Here is a summary of highlights of Legislative action this year, on policy and budgetary issues of importance to VCDR. Links to the actual legislation are provided, if you want to read about additional details and specifics. This report covers the legislation that saw significant action this year.

There may be further analysis of some of the larger bills (Challenges for Change and the Budget) as information becomes available, as these laws are implemented. The "Challenges" legislation is still a work in progress and requires many processes to fully implement. If there are more complete explanations from other sources and/or from meetings of the legislative committees charged with overseeing "Challenges", that provide additional information - VCDR will update the membership in subsequent emails.

If members wish to submit specific information about any particular legislation, or have questions please email Deborah Lisi-Baker: mailto:dilisibaker@gmail.net, or myself, Karen Lafayette: kmlafayette@aol.com

All legislation that has been passed by the House and Senate is now law - either signed by the governor, or allowed to become law without his signature (noted in most cases) - unless he chose to veto. Some of the bills passed, where links are provided, are law, but may not yet be posted in their final form (as enacted into law), until legislative council completes their work in the next months and post the information on the legislative website. An act "summary" is generally prepared for legislation that is more complex as well.  

The link to the Vermont Legislative page: The Vermont Legislature

If you go to this link below, you can plug in any bill number and get the history of the committee meetings and the witness lists of that particular legislation: The Vermont Legislative Bill Tracking System

Although the focus this legislative year was largely on the budget deficit, proposed cuts,  and the "Challenges" restructuring legislation, VCDR was able to facilitate the passage of  a number of important pieces of policy legislation that have been part of our platform priorities for a few years now. This update contains other legislation that passed, that is also of interest to VCDR, but not necessarily "promoted" by VCDR.

 Vermont Coalition for Disability Rights | VCDR

Additional legislation that VCDR supports, detailed in the 2010 VCDR Legislative Platform listed above, not acted on this session, will need to be re-introduced next year as this is the end of the Legislative Biennium.

H.524 - An act relating to interference with or cruelty to a service animal guide dog, warrants impounding a dog or wolf-hybrid, and the definition of "humane officer".

This bill was re-introduced this year and re-drafted. The bill passed the House and Senate and was signed into law by the governor on Wednesday May 26 with members of the public present. Many VCDR members testified in both the House and Senate Committees on this issue and were present for the signing.

(H. 524)   http://www.leg.state.vt.us/docs/2010/bills/Passed/H-524.pdf

This law (Pages 8 and 9) : (1) prohibits a person from interfering with any service animal in the course of the performance of its duties or training as a service animal; (2) establishes penalties for cruelty to a service animal or for the killing of a service animal; and (3) permits an owner or user of a service animal that has been harmed in violation of this act to obtain restitution from or file a civil action against the person who violated this act among other items added to the legislation.

H.66 - An act relating to voluntary school district merger, virtual merger, supervisory union duties, and including secondary students with disabilities in senior year activities and ceremonies.

After substantial testimony last year and again this year, the graduation participation of H.66 was taken up by House Education and passed. The Senate added the School Merger section of the bill (originally House Bill H.782) and the bill passed both Houses. The Governor allowed H.66 to go into law without his signature because he did not think the "Education Merger" portions of it contained any "real" education cost reductions. H.66 is now law and the section on "Graduation Participation" is effective immediately.

The Graduation participation part of the bill is now Sec. 22 on page 36 and 37 of the bill "as enacted into law".

(H.66 - Act 153)     http://www.leg.state.vt.us/docs/2010/Acts/ACT153.pdf

This bill ensures that each secondary student with a disability has the opportunity to join his or her age-appropriate peers in all senior-year activities and ceremonies even if the student's individualized education plan (IEP), 504 plan, or both anticipate that the student will need more than four years in which to complete all graduation requirements. The student receives a certificate of recognition and participation does not affect or limit the student's eligibility for special education services, related services, transition services, or Section 504 services following the ceremony.

S.150 - An act relating to parking reserved for people with disabilities.

This bill passed both Houses and was signed into law by the governor on April 20^th.This bill is now law.

(S.150 - Act 82)    http://www.leg.state.vt.us/docs/2010/Acts/ACT082.pdf

This bill increases the fees for a violation of parking in spaces reserved for people with disabilities from $100 to $200 and adds signage language.

H.400 - An act relating to promoting positive behavioral intervention and supports in schools, reducing the use of physical restraint, and prohibiting the use of other behavioral interventions

As introduced - This bill did not pass this year but did get a hearing in the House Education Committee, with an indication that this "issue" will be taken up for action in the next legislative session. However - stakeholders (all sides) interested in this legislation were encouraged to continue to meet to work out differences. The Department of Education has promised to address these concerns through regulations (rules) with involvement from concerned Vermonters. Meetings have been taking place in the attempt to have rules in place for 2010-2011 school year. These rules need to be submitted to the State Board of Education for their consideration at their June meeting.

(H. 400)  http://www.leg.state.vt.us/docs/2010/bills/Intro/H-400.pdf

This bill proposes to promote positive behavioral intervention and supports in schools, reduce the use of physical restraint, and prohibit the use of mechanical, chemical, and prone physical restraint and seclusion as methods of addressing challenging student behavior

Additional Policy Bills of Interest to VCDR

S.262 - An act relating to insurance coverage for autism diagnosis and treatment.

Passed by the House and Senate, signed by the Governor on May 27th.

(S.262 - Act 127)  http://www.leg.state.vt.us/docs/2010/Acts/ACT127.pdf

This bill requires health insurers to cover the diagnosis and treatment of autism spectrum disorders for children beginning at the age 18 months to  age six or when they enter first grade, and calls for agency of human services to evaluate the feasibility and budget impacts in providing insurance coverage for autism spectrum for school aged children.

S.88 - An act relating to health care financing and universal access to health care in Vermont.

The Governor allowed this bill to go into law without his signature.

(S.88 - Act 128)  http://www.leg.state.vt.us/docs/2010/Acts/ACT128.pdf

Summary of Act 128 :  SUMMARY OF THE 2010 ACTS AND RESOLVES

This bill establishes the goals of universal access to essential health care services in Vermont through a publicly financed, integrated, regional health care delivery system; provides mechanisms for cost containment in the system; and provides a framework, schedule, and process to achieve that goal. The bill requires three studies, including one on single payer, to guide the state reform efforts for next few years. The legislation also approves the expansion of the Blueprint for Health, an initiative to refocus medical care on prevention and chronic-care management to help patients avoid as much as possible the expensive and debilitating consequences of chronic illnesses The designs and implementation plans are due to lawmakers in February.

H. 507- An act relating to voluntary guardianship and children in foster care.

Signed by the Governor on May 8th. 

 (H.507- Act 97)     http://www.leg.state.vt.us/docs/2010/Acts/ACT097.pdf

This bill modifies permanent guardianship law for children to comply with new federal provisions and enable guardians to access federal funds for guardianships.

S.205 - An act relating to the Revised Uniform Anatomical Gift Act.

This bill includes items related to Services for Vermont Senior (Adult Protective Services) and Forensic Evaluations of Mental Health Patients from bills H.698 and H.631 respectively (Pages 32 to 39)

(S.205 - Act 119)   http://www.leg.state.vt.us/docs/2010/Acts/ACT119.pdf

Sec. 10 and 11 of S.205 call for the agency of human services to undertake an independent evaluation of the adult protective services provided by the department of disabilities, aging, and independent living's division of licensing and protection, if funds can be identified and secured for this purpose. Sec. 12 and 13 of this bill changes some of the language that speaks to the forensic evaluation of individuals in custody, and calls for the convening of a work group to address issues relating to forensic examinations of mental health patients and defendants.

H.639 - An act relating to motor vehicle insurance for volunteer drivers.

(H.639 - Act 80)   http://www.leg.state.vt.us/docs/2010/Acts/ACT080.pdf

This law will prohibit auto insurers from denying coverage or adjusting rates because some people use their car for volunteer purposes.

H.456   An Act Relating to Fuel Assistance.

(H.456 - Act 88)  http://www.leg.state.vt.us/docs/2010/Acts/ACT088.pdf

This bill increases eligibility providing more low-income Vermont households with fuel assistance for the purchase of essential home heating fuel. The bill also adjusts the application acceptance, processing, and eligibility determination to coordinate with other economic benefits administered by the agency of human services. It is expected that over 10,000 new households will be made eligible by the new eligibility standards. 

Eligibility increases from 125 % (net) of the Federal Poverty Level (FPL) to 185 % (gross) which is about 150 % net of the FPL, and aligns the calculation with food stamps (3 Squares Vermont). Recipients at the lower end of the income limits still receive the largest share of fuel assistance (percentage of their fuel cost covered) and the newly eligible will receive less. This law also eliminates the asset test (was $5,000 or $10,000 dependent on age last year). Therefore, if you are income eligible - there is now no asset test to receive regular fuel assistance.

The 2010 Vermont Legislative Session started with a $150 million dollar general fund deficit, with a budget presented by Governor Douglas that called for dramatic cuts in human services benefits and programs, totaling over $104 million dollars ($53 million general funds and $51 million federal matching funds).

The session was focused for the most part on the State Budget and on the "Challenges for Change" legislation, a new approach to reducing "spending" through restructuring government programs to be more effective and efficient. The $38 million dollars of general fund "savings" in targeted agencies was built into the FY 2011 Budget. The reduction targets in "Challenges" were in addition to the cuts proposed in the FY 2011 budget.

Although the House and the Senate restored most of the reductions and program eliminations in DAIL and DCF proposed to be cut by the governor, most all budgets were level funded, and there was little opportunity to fund new programs, to increase existing funding, or to restore any reductions made last year, with the exception of some caseload increases.

Signed into law on June 3^rd. Page 258 of the link below is where the actual bill "as passed" starts.

(H. 789)   http://www.leg.state.vt.us/docs/2010/bills/Passed/H-789.pdf

Summary Document of the FY 2011 Budget:

http://www.leg.state.vt.us/jfo/Appropriations/Committee%20of%20Conference%20Summary%20Documents.pdf

Page 1 & 2 of the documents above contain a summary of how the Legislature met the Budget challenge (reducing the FY 2012 budget shortfall from $255 million to $122 million) while still protecting Vermonter's services.

Page 5 to 7 of the separate documents above contains the original proposed Human Services cuts from the governor's budget and the final "reductions" from the Budget Committee of Conference

This "annotated" version of the FY 2011 Budget Bill (below), "as passed by the House and Senate"  is the easiest way to see the individual budgets in the appropriations bill, the original proposal by the governor, and the changes the legislature made. The funding levels and changes are for FY 2011. The bill has not been assigned an "act" number yet.

http://www.leg.state.vt.us/jfo/Appropriations/FY11%20CC%20Annotated%20Report%2005-11-2010.pdf

Page 23 begins Human Services in the annotated version of H.789 (above)

Page 30 VDH

Page 32 DCF

Page 37 DAIL

$ 135,000 Adds back AIDS service cut

$ 347,000 Adds back CSHN support clinic respite

$50,000 Adds back AIDS Syringe Exchange $50k

$ 32,800 Adds back Addison Parent Child Center $32,800

$15,000 Kidney Association grant

$12,000 Adds back cuts to Youth Continence $12k

$ 215,000 Restore Reach Ahead reduction requested by admin $ 1,320,000 Restore SSI disregard)

$ 1,078,141 Does not include full family and >60 month sanctions

$ 150,000 Restore 1/2 cut to case management for Post Secondary Ed clients

$48,000 Restore IDA grant reduction with CSBG and GF IDA to receive $73,000 from the ARRA Stimulus money from the Jobs Bill

$260,475 Restore set asides and contingency funding in Voc Rehab

$475,705 Restore flexible family funding

$596,518 Restore targeted case management

$ 351,390 Restore HASS Housing and Supportive Services grants

$ 109,995 Restore Adult Day Services GF grants

$ 146,698 Restore Area Agencies on Aging (AAA) 3% cut

$ 41,064 Restore Foster Grandparent grant

$74,500 Restore Senior Companion grant

$29,042 Restore LTC Ombudsman grant funding

$1,000,000 Restores -Redesign "Savings" in Attendant Services Program   GF - assets/income 

$ 120,000 Restore Neighbor-to-Neighbor grant

$ 98,388 Restore LTC Ombudsman grant

$ 30,000 Cuts Caregiver Registry 25% but does not eliminate

$1,476,501 Maintains dental cap at current level

$1,000,000 Does not reduce children's personal care funding

$1,260,182 No HCBS cuts - "Challenges" may alter practice and funding

Funding for Developmental Services caseload was increased to $6,680,537, which includes funds for graduates and public safety. There was no appropriation for Peer Navigators to replace their grant funding. There was no funding restored (from last year's position reduction) to Green Mountain Self Advocates. In the last days of the legislature, the Senate Appropriations Committee did review these two programs along with a number of others and wanted to consider how they might fit into Challenges for Change. In the end nothing specific was included, but it was suggested that each or both of these programs might be able to apply for the grant money detailed in the "Challenges" $2 million dollar investment for community proposals. (RFP)

Additional information on the FY 2011 Budget can be found on the Joint Fiscal web site: Appropriations

The Budget Bill was amended while being passed on the floor of the House to include the continued service of the State Hospital Canteen:

Excerpt: Sec. E.314a. VERMONT STATE HOSPITAL; CANTEEN

(a) The general assembly finds that the availability of a cafeteria, also known as "the canteen," for use by patients of the Vermont state hospital is therapeutic for them and should be available for their use, as well as for their guests, hospital staff, and members of the general public.

(b) From any appropriation contained in any act of the general assembly to the department of buildings and general services, the sum of up to $25,000 shall be used to make necessary repairs and upgrades to bring up to code the premises used as the canteen, which repairs and upgrades shall be completed by October 30, 2010.

(c) On or before November 1, 2010, the secretary of human services shall cause the canteen to reopen for no fewer than five days per week for a reasonable number of hours per day, for use by state hospital patients, their guests, staff, and members of the public. The cafeteria service shall be provided either by state employees or a contracted vendor, so long as the operation is cost-neutral to the general fund. If the cafeteria service is offered by a vendor, the premises used by the vendor shall be leased at an annual cost of $1.00, and the leased premises shall otherwise be offered to the vendor on the same terms and conditions as those offered to the vendor who operates the state house cafeteria.

(d) The canteen service shall continue in operation unless closure is authorized by act of the general assembly.

(e) The vendor shall strive to offer affordable lower-cost food to state hospital patients

For purposes of this report: If language is underlined, it is directly from the legislation as passed.

The Governor Signed the Challenges for Change law on June 1^st

The link below is the "annotated" version of bill passed by the House and Senate and amended in the Budget Bill. This version shows the changes that occurred in the last days if the legislature that do not appear in the H.792 "as passed by House and Senate".

(H.792 as passed and amended) http://www.leg.state.vt.us/misc/259311.pdf

This bill implements the earlier Challenges for Change legislation, by making changes to current law which allow policy makers, administrators, service providers, and school administrators to create outcome-driven changes in service and performance, to implement these changes with reduced state funding, and to maintain accountability for meeting goals through clear measures of outcome achievement.

This legislation calls for a reduction in spending by about $38 million in FY 2011 in general fund savings, and a reduction in spending of $72 million in the Fiscal Year 2012 Budget. In FY 2011, $30 million of "reductions" are identified, in human services, education, and economic development.  The Human Services general fund reductions identified - total about $18 million of general fund monies (includes $6 million in Corrections and includes the use of enhanced FMAP monies used for investments of $5.1million), that have been identified, with federal match money reductions of an additional $32 million. The law gives the charge and the authority to the current administration to present further proposals to reduce spending (savings) by the $8 million not yet specified to meet the "targets." (The reduction numbers are approximate from the most recent documents available, but there may be discrepancies as numbers continue to be adjusted and updated).

All page numbers are from the "annotated" version link above:

Page 13: Begins the Human Services Challenge: Statements of Outcomes,

Initiatives, Targets for Savings, Stakeholder Involvement, and Reporting.

Selected section "explanations" and "excerpts" (underlined excerpts are language directly from the legislation):

Sec. 3a (Page 13) AGENCY OF HUMAN SERVICES; SAVINGS TARGETS

(a) The agency of human services shall set an agency-wide savings target of $23.8 million in general fund in fiscal year 2011 and $41.4 million in general fund in fiscal year 2012. As provided for in H.792 of 2010, the agency of human services shall achieve the same or better outcomes for clients and machieve the associated savings under this act without reducing government benefits, limiting benefit eligibility, or reducing personnel unless reduction is a direct consequence of achieving the required outcomes or specifically provided for under the Challenges legislation, such as in Sec. C25 of H.792 of 2010.

(b) As provided for in Sec. C3 of H.792 of 2010, the agency of human services shall engage the direct participation of service recipients, their families, service providers, and other stakeholders to develop additional Challenges that will meet in full the outcomes and fiscal goals of the Challenges for Change Act and this act. The agency of human services shall make available to community providers and organizations existing data on demographics and program outcomes and indicators to assist in the community planning.

Sec. C2 (Page 14) ...This challenge: focuses on maintaining or improving outcomes for populations served by the agency of human services, while spending less in fiscal year 2011 than in fiscal year 2010 and less in fiscal year 2012 than in 2011, by redesigning the delivery of services to be more efficient, interconnected, and targeted to achieve the essential outcomes. The populations focused on in this act are elders; individuals with disabilities, mental health needs, or substance abuse issues; families, including children, with multiple needs; and individuals involved with or at risk for significant involvement with the corrections system.

Sec. C4 (Page 17)  RESTATEMENT OF OUTCOMES FOR ELDERS

...(2) Elders, people with disabilities, and individuals with mental health

conditions live with dignity and independence in settings they prefer.

(3) Families and individuals live in safe and supportive communities.

(4) Adults lead healthy and productive lives.

(5) Vermonters receive affordable and appropriate health care at the

appropriate time, and health care costs are contained over time.

Sec. C5 (page 17) INITIATIVES

...(1) establishment by the department of disabilities, aging, and

independent living of a process to provide clinically eligible elders, who meet

initial financial eligibility criteria prescribed by the department with Choices

for Care, services while their eligibility for such services is being determined;

(2) expansion of opportunities for elders and adults with physical

disabilities to benefit from a full-time service option similar to the concept of a

developmental home and

(3) decrease of nursing home utilization through earlier intervention,

prevention, and increased use of home- and community-based services.

Sec. C7 (Page19) RESTATEMENT OF OUTCOMES RELATING TO FAMILIES, INCLUDING CHILDREN, WITH MULTIPLE NEEDS

Outcomes for families with children:

(1) Children, families, and individuals are engaged in and contribute to

their community's decisions and activities.

(2) Pregnant women and children thrive.

(3) Children are ready for school.

(4) Children succeed in school.

(5) Children live in safe, nurturing, stable, supported families.

(6) Youths choose healthy behaviors.

(7) Youths successfully transition to adulthood.

(8) Families and individuals live in safe and supportive communities.

(9) Adults lead healthy and productive lives.

(10) Vermonters receive affordable and appropriate health care at the

appropriate time, and health care costs are contained over time.

(11) Families and individuals move out of poverty through education

and advancement in employment.

Sec. C8 (Page 20) INITIATIVES; FAMILIES AND CHILDREN

The general assembly is supportive of the following new proposals and

existing proposals relating to families, including children, with multiple needs

in the agency of human services addendum to the Challenges for Change...

(1) modernizing the eligibility determination system ...(2) pursuing a consolidated and coordinated approach to employment services under a single entity called "creative workforce solutions"...(3) pursuing savings in the budgets of multiple departments... resulting from reduced lengths of

stay in out-of-home placements of children accomplished through an increase in early intervention, family treatment, and other services designed to prevent or reduce the acuity of the situation resulting in the child's out-of-home placement. The agency shall redesign service delivery in order to provide intensive services to children and families before a child needs an out-of-home placement. "Out-of-home placements" includes inpatient hospitalizations, residential care, and foster care...

Sec. C9 (Page 22) CHILDREN'S INTEGRATED SERVICES; PILOTS

(a) The agency of human services may establish pilot programs in no more than three service areas for single contracts for children's integrated services (CIS) to be developed in collaboration with the regional CIS teams in the communities to be served. "Children's integrated services" includes nursing and family support, early intervention, early childhood and family mental health, and specialized child care services.

Sec. C23 (Page 34) RESTATEMENT OF OUTCOMES FOR INDIVIDUALS WITH DISABILITIES, MENTAL HEALTH NEEDS, OR SUBSTANCE ABUSE

Sec. C24  (Page 36-38) INITIATIVES; INDIVIDUALS WITH DISABILITIES, MENTAL HEALTH NEEDS, OR SUBSTANCE ABUSE ISSUES

Selected changes supported by the administration and Legislature:

(1) creating an interdepartmental team to serve clients of the department of disabilities, aging, and independent living with mental health needs... (6) pursuing a consolidated and coordinated approach to employment services under a single entity called "creative workforce solutions."... (8) establishment of by the department of disabilities, aging, and independent living a process to provide clinically eligible individuals who meet initial financial eligibility criteria prescribed by the department with Choices for Care services while their eligibility for such services is being

determined; (9) improving employment outcomes for clients of the designated

agencies...(13) allowing developing new residential options for individuals with

developmental disabilities as described in the state system of care plan; (14) reducing the length of inpatient psychiatric hospitalizations through utilization reviews by the department of mental health, contracting with the designated agencies... (18) redesigning service delivery to individuals with developmental

disabilities in the custody of programs funded by the commissioner of disabilities, aging, and independent living under the who pose a risk to public safety criteria.

Sec. C25. (Page 38) DESIGNATED AGENCIES; REDUCTION

(a)(1) The agency of human services and the agencies designated under chapter 207 of Title 18 shall reduce the fiscal year 2011 appropriation for mental health to the designated agencies by 2.0 percent and for developmental services by a total of 1.0 percent. The designated agencies shall minimize service reductions. The commissioner of finance and management and the secretary of human services are authorized to use available funding to minimize negative impacts on the designated agencies' cash flow, including by providing a higher proportion of funding in the first two quarters of the fiscal year. The reductions to designated agencies for mental health and developmental services total $2.8 million; $1.3 M (mental health) and $1.3 M (developmental services). This represents the 2% reduction in mental health and the 1% reduction in developmental services.

The original fiscal year 2011 budget reduction target for designated agencies proposed by the governor through Challenges for Change was 5% - which was equivalent to $13.6 million in total funds, with a 500K investment for a net reduction of $13.1 million. The overall "targeted" reductions for the designated agencies in the Challenges for Change "savings" - total about $6.7 million - down from the original $13.1 million proposed. Funding reductions in the DAs are supposed to minimize any service reductions.  (The FY 2011 budget bill contains a $6.7 million dollar caseload increase for developmental services, not in "Challenges")

Sec. C35 (Page 56) AHS; REQUESTS FOR PROPOSALS 

A total of $2 million dollars is allocated for the purpose of funding proposals from community-based service providers and other organizations to provide services to clients of the agency through a performance-based contract in human services. The agency of human service will issue request for proposals for this purpose.

These proposal can include a number of populations including:  individuals with mental health conditions and individuals with disabilities who are at risk of involvement with law enforcement, families with multiple social needs and involvement with the agency of human services with the goal of improved outcomes in attaining and retaining employment, maintaining stable and safe housing, reducing involvement of the division of family services, and improved health;  women involved or at risk of becoming involved with the department of corrections, other groups specified in the law and additional group at the discretion of the secretary.

Sec. C36  AGENCY OF HUMAN SERVICES; CHALLENGES FOR

CHANGE BOARD

(a) Creation of board. There is created in the agency of human services a

Challenges for Change board to review and make recommendations on

proposals from community-based service providers and other organizations as provided for in Sec. C35 of this act.

The above money for these community-based proposals may be able to be matched with federal money and may be an opportunity to fund services that may have been eliminated, or fund programs that were seeking increases or for funding new initiatives in this budget year, if they meet the required criteria. The RFP does not replace existing services funded in the budget. A board will be created to review and choose the proposals.

The RFP link from AHS: http://humanservices.vermont.gov/news-info/whats-new/challanges-for-change-rfp-2

Sec. H4  (Page 186) QUARTERLY REPORTING AND IMPLEMENTATION

(a) On a quarterly basis, beginning with July 1, 2010, the administration

shall report to the chairs of the house and senate committees of jurisdiction, the joint legislative government accountability committee, and the joint fiscal

committee. Each report shall include a statement of the measures and

milestones summarized by the government accountability committee for that

Challenge, a brief summary of milestones met and progress made in that

Challenge, and the data collected to measure that progress. Reports shall also include any modifications or additions proposed for the plan of

implementation, and how these modifications or additions are designed to

achieve the outcomes for that Challenge.

Sec. H4a.  (Pages 189-191) REVIEW BY JOINT FISCAL COMMITTEE

This section recognizes that that reductions in expenditures, government benefits, personnel, and programs are considered means of accomplishing the goals of Challenges. The law requires that any proposal for a reduction in excess of five percent of the gross expenditure of the appropriated funding for any single function, program, benefit or service as a part of its plan of implementation of Challenges, or a reduction in government benefits or any limit in benefit eligibility or any reduction in personnel that is not a direct consequence of achieving the required outcomes under the Challenges for Change will require the secretary of administration to submit the plan to the Joint Fiscal Committee. The JFC can approve or disapprove within 21 days. If they disapprove, the secretary can submit a revised plan, but in the end, the administration can "proceed as originally proposed."

Section G.26 of the Challenges for Change legislation, limits the number of copies of the Calendars, Bills and Journals that will be published. In effect, paper copies will be made for House and Senate members but no longer be made available to members of the public (they will be published online).

Advocates have spoken to the issue both at the end of the session and more recently at the Joint Government Accountability Committee, asking legislative council to find some way to accommodate members of the public that cannot afford to pay for copies and/or, for whatever reason, cannot get the information online, or does not work for their purposes.

The link (below) details the proposed reductions in "Challenges for Change" in the FY 2011 Budget:

http://www.leg.state.vt.us/jfo/Challenges_-_Proposed_Reductions_1.pdf

Human Services  Identified "Savings" (not inclusive)

OVHA Clinical Utilization Review Board............Gross $4 M State $1.4 M

OVHA DAIL - Nursing Home Utilization Reduc...Gross $5 M State $1.78 M

DCF - Creative Workforce Solutions.................Gross $1.3 M State $1.4 M

DCF - Integrated Family Services....................Gross $ 4.6 M State $2.2 M

DCF CDD - Childrens Integrated Services.........Gross $100K State $100K Mental Health - forensic evaluation....................Gross $200K State $200K

Designated Agency Challenge Ideas................Gross $6.7 M State $3.1 M

RFP - Community Driven Initiatives..................Gross $2 M State $2 M

                                                                 (Above $2 M is EFMAP Investment)                        

Corrections (Challenges +S.292)..................Gross $6.02 M State $6.02 M

                                                         ($3.1 M of above is EFMAP Investment)

Total Agency of Human Services..........Gross $ 31.6 M State $18.5 M

The "target" for Human Services "reductions" in FY 2011 is $23.8 M in General Fund dollars. This can be achieved with replacing some GF dollars with other funds (federal or transfers) along with "cuts". The Administration is authorized to reduce the federal corresponding match dollars as well, and can "invest" up to $7 M to achieve these goals. (Sec. C40, page 64)

The ‘Challenges" legislation is still a work in progress and requires many processes to fully implement, including: stakeholder involvement, quarterly reporting to an expanded Government Accountability Committee, Joint Fiscal review of the Administration's  proposal to realize the $8 million more in reductions, and the creation and execution of an RFP process for community based initiatives among others. In addition to the budgetary implications, the "Challenges" legislation involves numerous policy changes as the state restructures the delivery of services to Vermonters.

The Joint Legislative Accountability Committee has a regular meeting schedule throughout the summer and fall. We will publish that schedule and update members on the implementation process.

"Challenges" Documents from the  Legislative Page: Challenges for Change

Submitted by Karen Lafayette: kmlafayette@aol.com