EXPLANATION: Provides the authorization to spend $1.8M education funds on adult education &

Keep: FY 2010 BAA Bill words at end to JFO 12-15-09 Sec. 58. Sec. E.504(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) Of this appropriation, the amount from the education fund shall be distributed to school districts for reimbursement of high school completion services pursuant to 16 V.S.A. Sec. 1049a(c) and for adult education programs in accordance with 16 V.S.A. Sec. 4025(b). EXPLANATION: Provides the authorization to spend $1.8M education funds on adult education & literacy programs, as approved in the FY 2010 rescission. Sec. 59. 16 VSA Sec. 4025(b) is amended to read: (b) Moneys in the education fund shall be used for the following: (1) To make payments to school districts and supervisory unions for the support of education in accordance with the provisions of section 4028 of this title, other provisions of this chapter, and the provisions of chapter 135 of Title 32, and to make payments to carry out programs of adult education in accordance with section 1049(a) of this title. * * * EXPLANATION: Provides the authorization to spend $1.8M education funds on adult education & literacy programs, as approved in the FY 2010 rescission. Sec. 60. REPEAL (a) 8 V.S.A. Sec. 4080f(a)(9)(A)(i)(II)(aa) (Catamount self-employment exemption) is repealed. (b) Secs. 22, 23 and 43 of No. 61 of the Acts of 2009 (allowing depreciation when determining countable income, and allowing loss of insurance by self-employed for Catamount eligibility; and reporting requirement) are repealed. EXPLANATION: The appropriation for these two expansions of Catamount Plan eligibility was eliminated in the FY 2010 rescission, approved by the Joint Fiscal Committee on 8/18/09. The potential expansions were based on allowing Catamount enrollment without a 12-month waiting period for self-employed individuals who lost their individual coverage as a result of a business closure; and allowing depreciation as a part of the income calculations that determine Catamount eligibility. The repeals in this section eliminate these Catamount expansions and related language. Sec. 61. FY 2010 RESCISSION; CHOICES FOR CARE (a) The reversion of $731,372 in general funds carried over from FY 2009 to FY 2010 in the OVHA Medicaid long-term care waiver (choices for care) appropriation, as authorized by the joint fiscal committee as part of the FY 2010 rescission approved on August 18, 2009, shall be notwithstanding Sec. 2(d) of No. 160 of the Acts of 1996. EXPLANATION: The provisions of 1996 Act 160 specify that Medicaid long-term care savings be used only for home and community-based services. Sec. 62. Sec. E.235.4 of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: Sec. E.235.4 STATE ENERGY PROGRAM (a) The ARRA funds appropriated to the department of public service in Sec. B.235 of this act, consisting of $21,999,000 state energy program funds and $9,593,500 energy efficiency and Page 1 of 12

conservation block grant (EECBG) program funds, shall be transferred and deposited into the clean energy development fund created under 10 V.S.A. 6523. These funds shall be maintained in a separate account specifically restricted to ARRA funds within the clean energy development fund. (b) The funds appropriated and transferred under subsection (a) of this section shall be disbursed from the clean energy development fund in a manner that ensures rapid deployment of the funds, is consistent with the requirements of ARRA for administration of funds received, and meets the transparency and accountability requirements of ARRA. These funds shall be for the following: * * * EXPLANATION: ARRA funds must be expended as ARRA funds, and cannot be comingled in a special fund, where they would no longer be accounted for as ARRA funds. Sec. 63. Sec. 112 of No. 54 of the Acts of 2009 is amended to read: Sec. 112. ARRA APPROPRIATIONS; FULL FAITH AND CREDIT (a) In fiscal year 2010, of the funds appropriated in Sec. B.1101(b)(1) of H.441 (2009), $3,400,000.00 $1,250,000.00 from the state fiscal stabilization funds available under the American Recovery and Reinvestment Act of 2009, Pub.L. No. 111-5, shall be disbursed as follows: (1) $2,150,000.00 to the entrepreneurs seed capital fund. (2) $1,000,000.00 to the Vermont economic development authority to provide interest-rate subsidies in the Vermont jobs fund. (3) (2) $100,000.00 to the Vermont sustainable jobs fund program for the farm-to-plate investment program as provided in Sec. 35 of this act. (4) (3) $150,000.00 to the Vermont sustainable jobs fund for start-up capital in the flexible capital fund program. * * * (d) In FY 2010, $120,000.00 general fund to the department of tourism and marketing, of which $100,000.00 shall be for a grant to the Vermont convention bureau and $20,000.00 to the Shires of Vermont, pursuant to Sec. B.1101(a)(6) of H.441 (2009). * * * (f) In FY 2010, $2,150,000 general fund to the entrepreneurs seed capital fund, pursuant to Sec. B.1101(a)(12) of H.441 (2009). EXPLANATION: (1) The entrepreneurs seed capital fund, managed by VEDA, will get the same amount of general fund instead of ARRA funding. (2) Clarifies that subsection (d) of Sec. 112 is not an ARRA appropriation. Sec. 64. Sec. B.1101 of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: Sec. B.1101 FISCAL YEAR 2010 ONE TIME APPROPRIATIONS (a) In fiscal year 2010, the following amounts are appropriated from the general fund: * * * (12) To the secretary of administration for transfer to the entrepreneurs seed capital fund. $2,150,000 (13) To the State Treasurer for deposit into the Other Post-Employment Benefit Trust Fund (Deptid 1265025000) for the State Employees Retirement Defined Benefit System. $965,000

(14) To the military department, division of veterans affairs for Supplemental Assistance to Survivors (Deptid 2150890501) to be used in accordance with the guidelines as set forth in Sec. 72b of No. 66 of the Acts of 2003, as amended by Sec. 16 of No. 80 of No. 80 and Sec. 72 of No. 122 of 2004. $30,000 (b) In fiscal year 2010 the following amounts are appropriated to the secretary of administration (DeptID 1100020000) from the American Recovery and Reinvestment: State Fiscal Stabilization Fund Government Services Fund., and transferred and expended in the following manner: (1) Appropriated for For economic development activities as specified on in Sec. D.109 of this act and H.313 of 2009 to further job creation in Vermont. $3,400,000 $1,250,000 (2) To Transferred to the department of economic development for the program operations of the Vermont Training Program. $200,000 (3) To Transferred to the department of tourism and marketing. $500,000 (4) Transferred to the department of public safety state police in Sec. B.209 of this act, as amended $6,550,000 (5) Transferred to education adjusted education payment in Sec. B.505 of this act, as amended $38,575,036 EXPLANATION: 1. The entrepreneurs seed capital fund, managed by VEDA, will get the same amount of general fund instead of ARRA funding; 2. The Other Post-Employment Benefit Trust Fund for the Vermont State Employees Retirement Defined Benefit System (System) pays certain health care costs for retirees in the System. The Treasurer s Office has estimated that this increased amount of funding is needed to cover additional health care costs due to the retirement incentive. 3. The Supplemental Assistance to Survivors Fund provides financial assistance to families of members of the Vermont National Guard and Reserve on active duty. The fund s current balance is less than $5,000 and should be increased in view of the large deployment of Vermont soldiers. 4. The State Fiscal Stabilization Fund (SFSF) Government Services component of ARRA comes to the Governor s Office instead of directly to the state Departments and programs. Therefore, SFSF funds are being re-designated as ARRA appropriations to the Secretary of Administration for transfer to the receiving entities. 5. The department of public safety state police will receive the $2,150,000 ARRA Interdepartmental transfer originally directed to the entrepreneurs seed capital fund (and is relinquishing an equal amount of general fund). Sec. 65. Sec. D.108(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) The governor is authorized to submit an application as soon as practicable for Vermont s share of the American Recovery and Reinvestment Act (ARRA) State Fiscal Stabilization Fund Program (SFSF) consistent with the intent of the act and this section. $38,575,036, which is one-half of Vermont s SFSF, funds is appropriated available to school districts as part of the funding of the state s adjusted education payment under Sec. B. 505 of this act. EXPLANATION: The ARRA funds paid to school districts as part of the Adjusted Education Payment appropriation are received by the Department of Education via an inter-unit transfer from the Secretary of Administration s ARRA SFSF appropriation. This amendment adjusts the language to accurately reflect cash flow. Sec. 66. Sec. D.109(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) The governor is authorized to submit an application as soon as practicable for Vermont s share of the American Recovery and Reinvestment Act (ARRA) State Fiscal Stabilization Fund Program (SFSF) consistent with the intent of the act and as indicated below:

(1) For Vermont s SFSF government services fund designated for education, public safety, and other government services, estimated at $17,165,683, $8,500,000 is appropriated for fiscal year 2010 in Sec. B.1101(b)(1)-(4) of this act which specifies: (A) $3,400,000 $1,250,000 is appropriated to fund the activities specified in H.313 of 2009 (An Act Relating to the Vermont Recovery and Reinvestment Act of 2009) to further job creation in Vermont as follows: (i) $2,150,000 to the Vermont Economic Development Authority to provide venture capital to Vermont businesses. (ii) $1,000,000 to the Vermont Economic Development Authority for interest rate subsidies through the Vermont Jobs Fund. (iii) (ii) $100,000 to the secretary of administration for a grant to the Vermont Sustainable Jobs Funds Fund for the Farm-to-Plate Investment program. (iv) (iii) $150,000 to the secretary of administration for a grant to the Vermont Sustainable Jobs Funds Fund for operations of the fund. (B) $200,000 to the department of economic development for the program operations of the Vermont Training Program. (C) $500,000 shall be appropriated to the department of tourism and marketing. (D) $4,400,000 $6,550,000 shall be appropriated to the department of public safety-state police. EXPLANATION: Specifies the distribution of ARRA State Fiscal Stabilization Fund Government Services Fund that is appropriated to the Secretary of Administration in Sec.B.1101(b). Sec. 67. CARRY FORWARD AUTHORITY (a) Notwithstanding any other provisions of law and subject to the approval of the secretary of administration, general, transportation and education fund appropriations remaining unexpended on June 30, 2010 in the executive branch of state government shall be carried forward and shall be designated for expenditure. (b) Notwithstanding any other provisions of law, general and transportation fund appropriations remaining unexpended on June 30, 2010 in the legislative and judicial branches of state government shall be carried forward and shall be designated for expenditure. EXPLANATION: Standard language. Sec. 68. GENERAL FUND SAVINGS; LEGISLATIVE APPROVAL (a) Notwithstanding Sec. 10(b) of No. 2 of the Acts of 2009 (Spec. Sess.), the general assembly hereby approves the $1,300,000 general fund reduction to FY 2010 operating expense appropriations as presented on the schedule titled Plan of Recommendation for FY 2010 Operating Expense Appropriation Reductions, pursuant to Sec. 10(b) of No. 2 of the Acts of 2009 (Spec. Sess.), dated December 15, 2009 and filed with the Joint Fiscal Committee. EXPLANATION: While the statute requires submission of a plan of recommendation to the Joint Fiscal Committee, the Commissioner of Finance and Management on December 1, 2009 requested of the Joint Fiscal Committee that the Plan to achieve $1.3M by alternate reductions be presented to the General Assembly as part of the FY 2010 Budget Adjustment. The Plan allocates $1.3M GF reductions to operating expense appropriations.

Sec. 69. Sec. D.101(b) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (b) In fiscal year 2010, to the extent general fund budget stabilization reserve has not attained its statutory maximum, an amount necessary to attain said reserve up to $3,300,000 shall be transferred $16,215,719 from the human services caseload management reserve established under 32 V.S.A. 308b shall be unreserved and made available for appropriation for agency of human services caseload related needs, including in the department of corrections. EXPLANATION: Making the human services caseload management reserve available for human services appropriations permits $2.7M of general fund to be placed in the general fund budget stabilization reserve to achieve full funding. Sec. 70. Sec. H.1(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) Of the funds appropriated to the department of taxes in this act, $535,000 $200,000 is for the purpose of hiring nine five full-time limited service employees to augment the department s compliance division. The department shall use the funds so appropriated to hire four three tax field examiners, two one desk audit examiners examiner, one collector, one desk audit supervisor, and either one attorney or a second collector. EXPLANATION: Due to turnover in the Tax Commissioner position and current administrative constraints (time to interview and hire) the department is only able to utilize five of the nine positions provided by the legislature in FY10. The funds remaining in the base budget are necessary to meet general operating needs. Sec. 71. Sec. 14 of No. 2 of the Acts of 2009 (Spec. Sess.) is amended to read: Sec 14. NORTH LINK FUNDING In fiscal year 2010, $500,000.00 is appropriated from the general fund to the Vermont Telecommunications Authority, $250,000.00 of which is to be used only for financing a transaction with Northern Enterprises, Inc. ( North Link ) for purchase or capital lease of infrastructure to support provision of broadband or cellular services in areas of the state now unserved; and the purchase or lease shall be on commercially reasonable terms agreeable to both parties. EXPLANATION: Sec. B.101. of Act 1 of the 2009 Special Session appropriated $750K to DII to be granted to the Vermont Telecommunications Authority (VTA). Only $400K was transferred from the general fund to the Information Technology Internal Service Fund to fund this appropriation, with the remainder ($350K) to be recovered from PSB penalties assessed on FairPoint. Due to the FairPoint bankruptcy, the $350K is not forthcoming and will likely never materialize. We would like to redirect $250K of the $500K FY10 general funds appropriated to the VTA for the North Link Project to the VTA for operations. We will issue a grant agreement for $250K of VTA FY 2010 capital funds to the North Link Project so that there will be no net change to North Link s funding. Sec. B.102 is amended to reduce the $750K appropriation in that section to $500K, so that the total for VTA remains $750K. Sec. 72. Sec. D.100(a)(1) and (3) of No. 1 of the Acts of 2009 (Spec. Sess.) are amended to read: (1) The sum of $314,503 $217,000 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program. Notwithstanding 32 V.S.A. 9610(c), amounts above $314,503 $217,000

from the property transfer tax that are deposited into the property valuation and review administration special fund shall be transferred into the general fund. EXPLANATION: Reduces the appropriation from the property valuation and review administration special fund to be consistent with the November 12, 2009 Emergency Board FY 2010 revenue forecast and 32 V.S.A. 9610(c). (3) The sum of $3,449,427 $3,040,727 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. 4306(a), amounts above $3,449,427 $3,040,727 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The sum of $3,449,427 $3,040,727 shall be allocated as follows: (A) $2,632,027 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. 4306(b); (B) $408,700 for disbursement to municipalities in a manner consistent with 24 V.S.A. 4306(b); (C) $408,700 to the Vermont center for geographic information. EXPLANATION: Grants for municipal planning are eliminated for FY 2010. These grants are funded through the property transfer tax. Normally in the Fall, a Request for Proposals for these grants is sent out by ACCD. This Fall ACCD did not send out a Request for Proposals and there has been no reaction from towns. The Regional Planning Commissions were consulted by ACCD and they did not have a problem if the grants were not done in FY 2010, according to ACCD. Sec. 73. 32 V.S.A. Sec. 511 is amended to read: Sec. 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 secretary of administration 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. Excess federal receipts, whenever possible, shall be utilized to reduce the expenditure of state funds. The secretary of administration 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. EXPLANATION: The Commissioner of Finance and Management provides the substantive review of excess receipts requests. Sec. 74. 32 V.S.A. Sec. 555(4)(A) is amended to read: (A) All monies to be expended from a special fund shall be appropriated annually by the general assembly, or allocated pursuant to the authority granted by the general assembly to the secretary of administration commissioner of finance and management with regard to excess receipts, except when the state responsibility relative to the special fund is solely for the transference of monies between nonstate entities as determined by the commissioner. No appropriation authorization shall carry forward beyond the fiscal year for which it was granted, except for properly encumbered payments and refunds of prior year expenditures. EXPLANATION: The Commissioner of Finance and Management provides the substantive review of excess receipts requests.

Sec. 75. 13 V.S.A. Sec. 5239(b)(4) is amended to read: (4) All monies to be expended from the fund shall be appropriated annually by the general assembly, or allocated pursuant to the authority granted by the general assembly of to the secretary of administration commissioner of finance and management with regard to excess receipts. EXPLANATION: The Commissioner of Finance and Management provides the substantive review of excess receipts requests. Sec. 76. GLOBAL COMMITMENT APPROPRIATIONS; TRANSFER; REPORT (a) In order to facilitate the end-of-year closeout for fiscal year 2010, the secretary of the agency of human services, with approval from the secretary of administration, may make transfers among the appropriations authorized for Medicaid and Medicaid-waiver program expenses, including Global Commitment appropriations outside of the agency of human services. At least three business days prior to any transfer, the agency shall submit to the joint fiscal office a proposal of transfers to be made pursuant to this section. A final report on all transfers made under this section shall be made to the joint fiscal committee for review at the September 2010 meeting. The purpose of this section is to provide the agency with limited authority to modify the appropriations to comply with the terms and conditions of the Global Commitment for Health waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act. EXPLANATION: Repeat and continuation of language found most recently in 2009 Act 4 Sec 112 (the FY 2009 Budget Adjustment). Sec. 77. Sec. E.338(d) of No. 1 of the Acts of 2009 (Spec. Sess.) is added to read: (d) In fiscal year 2010, the secretary of administration may upon recommendation of commissioner of corrections transfer unexpended funds between the respective appropriations for correctional services and for correctional services out-of-state beds. At least three days prior to any such transfer being made, the secretary shall report the intended transfer to the joint fiscal office and shall report any completed transfers to the joint fiscal committee at its next scheduled meeting. EXPLANATION: The same authority was included last year in 2009 Act 4 Sec. 110 (the FY 2009 Budget Adjustment) to afford flexibility to transfer funds between correctional services and the out-of-state beds appropriations. Sec. 78. REPEALS (a) 10 V.S.A. Sec 6654(f)(6) (fiscal information relating to brownfield remediation activities) is repealed. EXPLANATION: The Joint Fiscal Committee has determined that it has no continuing need for this report. (Other statutory recipients are the Senate Committees on Economic Development, Housing and General Affairs, and on Natural Resources; and the House Committees on Commerce and on Natural Resources and Energy.) (b) 28 V.S.A. Sec. 761(a)(3) (activities of offender work programs board) is repealed. EXPLANATION: The Joint Fiscal Committee has determined that it has no continuing need for this

report. (The other statutory recipient is the Commissioner of Corrections, who has earlier indicated he has no need for the report.) (c) 28 V.S.A. Sec. 761(b)(2) (maximum level of offender work program activity in each market segment) is repealed. EXPLANATION: The Joint Fiscal Committee has determined that it has no continuing need for this report. Sec. 79. Sec. 146(d) of No. 122 of the Acts of 2004 is amended to read: (d) Prior to the implementation of new programs or expansion of existing programs resulting from federal approval of an 1115 waiver for community-based long-term care, the agency of human services and the department of aging and disabilities shall seek approval from the general assembly or the joint fiscal committee if the general assembly is not in session. The request for approval shall provide an analysis of the programs to be implemented and the impact on the nursing home industry in Vermont. EXPLANATION: The Joint Fiscal Committee has determined that it has no continuing need for this report. (The Joint Fiscal Committee receives the report when the General Assembly is not in session.) Sec. 80. REPEAL (a) Sec. E.100(a) of No. 1 of the Acts of 2009 (Spec. Sess.) (Global Commitment appropriation) is repealed. EXPLANATION: Global Commitment funds were removed from the Governor s recommended budget for Budget and Management by the legislature but the supporting language was never eliminated in Sec. E.100(a). Sec. 81. Sec. E.104(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) Pursuant to 32 V.S.A. 307(e), financial management fund charges not to exceed $6,111,582, plus the costs of fiscal year 2010 salary increases bargained as part of the state/vsea agreement, are hereby approved. Of this amount, $1,343,908 $1,339,902, plus the costs of fiscal year 2010 salary increases bargained as part of the state/vsea agreement, shall be used to support the HCM system that is operated by the department of information and innovation. EXPLANATION: Adjust HCM s portion of the VISION charges to account for the excess funding that was transferred from Financial Operation to DII during the transfer of Position # 020040. Sec. 82. Sec. E.111(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) The $1,950,000 $2,408,340 interdepartmental transfer in this appropriation shall be from the general bond fund appropriation in 2009 H.445 Sec. 1(8). EXPLANATION: The FY10 rescission moved the entire appropriation onto the general bond fund. This amendment adjusts the language accordingly.

Sec. 83. Sec. B.1103(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) The secretary of administration shall reduce fiscal year 2010 general and transportation fund appropriations consistent with expenditure reductions, including reductions in positions, and is authorized to substitute appropriation adjustments in other funds and to effect fund transfers to the general and transportation funds to achieve these amounts. The general fund appropriation reduction shall be $14,700,000 and the transportation fund reduction shall be $1,400,000 and shall be made in accordance with the provision of Sec. E.1103 of this act. EXPLANATION: Sec. E.1103 was repealed in Act 2 (Spec. Sess.) Sec. 11, and the rest of Sec. B.1103(a) pertaining to GF was effectively replaced by Act 2 (Spec. Sess.) Sec. 10. The $1.4M transportation fund reduction remains valid. Sec. 84. 20 V.S.A. Sec. 2063(c)(2) is amended to read: (2) After the first $200,00.00 $200,000.00 of fees paid each year under this section are placed in the criminal history record check fund, all additional fees paid during that year under this section shall go to the general fund. EXPLANATION: Typographical error in the V.S.A. Sec. 85. Sec. E.1100(a) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (a) The $3,293,000 appropriated in Sec. B.1100(a)(1) of this act from the next generation initiative fund, created in 16 V.S.A. 2887, shall be as follows: (1) Workforce development: $1,415,500 $2,063,500 as follows: * * * EXPLANATION: Arithmetic error. Sec. 86. 10 V.S.A. Sec. 6523(h)(4) is amended to read: (4) $2 million for a public-serving institution efficiency and renewable energy program that may include grants and loans and create a revolving loan fund. For the purpose of this subsection, "publicserving institution" means government buildings and nonprofit public and private universities, colleges, and hospitals. In this program, awards shall be made through a competitive bid process. On or before January 15, 2011, the treasurer clean energy development board shall report to the general assembly on the status of this program, including each award made and, for each such award, the expected energy savings or generation and the actual energy savings or generation achieved. EXPLANATION: The clean energy development board has responsibility for the clean energy development fund. Sec. 87. Sec. 5.006(h) of No. 192 of the Acts of 2008 is amended to read: (h) The secretary of administration is directed to reduce operating expense general fund appropriations throughout the executive branch of state government by $60,000 for discretionary expenditures such as calendars and logo printed items, or substitute a $60,000 transfer to the general fund.

EXPLANATION: This transfer from the Facilities Operations Internal Services Fund was effected on June 29, 2009, has the same benefit to the general fund as an appropriation reduction. Sec. 88. Sec. 4 of No. 12 of the Acts of 2009 is amended to read: Sec. 4. SUNSET The amendments in Sec. 1 of this act (juvenile court diversion project) and Sec. 2 of this act (adult court diversion project) shall be repealed on July 1, 2011, at which time language shall return to its previous form. EXPLANATION: The unintended consequence of the language in Sec. 4 is that the underlying statutory language would be repealed on July 1, 2011, not just the amendment to it. Sec. 89. 32 V.S.A. Sec. 305a(c) is amended to read: c) The January estimates shall include estimated caseloads and estimated per member per month expenditures for the current and next succeeding fiscal years for each Medicaid enrollment group as defined by the agency and the joint fiscal office for state health care assistance programs or premium assistance programs supported by the state health care resources and Global Commitment funds, for VermontRx, and for the programs under the Choices for Care Medicaid Section 1115 waiver. For VPharm, the January estimates shall include estimated caseloads and estimated per-member permonth expenditures for the current and next succeeding fiscal years by income category. The January estimates shall include the expenditures for the current and next succeeding fiscal years for the Medicare Part D phased-down state contribution payment and for the disproportionate share hospital payments. In July, the administration and the joint fiscal office shall make a report to the emergency board on the most recently ended fiscal year for all Medicaid and Medicaid-related programs, including caseload and expenditure information for each Medicaid eligibility group. Based on this report, the emergency board may adopt revised estimates for the current and next succeeding fiscal year and estimates for the next succeeding fiscal year. EXPLANATION: At the time of the July Emergency Board meeting, only current Medicaid caseload and expenditure estimates exist (set at the preceding January Emergency Board meeting); therefore, only current estimates can be revised. If the Emergency Board in July wants to adopt estimates for the next fiscal year, they would be newly adopted. Sec. 90. Secs. C.106(b) and (c) of No. 1 of the Acts of 2009 (Spec. Sess.), as amended by Sec. 27 of No. 2 of the Acts of 2009 (Spec. Sess.), are further amended to read: (b) After the general fund budget stabilization reserve attains its statutory maximum, notwithstanding 32 V.S.A. Sec. 308c(a), any additional unreserved and undesignated general fund balance not to exceed $3,321,444 shall be retained in the general fund, and that amount shall be reduced from the amount of the special fund assessment in Sec. D.101(a)(4) of this act. (c) After satisfying subsection (b) of this section, any additional unreserved and undesignated general fund balance shall be reserved in the revenue shortfall reserve established in 32 V.S.A. Sec. 308(d) 308d. EXPLANATION: (1) In (b), the notwithstanding language permits the specified amount to remain in the general fund, instead of being transferred to the GF surplus reserve, as would otherwise be required by 32 V.S.A. Sec. 308c(a). (2) In (c), typographical error.

Sec. 91. 18 V.S.A. Sec. 9352(c) is amended to read: (c) Health information exchange operation. VITL shall be designated in the health information technology plan pursuant to section 9351 of this title to operate the exclusive statewide health information exchange network for this state. The secretary of administration or designee shall enter into procurement grant agreements with VITL pursuant to sec. 4089k of Title 8. Nothing in this chapter shall impede local community providers from the exchange of electronic medical data. EXPLANATION: This language was inadvertently omitted when the original VITL statute was repealed and then re-written in Act 61 of 2009 to reflect new VITL responsibilities. This language will enable the State to continue its grant relationship with VITL. Sec. 92. LIHEAP HOUSEHOLD INCOME ELIGIBILITY REQUIREMENTS; EFFECTIVE DATE (a) The amendments to 33 V.S.A. Sec. 2604(a)(1) and (2) in Sec. 108 of No. 4 of the Acts of 2009 shall be effective July 1, 2008. EXPLANATION: Specifies the date for commencement of the amended eligibility requirements, consistent with legislative intent. Sec. 93. 18 V.S.A. Sec. 4474c(b) is amended to read: (b) This chapter shall not be construed to require that coverage or reimbursement for the use of marijuana for symptom relief be provided by: (1) a health insurer as defined by section 9402 of this title, or any insurance company regulated under Title 8; (2) Medicaid, Vermont health access plan, and any other public health care assistance program; (3) an employer; or (3) (4) for purposes of workers' compensation, an employer as defined in subdivision 601(3) of Title 21. EXPLANATION: Current statutory reference exempting health insurer as defined by section 9402 of this title, or any insurance company regulated under Title 8 does not specifically encompass Vermont s publicly funded health care programs. Legislative intent was to exempt them. Sec. 94. Sec. E.301(b) of No. 1 of the Acts of 2009 (Spec. Sess.) is amended to read: (b) In addition to the state funds appropriated in this section, a total estimated sum of $29,674,577 $29,529,608 is anticipated to be certified as state matching funds under the Global Commitment as follows: (1) $12,279,600 $12,166,200 certified state match available from local education agencies for eligible special education school-based Medicaid services under the Global Commitment. This amount combined with $28,220,400 $28,333,800 of federal funds appropriated in Sec. B.301 equals a total estimated expenditure of $40,500,000. An amount equal to the amount of the federal matching funds for eligible special education school-based Medicaid services under Global Commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. Sec. 2959a.

* * * (3) $3,418,532 $1,659,944 certified state match available from local education and social service agencies for eligible services provided to eligible persons through children s collaborative services programs as allowed by federal regulation for early periodic screening, diagnosis and treatment programs for school-aged children. (4) $1,727,019 certified state match available via the University of Vermont s child health improvement program for quality improvement initiatives for the Medicaid program. (5) $5,020,198 certified state match available from local designated mental health and developmental services agencies for eligible mental health services provided under the Global Commitment. EXPLANATION: Certified revenues included in the Big Bill are developed in November of the prior year. These revenue estimates are revised over the course of the year, and the BAA reflects the current estimates, as well as identifying the two programs previously combined in subdivision (3). Sec. 95. EFFECTIVE DATES (a) This act shall take effect upon passage, except the repeal of the Catamount Plan expansion in Sec. 60(a) and the repeal of Secs. 22 and 24 referred to in Sec. 60(b) shall take effect March 31, 2010, and the repeal of Sec. 23 referred to in Sec. 60(b) shall take effect January 1, 2010.