Vermont H 819: An act relating to the Division of Substance Use Programs

Bill Text

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VT LEG #386022 v.1
H.819 1
Introduced by Representative Berbeco of Winooski 2
Referred to Committee on 3
Date: 4
Subject: Health; mental health; government operations; Division of Substance 5
Use Programs 6
Statement of purpose of bill as introduced: This bill proposes to move the 7
Division of Substance Use Programs from the Department of Health to the 8
Department of Mental Health. 9
An act relating to the Division of Substance Use Programs 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
* * * Organization of the Agency of Human Services * * * 12
Sec. 1. 3 V.S.A. § 3089 is amended to read: 13
§ 3089. DEPARTMENT OF MENTAL HEALTH 14
The Department of Mental Health is created within the Agency of Human 15
Services as the successor to and the continuation of the Division Divisions of 16
Mental Health Services and of Substance Use Programs of the Department of 17
Health. The Department of Mental Health shall be responsible for the 18
operation of the Vermont State Hospital or its successor in interest as defined 19
in subdivision 455(28) of this title. 20

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* * * Impaired Driving * * * 1
Sec. 2. 7 V.S.A. § 656 is amended to read: 2
§ 656. PERSON 12 YEARS OF AGE OR OLDER AND UNDER 21 YEARS 3
OF AGE MISREPRESENTING AGE, PROCURING, POSSESSING, 4
OR CONSUMING ALCOHOLIC BEVERAGES; IMPAIRED 5
DRIVING; POSSESSION OF CANNABIS; CIVIL VIOLATION 6
* * * 7
(b) Prohibited conduct; offenses. 8
* * * 9
(3) Impaired driver penalties. 10
(A) A person who violates subdivision (1)(E) of this subsection (b) 11
commits a civil violation, shall be referred to the Court Diversion Program for 12
the purpose of enrollment in the Youth Substance Awareness Safety Program, 13
and the Commissioner of Motor Vehicles shall suspend the person’s operator’s 14
license and privilege to operate a motor vehicle in accordance with subdivision 15
(B) of this subdivision (b)(3). A person who fails to complete the Program 16
successfully commits a civil violation under the jurisdiction of the Judicial 17
Bureau and shall be subject to the following: 18
(i) For a first offense, a civil penalty of $300.00 and suspension of 19
the person’s operator’s license and privilege to operate a motor vehicle for a 20

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period of 180 days and compliance with the requirements of 23 V.S.A. 1
§ 1209a(a)(1). 2
* * * 3
(vii) The Alcohol and Driving Program required under this section 4
shall be administered by the Department of Mental Health’s Division of 5
Substance Use Programs and shall take into consideration any particular 6
treatment needs of operators under 21 years of age. 7
* * * 8
* * * Department of Health; General Provisions * * * 9
Sec. 3. 18 V.S.A. § 1 is amended to read: 10
§ 1. GENERAL POWERS OF DEPARTMENT OF HEALTH 11
In accordance with this title, the Department of Health shall have power to 12
supervise and direct the execution of all laws relating to public health and 13
substance abuse. 14
Sec. 4. 18 V.S.A. § 5 is amended to read: 15
§ 5. DUTIES OF DEPARTMENT OF HEALTH 16
The Department of Health shall: 17
(1) Conduct studies, develop State plans, and administer programs and 18
State plans for hospital survey and construction, hospital operation and 19
maintenance, and medical care, and treatment of substance abuse. 20
* * * 21

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Sec. 5. 18 V.S.A. § 13 is amended to read: 1
§ 13. COMMUNITY VIOLENCE PREVENTION PROGRAM 2
* * * 3
(b)(1) A Vermont municipality or nonprofit organization may submit an 4
application for a Community Violence Prevention Program grant to the 5
Commissioner of Health. Grants awarded under this section shall be for the 6
purpose of funding innovative, evidence-based, or evidence-informed 7
approaches to reducing violence and associated community harm. 8
(2) The Commissioner of Health, in consultation with the Department of 9
Public Safety, the Department of Mental Health, and the Executive Director of 10
Racial Equity, shall develop and publish guidelines for the award of 11
Community Violence Prevention Program grants. The guidelines shall include 12
a focus on increasing community capacity to implement approaches for human 13
services, public health, and public safety collaboration to address root causes 14
of community violence and substance use through data-driven projects. 15
* * * 16
* * * Duties of the Commissioner of Health * * * 17
Sec. 6. 18 V.S.A. § 104b is amended to read: 18
§ 104b. COMMUNITY HEALTH AND WELLNESS GRANTS 19
(a) The Commissioner, in consultation with the Commissioner of Mental 20
Health, shall establish a program for awarding competitive, substantial, 21

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multiyear grants to comprehensive community health and wellness projects. 1
Successful projects must: 2
(1) use comprehensive approa