was assigned in the Reach First program.
The applicant for or recipient
of
financial
assistance, under
this
chapter, shall
have
the
burden
of
demonstrating the existence of his or her condition.
(2)
In addition to the services provided pursuant to subsection (b) of this
section, the Commissioner shall provide for a mandatory case review for each
- 3418 -
participating family with a program director or the program director’s designee
when the family reaches 18 and 36 months of enrollment, respectively, in the
Reach Up program to assess whether the participating family:
(A)
is in compliance with a family development plan or work
requirement;
(B)
is properly claiming a deferment, if applicable; and
(C)
has any unaddressed barriers to self-sufficiency and, if so, how
those barriers may be better addressed by the Department for Children and
Families or other State programs; and
(D)
has additional opportunities to achieve earned income through
the program without a corresponding loss of benefits.
(3)
The case manager shall meet with each participating family
following any statutory or rule changes affecting the amount of the earned
income disregard, asset limitations, or other eligibility or benefit criteria in the
Reach Up program to inform the family of the changes and advise the family
about ways to maximize the opportunities to achieve earned income without a
corresponding loss of benefits.
* * * Enhanced Child Care Services Subsidy * * *
Sec. 3.
33 V.S.A. § 3512 is amended to read:
§
3512.
CHILD
CARE
SERVICES
PROGRAM
PROGRAMS;
ELIGIBILITY
(a)(1)
A child care services program is established to subsidize, to the
extent that funds permit, the costs of child care for families that need child care
services in order to obtain employment, to retain employment or to obtain
training leading to employment.
Families seeking employment shall not be
entitled to participate in the program for a period in excess of one month,
unless that period is extended by the Commissioner.
(b)(2)
The subsidy authorized by this section subsection shall be on a
sliding scale basis.
The scale shall be established by the Commissioner, by
rule, and shall bear a reasonable relationship to income and family size.
The
lower limit of the fee scale shall include families whose gross income is up to
and including 100 percent of the federal poverty guidelines.
The upper income
limit of the fee scale shall be neither less than 200 percent of the federal
poverty guidelines nor more than 100 percent of the state State median income,
adjusted for the size of the family.
The scale shall be structured so that it
encourages employment.
(b)(1)
An enhanced child care services subsidy program is established for
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families participating in the Reach Ahead program.
(2)
The enhanced child care services subsidy program established by
this subsection shall be administered by the Department’s Child Development
Division.
The Commissioner shall adopt rules necessary for the administration
of the program pursuant to 3 V.S.A. chapter 25.
(3)
The subsidy authorized by this subsection shall be no greater than
100 percent of the subsidy provided in subsection (a) of this section.
(4)
A participating family shall remain eligible for the enhanced child
care services subsidy program between 12 and 24 months as long as one or
more dependent children of a working parent or parents are receiving child
care services.
The Commissioner for Children and Families may extend the
subsidy beyond 24 months if the Commissioners for Children and Families and
of Finance and Management determine jointly that an extension can be
accommodated within appropriated resources.
(5)
The enhanced child care services subsidy program shall be funded
through savings resulting from caseload reductions in the Reach Up program.
If there are insufficient savings from caseload reductions to fund the program,
the program shall be suspended or modified.
Sec. 4.
INTERIM REPORT
The Department for Children and Families shall submit a written report to
the Health Care Oversight Committee on or before November 1, 2014
regarding the estimated cost of the enhanced child care services subsidy
program and projected caseload reduction savings in the Reach Up program.
Sec. 5.
BUDGET PRESENTATION
The Department for Children and Families shall include as part of its fiscal
year 2016 budget presentation to the General Assembly a preliminary estimate
of the projected Reach Up program cost reduction associated with caseload
estimates below the level appropriated for fiscal year 2015, as well as the
parameters and cost projections for the enhanced child care services subsidy
established pursuant to
* * * Asset Limit and Child Care Services Subsidy Offset * * *
Sec. 6.
33 V.S.A. § 1204 is amended to read:
§ 1204.
FOOD ASSISTANCE
(a)(1)
An eligible family shall receive monthly food assistance equal to
$100.00 $50.00 to be applied to the family’s electronic benefit transfer (EBT)
food account for the first six 12 months after the family has become eligible
for Reach Ahead.
- 3420 -
(2)
For the seventh 12th through 12th 24th months, the family shall
receive a monthly food assistance of $50.00 $25.00.
* * *
(d)
The 12th through the 24th months of assistance shall be funded through
savings resulting from caseload reductions in the Reach Up program.
If there
are insufficient savings from caseload reductions to fund the 12th through the
24th months of assistance, the assistance shall be suspended or modified.
Sec. 7.
33 V.S.A. § 1205 is amended to read:
§ 1205.
REQUIRED SERVICES TO PARTICIPATING FAMILIES
(a)
The Commissioner shall provide participating families Reach Ahead
services, case management services if necessary, and referral to any agencies
or programs, including workforce development, that provide the services
needed
by
participating
families
to
improve
the
family’s
prospects
for
employment
retention.
Reach
Ahead
services
shall
be
provided
for
12 24 months.
(b)
A participating family shall be eligible for an enhanced child care
services subsidy during its12th through 24th month on the Reach Ahead
program pursuant to subsection 3512(b) of this title.
Sec. 8.
REACH AHEAD; GRANDFATHER PROVISION
Notwithstanding 33 V.S.A. § 1204(a), any family within the first six months
of its participation in the Reach Ahead program on January 1, 2015 shall
continue to receive monthly food assistance equal to $100.00 until its seventh
month of participation in the program, at which time it shall receive monthly
food assistance equal to $50.00 for the remainder of the initial 12-month
period.
* * * Effective Dates * * *
Sec. 9.
EFFECTIVE DATES
This act shall take effect on July 1, 2014, except that:
(1)
Secs. 1, 6(a)(1), and 8 shall take effect on January 1, 2015; and
(2)
Secs. 3, 6(a)(2) and (d), and 7 shall take effect on July 1, 2015.
(For text see House Journal March 21, 2014 )
- 3421 -
H. 877
An act relating to repeal of report requirements that are at least five years old
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
* * * Reports Exempt from 2 V.S.A. § 20(d) * * *
Sec. 1.
2 V.S.A. § 263(j) is amended to read:
(j)
The secretary of state Secretary of State shall prepare a list of names and
addresses of lobbyists and their employers and the list shall be published at the
end of the second legislative week of each regular or adjourned session.
Supplemental lists shall be published monthly during the remainder of the
legislative session.
No later than March 15 of the first year of each legislative
biennium, the secretary of state Secretary of State shall publish no fewer than
500 booklets containing an alphabetical listing of all registered lobbyists,
including, at a minimum, a current passport-type photograph of the lobbyist,
the lobbyist’s business address, telephone and fax numbers, a list of the
lobbyist’s
clients
and
a
subject
matter
index.
The
provisions
of
subsection 20(d) (expiration of required reports) of this title shall not apply to
the report to be made under this subsection.
Sec. 2.
2 V.S.A. § 404(b)(6) is amended to read:
(6)
Except when the general assembly General Assembly is in session
and upon the request of any person provide him or her, on a weekly basis, with
a list of all public hearings or meetings scheduled by a council, committee,
subcommittee, commission or study committee of the general assembly
General Assembly or any cancellations of hearings or meetings thereof
previously scheduled.
The provisions of subsection 20(d) (expiration of
required reports) of this title shall not apply to the report to be made under this
subdivision;
Sec. 3.
2 V.S.A. § 802(b) is amended to read:
(b)
At least annually, the committee Committee shall report its activities,
together with recommendations, if any, to the general assembly General
Assembly.
The provisions of subsection 20(d) (expiration of required reports)
of this title shall not apply to the report to be made under this subsection.
Sec. 4.
2 V.S.A. § 970(g) is amended to read:
(g)
At least annually, by January 15, the Committee shall report its
activities, together with recommendations, if any, to the General Assembly.
The report shall be in brief summary form.
The provisions of subsection 20(d)
(expiration of required reports) of this title shall not apply to the report to be
- 3422 -
made under this subsection.
Sec. 5.
3 V.S.A. § 23(d) is amended to read:
(d)
Reporting.
The commission Commission shall submit an annual report,
which shall be prepared by the secretary of commerce and community
development Secretary of Commerce and Community Development, to the
house
committee
on
commerce House
Committee
on
Commerce
and
Economic Development, the senate committee on economic development,
housing and general affairs Senate Committee on Economic Development,
Housing
and
General
Affairs,
the governor Governor,
and
Vermont’s
congressional delegation.
The report shall contain information acquired
pursuant to activities carried out under subsection (c) of this section.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
Sec. 6.
3 V.S.A. § 309(a)(19) is amended to read:
(19)
Annually on or before January 15, the commissioner of human
resources Commissioner of Human Resources shall submit to the general
assembly General Assembly a report on the status of the state State employee
workforce.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports)
shall not apply to the report to be made under this subsection.
All reporting on
numbers of state State employees shall include numbers stated in “full-time
equivalent” positions.
The report shall consolidate reports mandated by the
general assembly General Assembly, as well as other information regarding
developments in state State employment, including:
(A)
Use of temporary employees.
(B)
Use of limited service positions.
(C)
Vacancies of more than six months’ duration.
(D)
Use of emergency volunteer leave under section 265 of this title.
(E)
Development of compensation plans.
(F)
Developments in equal employment opportunity.
(G)
Use of the position management system.
(H)
Abolished or transferred classified and exempt state State
positions.
Sec. 7.
3 V.S.A. § 344(b) is amended to read:
(b)
The information on contracts shall be reported to the general assembly
General Assembly in the annual workforce report required under subdivision
309(a)(19) of this title.
The provisions of 2 V.S.A. § 20(d) (expiration of
- 3423 -
required reports) shall not apply to the report to be made under this subsection.
Sec. 8.
3 V.S.A. § 471 is amended to read:
§ 471.
RETIREMENT BOARD; MEDICAL BOARD; ACTUARY; RATES
OF CONTRIBUTION; SAFEKEEPING OF SECURITIES
* * *
(g)
The retirement board Retirement Board shall keep a record of all its
proceedings, which shall be open to public inspection.
It shall publish
annually and distribute to the general assembly General Assembly a report
showing the fiscal transactions of the retirement system for the preceding fiscal
year, the amount of the accumulated cash and securities of the system, and the
last balance sheet showing the financial condition of the retirement system by
means of an actuarial valuation of the assets and liabilities of the system.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
* * *
(n)
The board Board shall review annually the amount of state State
contribution
recommended
by
the
actuary
of
the
retirement
system
as
necessary to achieve and preserve the financial integrity of the fund established
pursuant to section 473 of this title.
Based on this review, the board Board
shall recommend the amount of state State contribution that should be
appropriated for the next fiscal year to achieve and preserve the financial
integrity of the fund.
On or before November 1 of each year, the board Board
shall submit this recommendation to the governor Governor and the house and
senate committees on government operations and appropriations House and
Senate Committees on Government Operations and Appropriations.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
Sec. 9.
3 V.S.A. § 473a is amended to read:
§ 473a.
PERIODIC ACTUARIAL REPORTS
The board Board shall cause to be made an actuarial reevaluation of the rate
of member contributions deducted from earnable compensation pursuant to
subdivision 473(b)(2) of this title, on a periodic basis at least every three years,
to
determine
whether
the
amount
deducted
is
necessary
to
make
the
contributions picked up and paid by the state State for such members cost
neutral to the general fund General Fund.
The actuarial reevaluation shall
consider all relevant factors, including federal tax law changes.
The board
Board shall report the results of the actuarial reevaluation to the general
assembly General
Assembly together
with
any
recommendations
for
- 3424 -
adjustment in the members’ contribution rate under subdivision 473(b)(2).
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not
apply to the report to be made under this section.
Sec. 10.
3 V.S.A. § 847(b) is amended to read:
(b)
The secretary of state Secretary of State shall publish not less than
quarterly a bulletin setting forth the text of all rules filed since the immediately
preceding publication and any objections filed under subsection 842(b) or
844(e) of this title.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
Sec. 11.
3 V.S.A. § 2222(c) is amended to read:
(c)
The Secretary shall compile, weekly, a list of all public hearings and
meetings scheduled by all executive branch state Executive Branch State
agencies, departments, boards, or commissions during the next ensuing week.
The list shall be distributed to any person in the State at that person’s request.
Each executive branch state Executive Branch State agency, department,
board, or commission shall notify the Secretary of all public hearings and
meetings to be held and any cancellations of such hearings or meetings.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
Sec. 12.
3 V.S.A. § 2281 is amended to read:
§ 2281.
DEPARTMENT OF FINANCE AND MANAGEMENT
The department of finance and management Department of Finance and
Management is
created
in
the agency
of
administration Agency
of
Administration and is charged with all powers and duties assigned to it by law,
including the following:
(1)
to To administer the financial transactions of the state State,
including payroll transactions, in accordance with the law and within the limits
of appropriations made by the general assembly; General Assembly.
(2)
to To conduct management studies and audits of the performance of
state State government;.
(3)
to To prepare the executive Executive budget;.
(4)
to To report on an annual basis to the joint fiscal committee Joint
Fiscal Committee at its November meetings on the allocation of funds
contained in the annual pay acts and the allocation of funds in the annual
appropriations act which relate to those annual pay acts.
The report shall
include the formula for computing these funds, the basis for the formula, and
the distribution of the different funding sources among state agencies.
The
- 3425 -
report shall also be submitted to the members of the house and senate
committees on government operations and appropriations; House and Senate
Committees on Government Operations and Appropriations.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subdivision.
(5)
to To maintain a central payroll office which shall be the successor
to and continuation of the payroll functions of the department of human
resources Department of Human Resources.
Sec. 13.
4 V.S.A. § 608(e) is amended to read:
(e)
On or before the tenth Thursday after the convening of each biennial
and adjourned session the committee Committee shall report to the general
assembly General Assembly its recommendation whether the candidates
should continue in office, with any amplifying information which it may deem
appropriate, in order that the general assembly General Assembly may
discharge its obligation under section 34 of Chapter II of the Constitution of
the State of Vermont constitution.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subsection.
Sec. 14.
6 V.S.A. § 793(a) is amended to read:
(a) The council shall:
* * *
(2)
Submit policy recommendations to the secretary Secretary on any of
the subject matter set forth under subdivision (1) of this subsection.
A copy of
the policy recommendations submitted to the secretary Secretary shall be
provided to the house and senate committees on agriculture House Committee
on Agriculture and Forest Products and the Senate Committee on Agriculture.
Recommendations may be in the form of proposed legislation.
The provisions
of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report
to be made under this subdivision.
(3) Meet at least annually and at such other times as the chair determines
to be necessary.
(4) Submit minutes of the council annually, on or before January 15, to
the house
and
senate
committees on
agriculture House
Committee
on
Agriculture and Forest Products and the Senate Committee on Agriculture.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not
apply to the report to be made under this subdivision.
Sec. 15.
6 V.S.A. § 2966(e) is amended to read:
- 3426 -
(e)
Annual report.
The Board shall make available a report, at least
annually, to the Administration, the House Committee on Agriculture and
Forest Products, the Senate Committee on Agriculture, the House Committee
on
Commerce
and
Economic
Development,
the
Senate
Committee
on
Economic Development, Housing and General Affairs, and the people of
Vermont on the State’s progress toward attaining the goals and outcomes
identified in the comprehensive agricultural and forest products economic
development plan.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
Sec. 16.
10 V.S.A. § 217(b) is amended to read:
(b)
Prior to February 1 in each year, the authority Authority shall submit a
report of its activities for the preceding fiscal year to the governor Governor
and to the general assembly General Assembly.
The report shall set forth a
complete operating and financial statement covering its operations during the
year.
The authority Authority shall cause an audit of its books and accounts to
be made at least once in each year by a certified public accountant and its cost
shall be considered an expense of the authority Authority and a copy shall be
filed with the state treasurer State Treasurer.
The provisions of 2 V.S.A.
§ 20(d) (expiration of required reports) shall not apply to the report to be made
under this subsection.
Sec. 17.
10 V.S.A. § 639(a) is amended to read:
(a)
On or before the last day of January in each year, the agency Agency
shall submit a report of its activities for the preceding fiscal year to the
governor Governor and
to
the general
assembly General
Assembly,
specifically the committees in the house House and senate Senate with
jurisdiction over housing.
Each report shall set forth a complete operating and
financial statement covering its operations during the year, including the
agency’s Agency’s present
and
projected
economic
health,
amount
of
indebtedness, a statement of the amounts received from funds generated by
interest from real estate escrow and trust accounts established pursuant to
26 V.S.A. § 2214(c), a list and description of the programs to which IORTA
funds were provided and the amounts distributed to each county.
The agency
Agency shall cause an audit of its books and accounts to be made at least once
in each year by certified public accountants; the cost shall be considered an
expense of the agency and a copy shall be filed with the state treasurer State
Treasurer.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports)
shall not apply to the report to be made under this subsection.
Sec. 18.
10 V.S.A. § 1253(d) is amended to read:
(d)
The Secretary shall determine what degree of water quality and
- 3427 -
classification should be obtained and maintained for those waters not classified
by the Board before 1981 following the procedures in sections 1254 and 1258
of this title.
Those waters shall be classified in the public interest.
The
Secretary shall revise all 17 basin plans by January 1, 2006, and update them
every five years thereafter.
On or before January 1 of each year, the Secretary
shall report to the House Committees on Agriculture and Forest Product
Products, on Natural Resources and Energy, and on Fish, Wildlife and Water
Resources, and to the Senate Committees on Agriculture and on Natural
Resources
and
Energy
regarding
the
progress
made
and
difficulties
encountered in revising basin plans.
By January 1, 1993, the Secretary shall
prepare an overall management plan to ensure that the water quality standards
are met in all State waters.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this subsection.
Sec. 19.
10 V.S.A. § 1941(e) is amended to read:
(e)
The Secretary shall establish a Petroleum Cleanup Fund Advisory
Committee which shall meet not less than annually to review receipts and
disbursements from the Fund, to evaluate the effectiveness of the Fund in
meeting its purposes, the reasonableness of the cost of cleanup and to
recommend alterations and statutory amendments deemed appropriate.
The
Advisory Committee shall submit an annual report of its findings to the
General Assembly on January 15 of each year.
In its annual report, the
Advisory Committee shall review the financial stability of the Fund, evaluate
the implementation of assistance related to underground farm or residential
heating fuel storage tanks and aboveground storage tanks, and the need for
continuing assistance, and shall include recommendations for sustainable
funding sources to finance the provision of that assistance.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subsection.
The membership of the Committee shall
include the following or their designated representative:
(1)
the Secretary of Natural Resources who shall be chairperson;
(2)
the Commissioner of Environmental Conservation;
(3)
the Commissioner of Financial Regulation;
(4)
a licensed gasoline distributor;
(5)
a retail gasoline dealer;
(6)
a
representative
of
a
statewide
refining-marketing
petroleum
association;
(7)
one member of the House to be appointed by the Speaker of the
House;
- 3428 -
(8)
one member of the Senate to be appointed by the Committee on
Committees;
(9)
a licensed heating fuel dealer;
(10)
a representative of a statewide heating fuel dealers’ association;
(11)
a licensed real estate broker.
Sec. 20.
10 V.S.A. § 1961(a)(5) is amended to read:
(5)
On or before June 15, 1991 and every January thereafter present a
report to the Vermont legislature General Assembly.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subdivision.
The report shall include the following:
(A)
An update on the quality of the waters of the lake.
(B)
Findings of pertinent research.
(C)
An action plan including, but not limited to, water quality and
fishery improvement measures and ways to enhance public use of and access
to the lake.
(D)
Recommended
budgets
and
revenue
sources
including
an
expanded lake user fee structure.
Sec. 21.
10 V.S.A. § 2721(c) is amended to read:
(c)
The commissioner of forests, parks and recreation Commissioner of
Forests, Parks and Recreation shall report in writing to the senate and house
committees on agriculture Senate Committee on Agriculture and the House
Committee on Agriculture and Forest Products and the senate and house
committees on natural resources and energy Senate and House Committees on
Natural Resources and Energy on or before January 31 of each year on the
activities
and
performance
of
the
forestry
and
forest
products
viability
program.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports)
shall not apply to the report to be made under this subsection.
At a minimum,
the report shall include:
(1)
an evaluation of the program utilizing the performance goals and
evaluative measures established pursuant to subdivision (a)(5)(C) of this
section;
(2)
a summary of the money received in the fund Fund and expended
from the fund Fund;
(3)
an estimate of the financial impact of the Vermont forestry and
forest products viability program Forestry and Forest Products Viability
Program on the forestry and forest products industries;
- 3429 -
(4)
an assessment of the potential demand for the program Program over
the succeeding three years; and
(5)
a listing of individuals, trade associations, and other persons or
entities consulted in preparation of the report.
Sec. 22.
10 V.S.A. § 4145(c) is amended to read:
(c)
The commissioner Commissioner shall keep account of funds, including
private donations and state State appropriations, which are deposited into the
fish and wildlife fund Fish and Wildlife Fund for the purpose of building and
maintaining access areas and shall annually, on or before January 15, report to
the house committee on fish, wildlife and water resources House Committee
on Fish, Wildlife and Water Resources, the senate committee on natural
resources and energy Senate Committee on Natural Resources and Energy and
to the senate and house committees on appropriations Senate and House
Committees on Appropriations, concerning the use of those funds in the past
year and plans for use of the funds for the coming year.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subsection.
Sec. 23.
10 V.S.A. § 6503(a) is amended to read:
(a)
The committee Committee shall report to the general assembly General
Assembly its recommendation to approve or not to approve the petition for the
facility together with such additional information and comment it deems
appropriate. The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
Sec. 24.
10 V.S.A. § 8017 is amended to read:
§ 8017.
ANNUAL REPORT
The secretary Secretary and the attorney general Attorney General shall
report annually to the president pro tempore of the senate President Pro
Tempore of the Senate, the speaker of the house Speaker of the House, the
house committee on fish, wildlife and water resources House Committee on
Fish, Wildlife and Water Resources, and the senate and house committees on
natural resources and energy Senate and House Committees on Natural
Resources and Energy.
The report shall be filed no later than January 15, on
the enforcement actions taken under this chapter, and on the status of citizen
complaints about environmental problems in the state State. The report shall
describe,
at
a
minimum,
the
number
of
violations,
the
actions
taken,
disposition of cases, the amount of penalties collected, and the cost of
administering the enforcement program.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
- 3430 -
this section.
Sec. 25.
15 V.S.A. § 1140(g) is amended to read:
(g)
The commission Commission shall
report
its
findings
and
recommendations to the governor Governor, the general assembly General
Assembly, the chief justice of the Vermont supreme court Chief Justice of the
Vermont Supreme Court, and the Vermont council on domestic violence
Council on Domestic Violence no later than the third Tuesday in January of
the first year of the biennial session.
The report shall be available to the public
through the office of the attorney general Office of the Attorney General.
The
commission Commission may issue data or other information periodically, in
addition to the biennial report.
The provisions of 2 V.S.A. § 20(d) (expiration
of required reports) shall not apply to the report to be made under this
subsection.
Sec. 26.
16 V.S.A. § 164(17) is amended to read:
(17)
Report annually on the condition of education statewide and on a
school by school basis.
The report shall include information on attainment of
standards for student performance adopted under subdivision 164(9) of this
section, number and types of complaints of harassment or hazing made
pursuant to section 565 of this title and responses to the complaints, financial
resources and expenditures, and community social indicators.
The report shall
be organized and presented in a way that is easily understandable by the
general public and that enables each school to determine its strengths and
weaknesses.
The commissioner Commissioner shall use the information in the
report in determining whether students in each school are provided educational
opportunities substantially equal to those provided in other schools pursuant to
subsection 165(b) of this title.
The provisions of 2 V.S.A. § 20(d) (expiration
of required reports) shall not apply to the report to be made under this
subdivision.
Sec. 27.
16 V.S.A. § 165(a)(2) is amended to read:
(2)
The school, at least annually, reports student performance results to
community members in a format selected by the school board.
In the case of a
regional technical center, the community means the school districts in the
service region.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subdivision.
The
school report shall include:
* * *
Sec. 28.
16 V.S.A. § 1942(r) is amended to read:
(r)
The board Board shall review annually the amount of state State
- 3431 -
contribution
recommended
by
the
actuary
of
the
retirement
system
as
necessary to achieve and preserve the financial integrity of the fund established
pursuant to section 1944 of this title.
Based on this review, the board Board
shall determine the amount of state State contribution necessary for the next
fiscal year to achieve and preserve the financial integrity of the funds.
On or
before November 1 of each year, the board Board shall inform the governor
Governor and the house and senate committees on government operations and
on appropriations House and Senate Committees on Government Operations
and on Appropriations in writing about the amount needed.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subsection.
Sec. 29.
16 V.S.A. § 2835 is amended to read:
§ 2835.
CONTROLS, AUDITS, AND REPORTS
Control of funds appropriated and all procedures incident to the carrying out
of the purposes of this chapter shall be vested in the board Board.
The books
of account of the corporation shall be audited annually by an independent
public accounting firm registered in the state State of Vermont in accordance
with
government
auditing
standards
issued
by
the United
States U.S.
Government Accountability Office (GAO) and the resulting audit report filed
with the secretary of administration Secretary of Administration not later than
November 1 each year.
The auditor of accounts Auditor of Accounts or his or
her designee shall be the state’s State’s nonvoting representative to an audit
committee established by the board Board.
Biennially, the board Board shall
report to the legislature Legislature on its activities during the preceding
biennium.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports)
shall not apply to the report to be made under this section.
Sec. 30.
16 V.S.A. § 2905(h) is amended to read:
(h)
The council Council shall report on its activities to the house and senate
committees on education House and Senate Committees on Education and to
the state board of education State Board of Education each year in January.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not
apply to the report to be made under this subsection.
Sec. 31.
16 V.S.A. § 2967(a) is amended to read:
(a)
On or before December 15, the commissioner Commissioner shall
publish an estimate, by town school district, city school district, union school
district, unified union school district, incorporated school district, and the
member school districts of an interstate school district, of the amount of state
State assistance necessary to fully fund sections 2961 through 2963 of this title
in the ensuing school year.
The provisions of 2 V.S.A. § 20(d) (expiration of
- 3432 -
required reports) shall not apply to the report to be made under this subsection.
Sec. 32.
16 V.S.A. § 4010(i) is amended to read:
(i)
The commissioner Commissioner shall evaluate the accuracy of the
weights established in subsection (c) of this section and, at the beginning of
each biennium, shall propose to the house and senate committees on education
House and Senate Committees on Education whether the weights should stay
the same or be adjusted.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this subsection.
Sec. 33.
18 V.S.A. § 709 is amended to read:
§ 709.
ANNUAL REPORT
(a)
The director of the Blueprint shall report annually, no later than
January 15 31, on the status of implementation of the Vermont Blueprint for
Health for the prior calendar year and shall provide the report to the house
committee on health care House Committee On Health Care, the senate
committee on health and welfare Senate Committee on Health and Welfare,
and the health care oversight committee Health Care Oversight Committee.
(b)
The report required by subsection (a) of this section shall include the
number of participating insurers, health care professionals, and patients; the
progress
made
in
achieving
statewide
participation
in
the
chronic
care
management plan, including the measures established under this subchapter;
the expenditures and savings for the period; the results of health care
professional
and patient satisfaction surveys;
the progress made toward
creation and implementation of privacy and security protocols; information on
the progress made toward the requirements in this subchapter; and other
information as requested by the committees.
The provisions of 2 V.S.A.
§ 20(d) (expiration of required reports) shall not apply to the report to be made
under subsection (a) of this section.
Sec. 34.
18 V.S.A. § 9352(e) is amended to read:
(e)
Report.
No later than January 15 of each year, VITL shall file a report
with the Secretary of Administration; the Commissioner of Information and
Innovation; the Commissioner of Financial Regulation; the Commissioner of
Vermont Health Access; the Secretary of Human Services; the Commissioner
of
Health;
the
Commissioner
of
Mental
Health;
the
Commissioner
of
Disabilities, Aging, and Independent Living; the Senate Committee on Health
and Welfare; and the House Committee on Health Care.
The report shall
include
an
assessment
of
progress
in
implementing
health
information
technology in Vermont and recommendations for additional funding and
legislation required.
In addition, VITL shall publish minutes of VITL
- 3433 -
meetings and any other relevant information on a public website.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
Sec. 35.
18 V.S.A. § 9410(i) is amended to read:
(i)
On or before January 15, 2008 and every three years thereafter, the
Commissioner shall submit a recommendation to the General Assembly for
conducting a survey of the health insurance status of Vermont residents.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
Sec. 36.
21 V.S.A. § 1309 is amended to read:
§ 1309.
REPORTS; SOLVENCY OF TRUST FUND
On or before January 31 of each year, the Commissioner shall submit to the
Governor and the Chairs of the Senate Committee on Economic Development,
Housing and General Affairs and on Finance and the House Committees on
Commerce and Economic Development and on Ways and Means a report
covering the administration and operation of this chapter during the preceding
calendar year.
The report shall include a balance sheet of the moneys monies
in the Fund and data as to probable reserve requirements based upon accepted
actuarial principles, with respect to business activity, and other relevant factors
for
the
longest
available
period.
The
report
shall
also
include
recommendations for amendments of this chapter as the Board considers
proper.
Whenever the Commissioner believes that the solvency of the Fund is
in danger, the Commissioner shall promptly inform the Governor and the
Chairs of the Senate Committees on Economic Development, Housing and
General Affairs and on Finance, and the House Committees on Commerce and
Economic Development and on Ways and Means, and make recommendations
for preserving an adequate level in the Trust Fund.
The provisions of 2 V.S.A.
§ 20(d) (expiration of required reports) shall not apply to the report to be made
under this section.
Sec. 37.
24 V.S.A. § 1354 is amended to read:
§ 1354.
ACCOUNTS; ANNUAL REPORT
The supervisor or supervisors shall maintain an account showing in detail
the revenue raised and the expenses necessarily incurred in the performance of
the supervisor’s duties.
The supervisor or supervisors shall prepare an annual
fiscal report by July 1 which shall conform to procedural and substantive
requirements to be established by the board of governors Board of Governors
and which, upon approval by the board of governors Board of Governors, shall
be distributed to the residents of the gores.
The provisions of 2 V.S.A. § 20(d)
- 3434 -
(expiration of required reports) shall not apply to the report to be made under
this section.
Sec. 38.
24 V.S.A. § 4498 is amended to read:
§ 4498.
HOUSING BUDGET AND INVESTMENT REPORTS
The commissioner of housing and community affairs Commissioner of
Housing and Community Affairs shall:
(1)
Create a Vermont housing budget designed to assure efficient
expenditure of state State funds appropriated for housing development, to
encourage and enhance cooperation among housing organizations, to eliminate
overlap and redundancy in housing development efforts, and to ensure
appropriate geographic distribution of housing funds.
The Vermont housing
budget shall include any state State funds of $50,000.00 or more awarded or
appropriated for housing.
The Vermont housing budget and appropriation
recommendations shall be submitted to the General Assembly annually on or
before January 15.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the recommendations to be made under this
subdivision, and the report shall include the amounts and purposes of funds
appropriated for or awarded to the following:
(A)
The Vermont housing and conservation trust fund Housing and
Conservation Trust Fund.
(B)
The agency of human services Agency of Human Services.
(C)
The agency of commerce and community development Agency
of Commerce and Community Development.
(D)
Any other entity that fits the funding criteria.
(2)
Annually,
develop
a
Vermont
housing
investment
plan
in
consultation with the Vermont housing council Housing Council.
The housing
investment plan shall be consistent with the Vermont consolidated plan for
housing, in order to coordinate the investment of state State, federal and other
resources, such as state State appropriations, tax credits, rental assistance, and
mortgage revenue bonds, to increase the availability and improve the quality of
Vermont’s housing stock.
The housing investment plan shall be submitted to
the general assembly General Assembly, annually on January 15.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the plan to be made under this subdivision, and the plan shall:
(A)
target investments at single-family housing, mobile homes,
multifamily housing, and housing for homeless persons and people with
special needs;
- 3435 -
(B)
recommend approaches that maximize the use of available state
State and federal resources;
(C)
identify areas of the state that face the greatest housing
shortages; and
(D)
recommend strategies to improve coordination among state State,
local, and regional offices in order to remedy identified housing shortages.
Sec. 39.
24 V.S.A. § 4594 is amended to read:
§ 4594.
ANNUAL REPORT; AUDIT
On or before the last day of February in each year, the bank shall make a
report of its activities for the preceding calendar year to the governor Governor
and to the legislature General Assembly.
Each report shall set forth a complete
operating and financial statement covering its operations during the year.
The
bank shall cause an audit of its books and accounts to be made at least once in
each year by certified public accountants and the cost thereof shall be
considered an expense of the bank and a copy thereof shall be filed with the
state treasurer State Treasurer.
The provisions of 2 V.S.A. § 20(d) (expiration
of required reports) shall not apply to the report to be made under this
subsection.
Sec. 40.
24 V.S.A. § 4753a(a) is amended to read:
(a)
Pollution control.
The General Assembly shall approve all categories of
awards made from the special funds established by section 4753 of this title for
water pollution control facility construction, in order to assure that such awards
conform with State policy on water quality and pollution abatement, and with
the State policy that municipal entities shall receive first priority in the award
of public monies for such construction, including monies returned to the
revolving funds from previous awards.
To facilitate this legislative oversight,
the Secretary of Natural Resources shall annually no later than January 15
report to the House Committee on Corrections and Institutions, the Senate
Committee
on
Institutions,
and
the
House
and
Senate
Committees
on
Resources and Energy on all awards made from the relevant special funds
during the prior and current fiscal years, and shall report on and seek
legislative approval of all the types of projects for which awards are proposed
to be made from the relevant special funds during the current or any
subsequent fiscal year.
Where feasible, the specific projects shall be listed.
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not
apply to the report to be made under this subsection.
Sec. 41.
24 V.S.A. § 4753b(b) is amended to read:
(b)
The Commissioner shall report receipt of a grant under this section to
- 3436 -
the Chairs of the Senate Committee on Institutions and the House Committee
on Corrections and Institutions and the Joint Fiscal Committee.
The provisions
of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report
to be made under this subsection.
Sec. 42.
26 V.S.A. § 3105(d) is amended to read:
(d)
Prior to review under this chapter and consideration by the legislature
General Assembly of any bill to regulate a profession or occupation, the office
of professional regulation Office of Professional Regulation shall make, in
writing, a preliminary assessment of whether any particular request for
regulation meets the criteria set forth in subsection (a) of this section.
The
office Office shall report its preliminary assessment to the appropriate house or
senate committee on government operations House or Senate Committee on
Government Operations.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this subsection.
Sec. 43.
26 V.S.A. § 3106 is amended to read:
§
3106.
DIRECTOR
OF
THE
OFFICE
OF
PROFESSIONAL
REGULATION; ANNUAL REPORT
Annually, the director of the office of professional regulation Director of
the Office of Professional Regulation shall prepare a concise report on the
activities
of
all
boards
under
his
or
her
jurisdiction.
Prior
to
the
commencement of each legislative session, the director Director shall prepare a
report for publication on the office’s website containing his or her assessments,
conclusions, and recommendations with proposals for legislation, if any, to the
speaker of the house Speaker of the House and to the chairpersons of the
government operations committees of the house and senate Chairpersons of the
House
and
Senate
Committees
on
Government
Operations and
the
chairpersons of the boards.
The office shall also provide written copies of the
report to the house and senate committees on government operations House
and Senate Committees on Government Operations. The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this section.
Sec. 44.
29 V.S.A. § 152(a)(25) is amended to read:
(25)
Transfer any unexpended project balances from previous capital
construction acts for the purpose of emergency projects not authorized in a
capital construction act in an amount not to exceed $100,000.00; provided the
Commissioner shall send timely written notice of such expenditures to the
Chairs of the House Committee on Corrections and Institutions and the Senate
Committee on Institutions.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this
- 3437 -
subdivision.
Sec. 45.
29 V.S.A. § 531(c) is amended to read:
(c)
Each state State land manager shall adopt a written statement of
objectives, policies, procedures, and a program to guide the development of the
state’s State’s oil and gas resources.
Biennially, each state State land manager
and the board Board shall prepare and submit to the general assembly General
Assembly a proposed four-year oil and gas leasing and management program
and a report on all leasing and management activities undertaken during the
preceding two years.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this subsection.
Managers may elect to collaborate on a joint program of planning, leasing, and
reporting to fulfill the requirements of this section.
Sec. 46.
[Deleted.]
Sec. 47.
[Deleted.]
Sec. 48.
30 V.S.A. § 203a(c) is amended to read:
(c)
Report.
On or before January 15, 2010, and annually thereafter, the
Public Service Department of Public Service shall report to the Legislature
General Assembly on the expenditure of funds from the Fuel Efficiency Fund
to meet the public’s needs for energy efficiency services.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subsection.
Sec. 49.
30 V.S.A. § 209(d)(3)(A) is amended to read:
(A)
Balances in the Electric Efficiency Fund shall be ratepayer funds,
shall be used to support the activities authorized in this subdivision, and shall
be carried forward and remain in the Fund at the end of each fiscal year.
These
monies shall not be available to meet the general obligations of the State.
Interest earned shall remain in the Fund.
The Board will annually provide the
General Assembly with a report detailing the revenues collected and the
expenditures made for energy efficiency programs under this section.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
Sec. 50.
30 V.S.A. § 255(e) is amended to read:
(e)
Reports.
By January 15 of each year, commencing in 2007, the
Department of Public Service in consultation with the Agency of Natural
Resources and the Public Service Board shall provide to the House and Senate
Committees on Natural Resources and Energy, the Senate Committee on
Finance, and the House Committee on Commerce a report detailing the
implementation and operation of RGGI and the revenues collected and the
- 3438 -
expenditures made under this section, together with recommended principles to
be followed in the allocation of funds.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subsection.
Sec. 51.
30 V.S.A. § 5038(a) is amended to read:
(a)
On or before the last day of January in each year, the authority shall
submit a report of its activities for the preceding calendar year to the governor
Governor, the public service board Public Service Board, and the general
assembly General Assembly.
Each report shall set forth a complete operating
and financial statement covering its operations during the year, and shall
contain a full and complete statement of the authority’s anticipated budget and
operations for the ensuing year.
The provisions of 2 V.S.A. § 20(d) (expiration
of required reports) shall not apply to the report to be made under this
subsection.
The authority shall cause an audit of its books and accounts to be
made at least once in each year by certified public accountants; the cost shall
be considered an expense of the authority and copies shall be filed with the
state treasurer State Treasurer and the public service board Public Service
Board.
Sec. 52.
30 V.S.A. § 8105(b) is amended to read:
(b)
Beginning March 1, 2010, and annually thereafter, the Commissioner of
Public Service shall submit a report to the Senate Committees on Economic
Development, Housing and General Affairs, on Finance, and on Natural
Resources and Energy, the House Committees on Ways and Means, on
Commerce and Economic Development, and on Natural Resources and
Energy, and the Governor which shall include an update on progress made in
the development of the Vermont village green renewable projects authorized
under this chapter.
The report also shall include an analysis of the costs and
benefits of the projects as well as any recommendations consistent with the
purposes of this chapter.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this subsection.
Sec. 53.
30 V.S.A. § 8015(e)(7)(A) is amended to read:
(A)
By January 15 of each year, provide to the House and Senate
Committees on Natural Resources and Energy, the Senate Committee on
Finance, and the House Committee on Commerce and Economic Development
a report for the fiscal year ending the preceding June 30 detailing the activities
undertaken, the revenues collected, and the expenditures made under this
subchapter. The provisions of 2 V.S.A. § 20(d) (expiration of required reports)
shall not apply to the report to be made under this subdivision.
Sec. 54.
32 V.S.A. § 5(a)(3) is amended to read:
- 3439 -
(3)
This section shall not apply to the acceptance of grants, gifts,
donations, loans, or other things of value with a value of $5,000.00 or less, or
to the acceptance by the Department of Forests, Parks and Recreation of
grants, gifts, donations, loans, or other things of value with a value of
$15,000.00 or less, provided that such acceptance will not incur additional
expense to the State or create an ongoing requirement for funds, services, or
facilities.
The Secretary of Administration and Joint Fiscal Office shall be
promptly notified of the source, value, and purpose of any items received
under this subdivision.
The Joint Fiscal Office shall report all such items to
the Joint Fiscal Committee quarterly.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subdivision.
Sec. 55.
32 V.S.A. § 166 is amended to read:
§ 166.
PAYMENTS TO TOWNS; RETURNS BY COMMISSIONER OF
FINANCE AND MANAGEMENT
On or before January 10 of each year, the Commissioner of Finance and
Management shall transmit to the Auditors auditors of each town a statement
showing the amount of money paid by the State to the town and the purpose
for which paid during the year ending December 31 preceding the date of such
statement, the date of such payments and purpose for which made, unless the
Commissioner of Finance and Management is requested to send such statement
at some other date to conform
to the fiscal year of such municipality.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this section.
Sec. 56.
32 V.S.A. § 306 is amended to read:
§ 306.
BUDGET REPORT
(a)
The Governor shall submit to the General Assembly, not later than the
third Tuesday of every annual session, a budget which shall embody his or her
estimates,
requests,
and
recommendations
for
appropriations
or
other
authorizations for expenditures from the State Treasury.
In the first year of the
biennium, the budget shall relate to the two succeeding fiscal years.
In the
second year of the biennium, it shall relate to the succeeding fiscal year.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
(b)
The Governor shall also submit to the General Assembly, not later than
the third Tuesday of each session of every biennium, a tax expenditure budget
which shall embody his or her estimates, requests, and recommendations.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this subsection.
The tax expenditure budget
- 3440 -
shall be divided into three parts and made as follows:
(1)
A budget covering tax expenditures related to nonprofits and
charitable organizations and covering miscellaneous expenditures shall be
made by the third Tuesday of the legislative session beginning in January 2012
and every three years thereafter.
(2)
A
budget
covering
tax
expenditures
related
to
economic
development, including business, investment, and energy, shall be made by the
third Tuesday of the legislative session beginning in January 2013 and every
three years thereafter.
(3)
A budget
covering tax expenditures made in
furtherance of
Vermont’s human services, including tax expenditures affecting veterans, shall
be made by the third Tuesday of the legislative session beginning in January
2014 and every three years thereafter.
(c)
The tax expenditure budget shall be provided to the House Committee
on Ways and Means and the Senate Committee on Finance, which committees
shall review the tax expenditure budget and shall report their recommendations
in bill form.
Sec. 57.
32 V.S.A. § 309(e) is added to read:
(e)
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall
not apply to any report to be made under this section.
Sec. 58.
32 V.S.A. § 311(b) is amended to read:
(b)
At the request of the House or Senate Committee on Government
Operations or on Appropriations, the State Treasurer, and the Commissioner of
Finance and Management shall present to the requesting committees the
recommendations submitted under 3 V.S.A. § 471(n) and 16 V.S.A. § 1942(r).
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not
apply to the report to be made under this subsection.
Sec. 59.
32 V.S.A. § 312(b) is amended to read:
(b)
Tax expenditure reports.
Biennially, as part of the budget process,
beginning January 15, 2009, the Department of Taxes and the Joint Fiscal
Office shall file with the House 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 taxes, sales
and use tax, and meals and rooms tax, insurance premium tax, bank franchise
tax, education property tax, diesel fuel tax, gasoline tax, motor vehicle
purchase and use tax, and such other tax expenditures for which the Joint
Fiscal Office and the Department of Taxes jointly have produced revenue
estimates.
The Office of Legislative Council shall also be available to assist
- 3441 -
with this tax expenditure report.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subsection.
The report shall include, for each tax expenditure, the
following information:
(1)
A a description of the tax expenditure.;
(2)
The the most recent fiscal information available on the direct cost of
the tax expenditure in the past two years.;
(3)
The the date of enactment of the expenditure.; and
(4)
A a description of and estimate of the number of taxpayers directly
benefiting from the expenditure provision.
Sec. 60.
32 V.S.A. § 511 is amended to read:
§ 511.
EXCESS RECEIPTS
If any receipts including federal receipts exceed the appropriated amounts,
the
receipts
may
be
allocated
and
expended
on
the
approval
of
the
Commissioner of Finance and Management.
If, however, the expenditure of
those receipts will establish or increase the scope of the program, which
establishment or increase will at any time commit the State to the expenditure
of State funds, they may only be expended upon the approval of the legislature
General Assembly.
Excess federal receipts, whenever possible, shall be
utilized to reduce the expenditure of State funds.
The Commissioner of
Finance and Management shall report to the Joint Fiscal Committee quarterly
with a cumulative list and explanation of the allocation and expenditure of
such excess receipts.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the report to be made under this section.
Sec. 61.
32 V.S.A. § 605(a) is amended to read:
(a)
The Governor shall, no later than the third Tuesday of every annual
legislative session, submit a consolidated Executive Branch fee report and
request to the General Assembly, which shall accompany the Governor’s
annual budget report and request submitted to the General Assembly as
required by section 306 of this title, except that the first fee report shall be
submitted by October 1, 1996 to the House and Senate Committee on Ways
and Means, the House and Senate Committee on Finance, and the House and
Senate Committee on Government Operations.
The first fee request shall be
submitted during the 1997 session as provided herein above.
The content of
each annual report and request for fees concerning State agency public records
maintained pursuant to 1 V.S.A. chapter 5, subchapter 3 shall be prepared by
the Secretary of State, who shall base all recommended fee amounts on “actual
cost.”
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall
- 3442 -
not apply to the report to be made under this section.
Sec. 62.
32 V.S.A. § 605a(a) is amended to read:
(a)
The Justices justices of the Supreme Court or the Court Administrator if
one is appointed pursuant to 4 V.S.A. § 21, in consultation with the Justices
justices of the Supreme Court, shall submit a consolidated Judicial Branch fee
report and request no later than the third Tuesday of the legislative session of
2011 and every three years thereafter.
The report shall be submitted to the
House Committee on Ways and Means, the Senate Committee on Finance, and
the House and Senate Committees on Government Operations.
The provisions
of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report
to be made under this subsection.
Sec. 63.
32 V.S.A. § 704 is amended to read:
§ 704.
INTERIM BUDGET AND APPROPRIATION ADJUSTMENTS
(a)
The General Assembly recognizes that acts of appropriations and their
sources of funding reflect the priorities for expenditures of public funds
enacted by the Legislature, and that major reductions or adjustments, when
required by reduced State revenues or other reasons, ought to be made
whenever possible by an act of the Legislature reflecting its revisions of those
priorities.
Nevertheless, if the General Assembly is not in session, authorized
appropriations and their sources of funding may be adjusted and funds may be
transferred pursuant to the provisions of this section.
(b)(1)
If the official State revenue estimates of the Emergency Board for
the General Fund, the Transportation Fund, or federal funds, determined under
section 305a of this title have been reduced by one percent or more from the
estimates determined and assumed for purposes of the general appropriations
act or budget adjustment act, and if the General Assembly is not in session, in
order
to adjust
appropriations
and
their
sources
of
funding
under
this
subdivision, the Secretary shall prepare a plan for approval by the Joint Fiscal
Committee, and authorized appropriations and their sources of funding may be
adjusted and funds transferred pursuant to a plan approved under this section.
(2)
If the Secretary of Administration determines that the current fiscal
year revenues for the General Fund, Transportation Fund, or federal funds are
likely to be reduced from the official revenue estimates by less than one
percent, the Secretary may prepare and implement an expenditure reduction
plan, and implement appropriations reductions in accordance with the plan.
The Secretary may implement a plan under this subdivision without the
approval of the Joint Fiscal Committee if reductions to any individual
appropriation do not exceed five percent of the appropriation’s amount for
personal
services,
operating
expenses,
grants,
and
other
categories,
and
- 3443 -
provided that the plan is designed to minimize any negative effects on the
delivery
of
services
to
the
public,
and
shall
not
have
any
unduly
disproportionate effect on any single function, program, service, benefit, or
county.
Plans not requiring the approval of the Joint Fiscal Committee shall be
filed with the Joint Fiscal Office prior to implementation.
If the Secretary’s
plan consists of disproportionate reductions greater than five percent in any
line item, such plan shall not be implemented without the approval of the Joint
Fiscal Committee.
(c)
A plan prepared by the Secretary shall indicate the amounts to be
adjusted in each appropriation, and in personal services, operating expenses,
grants, and other categories, shall indicate the effect of each adjustment in
appropriations and their sources of funding, and each fund transfer, on the
primary purposes of the program, and shall indicate how it is designed to
minimize any negative effects on the delivery of services to the public, and any
unduly disproportionate effect the plan may have on any single function,
program, service, benefit, or county.
(d)
An expenditure reduction plan under subdivision (b)(2) of this section
shall not include any reduction in:
(1)
appropriations authorized and necessary to fulfill the State’s debt
obligations;
(2)
appropriations authorized for the Judicial or Legislative Branches
Branch, except that the plan may recommend reductions for consideration by
the Judicial or Legislative Branches Branch; or
(3)
appropriations for the salaries of elected officers of the Executive
Branch listed in subsection 1003(a) of this title.
(e)(1)
The Joint Fiscal Committee shall have 21 days from the date of
submission of a plan under subdivision (b)(1) of this section to consider the
plan, and may approve or disapprove the plan upon a vote of a majority of the
members of the Committee.
If the Committee vote results in a tie, the plan
shall be deemed disapproved; and if the Committee fails for any other reason
to take final action on such plan within 21 days of its submission to the
Committee, it shall be deemed to be disapproved.
During the 21-day period
for consideration of the plan, the Committee shall conduct a public hearing and
provide an opportunity for public comment on the plan.
(2)
If the plan is disapproved, then in order to communicate the
priorities
of
the
General
Assembly,
the
Committee
shall
make
recommendations to the Secretary for amendments to the plan.
Within seven
days after the Committee notifies the Secretary of its disapproval of a plan, the
Secretary may submit a final plan to the Committee.
The committee
- 3444 -
Committee shall have 14 days from the date of submission of a final plan to
consider that plan and to vote by a majority of the members of the Committee
to approve or disapprove the plan; but if the Committee fails to approve or
disapprove the plan by a majority vote, the plan shall be deemed disapproved.
If the Secretary’s final plan includes any changes from the original plan other
than those recommended by the Committee, then during the 14-day period for
consideration of the final plan, the Committee shall conduct a public hearing
and provide an opportunity for public comment, with the scope of the hearing
and the comments limited to the changes from the original plan.
(3)
In determining whether to approve a plan submitted by the Secretary
under
this
subsection,
the
Committee
shall
consider
whether
the
plan
minimizes any negative effects on the delivery of services to the public, and
whether the plan will have any unduly disproportionate effect on any single
function, program, service, benefit, or county.
(4)
Any plan disapproved under this section shall not be implemented.
(5)
For purposes of this section, the Committee shall be convened at the
call of the Chair or at the request of at least three members of the Committee.
(f)
In the event of a reduction in the official revenue estimate of one
percent or more, the Secretary may implement an expenditure reduction plan in
the manner provided for in subdivision (b)(2) of this section, provided that the
reduction in appropriations is not greater than one percent of the prior official
revenue estimate.
(g)
No plan may be approved or implemented under this section which:
(1)
would reduce appropriations from any fund by more than the
cumulative reductions in the official State revenue estimates of the Emergency
Board for the General Fund, the Transportation Fund, or federal funds,
determined under section 305a of this title, from the estimate originally
determined and assumed for purposes of the general appropriations act or
budget adjustment act; minus the total reductions in appropriations already
taken under this section in that fund in the fiscal year; or
(2)
would result in total reductions under this section in appropriations
in the fiscal year from any fund by more than four percent of the estimate
originally determined and assumed for purposes of the general appropriations
act or budget adjustment act; or
(3)
would adjust revenues or expenditures of the Education Fund as
prescribed by law.
(h)
The provisions of this section shall apply to each official State revenue
estimate of the Emergency Board in the fiscal year and when the General
- 3445 -
Assembly is not in session.
(i)
The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall
not apply to the plan to be made under this section.
Sec. 64.
32 V.S.A. § 705(c) is amended to read:
(c)
The authority conferred by this section is granted solely for the
ministerial purpose of managing the State’s financial accounts.
Nothing
contained
in
this
section
shall authorize
any
decrease
in
any
such
appropriation.
If allotments have been made, the Secretary shall report to the
Joint Fiscal Committee on or before the 15th day of each quarter, identifying
and describing the allotments made pursuant to the authority granted by this
section during the preceding quarter.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subsection.
Sec. 65.
32 V.S.A. § 1001(c) is amended to read:
(c)
Committee estimate of a prudent amount of net State tax-supported
debt; affordability considerations.
On or before September 30 of each year, the
Committee shall submit to the Governor and the General Assembly the
Committee’s estimate of net State tax-supported debt which prudently may be
authorized for the next fiscal year, together with a report explaining the basis
for the estimate.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
In
developing its annual
estimate, and in preparing its
annual
report, the
Committee shall consider:
* * *
Sec. 66.
32 V.S.A. § 1001a is amended to read:
§ 1001a.
REPORTS
The Capital Debt Affordability Advisory Committee shall prepare and
submit consistent with 2 V.S.A. § 20(a) a report on:
(1)
general General obligation debt, pursuant to subsection 1001(c) of
this title; and.
(2)
how How many, if any, Transportation Infrastructure Bonds have
been issued and under what conditions.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subdivision.
Sec. 67.
32 V.S.A. § 3101(b) is amended to read:
(b)
The Commissioner shall:
- 3446 -
(1)
report biennially to the General Assembly.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subdivision;
* * *
(11)
from time to time prepare and publish statistics reasonably
available with respect
to the operation of this title, including amounts
collected, classification of taxpayers, tax liabilities, and such other facts as the
Commissioner or the General Assembly considers pertinent.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subdivision;
(12)
[Repealed.]
(13)
from time to time provide municipalities with recommended
methods for determining, for municipal tax purposes, the fair market value of
renewable energy plants that are subject to taxation under section 8701 of this
title.
Sec. 68.
32 V.S.A. § 3412 is amended to read:
§ 3412.
ANNUAL REPORT
Before January 15 of each year, the Director shall deliver to the Speaker of
the House of Representatives and to the President Pro Tempore of the Senate
copies of an annual report including in that report all rules issued in the
preceding year.
The report shall include the rate per dollar and the amount of
all taxes assessed in each and all of the towns, gores, school and fire districts
and villages for and during the year ending with June 30, preceding, and the
value of all exempt property on each grand list as required by subsection
4152(a) of this title.
The report shall also include an analysis of the appraisal
practices and methods employed through the State.
The Director shall include
recommendations for statutory changes as he or she feels necessary.
Copies of
the annual report shall be forwarded to the Chair of the Selectboard of each
town.
The presiding officer shall refer the report to the appropriate committees
of
the
General
Assembly
for
their
review
and
recommendation.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this section.
Sec. 69.
[Deleted.]
Sec. 70.
33 V.S.A. § 2032(e) is amended to read:
(e)
The Department shall conduct comprehensive evaluations of the
Board’s success in improving clinical and utilization outcomes using claims
data and a survey of health care professional satisfaction.
The Department
shall report annually by January 15 to the House Committee on Health Care
- 3447 -
and the Senate Committee on Health and Welfare regarding the results of the
most recent evaluation or evaluations and a summary of the Board’s activities
and recommendations since the last report.
The provisions of 2 V.S.A. § 20(d)
(expiration of required reports) shall not apply to the report to be made under
this subsection.
Sec. 71.
33 V.S.A. § 4603(16) is amended to read:
(16)
Report
to
the
Governor
and
the
legislative
committees
of
jurisdiction during the first month of each legislative biennium on the
Council’s findings and recommendations, progress toward outcomes consistent
with No. 68 of the Acts of the 2009 Adj. Sess. (2010), and recommendations
for priorities for the biennium.
The provisions of 2 V.S.A. § 20(d) (expiration
of required reports) shall not apply to the report to be made under this
subdivision.
Sec. 72.
2005 Acts and Resolves No. 71, Sec. 142a(a) as amended by 2006
Acts and Resolves No. 93, Sec. 47 is amended to read:
(a) It is the intent of the legislature General Assembly that should the
projected need for out-of-state beds be reduced from the amount budgeted at
any time during any fiscal year and this need is expected to remain at or below
this new level for at least 12 months, the resources within the correctional
services budget that would have been used for out-of-state bed capacity be
reallocated first to community supervision to create and fill at least five
community
supervision
positions, including
caseworkers
and
community
corrections officers for each 50 bed 50-bed reduction in long-term projected
out-of-state bed need. Projections of out-of-state bed need for at least the
subsequent 12 months shall be made by the department of corrections
Department of Corrections for presentation at each meeting to the legislative
joint corrections oversight committee Legislative Joint Corrections Oversight
Committee.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
Sec. 73.
[Deleted.]
Sec. 74.
[Deleted.]
Sec. 75.
2009 Acts and Resolves No. 38, Sec. 3(5) is amended to read:
(5)
Report to the senate and house committees on education Senate and
House Committees on Education on or before January 15, 2011 regarding
implementation of this section and in January of each subsequent year until
implementation is complete.
The provisions of 2 V.S.A. § 20(d) (expiration of
required reports) shall not apply to the
report to be made under this
subdivision.
- 3448 -
Sec. 76.
2009 Acts and Resolves No. 43, Sec. 49 is amended to read:
Sec. 49.
CLOSING OF CORRECTIONAL FACILITIES; APPROVAL
The secretary of administration Secretary of Administration shall not plan
to close or significantly reduce operations at any correctional facility unless
approval to proceed with such closing or reduction plans is granted by both the
joint committee on corrections oversight Joint Committee on Corrections
Oversight and the joint fiscal committee Joint Fiscal Committee.
Any plan
submitted to the committees shall include an analysis of the regional impact,
including
how
the
increased
transportation
costs
will
be
funded.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this section.
Sec. 77.
2009 Acts and Resolves No. 44, Sec. 44(b) is amended to read:
(b)
On or before January 15 of each year through January 2020, the
commissioner Commissioner shall report to the senate and house committees
on education Senate and House Committees on Education regarding the state’s
State’s progress in achieving the goal of a 100 percent secondary school
completion rate.
At the time of the report, the commissioner Commissioner
shall also recommend other initiatives, if any, to improve both graduation rates
and secondary school success for all Vermont students.
The provisions of
2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to
be made under this subsection.
Sec. 78.
2009 Acts and Resolves No. 58, Sec. 25(b) is amended to read:
(b)
The committee shall include recommendations on the issues described
in subsection (a) of this section in its annual report to the general assembly
General Assembly.
The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
Sec. 79.
2010 Acts and Resolves No. 154, Sec. 235b is amended to read:
Sec. 235b.
WEIGHTED CASELOAD STUDY
The court administrator Court Administrator shall conduct a weighted
caseload study and analysis or equivalent study within the superior court and
judicial bureau Superior Court and Judicial Bureau every three years.
The
results of the study shall be reported to the senate and house committees on
judiciary
and
government
operations Senate
and
House Committees
on
Judiciary and on Government Operations.
The study may be used to review
and consider adjustments to the compensation of probate Probate judges.
The
provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply
to the report to be made under this section.
* * * Report Requirements Repealed * * *
- 3449 -
Sec. 80.
1 V.S.A. § 853(d)(7) is amended to read:
(7)
The commission shall provide a detailed written report of its findings
and conclusions to the applicant and the legislative committees along with a
recommendation that the general assembly recognize or deny recognition to
the applicant as a Native American Indian tribe.
[Repealed.]
Sec. 81.
2 V.S.A. § 951(d) is amended to read:
(d)
The Vermont directors of the association shall report to the general
assembly on or before January 1 of each year with a summary of the activities
of
the
association,
and
any
findings
and
recommendations
for
making
prescription drugs more affordable and accessible to Vermonters.
[Repealed.]
Sec. 82.
3 V.S.A. § 2807(d) is amended to read:
(d)
Report. Every year, by January 15, the commissioner shall report to the
house and senate committees on natural resources and energy on the sources of
the fund, and on fund balances and expenditures from the fund.
[Repealed.]
Sec. 83.
6 V.S.A. § 981 is amended to read:
§ 981.
ADOPTION OF COMPACT
* * *
ARTICLE IV
The Insurance Fund, Internal Operations and Management
* * *
(g)
The insurance fund may accept for any of its purposes and functions
under this compact any and all donations, and grants of money, equipment,
supplies, materials, and services, conditional or otherwise, from any state, the
United States, or any other governmental agency, or from any person, firm,
association, or corporation, and may receive, utilize, and dispose of the same.
Any donation, gift, or grant accepted by the governing board pursuant to this
subsection or services borrowed pursuant to subsection (h) of this article shall
be reported in the annual report of the insurance fund. Such report shall include
the nature, amount, and conditions, if any, of the donation, gift, grant, or
services borrowed and the identity of the donor or lender.
(h)
The governing board shall adopt bylaws for the conduct of the business
of the insurance fund and shall have the power to amend and to rescind these
bylaws.
The insurance fund shall publish its bylaws in a convenient form and
shall file a copy thereof and a copy of any amendment thereto with the
appropriate agency or officer in each of the party states.
(i)
The insurance fund annually shall make to the governor and legislature
- 3450 -
of each party state a report covering its activities for the preceding year.
The
insurance fund may make such additional reports to the governor and
legislature of party states as it may deem desirable.
* * *
Sec. 84.
9A V.S.A. § 9-527 is amended to read:
§ 9-527.
DUTY TO REPORT
The secretary of state shall report biannually to the legislature on the
operation of the filing office. The report must contain a statement of the extent
to which:
(1) the filing office rules are not in harmony with the rules of filing
offices in other jurisdictions that enact substantially this part and the reasons
for these variations; and
(2) the filing office rules are not in harmony with the most recent version
of the model rules promulgated by the International Association of Corporate
Administrators, or any successor organization, and the reasons for these
variations.
[Repealed.]
Sec. 85.
[Deleted.]
Sec. 86.
10 V.S.A. § 707 is amended to read:
§ 707.
EXPENDITURES; STATEMENT BY COUNCIL
The council, on or before September 1 in each even numbered year shall
file with the commissioner of budget and management, upon forms prepared
and furnished by the commissioner of budget and management, statements
showing in detail the amount appropriated and expended for the current
biennial fiscal periods and the amount estimated for such activity to be
necessary for the ensuing biennial fiscal periods.
[Repealed.]
Sec. 87.
10 V.S.A. § 1264(f)(3) is amended to read:
(3)
By January 15, 2010, the Secretary shall issue a watershed
improvement permit, issue a general or individual permit implementing a
TMDL approved by the EPA, or issue a general or individual permit
implementing
a
water
quality
remediation
plan
for
each
of
the
stormwater-impaired waters on the Vermont Year 2004 Section 303(d) List of
Waters required by 33 U.S.C. 1313(d).
In developing a TMDL or a water
quality remediation plan for a stormwater-impaired water, the Secretary shall
consult
“A
Scientifically
Based
Assessment
and
Adaptive
Management
Approach to Stormwater Management” and “Areas of Agreement about the
Scientific Underpinnings of the Water Resources Board’s Original Seven
Questions” set out in appendices A and B, respectively, of the final report of
- 3451 -
the Water Resources Board’s “Investigation Into Developing Cleanup Plans
For Stormwater Impaired Waters, Docket No. Inv-03-01,” issued March 9,
2004.
Beginning January 30, 2005 and until a watershed improvement permit,
a general or individual permit implementing a TMDL, or a general or
individual permit implementing a water quality remediation plan is set for each
of the stormwater-impaired waters on the Vermont Year 2004 Section 303(d)
List of Waters required by 33 U.S.C. § 1313(d), the Secretary shall report
annually to the General Assembly on Agency progress in establishing the
watershed improvement permits, TMDLs, and water quality remediation plans
for the stormwater-impaired waters of the State; on the accuracy of assessment
and environmental efficacy of any stormwater impact fee paid to the State
Stormwater-Impaired Waters Restoration Fund; and on the efforts by the
Secretary to educate and inform owners of real estate in watersheds of
stormwater-impaired waters regarding the requirements of the state stormwater
law.
Sec. 88.
10 V.S.A. § 1283(e) is amended to read:
(e)
The secretary shall report annually to the general assembly on the
condition of the fund.
The report shall include a listing of any incident leading
to disbursements, the amount disbursed, and the method and amount of
reimbursement.
[Repealed.]
Sec. 89.
10 V.S.A. § 1455(l)(2) is amended to read:
(2)
On an annual basis, the secretary of agriculture, food and markets
shall notify the secretary of the location of all authorized mosquito control
applications to the waters of the state that took place during the reporting year
and the type and quantity of larvicide and pupacide used at each location.
[Repealed.]
Sec. 90.
[Deleted.]
Sec. 91.
[Deleted.]
Sec. 92.
18 V.S.A. § 1755(b) is amended to read:
(b)
Annually,
the commissioner Commissioner shall
determine
the
percentage of children six years of age or younger who are being screened in
accordance with the guidelines and shall, unless a final report is available,
provide interim information on screening to the legislature annually on
April 15.
If fewer than 85 percent of one-year-olds and fewer than 75 percent
of two-year-olds as specified in the guidelines are receiving screening, the
secretary Secretary shall adopt rules to require that all health care providers
who provide primary medical care to young children shall ensure that their
patients are screened and tested according to the guidelines, beginning
- 3452 -
January 1, 2011.
Sec. 93.
20 V.S.A. § 1946 is amended 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 data bank, any backlogs in processing samples, and
staffing and funding issues related to any backlog.
[Repealed.]
Sec. 94.
24 V.S.A. § 4760(b) is amended to read:
(b)
Annually, the secretary and the bond bank shall notify the chairpersons
of the house committee on appropriations and the senate committee on
appropriations of the amount of each of the separate funds created under
section 4753 of this title anticipated to be available for the next fiscal year.
[Repealed.]
Sec. 95.
24 V.S.A. § 4774(b) is amended to read:
(b)
Annually by January 15, the secretary and VEDA shall submit a report
to members of the joint fiscal committee setting out the balance of the fund
created by subdivision 4753(a)(3) of this title, loan awards made to date, funds
anticipated to be made available in the coming year and any other matters of
interest.
[Repealed.]
Sec. 96.
29 V.S.A. § 903(e)(3) is amended to read:
(3)
The
Secretary
of
Administration
will
report
to
the
General
Assembly, on February 1 each year, equipment purchased through this Fund,
plans for equipment purchased through the Fund for the following fiscal year,
the status of the Fund, and a consolidated amortization schedule.
[Repealed.]
Sec. 97.
32 V.S.A. § 308b is amended to read:
§ 308b.
HUMAN SERVICES CASELOAD RESERVE
(a)
There is created within the General Fund a Human Services Caseload
Management Reserve.
Expenditures from the Reserve shall be subject to an
appropriation by the General Assembly or approval by the Emergency Board.
Expenditures from the Reserve shall be limited to Agency of Human Services
caseload-related needs primarily in the Departments for Children and Families;
of Health,; of Mental Health; of Disabilities, Aging, and Independent Living;
and of Vermont Health Access.
(b)
The Secretary of Administration may transfer to the Human Services
Caseload Reserve any General Fund carry-forward directly attributable to Aid
to Needy Families with Children (ANFC) caseload reductions and the effective
- 3453 -
management of related federal receipts.
A report on the transfer of any such
carry-forward to the Reserve shall be made to the Joint Fiscal Committee at its
first meeting following September 1 of each year.
(c)
[Repealed.]
Sec. 98.
33 V.S.A. § 1901(e) is amended to read:
(e)(1) The Department for Children and Families and the Department of
Vermont Health Access shall monitor and evaluate and report quarterly
beginning July 1, 2006 on the disenrollment in each of the Medicaid or
Medicaid waiver programs subject to premiums, including:
(A) The number of beneficiaries receiving termination notices for
failure to pay premiums;
(B) 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
(C) 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.
(2) The Department for Children and Families and the Department of
Vermont Health Access shall submit reports at the end of each quarter required
by subdivision (1) of this subsection to the House and Senate Committees on
Appropriations, the Senate Committee on health and welfare, the house
Committee on Human Services, the Health Care Oversight Committee, and the
Medicaid Advisory Board.
[Repealed.]
Sec. 98a.
33 V.S.A. § 1998(c)(6) is amended to read:
(6)
The Commissioners and the Secretary shall report quarterly to the
Health Care Oversight Committee and the Joint Fiscal Committee on their
progress
in
securing
Vermont’s
participation
in
such
joint
purchasing
agreements.
[Repealed.]
Sec. 99.
33 V.S.A. § 2003(i) is amended to read:
(i)
Annually, the Department of Vermont Health Access shall report the
enrollment and financial status of the pharmacy discount plans to the Health
Care Oversight Committee by September 1, and to the General Assembly by
January 1.
[Repealed.]
Sec. 100.
33 V.S.A. § 3308 is amended to read:
- 3454 -
§ 3308.
ANNUAL REPORT
Annually, prior to January 15, the council shall submit a report of its
activities for the preceding fiscal year to the governor and to the general
assembly. The report shall contain an evaluation of the effectiveness of the
programs and services financed or to be financed by the children’s trust fund,
and shall include an assessment of the impact of such programs and services on
children and families.
[Repealed.]
Sec. 101.
33 V.S.A. § 3703 is amended to read:
§ 3703.
REPORT
Annually on or before January 15 of each year, the secretary of the agency
of human services shall report to the general assembly on the status of parent-
child center programs. The report shall include information concerning the
following areas:
(1) actual disbursements;
(2) number of facilities and programs provided;
(3) number of families served;
(4) the impact of the monies relative to the continued success of each
program;
(5) identification of other funding sources.
[Repealed.]
Sec. 102.
33 V.S.A. § 4904(d) is amended to read:
(d)
The Commissioner shall establish a method for measuring, evaluating,
and reporting the outcomes of transitional services provided under this section
to the House Committee on Human Services and the Senate Committee on
Health and Welfare annually on January 15.
[Repealed.]
Sec. 103.
33 V.S.A. § 6508 is amended to read:
§ 6508.
REPORT REQUIRED
On or before January 15 of each year up to and including 1992, the
Department of Disabilities, Aging, and Independent Living shall evaluate the
effect of this chapter and report its findings to the chairpersons of the Senate
and House Committees on Health and Welfare. At a minimum, the report shall
address the following: inquiries or complaints received by the Department of
Disabilities, Aging, and Independent Living concerning physician balance
billing practices, changes in actual billing of Medicare beneficiaries for
physician
services,
issues
relating
to
access
to
physician
services
for
beneficiaries, and any other information necessary to enable the committees to
assess the effect of this chapter on physicians and beneficiaries. In compiling
- 3455 -
its report, the Department of Disabilities, Aging, and Independent Living shall
consult with the Secretary of State, the carrier for Medicare physician services
for Vermont, and the professional societies of professions affected by this
chapter.
[Repealed.]
Sec. 103a.
2003 Acts and Resolves No. 66, Sec. 217d(b) is amended to read:
(b)
On or before January 15, 2004 and by January 15 each year thereafter,
the commissioner of fish and wildlife shall report to the general assembly on:
the development of management plans for wildlife management areas; the
status of implementation of wildlife habitat enhancement and maintenance
projects on fish and wildlife lands; the schedule for maintenance and habitat
treatments on wildlife management areas; and the status of protected areas and
ecologically sensitive areas on wildlife management areas.
[Repealed.]
Sec. 104.
2005 Acts and Resolves No. 56, Sec. 1(g), as amended by 2007 Acts
and Resolves No. 65, Sec. 112a is amended to read:
(g)(1) Any savings realized due to the implementation of the long-term
care Medicaid 1115 waiver shall be retained by the department and reinvested
into providing home- and community-based services under the waiver. If at
any time the agency reapplies for a Medicaid waiver to provide these services,
it shall include a provision in the waiver that any savings shall be reinvested.
(2) In its annual budget presentation, the department of disabilities,
aging, and independent living shall include the amount of savings generated
from individuals receiving home- and community-based care services instead
of services in a nursing home through the Choices for Care waiver and a plan
with details on the recommended use of the appropriation. The plan shall
include the base appropriation; the method for determining savings; how the
savings will be reinvested in home- and community-based services, including
the allocation between increases in caseloads and increases in provider
reimbursements; and a breakdown of how many individuals are receiving
services by type of service.
[Repealed.]
Sec. 104a.
2009 Acts and Resolves No. 43, Sec. 31(f)(3) is amended to read:
(3)
Outside the legislative session, the department of mental health shall
provide quarterly updates to the joint fiscal committee and the mental health
oversight committee on the progress toward completing the facility and
developing the residential recovery program.
[Repealed.]
and by renumbering the remaining sections to be numerically correct.
(For text see House Journal March 20, 2014 )
- 3456 -
S. 239
An act relating to the regulation of toxic substances
The Senate concurs in the House proposal of amendment thereto as follows:
First:
In Sec. 2, in 18 V.S.A. § 1772, in subdivision (7)(A), after “children
in the State of Vermont,” and before “including” by inserting or any consumer
product whose substantial use or handling by children under 12 years of age is
reasonably foreseeable,
and by striking out subdivisions (7)(B)(ii) and (iii) in their entirety
and by renumbering the remaining subdivisions to be numerically correct.
Second:
In Sec. 2, in 18 V.S.A. § 1772, in subdivision (8)(G), by striking
out “or” where it appears
and by adding new subdivisions (8)(H) and (8)(I) to read as follows:
(H)
consumer electronic products, including personal computers,
audio and video equipment, calculators, wireless telephones, game consoles,
and hand-held devices incorporating a video screen used to access interactive
software
intended
for
leisure
and
entertainment
and
their
associated
peripherals;
(I)
interactive software, intended for leisure and entertainment, such
as computer games, and their storage media, such as compact discs; or
and
by
relettering
the
remaining
subdivision
in
subdivision
(8)
to
be
alphabetically correct.
Third:
In Sec. 2, in 18 V.S.A. § 1772, by striking out subdivision (11) in its
entirety and by renumbering the remaining subdivisions to be numerically
correct.
Fourth:
In Sec. 2, in 18 V.S.A. § 1774, in subdivision (b)(1)(F), by striking
out “two representatives” where it appears and inserting in lieu thereof one
representative
and in subdivision (d)(1), after “shall recommend” and before “chemicals of
high concern” by inserting at least two
and by adding subsection (g) to read as follows:
(g)
Right of appeal.
Individual members of the Working Group and the
Working Group as a whole shall have the right to appeal to the Board of Health
an
act
or omission
by
the
Commissioner
in
the
implementation
or
administration of the requirements of this chapter.
Fifth:
In Sec. 2, in 18 V.S.A. § 1775, in subsection (a), after “on July, 1,”
- 3457 -
and before “, and biennially thereafter” by striking out “2015” and inserting in
lieu thereof 2016
and in subdivision (a)(1), by striking out “intentionally added to” where it
appears and inserting in lieu thereof present in
and by striking out subsection (g) in its entirety and by relettering the
remaining subsections to be alphabetically correct.
Sixth:
In Sec. 2, in 18 V.S.A. § 1776, in subdivision (d)(1), after “The
Commissioner” and before “may adopt a rule” by striking out “, upon the
recommendation of the Chemicals of High Concern to Children Working
Group,”
and in subdivision (d)(2), after “credible information regarding” and before the
colon, by inserting one or more of the following
and in subdivision (d)(2)(C), after the semicolon, by inserting or
and in subdivision (f)(1), by striking out the second sentence in its entirety and
inserting in lieu thereof the following:
The rule shall provide:
(A)
all relevant criteria for evaluation of the chemical;
(B)
criteria by which a chemical, due to its presence in the
environment or risk of harm, shall be prioritized for addition or removal from
the list of chemicals of high concern to children or for regulation under
subsection (d) of this section;
(C)
time frames for labeling or phasing out sale or distribution; and
(D)
other information or process determined as necessary by the
Commissioner for implementation of this chapter.
Seventh:
In Sec. 2, in 18 V.S.A. § 1778, by adding a sentence at the end of
the section to read as follows:
The Commissioner may publish information submitted or acquired under
this chapter that is designated a trade secret, confidential business information,
or otherwise confidential by law in a summary or aggregate form, provided
that any published information shall not directly or indirectly identify an
individual manufacturer or a business advantage of an individual manufacturer.
Eighth:
By striking out Secs. 4 (liquid nicotine packaging) and 5 (Effective
Dates) in their entirety and by inserting in lieu thereof a new Sec. 4 to read as
follows:
Sec. 4.
EFFECTIVE DATE
- 3458 -
This act shall take effect on passage.
(For House Proposal of Amendment see House Journal April 30, 2014
Page 1583)
NOTICE CALENDAR
Favorable with Amendment
S. 263
An act relating to the authority of assistant judges in child support contempt
proceedings
Rep. Lippert of Hinesburg,
for the Committee on
Judiciary,
recommends
that the House propose to the Senate that the bill be amended by striking all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1.
4 V.S.A. § 36 is amended to read:
§ 36.
COMPOSITION OF THE COURT
(a)
Unless otherwise specified by law, when in session, a superior court
Superior Court shall consist of:
(1)
For cases in the civil Civil or family division Family Division, one
presiding superior Superior judge and two assistant judges, if available.
(2)(A)
For cases in the family division Family Division, except as
provided in subdivision (B) of this subdivision (2), one presiding superior
judge judicial officer and two assistant judges, if available.
(B)
The family court Family Division shall consist of one presiding
superior judge judicial officer sitting alone in the following proceedings:
(i)
All all juvenile proceedings filed pursuant to 33 V.S.A.
chapters 51, 52, and 53 of Title 33, including proceedings involving “youthful
offenders” pursuant to 33 V.S.A. § 5281, whether the matter originated in the
criminal or family division of the superior court Criminal or Family Division
of the Superior Court.;
(ii)
All all guardianship
services
proceeding
for
persons
proceedings filed pursuant to 18 V.S.A. chapter 215 of Title 18.;
(iii)
All all mental health proceedings filed pursuant to 18 V.S.A.
chapters 179, 181, and 185 of Title 18.;
(iv)
All all involuntary sterilization proceedings filed pursuant to
18 V.S.A. chapter 204 of Title 18.;
(v)
All all care for persons with developmental disabilities
proceedings filed pursuant to 18 V.S.A. chapter 206 of Title 18.; and
- 3459 -
(vi)
All all proceedings specifically within the jurisdiction of the
office of magistrate except child support contempt proceedings held pursuant
to a magistrate’s jurisdiction under subdivision 461(a)(1) of this title.;
(C)
Use of the term “judicial officer” in subdivisions (A) and (B) of
this subsection shall not be construed to expand a judicial officer’s subject
matter jurisdiction or conflict with the authority of the Chief Justice or
Administrative Judge to make special assignments pursuant to section 22 of
this title.
* * *
Sec. 2.
3 V.S.A. § 221 is added to read:
§ 221.
HEARING OFFICERS; RULES
(a)
The Secretary of Administration shall adopt a rule to establish
guidelines and oversight for hearing officers in the Executive Branch.
As used
in this section, “hearing officer” means a person employed by the State of
Vermont whose exclusive duty is to resolve contested cases when a decision of
an Executive Branch agency is challenged.
(b)
The rule adopted pursuant to this subsection shall include provisions
addressing the following topics:
(1)
The rule shall include ethical standards for hearing officers.
The
ethical standards:
(A)
may be based on the Model Code of Judicial Conduct for State
Administrative
Law
Judges
developed
by
the
National
Association
of
Administrative Law Judiciary;
(B)
shall be made readily accessible to the public and to parties in
administrative proceedings; and
(C)
shall include provisions related to bias, impartiality and the
appearance of impartiality, conflicts of interest, recusal and disqualification,
confidentiality, and ex parte communications.
(2)
The rule shall require the agency or department that employs the
hearing officer to designate procedures for the receipt, consideration, and
determination of complaints about the conduct of hearing officers.
The
procedures shall be provided to all parties in the matter.
(3)
The rule shall ensure that all parties in proceedings presided over by
a hearing officer are provided with a copy of the rules of procedure that apply
to the proceedings.
The rules shall prominently and specifically describe any
appeal rights a party has and the procedure for filing an appeal.
Sec. 3.
HEARING OFFICERS; REPORT
- 3460 -
(a)
On or before December 15, 2014, the Commissioner of Human
Resources shall report to the House and Senate Committees on Judiciary and
on Government Operations on the current and potential use and oversight of
hearing officers in Vermont State government.
The report shall:
(1)
identify all State employees and contractors who function in whole
or in part as hearing officers;
(2)
analyze the feasibility and costs of expanding the rule adopted
pursuant to 3 V.S.A. § 221 to all State employees and contractors who function
in whole or in part as hearing officers; and
(3)
analyze the feasibility and costs of providing education and
training to:
(A)
hearing officers covered by the rule adopted pursuant to 3 V.S.A.
§ 221; and
(B)
all State employees and contractors who function in whole or in
part as hearing officers.
(b)
As used in this section:
(1)
“Education and training” shall include content related to:
(A)
the importance to the proceedings of fairness, impartiality, and
the appearance of impartiality;
(B)
the rules of evidence;
(C)
legal writing, reasoning, and decision making;
(D)
the
ethical
standards
established
pursuant
to
3 V.S.A.
§ 221(b)(1);
(E)
confidentiality; and
(F)
the participation of pro se parties.
(2)
“Hearing officer” means a person employed or contracted on a
full-time or part-time basis by the State of Vermont whose duties include
resolving contested cases when a decision of an Executive Branch agency is
challenged.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 9-0-2 )
(For text see Senate Journal February 26, 2014 )
- 3461 -
S. 264
An act relating to technical corrections to civil and criminal procedure
statutes
Rep. Lippert of Hinesburg,
for the Committee on
Judiciary,
recommends
that the House propose to the Senate that the bill be amended by striking all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1.
1 V.S.A. § 317(c)(41) is amended to read:
(41)
documents reviewed by the Victim’s Compensation Board for
purposes of approving an application for compensation pursuant to 13 V.S.A.
chapter 167, except as provided by 13 V.S.A. §§ 5360 5358a(b) and 7043(c).
Sec. 2.
4 V.S.A. § 601(d) is amended to read:
(d)
The Judicial Nominating Board shall adopt rules under 3 V.S.A. chapter
25 which that shall establish criteria and standards for the nomination of
qualified candidates for justices Justices of the supreme Supreme Court,
superior Superior Court judges, magistrates Magistrates, the Chair of the
Public Service Board, and members of the Public Service Board.
The criteria
and standards shall include such factors as integrity, legal knowledge and
ability,
judicial
temperament,
impartiality,
health,
experience, diligence,
administrative and communicative skills, social consciousness, and public
service.
The application form shall not be included in the rules and may be
developed and periodically revised at the discretion of the Board.
Sec. 3.
9 V.S.A. § 2292 is amended to read:
§ 2292.
DEFENSES; LIABILITY AND PROTECTION OF TRANSFEREE
* * *
(e)
A transfer is not voidable under subdivision 2288(a)(2) or section 2289
of this title if the transfer results from:
(1)
termination of a lease upon default by the debtor when the
termination is pursuant to the lease and applicable law;
(2)
enforcement of a security interest in compliance with 9A V.S.A.
Article 9 of Title 9A; or
(3)
foreclosure of a mortgage in compliance with 12 V.S.A. subchapter
6 of chapter 163 or subchapter 1 of chapter 172 of Title 12.
* * *
Sec. 4.
12 V.S.A. § 2794 is amended to read:
§ 2794.
EXECUTION UPON REAL ESTATE; HOMESTEAD A PART
- 3462 -
When an execution is levied upon real estate of which the debtor’s
homestead is a part or upon that part of a homestead in excess of $75,000.00
$125,000.00 in value, the location and boundaries of the homestead shall be
ascertained before the sale and set out in the manner provided for the levy of
execution upon real estate whereof a homestead forms a part.
Sec. 5.
18 V.S.A. § 4474(b) is amended to read:
(b)
Prior to acting on an application, the department Department shall
obtain from the Vermont criminal information center Crime Information
Center a Vermont criminal record, an out-of-state criminal record, and a
criminal record from the Federal Bureau of Investigation for the applicant.
For
purposes of this subdivision As used in this subsection, “criminal record”
means a record of whether the person has ever been convicted of a drug-related
crime.
Each applicant shall consent to release of criminal records to the
department Department on forms substantially similar to the release forms
developed
by
the center
pursuant
to
20
V.S.A.
§ 2056c Center.
The
department Department shall comply with all laws regulating the release of
criminal history records and the protection of individual privacy.
The Vermont
criminal information center Crime Information Center shall send to the
requester any record received pursuant to this section or inform the department
of public safety Department of Public Safety that no record exists.
If the
department
Department
disapproves
an
application,
the
department
Department shall promptly provide a copy of any record of convictions and
pending criminal charges to the applicant and shall inform the applicant of the
right to appeal the accuracy and completeness of the record pursuant to rules
adopted by the Vermont criminal information center Crime Information
Center.
No person shall confirm the existence or nonexistence of criminal
record information to any person who would not be eligible to receive the
information pursuant to this subchapter.
Sec. 6.
18 V.S.A. § 4474g(b) is amended to read:
(b)
Prior to acting on an application for a registry identification card, the
department of public safety Department of Public Safety shall obtain with
respect to the applicant a Vermont criminal history record, an out-of-state
criminal history record, and a criminal history record from the Federal Bureau
of Investigation.
Each applicant shall consent to the release of criminal history
records to the department Department on forms substantially similar to the
release forms developed in accordance with 20 V.S.A. § 2056c by the Vermont
Crime Information Center.
Sec. 7.
20 V.S.A. § 2056e(a) is amended to read:
(a)
The department of buildings and general services Department of
- 3463 -
Buildings and General Services shall obtain from the Vermont criminal
information center Crime Information Center a Vermont criminal record, an
out-of-state
criminal
record,
and
a
record from
the
Federal
Bureau
of
Investigation for any applicant for a state State security personnel position who
has given written authorization, on a release form prescribed under section
2056c of this chapter by the Center, pursuant to the provisions of this
subchapter and the user’s agreement filed by the commissioner of buildings
and general services Commissioner of Buildings and General Services with the
center Center.
The user’s agreement shall require the department Department
to comply with all federal and state State statutes, rules, regulations, and
policies regulating the release of criminal history records and the protection of
individual privacy.
The user’s agreement shall be signed and kept current by
the commissioner Commissioner.
Release of interstate and Federal Bureau of
Investigation criminal history records is subject to the rules and regulations of
the Federal Bureau of Investigation’s National Crime Information Center.
Sec. 8.
20 V.S.A. § 2056h is amended to read:
§ 2056h.
DISSEMINATION OF CRIMINAL HISTORY RECORDS TO THE
DEPARTMENT OF FINANCIAL REGULATION
(a)
The Department of Financial Regulation shall obtain from the Vermont
Criminal Crime Information Center a Vermont criminal record, an out-of-state
criminal record, and a record from the Federal Bureau of Investigation (FBI)
for any applicant for a banking division examiner position who has given
written authorization, on a release form prescribed under section 2056c of this
chapter by the Center, pursuant to the provisions of this subchapter and the
user’s agreement filed by the Commissioner of Financial Regulation with the
center Center.
The user’s agreement shall require the Department to comply
with all federal and State statutes, rules, regulations, and policies regulating the
release of criminal history records, and the protection of individual privacy.
The user’s agreement shall be signed and kept current by the Commissioner.
Release of interstate and F.B.I. FBI criminal history records is subject to the
rules and regulations of the F.B.I.’s FBI’s National Crime Information Center.
* * *
Sec. 9.
27 V.S.A. § 145 is amended to read:
§ 145.
EFFECT OF SPOUSE JOINING IN MORTGAGE
If the homestead or lands included therein are mortgaged by the joint deed
of husband and wife, the joining of the wife or husband in the mortgage shall
have no other effect than to bar her or his claim to the homestead as against the
mortgage.
If the mortgage includes lands other than the homestead, and the
owner thereof dies, the other lands shall be first sold by the executor or
- 3464 -
administrator and applied on the mortgage and the residue only shall rest on
the homestead.
When the probate division of the superior court Probate
Division of the Superior Court orders the whole to be sold, the balance of the
proceeds after the payment of the mortgage, not exceeding $75,000.00
$125,000.00 shall be under the control of the court Court as in case of the sale
of a homestead under this chapter.
Sec. 10.
27 V.S.A. § 182 is amended to read:
§ 182.
APPLICATION TO SUPERIOR COURT FOR RELIEF
When a dwelling house, outbuildings, and lands in which a homestead right
exists, exceed in value $75,000.00, $125,000.00 and a severance of the
homestead would greatly depreciate the value of the residue of the premises or
be of great inconvenience to the parties interested either in the residue or in the
homestead, either party may apply for relief to the superior court Superior
Court by a complaint setting forth the facts.
Sec. 11.
27 V.S.A. § 183 is amended to read:
§ 183.
TRANSFER OR SALE IN LIEU OF SEVERANCE
When it appears upon hearing that such homestead cannot be occupied in
severalty without great inconvenience to the parties interested therein or in
such residue, the court Court may order such homestead to be transferred to
such other parties and the payment of $75,000.00 $125,000.00 to the owner
thereof, or, at the option of the owner, such court the Court may order the
parties to transfer such residue to him or her and order him or her thereupon to
pay such other parties the value thereof to be fixed by the court Court.
If the
case requires, the court Court may order a sale of the whole premises and
apportion the proceeds between the parties, and the court Court may make such
orders in the premises as are equitable.
If such homestead is sold, the court
Court may control the investment of the proceeds of the sale in a new
homestead or make such disposition thereof as equity requires.
Sec. 12.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 9-0-2 )
(For text see Senate Journal March 11, 2014 )
- 3465 -
Senate Proposal of Amendment
H. 413
An act relating to the Uniform Collateral Consequences of Conviction Act
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, in subsection 8013(d), by striking out in its entirety the
sentence “The Court shall maintain a public record of the issuance and
modification of orders of limited relief and certificates of restoration of rights.”
Second:
In Sec. 1, by striking out section 8012 in its entirety and inserting
in lieu thereof a new section 8012 to read:
§ 8012.
DISCRETIONARY DISQUALIFICATIONS AND MANDATORY
SANCTIONS NOT SUBJECT TO ORDER OF LIMITED RELIEF
OR CERTIFICATE OF RESTORATION OF RIGHTS
(a)
An order of limited relief or certificate of restoration of rights may not
be issued to relieve the following mandatory sanctions:
(1)
requirements imposed by chapter 167, subchapter 3 of this title (sex
offender registration; law enforcement notification);
(2)
a motor vehicle license suspension, revocation, limitation, or
ineligibility pursuant to Title 23 for which restoration or relief is available; or
(3)
ineligibility for employment by law enforcement agencies, including
the Office of the Attorney General, State’s Attorney, police departments,
sheriff’s departments, State Police, or the Department of Corrections.
(b)
An order of limited relief or certificate of restoration of rights may not
be issued to relieve a discretionary disqualification or mandatory sanction
imposed due to:
(1)
a conviction of a listed crime as defined in section 5301 of this title;
or
(2) a conviction of trafficking of regulated drugs pursuant to 18 VSA
chapter 84.
Third:
By striking out Sec. 2 in its entirety and inserting in lieu thereof the
following Secs. 2-3:
Sec. 2.
2009 Acts and Resolves No. 58, Sec. 14, as amended by 2010 Acts and
Resolves No. 66, Sec. 3, is further amended to read:
Sec. 14.
13 V.S.A. § 5411a is amended to read:
§ 5411a.
ELECTRONIC POSTING OF THE SEX OFFENDER REGISTRY
- 3466 -
* * *
(b)
The department Department shall electronically post the following
information on regarding sex offenders designated in subsection (a) of this
section:
(1)
the offender’s name and any known aliases;
(2)
the offender’s date of birth;
(3)
a general physical description of the offender;
(4)
a digital photograph of the offender;
(5)
the offender’s town of residence;
(6)
the date and nature of the offender’s conviction;
(7)
except as provided in subsection (l) of this section, the offender’s
address or, if the offender does not have a fixed address, other information
about where the offender habitually lives, if:
(A)
the offender has been designated as high risk by the Department
of Corrections pursuant to section 5411b of this title;
(B)
the offender has not complied with sex offender treatment;
(C)
there is an outstanding warrant for the offender’s arrest;
(D)
the offender is subject to the Registry for a conviction of a sex
offense against a child under 13 years of age; or
(E)
the offender’s name has been electronically posted for an offense
committed in another jurisdiction which required the person’s address to be
electronically posted in that jurisdiction;
(8)
if the offender is under the supervision of the Department of
Corrections, the name and telephone number of the local Department of
Corrections office in charge of monitoring the sex offender;
(8)(9)
whether the offender complied with treatment recommended by
the Department of Corrections;
(9)(10)
a statement that there is an outstanding warrant for the
offender’s arrest, if applicable;
(10)(11)
the reason for which the offender information is accessible
under this section;
(11)(12)
whether the offender has been designated high-risk high risk by
the Department of Corrections pursuant to section 5411b of this title; and
(12)(13)
if the offender has not been subject to a risk assessment, a
- 3467 -
statement that the offender has not been so assessed and that such a person is
presumed to be high risk, provided that the Department of Corrections shall
permit a person subject to this subdivision to obtain a risk assessment at the
person’s own expense.
* * *
(d)
An offender’s street address shall not be posted electronically.
The
identity of a victim of an offense that requires registration shall not be released.
* * *
Sec. 3.
EFFECTIVE DATES
This
act
shall
take
effect
on
passage
except
for
Sec.
1
(collateral
consequences of conviction) which shall take effect on July 1, 2015.
(For text see House Journal March 14, 2014 )
H. 501
An act relating to operating a motor vehicle under the influence of alcohol or
drugs
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
INTENT
It is the intent of the General Assembly that 23 V.S.A. § 1201(a)(3) as
amended by this act be construed in the same manner that the Vermont
Supreme Court has construed 23 V.S.A. § 1201(a)(2).
In cases such as
State v.
Schmitt
, 150 Vt. 503, 508 (1988) and
State v. Storrs
, 105 Vt. 180, 185 (1933),
the Court has said that “under the influence of intoxicating liquor” means that a
person’s full mental or physical abilities are diminished, impaired, or affected
in the slightest degree by intoxicating liquor.
It is the intent of the General
Assembly that the words “under the influence of any other drug or under the
combined influence of alcohol and any other drug” in 23 V.S.A. § 1201(a)(3)
be interpreted in the same manner.
Sec. 2.
23 V.S.A. § 1201 is amended to read:
§
1201.
OPERATING
VEHICLE
UNDER
THE
INFLUENCE
OF
INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL
REFUSAL; ENHANCED PENALTY FOR BAC OF 0.16 OR MORE
(a)
A person shall not operate, attempt to operate, or be in actual physical
control of any vehicle on a highway:
(1)
when the person’s alcohol concentration is 0.08 or more, or 0.02 or
more if the person is operating a school bus as defined in subdivision 4(34) of
this title; or
- 3468 -
(2)
when the person is under the influence of intoxicating liquor; or
(3)
when the person is under the influence of any other drug or under the
combined influence of alcohol and any other drug to a degree which renders
the person incapable of driving safely; or
(4)
when the person’s alcohol concentration is 0.04 or more if the person
is operating a commercial motor vehicle as defined in subdivision 4103(4) of
this title.
* * *
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal March 12, 2014 )
H. 552
An act relating to raising the Vermont minimum wage
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
21 V.S.A. § 384 is amended to read:
§ 384.
EMPLOYMENT; WAGES
(a)
An employer shall not employ an any employee at a rate of less than
$7.25, $9.15.
Beginning January 1, 2016, an employer shall not employ any
employee at a rate of less than $9.60.
Beginning January 1, 2017, an employer
shall not employ any employee at a rate of less than $10.00.
Beginning
January 1, 2018, an employer shall not employ any employee at a rate of less
than $10.50, and, beginning January 1, 2007, 2019 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, but in no event shall the minimum
wage be decreased.
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, 2008, and on each January 1
thereafter, this basic tip wage rate shall be increased at the same percentage
rate as the minimum wage rate one-half the minimum wage.
For the purposes
of As used in 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 $120.00 per month in tips for direct and personal
customer service.
If the minimum wage rate established by the United States
- 3469 -
U.S. 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 U.S. government.
* * *
Sec. 2.
10 V.S.A. § 531 is amended to read:
§ 531.
EMPLOYMENT TRAINING PROGRAM
* * *
(c)
The employer promises as a condition of the grant to:
(1)
employ new persons at a wage which, at the completion of the
training program, is two times the prevailing state or federal minimum wage,
whichever is greater, reduced by the value of any existing health benefit
package up to a limit of 30 percent of the gross program wage, or for existing
employees, to increase the wage to two times the prevailing state and federal
minimum wage, whichever is greater, reduced by the value of any existing
health benefit package up to a limit of 20 percent of the gross program wage,
upon completion of training; provided, however, that in areas defined by the
Secretary of Commerce and Community Development in which the Secretary
finds that the rate of unemployment is 50 percent greater than the average for
the State, the wage rate under this subsection may be set by the Secretary at a
rate no less than one and one-half times the federal or state minimum wage,
whichever is greater equals or exceeds the livable wage as defined in 2 V.S.A.
* * *
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
(For text see House Journal April 8, 9, 2014 )
H. 555
An act relating to the commitment of a criminal defendant who is incompetent
to stand trial because of a traumatic brain injury
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
13 V.S.A. § 4801 is amended to read:
§ 4801.
TEST OF INSANITY IN CRIMINAL CASES
(a)
The test when used as a defense in criminal cases shall be as follows:
(1)
A person is not responsible for criminal conduct if at the time of
such conduct, as a result of mental disease or defect illness, developmental
disability, or traumatic brain injury, he or she lacks adequate capacity either to
- 3470 -
appreciate the criminality of his or her conduct or to conform his or her
conduct to the requirements of law.
(2)
The terms “mental disease or defect” “mental illness, developmental
disability, or traumatic brain injury” do not include an abnormality manifested
only by repeated criminal or otherwise anti-social conduct.
The terms “mental
disease or defect” shall include congenital and traumatic mental conditions as
well as disease.
(b)
The defendant shall have the burden of proof in establishing insanity as
an affirmative defense by a preponderance of the evidence.
Sec. 2.
13 V.S.A. § 4814 is amended to read:
§ 4814.
ORDER FOR EXAMINATION
(a)
Any court before which a criminal prosecution is pending may order the
department of mental health Department of Mental Health to have the
defendant examined by a psychiatrist at any time before, during or after trial,
and before final judgment in any of the following cases:
(1)
When when the defendant enters a plea of not guilty, or when such a
plea is entered in the defendant’s behalf, and then gives notice of the
defendant’s intention to rely upon the defense of insanity at the time of the
alleged crime, or to introduce expert testimony relating to a mental disease,
defect, mental illness, developmental disability, traumatic brain injury or other
condition bearing upon the issue of whether he or she had the mental state
required for the offense charged;
(2)
When when the defendant, the state State, or an attorney, guardian,
or other person acting on behalf of the defendant, raises before such the court
Court the issue of whether the defendant is mentally competent to stand trial
for the alleged offense;
(3)
When when the court Court believes that there is doubt as to the
defendant’s sanity at the time of the alleged offense; or
(4)
When when the court Court believes that there is doubt as to the
defendant’s mental competency to be tried for the alleged offense.
(b)
Such An order under this section may be issued by the court Court on
its own motion, or on motion of the state State, the defendant, or an attorney,
guardian, or other person acting on behalf of the defendant.
Sec. 3.
13 V.S.A. § 4815 is amended to read:
§ 4815.
PLACE OF EXAMINATION; TEMPORARY COMMITMENT
(a)
It is the purpose of this section to provide a mechanism by which a
- 3471 -
defendant is examined in the least restrictive environment deemed sufficient to
complete the examination and prevent unnecessary pre-trial detention and
substantial threat of physical violence to any person, including a defendant.
(b)
The order for examination may provide for an examination at any jail or
correctional center, or at the State Vermont Psychiatric Care Hospital or a
designated hospital, or at its successor in interest, or at such other place as the
Court shall determine, after hearing a recommendation by the Commissioner
of Mental Health.
(c)
A motion for examination shall be made as soon as practicable after a
party or the Court has good faith reason to believe that there are grounds for an
examination.
An attorney making such a motion shall be subject to the
potential sanctions of Rule 11 of the Vermont Rules of Civil Procedure.
(d)
Upon the making of a motion for examination, the Court shall order a
mental health screening to be completed by a designated mental health
professional while the defendant is still at the Court.
(e)
If the screening cannot be commenced and completed at the courthouse
within two hours from the time of the defendant’s appearance before the Court,
the Court may forego forgo consideration of the screener’s recommendations.
(f)
The Court and parties shall review the recommendation of the
designated mental health professional and consider the facts and circumstances
surrounding the charge and observations of the defendant in court.
If the Court
finds sufficient facts to order an examination, it may be ordered to be
completed in the least restrictive environment deemed sufficient to complete
the examination, consistent with subsection (a) of this section.
(g)(1)
Inpatient examination at the Vermont State Psychiatric Care
Hospital, or its successor in interest, or a designated hospital.
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, the court Court shall
determine what terms, if any, shall govern the defendant’s release from
custody under sections 7553-7554 of this title.
(3)
An order for inpatient examination shall provide for placement of the
defendant in the custody and care of the commissioner of mental health
Commissioner of Mental Health.
(A)
If a Vermont State Psychiatric Care Hospital psychiatrist, or a
psychiatrist of its successor in interest, or a designated hospital psychiatrist
determines prior to admission that the defendant is not in need of inpatient
- 3472 -
hospitalization prior to
admission,
the
Commissioner
shall
release
the
defendant pursuant to the terms governing the defendant’s release from the
Commissioner’s custody as ordered by the Court.
The Commissioner of
Mental Health shall ensure that all individuals who are determined not to be in
need of inpatient hospitalization receive appropriate referrals for outpatient
mental health services.
(B)
If a Vermont State Psychiatric Care Hospital psychiatrist, or a
psychiatrist of its successor in interest, or designated hospital psychiatrist
determines that the defendant is in need of inpatient hospitalization:
(i)
The Commissioner shall obtain an appropriate inpatient
placement for the defendant at the Vermont State Psychiatric Care Hospital
psychiatrist, or a psychiatrist of its successor in interest, or a designated
hospital and, based on the defendant’s clinical needs, may transfer the
defendant between hospitals at any time while the order is in effect.
A transfer
to a designated hospital outside the no refusal system is subject to acceptance
of the patient for admission by that hospital.
(ii)
The defendant shall be returned to court for further appearance
on the following business day if the defendant is no longer in need of inpatient
hospitalization, unless the terms established by the court Court pursuant to
subdivision (2) of this section permit the defendant to be released from
custody.
(C)
The defendant shall be returned to court for further appearance
within two business days after the Commissioner notifies the court Court that
the examination has been completed, unless the terms established by the Court
pursuant to subdivision (2) of this section permit the defendant to be released
from custody.
(4)
If the defendant is to be released pursuant to subdivision (3)(A),
(3)(B)(ii), or (3)(C) of this subsection and is not in the custody of the
Commissioner
of
Corrections,
the
defendant
shall
be
returned
to
the
defendant’s residence or such other to another appropriate place within the
State of Vermont by the Department of Mental Health at the expense of the
court Court.
(5)
If it appears that an inpatient examination cannot reasonably be
completed within 30 days, the Court issuing the original order, on request of
the commissioner Commissioner and upon good cause shown, may order
placement at the 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)
For the purposes of As used in this subsection, “in need of inpatient
- 3473 -
hospitalization” means an individual has been determined under clinical
standards of care to require inpatient treatment.
(h)
Except upon good cause shown, defendants charged with misdemeanor
offenses who are not in the custody of the Commissioner of Corrections shall
be examined on an outpatient basis for mental competency. Examinations
occurring in the community shall be conducted at a location within 60 miles of
the defendant’s residence or at another location agreed to by the defendant.
(i)
As used in this section:
(1)
“No, “no refusal system” means a system of hospitals and intensive
residential recovery facilities under contract with the Department of Mental
Health that provides high intensity services, in which the facilities shall admit
any individual for care if the individual meets the eligibility criteria established
by the Commissioner in contract.
(2)
“Successor in interest” shall mean the mental health hospital owned
and operated by the State that provides acute inpatient care and replaces the
Vermont State Hospital.
Sec. 4.
13 V.S.A. § 4816 is amended to read:
§ 4816.
SCOPE OF EXAMINATION; REPORT; EVIDENCE
(a)
Examinations
provided
for
in
the
preceding
section
shall
have
reference to:
(1)
Mental mental competency of the person examined to stand trial for
the alleged offense; and
(2)
Sanity sanity of the person examined at the time of the alleged
offense.
(b)
A
competency
evaluation
for
an
individual
thought
to
have
a
developmental disability or traumatic brain injury shall include a current
evaluation by a psychologist or other appropriate medical professional skilled
in assessing individuals with developmental disabilities those conditions.
(c)
As soon as practicable after the examination has been completed, the
examining psychiatrist or psychologist, if applicable, shall prepare a report
containing findings in regard to each of the matters listed in subsection (a) of
this section.
The report shall be transmitted to the Court issuing the order for
examination, and copies of the report shall be sent to the state’s attorney
State’s Attorney, and to the respondent’s attorney if the respondent is
represented by counsel.
(d)
No statement made in the course of the examination by the person
examined, whether or not he or she has consented to the examination, shall be
- 3474 -
admitted as evidence in any criminal proceeding for the purpose of proving the
commission of a criminal offense or for the purpose of impeaching testimony
of the person examined.
(e)
The relevant portion of a psychiatrist’s report shall be admitted into
evidence as an exhibit on the issue of the person’s mental competency to stand
trial, and the opinion therein shall be conclusive on the issue if agreed to by the
parties and if found by the Court to be relevant and probative on the issue.
(f)
Introduction of a report under subsection (d) of this section shall not
preclude either party or the Court from calling the psychiatrist who wrote the
report as a witness or from calling witnesses or introducing other relevant
evidence.
Any witness called by either party on the issue of the defendant’s
competency shall be at the state’s State’s expense, or, if called by the Court, at
the Court’s expense.
Sec. 5.
13 V.S.A. § 4817 is amended to read:
§ 4817.
COMPETENCY TO STAND TRIAL; DETERMINATION
(a)
A person shall not be tried for a criminal offense if he or she is
incompetent to stand trial.
(b)
If a person indicted, complained, or informed against for an alleged
criminal offense, an attorney or guardian acting in his or her behalf, or the state
State, at any time before final judgment, raises before the court before which
such the person is tried or is to be tried, the issue of whether such the person is
incompetent to stand trial, or if the court Court has reason to believe that such
the person may not be competent to stand trial, a hearing shall be held before
such the court Court at which evidence shall be received and a finding made
regarding his or her competency to stand trial.
However, in cases where the
court Court has reason to believe that such the person may be incompetent to
stand trial due to a mental disease or mental defect, such illness, developmental
disability, or traumatic brain injury, the hearing shall not be held until an
examination
has
been
made
and
a
report
submitted
by
an
examining
psychiatrist in accordance with sections 4814-4816 of this title.
(c)
A person who has been found incompetent to stand trial for an alleged
offense may be tried for that offense if, upon subsequent hearing, such the
person is found by the court having jurisdiction of his or her trial for the
offense to have become competent to stand trial.
Sec. 6.
13 V.S.A. § 4819 is amended to read:
§ 4819.
ACQUITTAL BY REASON OF INSANITY
When a person tried on information, complaint, or indictment is acquitted
by a jury by reason of insanity at the time of the alleged offense, the jury shall
- 3475 -
state in its verdict of not guilty that the same is given for such cause acquittal is
for that reason.
Sec. 7.
13 V.S.A. § 4820 is amended to read:
§ 4820.
HEARING REGARDING COMMITMENT
When a person charged on information, complaint, or indictment with a
criminal offense:
(1)
Is reported by the examining psychiatrist following examination
pursuant to sections 4814-4816 of this title, to have been insane at the time of
the alleged offense; or
(2)
Is found upon hearing pursuant to section 4817 of this title to be
incompetent to stand trial due to a mental disease or mental defect; or
(3)
Is not indicted upon hearing by grand jury by reason of insanity at
the time of the alleged offense, duly certified to the court; or
(4)
Upon trial by court or jury is acquitted by reason of insanity at the
time of the alleged offense; the court before which such person is tried or is to
be tried for such offense, shall hold a hearing for the purpose of determining
whether such person should be committed to the custody of the commissioner
of mental health.
(a)
The court before which a person is tried or is to be tried for a
criminal offense shall hold a hearing for the purpose of determining whether
the person should be committed to the custody of the Commissioner of Mental
Health or, as provided in 18 V.S.A.
chapter 206, to the Commissioner of
Disabilities, Aging, and Independent Living, if the person is charged on
information, complaint, or indictment with the offense and:
(1)
is reported by the examining psychiatrist following examination
pursuant to sections 4814-4816 of this title to have been insane at the time of
the alleged offense;
(2)
is found upon hearing pursuant to section 4817 of this title to be
incompetent to stand trial due to a mental illness, intellectual disability, or
traumatic brain injury;
(3)
is not indicted upon hearing by grand jury by reason of insanity at
the time of the alleged offense, duly certified to the Court; or
(4)
upon trial by court or jury is acquitted by reason of insanity at the
time of the alleged offense.
(b)
Such A person subject to a hearing under subsection (a) of this section
may be confined in jail or some other suitable place by order of the court Court
- 3476 -
pending hearing for a period not exceeding 15 days.
Sec. 8.
13 V.S.A. § 4821 is amended to read:
§ 4821.
NOTICE OF HEARING; PROCEDURES
The person who is the subject of the proceedings, his or her attorney, the
legal guardian, if any, the commissioner of mental health or the commissioner
of
disabilities,
aging,
and
independent
living,
and
the
state’s
attorney
Commissioner of Mental Health or the Commissioner of Disabilities, Aging,
and Independent Living, and the State’s Attorney or other prosecuting officer
representing the state State in the case, shall be given notice of the time and
place of a hearing under the preceding section.
Procedures for hearings for
persons who are mentally ill shall be as provided in 18 V.S.A. chapter 181 of
Title 18.
Procedures for hearings for persons who are mentally retarded
intellectually disabled or have a traumatic brain injury shall be as provided in
18 V.S.A. chapter 206, subchapter 3 of chapter 206 of Title 18.
Sec. 9.
13 V.S.A. § 4822 is amended to read:
§ 4822.
FINDINGS AND ORDER; MENTALLY ILL PERSONS
(a)
If the Court finds that such the person is a person in need of treatment
or a patient in need of further treatment as defined in 18 V.S.A. § 7101, the
court Court shall issue an order of commitment directed to the Commissioner
of Mental Health, which shall admit the person to the care and custody of the
Department of Mental Health for an indeterminate period.
In any case
involving personal injury or threat of personal injury, the committing Court
may issue an order requiring a court hearing before a person committed under
this section may be discharged from custody.
(b)
Such The order of commitment shall have the same force and effect as
an order issued under 18 V.S.A. §§ 7611-7622, and persons committed under
such an order shall have the same status, and the same rights, including the
right to receive care and treatment, to be examined and discharged, and to
apply for and obtain judicial review of their cases, as persons ordered
committed under 18 V.S.A. §§ 7611-7622.
(c)
Notwithstanding the provisions of subsection (b) of this section, at least
10 days prior to the proposed discharge of any person committed under this
section the Commissioner of Mental Health shall give notice thereof to the
committing Court and state’s attorney State’s Attorney of the county where the
prosecution originated.
In all cases requiring a hearing prior to discharge of a
person found incompetent to stand trial under section 4817 of this title, the
hearing shall be conducted by the committing Court issuing the order under
that section. In all other cases, when the committing Court orders a hearing
- 3477 -
under subsection (a) of this section or when, in the discretion of the
Commissioner of Mental Health, a hearing should be held prior to the
discharge, the hearing shall be held in the Family Division of the Superior
Court to determine if the committed person is no longer a person in need of
treatment or a patient in need of further treatment as set forth in subsection (a)
of this section.
Notice of the hearing shall be given to the Commissioner, the
state’s
attorney State’s
Attorney of
the
county
where
the
prosecution
originated, the committed person, and the person’s attorney.
Prior to the
hearing, the state’s attorney State’s Attorney may enter an appearance in the
proceedings and may request examination of the patient by an independent
psychiatrist, who may testify at the hearing.
(d)
The Court may continue the hearing provided in subsection (c) of this
section for a period of 15 additional days upon a showing of good cause.
(e)
If the court Court determines that commitment shall no longer be
necessary, it shall issue an order discharging the patient from the custody of
the department of developmental and mental health services Department of
Mental Health.
(f)
The Court shall issue its findings and order not later than 15 days from
the date of hearing.
Sec. 10.
13 V.S.A. § 4823 is amended to read:
§ 4823.
FINDINGS AND ORDER; PERSONS WITH MENTAL
RETARDATION INTELLECTUAL DISABILITY OR
TRAUMATIC BRAIN INJURY
(a)
If the court Court finds that such the person is a person in need of
custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court Court
shall
issue
an
order
of
commitment
directed
to
the
Commissioner
of
Disabilities, Aging, and Independent Living for care and habilitation of such
person for an indefinite or limited period in a designated program.
(b)
Such The order of commitment shall have the same force and effect as
an order issued under 18 V.S.A. § 8843 and persons committed under such an
the order shall have the same status, and the same rights, including the right to
receive care and habilitation, to be examined and discharged, and to apply for
and obtain judicial review of their cases, as persons ordered committed under
(c)
Section 4822 of this title shall apply to persons proposed for discharge
under this section; however, judicial proceedings shall be conducted in the
Criminal Division of the Superior Court in which the person then resides,
unless the person resides out of state in which case the proceedings shall be
- 3478 -
conducted in the original committing Court.
Sec. 11.
18 V.S.A. § 8839 is amended to read:
§ 8839.
DEFINITIONS
As used in this subchapter:
* * *
(3)
“Person in need of custody, care, and habilitation” means:
(A)
a mentally retarded person with an intellectual disability or a
person with a traumatic brain injury;
(B)
who presents a danger of harm to others; and
(C)
for whom appropriate custody, care, and habilitation can be
provided by the commissioner Commissioner in a designated program.
Sec. 12.
CONSTRUCTION
This act’s replacement of the terms “mental disease or mental defect” with
the
terms
“mental
illness,”
“intellectual
disability,”
or
“developmental
disability” in 13 V.S.A. chapter 157 shall not be construed to alter the
substance or effect of existing law or judicial precedent.
These changes in
terminology are merely meant to reflect evolving attitudes toward persons with
disabilities.
Sec. 13.
REPORTS
(a)
On or before September 1, 2014 the Court Administrator shall report to
the House and Senate Committees on Judiciary the House Committee on
Human Services, and the Senate Committee on Health and Welfare on the
number of cases from July 1, 2011 through June 30, 2013 in which the Court
ordered the Department of Mental Health to examine a defendant pursuant to
13 V.S.A. § 4814 to determine if he or she was insane at the time of the
offense or is incompetent to stand trial.
The report shall include a breakdown
indicating how many orders were based on mental illness, developmental
disability, and traumatic brain injury, and shall include the number of persons
who were found to be in need of custody, care, and habilitation under
A copy of the report shall be provided to the Department of
Disabilities, Aging, and Independent Living.
(b)(1)
On or before September 1, 2014, the Department of Sheriffs and
State’s Attorneys shall report to the House and Senate Committees on
Judiciary regarding the charging practices of State’s Attorneys for persons with
traumatic brain injury.
(2)
The report shall describe the number of cases from July 1, 2011
through June 30, 2013, broken down by the type of criminal charge, in which a
- 3479 -
person with traumatic brain injury was:
(A)
charged with a criminal offense, including the disposition of the
offense;
(B)
charged with a criminal offense and the charges were dismissed
because the person was suffering from a traumatic brain injury; and
(C)
arrested for, or otherwise believed to be responsible for, a crime
and criminal charges were not brought because the person was suffering from a
traumatic brain injury.
(3)
A copy of the report shall be provided to the Department of
Disabilities, Aging, and Independent Living.
(c)
On or before October 1, 2014 and on or before February 1, 2015, the
Department of Disabilities, Aging, and Independent Living shall report to the
House and Senate Committees on Judiciary, the House Committee on Human
Services, and the Senate Committee on Health and Welfare on the status of the
Department’s progress toward implementation of this act.
The status reports
shall include updates on the Department’s progress in evaluating best practices
for treatment of persons with traumatic brain injuries who are unable to
conform their behavior to the requirements of the law, and in identifying
appropriate programs and services to provide treatment to enable those persons
to be fully reintegrated into the community consistent with public safety.
The
status reports shall also include updates on the Department’s progress on the
design of the programs and services needed to treat persons with traumatic
brain injuries who have been found not guilty by reason of insanity or
incompetent to stand trial as required by this act.
Sec. 14.
IMPLEMENTATION
(a)
On or before April 30, 2015, the Department of Disabilities, Aging, and
Independent Living shall request approval and funding from the Senate and
House Committees on Judiciary and on Appropriations for the Department’s
plan to implement this act. The Department shall commence implementation of
the
plan,
including
requesting
that
it
be
included
under
the
Global
Commitment Waiver by the Centers for Medicare and Medicaid Services, if
the plan is approved by a majority vote of the Senate and House Committees
on Judiciary and funded by a majority vote of the Senate and House
Committees on Appropriations.
Sec. 15.
APPROPRIATION
The amount of $50,000.00 is appropriated in fiscal year 2014 from the
Global Commitment Fund to the Department of Disabilities, Aging, and
Independent Living to research and design a program that satisfies this act’s
- 3480 -
requirement that the Department treat persons with traumatic brain injuries
who have been found not guilty by reason of insanity or incompetent to stand
trial.
To the maximum extent possible, the Department shall design the
program to be integrated into the Department’s existing framework of services.
Sec. 16.
EFFECTIVE DATES
(a)
Secs. 1–12 shall take effect on July 1, 2017.
(b)
Secs. 13, 14, 15, and this section shall take effect on passage.
(For text see House Journal March 26, 27, 2014 )
H. 578
An act relating to administering State funds for loans to individuals for
replacement of failed wastewater systems and potable water supplies
The Senate proposes to the House to amend the bill as follows:
In Sec. 1, 24 V.S.A. § 4753, in subsection (b), in the second sentence, after
8 V.S.A. § 30101(3)” by inserting , a credit union, as that term is defined in 8
V.S.A. § 30101(5),.
(For text see House Journal February 5, 2014 )
H. 645
An act relating to workers’ compensation
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
21 V.S.A. § 632 is amended to read:
§
632.
COMPENSATION
TO
DEPENDENTS; DEATH
BENEFITS
BURIAL AND FUNERAL EXPENSES
If death results from the injury, the employer shall pay to the persons
entitled to compensation or, if there is none, then to the personal representative
of the deceased employee, the actual burial and funeral expenses in the amount
of $5,500.00 not to exceed $10,000.00 and the actual expenses for out-of-state
transportation of the decedent to the place of burial not to exceed $1,000.00
$5,000.00.
Every two years, the Commissioner of Labor shall evaluate the
average burial and funeral expenses in the State and make a recommendation
to the House Committee on Commerce and Economic Development and the
Senate Committee on Finance as to whether an adjustment in compensation is
warranted.
The employer shall also pay to or for the benefit of the following
persons, for the periods prescribed in section 635 of this title, a weekly
compensation equal to the following percentages of the deceased employee’s
- 3481 -
average weekly wages.
The weekly compensation payment herein allowed
shall not exceed the maximum weekly compensation or be lower than the
minimum weekly compensation:
* * *
Sec. 2.
21 V.S.A. § 639 is amended to read:
§ 639.
DEATH, PAYMENT TO DEPENDENTS
In cases of the death of a person from any cause other than the accident
during the period of payments for disability or for the permanent injury, the
remaining payments for disability then due or for the permanent injury shall be
made to the person’s dependents according to the provisions of sections 635
and 636 of this title, or if there are none, the remaining amount due, but not
exceeding $5,500.00 for burial and funeral expenses no more than the actual
burial and funeral expenses not to exceed $10,000.00 and the actual expenses
for out-of-state transportation of the decedent to the place of burial not to
exceed $1,000.00 $5,000.00, shall be paid in a lump sum to the proper person.
Every two years, the Commissioner of Labor shall evaluate the average burial
and funeral expenses in the State and make a recommendation to the House
Committee
on
Commerce
and
Economic
Development
and
the Senate
Committee on Finance as to whether an adjustment in compensation is
warranted.
Sec. 3.
21 V.S.A. § 640c is added to read:
§ 640c.
OPIOID USAGE DETERRENCE
(a)
In support of the State’s fundamental interest in ensuring the well-being
of employees and employers, it is the intent of the General Assembly to protect
employees from the dangers of prescription drug abuse while maintaining a
balance between the employee’s health and the employee’s expedient return to
work.
(b)
As it pertains to workers’ compensation claims, the Commissioner of
Labor,
in
consultation
with
the
Department
of
Health,
the
State
Pharmacologist, the Vermont Board of Medical Practice, and the Vermont
Medical Society, shall adopt rules consistent with the best practices governing
the prescription of opioids, including patient screening, drug screening, and
claim adjudication for patients prescribed opioids for chronic pain.
In adopting
rules, the Commissioner shall consider guidelines and standards such as the
Occupational
Medicine Practice
Guidelines
published
by
the
American
College of Occupational and Environmental Medicine and other medical
authorities with expertise in the treatment of chronic pain.
The rules shall be
consistent with the standards and guidelines provided under 18 V.S.A. § 4289
and any rules adopted by the Department of Health pursuant to 18 V.S.A
- 3482 -
§ 4289.
Sec. 4.
21 V.S.A. § 641 is amended to read:
§ 641.
VOCATIONAL REHABILITATION
* * *
(e)(1)
In support of the State’s fundamental interest in ensuring the
well-being of employees and employers, it is the intent of the General
Assembly that, following a workplace accident, an employee returns to work
as soon as possible but remains cognizant of the limitations imposed by his or
her medical condition.
(2)
The Commissioner shall adopt rules promoting development and
implementation of cost-effective, early return-to-work programs.
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 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, the reasons for it,
and, if the employee has been out of work for 90 days, a verification that the
employer offered vocational rehabilitation screening and services as required
under this chapter.
All relevant evidence, including evidence that does not
support discontinuance in the possession of the employer not already filed,
shall be filed with the notice shall be provided to the injured worker.
With the
notice of discontinuance, the employer shall file only evidence relevant to the
discontinuance, including evidence that does not support the discontinuance,
with the Commissioner.
The liability for the payments shall continue for seven
14 days after the notice is received by the commissioner Commissioner and the
employee.
If the claimant disputes the discontinuance, the claimant may file
with the Commissioner an objection to the discontinuance and seek an
extension of the 14-day limit.
The Commissioner may grant an extension up to
21 days.
The request for an extension shall be specific as to the number of
days needed and the reason for the extension and must be received by the
Commissioner prior to the end of the 14-day limit.
A copy of the request for
an extension shall be provided to the employer at the time the request is made
to the Commissioner.
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
- 3483 -
proposed discontinuance.
If, after review of all the evidence in the file, the
Commissioner finds that a preponderance of all the evidence in the file does
not reasonably support the proposed discontinuance, the Commissioner shall
order that payments continue until a hearing is held and a decision is rendered.
Prior to a formal hearing, an injured worker may request reinstatement of
benefits
by
providing
additional
new
evidence
to
the
Department
that
establishes that a preponderance of all evidence now supports the claim.
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 a repayment order in any court of law having jurisdiction.
Sec. 6.
21 V.S.A. § 696 is amended to read:
§ 696.
CANCELLATION OF INSURANCE CONTRACTS
A policy or contract shall not be cancelled within the time limited specified
in the policy or contract for its expiration, until at least 45 days after a notice of
intention to cancel the policy or contract, on a date specified in the notice, has
been filed in the office of the commissioner Commissioner and provided to the
employer.
The notice shall be filed with the Commissioner in accordance with
rules adopted by the Commissioner and provided to the employer by certified
mail or certificate of mailing.
The cancellation shall not affect the liability of
an insurance carrier on account of an injury occurring prior to cancellation.
Sec. 7.
21 V.S.A. § 697 is amended to read:
§ 697.
NOTICE OF INTENT NOT TO RENEW POLICY
An insurance carrier who does not intend to renew a workers’ compensation
insurance policy of workers’ compensation insurance or guarantee contract
covering the liability of an employer under the provisions of this chapter, 45
days prior to the expiration of the policy or contract, shall give notice of the its
intention to the commissioner of labor Commissioner and to the covered
employer at least 45 days prior to the expiration date stated in the policy or
contract.
The notice shall be given to the employer by certified mail or
certificate of mailing.
An insurance carrier who fails to give notice shall
continue the policy or contract in force beyond its expiration date for 45 days
from the day the notice is received by the commissioner Commissioner and the
employer.
However, this latter provision shall not apply if, prior to such
expiration date, on or before the expiration of the existing insurance or
guarantee contract the insurance carrier has, by delivery of a renewal contract
or otherwise, offered to continue the insurance beyond the date by delivery of a
renewal contract or otherwise, or if the employer notifies the insurance carrier
- 3484 -
in writing that the employer does not wish the insurance continued beyond the
expiration date, or if the employer complies with the provisions of section 687
of this title, on or before the expiration of the existing insurance or guarantee
contract then the policy will expire upon notice to the Commissioner.
Sec. 8.
2013 Acts and Resolves No. 75, Sec. 14 is amended as follows:
Sec.
14.
UNIFIED
PAIN
MANAGEMENT
SYSTEM
ADVISORY
COUNCIL
* * *
(b)
The Unified Pain Management System Advisory Council shall consist
of the following members:
* * *
(4)
the Commissioner of Labor or designee;
(5)
the Director of the Blueprint for Health or designee;
(5)(6)
the Chair of the Board of Medical Practice or designee, who shall
be a clinician;
(6)(7)
a representative of the Vermont State Dental Society, who shall
be a dentist;
(7)(8)
a representative of the Vermont Board of Pharmacy, who shall be
a pharmacist;
(8)(9)
a faculty member of the academic detailing program at the
University of Vermont’s College of Medicine;
(9)(10)
a faculty member of the University of Vermont’s College of
Medicine
with
expertise
in
the
treatment
of
addiction
or
chronic
pain
management;
(10)(11)
a representative of the Vermont Medical Society, who shall be
a primary care clinician;
(11)(12)
a
representative
of
the
American
Academy
of
Family
Physicians, Vermont chapter, who shall be a primary care clinician;
(12)(13)
a representative from the Vermont Board of Osteopathic
Physicians, who shall be an osteopath;
(13)(14)
a representative of the Federally Qualified Health Centers, who
shall be a primary care clinician selected by the Bi-State Primary Care
Association;
(14)(15)
a representative of the Vermont Ethics Network;
(15)(16)
a representative of the Hospice and Palliative Care Council of
Vermont;
- 3485 -
(16)(17)
a representative of the Office of the Health Care Ombudsman;
(17)(18)
the Medical Director for the Department of Vermont Health
Access;
(18)(19)
a clinician who works in the emergency department of a
hospital, to be selected by the Vermont Association of Hospitals and Health
Systems in consultation with any nonmember hospitals;
(19)(20)
a member of the Vermont Board of Nursing Subcommittee on
APRN Practice, who shall be an advanced practice registered nurse;
(20)(21)
a representative from the Vermont Assembly of Home Health
and Hospice Agencies;
(21)(22)
a psychologist licensed pursuant to 26 V.S.A. chapter 55 who
has experience in treating chronic pain, to be selected by the Board of
Psychological Examiners;
(22)(23)
a drug and alcohol abuse counselor licensed pursuant to
33 V.S.A. chapter 8, to be selected by the Deputy Commissioner of Health for
Alcohol and Drug Abuse Programs;
(23)(24)
a retail pharmacist, to be selected by the Vermont Pharmacists
Association;
(24)(25)
an advanced practice registered nurse full-time faculty member
from the University of Vermont’s Department of Nursing; and
(25)(26)
a consumer representative who is either a consumer in recovery
from prescription drug abuse or a consumer receiving medical treatment for
chronic noncancer-related pain.;
(27)
a clinician who specializes in occupational medicine;
(28)
a clinician who specializes in physical medicine and rehabilitation;
and
(29)
a consumer representative who is or has been an injured worker and
has been prescribed opioids.
* * *
Sec. 9.
21 V.S.A. § 678 is amended to read:
§ 678.
COSTS; ATTORNEY FEES
(a)
Necessary costs of proceedings under this chapter, including deposition
expenses, subpoena fees, and expert witness fees, shall be assessed by the
commissioner
Commissioner
against
the
employer
or
its
workers’
compensation
carrier
when
the
claimant
prevails.
The commissioner
Commissioner may
allow
the
claimant
to
recover
reasonable attorney
- 3486 -
attorney’s fees when the claimant prevails.
Costs shall not be taxed or allowed
either party except as provided in this section.
(b)
In appeals to the superior or supreme courts Superior or Supreme Court,
if the claimant prevails, he or she shall be entitled to reasonable attorney
attorney’s fees as approved by the court Court, necessary costs, including
deposition expenses, subpoena fees, and expert witness fees, and interest at the
rate of 12 percent per annum on that portion of any award the payment of
which is contested.
Interest shall be computed from the date of the award of
the commissioner Commissioner.
* * *
Sec. 10.
21 V.S.A. § 655 is amended to read:
§ 655.
PROCEDURE
IN
OBTAINING
COMPENSATION;
MEDICAL
EXAMINATION; VIDEO AND AUDIO RECORDING
After an injury and during the period of disability, if so requested by his or
her employer, or ordered by the Commissioner, the employee shall submit to
examination, at reasonable times and places within a 50-mile radius of the
residence of the injured employee, by a duly licensed physician or surgeon
designated and paid by the employer.
The Commissioner may in his or her
discretion permit an examination outside the 50-mile radius if it is necessary to
obtain the services of a provider who specializes in the evaluation and
treatment specific to the nature and extent of the employee’s injury.
The
employee may make a video or audio recording of any examination performed
by the insurer’s physician or surgeon or have a licensed health care provider
designated and paid by the employee present at the examination.
The
employer may make an audio recording of the examination.
The right of the
employee to record the examination shall not be construed to deny to the
employer’s physician the right to visit the injured employee at all reasonable
times and under all reasonable conditions during total disability.
If an
employee refuses to submit to or in any way obstructs the examination, the
employee’s right to prosecute any proceeding under the provisions of this
chapter shall be suspended until the refusal or obstruction ceases, and
compensation shall not be payable for the period which the refusal or
obstruction continues.
Sec. 11.
21 V.S.A. § 624 is amended to read:
§ 624.
DUAL LIABILITY; CLAIMS, SETTLEMENT PROCEDURE
* * *
(e)(1)
In an action to enforce the liability of a third party, the injured
employee may recover any amount which the employee or the employee’s
personal representative would be entitled to recover in a civil action.
Any
- 3487 -
recovery against the third party for damages resulting from personal injuries or
death only, after deducting expenses of recovery, shall first reimburse the
employer or its workers’ compensation insurance carrier for any amounts paid
or payable under this chapter to date of recovery, and the balance shall
forthwith be paid to the employee or the employee’s dependents or personal
representative and shall be treated as an advance payment by the employer on
account of any future payment of compensation benefits.
Reimbursement
required under this subsection, except to prevent double recovery, shall not
reduce the employee’s recovery of any benefit or payment provided by a plan
or policy that was privately purchased by the injured employee, including
uninsured-under insured motorist coverage, or any other first party insurance
payments or benefits.
(2)
In an instance where the recovery amount is less than the full value
of the claim for personal injuries or death, the employer or its workers’
compensation insurance carrier shall be reimbursed less than the amount paid
or
payable
under this
chapter. Reimbursement
shall
be
limited
to
the
proportion which the recovery allowed in the previous subsection bears to the
total recovery for all damages. In determining the full value of the claim for
personal injuries or death, the Commissioner shall make that administrative
determination by considering the same evidence that a Superior Court would
consider in determining damages in a personal injury or wrongful death action,
or the Commissioner may order that the valuation of the claim be determined
by
a
single
arbitrator,
which
shall
be
adopted
as
a
decision
of
the
Commissioner. An appeal from the Commissioner’s decision shall be made
pursuant to section 670 of this title, except that the action shall be tried to the
presiding judge of the Superior Court.
* * *
Sec. 12.
21 V.S.A. § 663b is added to read:
§ 663b.
FRAUD
(a)
Claims of fraud submitted by an employer or insurance carrier shall be
investigated by the Commissioner, and the Commissioner shall make a
decision on the claim within 30 days of receipt of the claim.
A party may
appeal the decision of the Commissioner.
(b)
An employee found to have committed fraud in order to receive
compensation under this chapter shall be ordered to repay all compensation
received.
The employer shall not be charged for these payments when the
employer’s experience rating is determined.
Sec. 13.
EFFECTIVE DATES
(a)
This section and Secs. 3, 4, and 9–12 shall take effect on passage.
- 3488 -
(b)
Secs. 1, 2, and 5–8 shall take effect on July 1, 2014.
(For text see House Journal March 18, 19, 2014 )
H. 646
An act relating to unemployment insurance
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, 21 V.S.A. § 342a, in subsection (a), after “a response”, by
inserting to the specific allegation in the complaint filed by the employee or the
Department
Second:
In Sec. 9, by striking out the section in its entirety and inserting in
lieu thereof three new sections to read:
Sec. 9.
21 V.S.A. § 1325 is amended to read:
§ 1325.
EMPLOYERS’ EXPERIENCE-RATING RECORDS;
DISCLOSURE TO SUCCESSOR ENTITY
(a)(1)
The Commissioner shall maintain an experience-rating record for
each employer.
Benefits paid shall be charged against the experience-rating
record of each subject employer who provided base-period wages to the
eligible individual.
Each subject employer’s experience-rating charge shall
bear the same ratio to total benefits paid as the total base-period wages paid by
that employer bear to the total base-period wages paid to the individual by all
base-period employers.
The experience-rating record of an individual subject
base-period employer shall not be charged for benefits paid to an individual
under any of the following conditions:
* * *
(F)
The individual voluntarily separated from that employer to
accompany a spouse who is on active duty with the U.S. Armed Forces or who
holds a commission in the foreign service of the United States and is assigned
overseas as provided by section 1344(a)(2)(A) of this chapter.
* * *
Sec. 10.
21 V.S.A. § 1344 is amended to read:
§ 1344.
DISQUALIFICATIONS
(a)
An individual shall be disqualified for benefits:
* * *
(2)
For any week benefits are claimed, except as provided in subdivision
(a)(3) of this section, until he or she has presented evidence to the satisfaction
of the Commissioner that he or she has performed services in employment for
a bona fide employer and has had earnings in excess of six times his or her
- 3489 -
weekly benefit amount if the Commissioner finds that such individual is
unemployed because:
(A)
He or she has left the employ of his or her last employing unit
voluntarily without good cause attributable to such employing unit.
An
individual shall not suffer more than one disqualification by reason of such
separation.
However, an individual shall not be disqualified for benefits if the
individual left such employment to accompany a spouse who is on active duty
with the U.S. Armed Forces or who holds a commission in the foreign service
of the United States and is assigned overseas and is required to relocate by the
U.S. Armed Forces due to permanent change of station orders, activation
orders, or unit deployment orders, and when such relocation would make it
impractical or impossible, as determined by the Commissioner, for the
individual to continue working for such employment unit.
* * *
Sec. 11.
EFFECTIVE DATES
(a)
This section and Sec. 4(h) (rulemaking for self-employment assistance
program) shall take effect on passage.
(b)
Secs. 1–3, 4(a)–(g) and (i), and 5–10 shall take effect on July 1, 2014.
(For text see House Journal March 19, 20, 2014 )
H. 656
An act relating to professions and occupations regulated by the Office of
Professional Regulation
The Senate proposes to the House to amend the bill as follows:
First:
In
Sec.
5,
26
V.S.A.
§ 1211
(definitions),
in
subsection
(b)
subdivision (4), after the words “directly authorized by the immediate family
members”, by inserting the words or authorized person
Second:
By striking out Sec. 7, 26 V.S.A. § 1256 (renewal of registration
or license), in its entirety and inserting in lieu thereof the following:
[Deleted.]
Third:
In Sec. 9, 18 V.S.A. § 4201 (definitions), in subdivision (26)
(definition of “prescription”), at the end of the subdivision following “If a
prescription is communicated orally, it shall be reduced promptly to writing by
the pharmacist.” by inserting Nothing in this subdivision is meant to authorize
the oral communication of a prescription when a written prescription is
otherwise required.
Fourth:
By striking out Sec. 11 (amending 26 V.S.A. § 2022 (definitions))
in its entirety and inserting in lieu thereof the following:
[Deleted.]
- 3490 -
Fifth:
In Sec. 12, 26 V.S.A. § 2042a (pharmacy technicians; qualifications
for registration), by striking out subdivision (2) in its entirety and inserting in
lieu thereof a new subdivision (2) to read as follows:
(2)
if required by rules adopted by the Board, be certified or eligible for
certification by a national pharmacy technician certification authority; and
Sixth:
By striking out Sec. 15, 26 V.S.A. § 2255 (fees), in its entirety and
inserting in lieu thereof the following:
[Deleted.]
Seventh:
By striking out Sec. 22, 26 V.S.A. § 3010 (fees; licenses), in its
entirety and inserting in lieu thereof the following:
[Deleted.]
Eighth:
By adding a new section to be numbered Sec. 25 to read as follows:
* * * Social Workers * * *
Sec. 25.
26 V.S.A. § 3205 is amended to read:
§ 3205.
ELIGIBILITY
To be eligible for licensing as a clinical social worker, an applicant must
have:
* * *
(3)
completed Completed 3,000 hours of supervised practice of clinical
social work as defined by rule under the supervision of a licensed physician or
a licensed osteopathic physician who has completed a residency in psychiatry,
a licensed psychologist, a licensed clinical mental health counselor, a person
licensed or certified under this chapter, or a person licensed or certified in
another state or Canada in one of these professions or their substantial
equivalent.
The supervisor must be licensed or certified in the jurisdiction
where the supervised practice occurs.
Persons engaged in post masters
supervised practice in Vermont shall be entered on the roster of nonlicensed,
noncertified psychotherapists;
* * *
Ninth:
In Sec. 42 (amending 26 V.S.A. § 3319a (appraiser trainee
registration)), by adding a new subsection to be subsection (d) to read as
follows:
(d)
Appraiser trainees registered with the Board as of July 1, 2013 and who
continue on to satisfy the requirements specified by the AQB may become
State licensed appraisers, notwithstanding the elimination of that license
category.
Tenth:
By adding a new section to be numbered Sec. 50a to read as
follows:
* * * Motor Vehicle Racing * * *
- 3491 -
Sec. 50a.
26 V.S.A. § 4811 is amended to read:
§ 4811.
SAFETY STANDARDS
Minimum safety standards for the conduct of any race covered by this
chapter are established as follows:
* * *
(3)
Any driver shall have a legal operator's license.
Any driver under
the age of majority shall have the written consent of a parent or guardian.
A
person under 10 years of age shall not be allowed in the pit area.
* * *
(For text see House Journal March 18, 2014 )
H. 728
An act relating to developmental services’ system of care
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
18 V.S.A. chapter 204A is amended to read:
DEVELOPMENTAL DISABILITIES ACT
* * *
§ 8722.
DEFINITIONS
As used in this chapter:
* * *
(2)
“Developmental disability” means a severe, chronic disability of a
person that is manifested before the person reaches the age of 18 years of age
and results in:
(A)
mental retardation intellectual disability, autism, or pervasive
developmental disorder; and
(B)
deficits in adaptive behavior at least two standard deviations
below the mean for a normative comparison group.
* * *
§
8723.
DEPARTMENT
OF
DISABILITIES,
AGING,
AND
INDEPENDENT LIVING; DUTIES
The department Department shall plan, coordinate, administer, monitor, and
evaluate state State and
federally
funded
services
for
people
with
developmental disabilities and their families within Vermont.
The department
of disabilities, aging, and independent living Department shall be responsible
for coordinating the efforts of all agencies and services, government and
private, on a statewide basis in order to promote and improve the lives of
- 3492 -
individuals with developmental disabilities.
Within the limits of available
resources, the department Department shall:
(1)
Promote promote the principles stated in section 8724 of this title
and shall carry out all functions, powers, and duties required by this chapter by
collaborating and consulting with people with developmental disabilities, their
families, guardians, community resources, organizations, and people who
provide services throughout the state. State;
(2)
Develop and develop, maintain, and monitor an equitably and
efficiently allocated statewide system of community-based services that reflect
the choices and needs of people with developmental disabilities and their
families.;
(3)
Acquire and acquire, administer, and exercise fiscal oversight over
funding for these community-based services and identify needed resources and
legislation., including the management of State contracts;
(4)
identify resources and legislation needed to maintain a statewide
system of community-based services;
(5)
Establish establish a statewide procedure for applying for services.;
(5)(6)
Facilitate facilitate or provide pre-service or in-service training
and technical assistance to service providers consistent with the system of care
plan.;
(6)(7)
Provide quality assessment and quality improvement support for
the services provided throughout the state.
maintain a statewide system of
quality
assessment
and
assurance
for
services
provided
to
people
with
developmental disabilities and provide quality improvement support to ensure
that the principles of service in section 8724 of this title are achieved;
(7)(8)
Encourage encourage the establishment and development of
locally administered and locally controlled nonprofit services for people with
developmental disabilities based on the specific needs of individuals and their
families.;
(8)(9)
Promote promote and facilitate participation by people with
developmental disabilities and their families in activities and choices that
affect their lives and in designing services that reflect their unique needs,
strengths, and cultural values.;
(9)(10)
Promote promote positive images and public awareness of
people with developmental disabilities and their families.;
(10)(11)
Certify certify services that are paid for by the department.
Department; and
- 3493 -
(11)(12)
Establish establish a procedure for investigation and resolution
of
complaints
regarding
the
availability,
quality,
and
responsiveness
of
services provided throughout the state State.
* * *
§ 8725.
SYSTEM OF CARE PLAN
(a)
No later than July 1, 1997, and every Every three years thereafter, the
department Department shall adopt a plan for the nature, extent, allocation, and
timing of services consistent with the principles of service set forth in section
8724 of this title that will be provided to
people with developmental
disabilities and their families.
Notwithstanding any other provision of law, it is
not required that the plan be adopted pursuant to 3 V.S.A. chapter 25.
Each
plan shall include the following categories, which shall be adopted by rule
pursuant to 3 V.S.A. chapter 25:
(1)
priorities for continuation of existing programs or development of
new programs;
(2)
criteria for receiving services or funding; and
(3)
type of services provided; and
(4)
a process for evaluating and assessing the success of programs.
(b)(1)
Each plan shall be The Commissioner shall determine plan priorities
based upon:
(A)
information
obtained
from
people
with
developmental
disabilities, their families, guardians, and people who provide the services and
shall include;
(B)
a comprehensive needs assessment, that includes:
(i)
demographic information about people with developmental
disabilities,;
(ii)
information about existing services used by individuals and
their families,;
(iii)
characteristics of unserved and under served underserved
individuals and populations; and
(iv)
the reasons for these gaps in service, and the varying
community needs and resources.
(2)
The commissioner shall determine the priorities of the plan based on
funds available to the department Once the plan priorities are determined, the
Commissioner shall consider funds available to the Department in allocating
resources.
- 3494 -
(c)
No later than 60 days before adopting the proposed plan, the
commissioner Commissioner shall submit the proposed plan it to the advisory
board Advisory Board, established in section 8733 of this title, for advice and
recommendations, except that the Commissioner shall submit those categories
within the plan subject to 3 V.S.A. chapter 25 to the Advisory Board at least
30 days prior to filing the proposed plan in accordance with the Vermont
Administrative
Procedure
Act.
The
Advisory
Board
shall
provide
the
Commissioner with written comments on the proposed plan.
It may also
submit public comments pursuant to 3 V.S.A. chapter 25.
(d)
The Commissioner may make annual revisions to the plan as deemed
necessary in accordance with the process set forth in this section.
The
Commissioner shall submit any proposed revisions to the Advisory Board
established in section 8733 of this title for comment within the time frame
established by subsection (c) of this section.
(e)
The department Notwithstanding 2 V.S.A. § 20(d), on or before
January 15 of each year, the Department shall report annually to the governor
Governor and the general assembly committees of jurisdiction regarding
implementation of the plan and shall make annual revisions as needed, the
extent to which the principles of service set forth in section 8724 of this title
are achieved, and whether people with a developmental disability have any
unmet service needs, including the number of people on waiting lists for
developmental services.
* * *
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For text see House Journal March 20, 2014 )
S. 208
An act relating to solid waste management
The Senate concurs in the House proposal of amendment thereto as
follows::
First:
In Sec. 2, 10 V.S.A. § 6605m, in subdivision (a)(1), by striking out
“treated or painted wood” and inserting in lieu thereof plywood, and oriented
strand board.
Second:
By striking out Sec. 7a (Greenup Checkoff) in its entirety.
(For House Proposal of Amendment see House Journal April 30, 2014
Page 1580)
- 3495 -
Committee of Conference Report
S. 234
An act relating to Medicaid coverage for home telemonitoring services
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. 234
An act relating to Medicaid coverage for home telemonitoring
services
Respectfully report that they have met and considered the same and
recommend that the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
Sec. 1.
33 V.S.A. § 1901g is added to read:
§ 1901g.
MEDICAID
COVERAGE
FOR
HOME
TELEMONITORING
SERVICES
(a)
The Agency of Human Services shall provide Medicaid coverage for
home telemonitoring services performed by home health agencies or other
qualified providers as defined by the Agency of Human Services for Medicaid
beneficiaries who have serious or chronic medical conditions that can result in
frequent
or
recurrent
hospitalizations
and
emergency
room
admissions.
Beginning on July 1, 2014, the Agency shall provide coverage for home
telemonitoring for one or more conditions or risk factors for which it
determines,
using
reliable
data,
that
home
telemonitoring
services
are
appropriate and that coverage will be budget-neutral.
The Agency may expand
coverage to include additional conditions or risk factors identified using
evidence-based best practices if the expanded coverage will remain budget-
neutral or as funds become available.
(b)
A home health agency or other qualified provider shall ensure that
clinical information gathered by the home health agency or other qualified
provider while providing home telemonitoring services is shared with the
patient’s treating health care professionals.
The Agency of Human Services
may impose other reasonable requirements on the use of home telemonitoring
services.
(c)
As used in this section:
(1)
“Home health agency” means an entity that has received a certificate
of need from the State to provide home health services and is certified to
provide services pursuant to 42 U.S.C. § 1395x(o).
- 3496 -
(2)
“Home telemonitoring service” means a health service that requires
scheduled
remote
monitoring
of
data
related
to
a
patient’s
health,
in
conjunction with a home health plan of care, and access to the data by a home
health agency or other qualified provider as defined by the Agency of Human
Services.
Sec. 2.
GRANT FUNDING
The Department of Vermont Health Access and home health agencies shall
seek to maximize opportunities for grant funding to offset start-up, equipment,
technology, maintenance, and other costs related to home telemonitoring in
order to minimize the expense to the Medicaid program.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
Rep. Christopher A. Pearson
Rep. Douglas Gage
Rep. Anne T. O'Brien
Committee on the part of the House
Sen. Anthony Pollina
Sen. Virginia V. Lyons
Sen. Claire D. Ayer
Committee on the part of the Senate
Ordered to Lie
S. 91
An act relating to privatization of public schools.
Pending Question: Shall the House propose to the Senate to amend the bill
as offered by Rep. Turner of Milton?