NO. 152. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.

(H.842)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. SHORT TITLE

This bill may be referred to as the BIG BILL - Fiscal Year 2001 Appropriations Act.

Sec. 2. PURPOSE

The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2001. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2000. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2001 so as to meet this condition unless otherwise directed by specific language in this act.

Sec. 3. APPROPRIATIONS

The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are declared to be single-year appropriations, and only for the purpose indicated. These appropriations shall be the only appropriations available, notwithstanding any other acts or laws. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.

Sec. 4. TIME AVAILABLE

The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2001. The balance of any appropriations made in this act remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act. Refunds of expenditures and reimbursements, except liability insurance premiums, which have been paid from the appropriations of a prior year, shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended.

Sec. 5. DEFINITIONS

For the purposes of this act:

(1) "Personal services" means wages and salaries, consulting services, personnel benefits, personal injury benefits under section 636 of Title 21 and similar items.

(2) "Operating expenses" means supplies - food, medical, clothing, educational, fuel, highway materials and similar items; contractual services, postage, telephone, travel expenses, light, heat and power, rentals, insurance and other similar items; equipment articles of substantial value which have a long period of usefulness - desks, computers, typewriters, furniture, motor vehicles and similar items.

(3) "Land, structures, improvements" means expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items.

(4) "Grants" means subsidies, aid or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.

(5) "Other" means a lump sum appropriation not differentiated by object of expenditure.

(6) "Encumbrances" means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.

Sec. 6. SOURCE OF FUNDS

The appropriations made in this act are made for the fiscal year ending June

30, 2001 except as provided in this act, and are to be paid from funds shown as the source of funds.

Sec. 7.	Secretary of administration - secretary's office
		Personal services		589,217
		Operating expenses		52,826
			Total	642,043
	Source of funds
		General fund		376,009
		Transportation fund		61,034
		Interdepartmental transfer		205,000
			Total	642,043

Sec. 8.	Secretary of administration - GOVNet
		Personal services		370,732
		Operating expenses		1,229,268
			Total	1,600,000
	Source of funds
		Internal service funds		1,600,000

Sec. 9.	Finance and management - budget and management
		Personal services		681,944
		Operating expenses		54,908
			Total	736,852
	Source of funds
		General fund		597,042
		Transportation fund		129,810
		Interdepartmental transfer		10,000
			Total	736,852

Sec. 10.	Finance and management - financial operations
		Personal services		890,023
		Operating expenses		156,554
			Total	1,046,577
	Source of funds
		General fund		643,553
		Transportation fund		350,080
		Federal fund		5,000
		Special funds		47,944
			Total	1,046,577

Sec. 11.	Personnel - operations
		Personal services		2,144,305
		Operating expenses		448,806
			Total	2,593,111
	Source of funds
		General fund		1,831,020
		Transportation fund		636,891
		Special funds		48,000
		Internal service funds		70,000
		Interdepartmental transfer		7,200
			Total	2,593,111

Sec. 12.	Personnel - employee benefits
		Personal services		705,091
		Operating expenses		304,935
			Total	1,010,026
	Source of funds
		Internal service funds		1,010,026

(a) The establishment of one (1) new classified position - Medical Supervisor - is authorized in fiscal year 2001.

Sec. 13.	Buildings and general services - administrative
		Personal services		731,557
		Operating expenses		137,900
			Total	869,457
	Source of funds
		General fund		430,428
		Transportation fund		65,203
		Interdepartmental transfer		373,826
			Total	869,457

Sec. 14.	Buildings and general services - facilities operations
		Personal services		5,780,547
		Operating expenses		5,960,482
			Total	11,741,029
	Source of funds
		General fund		9,635,731
		Transportation fund		1,805,298
		Interdepartmental transfer		300,000
			Total	11,741,029

(a) The establishment of four (4) new classified positions - one (1) Plant Maintenance Supervisor A, two (2) Buildings Custodian A, and one (1) Buildings Custodian B - is authorized in fiscal year 2001.

Sec. 15.	Buildings and general services - engineering
		Personal services		1,378,291
		Operating expenses		184,750
			Total	1,563,041
	Source of funds
		General fund		1,404,165
		Transportation fund		93,876
		Interdepartmental transfer		65,000
			Total	1,563,041

Sec. 16.	Buildings and general services - property management
		Personal services		501,929
		Operating expenses		3,795,431
			Total	4,297,360
	Source of funds
		Internal service funds		4,297,360

(a) The establishment of two (2) new classified positions - one (1) Data Base Administrator and one (1) Maintenance Mechanic B - is authorized in fiscal year 2001.

Sec. 17.	Buildings and general services - postal
		Personal services		501,086
		Operating expenses		358,438
			Total	859,524
	Source of funds
		General fund		77,114
		Transportation fund		65,291
		Internal service funds		717,119
			Total	859,524

Sec. 18.	Buildings and general services - supply center
		Personal services		214,971
		Operating expenses		196,781
			Total	411,752
	Source of funds
		Internal service funds		411,752

Sec. 19.	Buildings and general services - copy center
		Personal services		585,470
		Operating expenses		833,263
			Total	1,418,733
	Source of funds
		Internal service funds		1,418,733

Sec. 20.	Buildings and general services - purchasing
		Personal services		637,068
		Operating expenses		135,062
			Total	772,130
	Source of funds
		General fund		512,066
		Transportation fund		260,064
			Total	772,130

Sec. 21.	Buildings and general services - public records
		Personal services		654,583
		Operating expenses		197,633
			Total	852,216
	Source of funds
		General fund		594,014
		Transportation fund		87,992
		Special funds		170,210
			Total	852,216

Sec. 22.	Buildings and general services - communications & information technology
		Personal services		2,456,311
		Operating expenses		3,341,100
			Total	5,797,411
	Source of funds
		Internal service funds		5,797,411

Sec. 23.	Buildings and general services - state surplus property
		Personal services		40,628
		Operating expenses		29,908
			Total	70,536
	Source of funds
		Internal service funds		70,536

Sec. 24.	Buildings and general services - federal surplus property
		Personal services		37,860
		Operating expenses		62,755
			Total	100,615
	Source of funds
		Enterprise funds		100,615

Sec. 25.	Buildings and general services - workers' compensation insurance
		Personal services		727,418
		Operating expenses		192,698
			Total	920,116
	Source of funds
		Internal service funds		920,116

Sec. 26.	Buildings and general services - general liability insurance
		Personal services		285,133
		Operating expenses		397,250
			Total	682,383
	Source of funds
		Internal service funds		682,383

(a) The establishment of two (2) new classified positions - one (1) Industrial Hygienist and one (1) Administrative Assistant - is authorized in fiscal year 2001.

Sec. 27.	Buildings and general services - all other insurance
		Personal services		27,614
		Operating expenses		14,807
			Total	42,421
	Source of funds
		Internal service funds		42,421

Sec. 28.	Buildings and general services - information centers
		Personal services		2,262,163
		Operating expenses		655,302
		Grants		175,000
			Total	3,092,465
	Source of funds
		General fund		313,729
		Transportation fund		2,726,736
		Special funds		52,000
			Total	3,092,465

Sec. 29.	Tax - administration/collection
		Personal services		8,797,380
		Operating expenses		2,289,571
			Total	11,086,951
	Source of funds
		General fund		10,412,214
		Transportation fund		258,427
		Special funds		331,310
		Interdepartmental transfer		85,000
			Total	11,086,951

(a) The establishment of two (2) new classified positions - one (1) Tax Examiner III and one (1) Tax Examiner II - is authorized in fiscal year 2001.

(b) The establishment of one (1) new exempt position - Research Economist - is authorized in fiscal year 2001.

Sec. 30.	Libraries
		Personal services		1,584,301
		Operating expenses		1,076,230
		Grants		91,300
			Total	2,751,831
	Source of funds
		General fund		1,932,931
		Federal funds		688,700
		Special funds		64,200
		Interdepartmental transfer		66,000
			Total	2,751,831

Sec. 30a. 22 V.S.A. § 610 is added to read:

§ 610. NONPROFIT FOUNDATION FOR PUBLIC LIBRARY SERVICES

The state librarian is authorized to establish a nonprofit foundation for the purpose of raising funds from private sources to enhance public library services in Vermont. All funds from private sources shall be used for grants to Vermont public libraries as defined by section 101 of this title to further any purpose considered to be in harmony with the original purpose of the gift. The state librarian shall not spend more than $5,000.00 of appropriated funds in any one fiscal year to establish and to administer the nonprofit foundation. No funds raised from private sources shall be used by the state librarian to replace funds appropriated for the operation of the department of libraries. Annually, the state librarian shall file a report with the general assembly describing the funds received and grants made by the foundation.

Sec. 31.	Geographic information system
		Grants		382,041
	Source of funds
		Special funds		382,041

Sec. 32.	Auditor of accounts
		Personal services		1,375,000
		Operating expenses		80,193
			Total	1,455,193
	Source of funds
		General fund		435,718
		Transportation fund		69,490
		Special funds		49,173
		Internal service fund		900,812
			Total	1,455,193

Sec. 33.	State treasurer
		Personal services		1,845,825
		Operating expenses		330,865
			Total	2,176,690
	Source of funds
		General fund		494,001
		Transportation fund		121,214
		Special funds		963,545
		Expendable trust		597,930
			Total	2,176,690

(a) The establishment of one (1) new classified position - Education and Communications Specialist - is authorized in fiscal year 2001.

Sec. 34.	Vermont state retirement system
		Personal services		9,662,141
		Operating expenses		97,597
			Total	9,759,738
	Source of funds
		Special funds		9,759,738

Sec. 35.	Municipal employees' retirement system
		Personal services		773,965
		Operating expenses		35,368
			Total	809,333
	Source of funds
		Special funds		809,333

Sec. 36.	State labor relations board
		Personal services		145,744
		Operating expenses		23,540
			Total	169,284
	Source of funds
		General fund		158,663
		Transportation fund		5,412
		Special funds		5,209
			Total	169,284

Sec. 37.	Executive office
		Personal services		998,504
		Operating expenses		222,576
		Grants		51,978
		Unrestricted fund		13,000
			Total	1,286,058
	Source of funds
		General fund		990,249
		Transportation fund		183,709
		Special funds		3,100
		Interdepartmental transfer		109,000
			Total	1,286,058

Sec. 38.	Executive office - national and community service
		Personal services		177,159
		Operating expenses		86,335
		Grants		1,272,320
			Total	1,535,814
	Source of funds
		General fund		56,069
		Federal funds		1,460,847
		Interdepartmental transfer		18,898
			Total	1,535,814

Sec. 39.	VOSHA review board
		Personal services		26,000
		Operating expenses		3,000
			Total	29,000
	Source of funds
		General fund		11,645
		Federal funds		17,355
			Total	29,000

Sec. 40.	Use tax reimbursement fund - municipal current use
		Other		4,260,000
	Source of funds
		General fund		2,096,250
		Transportation fund		2,163,750
			Total	4,260,000

Sec. 41.	Lieutenant governor
		Personal services		100,321
		Operating expenses		7,414
			Total	107,735
	Source of funds
		General fund		85,691
		Transportation fund		22,044
			Total	107,735

Sec. 42.	Legislature
		Other		4,179,758
	Source of funds
		General fund		3,322,821
		Transportation fund		856,937
			Total	4,179,758

Sec. 43.	Legislative council
		Personal services		1,574,611
		Operating expenses		12,000
			Total	1,586,611
	Source of funds
		General fund		1,316,558
		Transportation fund		270,053
			Total	1,586,611

Sec. 44.	Sergeant at arms
		Personal services		209,267
		Operating expenses		44,942
			Total	254,209
	Source of funds
		General fund		206,366
		Transportation fund		47,843
			Total	254,209

Sec. 45.	Joint fiscal committee
		Personal services		711,376
		Operating expenses		31,676
			Total	743,052
	Source of funds
		General fund		584,681
		Transportation fund		158,371
			Total	743,052

(a) The establishment of one (1) new exempt position – Fiscal Analyst – is authorized in fiscal year 2000.

Sec. 46.	Lottery commission
		Personal services		946,690
		Operating expenses		732,800
			Total	1,679,490
	Source of funds
		Enterprise funds		1,679,490

Sec. 47.	Payments in lieu of taxes
		Grants		1,650,000
	Source of funds
		General fund		1,250,000
		Special funds		400,000
			Total	1,650,000

(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32 and said payments shall be calculated in addition to, and without regard to, the appropriations in Secs. 48 and 49 of this act.

(b) Of the above appropriation, $1,000,000.00 in general funds shall be considered a one-time appropriation.

Sec. 48.	Payments in lieu of taxes - Montpelier services
		Grants		184,000
	Source of funds
		General fund		184,000

Sec. 49.	Payments in lieu of taxes - correctional facilities
		Grants		40,000
	Source of funds
		General fund		40,000

Sec. 50.	Total general government			87,246,586
	Source of funds
		General fund		39,992,728
		Transportation fund		10,439,525
		Federal funds		2,171,902
		Special funds		13,085,803
		Enterprise funds		1,780,105
		Expendable trust		597,930
		Internal service funds		17,938,669
		Interdepartmental transfer		1,239,924
			Total	87,246,586

Sec. 51.	Protection to persons and property - Attorney general
		Personal services		4,005,943
		Operating expenses		408,200
			Total	4,414,143
	Source of funds
		General fund		2,174,593
		Transportation fund		81,696
		Federal funds		460,000
		Special funds		670,113
		Tobacco fund		190,000
		Interdepartmental transfer		837,741
			Total	4,414,143

(a) The establishment of two (2) new exempt positions - Assistant Attorney General - is authorized in fiscal year 2001.

Sec. 52.	Vermont court diversion
		Grants		862,626
	Source of funds
		General fund		453,072
		Transportation fund		177,804
		Special funds		231,750
			Total	862,626

Sec. 53.	Center for crime victim services
		Personal services		459,421
		Operating expenses		136,363
		Grants		3,799,941
		Other		575,000
			Total	4,970,725
	Source of funds
		General fund		587,230
		Federal funds		3,389,495
		Special funds		994,000
			Total	4,970,725

Sec. 54.	State's attorneys
		Personal services		6,268,458
		Operating expenses		687,956
		Grants		120,000
			Total	7,076,414
	Source of funds
		General fund		4,952,958
		Transportation fund		436,856
		Federal funds		353,000
		Special funds		118,600
		Interdepartmental transfer		1,215,000
			Total	7,076,414

(a) The establishment of two new exempt positions - one (1) Deputy State’s Attorney and one (1) Secretary IV - is authorized for Chittenden County in fiscal year 2001.

Sec. 55.	Sheriffs
		Personal services		1,964,360
		Operating expenses		235,900
			Total	2,200,260
	Source of funds
		General fund		1,531,839
		Transportation fund		668,421
			Total	2,200,260

(a) Of the above appropriation, $15,000.00 shall be transferred to the state's attorneys office as reimbursement for the cost of the executive director's salary.

(b) The establishment of six (6) new exempt positions - Deputy Sheriff - is authorized in fiscal year 2001.

Sec. 56.	Defender general - public defense
		Personal services		4,388,278
		Operating expenses		440,724
			Total	4,829,002
	Source of funds
		General fund		3,904,039
		Transportation fund		623,234
		Federal funds		40,000
		Special funds		261,729
			Total	4,829,002

(a) The establishment of two (2) new exempt positions - one (1) Staff Attorney and one (1) Investigator - is authorized in fiscal year 2001.

Sec. 56a. Sec. 57 of No. 62 of the Acts of 1999, as amended by Sec. 12 of No. 66 of the Acts of 2000, is further amended to read:

Sec. 57.	Defender general - public defense
		Personal services		*[4,157,956]*	4,183,956
		Operating expenses		*[440,724]*	474,724
			Total	*[4,598,680]*	4,658,680
	Source of funds
		General fund		*[3,698,676]*	3,758,676
		Transportation fund		600,692	600,692
		Federal funds		48,000	48,000
		Special funds		251,312	251,312
			Total	*[4,598,680]*	4,658,680

* * *

Sec. 56b. INDIGENT DEFENSE TASK FORCE STUDY

(a) An indigent defense task force shall study the structure of and funding for the office of the defender general and ways to improve services to clients. Former chief justice Frederic W. Allen shall be chair of the task force. The remaining membership of the task force shall consist of two members appointed by the Governor, two members appointed by the chief justice of the Vermont supreme court, and two members appointed by the Vermont bar association. The first meeting of the task force shall take place on or before July 1, 2000. Members of the task force shall have backgrounds in law enforcement, public defense, prosecution and the judiciary; but not be currently employed in these areas nor currently employed by any criminal justice agency or by the judiciary. The task force study shall review the structure and funding of public defender services in Vermont and in other states, and alternative models for organizing and delivering public defender services. Subjects of study shall include, but not be limited to: the process by which counsel is assigned, including eligibility criteria; the use of assigned counsel contractors and ad hoc counsel; current budget allocation and management of provision of services; oversight of work performed on behalf of clients; processes to measure quality of service; the functions and role of independent public-defense commissions in other states; a comparison of salaries among the criminal justice agencies in Vermont and in other states; training, supervision, and mentoring needs within the defender general’s office. The task force may utilize the assistance of staff from the joint fiscal office and legislative council, and information should be made available from the department of finance and management, attorney general’s office, defender general, department of public safety, state’s attorneys, center for justice research, court administrator, and supreme court, as well as consulting services available through federal funding. The task force shall report its findings and recommendations to the house and senate committees on judiciary, appropriations, and government operations on November 15, 2000.

Sec. 57.	Defender general - assigned counsel
		Personal services		2,170,050
		Operating expenses		34,505
			Total	2,204,555
	Source of funds
		General fund		1,944,549
		Transportation fund		260,006
			Total	2,204,555

Sec. 58.	Military - administrative
		Personal services		567,995
		Operating expenses		455,962
		Grants		142,000
			Total	1,165,957
	Source of funds
		General fund		1,130,957
		Special funds		35,000
			Total	1,165,957

(a) $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which is comprised of $142,000.00 of the above appropriation and $58,000.00 carry-forward fiscal year 2000 funds.

(b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not exceed $200,000.00 in fiscal year 2001, nor shall commitments or obligations be made for expenditure amounts above $200,000.00 in fiscal year 2002.

Sec. 59.	Military - veterans' affairs
		Personal services		126,439
		Operating expenses		21,265
		Grants		74,000
			Total	221,704
	Source of funds
		General fund		221,704

(a) The establishment of one (1) new classified position - Veterans’ Coordinator - is authorized in fiscal year 2001.

Sec. 60.	Military - army service contract
		Personal services		927,812
		Operating expenses		1,506,620
			Total	2,434,432
	Source of funds
		General fund		102,492
		Federal funds		2,331,940
			Total	2,434,432

Sec. 61.	Military - air service contract
		Personal services		2,518,585
		Operating expenses		482,400
			Total	3,000,985
	Source of funds
		General fund		244,401
		Federal funds		2,756,584
			Total	3,000,985

Sec. 62.	Military - building maintenance
		Personal services		537,098
		Operating expenses		130,030
			Total	667,128
	Source of funds
		General fund		667,128

(a) The establishment of one (1) new classified position - Military Maintenance Specialist - is authorized in fiscal year 2001.

Sec. 63.	Labor and Industry
		Personal services		3,878,593
		Operating expenses		921,700
			Total	4,800,293
	Source of funds
		General fund		704,265
		Federal funds		470,196
		Special funds		3,580,832
		Interdepartmental transfer		45,000
			Total	4,800,293

Sec. 64.	Criminal justice training council
		Personal services		605,909
		Operating expenses		266,286
			Total	872,195
	Source of funds
		General fund		150,255
		Transportation fund		346,281
		Special funds		255,659
		Interdepartmental transfer		120,000
			Total	872,195

Sec. 65.	Liquor control - enforcement and licensing
		Personal services		1,355,957
		Operating expenses		403,043
			Total	1,759,000
	Source of funds
		Federal funds		104,733
		Tobacco fund		309,000
		Enterprise funds		1,303,267
		Interdepartmental transfer		42,000
			Total	1,759,000

Sec. 66.	Liquor control - administration
		Personal services		1,397,202
		Operating expenses		786,798
			Total	2,184,000
	Source of funds
		Enterprise funds		2,184,000

Sec. 67.	Vermont racing commission
		Personal services		2,500
		Operating expenses		4,500
			Total	7,000
	Source of funds
		Special funds		7,000

Sec. 68.	Secretary of state
		Personal services		2,232,002
		Operating expenses		1,035,722
			Total	3,267,724
	Source of funds
		General fund		656,448
		Special funds		2,536,276
		Interdepartmental transfer		75,000
			Total	3,267,724

(a) $323,000.00 of the above special fund appropriation shall be from the securities regulation and supervision fund.

Sec. 68a. 9 V.S.A. § 4230(b) is amended to read:

(b) There is hereby created a fund to be known as the securities regulation and supervision fund. The fund shall be usedfor the purpose of providing the commissioner the means to administer the provisions of this chapter, and for the support of the corporate records division and other corporate regulatory activities of the office of the secretary of state. All sales representative and investment adviser representative registration and renewal fees received pursuant to sections 4217 and 4218, and all examination fees and investigation expenses received pursuant to sections 4231 and 4233 of this title shall be transmitted to the state treasurer and credited to this fund. All payments from the securities regulatory and supervision fund for the maintenance of staff and associated expenses including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the commissioner of finance and management, after receipt of proper documentation regarding services rendered and expenses incurred.

Sec. 69.	Medical practice board
		Personal services		477,127
		Operating expenses		116,287
			Total	593,414
	Source of funds
		Special funds		593,414

Sec. 70.	Banking, insurance, securities, and health care administration - administration
		Personal services		591,074
		Operating expenses		20,000
			Total	611,074
	Source of funds
		Special funds		611,074

(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2001, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000.00 from the securities regulation and supervision fund, to the financial institutions supervision fund established in 8 V.S.A. § 504(d). Within 30 days of said transfer, the department shall report to the house appropriations and ways and means committees and the senate appropriations and finance committees on the implications of any transfer on future years’ revenues and expenditures.

Sec. 71.	Banking, insurance, securities, and health care administration - banking
		Personal services		968,407
		Operating expenses		317,500
			Total	1,285,907
	Source of funds
		Special funds		1,285,907

Sec. 72.	Banking, insurance, securities, and health care administration - insurance
		Personal services		3,186,634
		Operating expenses		492,616
			Total	3,679,250
	Source of funds
		Special funds		3,679,250

Sec. 73.	Banking, insurance, securities, and health care administration - securities
		Personal services		423,527
		Operating expenses		123,150
			Total	546,677
	Source of funds
		Special funds		546,677

Sec. 74.	Banking, insurance, securities, and health care administration - captive
		Personal services		1,171,980
		Operating expenses		250,715
			Total	1,422,695
	Source of funds
		Special funds		1,422,695

Sec. 75.	Banking, insurance, securities, and health care administration - health care administration
		Personal services		2,084,667
		Operating expenses		369,333
			Total	2,454,000
	Source of funds
		General fund		538,601
		Special funds		1,915,399
			Total	2,454,000

Sec. 76.	Public safety - state police
		Personal services		24,894,782
		Operating expenses		5,065,848
		Grants		1,473,000
		Other		73,000
			Total	31,506,630
	Source of funds
		General fund		6,602,053
		Transportation fund		19,223,415
		Federal funds		2,759,545
		Special funds		1,643,511
		Interdepartmental transfer		1,278,106
			Total	31,506,630

(a) The department of public safety shall provide business manager services for the Vermont criminal justice training council and for the Vermont fire service training council.

(b) Of the above appropriation, $1,372,875.00 shall be expended for police cruisers for field duty work, $22,000.00 shall be available for snowmobile law enforcement activities and $25,000.00 shall be available to the Southern Vermont wilderness search and rescue team, which is comprised of state police, department of fish and wildlife, county sheriffs and local law enforcement personnel in Bennington, Windham and Windsor counties, for a snowmobile enforcement demonstration project. Funds distributed to the demonstration project by the commissioner of public safety shall be used for snowmobile law enforcement purposes, purchase of snowmobiles for law enforcement purposes and in a manner agreed to by the commissioner and the Southern Vermont search and rescue team. The commissioner shall report to the general assembly on or before January 15, 2002 on the expenditures and activities of the snowmobile enforcement demonstration project. The governor's snowmobile council shall examine the issue of statewide snowmobile enforcement looking at the different needs of the various regions of the state and report to the legislature its recommendations regarding the appropriate level of funding for statewide snowmobile enforcement as well as for each enforcement agency by January 15, 2001.

(c) The establishment of six (6) new classified positions - one (1) Telecommunicator Supervisor, three (3) Clerk Dispatcher, one (1) Accountant A, and one (1) Clerk - is authorized in fiscal year 2001.

(d) The establishment of ten (10) new classified positions - Trooper - is authorized in fiscal year 2001.

(e) In order to facilitate a smooth transition of state police recruits to the permanent state police force, the establishment of twenty (20) new classified positions - Trooper Recruit Trainee - is hereby authorized to be established in fiscal year 2001 in the department of public safety. Position incumbents shall not remain in the position for more than six months before transitioning to a permanent state police position.

(f) In an effort to expand the pool of eligible and diverse applicants when recruiting to fill state trooper positions, the department shall actively solicit applications from the entire eastern seaboard region of the country.

Sec. 76a. NATIONAL INSTANT CHECK SYSTEM

(a) The director of the Vermont center for criminal information is directed to enter into negotiations with officials from the Federal Bureau of Investigation that will facilitate the transfer of federal Brady firearms background checks from the state of Vermont to the bureau. Any negotiated agreement between the bureau and the state of Vermont shall provide that the checks conducted by the bureau of potential Vermont firearm purchasers be at least as comprehensive as those currently undertaken by the state of Vermont. The director shall request that the bureau grant to the state of Vermont any exemptions that have been granted to other states. The director shall report the result of these negotiations to the house and senate committees on appropriations by December 15, 2000.

Sec. 77. 23 V.S.A. § 1220a(b)(3) is amended to read:

(3) beginning in fiscal year 2000 and thereafter, *[one and three-quarters]* twopercent of the revenues raised by the motor fuel tax on gasoline imposed by chapter 28 of this title; and

Sec. 78.	Public safety - criminal justice services
		Personal services		4,835,061
		Operating expenses		3,394,098
		Grants		1,578,900
			Total	9,808,059
	Source of funds
		General fund		135,000
		Transportation fund		2,936,786
		Federal funds		4,300,192
		Special funds		1,924,177
		Interdepartmental transfer		511,904
			Total	9,808,059

(a) The Vermont center for justice research is designated as the state's instrumentality to receive statistical analysis center federal funds.

(b) The establishment of one (1) new classified position - Network Administrator - is authorized in fiscal year 2001.

Sec. 78a. 13 V.S.A. § 5402 is amended to read:

§ 5402. SEX OFFENDER REGISTRY

* * *

(b) All information contained in the registry *[shall be confidential and shall not be disclosed to any person, except that the information may be disclosed to ]*may be disclosed for any purpose permitted under the law of this state, including use by:

(1) local, state and federal law enforcement agencies exclusively for lawful law enforcement purposes;

(2) state and federal governmental agencies for the exclusive purpose of conducting confidential background checks;

(3) any employer, including a school district, who is authorized by law to request records and information from the Vermont criminal information center, where such disclosure is necessary to protect the public concerning persons required to register under this subchapter. The identity of a victim of an offense that requires registration shall not be released; and

(4) a person identified as a sex offender in the registry for the purpose of reviewing the accuracy of any record relating to him or her. The identity of a victim of an offense that requires registration shall not be released.

* * *

Sec. 78b. 13 V.S.A. § 5411 is amended to read:

§ 5411. NOTIFICATION TO LOCAL LAW ENFORCEMENT

(a) Upon a sex offender's release or change of address, the department shall immediately notify the local law enforcement agency of the following information, which may be used only for lawful law enforcement purposes:

(1) name;

(2) general physical description;

(3) nature of offense;

(4) sentence;

(5) conditions of release;

(6) the fact that the registry has on file additional information, including the sex offender's photograph and fingerprints; and

(7) current employment.

(b) The department of public safety, and any local law enforcement agency authorized by the department of public safety, shall release relevant registry information necessary to protect the public concerning persons required to register under state law if the requestor can articulate a specific concern about the requestor’s personal safety or the safety of the requestor’s family. However, the identity of a victim of an offense shall not be released.

Sec. 78c. DEPARTMENT OF PUBLIC SAFETY; RULEMAKING; RELEASE OF SEX OFFENDER REGISTRY INFORMATION

The department of public safety shall develop rules governing the release of sex offender registry information to the public by the department of public safety, and any local law enforcement agency authorized by the department of public safety.

Sec. 79.	Public safety - emergency management
		Personal services		949,610
		Operating expenses		463,386
		Grants		735,700
			Total	2,148,696
	Source of funds
		General fund		89,500
		Transportation fund		75,990
		Federal funds		1,604,670
		Special funds		378,536
			Total	2,148,696

Sec. 80.	Agriculture, food and markets - administration
		Personal services		570,566
		Operating expenses		91,810
		Grants		509,871
			Total	1,172,247
	Source of funds
		General fund		726,321
		Federal funds		250,000
		Special funds		71,855
		Interdepartmental transfer		124,071
			Total	1,172,247

Sec. 81.	Agriculture, food and markets - agriculture development
		Personal services		477,504
		Operating expenses		119,064
		Other		368,247
			Total	964,815
	Source of funds
		General fund		562,981
		Special funds		326,834
		Interdepartmental transfer		75,000
			Total	964,815

Sec. 82.	Agriculture, food and markets - animal and dairy
		Personal services		1,310,826
		Operating expenses		247,539
		Grants		1,492
			Total	1,559,857
	Source of funds
		General fund		996,613
		Federal funds		510,244
		Special funds		48,000
		Interdepartmental transfer		5,000
			Total	1,559,857

Sec. 83.	Agriculture, food and markets - plant industry, labs and consumer assurance
		Personal services		1,962,664
		Operating expenses		481,403
			Total	2,444,067
	Source of funds
		General fund		586,114
		Transportation fund		45,013
		Federal funds		399,633
		Special funds		1,215,441
		Interdepartmental transfer		197,866
			Total	2,444,067

(a) The establishment of one (1) new classified position - Environmental Engineer - is authorized in fiscal year 2001.

Sec. 84.	Agriculture, food and markets - state stipend
		Grants		150,000
	Source of funds
		General funds		150,000

(a) The department of agriculture, food and markets shall work with the fairs and field days association to review the levels of awards and premiums awarded to youth and public exhibitors. The department shall report back to the house and senate appropriations committees on this review by January 1, 2001.

Sec. 85.	Agriculture, food and markets - mosquito control
		Grants		90,000
	Source of funds
		Special funds		90,000

Sec. 86.	Public service - regulation and energy
		Personal services		3,969,100
		Operating expenses		673,513
		Grants		350,000
			Total	4,992,613
	Source of funds
		Federal funds		1,020,500
		Special funds		3,947,113
		Interdepartmental transfer		25,000
			Total	4,992,613

Sec. 87.	Public service - purchase and sale of power
		Personal services		7,442
		Operating expenses		426
			Total	7,868
	Source of funds
		Special funds		7,868

Sec. 88.	Enhanced 9-1-1 Board
		Personal services		1,962,421
		Operating expenses		298,582
			Total	2,261,003
	Source of funds
		Special funds		2,261,003

(a) Notwithstanding any other provision of law, no other agency of state government may spend funds appropriated by this act for the purpose of requiring any individual to disclose any enhanced 911 address related to such individual, provided that individual furnishes an alternative mailing address.

(b) Notwithstanding the provisions of 30 V.S.A. § 7054 or 32 V.S.A. § 511, monies deposited into the E-911 fund and carried forward to a subsequent fiscal year shall not be spent, as excess receipts or otherwise, for the construction or maintenance of any public service answering points not already in operation on January 1, 2001 without an express, annual appropriation of the general assembly.

Sec. 89.	Public service board
		Personal services		2,009,964
		Operating expenses		295,000
			Total	2,304,964
	Source of funds
		Special funds		2,304,964

(a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Information Technology Specialist - is authorized in fiscal year 2001.

Sec. 90.	Judiciary
		Personal services		18,886,526
		Operating expenses		3,098,900
		Other		2,000
			Total	21,987,426
	Source of funds
		General fund		16,284,806
		Transportation fund		3,565,620
		Federal funds		127,000
		Interdepartmental transfer		2,010,000
			Total	21,987,426

(a) The establishment of seven (7) new exempt positions - two (2) Court Officer, two (2) Court Recorder, two (2) Docket Clerk and one (1) Information Technology Specialist - is authorized in fiscal year 2001.

(b) The establishment of six (6) exempt limited service positions - one (1) Information Technology Specialist III, one (1) Information Technology Specialist II, one (1) Information Technology Specialist I, one (1) Network Specialist II, one (1) Juvenile Justice Systems Improvement Manager and one (1) Administrative Assistant A - is authorized in fiscal 2001 for the duration of their respective grants.

Sec. 91. 4 V.S.A. § 71(a) is amended to read:

(a) There shall be *[12]* 14superior judges, whose terms of office shall, except in the case of an appointment to fill a vacancy or unexpired term, begin on April 1 in the year of their appointment or retention, and continue for six years.

Sec. 92.	Human rights commission
		Personal services		290,531
		Operating expenses		37,564
			Total	328,095
	Source of funds
		General fund		261,490
		Federal funds		66,604
		Special funds		1
			Total	328,095

Sec. 93.	Vermont radiological emergency response plan fund
		Other		400,000
	Source of funds
		Special funds		400,000

Sec. 94.	Vermont fire service training council
		Personal services		547,517
		Operating expenses		297,853
			Total	845,370
	Source of funds
		General fund		62,199
		Transportation fund		98,994
		Federal funds		205,000
		Special funds		370,877
		Interdepartmental transfer		108,300
			Total	845,370

Sec. 95.	Total protection to persons and property			140,502,870
	Source of funds
		General fund		46,421,608
		Transportation fund		28,540,116
		Federal funds		21,149,336
		Special funds		33,735,555
		Tobacco fund		499,000
		Enterprise funds		3,487,267
		Interdepartmental transfer		6,669,988
			Total	140,502,870

Sec. 96.	Human services - agency of human services - central office
		Personal services		3,126,592
		Operating expenses		944,106
		Grants		5,965,162
			Total	10,035,860
	Source of funds
		General fund		3,669,785
		Federal funds		6,063,802
		Special funds		302,273
			Total	10,035,860

(a) The establishment of one (1) new classified position - Systems Developer II - is authorized in fiscal year 2001.

Sec. 97. IMPROVING OUTCOMES THROUGH THE STATE TEAM

FOR CHILDREN, FAMILIES, INDIVIDUALS, AND THE REGIONAL AND COMMUNITY PARTNERSHIPS

(a) The General Assembly supports and encourages the collaborative, reciprocal ventures undertaken by the agency of human services, the department of education, the University of Vermont, the state colleges, the health care system, and their community partners in order to improve the lifelong well-being of all Vermonters. It creates a research partnership among the parties to study and improve the effectiveness of this collaborative work, and gives permission for this research to be cooperatively funded by the partners.

(b) Outcomes related to the well-being of Vermonters shall be studied and reported for at least the following areas: pregnant women and newborns thrive, infants and children thrive, children are ready for school, children are successful in school, children live in stable and supported families, youth choose healthy behaviors, and youth successfully transition to adulthood.

(c) On or before February 15 of each year, the secretary of the agency of human services and the commissioner of education shall file a written report with the General Assembly, regarding the development and accomplishments of The State Team for Children, Families and Individuals and Regional and Community Partnerships, the status of outcomes on a state and local level, and the findings of research undertaken. The secretary and commissioner shall also make recommendations for improving existing state, regional and local partnerships based on the outcome research data.

Sec. 98.	Rate setting
		Personal services		565,392
		Operating expenses		63,310
			Total	628,702
	Source of funds
		Interdepartmental transfer		628,702

Sec. 99.	Human services board
		Personal services		210,118
		Operating expenses		16,972
			Total	227,090
	Source of funds
		General fund		87,731
		Federal funds		116,859
		Interdepartmental transfer		22,500
			Total	227,090

Sec. 100.	Corrections - administration
		Personal services		1,499,082
		Operating expenses		322,087
		Grants		3,508,544
			Total	5,329,713
	Source of funds
		General fund		1,759,713
		Federal funds		3,550,000
		Special funds		20,000
			Total	5,329,713

(a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Inmate Legal Education Director - is authorized in fiscal year 2001.

(b) In an effort to decrease the future demand for correctional services, the department of corrections and the agency of human services shall work with Vermont municipalities in developing citizen participation to create crime prevention activities and resolve such crime-related conflicts as are identified by interested municipalities.

Sec. 101.	Corrections - parole board
		Personal services		174,233
		Operating expenses		79,555
			Total	253,788
	Source of funds
		General fund		253,788

Sec. 102.	Corrections - corrections services
		Personal services		43,750,192
		Operating expenses		24,503,559
		Grants		185,000
			Total	68,438,751
	Source of funds
		General fund		65,827,293
		Transportation fund		1,402,578
		Federal funds		457,995
		Special funds		274,500
		Interdepartmental transfer		476,385
			Total	68,438,751

(a) The following positions are authorized to replace ongoing temporary services. The establishment of twenty (20) new classified positions - Correctional Officer I - is authorized in fiscal year 2001.

(b) $35,000.00 of the above general fund appropriation shall be used as a grant to Dismas House.

Sec. 102a. 28 V.S.A. § 816 is amended to read:

§ 816. INMATE RECREATION FUND

The department shall accept monies generated by commissions on telephone services, commissary sales and sales of vended items at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund may be used, at the discretion of the commissioner, to hire persons or purchase services, equipment and goods to establish or enhance recreation activities for inmates confined in any of the department’s facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities.

Sec. 103.	Corrections - correctional facilities
		Personal services		238,715
		Operating expenses		276,900
			Total	515,615
	Source of funds
		Special funds		515,615

Sec. 104.	Corrections - correctional education
		Personal services		2,012,211
		Operating expenses		357,925
			Total	2,370,136
	Source of funds
		General fund		2,066,351
		Interdepartmental transfer		303,785
			Total	2,370,136

Sec. 105.	Corrections - Vermont correctional industries
		Personal services		987,319
		Operating expenses		894,200
			Total	1,881,519
	Source of funds
		Internal service funds		1,881,519

Sec. 106.	Developmental disabilities council
		Personal services		110,167
		Operating expenses		35,558
		Other		257,368
			Total	403,093
	Source of funds
		Federal funds		403,093

Sec. 107.	Health - administration and support
		Personal services		2,245,043
		Operating expenses		989,299
			Total	3,234,342
	Source of funds
		General fund		1,206,496
		Federal funds		2,005,829
		Special funds		8,017
		Interdepartmental transfer		14,000
			Total	3,234,342

Sec. 108.	Health - health protection
		Personal services		2,852,959
		Operating expenses		681,600
		Grants		137,570
			Total	3,672,129
	Source of funds
		General fund		1,527,101
		Federal funds		1,127,703
		Special funds		705,600
		Interdepartmental transfer		311,725
			Total	3,672,129

Sec. 109.	Health - health surveillance
		Personal services		4,551,462
		Operating expenses		1,611,525
		Grants		2,000,000
			Total	8,162,987
	Source of funds
		General fund		3,328,381
		Federal funds		3,965,703
		Special funds		776,638
		Interdepartmental transfer		84,265
		Expendable trust		8,000
			Total	8,162,987

(a) Of the above general fund appropriation, $300,000.00 shall be used for existing AIDS service organizations or peer-run AIDS organizations for direct client-based case management or directly related support services.

(b) Of the above federal fund appropriation, $83,000.00 shall be used for existing AIDS service organizations or peer-run AIDS organizations for direct client-based case management or directly related support services.

(c) The grants in subsections (a) and (b) of this section to existing AIDS service organizations for case management services shall be awarded equitably on a per client basis and shall be used for services only, not administrative or other purposes. The method by which AIDS service organizations’ clients are counted shall be determined by mutual agreement of the department of health and the AIDS service organizations.

Sec. 110. HIV/AIDS MEDICAL ASSISTANCE PROGRAM

(a) $200,000.00 of the general fund appropriation in Sec. 109 of this act shall be used for all aspects of the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, nutritional supplements and maximum cost-effectiveness for the program.

(b) The secretary of human services shall immediately notify the joint fiscal committee if at any time there are insufficient funds in AMAP to assist all eligible individuals. The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the legislature can take action.

(c) The secretary of human services shall convene an AMAP advisory committee comprised of no less than 50 percent of members who are living with HIV. The committee shall make recommendations regarding the program's formulary of approved medications, related laboratory testing, nutritional supplements and eligibility for the program.

Sec. 111.	Health - health improvement
		Personal services		3,714,226
		Operating expenses		969,323
		Grants		6,127,412
		Other		739,416
			Total	11,550,377
	Source of funds
		General fund		3,426,901
		Federal funds		7,600,535
		Special funds		359,441
		Interdepartmental transfer		163,500
			Total	11,550,377

(a) The department of health may carry forward any unspent portion of funds designated for primary care loan repayment. These funds may be used either alone or to match Federal National Health Service Corps loan repayment funds, local funds, or private funds, and shall be made available to primary care providers who agree to practice for a prescribed period of time in the state, serving a portion of the state designated as a health professional shortage population, or other rural or underserved areas. Educational scholarships, loan repayment grants, loan deferment payments and payments of taxes due on the award may be considered for payment.

(b) Of the above appropriation, $300,000.00 is to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families. The coalition shall report to the general assembly on or before January 1 of each year with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly.

(c) Of the above appropriation, $200,000.00 is to support the Burlington Health Clinic. The Burlington Health Clinic shall report to the general assembly on or before January 1 of each year with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly.

(d) Of the above appropriation, $290,000.00 general funds shall be dedicated to service delivery to Medicaid recipient children and families through family partnership programs consistent with Sec. 111a of this act and $20,000.00, to be matched with federal Medicaid dollars, shall be used to fund the evaluation of family partnership programs consistent with Sec. 111b of this act.

Sec. 111a. FAMILY PARTNERSHIP PROGRAMS

(a) The secretary of human services, acting through the department of health, shall establish standards and procedures to implement a three-year family partnership demonstration project in the home health agencies of Chittenden, Washington, and Orange/Windsor counties. The commissioner of health shall award grants annually to administer the programs by considering the number of high risk families with children ages zero to five in the identified areas.

(b) The family partnership program demonstration project shall be evaluated, at the expiration of three years, to determine whether implementation of the program should be expanded statewide, in conjunction with the Healthy Babies program of the department of health. The family partnership program shall:

(1) Provide families with individualized, intensive home visiting by specially trained nurses and other professionals who have ongoing supervision.

(2) Focus on families with the greatest needs first, begin interventions during pregnancy, adjust interventions to suit the needs of the individual family, use a multi-problem focus in its interventions, and actively promote health and caregiving behaviors.

(3) Offer training to home visitation staff of other local and state agencies.

(4) Operate under training standards, protocols, staff qualifications and competencies, data and documentation procedures, outcome measures, family risk criteria, and referral mechanisms established in conjunction with the department of health.

(c) Funding for the initial three years shall be used to expand existing home visitation programs in compliance with the criteria in this section.

(d) On or before January 15 of each year, the secretary of human services shall report to the General Assembly on the family partnership programs, including information concerning the number of families served, outcomes for families and children, and the extent of services throughout the state.

Sec. 111b. EVALUATION OF THE FAMILY PARTNERSHIP PROGRAMS

(a) An independent evaluation of the family partnership program, to be facilitated by the department of health, shall be performed for the first three years of the program’s operation.

(b) Interim evaluation reports shall be submitted to the secretary of human services on or before December 15 of each year of the program’s operation. The final evaluation report shall be submitted to the General Assembly on or before January 15, 2004.

Sec. 112.	Health - community public health
		Personal services		8,709,396
		Operating expenses		1,383,761
		Grants		3,543,330
		Other		6,620,000
			Total	20,256,487
	Source of funds
		General fund		3,763,731
		Federal funds		16,052,637
		Special funds		405,400
		Interdepartmental transfer		34,719
			Total	20,256,487

Sec. 113.	Health - alcohol and drug abuse programs
		Personal services		2,598,024
		Operating expenses		494,959
		Grants		8,667,191
			Total	11,760,174
	Source of funds
		General fund		2,977,036
		Federal funds		8,123,038
		Special funds		650,100
		Interdepartmental transfer		10,000
			Total	11,760,174

(a) The department of health shall submit to the senate and house committees on appropriations and health and welfare, a statewide comprehensive plan for substance abuse prevention, intervention and treatment of children and youth by December 15, 2000. The plan shall specifically address how the department will replace the money previously funding some of these efforts, including the New Directions grant and other sources of funds.

(b) Of the above appropriation, $187,541.00 shall be used for wage and benefit increases for substance abuse providers, having due regard for the lowest income employees.

Sec. 114.	Social welfare - administration
		Personal services		26,397,866
		Operating expenses		12,641,781
		Grants		5,113,470
			Total	44,153,117
	Source of funds
		General fund		13,940,781
		Federal funds		26,558,109
		Special funds		3,654,227
			Total	44,153,117

(a) The establishment of four (4) new classified positions - two (2) Systems Developer II, one (1) Medical Social Worker and one (1) Managed Care Administrator - is authorized in fiscal year 2001.

(b) The establishment of two (2) new classified positions - Program Service Clerk - is authorized in fiscal year 2001.

Sec. 115.	Social welfare - aid to needy families with children
		Grants		39,910,884
	Source of funds
		General fund		15,542,899
		Federal funds		22,267,985
		Special funds		2,100,000
			Total	39,910,884

(a) An 18-year old dependent child who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age 19 or not expected to complete the program before reaching age 19 solely due to a documented disability, may remain on the ANFC grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision.

Sec. 116.	Social welfare - aid to aged, blind and disabled
		Grants		9,881,128
	Source of funds
		General fund		9,881,128

(a) Of the above general fund appropriation, $213,500.00 shall be used to provide a 2.4 percent increase in the monthly AABD state supplement to federal Supplemental Security Income (SSI) benefits for SSI/AABD recipients. This increase in the AABD state supplement shall be effective July 1, 2000, or the first day of the earliest calendar month in which the federal Social Security Administration can implement such AABD increase, whichever is later.

(b) All funds appropriated under this section are for grants to AABD recipients. Any funds not expended for that purpose in fiscal year 2001 due to caseload estimates or any other reason shall not revert and may only be transferred for programs that benefit AABD recipients.

Sec. 117.	Social welfare - Medicaid
		Grants		388,766,333
	Source of funds
		General fund		73,750,865
		Federal funds		241,160,779
		Special funds		56,604,689
		Tobacco fund		17,250,000
			Total	388,766,333

(a) HIV/AIDS health insurance assistance program as follows:

(1) The department of social welfare, in cooperation with the department of health, shall operate an HIV/AIDS insurance assistance program.

(2) The program shall pay all or a portion of continuation health insurance premiums for those eligible individuals with HIV/AIDS for whom it can be determined that continuation of private insurance coverage is less costly to the state than other alternatives.

(3) Eligibility for this program shall be limited to individuals whose household income does not exceed 200 percent of the federal poverty level, after deducting unreimbursed medical expenses and health insurance premiums from gross income, and whose assets, exclusive of the primary residence and certain other exclusions to be defined by the department of social welfare, do not exceed $10,000.00.

(4) Expenditures under this program shall not exceed $55,000.00 in fiscal year 2001.

(b) The department of social welfare is authorized to amend the rules for the Medicaid and State Child Health Insurance (Title XIX) programs to require, for beneficiaries whose household income exceeds 185 percent of the federal poverty level, and is less than or equal to 225 percent of the federal poverty level, payment of a premium of $20.00 per household per month; for beneficiaries who have another source of health insurance and whose household income exceeds 225 percent of the federal poverty level, and is less than or equal to 300 percent of the federal poverty level, payment of a premium of $24.00 per household per month; for beneficiaries who do not have another source of health insurance and whose household income exceeds 225 percent of the federal poverty level, and is less than or equal to 300 percent of the federal poverty level, payment of a premium of $50.00 per household per month. Implementation of these requirements is subject to approval by the federal Health Care Financing Administration.

(c) Notwithstanding Sec.12 of No. 14 of the Acts of 1995, the department of social welfare is authorized to amend the rules for the VHAP program to require, for beneficiaries whose household income is equal to or exceeds 100 percent of the federal poverty level and is less than 150 percent of the federal poverty level, payment of a semiannual program fee of $40.00; for beneficiaries whose household income is equal to or exceeds 150 percent of the federal poverty level and is less than 185 percent of the federal poverty level, payment of a semiannual program fee of $50.00; and payment of any outstanding fees as a condition of eligibility for program benefits. Implementation of these requirements is subject to approval by the federal Health Care Financing Administration.

(d) The department of social welfare shall submit to the health care financing administration (HCFA), a request to include in Vermont’s federal Medicaid waiver for the Vermont Health Access Plan’s pharmacy program any Medicare-covered individual with household income above 175 percent of federal poverty level with no Medigap policy that covers drugs and other individuals with household incomes up to 300 percent of the federal poverty level who do not have an insurance program that includes a prescription drug benefit. If the waiver request as defined in this subsection does not meet with HCFA approval, the commissioner is authorized to negotiate with HCFA the broadest coverage expansion possible. Individuals in this expanded coverage group shall receive a financial subsidy for prescription drugs equal to the average rebate paid to the Medicaid program by pharmaceutical manufacturers. An annual enrollment fee, established by rule, is authorized. Expansion of coverage and payment of subsidies to these individuals are contingent on federal approval of the waiver modification request and will occur as soon as administratively possible after approval is granted.

(e) In addition to any other inflationary increases, $4,801,000.00 of the above appropriation shall be used to increase reimbursement rates for primary care physicians, independently practicing behavioral health practitioners, psychiatrists and home health providers.

(f) The department of social welfare shall propose for inclusion in its proposed revised Medicaid plan, or seek a 1115 waiver amendment to allow participant fees to be counted as state match to Medicaid federal share as is done in Tennessee. In the event that this is not allowed; the department shall research the feasibility and report prior to the FY 2001 budget adjustment on any changes needed to make the premiums a tax surcharge that would be generalized to state health care programs thereby facilitating collections and allowing the state to keep surcharge receipts.

(g) With respect to premiums and other program participation charges made to beneficiaries of the VHAP program, the State Child Health Insurance program and any other Medicaid program, during fiscal year 2001 the department of social welfare shall report quarterly to the health access oversight committee concerning the collection rates for these charges, the department’s plan to increase collections of these charges, and any revised revenue estimates due to such enhanced collection efforts.

(h) Of the above appropriation, $10,000.00 shall be used to provide a $0.41 increase in the monthly personal needs allowance retained by Vermont Medicaid beneficiaries who live in a long-term care facility and who are not recipients of SSI/AABD benefits. This increase in the Medicaid personal needs allowance shall be effective on the same date as the 2.4 percent increase in the AABD state supplement is effective.

Sec. 117a. 33 V.S.A. § 1906a is amended to read:

§ 1906a. RECOVERY AGAINST ESTATE; HOMESTEAD EXEMPTIONS

No recovery of medical expenses shall be made under this subchapter against a homestead *[of modest value]*; provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. *[For the purposes of this section, "a homestead of modest value" means a homestead valued at less than $125,000.00.]* This section shall take effect when the amended state plan is deemed approved by the Health Care Financing Administration (HCFA) pursuant to 42 C.F.R. § 430.16. If such approval is received after June 30, 1999 the exemption shall be retroactive and apply to all probate estates opened after June 30, 1999. If the agency of human services does not receive approval of the state plan amendment, it shall exhaust all administrative appeals and seek approval of another state plan amendment at the maximum homestead value exemption the health care financing administration (HCFA) will allow. If a maximum homestead value exemption is approved by HCFA, then any recoveries due HCFA on homesteads valued between such maximum and $125,000.00 shall be paid through state general funds provided the caregiving or poverty standards set forth above are also met and the probate estate was opened after June 30, 2000.

Sec. 117b. MEDICAID COST SHIFT REPORTING

(a) It is the intent of this section to measure the elimination of the Medicaid cost shift. For hospitals, this measurement shall be based on a comparison of the difference between Medicaid and Medicare reimbursement rates. For other health care providers, an appropriate measurement shall be developed that includes an examination of the Medicare rates for providers. In order to achieve the intent of this section, it is necessary to establish a reporting and tracking mechanism to obtain the facts and information necessary to quantify the Medicaid cost shift, to evaluate solutions for reducing the effect of the Medicaid cost shift in the commercial insurance market, to ensure that any reduction in the cost shift is passed on to the commercial insurance market, to assess the impact of such reductions on the financial health of the health care delivery system, and to do so within a sustainable utilization growth rate in the Medicaid program.

(b) By December 15, 2000, and annually thereafter, the commissioner of banking, insurance, securities, and health care administration, the secretary of human services, and each acute care hospital shall file with the joint fiscal committee, in the manner required by the committee, such information as is necessary to carry out the purposes of this section. Such information shall pertain to the provider delivery system to the extent it is available.

(c) By December 15, 2000, and annually thereafter, the report of hospitals to the joint fiscal committee under subsection (b) of this section shall include information on how they will manage utilization in order to assist the agency of human services in developing sustainable utilization growth in the Medicaid program.

(d) By December 15, 2000, the commissioner of banking, insurance, securities, and health care administration shall report to the joint fiscal committee with recommendations on mechanisms to assure that appropriations intended to address the Medicaid cost shift will result in benefits to commercial insurance premium payers in the form of lower premiums than they otherwise would be charged.

(e) The first $250,000.00 resulting from declines in caseload and utilization related to hospital costs, as determined by the commissioner of social welfare, from the funds allocated within the Medicaid program appropriation for hospital costs in fiscal year 2001 shall be reserved for cost shift reduction for hospitals.

Sec. 118. Sec. 3 of No. 3 of the Acts of 1999 is amended to read:

Sec. 3. EFFECTIVE DATE

This act shall be effective from the date of passage and shall be repealed on July 1, *[2000]* 2001.

Sec. 119.	Social welfare - general assistance
		Grants		4,044,762
	Source of funds
		General fund		3,283,441
		Federal funds		761,320
		Special funds		1
			Total	4,044,762

(a) Of the above appropriation, $400,000.00 in federal TANF funds is allocated specifically for assistance to families who demonstrate that they are faced with a reasonably preventable loss of housing and who meet state requirements for this assistance, as established by regulation, effective July 1, 1998, including modifications effective July 1, 1999, and the following modifications that shall be established by regulations, effective July 1, 2000: families whose circumstances constitute a good cause basis for the arrearage shall be eligible for up to three months' actual rent or mortgage payment owed, and families whose circumstances do not constitute a good cause basis for the arrearage shall be eligible for up to two months' actual rent or mortgage payment owed. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds.

(b) Of the above appropriation, an amount not to exceed $150,000.00 ($75,000.00 federal TANF funds and $75,000.00 general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations, and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds.

Sec. 120.	Social welfare - food stamp cash out
		Grants		4,519,544
	Source of funds
		Federal funds		4,519,544

Sec. 121.	Social welfare - home heating fuel assistance/LIHEAP
		Personal services		50,000
		Operating expenses		60,000
		Grants		5,629,476
			Total	5,739,476
	Source of funds
		Special funds		5,739,476

Sec. 122. SOCIAL WELFARE - HOME HEATING FUEL ASSISTANCE/LIHEAP

(a) All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP), or other similar federal program in fiscal year 2001, and all unexpended LIHEAP funds granted to the state in fiscal year 2000, are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under chapter 26 of Title 33.

(b) For the purposes of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2000, and program administration, the commissioner of finance and management shall transfer $2,550,000.00 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available. An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received. Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2000-2001 crisis set-aside and seasonal home heating fuel assistance through December 31, 2000, and LIHEAP funds awarded as of December 31, 2000 for fiscal year 2001 do not exceed $2,550.000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2001. Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available except that for fuel assistance payments made through December 31, 2000, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

(c) Of the funds appropriated in Sec. 121 of this act no more than $900,000.00 shall be expended for crisis fuel assistance benefits, crisis fuel directed service/administration, and crisis fuel after-hours assistance. In the 2000-2001 fuel season, in the event that $900,000.00 is insufficient to fund the crisis component of the fuel program, as defined above, and no federal LIHEAP emergency contingency funding is released to the state during the 2000-2001 program year, the home weatherization assistance trust fund shall be the source of the additional funds required.

Sec. 123. THE ADOPTION OF SOCIAL WELFARE RULES

(a) The secretary of human services is authorized to adopt rules under the expeditious rule-making procedures provided in this section in order that changes reflected in this act to programs administered by the department of social welfare may be implemented by July 1, 2000. Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the agency of human services may file prior to and adopt, effective July 1, 2000, all rules necessary to do the following:

(1) Implement Medicaid, VHAP, VHAP-Pharmacy, and VScript policies as specified in this act.

(2) Exempt all individuals domiciled in the state of Vermont from the implementation of section 115(a) of Public Law 104-193 through June 30, 2001.

(3) Implement general assistance policies to increase the number of months of rent or mortgage arrearage payments and increase the number of days of temporary housing assistance as specified in this act.

(4) Increase AABD benefits as specified in this act.

(5) Increase personal needs deduction for non-SSI Medicaid beneficiaries residing in long-term care facilities as specified in this act.

(6) Amend medical assistance rule M813.2 as specified in this act.

(b) Such rules may be adopted by filing them in final proposed form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after the agency of human services’ publication, in the three daily Vermont newspapers of highest average circulation, of a notice that lists all rules to be adopted by this process and provides for a seven-day public comment period. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A. § 842, except that its action shall be completed within 15 days or by June 22, 2000, whichever is sooner. Rules so adopted may be effective as soon as five days after adoption and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25 and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. § 843 and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.

Sec. 124.	Office of economic opportunity
		Personal services		450,250
		Operating expenses		115,224
		Grants		9,231,422
			Total	9,796,896
	Source of funds
		General fund		903,598
		Federal funds		4,204,907
		Special funds		4,047,844
		Interdepartmental transfer		640,547
			Total	9,796,896

(a) Of the above general fund appropriation, $500,000.00 shall be granted to community agencies for homeless assistance for preserving existing services or increasing resources available statewide. These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds. Grant decisions shall be made with assistance from the coalition of homeless Vermonters.

Sec. 125.	Office of child support services
		Personal services		5,603,102
		Operating expenses		2,079,996
		Other		900,000
			Total	8,583,098
	Source of funds
		General fund		878,370
		Federal funds		7,364,728
		Special funds		340,000
			Total	8,583,098

Sec. 126.	Social and rehabilitation services - administrative and support services
		Personal services		1,635,042
		Operating expenses		210,668
			Total	1,845,710
	Source of funds
		General fund		870,335
		Federal funds		975,375
			Total	1,845,710

Sec. 127.	Social and rehabilitation services - disability determination services
		Personal services		2,552,746
		Operating expenses		459,531
			Total	3,012,277
	Source of funds
		Federal funds		2,756,302
		Interdepartmental transfer		255,975
			Total	3,012,277

Sec. 128.	Social and rehabilitation services - social services
		Personal services		14,151,867
		Operating expenses		1,992,366
		Other		45,502,016
			Total	61,646,249
	Source of funds
		General fund		23,286,028
		Federal funds		37,460,221
		Special funds		900,000
			Total	61,646,249

(a) The commissioner shall establish guidelines for the equitable distribution and expenditure of funds for youth through age 19 for the purpose of completing their high school education, or an alternative program of vocational or technical training. Of the above appropriation $100,000.00 is to provide additional funding for this effort.

Sec. 129.	Social and rehabilitation services - Woodside juvenile rehabilitation center
		Personal services		1,763,259
		Operating expenses		259,384
			Total	2,022,643
	Source of funds
		General fund		1,939,892
		Interdepartmental transfer		82,751
			Total	2,022,643

Sec. 130.	Social and rehabilitation services - child care services
		Personal services		1,329,181
		Operating expenses		301,091
		Grants		24,024,605
			Total	26,654,877
	Source of funds
		General fund		5,307,181
		Transportation funds		75,000
		Federal funds		20,440,696
		Special funds		832,000
			Total	26,654,877

(a) The division of child care services shall not impose a cap on the number of child care fee scale slots without prior review of program utilization during the fiscal year 2001 budget adjustment process.

Sec. 131.	Developmental and mental health services - central office
		Personal services		1,922,611
		Operating expenses		612,550
			Total	2,535,161
	Source of funds
		General fund		1,191,896
		Federal funds		1,343,265
			Total	2,535,161

(a) The commissioner of developmental and mental health services in conjunction with the defender general, the disability law project, and the mental health law project shall review the current statutes addressing persons with developmental disabilities in conjunction with issues of competency and custody, including but not necessarily limited to Title 18, chapter 206 (Care of Mentally Retarded Persons) and Title 13, chapter 157 (Insanity as a Defense). The commissioner shall provide to the general assembly, not later than January 1, 2001, a report with proposals for any changes the commissioner deems necessary.

Sec. 132.	Developmental and mental health services - community mental health
		Personal services		1,904,310
		Operating expenses		178,298
		Grants		55,660,714
		Other		137,200
			Total	57,880,522
	Source of funds
		General fund		21,134,976
		Federal funds		32,939,957
		Special funds		2,585,756
		Interdepartmental transfer		1,219,833
			Total	57,880,522

(a) Of the above appropriation, $2,866,266.00 shall be used for wage and benefit increases for mental health service providers, with due regard for the lowest income employees. Such increases shall extend to contract workers in the community mental health provider network, including home providers.

Sec. 133.	Developmental and mental health services - developmental services
		Personal services		2,530,365
		Operating expenses		367,718
		Grants		71,001,457
		Other		81,340
			Total	73,980,880
	Source of funds
		General fund		28,282,570
		Federal funds		44,775,101
		Special funds		559,909
		Interdepartmental transfer		363,300
			Total	73,980,880

(a) The department of developmental and mental health services shall not change the System of Care Plan regarding eligibility and services before the end of fiscal year 2001.

(b) Of the above appropriation, $3,958,178.00 shall be used for wage and benefit increases for developmental service providers, with due regard for the lowest income employees. Such increases shall extend to contract workers in the developmental service provider network, including home providers.

Sec. 134.	Developmental and mental health services - Vermont state hospital
		Personal services		7,716,284
		Operating expenses		794,066
		Grants		81,341
			Total	8,591,691
	Source of funds
		General fund		2,239,213
		Federal funds		6,280,728
		Special funds		71,750
			Total	8,591,691

Sec. 135.	Aging and disabilities - administration and support
		Personal services		13,176,128
		Operating expenses		2,233,417
			Total	15,409,545
	Source of funds
		General fund		6,620,366
		Federal funds		8,049,179
		Special funds		295,000
		Interdepartmental transfer		445,000
			Total	15,409,545

(a) The establishment of four (4) new classified positions - two (2) VR Counselors, one (1) TBI Services Specialist, and one (1) Rehabilitation Technology Specialist - is authorized in fiscal year 2001.

(b) Personal care attendants are exempt from 21 V.S.A. § 342 and shall not be construed as state employees except for purposes of 21 V.S.A. chapters 9 and 17.

(c) Of the above appropriation, at least $10,000.00 shall be expended by the department for the support of "The Independent", an independent newsletter to provide information and education on aging and disabilities issues.

(d) The state shall allocate the appropriation for the traumatic brain injured waiver for fiscal year 2001 in the following manner: rehabilitation program, 58 slots; long-term program, seven slots. The number of long-term program slots may be increased by no more than 18 if matching funds are available to support the additional slots.

(e) The department of aging and disabilities shall convene a task force to include at least attendant services participants, representatives of the department of aging and disabilities and the department of social welfare, and interested advocacy groups, to explore ways to bring Medicaid reimbursement for services to some of the applicants for the attendant services program. By January 15, 2001, the task force shall make recommendations to maximize Medicaid funding that ensure the continuation of a strong attendant services program for those consumers who are ineligible for Medicaid or for whom it is the best approach to meet their needs, including the components of consumer direction, ability to hire spouses, and enabling employment. The task force recommendations shall also consider the manner in which Medicaid funding of the attendant services program complements the array of state-funded personal attendant care programs.

(f) Up to $25,000.00 of the above funds appropriated for personnel services and operating expenses shall be used to develop, in conjunction with the

area agencies on aging, a comprehensive study of and plan for Vermont’s elderly population regarding: preventive and other services necessary and appropriate to promote living conditions that lower the risk of disease and disability, maintain high mental and physical functioning and offer opportunities to engage in life.

Sec. 136.	Aging and disabilities - vocational rehabilitation
		Grants		4,707,740
	Source of funds
		General fund		1,406,945
		Federal funds		3,210,795
		Special funds		10,000
		Interdepartmental transfer		80,000
			Total	4,707,740

Sec. 137.	Aging and disabilities - blind and visually impaired
		Grants		1,214,634
	Source of funds
		General fund		465,106
		Federal funds		629,528
		Special funds		120,000
			Total	1,214,634

Sec. 138.	Aging and disabilities - division of advocacy and independent living
		Grants		10,796,178
	Source of funds
		General fund		3,738,214
		Transportation fund		522,000
		Federal funds		6,185,245
		Special funds		275,719
		Interdepartmental transfer		75,000
			Total	10,796,178

(a) Of the above general fund appropriation, $31,250.00 shall be granted to the Vermont center for independent living for the purpose of funding one peer advocate position.

(b) Notwithstanding 32 V.S.A. § 706, the department may transfer up to $250,000.00 in general funds for the elderly mental health initiative to the department of developmental and mental health services to maximize the use of Medicaid funds.

(c) The department of aging and disabilities, the department of housing and community affairs and the Vermont housing and conservation trust fund will actively research and identify sustainable funding mechanisms for home modification services, including the Vermont center for independent living’s home access program, and report the results of its research to the general assembly no later than January 15, 2001.

(d) In the event that the funding for the area agencies matching contribution provided in Sec. 252 of this act is not available for the study of the Vermont elderly population referenced in Sec. 135(f) of this act, up to $25,000.00 of the above appropriation for grants to the area agencies on aging for successful aging planning funds shall be used for this study. The study and plan shall be presented to the committees on health and welfare of the house and senate on or before October 1, 2001.

(e) Of the above general fund appropriation, $150,000.00 shall be for enhancements to adult day services, to be utilized with the dual goals of maximizing Medicaid receipts and supporting the state’s non-Medicaid subsidy program.

Sec. 139.	Children's trust fund
		Grant		270,313
	Source of funds
		General fund		109,748
		Federal funds		80,565
		Special funds		80,000
			Total	270,313

(a) At least 65 percent of the state appropriation for the Children's Trust Fund will be awarded for community-based program activities for the broad range of child abuse and neglect prevention activities.

Sec. 140.	Governor's commission on women
		Personal services		192,443
		Operating expenses		47,199
			Total	239,642
	Source of funds
		General fund		214,642
		Special funds		5,000
		Interdepartmental transfer		20,000
			Total	239,642

Sec. 141.	Retired senior volunteer program
		Grants		133,220
	Source of funds
		General fund		133,220

Sec. 142.	Disabled & needy veterans
		Personal services		1,800
		Operating expenses		900
		Grants		29,061
			Total	31,761
	Source of funds
		General fund		31,761

Sec. 143.	Vermont veterans' home - care and support services
		Personal services		8,611,735
		Operating expenses		2,439,788
			Total	11,051,523
	Source of funds
		General fund		1,085,254
		Federal funds		2,860,632
		Special funds		7,105,637
			Total	11,051,523

(a) All funds, except residents’ funds in subsection (c) of this section, currently being administered by the Vermont veterans' home shall, as of the effective date of this act, be transferred to the state treasurer, to be credited to appropriate accounts established in compliance with subsection 401(a) of Title 32. Such funds may be expended by the Vermont veterans' home upon submittal of vouchers to the commissioner of finance and management in compliance with section 463 of Title 32. Funds transferred pursuant to this section shall be administered pursuant to subchapter 5 of chapter 7 of Title 32 and interest earned by these funds shall be credited to the special fund.

(b) There is created a donations fund, to be administered pursuant to subchapter 5 of chapter 7 of Title 32. To this fund shall be credited those donations transferred to the state treasurer in subsection (a) of this section and any future donations to the Vermont veterans' home. Interest earned on the fund established pursuant to this section shall be credited to the donations fund.

(c) Notwithstanding subchapter 1 of chapter 7 of Title 32, the Vermont veterans' home is authorized to retain those funds wherein it is acting in a trustee capacity for residents of the Vermont veterans' home. Establishing and maintenance of these accounts shall be pursuant to section 431 of Title 32.

(d) Prior gifts received and included in the transfer in subsection (a) of this section to the state treasurer, and not previously subjected to section 5 of Title 32, are hereby accepted.

Sec. 144.	Vermont association for blind and visually impaired, inc.
		Grants		24,885
	Source of funds
		General fund		24,885

Sec. 145.	Independence Fund
		Grants		1
	Source of funds
		General fund		1

(a) Notwithstanding other provisions of No. 160 of the Acts of 1996 or other provisions of chapter 61 of Title 33, up to $100,000.00 of the redirected funds in fiscal year 2001 shall be directed to the independence fund to be used for grants which have matching funds equivalent to that of Medicaid, and are consistent with the purposes of and the time frame of Act No. 160. Proposals shall be received by September 1, 2000 with recommendations submitted to the secretary of human services within 30 days thereafter.

Sec. 146.	Total human services			946,165,453
	Source of funds
		General fund		306,157,622
		Transportation fund		1,999,578
		Federal funds		524,292,155
		Special funds		89,344,592
		Tobacco fund		17,250,000
		Internal service funds		1,881,519
		Interdepartmental transfer		5,231,987
		Expendable trust		8,000
			Total	946,165,453

Sec. 147.	Employment and training
		Personal services		17,400,000
		Operating expenses		8,295,345
		Grants		4,000,000
			Total	29,695,345
	Source of funds
		General fund		411,063
		Federal funds		26,375,850
		Special funds		108,432
		Interdepartmental transfer		2,800,000
			Total	29,695,345

Sec. 148.	Education - policy, planning, operations & finance
		Personal services		2,656,410
		Operating expenses		606,925
		Grants		4,026,570
			Total	7,289,905
	Source of funds
		General fund		2,296,770
		Federal funds		4,993,135
			Total	7,289,905

Sec. 149.	Education - school and instructional support
		Personal services		3,252,302
		Operating expenses		1,106,600
		Grants		16,537,765
			Total	20,896,667
	Source of funds
		General fund		4,907,234
		Transportation fund		639,932
		Federal funds		15,096,274
		Special funds		119,417
		Interdepartmental transfer		133,810
			Total	20,896,667

Sec. 150.	Education - family and educational support
		Personal services		2,604,626
		Operating expenses		872,697
		Grants		55,090,461
			Total	58,567,784
	Source of funds
		General fund		1,735,296
		Federal funds		56,651,065
		Special funds		32,800
		Interdepartmental transfer		148,623
			Total	58,567,784

Sec. 151.	Education - licensing
		Personal services		446,928
		Operating expenses		203,016
		Grants		1,015,000
			Total	1,664,944
	Source of funds
		Federal funds		1,111,241
		Special funds		538,442
		Interdepartmental transfer		15,261
			Total	1,664,944

(a) The establishment of one (1) new classified position - Teacher Testing Specialist - is authorized in fiscal year 2001.

Sec. 152.	Education - adult basic education
		Grants		3,196,474
	Source of funds
		General fund		2,419,927
		Federal funds		776,547
			Total	3,196,474

Sec. 153.	Education - career and lifelong learning
		Personal services		1,261,704
		Operating expenses		245,796
		Grants		12,617,200
			Total	14,124,700
	Source of funds
		General fund		1,053,760
		Education fund		7,268,886
		Federal funds		4,874,130
		Special funds		18,127
		Interdepartmental transfer		909,797
			Total	14,124,700

(a) The appropriations in this section shall be authorized notwithstanding sections 1564, 1565, 1566, and 1567 of Title 16.

Sec. 154. FUND APPROPRIATIONS AND TRANSFERS

(a) There is appropriated in fiscal year 2001 from the general fund for transfer to the education fund the amount of $238,032,196.00.

(b) There is appropriated in fiscal year 2001 from the education fund to the commissioner of education $450,000.00 for the purpose of awarding grants to pilot technical education projects under Sec.121a of No. 71 of the Acts of 1998.

(c) There is appropriated $50,000.00 in fiscal year 2001 from the general fund to the fiscal review panel established under 16 V.S.A. § 2974(e).

(d) There is appropriated in fiscal year 2001 from the general fund to the commissioner of education $17,000.00 for the purpose of civic education pursuant to Sec. 158a of No. 62 of the Acts of 1999.

(e) The last sentence of Sec. 164(b) of No. 62 of the Acts of 1999 is hereby repealed.

(f) In fiscal year 2002, there is transferred from the general fund to the education fund the amount transferred thereto in the previous fiscal year, increased by 3.5 percent.

Sec. 154a. FISCAL YEAR 2002 GENERAL FUND TRANSFER

(a) In fiscal year 2002 up to $4,000,000.00 is transferred from the general fund to the education fund. Said transfer shall be limited to the amount necessary to produce an education fund balance at the close of fiscal year 2002 of five percent, the maximum stabilization reserve amount under 16 V.S.A. § 4026(b).

Sec. 155.	Education - small school grants
		Grants		4,420,047
	Source of funds
		Education fund		4,420,047

Sec. 155a. STATE AID FOR EDUCATION; COVENTRY SCHOOL DISTRICT

(a) Due to an error in reporting of actual average daily membership in the Coventry school district, the district received less state aid than it should have received in fiscal years 1992 through 1997. Any money appropriated to be paid to the Coventry school district for underpayments of state aid in fiscal years 1992, 1993, 1994, 1995, 1996 and 1997 may be deposited into a school district special fund to be expended, upon approval of the electorate, for legitimate items of current education expense. The funds shall not be used for municipal services and shall not be considered local education spending under 16 V.S.A. § 4001(6).

Sec. 155b. SMALL SCHOOLS SUPPORT GRANT; RIVENDELL SCHOOLS

(a) For the purposes of 16 V.S.A. § 4015 which provides a small schools support grant to a school district which has a two-year average combined enrollment of fewer than 100 students, the three former school districts of the new Rivendell School district shall continue to be treated as separate school districts for the purpose of determining their eligibility for a small schools support grant for fiscal year 2001.

Sec. 156.	Education - special education: formula grants
		Other		876,000
		Grants		54,976,117
			Total	55,852,117
	Source of funds
		Education fund		54,976,117
		Federal funds		876,000
			Total	55,852,117

(a) Notwithstanding the provisions of 16 V.S.A. § 2969 or any other provisions of law, the reimbursements and grants pursuant to 16 V.S.A. § 2967 for fiscal year 2001 costs incurred by school districts shall be paid partially from the fiscal year 2001 appropriation and partially from the fiscal year 2002 appropriation. The fiscal year 2001 appropriation will cover the final reimbursements for fiscal year 2000 with the remainder available for reimbursements for fiscal year 2001 grants and reimbursements. Funds distributed to school districts for fiscal year 2001 expenses but to which the school districts were not entitled, based on final reports for fiscal year 2001, shall not be considered as part of the total expenditures for fiscal year 2001 under the 60 percent state funding provision of 16 V.S.A. § 2967, as limited by Sec. 120 of No. 71 of the Acts of 1998. Such funds held by local school districts shall be treated as expenditures in fiscal year 2002.

(b) Sec. 120(a) of No. 71 of the Acts of 1998 is repealed.

(c) Of the above appropriation, $876,000.00 in federal funds shall be utilized by the department of education for a special education cost containment initiative. Notwithstanding any provisions to the contrary, expenditures made from the $876,000.00 in federal funds for this initiative shall be counted as part of the state’s 60 percent share of funding under 16 V.S.A. § 2967. Fifteen permanent positions are authorized for staffing of this initiative, including two exempt positions and 13 permanent classified positions. The department shall report each January 15 to the house and senate appropriations and education committees, the house ways and means committee and the senate finance committee on the goals, benchmarks and achievements of this initiative, along with future funding requirements.

(d) In addition to deposits in the Medicaid Reimbursement Administrative Special Fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2001 $876,000.00 and in fiscal year 2002 $890,950.00 of federal Medicaid receipts received for reimbursement of medically-related services provided to students who are Medicaid eligible shall be deposited in the administrative special fund.

(e) $550,000.00 of general funds appropriated in Sec. 159 of No. 62 of the Acts of 1999 are hereby carried forward, and shall be utilized for one-time expenditures for the implementation of the cost containment initiative in subsections (c) and (d) of this section. Said funds shall be utilized as follows: $360,000.00 in fiscal year 2001 and $190,000.00 in fiscal year 2002.

Sec. 157. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND SIX

(a) Education funds of the appropriation for special education - formula grants, or other funds eligible to be used for matching federal funds, may be used by each supervisory union to participate in the success beyond six program. The purpose of the program is to expand local partnerships to enhance the educational opportunities of students who are at risk of failure in school. The services are to be supplied through contracts with community-based Medicaid providers. The form and substance of the contracts shall be established as part of the overall agreement for the implementation of the program to be executed between the commissioner of education and the secretary of human services.

Sec. 158.	Education - state-placed students
		Grants		8,858,000
	Source of funds
		Education fund		8,858,000

Sec. 159. Sec. 168 of No. 62 of the Acts of 1999 is amended to read:

Sec. 168. Education - state-placed students

		Grants		*[$8,000,000]*	8,516,000
	Source of funds
		Education fund		*[$8,000,000]*	8,516,000

Sec. 160. Education - school construction aid

(a) Notwithstanding Sec. 40c of No. 49 of the Acts of 1999, due to all current liabilities of school construction having been met, there is no required appropriation for school construction from the education fund for fiscal year 2001.

Sec. 160a. SCHOOL CONSTRUCTION STUDY

(a) The legislative joint fiscal office and the department of finance and management, with the assistance of the department of education, the school board association and the superintendents association, shall carry out a study to identify the need and recommend strategies to meet the need for affordable long-term financing of school construction projects. Specifically the study shall:

(1) Identify whether and to what extent the short-term and long-term demand for school construction funding exceeds the current $10,000,000.00 commitment of funding from the state’s capital bill.

(2) Identify ongoing revenues or funding sources which could be utilized to meet any estimates of demand.

(3) Review the existing system of prioritizing and approving school construction projects as to the financial implications these have.

(b) The study findings shall be reported by January 15, 2001 to the legislative committees on appropriations, education, finance, and ways and means and the secretary of administration.

Sec. 161.	Education - construction interest aid
		Grants		95,000
	Source of funds
		Education fund		95,000

Sec. 162.	Education - capital debt service aid
		Grants		4,241,783
	Source of funds
		Education fund		4,241,783

Sec. 162a. Sec. 171 of No. 62 of the Acts of 1999, as amended by Sec. 43 of No. 66 of the Acts of 2000, is further amended to read:

Sec. 171.	Education - capital debt service aid
		Grants		*[2,970,433]*	3,135,015
	Source of funds
		Education fund		*[2,970,433]*	3,135,015

Sec. 163.	Education - transportation
		Grants		12,023,415
	Source of funds
		Education fund		12,023,415

(a) This appropriation shall be considered a fiscal year 2001 combined base appropriation for the purposes of calculating subsequent appropriations in accordance with the provisions of Sec. 22(b) and (d) of Act No. 60 of the Acts of 1997, as amended by Sec. 98 of Act No. 71 of the Acts of 1998.

Sec. 164. EDUCATION - EDUCATION GRANTS

(a) There is appropriated from the education fund for fiscal year 2001 to the department of education $217,263,994.00 for education grants to school districts as required by Sec. 24 of No. 60 of the Acts of 1997. Such grants shall provide in fiscal year 2001 a total statewide average education grant per equalized pupil of $5,479.00.

Sec. 165. EDUCATION - LOCAL SHARE PROPERTY TAX

(a) There is appropriated from the education fund for fiscal year 2001 $35,700,000.00 or such other amounts so that $36,000,000.00 of education funds is allocated to guarantee a $40.00 yield for local share property tax payments to school districts as required by 16 V.S.A. § 4028(a)(2).

Sec. 166. PREDICTED YIELD FOR FISCAL YEAR 2002

(a) There is hereby allocated $35,800,000.00 within the education fund that the commissioner shall utilize in calculating the fiscal year 2002 yield. It is estimated that this allocation will result in a yield of $40.00.

(b) For fiscal year 2002 only, as part of a transition to the statutory process of a calculated equalized yield to be determined by September 15 prior to the development of local budgets, the commissioner shall not set the yield at an amount below $39.00.

Sec. 166a. 16 V.S.A. § 4027 is amended to read:

§ 4027. DETERMINATION OF *[EQUALIZED]* YIELD AMOUNT AND

AMOUNTS DUE TO OR FROM THE EDUCATION FUND

(a) On September 15 of each year, the commissioner of education shall determine a predictable yield for the following fiscal year, based upon the allocation, if any, to the yield pool by the General Assembly for the following fiscal year, and upon projected local education spending and projected local share income sensitivity costs for the following fiscal year. The commissioner shall calculate the predictable yield so that the estimated amount due into the yield pool, plus the amount allocated to the yield pool by the General Assembly, equals the estimated amount due out of the yield pool. By October 1, the commissioner shall report to the General Assembly the data and the calculation used to determine the predictable yield under this subsection. *[(a)]*(b) Annually, on or before June 30, the commissioner of education shall *[determine the equalized yield amount which will be used]* use the predictable yield amount established in subsection (a) of this sectionto determine:

(1) the local share property tax percentage a school district which adopts a budget with local education spending in excess of the general state support grant shall collect on properties in the district; and

(2) how much the district shall pay into or receive from the education fund. *[(b)]*(c) For purposes of this calculation, if, by June 1, any school district has failed to adopt a budget for the school year beginning the next July 1, the commissioner shall use the local education spending portion of the school district's most recently adopted budget. If a union school district or joint contract district of which the school district is a member has failed to adopt a budget by June 1, the commissioner shall use the most recently adopted union or joint contract budget allocated according to the current year's apportionment, to determine the assessment portion of local education spending. If a school district, union school district or joint contract district subsequently adopts a budget in a different amount,

(1) a district which is due money from the fund shall receive the lesser of the amount due based on the former year's budget or the amount due based on the actual budget voted; and

(2) a district which is required to pay money into the fund shall pay the greater of the amount due based on the former year's budget or the amount due based on the actual budget voted. *[(c) The commissioner of education shall calculate the equalized yield amount so that the amount due into the education fund under this section, plus any additional amount that may be allocated for this purpose in any fiscal year by the general assembly, equals the amount due out of the fund under this section.]*

(d) On or before, June 30, the commissioner of education shall inform each school district which has voted a budget with local education spending in excess of the general state support grant, how much it will owe to the education fund or how much it will receive from the fund.

(e) Annually, on or before June 1, each *[school district]* superintendentshall report to the *[commissioner its]* department of education, on a form prescribed by the commissioner, eachlocal education budget adopted for the following fiscal year *[on a form prescribed by the commissioner]* by the member districts of the supervisory union.

Sec. 166b. CONFORMING REFERENCES

The Statutory Revision Commission is directed to revise all references in Title 16 to “equalized yield” to references to “yield”, to conform to the provisions of this act.

Sec. 167.	State teachers' retirement system
		Personal services		6,788,821
		Operating expenses		115,299
		Grants		19,143,827
			Total	26,047,947
	Source of funds
		General fund		19,143,827
		Special funds		6,904,120
			Total	26,047,947

(a) Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of annual contributions to the Vermont state teachers' retirement system shall be $19,143,827.00 in fiscal year 2001. Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL- CIO.

Sec. 168. TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS

(a) The amount of $2,320,000.00 in education funds is appropriated to implement 32 V.S.A. § 4041(a), relating to payments to municipalities for reappraisal costs and 32 V.S.A. § 5405(f), relating to payments of $1.00 per grand list parcel.

Sec. 169.	Tax department - homestead property tax income sensitivity adjustments
		Other		87,230,500
	Source of funds
		General fund		5,222,417
		Transportation fund		3,928,083
		Education fund		78,080,000
			Total	87,230,500

(a) $900,000.00 of the transportation funds in this section shall be appropriated, notwithstanding Sec. 18 of No. 38 of the Acts of 1997, as amended.

Sec. 169a. Sec. 177 of No. 62 of the Acts of 1999 is amended to read:

Sec. 177.	Tax department - homestead property tax income sensitivity adjustments
		Other			*[82,300,000]*	79,990,000
	Source of funds
		General fund		4,329,417	4,329,417
		Transportation fund		3,035,083	3,035,083
		Special funds		635,500	635,500
		Education fund		*[74,300,000]*	71,990,000
			Total	*[82,300,000]*	79,990,000

(a) For FY 2000, education funds appropriated in this line item may be used for obligations under 32 V.S.A. § 6066(a)(3), that are specifically due to increased education related tax liabilities as estimated by the commissioner of taxes. This use of funds shall be deemed authorized as education income sensitivity payments under 16 V.S.A. § 4025(b)(3). General funds and transportation funds appropriated in this line item may be utilized for payments under 32 V.S.A. § 6066(b) that are specifically due to increased municipal taxes. The department of taxes shall submit an accounting of the actual cost of income sensitivity programs and the reasons for the specific allocation of funds to the joint fiscal committee prior to November 1, 2000.

(b) Should the amount appropriated in this section be insufficient, there is appropriated such additional amounts in the statutorily appropriate funds as determined necessary by the commissioner of finance and management to fully fund the income sensitivity requirements of 32 V.S.A. § 6066.

(c) In the event that the commissioner of finance and management makes additional appropriations from the education fund pursuant to subsection (b) above, an amount of general fund equal to the additional appropriation shall be transferred to the education fund prior to fiscal year 2000 closeout.

Sec. 170.	Total general education and property tax support			798,342,473
	Source of funds
		General fund		274,878,427
		Transportation fund		4,568,015
		Education fund		425,697,242
		Federal funds		84,378,392
		Special funds		7,612,906
		Interdepartmental transfer		1,207,491
			Total	798,342,473

Sec. 171.	University of Vermont
		Grants		32,447,285
	Source of funds
		General fund		32,447,285

(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the 15th of each calendar month of the year.

Sec. 172.	University of Vermont - Morgan horse farm
		Grants		1
	Source of funds
		General fund		1

Sec. 173.	Vermont public television
		Grants		596,921
	Source of funds
		General fund		596,921

Sec. 174.	Vermont state colleges
		Grants		18,432,696
	Source of funds
		General fund		18,432,696

(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont state colleges on or about the 15th of each calendar month of the year.

(b) Of the above appropriation, $100,000.00 shall be reserved for use as the state's fiscal year 2001 contribution toward the creation of an endowment fund for the Vermont state colleges. The state's funds are to serve as a challenge match to enhance the state colleges' ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 2001 appropriation will be the fifth of five annual appropriations through fiscal year 2001, totaling $500,000.00. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges' share has been agreed to between the state colleges and the commissioner of finance and management. The first four appropriations have been transferred to the state colleges' endowment fund under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. This final appropriation of $100,000.00 also shall be transferred to the state colleges when the state colleges successfully raise endowments an additional $300,000.00. By June 30, 2001, any remaining state appropriations designated for the state colleges' endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.

Sec. 175.	Vermont state colleges - practical nursing schools
		Grants		540,404
	Source of funds
		General fund		540,404

Sec. 176.	Vermont interactive television
		Grants		812,601
	Source of funds
		General fund		812,601

Sec. 177.	Vermont student assistance corporation
		Grants		14,805,431
	Source of funds
		General fund		14,805,431

(a) Not less than 99 percent of grants shall be used for direct student aid.

Sec. 178. [Deleted.]

Sec. 179.	New England higher education compact
		Operating expenses		77,809
	Source of funds
		General fund		77,809

Sec. 179a.	Education commission of the states
		Operating expenses		39,600
	Source of funds
		General fund		39,600

Sec. 180.	Total higher education and other			67,752,748
	Source of funds
		General fund		67,752,748

Sec. 181.	Natural resources - agency of natural resources - administration, management and planning
		Personal services		2,370,629
		Operating expenses		1,527,944
		Grants		35,000
			Total	3,933,573
	Source of funds
		General fund		2,027,791
		Federal funds		112,300
		Special funds		988,792
		Interdepartmental transfer		804,690
			Total	3,933,573

Sec. 182.	Connecticut River watershed advisory commission
		Other		40,500
	Source of funds
		General fund		25,000
		Federal funds		15,500
			Total	40,500

Sec. 183.	Citizens' advisory committee on Lake Champlain's future
		Other		5,000
	Source of funds
		General fund		5,000

Sec. 184.	Natural resources - state land local property tax assessment
		Operating expenses		1,074,721
	Source of funds
		General fund		619,597
		Transportation fund		225,124
		Interdepartmental transfer		230,000
			Total	1,074,721