Vermont Business Magazine Governor Phil Scott announced Thursday that he has now acted on all bills passed by the General Assembly this session, including the massive transportation bill (H736) and budget (H740). However, he let H720, An act relating to the system of care for individuals with developmental disabilities, become law without his signature because of a "significant error" in what he views as an important bill. While he hopes and expects this to be corrected next January, he took lawmakers to task for many "egregious" errors in various pieces of legislation. He said the Legislature pushed through bills, many at the end of the session, in a rush to adjourn.
On June 9, Governor Scott signed bills of the following titles:
- H.736, An act relating to the Transportation Program and miscellaneous changes to laws related to transportation
- H.740, An act relating to making appropriations for the support of government
When signing H.740, Governor Scott made the following statement: “The investments we made this year will make a difference for Vermonters, building stronger communities, providing some tax relief, supporting kids and families and helping address long-term challenges like our workforce shortage and regional economic inequity. I know far too many Vermonters are struggling with the high cost of living and employers are struggling to fill good jobs. Our work will not be easy, and these investments will not solve every problem, but this budget will do a lot of good, and we are committed to doing all we can to help our state recover and grow stronger.”
For more information on H.740, view the Governor’s press release here.
On June 9, Governor Phil Scott allowed H.720 to go into law without his signature and sent the following letter to the General Assembly:
June 9, 2022
Vermont General Assembly
115 State Street
Montpelier, VT 05633
Re: H.720, AN ACT RELATING TO THE SYSTEM OF CARE FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
Dear Legislators:
I am letting H.720, An act relating to the system of care for individuals with developmental disabilities go into law without my signature, though I could have vetoed it due to a significant error.
Specifically, and as acknowledged in the letter, dated June 2 to me (available here) from the H.720 Committee of Conference, Section 6 does not contain the correct language and does not reflect legislative intent. Instead, this section of the bill includes language that the Committee of Conference rejected, meaning the incorrect language – which was not agreed to through the proper legislative process – will be written into law.
It is not good practice, nor good government, to allow legislation with errors to become law, even with documented intent to fix the error. But I believe H.720 is important to some of our most vulnerable Vermonters with developmental disabilities and their families, so I will allow it to become law without my signature.
There is a bigger issue at play here as well: While the error in H.720 is perhaps the most egregious made by the Legislature this year, it is not the only one. I chalk this up to numerous bills, some more important than others, being allowed to languish until the final days of the session, and a poorly managed rush towards adjournment. It is my most sincere hope the new Legislature that convenes in January will resolve to have a better managed process with greater attention to detail.
Having expressed these concerns, I know good working relationships require trust. So, I will trust legislative leadership to keep their commitment to correct the H.720 error in January.
In good faith,
Philip B. Scott
Governor
PBS/kp
c: Senator Cheryl Mazzariello Hooker
Senator Ruth Ellen Hardy
Senator Joshua C. Terenzini
Representative Theresa A. Wood
Representative Francis M. McFaun
Representative Daniel Noyes
Representative Jill Krowinski, Speaker of the House
Senator Rebecca A. Balint, President Pro Tempore of the Senate
Representative Ann D. Pugh, Chair, House Committee on Human Services
Senator Virginia V. Lyons, Chair, Senate Committee on Health and Welfare
H720 Joint Fiscal Office Bill Summary
The bill proposes several initiatives for improving the system of care for Vermonters with developmental disabilities and includes two allocations from the Home- and Community-Based Services (HCBS) Enhanced Federal Medical Assistance Percent (FMAP) funding to the Department of Disabilities, Aging, and Independent Living (DAIL).
-
$102,000 to fund a Residential Program Developer (limited-service) position.
-
$500,000 to develop housing and residential services pilot planning grants in at least three regions of the State.
Sec. 4 would create a limited-service position of the Residential Program Developer within DAIL. It is estimated this position would cost between $85,000 to $120,000 per year (including wages, benefits, and other associated costs). Sec. 4 includes an allocation of $102,000 to DAIL from the HCBS FMAP monies.
Sec. 5 includes an allocation of $500,000 to DAIL from the HCBS FMAP monies to develop housing and residential service pilot planning grants in at least three regions of the State, in partnership with the designated and specialized service agencies, for individuals with developmental disabilities and their families.
Sec. 5 also requires DAIL to convene a nine-member steering committee to provide advice and guidance as it develops and selects the pilot planning grants. Steering committee members would be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than eight meetings. Assuming all nine-members attend eight meetings, these per diem cost would be $9,090. This expense is minimal and can be absorbed within DAIL’s budget. As such, no appropriation would be required. The steering committee would sunset on January 1, 2024.
Sec. 7 would require the Agency of Human Services (AHS) to seek to amend its federal Home-and Community-Based Service Spending Plan to enable DAIL to use Global Commitment HCBS FMAP monies to fund the new Residential Program Developer position created in Sec. 4 and the pilot planning grants in Sec. 5.
Fiscal Summary
The bill includes two allocations to DAIL from the HCBS FMAP monies.
-
Sec. 4 - $102,000 to create a limited service position.
-
Sec. 5 - $500,000 to develop housing and residential service pilot planning grants in at least three
regions in the state.
Governor Scott has now acted on all bills passed by the Legislature during the 2022 legislative session. To view a complete list of action on bills passed during the 2022 legislative session, click here.
Source: Montpelier, Vt. - Governor 6.10.2022