PA 10-3—HB 5545

Emergency Certification

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

SUMMARY: This act makes various statutory and budgetary changes to reduce projected General Fund deficits in FY 10 and FY 11 by:

1. reducing General Fund appropriations for state programs and purposes for FY 10 and FY 11 and appropriating additional funds for FY 11 from the General and Banking funds,

2. transferring money from various special funds and accounts to the General Fund for FY 10 and FY 11, and

3. reducing and adjusting benefits available under certain state medical assistance and other social service programs.

Among the changes the act makes in medical assistance programs are:

1. eliminating coverage for over-the-counter (OTC) drugs,

2. changing how “medically necessary” services are defined,

3. extending federally reimbursable Medicaid coverage to those enrolled in the State Administered General Assistance (SAGA) medical assistance program,

4. freezing premium assistance for the Charter Oak Health Plan, and

5. limiting medical billing and coverage for eyeglasses.

The act also (1) increases fines for various motor vehicle offenses; (2) decreases fees for resident and nonresident hunting, fishing, and other sportsman's licenses; and (3) caps camping and state park fees. It establishes a nonlapsing General Fund maintenance, repair, and improvement account for state parks.

Finally, the act adjusts transfers between the (1) Budget Reserve (“rainy day”) Fund and the General Fund and (2) General Fund and Special Transportation Fund (STF).

EFFECTIVE DATE: Upon passage unless otherwise noted below.

1-3 — APPROPRIATIONS FOR FY 10 AND FY 11

The act reduces General Fund appropriations by $77,597,665 for FY 10 and $120,724,389 for FY 11.

For FY 11, it appropriates a total of $450,000 from the General Fund to the Department of Social Services (DSS) for the following purposes: $150,000 for Other Expenses and $300,000 for Individualized Family Supports. Also for FY 11, it appropriates $3,349,982 from the Banking Fund to the Judicial Department for the Foreclosure Mediation Program.

4, 6, 16, 17, 31, & 73 — TRANSFERS TO THE GENERAL FUND

The act transfers money from various special funds, accounts, and unspent appropriations to General Fund revenue for FY 10 and FY 11 as shown in Table 1. Provisions later amended by PA 10-179 are listed in the footnotes for Table 1.

Table 1: Transfers to General Fund Revenue for FY 10 and FY 11

From

FY 10

FY 11

4 (a)

Tobacco and Heath Trust Fund

$5,000,000

0

4 (b)

Biomedical Research Fund

3,500,000

0

4 (c)

Citizens' Election Fund

0

10,000,0001

4 (d)

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

2,300,000

0

4 (e)

Emissions Enterprise Fund

1,000,000

0

4 (f)

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

Any balances remaining after completing transfers required in the budget act and this act (see 20)

0

4 (g)

Community Investment Account

5,000,000 (see below)

0

4 (h)

Federal Emergency Management Administration (FEMA) Account administered by the Office of Policy and Management (OPM)

Balance remaining

0

4 (i)

Correction Commissaries Account

1,200,000

0

4 (j)

Commercial Recording Account

Unspent balance

0

6

Banking Fund

15,000,000

11,600,000

16 (1)

UConn operating fund

8,000,0002

15,000,0003

16 (2)

CT State University operating fund

1,000,000

2,000,0004

17

Budget Reserve (“Rainy Day”) Fund

1,278,474,8805

103,225,1206

31

Small Business Incubator Account

850,000

0

73 (a)

Appropriation to the Department of Economic and Community Development (DECD) for Home CT

380,000

0

73 (b)

Appropriation to OPM for administering and funding the Housing Incentive Zone program

397,602

0

Notes:

1This transfer must occur on or after January 1, 2011. (PA 10-179 ( 13 (a)) increases this transfer by an additional $5 million. )

2 Increased from $3 million.

3 Increased from $5 million.

4 PA 10-179 ( 43) increases this amount to $10 million.

5 Increased from $1,039,700,000.

6 Reduced from $342 million.

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, Connecticut Housing Finance Authority, and departments of Environmental Protection (DEP) and Agriculture. They must use the funds for purposes specified in the law.

For the quarter ending June 30, 2010, the act requires $5 million from the account to go to the General Fund before the remainder is distributed. (PA 10-179 ( 13 (d)) transfers another $5 million from the account to the General Fund for FY 11. )

5 — OPERATION FUEL ENERGY ASSISTANCE PROGRAM

The act reduces, by $1 million, an appropriation to OPM for an emergency energy assistance program for Connecticut households with incomes over 150% and not more than 200% of the federal poverty level (FPL) that cannot make timely payments on deliverable fuel, electricity, or natural gas bills. Under the program, Operation Fuel, Inc. , a nonprofit organization, pays the assistance directly to the fuel vendor, electric or gas company, or municipal electric or gas utility.

7 — RETIRED TEACHERS' HEALTH SERVICES

The act 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 act 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. Previously, in practice, HUSKY B enrollees paid $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).

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

The act 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.

Previously, families in HUSKY B, Band 2 (incomes between 236% and 300% of (FPL) paid a maximum of $1,360 per year, regardless of where they were on the income continuum. This included $760 for co-payments and $600 for premiums. Families with incomes between 185% and 235% of the FPL paid only co-payments, with a maximum of $760 annually.

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

By law, SAGA cash assistance recipients and individuals receiving both the State Supplement to SSI and Social Security Disability Income (SSDI) can appeal a decision denying or proposing to deny SSI benefits. The DSS commissioner must advise SAGA recipients of their right to appeal and the availability of local legal counsel to help with the appeal. Previously, DSS reimbursed the attorneys' fees for both the SAGA recipients and Social Security benefit recipients, on a contingency basis, within limits DSS approved and the amount the Social Security Administration approved.

The act eliminates DSS' payment of attorneys' fees for legal representation that begins after the act's passage. It requires DSS to also notify Social Security beneficiaries of their right to appeal and the availability of legal counsel.

The payment of attorneys' 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.

10 — CAPITATION PAYMENT DEADLINES

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

Under prior law, DSS had to 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 act instead provides that (1) 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.

11 — CHARTER OAK HEALTH PLAN; FREEZE IN PREMIUM ASSISTANCE

For FY 10 and FY 11, the act limits premium assistance in the Charter Oak Health Plan to individuals enrolled in the program on April 30, 2010.

12 — ELIMINATION OF COVERAGE FOR OTC DRUGS

The act overrides contrary state statutes to require DSS, beginning May 1, 2010, to stop paying for OTC drugs in any of its medical assistance programs, except for insulin, insulin syringes, and anything else federal law requires. Because federal Medicaid law requires states to pay for OTC drugs for children under age 21, HUSKY A children can still get these drugs.

Previously, DSS paid for selected OTC drugs in the Medicaid, HUSKY, SAGA, and Charter Oak Health Plan programs, but paid only for insulin and insulin syringes for ConnPACE recipients,. The drugs had to be prescribed for a specific illness or condition by a licensed, authorized practitioner. (PA 10-1, June Special Session ( 50) also requires DSS to pay for nutritional supplements for individuals who must be tube fed or cannot safely ingest nutrition in any other form. )

EFFECTIVE DATE: May 1, 2010

13 — DSS AUTHORIZED TO IMPLEMENT PROGRAMS BEFORE ADOPTING REGULATIONS

The act 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 act 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 act provides);

2. advising SAGA beneficiaries that they can appeal SSI denials or a termination of SSI benefits (it already has the authority the act 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 OTC drug coverage under the DSS pharmacy program.

14 — PURCHASING CONTRACTS

The act authorizes the Department of Administrative Services 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 is subject to the same contract terms and conditions as the other entities.

By law, the commissioner can already join with other government entities and nonprofit organizations to make cooperative purchases in the best interest of the state. But the commissioner lacks express authority to join an existing purchasing contract.

15 — GENERAL FUND TRANSFERS TO THE STF

The act reduces the required revenue transfers from the General Fund to the STF. 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 $1. 95 million, from $126 million to $124. 05 million. (PA 10-179 ( 44) reduces the transfer for FY 11 by an additional $16. 5 million to $107. 55 million. )

18 — STATE POLICE MEAL ALLOWANCE

The act 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 act 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. The act transfers $1 million from the Conservation Fund to the new account for FY 10.

Unless the commissioner makes a written agreement, signs an instrument, or issues a license stating otherwise, the act requires her to deposit into the park's subaccount any money she collects from park users to rent state property for a special, limited-duration event, such as a wedding or reception. It also allows the subaccounts to receive other private and public funds, including federal and municipal funds. The act 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 act requires the commissioner to report twice each year to the Office of Fiscal Analysis and post on the DEP website information that includes the (1) amount received, itemized by subaccount; (2) amount spent from the account for each state park; and (3) projects funded.

21 — DEPARTMENT OF MOTOR VEHICLES (DMV) REORGANIZATION PLAN

The act requires the DMV commissioner to submit to the Transportation and Appropriations committees, by October 1, 2010, a report on DMV reorganization. The report must include recommendations to:

1. expand technological options for streamlining and decentralizing the delivery of DMV services,

2. increase public access to routine services,

3. merge DMV's administrative services with other state agencies,

4. maintain license security measures federal law requires, and

5. reduce DMV costs by other measures the commissioner proposes.

22 & 27 — MEDICAL NECESSITY FOR STATE MEDICAL ASSISTANCE

New Definition

The act 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 effects, 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, site, 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 previously used two medical necessity and medically necessary definitions in its medical assistance programs, neither of which was 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 used 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 act, 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 service may be used solely as a guideline and cannot be the basis for a final medical necessity determination.

When Service is Denied Based on Medical Necessity

The act 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 act requires 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 act 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 act eliminates language rendered obsolete by the above provisions.

Medical Inefficiency Committee

The act 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 pro tempore must act jointly to select the committee chairpersons from among its members. By law, the committee must (1) advise DSS on the implementation of the amended definition of “medically necessary” and “medical necessity” and (2) provide feedback to DSS and the legislature on its impact.

23 — SAGA POPULATION COVERED BY MEDICAID

The act requires the DSS commissioner to submit a Medicaid state plan amendment to the federal Medicaid agency to extend Medicaid coverage to individuals enrolled in the state-funded SAGA medical assistance program. If the amendment is approved, the commissioner must implement the coverage expansion. (The commissioner submitted the plan amendment on April 6, 2010 and the federal agency approved it on June 21, 2010. )

The federal Patient Protection and Affordable Health Care Act requires states, by 2014, to extend Medicaid coverage to childless adults with incomes up to 133% of the FPL, which, for 2010, is $14,403 per year for a single person. States may begin this coverage as early as April 1, 2010. The SAGA medical assistance program covers individuals with incomes up to about 70% of the FPL.

The act permits DSS to implement policies and procedures to administer these changes while in the process of adopting them in regulations and repeals language related to DSS obtaining a federal waiver to cover the SAGA population under Medicaid.

24 — LIMITS ON DSS PROVIDER BILLING

The act 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 good or service. (PA 10-179 ( 17) limits this to pharmacy providers. )

25 — TUBERCULOSIS COVERAGE

The act 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. DPH's state-funded program (1) provides anti-TB medications to clinicians; (2) reimburses clinicians for TB diagnostic treatment and prevention services for the uninsured, regardless of their income or assets; and (3) consults on TB case management and screening with local health departments, prisons, convalescent and nursing homes, schools, universities, and hospitals.

26 — CARRY FORWARD FOR COMMON LICENSING/PERMIT SERVICE

The act 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 act 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. 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 act also requires DSS to use its best efforts to reduce optical device and service costs in these programs. (PA 10-179 ( 49) applies this prohibition to the Medicaid program only and it requires instead that DSS administer the payment for eyeglasses and contact lenses as cost-effectively as possible. )

29 — NURSING PROGRAMS AT VOCATIONAL-TECHNICAL SCHOOLS

By January 1, 2011, the act 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 explains why.

If the appropriation for the programs does not cover the program costs, the act allows increased program tuition to cover the shortfall.

30 — CARRY FORWARD FOR THE CONNECTICUT CENTER FOR ADVANCED TECHNOLOGY (CCAT)

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

EFFECTIVE DATE: July 1, 2010

32 — RIVERVIEW HOSPITAL PLAN

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

33 — VETERINARY MEDICINE GRANTS

The act 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 act 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 aggregate 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 it designates 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.

PA 10-179 ( 16) amended this act to require students to make a written commitment to practice veterinary medicine in Connecticut for at least five years. It removes the repayment criteria and instead (1) requires recipients to repay at least 20% of their award for every year in the five-year period that they do not practice in Connecticut and (2) the DHE commissioner to determine the manner of repayment. PA 10-179 also removes provisions concerning (1) the maximum length of repayment, (2) minimum monthly payment amount, (3) the commissioner's ability to grant deferments or forgive repayments, and (4) recipients' ability to delay repayment if they pursue additional veterinary training outside Connecticut.

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

The act decreases several sportsman's fees and caps camping and state park fees. It also creates and allows for donations of at least $2 to the Connecticut Migratory Bird Conservation account.

The act requires that revenue 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 DEP according to federal regulations. It also requires 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 act 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 act also increases, from $77 to $87, the fee for any violation of the sportsman's statutes for which no other fee is specified.

Connecticut Migratory Bird Conservation Stamp and Donation

The act 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 $0. 50 fee for stamp issuance, instead allowing the DEP commissioner to set the issuance 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 act 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, nonlapsing account maintained by the state treasurer within the General Fund. Funds in the account must be used only for (1) developing, managing, preserving, conserving, acquiring, purchasing, and maintaining waterfowl habitat and wetlands or acquiring 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 act creates two new resident firearms supersport licenses: (1) an $84 annual license that allows (a) fishing in all waters, (b) hunting deer on private land with a firearm, shotgun, or rifle, (c) hunting wild turkey in the spring on private land, and (d) hunting deer with a muzzleloader on private land and (2) a $60 annual license that includes (a) fishing in all waters, (b) firearms hunting, (c) a migratory bird conservation stamp, and (d) a migratory bird harvest permit.

The act also decreases the resident sportsman's fees as shown in Table 2 (CGS 26-28).

Table 2: Resident Sportsman's License Fees

License

Prior Law

The Act

Firearms hunting

$28

$19

Fishing

40

28

One-day marine fishing

15

5

All-waters fishing

50

32

Combination (inland waters fishing and firearms hunting)

56

38

Combination (marine water fishing and firearms hunting)

50

25

Combination (all-waters fishing and firearms hunting)

60

38

Combination (all-waters fishing and bow and arrow hunting)

84

65

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

Trapping

50

34

Junior trapping

15

11

Junior firearms hunting

15

11

Firearms permit

28

19

Bow and arrow hunting

60

41

Bow and arrow hunting (age 12-16)

26

19

Nonresident Sportsman's Licenses. The act decreases 11 nonresident sportsman's license fees as shown in Table 3 (CGS 26-28 and 26-86a-c).

Table 3: Nonresident Sportsman's License Fees

License

Prior Law

The Act

Firearms hunting

$ 134

$ 91

Inland waters fishing

80

55

Inland waters fishing, 3-day

32

22

Marine fishing

60

15

Marine fishing, 3-day

24

8

All-waters fishing

100

63

Combination (firearms hunting and inlands fishing)

176

110

Combination (firearms hunting and all-waters fishing)

190

120

Combination (firearms hunting and marine fishing)

170

94

Firearms permit

100

68

Bow and arrow hunting

200

135

Other Sportsman's Licenses. The act decreases 17 other sportsman's license fees, as shown in Table 4.

Table 4: Other Sportsman's License Fees

CGS

License

Prior Law

The Act

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 (resident or non-resident)

84

55

26-42

Fur buying (authorized agent of licensed 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 act caps the fees for leasing state campsites and buildings and parking, admission, boat launching, and other uses of recreational facilities to no greater than (1) 135% of the fees charged on April 1, 2009 for residents and (2) 150% of the fees charged on April 1, 2009 for nonresidents. The DEP commissioner must set these fees by May 1, 2010.

Restoration

By law, Connecticut has assented to two federal acts that provide federal funding for fish and wildlife restoration projects on the condition that no state funds from fishing and hunting license fees are diverted for any other purpose than the (1) protection, propagation, preservation, and investigation of fish and game and (2) administration of the functions of the related department. This act expands the diversion prohibition to include (1) revenue from trapping license and permit fees; (2) real or personal property acquired with fees from hunting, fishing, or trapping licenses, permits, tags, and stamps; and (3) interest, dividends, or other income earned from these fees. The act requires the fees to be used to fund the programs and functions of DEP's Bureau of Natural Resources in accordance with federal regulations.

The act 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 revenue; (2) amounts expended on fish and wildlife programs; and (3) purposes for which the funds were spent. The report must also include the total expenditures 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 for the camping and state park provisions, which apply to fees collected after May 1, 2010.

50-63 — INCREASES IN MOTOR VEHICLE FINES

The act (1) increases fines for various motor vehicle violations (see Table 5); (2) raises the minimum fine for any motor vehicle infraction, except parking tag violations, from $35 to $50; (3) institutes a $100 fee for people with suspended licenses who apply for special work or education permits; and (4) makes a conforming change. By law, people who commit certain motor vehicles violations must pay surcharges in addition to the fine.

Table 5: Motor Vehicle Fine Increases

The Act

CGS

Description

Prior

Law

The Act

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 motor vehicle infractions for which no other fine is specified

35

50

52 & 53

51-164n(g) and 51-164m (c)

Minimum fine for any motor vehicle infractions, except for parking tag violations

35

50

54

14-13 (b)

Failure to carry registration or insurance card in vehicle

35, first offense; up to 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 or disregarding signals of a uniformed officer

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 to 50

50

75 – REPEALED PROVISION

“Medically Necessary” Definition under Medicaid

The act 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 biennial budget that are to be achieved by reducing program administration inefficiencies while maintaining the quality of care provided to Medicaid beneficiaries.

It also eliminates a committee, established by PA 09-3, June Special Session ( 81) 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 with the same membership and functions remains in law (see 22 and 27 above).

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.

Related Acts

Hunting and Fishing License Fees. PA 10-99 requires the DEP commissioner to reserve a credit for anyone who purchased certain licenses, stamps, permits, or tags between October 1, 2009 and April 14, 2010. The credit is the difference between the amount paid for the license, permit, or tag purchased between October 1, 2009 and April 14, 2010 and the amount charged on or after October 1, 2010. It will be applied against the fee for any license, permit, or tag purchased on or after October 1, 2010.

Seat Belts. PA 10-110 requires drivers and front seat passengers to wear seat belts in any motor vehicle when it is being operated, rather than just those drivers and front seat passengers in vehicles with a gross vehicle weight rating of 10,000 pounds or less.

Medical Assistance Programs. PA 10-179 (1) requires the governor to appoint a third chairperson to the Medical Inefficiency Committee, (2) limits what pharmacy providers, instead of all medical assistance program providers, may bill DSS and (3) applies the DSS eyeglass coverage limits to the Medicaid program only. PA 10-1, June Special Session, exempts certain nutritional supplements from the general bar on DSS reimbursement for OTC drugs.

OLR Tracking: JSL: SC-various: VR/ts