OLR Bill Analysis

HB 5545 (as amended by House A)*

Emergency Certification

AN ACT CONCERNING DEFICIT MITIGATION FOR THE FISCAL YEAR ENDING JUNE 30, 2010.

SUMMARY:

This bill reduces appropriations for state programs and purposes for FY 10 and FY 11; transfers funds from various special funds and accounts to the General Fund for FY 10 and FY 11; and reduces and adjusts several state medical assistance and other social services programs.

The bill increases fines for various motor vehicle offenses; decreases fees for resident and nonresident hunting, fishing, and other sportsman's licenses; and caps camping and state park fees. It establishes a nonlapsing General Fund maintenance, repair, and improvement account for state parks.

The bill adjusts transfers between the Budget Reserve (“rainy day”) Fund and the General Fund and between the General Fund and Special Transportation Fund.

A section-by-section analysis appears below.

*House “A” strikes the underlying bill and substitutes the provisions described in this analysis.

EFFECTIVE DATE: Upon passage unless otherwise noted below.

1-3 — APPROPRIATIONS FOR FY 10 AND FY 11

Please refer to the Office of Fiscal Analysis fiscal note for a detailed explanation of these sections.

4 & 73 — TRANSFERS TO THE GENERAL FUND

The bill transfers money from various special funds and accounts to General Fund revenue for FY 10 as shown in Table 1. On or after January 1 2011, the bill also transfers $ 10 million from the Citizen's Election Fund to the General Fund for FY 11.

Table 1: Transfers to the General Fund for FY 10

From

Amount

Tobacco and Heath Trust Fund

$ 5,000,000

Biomedical Research Fund

3,500,000

Public, Educational, and Governmental Programming and Education Technology Investment Account

2,300,000

Emissions Enterprise Fund

1,000,000

Conservation Fund, Environmental Quality Fund, & Clean Air Act account

Any balances remaining after completing transfers required in the budget act and this bill

Community Investment Account

5,000,000 (see below)

Federal Emergency Management Administration (FEMA) account administered by OPM

Balance remaining

Correction Commissaries Account

1,200,000

Commercial Recording Account

Unspent balance

DECD for Home CT

380,000

OPM for administration and funding of the Housing Incentive Zone program

397,602

The Community Investment account is funded by a $ 40 fee for each document recorded in municipal land records. Municipalities retain $ 4 of the fee and send the balance to the state for deposit in the account. Money from the account is distributed quarterly to the Commission on Culture and Tourism, the Connecticut Housing Finance Authority, and the departments of Environmental Protection and Agriculture. They must use the funds for purposes specified in the law.

For the quarter ending June 30, 2010, the bill requires $ 5 million from the account to go to the General Fund before the reminder is distributed.

5 — OPERATION FUEL ENERGY ASSISTANCE PROGRAM

The bill reduces, by $ 1 million, an appropriation to the Office of Policy and Management (OPM) for an emergency energy assistance program for Connecticut households with incomes between 200% of the federal poverty level and 100% of the state median household income that cannot make timely payments on deliverable fuel, electricity, or natural gas bills. Under the program, Operation Fuel, Incorporated pays the assistance directly to the fuel vendor, electric or gas company, or municipal electric or gas utility.

Operation Fuel is a nonprofit organization that serves people who are not eligible for publicly funded energy assistance.

6 — BANKING FUND TRANSFER

The bill transfers the following amounts, exclusive of assessments, from the Banking Fund to the General Fund: $ 15 million for FY 10 and $ 11. 6 million for FY 11.

7 — RETIRED TEACHERS' HEALTH SERVICES

The bill reduces an appropriation to the Teachers' Retirement Board for retired teachers' health services costs by $ 179,228, from $ 188,661 to $ 9,433. The funds were appropriated to cover a deficiency for FY 09 and were carried over for expenditure for the same purpose in FY 10.

8 — HUSKY B COST SHARING

The bill requires the same co-payments under HUSKY B as those in effect for active state employees enrolled in a point of enrollment (POE) health care plan. Currently, HUSKY B enrollees pay $ 5 co-payments for certain services, $ 25 for nonemergency emergency room visits, and none for others (e. g. , preventive care, hospital stays, and dental services). It is not clear whether these exemptions remain under the bill.

Most co-payments under the state employees POE plan are $ 10. Well-child visits and immunizations require no co-payments.

The bill limits the combined co-payments and premiums to no more than the family's annual aggregate cost-sharing requirement in law, which is 5% of a family's gross income in both state and federal law.

Currently, families in HUSKY B, Band 2 (incomes between 236% and 300% of the federal poverty level (FPL)) pay a maximum of $ 1,360 per year, regardless of where they are on the income continuum. This includes $ 760 for co-payments and $ 600 for premiums. Families with incomes between 185% and 235% of the FPL pay only co-payments, with a maximum of up to $ 760 annually.

9 — ELIMINATION OF PAYMENT OF ATTORNEY FEES FOR SUPPLEMENTAL SECURITY INCOME (SSI) APPEALS

Under current law, State Administered General Assistance (SAGA) cash assistance recipients and individuals eligible for both the State Supplement to SSI and Social Security Disability Income (SSDI)can appeal a decision denying or proposing to deny SSI benefits. The Department of Social Services (DSS) commissioner must advise SAGA recipients of their right to appeal and the availability of local legal counsel to help with the appeal. DSS reimburses the attorney's fees for both the SAGA recipients and Social Security benefit recipients, on a contingency basis, within limits DSS approves and the amount the Social Security Administration approves. The fees are not recoverable from the client or his or her estate.

The bill eliminates DSS' payment of the attorney fees for legal representation that begins after the bill passes. And it requires DSS to also notify Social Security beneficiaries of their right to appeal and the availability of legal counsel.

The payment of attorney fees for successful appeals can reduce the state's expenditures in the SAGA program since SSI replaces SAGA and is fully federally funded. SAGA is entirely state-funded.

Background – Federal Law Governing SSI Appeal Attorney Fees

Federal law permits attorneys representing individuals appealing SSI denials to recoup their fees when the appeal is successful. The federal government must approve the fee amount, which is deducted from the client's retroactive SSI award.

10 — CAPITATION PAYMENT DEADLINES

Under current law, DSS must pay, by July 30, 2011, all capitation claims under the HUSKY program that would otherwise be reimbursed to the managed care organizations (MCOs) in June 2011. The bill instead provides that (1) any payments due to the MCOs in May 2010 be paid by June 30, 2010 and (2) any subsequent payment the commissioner makes is due in the second month following the month to which the capitation applies.

DSS pays the three MCOs serving HUSKY and Charter Oak recipients a per-member, per-month capitation amount which is supposed to cover all of the costs associated with providing medical care to program enrollees.

11 — CHARTER OAK HEALTH PLAN; FREEZE IN PREMIUM ASSISTANCE

For FYs 10 and 11, the bill limits premium assistance in the Charter Oak program to those individuals enrolled in the program on April 30, 2010.

12 — ELIMINATION OF COVERAGE FOR OVER-THE-COUNTER (OTC) DRUGS

The bill provides that, regardless of any other law to the contrary, beginning May 1, 2010, DSS will stop paying for OTC drugs in any of its medical assistance programs, except for insulin and insulin syringes and anything else federal law requires.

Federal Medicaid law requires states to pay for OTC drugs for children under age 21, so HUSKY A children can still get these drugs.

Currently, DSS pays for selected OTC drugs in the Medicaid, HUSKY, SAGA, and Charter Oak Health Plan programs. It does not pay for them for ConnPACE recipients, except for insulin and insulin syringes. The drugs must be prescribed for a specific illness or condition by a licensed, authorized practitioner.

EFFECTIVE DATE: May 1, 2010

13 — DSS AUTHORIZED TO IMPLEMENT PROGRAMS BEFORE REGULATIONS ADOPTED

The bill permits DSS to implement policies and procedures necessary to administer various functions while in the process of adopting them in regulation. The DSS commissioner must print notice of intent to adopt the regulations in the Connecticut Law Journal within 20 days of implementing the provisions. The policies and procedures are valid until final regulations are adopted.

The bill authorizes DSS to do this for the following functions:

1. contracting with federally qualified health centers to provide medical care for SAGA beneficiaries (it already has the authority the bill provides);

2. reimbursing attorneys who appeal on behalf of SAGA beneficiaries a denial of federal Supplemental Security Income or a termination of benefits (it already has the authority the bill provides);

3. paying, by July 31, 1997, capitation claims that would otherwise have been reimbursed to managed care companies;

4. HUSKY B cost-sharing requirements (DSS has general authority to do this to implement HUSKY B, but not specific to cost-sharing);

5. premium assistance for Charter Oak Plan participants; and

6. eliminating most over-the-counter drug coverage under the DSS pharmacy program.

14 — PURCHASING CONTRACTS

The bill authorizes the Department of Administrative Services (DAS) commissioner, on the state's behalf, to purchase equipment, supplies, materials, and services by joining existing purchasing contracts in other states, Connecticut political subdivisions, nonprofit organizations, or public consortia. The state would be subject to the same contract terms and conditions as the other entities.

By law, the DAS commissioner can join with other governmental entities and nonprofit organizations to make cooperative purchases when doing so is in the best interest of the state but lacks the express authority to join an existing purchasing contract.

15 — GENERAL FUND TRANSFERS TO THE SPECIAL TRANSPORTATION FUND

The bill reduces the required FY 10 and FY 11 revenue transfers from the General Fund to the Special Transportation Fund. It reduces the FY 10 transfer by $ 10 million, from $ 81. 2 million to $ 71. 2 million, and the FY 11 and FY 12 transfers by $ 725,000 from $ 126 million to $ 125. 275 million.

16 — TRANSFERS TO GENERAL FUND FROM UCONN AND CSU OPERATING RESERVE FUNDS

The bill increases required transfers from the University of Connecticut's operating reserve account to the General Fund by $ 5 million for FY 10 and by $ 10 million for FY 11. It increases the FY 10 transfer from $ 3 million to $ 8 million and the FY 11 transfer from $ 5 million to $ 15 million.

The bill also transfers from Connecticut State University's operating reserve account to the General Fund, $ 1 million for FY 10 and $ 2 million for FY 11.

17 — BUDGET RESERVE FUND TRANSFERS TO THE GENERAL FUND FOR FY 10 AND FY 11

The bill changes the required transfers from the Budget Reserve (“Rainy Day”) Fund to the General Fund for FY 10 and FY 11. It (1) increases the FY 10 transfer by $ 238,774,880, from $ 1,039,700,000 to $ 1,278,474,880 and (2) makes a corresponding reduction in the FY 11 transfer, reducing it from $ 342 million to $ 103,225,120.

18 — STATE POLICE MEAL ALLOWANCE

The bill eliminates a statutory requirement that the state pay a meal allowance for state police personnel. It does not affect state meal allowances payable to personnel covered by a collective bargaining agreement requiring the allowance.

EFFECTIVE DATE: July 1, 2010

19 & 20 — ENVIRONMENTAL PROTECTION MAINTENANCE, REPAIR, AND IMPROVEMENT ACCOUNT

The bill establishes a separate, nonlapsing General Fund maintenance, repair, and improvement account, with separate subaccounts for each state park. The DEP commissioner must use the funds in each subaccount to repair, improve, and maintain property at the state park for which the subaccount was established. The commissioner can also use the money to build new structures. It transfers $ 1 million from the Conservation Fund to the new account for FY 10.

Unless the DEP commissioner makes a written agreement, signs an instrument, or issues a license stating otherwise, the bill requires the commissioner to deposit any money she collects from park users to rent state property for a special limited event such as a wedding or reception into the park's subaccount. It also allows the subaccounts to receive other private and public funds, including federal and municipal funds. The bill does not prevent the commissioner from obtaining and using money from sources outside the maintenance, repair, and improvement account to maintain and improve state park property and buildings. But funds from the account must be used only to supplement and not to replace state appropriations for general park operations.

Starting by October 1, 2010, the bill requires the DEP commissioner to report twice a year to the Office of Fiscal Analysis and post on the DEP website, (1) the amount received, itemized by subaccount; (2) the amount spent from the account for each state park; and (3) the projects funded.

21 — DEPARTMENT OF MOTOR VEHICLES REORGANIZATION PLAN

The bill requires the Department of Motor Vehicles (DMV) commissioner to report, by October 1, 2010, to the Transportation and Appropriations committees on recommendations for:

1. expanding technological options for, streamlining, and decentralizing the delivery of services DMV offers the public;

2. increasing public access to routine DMV services;

3. merging DMV's administrative services with those of other state agencies;

4. maintaining licensing security measures as federal law requires; and

5. reducing DMV's costs by other measures the commissioner suggests.

22 & 27 — MEDICAL NECESSITY

New Definition

The bill statutorily establishes a definition of “medically necessary” and “medical necessity” in DSS' medical assistance programs. The definition is:

Those health services required to prevent, identify, diagnose, treat, rehabilitate, or ameliorate an individual's medical condition, including mental illness, or its effect, in order to attain or maintain the individual's achievable health and independent functioning, provided such services are (1) consistent with generally accepted standards of medical practice that are defined as standards that are based on (a) credible scientific peer-reviewed medical literature that is generally recognized by the relevant medical community, (b) recommendations of a physician-specialty society, (c) the view of physicians practicing in relevant clinical areas, and (d) any other relevant factors; (2) clinically appropriate in terms of type, frequency, timing, sites, extent, and duration and considered effective for the individual's illness, injury, or disease; (3) not primarily for the convenience of the individual, the individual's health care provider, or other health care providers; (4) not more costly than an alternative service or sequence of services at least as likely to produce equivalent therapeutic or diagnostic results as to the diagnosis or treatment of the individual's illness, injury, or disease; and (5) based on an assessment of the individual and his or her medical condition.

DSS currently uses two medical necessity and medically necessary definitions in its medical assistance programs, neither of which is in statute. The SAGA medical assistance program regulations use the following definition:

Health services required to prevent, identify, diagnose, treat, rehabilitate, or ameliorate a health problem or its effects, or to maintain health and functioning, provided such services are:

1. consistent with generally accepted standards of medical practice;

2. clinically appropriate in terms of type, frequency, timing, site, and duration;

3. demonstrated through scientific evidence to be safe and effective and the least costly among similarly effective alternatives, where adequate scientific evidence exists; and

4. efficient in regard to the avoidance of waste and refraining from provision of services that, on the basis of the best available scientific evidence, are not likely to produce benefit.

DSS uses the following definition of medical necessity (also “medically necessary”) in the Medicaid fee-for-service, HUSKY, and Charter Oak Health Plan:

Health care provided to correct or diminish the adverse effects of a medical condition or mental illness; to assist an individual in attaining or maintaining an optimal level of health; to diagnose a condition or prevent a medical condition or prevent a medical condition from occurring.

Use of Clinical Guidelines

Under the bill, clinical and medical policies, clinical criteria, or any other generally accepted clinical practice guidelines used to assist in evaluating the medical necessity of a requested health services may be used solely as a guideline and cannot be the basis for a final medical necessity determination.

When Service Denied Based on Medical Necessity

The bill provides that if a request for authorization of services is denied based on medical necessity, the individual must be notified that, upon request, DSS will provide a copy of the specific guideline or criteria, or portion thereof, other than the medical necessity definition that DSS or any other entity acting for it considered when making a medical necessity determination.

Repealing Existing Regulations and Implementing Change While in Process of Adopting New Regulations

The bill permits DSS to amend or repeal any regulatory definition of medical necessity, including the definitions of medical appropriateness and medically appropriate, used in administering the “medical assistance program,” (presumably Medicaid, which is sometimes referred to as medical assistance in statute).

The bill requires the commissioner to implement policies and procedures to carry out the definition change while in the process of adopting them in regulation. He must publish notice of intent to adopt the regulations in the Connecticut Law Journal within 20 days of implementation. These policies and procedures are valid until the final regulations are adopted.

The bill eliminates language rendered obsolete by the above provisions.

Medical Inefficiency Committee

The bill increases from three to four, the number of members the Governor must appoint to the Medical Inefficiency Committee. It also specifies that the House Speaker and Senate President must jointly select the committee chairs from among its members. By law, the committee must (1) advise DSS on the amended definition of “medically necessary” and “medical necessity” and its implementation (see Section 22) and (2) to provide feedback to DSS and the legislature on its impact.

23 — SAGA POPULATION COVERED BY MEDICAID

The bill requires the DSS commissioner to submit a Medicaid state plan amendment to the federal Medicaid agency to extend Medicaid coverage to individuals currently enrolled in the state-funded SAGA medical assistance program. (The commissioner did this on April 6, 2010). If the amendment is approved, the commissioner must implement the coverage expansion.

The federal Patient Protection and Affordable Health Care Act permits states to extend Medicaid coverage to childless adults with incomes up to 133% of the federal poverty level (FPL, $ 14,403 annually for a single person), and states may begin this coverage as early as April 1, 2010. Currently, the SAGA medical assistance program covers individuals with income up to about 70% of the FPL.

The bill permits DSS to implement policies and procedures to administer these changes while in the process of adopting them in regulations.

It repeals language related to DSS obtaining a federal waiver to cover the SAGA population under Medicaid.

24 — LIMITS ON DSS PROVIDER BILLING

The bill limits what a provider enrolled in any medical assistance program DSS administers can bill the department for goods and services. The limit is the lowest amount the provider routinely accepts from any individual, class, group, or entity for a similar item or service.

25 — TUBERCULOSIS COVERAGE

The bill requires the DSS commissioner to amend the state Medicaid plan to provide coverage for tuberculosis (TB) treatment to anyone eligible, to the extent federal law permits. Currently, DPH's state-funded program provides anti-tuberculosis medications to clinicians; reimburses clinicians for TB diagnostic treatment and prevention services for the uninsured, regardless of their income or assets; and consults on TB case management and screening with local health departments, prisons, convalescent and nursing homes, schools, universities, and hospitals.

26 — CARRYFORWARD FOR COMMON LICENSING/PERMIT SERVICE

The bill carries forward to FY 11 the unspent balance, minus $ 37,857, of an appropriation to OPM for licensing and permit fees and transfers it to the Department of Information Technology to implement a common licensing/permit issuance service for state agencies during FY 11.

28 — EYEGLASS COVERAGE IN DSS MEDICAL ASSISTANCE PROGRAM

The bill prohibits DSS, to the extent federal law allows, from paying for more than one pair of eyeglasses per year under any of its medical assistance programs. Current Medicaid regulations state that DSS will pay for glasses when prescribed by a medical provider (e. g. , physician or optometrist), so clients who lose or break glasses can get another pair if they have a prescription.

The bill also requires DSS to use its best efforts to reduce optical device and service cost in these programs.

29 — LPN PROGRAMS AT VOCATIONAL-TECHNICAL SCHOOLS

By January 1, 2011, the bill requires the education commissioner and the vocational-technical school system superintendent to establish and administer licensed practical nurse programs at six vocational-technical schools. The school locations must be distributed on an equitable geographic basis throughout the state. The requirement applies unless the education commissioner notifies the Education Committee by November 1, 2010 that he will not establish the programs and the reasons why.

If the appropriation for the programs is too little to cover their costs, the bill allows program tuition to be increased to cover the shortfall.

30 — CARRYFORWARD FUNDING FOR CCAT

The bill carries the unspent balance of an FY 10 appropriation to the DECD for CCAT-CT Manufacturing Supply Chain over to FY 11 and requires the funds to be spent for the same purpose.

EFFECTIVE DATE: July 1, 2010

31 — TRANSFER FROM SMALL BUSINESS INCUBATOR ACCOUNT

The bill transfers $ 850,000 from the separate, nonlapsing Small Business Incubator account within the General Fund to unrestricted General Fund resources for FY 10.

32 — RIVERVIEW HOSPITAL PLAN

The bill requires the Department of Children and Families, by April 15, 2011 and in consultation with the Children's, Human Services, and Appropriations committees, to submit a plan to the General Assembly on the future of Riverview Hospital for Children and Youth.

33 — VETERINARY MEDICINE GRANTS

The bill requires the Department of Higher Education (DHE) to establish the Kirklyn M. Kerr program to provide grants for the study of veterinary medicine. To be eligible for a grant, a student must be (1) a Connecticut resident, (2) enrolled in an accredited veterinary graduate school, and (3) plan to practice veterinary medicine in Connecticut. The bill authorizes DHE to award up to five four-year grants per student class.

The per student grants have a maximum annual value of $ 20,000 with an absolute maximum of $ 80,000 over four years. Recipients must repay the grants, including interest, if they do not practice veterinary medicine in Connecticut for at least five years. They must begin practicing in Connecticut within six months of graduation, but DHE may allow a recipient to begin at a later date, designated by DHE, if the recipient intends to pursue additional training or education outside of Connecticut.

The percentage of the grant that must be repaid is determined by the number of years the student practices veterinary medicine in Connecticut:

1. 100% for less than one year,

2. 90% for one to less than two years,

3. 75% for two to less than three years,

4. 55% for three to less than four years, and

5. 35% for four to less than five years.

Students repaying a grant must (1) repay at least $ 50 per month and (2) complete repayment within five years. If repayment presents a hardship for the recipient, the DHE commissioner may (1) extend the repayment period to a maximum of seven years or (2) grant a deferment. A deferment period is not included in the repayment period, and interest does not accrue during a deferment. The commissioner may also forgive the debt if (1) the recipient dies, (2) the recipient becomes disabled, or (3) the debt is deemed uncollectible in accordance with generally accepted accounting principles.

Currently, DHE administers a program (also known as the Kirklyn M. Kerr program) that allows Connecticut residents to attend Iowa State University's College of Veterinary Medicine and pay in-state Iowa tuition. DHE determines each year the number of program participants, and Iowa State reserves a certain number of seats specifically for Connecticut residents.

34-49 & 64-72 & 74 — DEP FEES AND RELATED PROVISIONS

This bill decreases several sportsman's fees and caps camping and state park fees.

The bill also creates and allows for donations of at least $ 2 to the Connecticut Migratory Bird Conservation account.

The bill requires that funds accruing from any permit, tag, or stamp fees, excluding the migratory bird conservation stamp and fees paid by trappers and anglers, fund the programs and functions of the Bureau of Natural Resources within the Department of Environmental Protection (DEP) according to federal regulations. It also requires the DEP to submit an annual report to the federal Fish and Wildlife Service, detailing the funds raised, expenses, and spending purposes of sportsman's fees and stamps.

The bill requires the DEP commissioner to establish (1) procedures and business processes for using the internet and other means for communication to conduct transactions for licenses, permits, stamps, and tags and (2) a schedule of the parts of fees agents may retain.

The bill also increases, to $ 87 from $ 77, the fee for any violation of the sportsmen's statutes for which no other fee is specified.

Connecticut Migratory Bird Conservation Stamp and Donation

The bill decreases, from $ 15 to $ 13, the fee for purchasing a Connecticut Migratory Bird Conservation Stamp which a person must have to hunt waterfowl (CGS 26-27b). It also eliminates the (1) requirement that the stamp have the hunter's signature written in ink across the stamp's face, (2) July 1 issuance date, and (3) town clerks' ability to retain a $ . 50 fee for stamp issuance. It allows the DEP commissioner to set the issuance fee that agents may retain instead of the current $ . 50 fee. It requires the Citizens' Advisory Board for the Connecticut Migratory Bird Conservation Stamp to advise the commissioner on the expenditure of funds generated from the sale of stamps and art products.

The bill also creates and allows for additional donations of at least $ 2 to be deposited into the Voluntary Migratory Bird Conservation Donation subaccount, within the Connecticut Migratory Bird Conservation account. The account is a separate, non-lapsing account maintained by the state treasurer within the General Fund. Funds in the account must only be used for (1) developing, managing, preserving, conserving, acquiring, purchasing, and maintaining waterfowl habitat and wetlands or acquisition of related recreational rights or interests or (2) designing, producing, promoting, procuring, and selling prints and related artwork.

Decreased Sportsman's Fees and Supersport Licenses

Resident Sportsman's Licenses. The bill creates two new resident firearms supersport licenses: (1) all waters fishing, firearms hunting, firearms shotgun or rifle private land deer hunting, wild turkey hunting in spring on private land, and muzzleloading on private land for an $ 84 annual fee or (2) all waters fishing, firearms hunting, migratory bird conservation stamp, and migratory bird harvest permit for a $ 60 annual fee.

With two exceptions, the bill decreases resident sportsman's fees as shown in Table 2 (CGS 26-28). The exceptions are for resident firearms supersport fees, which the bill establishes.

Table 2: Resident Sportsman's License Fees

License

Current

Proposed

Resident firearms hunting

$ 28

$ 19

Resident fishing

40

28

One-day resident marine fishing

15

5

Resident all-waters fishing

50

32

Resident combination (inland waters fishing and firearms hunting)

56

38

Resident combination (marine water fishing and firearms hunting)

50

25

Resident combination (all waters fishing and firearms hunting)

60

38

Resident combination (all waters fishing and bow and arrow hunting)

84

65

Resident firearms supersport (all waters fishing, firearms hunting, and wild turkey in spring on private land)

116

80

Resident archery supersport (all waters fishing, bow and arrow hunting, and wild turkey on private land in spring)

104

82

Resident firearms supersport (all waters fishing, firearms hunting on private land or rifle deer permit, muzzleloader private land deer permit, wild turkey on private land in spring)

n/a

84

Resident firearms supersport (all waters fishing, firearms hunting, migratory bird conservation stamp, migratory bird harvest permit)

n/a

60

Resident trapping

50

34

Resident junior trapping

15

11

Junior firearms hunting

15

11

Firearms permit

28

19

Resident bow and arrow hunting

60

41

Bow and arrow hunting (age 12-16)

26

19

Nonresident Sportsman's Licenses. The bill decreases several nonresident sportsman's licenses as shown in Table 3 (CGS 26-28 and 26-86a-c).

Table 3: Nonresident Sportsman's License Fees

License

Current

Proposed

Non-resident firearms hunting

$ 134

$ 91

Non-resident inland waters fishing

80

55

Non-resident inland waters fishing, 3-day

32

22

Non-resident marine fishing

60

15

Non-resident marine fishing, 3-day

24

8

Non-resident all waters fishing

100

63

Non-resident combination (firearms hunting and inlands fishing)

176

110

Non-resident combination (firearms hunting and all waters fishing)

190

120

Non-resident combination (firearms hunting and marine fishing)

170

94

Non-resident firearms permit

100

68

Non-resident bow and arrow hunting

200

135

Other Sportsman's Licenses. The bill decreases several other sportsman's licenses, as shown in Table 4.

Table 4: Other Sportsman's License Fees

CGS

License

Current

Proposed

26-37

Duplicate license

$ 15

$ 11

26-39

Organized hound pack hunting

70

48

26-40

Wild game or wild game bird breeding

42

27

26-42

Fur buying (non-resident)

84

55

 

Fur buying (authorized agent of resident)

56

35

26-45

Bait dealer

100

63

26-48

Private shooting preserve

100

63

26-48a

Turkey stamp

28

19

26-48a

Migratory game bird

15

13

26-48a

Salmon stamp

56

28

26-48a

Wild turkey permit

28

19

26-49b

Hunting dog training area

28

18

26-51

Field dog trial

15

9

26-52

Field dog trial (state land)

56

35

26-52

Field dog trial (private land)

28

18

26-58

Taxidermy

168

105

26-60

Scientific or educational collection of crustaceans

40

25

Camping and State Park Fees

The bill caps the fees for leasing state campsites and buildings and parking, admission, boat launching, and other uses to no greater than (1) 135% of the fees charged April 1, 2009 for residents and (2) 150% of the fees charged April 1, 2009 for non-residents. The DEP commissioner must set these fees by May 1, 2010.

Restoration

Current law states that Connecticut assents to the provisions of the congressional acts entitled “Pitman-Robertson Wildlife Restoration Act” and “Dingell-Johnson Sport Fish Restoration Act,” which provide that no funds accruing to the state from license fees paid by fishermen or hunting licenses shall be diverted for any other purpose than the protection, propagation, preservation and investigation of fish and game and administration of the functions of the related department. The bill includes funds accruing from any permit, tag, or stamp fees, excluding the migratory bird conservation stamp and fees paid by trappers and anglers; real or personal property acquired with a license, permit, tag, and stamp fees; and interest, dividends, or other income earned from the license, permit, tag, and stamp fees. The bill requires the fees to fund the programs and functions of the Bureau of Natural Resources within DEP according to federal regulations.

The bill requires the DEP to submit, by October 1, an annual report to the Wildlife and Sport Fish Restoration Program chief, within the Fish and Wildlife Service of the federal Department of the Interior. The report must include, for the year ending June 30, the (1) total license, permit, stamp, and tag fees paid by hunters, trappers, and anglers, excluding the Connecticut Migratory Bird Stamp, and any interest, dividends, and sale or lease payments from assets purchased with license, permit, stamp, and tag revenues; (2) amounts expended on fish and wildlife programs; and (3) purposes for the spent funds. The report must also include the total expenditures amounts for (1) protection, propagation, preservation, and investigation of fish and game; (2) operation, administration, and maintenance of fish and wildlife facilities; (3) operation and administration of wildlife management areas, fish and wildlife access areas, and angler and hunter education and outreach programs; (4) restoration and enhancement of fish and wildlife habitats; and (5) administration of fish and wildlife technical assistance programs.

EFFECTIVE DATE: Upon passage, except the camping and state park provisions, which are effective upon passage and apply to fees collected after May 1, 2010.

50-63 — INCREASES IN MOTOR VEHICLE FINES

The bill increases fines for various motor vehicle and other violations (see Table 5). It also institutes a $ 100 fee for people with suspended licenses who apply for special work or education permits and makes a conforming change.

Table 5: Motor Vehicle Fine Increases

Bill

CGS

Description

Current

Law

The Bill

50, 52

14-100a (c) and 51-164m (c)

Failure to wear seat belt

$ 15

$ 50

51

14-37a (a), 2010 CGS Supp.

Application fee for special work or education permits

0

100

52

51-164m (a), (c)

Minimum fine for speeding infractions

35

50

52

51-164m (e)

Fine for infractions for which no other fine is specified

35

50

53

51-164n(g)

Minimum fine for any motor vehicle infractions

35

50

54

14-13 (b)

Failure to carry registration or insurance card in vehicle

35, first offense;

50, subsequent offenses

50

55

14-17 (b)

Altering appearance of motor vehicle without changing registration

35

50

56

14-26 (c)

Failure to carry registration certificate of bus, taxi, school bus, or motor vehicle in livery on vehicle

35, first offense;

$ 35 to 50, subsequent offenses

50

57

14-36a (e)

Operating a motor vehicle in violation of a person's driver's license classification, first offense

35 to 50

50

58

14- 40a (e)

Operating a motorcycle in violation of the motorcycle endorsement, first offense

35 to 50

50

59

14-81 (b), 2010 CGS Supp.

Trailer braking system violations

35 to 50

50

60

14-145 (c)

Improper storage fee charge on vehicles removed from private property, first offense

35 to 50

50

61

14-164c (n)

Emissions systems inspection violations, first offense

35

50

62

14-223 (a)

Failure to stop motor vehicle when signaled

35, first offense;

35 to 50, subsequent offenses

50

63

14-285

Failure to equip non-motor vehicles with mirrors or reflectors when operated on highway

35-50

50

75 – REPEALER

Medically Necessary Definition Under Medicaid

The bill eliminates a requirement that DSS, by July 1, 2010, amend the definition of “medically necessary” services in its Medicaid regulations to reflect savings in the current biennial budget from reducing program administration inefficiencies while maintaining the quality of care provided to Medicaid beneficiaries.

It also eliminates a committee to (1) advise DSS on the amended definition and its implementation, (2) provide comment to DSS and the legislature on its impact, and (3) report annually to the governor and the Public Health, Human Services, and Appropriations committees on its findings and recommendations for three years beginning by January 1, 2010. A separate committee, also created by 2009 legislation remains in law (see 22 and 27 above).