NO. 142. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
(H.766)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1.
SHORT TITLE
(a) This bill may be referred to as the BIG BILL
- Fiscal Year 2003 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide
appropriations for the operations of state government during fiscal year
2003. 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, 2002. Agency and department heads are directed to
implement staffing and service levels at the beginning of fiscal year 2003 so
as to meet this condition, unless otherwise directed by specific language in
this act.
Sec. 3. APPROPRIATIONS; NARRATIVES
(a) 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.
(b) Unless codified or otherwise specified, all
narrative portions of this act apply only to the fiscal year ending June 30,
2003.
Sec. 4. TIME AVAILABLE
(a) The sums appropriated in this act, unless
otherwise designated, shall be available only during the fiscal year ending
June 30, 2003. 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
(a) For the purposes of this act:
(1) “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.
(2) “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.
(3) “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; and expenditures for
the purchase of land, construction of new buildings and permanent improvements,
highway construction and similar items.
(4) “Personal services” means wages and
salaries, consulting services, personnel benefits, personal injury benefits
under section 636 of Title 21 of the Vermont Statutes Annotated and similar
items.
Sec. 6. SOURCE OF FUNDS
(a) The appropriations made in this act are made
for the fiscal year ending June 30, 2003, 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 709,040
Operating expenses 60,603
Total 769,643
Source of funds
General fund 412,988
Transportation fund 61,875
Interdepartmental transfer 294,780
Total 769,643
Sec. 8.
ANTI-TERRORISM AND BIO-TERRORISM CONTROL
FEDERAL GRANTS
(a) To
effectively utilize and manage federal funds received to support state and
local anti-terrorism and bio-terrorism control efforts, all state departments
and agencies applying for federal funds shall review applications with the
department of finance and management, and any allocation of federal funds to
state departments and programs shall be approved by the department of finance
and management and the secretary of administration.
(b)
The secretary of administration is directed to:
(1)
Submit a plan for spending any funds to the general assembly if it is in
session, otherwise to the joint fiscal committee at a regularly scheduled
meeting. The plan shall specifically
identify:
(A)
any new base spending proposed;
(B)
the duration of the federal grant;
(C)
any commitments required by the federal government if a grant is
accepted; and
(D)
if applicable under federal guidelines, funding for the department of
public safety, the department of health, victim services and compensation
planning as well as inclusion of the poison center’s role and funding needs.
(2)
No plan submitted pursuant to subdivision (1) of this section shall
become effective unless approved by the general assembly, if it is in session,
otherwise by the joint fiscal committee.
(3)
The administration shall maximize to the extent possible the use of
federal anti-terrorism funds to support state anti-terrorism activities. The intent of the legislature is to avoid
duplication with state funds of any allowable expenditure of federal
anti-terrorism funds.
Sec. 9. Secretary of administration - GOVnet
Personal services 383,058
Operating expenses 1,356,092
Total 1,739,150
Source of funds
Internal service funds 1,739,150
Sec. 10. Finance and management - financial operations
Personal services 1,280,477
Operating expenses 988,363
Total 2,268,840
Source of funds
Internal service funds 2,268,840
Sec. 11. Finance and management - budget and
management
Personal services 751,832
Operating expenses 96,072
Total 847,904
Source of funds
General fund 612,323
Transportation fund 132,511
Interdepartmental transfer 103,070
Total 847,904
Sec. 12. Finance and management - education and
functional support
Personal services 229,688
Operating expenses 39,102
Total 268,790
Source of funds
Internal service funds 268,790
Sec. 13. Personnel - operations
Personal services 2,068,869
Operating expenses 566,810
Total 2,635,679
Source of funds
General fund 1,331,651
Transportation fund 521,530
Special funds 48,000
Internal service funds 696,994
Interdepartmental transfer 37,504
Total 2,635,679
Sec. 14. Personnel - recruitment services
Personal services 384,553
Operating expenses 217,528
Total 602,081
Source of funds
General fund 300,564
Transportation fund 126,517
Special funds 175,000
Total 602,081
Sec. 15. Personnel - employee benefits
Personal services 1,336,550
Operating expenses 354,497
Total 1,691,047
Source of funds
Internal service funds 1,691,047
Sec. 16. Libraries
Personal services 1,621,927
Operating expenses 1,391,996
Grants 404,920
Total 3,418,843
Source of funds
General fund 2,182,809
Special funds 50,300
Federal funds 1,049,734
Interdepartmental transfer 136,000
Total 3,418,843
Sec. 17. Libraries - special services: handicapped
Personal services 186,703
Operating expenses 25,813
Total 212,516
Source of funds
General fund 88,292
Special funds 1,000
Federal funds 123,224
Total 212,516
Sec. 18. Tax - administration/collection
Personal services 9,077,300
Operating expenses 2,346,705
Total 11,424,005
Source of funds
General fund 10,636,283
Transportation fund 263,785
Special funds 350,937
Tobacco fund 58,000
Interdepartmental transfer 115,000
Total 11,424,005
Sec. 19. Tax - revenue and returns processing
Personal services 967,801
Operating expenses 314,285
Total 1,282,086
Source of funds
General fund 1,282,086
Sec. 20. Buildings and general services -
administration
Personal services 1,038,711
Operating expenses 164,439
Total 1,203,150
Source of funds
Interdepartmental transfer 1,203,150
Sec. 21. Buildings and general services - engineering
Personal services 1,620,002
Operating expenses 328,780
Total 1,948,782
Source of funds
General fund 1,650,528
Transportation fund 233,254
Interdepartmental transfer 65,000
Total 1,948,782
Sec. 22. Buildings and general services - information
centers
Personal services 2,630,396
Operating expenses 845,097
Grants 255,000
Total 3,730,493
Source of funds
General fund 397,769
Transportation fund 3,332,724
Total 3,730,493
Sec. 23. Buildings and general services - purchasing
Personal services 775,375
Operating expenses 272,359
Total 1,047,734
Source of funds
General fund 787,670
Transportation fund 260,064
Total 1,047,734
Sec. 24. Buildings and general services - public
records
Personal services 784,046
Operating expenses 379,452
Total 1,163,498
Source of funds
General fund 905,296
Transportation fund 87,992
Special funds 170,210
Total 1,163,498
Sec. 25. Buildings and general services - postal
Personal services 600,979
Operating expenses 342,729
Total 943,708
Source of funds
General fund 108,082
Transportation fund 65,291
Internal service funds 770,335
Total 943,708
Sec. 26. Buildings and general services - copy center
Personal services 697,657
Operating expenses 840,052
Total 1,537,709
Source of funds
Internal service funds 1,537,709
Sec. 27. Buildings and general services - supply
center
Personal services 241,252
Operating expenses 232,618
Total 473,870
Source of funds
Internal service funds 473,870
Sec. 28. Buildings and general services - federal surplus
property
Personal services 53,755
Operating expenses 106,878
Total 160,633
Source of funds
Enterprise funds 160,633
Sec. 29. Buildings and general services - state
surplus property
Personal services 49,272
Operating expenses 56,884
Total 106,156
Source of funds
Internal service funds 106,156
Sec. 30. Buildings and general services - property
management
Personal services 773,378
Operating expenses 3,145,884
Total 3,919,262
Source of funds
Internal service funds 3,919,262
Sec. 31. Buildings and general services - all other
insurance
Personal services 49,578
Operating expenses 26,077
Total 75,655
Source of funds
Internal service funds 75,655
Sec. 32. Buildings and general services - general
liability insurance
Personal services 312,382
Operating expenses 494,929
Total 807,311
Source of funds
Internal service funds 807,311
Sec. 33. Buildings and general services - workers’
compensation insurance
Personal services 862,592
Operating expenses 288,743
Total 1,151,335
Source of funds
Internal service funds 1,151,335
(a)
The establishment of one (1) new classified position - Loss Prevention
Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing
vacant positions in the executive branch of state government.
Sec. 34. Buildings and general services -
communications & information technology
Personal services 2,560,881
Operating expenses 3,604,266
Total 6,165,147
Source of funds
Internal service funds 6,165,147
Sec. 35. Buildings and general services - fee for
space
Personal services 5,635,591
Operating expenses 8,545,828
Total 14,181,419
Source of funds
General fund 573,016
Internal service funds 13,608,403
Total 14,181,419
(a)
The establishment of two (2) new classified positions - one (1)
Maintenance Mechanic II and one (1) Plant Maintenance Supervisor A - is
authorized in fiscal year 2003. These
positions shall be transferred and converted from existing vacant positions in
the executive branch of state government.
Sec. 36. [Omitted]
Sec. 37. Geographic information system
Grants 376,992
Source of funds
Special funds 376,992
Sec. 37a.
REPEAL
(a)
Sec. 4 of No. 204 of the Acts of 1994 (sunset on the geographic
information system and its authority to enter into contracts), as amended by
Sec. 1 of No. 143 of the Acts of 1998 and as further amended by Sec. 1 of No.
72 of the Acts of 2000, is repealed.
Sec. 38. Auditor of accounts
Personal services 1,504,309
Operating expenses 109,150
Total 1,613,459
Source of funds
General fund 475,151
Transportation fund 70,368
Special funds 52,167
Internal service funds 1,015,773
Total 1,613,459
Sec. 39. State treasurer
Personal services 2,176,246
Operating expenses 316,520
Total 2,492,766
Source of funds
General fund 617,438
Transportation fund 123,714
Special funds 1,166,413
Pension
trust funds 545,000
Private purpose trust funds 40,201
Total 2,492,766
(a)
The conversion of one (1) limited service position - Accountant B - to
permanent is authorized in fiscal year 2003.
Sec. 40. State treasurer - abandoned property
Personal services 70,373
Operating expenses 95,183
Total 165,556
Source of funds
Private purpose trust funds 165,556
Sec. 41. Vermont state retirement system
Personal services 14,541,400
Operating expenses 146,039
Total 14,687,439
Source of funds
Special funds 14,687,439
Sec. 41a. LEGISLATIVE
STUDY COMMITTEE ON DEVELOPING
PROPOSALS FOR TRANSFERRING LAW ENFORCEMENT
OFFICERS AND FIREFIGHTERS INTO THE GROUP C PLAN
OF THE VERMONT STATE RETIREMENT SYSTEM
(a) A legislative study committee is created to
recommend options for transferring state law enforcement officers and
firefighters hired prior to July 1, 2000, from the Group F plan to the
Group C plan of the Vermont state retirement system. Specifically, the committee shall:
(1) Evaluate the recommendations of the
legislative study committee on eligibility criteria for plans of the Vermont
state retirement system established in Sec. 3 of No. 57 of the Acts of 2001;
(2) Report to the general assembly on specific
proposals for transitioning current law enforcement officers or firefighters
who are members of the Group F plan into the Group C plan;
(3) Report to the general assembly on other
possible alternatives for establishing parity among law enforcement officers
and firefighters hired before and after July 1, 2000.
(b) The committee shall be comprised of the following members: two members of the house committee on
government operations and one member of the house committee on appropriations
appointed by the speaker of the house, three members of the senate committee on
government operations appointed by the committee on committees, the
commissioner of personnel, the state treasurer or designee, two representatives
of the Vermont state employees’ association, the director of retirement
services, the chair of the Vermont state retirement system board of trustees,
and the commissioner of finance and management or designee.
(c) Legislative members shall be entitled to
compensation and reimbursement of expenses under section 406 of Title 2.
(d) The committee may meet up to two times, and
shall file a report of its recommendations with the general assembly by January
15, 2003. The report shall include the
estimated costs of each proposal as well as the impact of each proposal on the
Vermont state retirement system.
Sec. 42. Municipal employees’ retirement system
Personal services 1,002,100
Operating expenses 46,826
Total 1,048,926
Source of funds
Special funds 1,048,926
Sec. 43. State labor relations board
Personal services 148,509
Operating expenses 34,906
Total 183,415
Source of funds
General fund 172,185
Transportation fund 5,528
Special funds 5,702
Total 183,415
(a) The joint fiscal office shall review methods
of funding labor relations boards in other states, and on or before December 1,
2002, report to the house and senate committees on appropriations on such
methods, and provide recommendations for funding the Vermont state labor
relations board in future fiscal years.
Sec. 44. Executive office
Personal services 1,048,906
Operating expenses 296,097
Grants 51,978
Total 1,396,981
Source of funds
General fund 1,097,120
Transportation fund 187,676
Special funds 3,185
Interdepartmental transfer 109,000
Total 1,396,981
Sec. 45. Executive office - national and community
service
Personal services 153,402
Operating expenses 95,219
Grants 1,428,643
Total 1,677,264
Source of funds
General fund 60,803
Federal funds 1,616,461
Total 1,677,264
Sec. 46. Governor-elect
Personal services 20,000
Operating expenses 10,000
Total 30,000
Source of funds
General fund 30,000
(a) The funds in this section
are for costs incurred by the transitions of the executive office. No funds shall be used for inaugural
celebrations. Any unexpended portion of
these funds shall revert to the general fund.
Sec. 47. VOSHA review board
Personal services 29,184
Operating expenses 9,180
Total 38,364
Source of funds
General fund 18,988
Federal funds 19,376
Total 38,364
Sec. 48. [Omitted]
Sec. 49. Use tax reimbursement fund - municipal
current use
Grants 5,100,000
Source of funds
General fund 3,029,610
Transportation fund 2,070,390
Total 5,100,000
Sec. 50. Lieutenant governor
Personal services 102,844
Operating expenses 13,881
Total 116,725
Source of funds
General fund 94,114
Transportation fund 22,611
Total 116,725
Sec. 51. Legislature
Personal services 2,591,215
Operating expenses 2,136,950
Total 4,728,165
Source of funds
General fund 3,868,478
Transportation fund 859,687
Total 4,728,165
(a) Of the above general fund appropriation,
$15,000.00 shall be available for new member orientation.
(b) Of the above general fund appropriation,
$50,000.00 shall be available to support the Northeast Legislative Association
on Prescription Drug Pricing.
(c) It is the intent of the legislature that legislative leadership
consider the use of unpaid recess of the legislature as appropriate and
applicable should the budget presentation be delayed during the 2003 session
due to transition of executive administration.
Sec. 51a.
FISCAL YEAR 2002 LEGISLATURE BUDGET ADJUSTMENT
(a)
There is appropriated to the legislature $200,000.00 in general funds
for fiscal year 2002 expenses.
Sec. 51b. 3 V.S.A. § 635a is amended to read:
§ 635a. COVERAGE; MEMBERS OF THE GENERAL ASSEMBLY
(a) A member of the general assembly and a
session employee of the legislature or the legislative council shall be
eligible to participate in the group health insurance program provided in this
chapter, or in any group dental insurance program negotiated in a collective
bargaining agreement with state employees.
Premiums shall be paid at the full actuarial rate by the legislator or
employee with no contribution from the state and shall be deducted from
compensation due for services rendered during the legislative session or
assessed, and paid directly by the legislator or employee.
(b) A person who elects to participate in the
group health insurance program or in the group dental insurance program
under this section shall notify the program's administrator, in writing, of
such election. The enrollment period
for persons electing under this section shall correspond with the enrollment
period for state employees.
Sec. 52. Legislative council
Personal services 1,661,561
Operating expenses 92,090
Total 1,753,651
Source of funds
General fund 1,475,527
Transportation fund 278,124
Total 1,753,651
(a)
User satisfaction
with the ease and efficiency of electronic communications systems in the State
House shall be a priority for the information technology division of the
legislative council.
Sec. 53. Sergeant at arms
Personal services 317,512
Operating expenses 51,388
Total 368,900
Source of funds
General fund 320,207
Transportation fund 48,693
Total 368,900
Sec. 53a.
Sec. 44 of No. 63 of the Acts of 2001, as amended by Sec. 6 of
No. 110 of the Acts of 2002, is further amended to read:
Sec. 44.
Sergeant at arms
Personal
services 286,778
316,778
Operating
expenses 48,000
48,000
Total 334,778
364,778
Source
of funds
General
fund 286,935
316,935
Transportation
fund 47,843
47,843
Total 334,778
364,778
* * *
Sec. 54. Joint fiscal committee
Personal services 842,642
Operating expenses 66,184
Total 908,826
Source of funds
General fund 747,276
Transportation fund 161,550
Total 908,826
Sec. 54a. Sec. 45. of No. 63 of the Acts of 2001 is amended to read:
Sec. 45.
Joint fiscal committee
Personal
services 757,503
774,703
Operating
expenses 35,783
35,783
Total 793,286 810,486
Source
of funds
General
fund 634,915
652,115
Transportation
fund 158,371
158,371
Total 793,286 810,486
Sec. 55. Lottery commission
Personal services 1,127,907
Operating expenses 693,556
Total 1,821,463
Source of funds
Enterprise funds 1,821,463
Sec. 56. Payments in lieu of taxes
Grants 2,400,000
Source of funds
General fund 1,250,000
Special funds 1,150,000
Total 2,400,000
(a)
The above appropriation is for state payments in lieu of property taxes
under subchapter 4 of chapter 123 of Title 32, and the payments shall be
calculated in addition to, and without regard to, the appropriations for PILOT
for Montpelier and correctional facilities elsewhere in this act.
(b)
The secretary of administration shall anticipate receipts in the PILOT
special fund to ensure the total appropriation is available.
Sec. 57. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 58. Payments in lieu of taxes - correctional
facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 59. Total general government 106,909,338
Source of funds
General fund 34,750,254
Transportation fund 8,913,884
Special funds 19,286,271
Tobacco fund 58,000
Federal funds 2,808,795
Enterprise funds 1,982,096
Internal service funds 36,295,777
Pension trust funds 545,000
Private purpose trust funds 205,757
Interdepartmental transfer 2,063,504
Total 106,909,338
Sec. 60. Protection to persons and property -
Attorney general
Personal services 4,344,999
Operating expenses 860,860
Total 5,205,859
Source of funds
General fund 2,317,943
Transportation fund 83,495
Special funds 811,978
Tobacco fund 290,000
Federal funds 486,443
Interdepartmental transfer 1,216,000
Total 5,205,859
Sec. 61. Attorney general - telemarketing fraud
Personal services 111,628
Operating expenses 38,372
Total 150,000
Source of funds
Federal funds 150,000
Sec. 62. Vermont court diversion
Grants 1,104,555
Source of funds
General fund 615,531
Transportation fund 177,804
Special funds 311,220
Total 1,104,555
Sec. 63. Center for crime victims services
Personal services 763,250
Operating expenses 208,018
Grants 4,292,230
Total 5,263,498
Source of funds
General fund 758,339
Special funds 724,808
Federal funds 3,740,351
Interdepartmental transfer 40,000
Total 5,263,498
(a)
The $40,000.00 of federal grant funds transferred from the department of
public safety shall be used for AIDS/HIV outreach to victims of sexual violence
consistent with the intent of No. 49 of the Acts of 2001.
Sec. 64. Center for crime victims services - victim
compensation
Grants 575,000
Source of funds
Special funds 405,000
Federal funds 170,000
Total 575,000
Sec. 65. State’s attorneys
Personal
services 6,826,326
Operating expenses 990,905
Total 7,817,231
Source of funds
General fund 5,866,162
Transportation fund 447,230
Special funds 43,500
Federal funds 5,000
Interdepartmental transfer 1,455,339
Total 7,817,231
(a)
Of the above general fund appropriation, $25,000.00 shall be used to
support a temporary deputy state’s attorney position in Addison County.
Sec. 66. Sheriffs
Personal services 1,075,541
Operating expenses 36,941
Total 1,112,482
Source of funds
General fund 1,075,541
Transportation fund 36,941
Total 1,112,482
(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.
Sec. 67. Sheriffs - transport
Personal services 1,196,821
Operating expenses 200,000
Total 1,396,821
Source of funds
General fund 749,687
Transportation fund 647,134
Total 1,396,821
(a)
The general assembly finds that the increasing cost of prisoner
transports from correctional centers to courts is placing a burden on the
ability of the state to pay for such transports. The general assembly is concerned with preserving the due process
rights of prisoners granted by the U.S. Constitution and the Vermont
Constitution, yet it believes some court hearings can be held without the
presence of a prisoner in the courtroom without any infringement upon the
prisoner’s constitutional rights. Some
hearings, such as status conferences, could be held without the participation
of the prisoner; while others may be held with prisoner participation by
telephone or video conference. It is
the intent of the general assembly to preserve due process rights of prisoners
while addressing the increased cost of detaining prisoners in the correctional
centers while they wait for disposition of their cases. Accordingly, the general assembly hereby
directs the department of state’s attorneys and sheriffs, the administrative
judge for trial courts, the court administrator, the defender general and the
commissioner of the department of corrections to work together to reduce the
number of unnecessary prisoner transports to court hearings, taking into
account the findings and intent of the general assembly, as stated in this
subsection. The parties shall report to
the chairs of the house and senate committees on appropriations and on
judiciary by January 15, 2003, regarding the steps that have been taken and the
impact those steps have had on reducing transports.
Sec. 68. Defender general - public defense
Personal services 4,801,141
Operating expenses 506,962
Total 5,308,103
Source of funds
General fund 4,286,254
Transportation fund 630,058
Special funds 346,791
Interdepartmental transfer 45,000
Total 5,308,103
Sec. 69. Defender general - assigned counsel
Personal services 2,093,790
Operating expenses 46,505
Total 2,140,295
Source of funds
General fund 1,880,285
Transportation fund 260,010
Total 2,140,295
Sec. 70. Defender general - ad hoc counsel
Personal services 127,403
Source of funds
General fund 127,403
Sec. 71. Military - administration
Personal services 397,864
Operating expenses 320,406
Grants 158,000
Total 876,270
Source of funds
General fund 876,270
(a)
Of the above appropriation, $200,000.00 shall be transferred to the
Vermont student assistance corporation for the national guard scholarship
program, which is comprised of $158,000.00 of the above appropriation and
$42,000.00 in fiscal year 2002 carry-forward funds.
(b)
Total grants under 16 V.S.A. chapter 87, subchapter 4A, shall not exceed
$200,000.00 in fiscal year 2003, nor shall commitments or obligations be made
for expenditure amounts over $200,000.00 in fiscal year 2004.
Sec. 72. Military - air service contract
Personal services 3,176,327
Operating expenses 904,423
Total 4,080,750
Source of funds
General fund 333,042
Federal funds 3,747,708
Total 4,080,750
Sec. 73. Military - army service contract
Personal services 2,269,299
Operating expenses 8,183,223
Total 10,452,522
Source of funds
General fund 145,134
Federal funds 10,307,388
Total 10,452,522
Sec. 74. Military - building maintenance
Personal services 829,020
Operating expenses 478,932
Total 1,307,952
Source of funds
General fund 1,272,952
Special funds 35,000
Total 1,307,952
Sec. 75. Military - veterans’ affairs
Personal services 130,991
Operating expenses 21,265
Grants 125,850
Total 278,106
Source of funds
General fund 278,106
(a)
Of the above appropriation, $7,500.00 is to be expended for a Vietnam
memorial plaque, $5,000.00 for the Brattleboro marching band, $15,000.00 for
the Vermont veterans’ day parade, $10,000.00 for the veterans’ park in Essex
Junction and $10,000.00 for the U.S.S. Montpelier.
Sec. 76. Labor and industry
Personal services 5,019,899
Operating expenses 1,320,000
Grants 70,000
Total 6,409,899
Source of funds
General fund 788,013
Special funds 4,520,271
Federal funds 1,051,596
Interdepartmental transfer 50,019
Total 6,409,899
(a)
The establishment of one (1) new classified position - Occupational
Health Compliance Specialist - is authorized in fiscal year 2003. This position shall be transferred and
converted from existing vacant positions in the executive branch of state
government.
Sec. 77. Labor and industry - wage and hour
Personal services 106,058
Operating expenses 33,000
Total 139,058
Source of funds
General fund 139,058
Sec. 78. Criminal justice training council
Personal services 704,932
Operating expenses 718,787
Total 1,423,719
Source of funds
General fund 469,083
Transportation fund 348,154
Federal funds 50,000
Special funds 453,448
Interdepartmental transfer 103,034
Total 1,423,719
(a) The federal funds appropriated above are in
anticipation of grants for state and local anti-terrorism and emergency
preparedness.
Sec. 79. Criminal justice training council - domestic
violence
Personal services 13,478
Operating expenses 3,488
Total 16,966
Source of funds
Special funds 3,488
Interdepartmental transfer 13,478
Total 16,966
Sec. 80. Liquor control - enforcement and licensing
Personal services 1,393,102
Operating expenses 312,679
Total 1,705,781
Source of funds
Tobacco fund 318,973
Enterprise funds 1,386,808
Total 1,705,781
Sec. 81. Liquor control - administration
Personal services 1,094,958
Operating expenses 423,232
Total 1,518,190
Source of funds
Enterprise funds 1,518,190
Sec. 82. Liquor control - warehousing and
distribution
Personal services 555,248
Operating expenses 392,575
Total 947,823
Source of funds
Enterprise funds 947,823
Sec. 83. Vermont racing commission
Operating expenses 1
Source of funds
General fund 1
Sec. 84. Secretary of state
Personal services 2,538,026
Operating expenses 1,087,075
Total 3,625,101
Source of funds
General fund 506,141
Special funds 2,988,960
Interdepartmental transfer 130,000
Total 3,625,101
(a)
The establishment of two (2) new classified positions - one (1) Clerk C
and one (1) Licensing Board Inspector - is authorized in fiscal year 2003. These positions shall be transferred and
converted from existing vacant positions in the executive branch of state
government.
(b)
Of the above appropriation, $15,000.00 shall be used to assist towns in
making their polling places handicap accessible in accordance with ADA
guidelines. Of these funds, up to
$5,000.00 each shall be granted to the towns of Waterville and Woodbury for
this purpose.
(c)
Of the above special fund appropriation, $10,000.00 shall be available
for expenses associated with the annual meeting for the New England Association
of City and Town Clerks.
(d) Notwithstanding 17 V.S.A. §
2855(a), in fiscal year 2003, the secretary of state may make public finance
grants to qualified candidates from the campaign finance fund in anticipation
of receipts coming into the fund.
Sec. 85. FUND TRANSFER
(a) Notwithstanding any other provisions of law,
in fiscal year 2003, the amount of $295,352.00 shall be transferred to the
general fund from the campaign finance fund.
Sec. 86. Secretary of state - corporations
Personal services 304,380
Operating expenses 100,000
Total 404,380
Source of funds
Special funds 404,380
(a)
The above appropriation shall be from the securities and regulation and
supervision fund in accordance with 9 V.S.A. § 4230(b).
Sec. 87. Banking, insurance, securities, and health
care administration - banking
Personal services 1,029,981
Operating expenses 280,050
Total 1,310,031
Source of funds
Special funds 1,310,031
(a)
Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2003, 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 banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 88. Banking, insurance, securities, and health
care administration - insurance
Personal services 2,338,230
Operating expenses 465,206
Total 2,803,436
Source of funds
Special funds 2,803,436
Sec. 89. Banking, insurance, securities, and health
care administration - captive
Personal services 1,552,280
Operating expenses 322,498
Total 1,874,778
Source of funds
Special funds 1,874,778
(a) The establishment of two (2) new classified
positions – Captive Insurance Examiner – is authorized in fiscal year
2003. These positions shall be
transferred and converted from existing vacant positions in the executive
branch of state government.
Sec. 90. Banking, insurance, securities, and health
care administration - administration
Personal services 708,586
Operating expenses 55,252
Total 763,838
Source of funds
Special funds 763,838
Sec. 91. Banking, insurance, securities, and health
care administration - securities
Personal services 486,869
Operating expenses 136,650
Total 623,519
Source of funds
Special funds 623,519
Sec. 92. Banking, insurance, securities, and health
care administration - health care administration
Personal services 2,632,646
Operating expenses 387,166
Total 3,019,812
Source of funds
General fund 535,304
Special funds 2,484,508
Total 3,019,812
Sec. 93. Banking, insurance, securities, and health
care administration - insurance agent licensing
Personal services 302,214
Operating expenses 132,091
Total 434,305
Source of funds
Special funds 434,305
Sec. 94. Public safety - state police
Personal services 31,449,941
Operating expenses 6,107,908
Grants 2,093,465
Total 39,651,314
Source of funds
General fund 14,333,733
Transportation fund 17,287,645
Special funds 2,661,652
Federal funds 4,190,709
Interdepartmental transfer 1,177,575
Total 39,651,314
(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 transportation fund appropriation, $35,000.00 shall be
available for snowmobile law enforcement activities, and $35,000.00 shall be
available for the statewide snowmobile 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 snowmobile enforcement.
(c)
Of the above general fund appropriation, up to $880,000.00 shall be used
to purchase vehicles.
(d) The establishment of three (3) new
classified positions - one (1) State Terrorism Manager and two (2) Terrorism
Outreach Coordinator - is authorized in fiscal year 2003. These positions shall be transferred and
converted from existing vacant positions in the executive branch of state government.
Sec. 95. Public safety - criminal justice services
Personal services 4,259,969
Operating expenses 4,734,725
Grants 478,900
Total 9,473,594
Source of funds
General fund 95,000
Transportation fund 3,630,878
Special funds 457,818
Federal funds 4,668,600
Interdepartmental transfer 621,298
Total 9,473,594
(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 - Forensic Chemist
III - is authorized in fiscal year 2003.
This position shall be transferred and converted from existing vacant
positions in the executive branch of state government.
Sec. 96. Public safety - emergency management
Personal services 1,022,640
Operating expenses 1,149,945
Grants 1,249,247
Total 3,421,832
Source of funds
General fund 48,930
Transportation fund 63,969
Special funds 420,523
Federal funds 2,888,410
Total 3,421,832
Sec. 97. Public safety - governor’s highway safety
program
Personal services 855,084
Operating expenses 300,536
Grants 3,925,566
Total 5,081,186
Source of funds
Transportation fund 172,828
Special funds 362,500
Federal funds 4,545,858
Total 5,081,186
Sec. 97a. Sec. 255(b)(6) of No. 152 of the Acts of
2000, as amended by Sec. 260e of No. 63 of the Acts of 2001, is further amended
to read:
(6) Sixth, an amount not to
exceed $2,000,000 shall be prorated equally and appropriated as follows: to the department of public safety for
vehicle fleet replacement and related fleet expenses and to the office
of the treasurer, for deposit into the higher education endowment fund.
Sec. 98. Agriculture, food and markets -
administration
Personal services 611,075
Operating expenses 298,093
Grants 750,334
Total 1,659,502
Source of funds
General fund 1,256,035
Special funds 13,722
Federal funds 254,211
Interdepartmental transfer 135,534
Total 1,659,502
(a)
Of the above appropriation, $139,000.00 shall be used for the Two‑Plus-Two
scholarship program and $25,000.00 above the department’s submitted budget
shall be spent on conservation district grants.
(b) The commissioner shall not
transfer or reduce any of the funds appropriated in Sec. 102 of this act (state
stipend) in managing the department budget during fiscal year 2003.
(c) Of the above appropriation, the amount of
$75,000.00 shall be expended to support efforts to reauthorize a multi-state
dairy compact. Expenditures for this
purpose may be made only with the approval of the joint fiscal committee if the
legislature is not in session. The
chairs of the house and senate committees on agriculture shall be notified by
the commissioner of agriculture, food and markets when expenditures from the
fund are planned. The general assembly supports the reestablishment of a
multi-state dairy compact, and seeks to encourage other state legislatures to
contribute equitably to this effort. To
this end, expenditures from funds appropriated by this section for this purpose
may not exceed the lesser of $75,000.00 or 20 percent of the total amount of
contributions from all other participating states in the fiscal year.
Sec. 99. Agriculture, food and markets - food safety
and consumer assurance
Personal services 1,843,898
Operating expenses 275,293
Grants 1,492
Total 2,120,683
Source of funds
General fund 1,221,619
Transportation fund 45,824
Special funds 343,833
Federal funds 497,407
Interdepartmental transfer 12,000
Total 2,120,683
Sec. 100. Agriculture, food and markets - agriculture
development
Personal services 599,557
Operating expenses 234,805
Grants 225,842
Total 1,060,204
Source of funds
General fund 564,214
Special funds 395,988
Interdepartmental transfer 100,002
Total 1,060,204
Sec. 101. Agriculture, food and markets - plant
industry and labs
Personal services 1,871,045
Operating expenses 377,915
Total 2,248,960
Source of funds
General fund 626,248
Special funds 1,081,387
Federal funds 333,765
Interdepartmental transfer 207,560
Total 2,248,960
Sec. 102. Agriculture, food and markets - state
stipend
Grants 163,500
Source of funds
General fund 163,500
Sec. 103. Agriculture, food and markets - mosquito
control
Grants 90,000
Source of funds
Special funds 90,000
Sec. 104. Agriculture, food and markets - farm
conservation
Personal services 35,775
Operating expenses 12,000
Total 47,775
Source of funds
Special funds 47,775
Sec. 105. Public service - regulation and energy
Personal services 3,937,560
Operating expenses 639,354
Grants 240,000
Total 4,816,914
Source of funds
Special funds 4,080,912
Federal funds 711,000
Interdepartmental transfer 25,002
Total 4,816,914
Sec. 106. Public service - purchase and sale of power
Personal services 7,824
Operating expenses 365
Total 8,189
Source of funds
Special funds 8,189
Sec. 107. Public service - consumer affairs and public
information
Personal services 252,431
Operating expenses 21,778
Total 274,209
Source of funds
Special funds 274,209
Sec. 108. Enhanced 9-1-1 Board
Personal services 1,955,669
Operating expenses 254,309
Total 2,209,978
Source of funds
Special funds 2,209,978
Sec. 109. Enhanced 9-1-1 Board - training
Personal services 180,390
Source of funds
Special funds 180,390
(a)
The following position is authorized to replace ongoing contractual
services. The establishment of one (1)
new classified position - State 9-1-1 Communications Coordinator - is
authorized in fiscal year 2003. This
position shall be transferred and converted from existing vacant positions in
the executive branch of state government.
Sec. 110. Public service board
Personal services 2,193,063
Operating expenses 335,876
Total 2,528,939
Source of funds
Special funds 2,528,939
Sec. 111. Judiciary
Personal services 21,364,325
Operating expenses 4,975,084
Total 26,339,409
Source of funds
General fund 19,906,952
Transportation fund 3,627,781
Special funds 441,676
Federal funds 172,000
Interdepartmental transfer 2,191,000
Total 26,339,409
(a)
Of the above general fund appropriation, $25,000.00 is for the court
administrator for the purpose of providing enhanced security for the Franklin
County superior court. No permanent
equipment shall be installed and security shall be provided only when superior
court is in session.
Sec. 112. Human rights commission
Personal services 267,218
Operating expenses 96,363
Total 363,581
Source of funds
General fund 262,095
Special funds 1
Federal funds 101,485
Total 363,581
Sec. 113. Vermont radiological emergency response plan
fund
Personal services 400,000
Operating expenses 400,000
Total 800,000
Source of funds
Special funds 800,000
Sec. 114. 20 V.S.A. § 38(a) is amended to read:
(a)
There is created a radiological emergency response plan fund which shall
include all moneys paid to the state pursuant to subdivision (5) of this
subsection. The fund shall be
separately maintained and accounted for by the state treasurer and shall be
administered by the department of finance and management and managed pursuant
to the provisions of chapter 7, subchapter 5 of Title 32. Expenditures shall be made from the fund for
the purpose of providing the personnel, operating costs and equipment necessary
to maintain the effectiveness of the Vermont radiological emergency response
plan.
(1) Provided the expense is determined to be necessary by the
emergency management division, the commissioner of finance and management may
approve reimbursement from the fund to any municipality, county or state agency
or any support organization for the proportion of emergency preparation costs
directly related to the preparation for, testing or carrying out a radiological
emergency response plan. The fund may
be used for personnel, operations or equipment which have the capability of
responding to other in addition to radiological emergencies.
(2) The commissioner of finance and management annually shall submit
to the general assembly a report detailing expenditures from the fund. The report shall include any comments
submitted by any utility which has made payments into the fund and by any
involved municipality, county or state agency.
(3) Any utility making any payment into the
radiological emergency response plan fund shall have the right to audit the
books and records of the fund at any time.
(4) Upon the termination of the Vermont
radiological emergency response plan fund or the permanent cessation of
operation of the reactor having caused the establishment of this fund and the
removal of emergency response plan regulations applicable to it by the Federal
Nuclear Regulatory Commission or any other federal agency having regulatory
jurisdiction, and after all outstanding debts have been paid, all moneys
remaining in the fund shall be promptly paid to the utility having made the
payments.
(5) Each fiscal year:
(A) The commissioner of finance and management shall survey town and
emergency support organizations eligible for reimbursement from the
radiological emergency response plan fund to determine the amounts necessary
for the purposes of this subsection.
(B) Any utility operating a nuclear reactor in this state shall pay
to the state treasurer an amount equal to the amount required to establish or
maintain the Vermont radiological emergency response plan fund at the level of
$400,000.00.
(6) Any moneys remaining in the radiological emergency response plan
fund at the end of any fiscal year shall be carried forward for expenditures in
the next fiscal year and any interest accrued on the moneys shall remain in the
fund.
(a)(1) There is created a
radiological emergency response plan fund, into which any entity operating a
nuclear reactor or storing nuclear fuel and radioactive waste in this state
(referred to hereinafter as “the nuclear power plant”) shall deposit the amount
appropriated to support the Vermont radiological response plan for that fiscal
year, adjusted by any balance in the radiological emergency response plan fund
from the prior fiscal year. The fund
shall be managed in accordance with chapter 7, subchapter 5 of Title 32. Any interest earned on the balance in the
fund shall be retained by the fund.
(2) Expenditures from the fund
shall be made by the division of emergency management, subject to an annual
legislative appropriation. As part of
the annual appropriations process, the division of emergency management shall
present a budget for the ensuing fiscal year that anticipates the expenditures
that will be made from the fund. The
annual budget shall be developed by the division of emergency management in
consultation with the Windham regional planning commission, state agencies, the
management of the nuclear power plant, and the selectboards of the
municipalities in the emergency planning zone and any other municipality
defined by the state as required to support the plan. State personnel with responsibility for local coordination and
plan development shall be physically located in the region, preferably in the
office of the Windham regional planning commission. The annual budget shall include only expenditures necessary to
support the radiological emergency response plan.
(3)
The annual budget shall include anticipated expenditures to
municipalities, county or state agencies, or other organizations necessary to
support the radiological emergency response plan.
(4)
By January 15 of each year, the division of emergency management shall
submit to the general assembly a report detailing expenditures from the fund
for the preceding fiscal year.
(5)
The state shall bill the nuclear power plant on a monthly basis based on
the budget presented and approved by the legislature. The nuclear power plant shall have the right to audit the books and
records of the fund.
(6) Upon the permanent cessation of operation of
the nuclear reactor and final removal of all nuclear fuel and radioactive
waste, and the removal of emergency response plan regulations and state
responsibilities applicable to it by the Federal Nuclear Regulatory Commission
and any other federal agency having regulatory jurisdiction, and after all
outstanding debts have been paid, all monies remaining in the fund shall be
repaid to the nuclear power plant, and the fund terminated.
Sec.
114a. RADIOLOGICAL EMERGENCY RESPONSE
PLAN FUND;
DIVISION OF EMERGENCY MANAGEMENT
(a) All responsibilities of the department and
commissioner of finance and management under 20 V.S.A. § 38(a) shall, in fiscal
year 2003, be assumed by the division of emergency management of the department
of public safety.
Sec. 114b.
RADIOLOGICAL EMERGENCY RESPONSE PLAN FUND;
BUDGETING FOR FISCAL YEAR 2004
(a)
In fiscal year 2003, the division of emergency management in consultation
with the Windham regional planning commission, state agencies, the management
of the nuclear power plant, and the selectboards of the municipalities in the
emergency planning zone shall develop the budget for fiscal year 2004 following
the provisions of 20 V.S.A. § 38(a).
Sec. 115. Fire service training council
Personal services 247,466
Operating expenses 231,543
Grants 20,000
Total 499,009
Source of funds
General fund 251,588
Transportation fund 99,985
Special funds 100,000
Interdepartmental transfer 47,436
Total 499,009
(a) Of the above general fund appropriation,
$20,000.00 shall be allocated on a matching basis to allow rural towns to
obtain defibrillators. Priority
payments shall be made to fire departments or rescue squads of rural towns with
a population of 600 or less, who shall be entitled to an 80 percent matching
grant, if they produce 20 percent of the costs of a defibrillator. If funds are available after making these 80
percent matching grant payments, fire departments or rescue squads of rural
towns with a population of more than 600, but less than 2,500, shall be
entitled to a 50 percent matching grant, if they produce 50 percent of the
costs of a defibrillator.
Sec. 116. Fire service training council - firefighter
1 training
Personal services 404,728
Operating expenses 318,209
Total 722,937
Source of funds
General fund 50,000
Special funds 427,924
Federal funds 160,000
Interdepartmental transfer 85,013
Total 722,937
(a)
Of the federal funds appropriated above, $50,000.00 are in anticipation
of grants for state and local anti-terrorism and emergency preparedness.
Sec. 117. Total protection to persons and property 177,979,589
Source of funds
General fund 61,800,163
Transportation fund 27,559,736
Special funds 38,270,675
Tobacco fund 608,973
Federal funds 38,231,931
Enterprise funds 3,852,821
Interdepartmental transfer 7,655,290
Total 177,979,589
Sec. 118. Human services - agency of human services -
Secretary’s office
Personal services 3,448,275
Operating expenses 1,244,018
Grants 7,850,478
Total 12,542,771
Source of funds
General fund 4,604,618
Special funds 100,000
Tobacco fund 689,000
Federal
funds 6,703,153
Interdepartmental transfer 446,000
Total 12,542,771
(a)
Notwithstanding any other provisions of law, workers employed by persons
who receive assistance from the agency of human services to procure attendant,
personal care, or respite services or who utilize a qualified intermediary
service organization providing services on behalf of the state shall not be
considered state employees, except for purposes of 21 V.S.A. chapter 17.
(b)
Notwithstanding any other provisions of law, the state may provide
workers’ compensation coverage to workers employed by persons who receive
assistance from the agency of human services to procure attendant, personal
care, or respite services, and the state shall not be considered their employer. The state may also either permit a qualified
intermediary service organization to purchase group insurance policies for
persons served by their organization, or deem such persons to be members of an
association and eligible for self insurance under 21 V.S.A. § 687a for purposes
of providing workers’ compensation.
This provision is intended solely to reduce costs of providing workers’
compensation and shall not be considered for any other purpose.
(c)
The establishment of one (1) new exempt position - Juvenile Justice
Director - is authorized in the agency of human services in fiscal year
2003. This position shall be
transferred and converted from existing vacant positions in the executive
branch of state government. The
juvenile justice director shall be a principal assistant to the secretary of
human services. The juvenile justice
director in the agency of human services shall assist the commission to
implement the comprehensive juvenile justice system developed under subsection
3085c(c) of Title 3.
(d) Notwithstanding 32 V.S.A. § 706, the
secretary may transfer funds allocated for the “high risk pool” and costs
related to juvenile justice as outlined in this section to the departments in
the agency of human services designated to provide these services.
(e)
Notwithstanding 33 V.S.A. §§ 5502 and 5517, the agency of human services
may on an ongoing basis seek a CHINS petition for 16 to 17.5‑year‑old
youths who are not in the custody of the state but are at high risk of serious
harm to themselves or others due to problems such as substance abuse,
prostitution or homelessness, and whose needs transcend any one department of
the agency of human services and require complicated clinical interventions
from multiple organizations. Petitions
filed pursuant to this section shall set forth facts supporting the specific
requirements of this section, and that it is in the best interests of the child
to be considered as a child in need of care or supervision. If the court finds all of the allegations
set forth in the petition have been established, it shall find the child is in
need of care or supervision. All proceedings initiated pursuant to this section
shall be conducted in accordance with the requirements of chapter 55 of Title
33. Services will be provided through a
coordinated effort by the agency of human services, the department of
education, and community-based interagency teams. Of the above appropriation, $200,000.00 in tobacco funds with any
available matching federal funds shall be made available for the services under
this program.
(f)
Planning and partnership activities regarding services for youth aged 16
to 22 in which the agency participates with communities and across departments
of state government shall include consideration of how the Job Corps in
Vergennes can be utilized to maximum benefit for the target population.
(g)
Of the above tobacco settlement funds, $49,000.00 shall be used to
provide a grant to the Project Against Violent Encounters for a statewide
program for substance abuse prevention and mentoring program for youth.
(h) Of the above tobacco fund appropriation,
$100,000.00 shall be used for a grant to Lamoille County People In Partnership
for wrap-around services for at-risk youth.
(i)
Of the above tobacco fund appropriation, $100,000.00 with any
corresponding federal matching funds shall be for comprehensive treatment
services and $25,000.00 for safe housing provisions for at-risk youth.
(j)
Of the above appropriation, $60,000.00 shall be granted to Prevent Child
Abuse Vermont for comprehensive health education and violence prevention
curriculum for seventh and eighth grade students.
(k) Of the above tobacco fund appropriation,
$90,000.00 shall be used for recovery services; specifically, the establishment
of community recovery centers. A
recovery center is a local, consumer driven center providing peer support
groups, sober recreation activities, advocacy, and community education designed
to assist people in maintaining an alcohol and drug free lifestyle, through age,
gender, and culturally appropriate programs.
(1) The division of alcohol and drug abuse
programs shall contract with one or more experienced recovery centers to
develop at least three other recovery centers located around the state.
(2) The division of alcohol and drug abuse
programs shall work jointly with the department of developmental and mental
health services to develop and implement a recovery training program.
(l)
Of the above general funds, $5,000.00 shall be granted to the Vermont
Council of Girl Scouts to support a Girl Scout special project to assist girls
with incarcerated mothers.
(m)
The secretary of the agency of human services and the secretary of
administration, in consultation and cooperation with the joint fiscal office
and the legislative council, shall prepare and recommend a plan for
reorganization of the agency of human services, including a specific proposal
for the most appropriate location, structure and funding for the office of
alcohol and drug abuse programs, as well as tobacco programs within the
department of health. The plan shall
provide for revisions of the agency’s organizational structure, personnel,
budgeting and management, and be presented to the legislature on or before
December 15, 2002. The plan for the reorganization
of the agency shall strive to achieve the following objectives:
(1) To ensure that public funds are wisely
spent;
(2) To provide coordination of, and
accountability for all programs and services administered by the agency;
(3) To eliminate overlapping responsibility for
programs and services;
(4) To facilitate communications within the
agency and with other entities including, local, state and federal governmental
bodies, as well as private service providers;
(5) To enhance the efficiency and effectiveness
of the agency programs, services and activities; and
(6) To develop and implement measurements of
program quality and outcomes.
(n)
The above tobacco settlement fund appropriations are made,
notwithstanding 18 V.S.A. chapter 225.
Sec. 118a.
3 V.S.A. § 3085c is added to read:
§ 3085c.
COMMISSION ON JUVENILE JUSTICE
(a)
The commission on juvenile justice is created as a joint venture between
the department of social and rehabilitation services and the department of
corrections.
(b)
The commission shall be composed of three members:
(1)
The juvenile justice director, who shall be chair of the commission.
(2)
The commissioner of the department of social and rehabilitation
services.
(3)
The commissioner of the department of corrections.
(c)
The commission on juvenile justice shall have the following duties:
(1)
To develop a comprehensive system of juvenile justice for persons under
age 21 who commit delinquent or criminal acts, including utilization of
probation services, a range of community-based treatment, training and
rehabilitation programs, and secure detention and treatment programs when
necessary in the interests of public safety, designed with the objective of
preparing those persons to live in their communities as productive and mature
adults. The program developed by the
commission shall be consistent with the policy that a successful juvenile
justice system should:
(A)
Hold juveniles accountable for their unlawful conduct.
(B)
Provide secure and therapeutic confinement to juveniles who pose a
danger to the community.
(C)
Adequately protect both juveniles and the community.
(D)
Provide community-based programs and services that are located as
closely as possible to the juvenile’s community.
(E)
Maintain juveniles in their homes, with adequate support, whenever
possible and appropriate.
(F)
Use individualized case management plans as the basis for all treatment
planning and implementation.
(G)
Include the juvenile’s family in the case management plan.
(H)
Monitor the case management plan to encourage rehabilitation and deter
reoffending, providing supervision, service coordination and support where
appropriate.
(I)
Provide a comprehensive aftercare component, including
follow-up and nonresidential postrelease services
when juveniles return to their families or communities.
(J)
Promote the development and implementation of
community-based programs designed to prevent
unlawful conduct and to minimize the depth and duration of the juvenile’s
involvement in the criminal justice system.
(K)
Be coordinated with consistency between all departments throughout the
state, both with respect to general policy and to particular cases.
(2)
To advise state agencies on matters of state policy relating to juvenile
justice.
(3) To
evaluate the adequacy of existing services to individuals involved in the
juvenile justice system and their families, and to conduct studies to identify
gaps in these services. These studies
may include access to juvenile justice-related services and support for
families of individuals involved in the juvenile justice system.
(4)
To identify strategies and recommend resources to expand successful
existing services.
(5)
To review or participate in the development of laws, rules and other
governmental initiatives which may affect individuals involved in the juvenile
justice system and their families.
(6)
To provide advice regarding revisions, coordination of services,
accountability and appropriations.
(7)
To cooperate with appropriate federal agencies in maximizing the receipt
of funds in support of programs relating to juvenile justice, particularly
those involving persons charged as youthful offenders under section 5505 of
Title 33.
(d)(1)
There are established within the commission, and reporting to the
juvenile justice director, the following positions:
(A)
A prevention specialist, responsible for programs intended to reduce
delinquency and crime among juvenile offenders, including mentoring programs,
early assessments, substance abuse screening, child care services, afterschool
programs, and screening for problems which contribute to delinquency and
juvenile crime.
(B)
An alternative sanctions specialist, responsible for programs providing
alternatives to incarceration, including court diversion, probation, reparative
boards, and community justice programs.
(2)
The specialists designated under subdivision (1) of this subsection
shall:
(A)
Work with communities throughout the state, and analyze data and
outcomes, to evaluate the efficiency and success of juvenile justice programs.
(B)
Monitor the statewide and cross-departmental consistency and
coordination of juvenile justice programs, and the development of the
comprehensive system of juvenile justice required by this section.
(C)
Work in district offices with probation officers, case workers and other
personnel of the departments of social and rehabilitation services and of
corrections to ensure that state juvenile justice programs and case plans are
administered in a manner consistent with the policies of this section, and with
the statutes and rules pertaining to each specialty area.
(e)(1)
A juvenile justice policy subcommittee is created within the
commission. The subcommittee shall be
composed of the following members:
(A)
the secretary of the agency of human services, who shall be the chair;
(B)
three representatives, who shall be appointed by the speaker of the
house;
(C)
three senators, who shall be appointed by the committee on committees;
(D)
the secretary of the agency of administration;
(E)
the defender general;
(F)
a representative of the runaway youth coalition of Vermont;
(G)
a representative of the Vermont parent child center network;
(H)
a representative of the Vermont coalition of residential programs;
(I)
a representative of the department of developmental and mental health
services’ designated community mental health centers;
(J)
a representative of the Vermont center for crime victim services;
(K)
a representative of the state’s attorneys’ association;
(L) a
representative from the judicial branch of state government; and
(M)
a representative from the police chiefs’ association.
(2)
The subcommittee shall:
(A)
Advise the commission on the development of a comprehensive juvenile
justice system.
(B)
Hold monthly public meetings to determine how issues related to juvenile
justice are impacting Vermont communities.
(C)
Coordinate with the children and family council for prevention programs
on the juvenile justice block grant budget and on any other federal grants
relating to juvenile justice.
(D)
Report to the governor and the general assembly no later than December 1
of each year. The report shall include
an evaluation of the strengths and weaknesses and successes and failures of the
comprehensive juvenile justice and youthful offender system; recommendations to
improve the program; and a detailed report on the development, implementation,
and operation of the program.
(E)
Examine existing policy and, where needed, make policy recommendations
in at least the following areas: access
to early care, education and prevention; effective use of Vermont’s home
visiting and family support resources; provision of juvenile justice;
coordination of out‑of‑schooltime services; and efforts to
eradicate adolescent substance abuse.
(f)
The departments of social and rehabilitation services and of corrections
shall provide the commission with administrative support.
(g)
The juvenile justice commission, the juvenile justice policy
subcommittee, the children and family council for prevention programs, and the
governor’s cabinet for children and youth shall coordinate activities and,
wherever possible, consolidate meetings to promote effective and efficient uses
of resources and to minimize duplication.
Sec. 118b.
TRANSFERRED POSITIONS
(a)
One position is transferred from the department of social and
rehabilitation services to the commission on juvenile justice for the purposes
of the position of prevention specialist created under subdivision 3085c(d)(1)(A)
of Title 3.
(b)
One position is transferred from the department of corrections to the
commission on juvenile justice for the purposes of the position of alternative
sanctions specialist created under subdivision 3085c(d)(1)(B) of Title 3.
Sec. 118c.
33 V.S.A. § 311 is amended to read:
§ 311.
DELINQUENT CHILD SERVICES; PURPOSE AND
RESPONSIBILITY
The department of social and rehabilitation
services, in cooperation with the department of corrections, shall have
the purpose and responsibility to develop and administer a comprehensive
program, developed by the commission on juvenile justice established
pursuant to section 3085c of Title 3, for youthful offenders and
children who commit delinquent acts, including utilization of probation
services, a range of community-based treatment, training and rehabilitation
programs and secure detention and treatment programs when necessary in the
interests of public safety, designed with the objective of preparing those
children to live in their communities as productive and mature adults.
Sec. 118d.
33 V.S.A. § 5505(f) is amended to read:
(f) If
the state elects to file charges in criminal court pursuant to subsection (c)
of this section, the defendant A defendant in a criminal proceeding who
has attained the age of 16 but not the age of 18 at the time the offense is
alleged to have been committed may file a motion requesting treatment as a
youthful offender. The court may
transfer the proceeding to family court if it finds:
(1) the defendant has previously been adjudicated
a delinquent child or has previously been convicted of a crime;
(2) the defendant enters a plea of guilty or
nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules
of Criminal Procedure;
(3) the defendant is amenable to treatment or
rehabilitation as a youthful offender; and
(4) public safety will be secured by treating
the defendant as a youthful offender.
Sec. 118e.
33 V.S.A. § 5518 is amended to read:
§ 5518.
PETITION, CONTENTS
The petition shall be verified and may be on
information and belief. It shall set
forth plainly:
(1) The facts which bring the child within the
jurisdiction of the court, together with a statement that it is in the best
interests of the child and the public that the proceedings be brought;
(2) The name, age, and residence addresses, if
known to petitioner, of the parent or custodial and noncustodial
parents having custody, the guardian or custodian of the child if other
than parent, or, if there is no parent, guardian or custodian residing within
the state, or if his or her residence address is unknown, of any known
adult relative or person having the child under his or her supervision,
or, if there be none, the known adult relative or such person residing nearest
to the location of the court;
(3) Whether the child has been taken into
custody under section 5510 of this title and, if so, the place of his or her
detention and the time the child was taken into custody.
Sec. 118f.
33 V.S.A. § 5519a is added to read:
§ 5519a.
NOTICE OF HEARING; NONCUSTODIAL PARENTS
The court shall make reasonably diligent
efforts to locate noncustodial parents and notify them of hearings held
pursuant to this chapter. No hearing
shall be delayed or proceeding voided by reason of the inability of the court
to locate or notify the noncustodial parent.
This section shall not be construed to afford party status to a person
who would not otherwise be entitled to party status under this chapter.
Sec. 118g.
33 V.S.A. § 5529b is amended to read:
§ 5529b.
DISPOSITION OF YOUTHFUL OFFENDERS
(a)
Upon the transfer of a case pursuant to subsection 5505(e) or (f) of
this title, the court shall impose sentence.
That sentence shall then be suspended and replaced with a juvenile
disposition pursuant to section 5529 of this title.
(b)
Copies of all records relating to the criminal sentence imposed under
subsection (a) of this section shall be forwarded to the district court and
filed in the defendant’s criminal case file.
(c)
In determining an appropriate disposition, the court shall obtain input
from the child’s parents, custodians or guardians, teachers, treatment
providers, clergy, and all other persons that the court deems necessary. Upon the imposition of a criminal sentence, the
jurisdiction of the family court shall cease and thereafter shall be assumed by
the district court.
(d)
When practicable, the same judge who granted the motion requesting
treatment as a youthful offender shall impose sentence and disposition under
this section.
(e)(1)
The departments of social and rehabilitation services and of corrections
shall have dual responsibility for supervising all persons treated as youthful
offenders pursuant to subsection 5505(e) or (f) of this title.
(2) When a case is transferred for youthful
offender adjudication pursuant to subsection 5505(e) or (f) of this title:
(A)
The departments of social and rehabilitation services and of corrections
shall:
(i) each open and maintain a file on the
offender;
(ii) develop a joint case plan for the offender;
and
(iii) coordinate services and share information to
ensure compliance with, and completion of, the juvenile disposition.
(B)
A lead case manager shall be designated who shall have final
decision-making authority over the case plan and the provision of services to
the offender. For offenders younger
than age 18, the lead case manager shall be designated by the department of
social and rehabilitation services. For
offenders age 18 and older, the lead case manager shall be designated by the
department of corrections.
(C)
The offender shall be eligible for all age-appropriate community‑based
programming and services provided by the departments of social and
rehabilitation services and of corrections.
Sec. 118h.
33 V.S.A. § 5801(d) is added to read:
§ 5801. WOODSIDE JUVENILE REHABILITATION
CENTER
* * *
(d)
Notwithstanding any other provision of law, a person under the age of 18
at the time of the offense charged may be detained at the facility if the
offense charged is a misdemeanor as defined in section 1 of Title 13, provided
the person is adjudicated a youthful offender under section 5505 of this title,
and no person over the age of 18 may be detained at the facility.
Sec. 118i.
JUVENILE JUSTICE DIRECTOR
(a)
The governor shall appoint a juvenile justice director, reporting
directly to the secretary of the agency of human services, who shall have the
responsibility and authority to monitor and coordinate all state and
participating regional and local programs that deal with juvenile justice issues,
including prevention, education, enforcement, adjudication and rehabilitation.
(b)
The juvenile justice director shall ensure that the following occur:
(1) Development of a comprehensive plan for a
coordinated and sustained statewide program to reduce the number of juvenile
offenders, involving state, regional and local officials in the areas of
health, education, prevention, law enforcement, corrections, teen activities
and community wellness.
(2) Cooperation among state, regional and local
officials, court personnel, service providers and law enforcement agencies in
the formulation and execution of a coordinated statewide juvenile justice
program.
(3) Cooperation among appropriate departments,
including, but not limited to, the departments of education, corrections,
social and rehabilitation services, employment and training, developmental and
mental health services, and public safety, and the office of alcohol and drug
abuse programs.
(4) Study of issues relating to juvenile justice
and development of recommendations regarding changes in law and rules, as
deemed advisable.
(5) Compilation of data on issues relating to
juvenile justice, and analysis, study and organization of such data for use by
educators, researchers, policy advocates, administrators, legislators and the
governor.
Sec. 118j.
JUVENILE JUSTICE REPORTS
(a)
The juvenile justice commission and the juvenile justice policy
subcommittee shall report to the senate and house committees on judiciary and
on appropriations on or before January 15, 2003. The report shall include:
(1)
A status report on the development of alternative placements for 16 and
17-year-old misdemeanants by the departments of social and rehabilitation
services and of corrections.
(2)
Proposed designs for specialized treatment programs for young offenders,
to be operated as specialized living unit programs, separated from adult
offenders, within the department of corrections. The proposed designs shall incorporate treatment approaches
developed specifically for young offenders, and designed to return the offender
to the community prepared to play a successful and positive role, including
education, substance abuse treatment, mental health counseling, and employment
and vocational training.
(3) Proposals for the implementation of a system
of graduated sanctions for juveniles who violate the terms of disposition
orders. For purposes of this
subdivision, “graduated sanctions” means a continuum of consequences, designed
to achieve compliance with the disposition order, which becomes increasingly
more severe as the number and severity of the violations increase.
Sec. 119. 3 V.S.A. § 3026(a) is amended to read:
(a)
The secretary of human services, the commissioner of education, and the
president of the University of Vermont shall establish a research partnership
to study and make recommendations for improving the effectiveness of state and
local health, human services, and education programs. Critical program outcomes relating to the well-being of
Vermonters that should be addressed by the research partnership may include,
without limitation, the following:
(1)
Children, families and individuals are engaged in and contribute to
their community’s decisions and activities.
(2)
Pregnant woman and children thrive.
(3)
Children are ready for school.
(4)
Children succeed in school.
(5)
Children live in stable, supported families.
(6)
Youth choose healthy behaviors.
(7)
Youth successfully transition to adulthood.
(8)
Elders and people with disabilities live with dignity and independence
in settings they prefer.
(9)
Families and individuals live in safe and supportive communities.
(10) Adults lead healthy and productive lives.
Sec. 119a.
AGENCY OF HUMAN SERVICES GRANTS; REVOLVING
FUNDS; NONPROFIT ENTITIES
(a) The agency of human services shall study the
feasibility of extending or leveraging the amount of resources available for
loans and grants from various revolving funds established to support agency of
human services programs and services, such as the Vermont adaptive equipment
revolving fund established by chapter 77 of Title 33. The agency shall evaluate whether providing such revolving funds
to private nonprofit entities for distribution through them of grants and loans
to eligible recipients can effectively increase the total funds available for
the purposes of each program. In its
evaluation, the agency shall consider the establishment of appropriate controls
to ensure that funds are expended or loaned only for purposes authorized by
law, that grant award and lending criteria are no more restrictive than
authorized by the state under each program, and that adequate reporting and
accounting requirements are in place.
The agency shall present its findings and recommendations to the house
and senate committees on appropriations on or before January 15, 2003.
Sec. 120. Rate setting
Personal services 593,304
Operating expenses 62,176
Total 655,480
Source of funds
Interdepartmental transfer 655,480
Sec. 120a. 33 V.S.A. § 1954(a) is amended to read:
(a)
Beginning July 1, 2001 2002, each nursing home’s annual
assessment shall be $2,768.69 $3,166.29 per bed licensed pursuant
to section 7105 of this title on June 30 of the immediately preceding fiscal year. From the beginning of state fiscal year
2000, the annual assessment for each bed licensed as of the beginning of the
fiscal year shall be prorated for the number of days during which the bed was
actually licensed and any overpayment shall be refunded to the facility. To receive the refund, a facility shall
notify the commissioner, in writing, of the size of the decrease in the number
of its licensed beds and dates on which the beds ceased to be licensed.
Sec. 120b. PNMI RATE SETTING
(a) Notwithstanding the provisions of the
division of rate setting rules “Methods, Standards and Principles for
Establishing Payment Rates for Private Non-medical Institutions Providing
Residential Child Care Services”, § 4.17, relating to applied revenues, rates
set for programs run by the Baird Center for Children and Families shall not
take into account funds made available to the Baird Center through federal
grant # H324E016001.
Sec. 121. Human services board
Personal services 232,382
Operating expenses 19,092
Total 251,474
Source of funds
General fund 98,500
Federal funds 114,706
Interdepartmental transfer 38,268
Total 251,474
Sec. 122. Developmental disabilities council
Personal services 94,177
Operating expenses 37,011
Grants 271,905
Total 403,093
Source of funds
Federal funds 403,093
Sec. 123. Office of child support services
Personal services 6,619,561
Operating expenses 3,326,254
Total 9,945,815
Source of funds
General fund 1,144,105
Special funds 454,125
Federal funds 8,240,485
Interdepartmental transfer 107,100
Total 9,945,815
Sec. 124. Health - administration and support
Personal services 2,836,148
Operating expenses 923,333
Total 3,759,481
Source of funds
General fund 1,138,033
Special funds 76,751
Federal funds 2,539,697
Interdepartmental transfer 5,000
Total 3,759,481
Sec. 125. Health - health protection
Personal services 2,950,855
Operating expenses 650,861
Grants 121,700
Total 3,723,416
Source of funds
General fund 1,397,068
Special funds 927,500
Federal funds 1,064,793
Interdepartmental transfer 334,055
Total 3,723,416
Sec. 126. Health - health surveillance
Personal services 5,470,751
Operating expenses 1,795,124
Grants 2,520,800
Total 9,786,675
Source of funds
General fund 3,805,245
Special funds 1,022,250
Federal funds 4,866,115
Permanent trust 10,000
Interdepartmental transfer 83,065
Total 9,786,675
(a)
Of the above general fund appropriation, $300,000.00 shall be
appropriated to the Vermont AIDS service organizations for client-based support
services. The grants in this section
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,
the AIDS service organizations, and the HIV/AIDS service advisory council
(HASAC).
(b)
Of the above federal fund appropriation, the Ryan White Title II federal
service funds shall be used for direct client-based support services, including
services that assist people living with HIV/AIDS to access medical care. The department shall follow federal
guidelines, and shall be advised by the HIV/AIDS service advisory council
(HASAC) for the purpose of prioritization of the use of these funds. Criteria shall be developed by the
department, in collaboration with the HASAC, to govern situations when the
department may select providers outside the existing AIDS service organizations
network to receive part of these Ryan White Title II funds.
Sec. 127. HIV/AIDS MEDICAL ASSISTANCE PROGRAM
(a)
Of the general fund appropriation in this act for Health - health
surveillance, $175,000.00 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 work in conjunction with the AMAP
advisory committee, comprised of no less than 50 percent of members who are
living with HIV/AIDS. The committee
shall make recommendations regarding the program’s formulary of approved
medication, related laboratory testing, nutritional supplements and eligibility
for the program.
Sec. 128. Health - health improvement
Personal services 6,466,272
Operating expenses 1,492,659
Grants 9,624,284
Total 17,583,215
Source of funds
General fund 2,748,181
Special funds 783,801
Tobacco fund 3,950,000
Federal
funds 9,922,669
Interdepartmental transfer 178,564
Total 17,583,215
(a)
The department of health may carry forward any unspent portion of funds
designated for health professional 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, dentists, and licensed
nurses 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)
The above tobacco appropriation in this section shall be utilized
according to the provisions of chapter 225 of Title 18, as follows:
(1) community-based activities - $1,040,000.00;
(2) countermarketing - $950,000.00;
(3) tobacco cessation programs - $1,200,000.00;
(4) statewide programs - $190,000.00; and
(5) program surveillance and evaluation - $570,000.00.
Sec. 129. 18 V.S.A. § 10 is amended to read:
§ 10.
EDUCATIONAL ASSISTANCE; INCENTIVES; NURSES
(a)
A Vermont resident enrolled in an accredited registered nursing or
licensed practical nursing program in Vermont, is eligible for a loan of up to
$6,000.00 per year provided:
(1) graduation from the program
will result in eligibility to sit for the NCLEX-RN nursing examination in the
case of a registered nurse or the NCLEX-PN in the case of a licensed practical
nurse; and
(2)
the student is enrolled as a full time student in the program.
(b)
The amount of up to $6,000.00 of a loan awarded under this section shall
be cancelled and forgiven for each year the student is a resident of Vermont
and employed as a registered nurse or licensed practical nurse in
Vermont or at an accredited hospital within 10 miles of the Vermont border. Eligibility for this program shall be
determined by the department of health, in consultation with schools,
providers and the Area Health Education Center (AHEC). The commissioner may require certification
of compliance with this subsection prior to forgiving all or a portion of the
loan.
(c)
The commissioner shall award up to $6,000.00 per year for up to four
years, to any licensed registered nurse or practical nurse who has
outstanding educational loans and who has not received or is not eligible
to receive loan forgiveness under subsection (b) of this section, for each year
the nurse is employed as a registered or practical nurse. Eligibility for this program shall be
determined by the department of health, in consultation with schools,
providers and the AHEC. The
commissioner may require certification of compliance with this subsection prior
to making an award.
(d) In
any year in which the commissioner does not have sufficient funds to carry out
the provisions of this section, the The commissioner shall use funds
appropriated first to provide loans and loan forgiveness pursuant to
subsections (a) and (b) of this section.
Remaining funds shall be used to provide awards pursuant to subsection
(c) of this section, giving priority to those nurses serving in an
undersupplied nursing specialty or in a geographic area of Vermont which is
underserved.
(e)
This program shall apply to registered nurses or licensed practical
nurses who have graduated after April 1, 2001.
(f) This section shall be repealed effective
June 30, 2005.
Sec. 130. Health - community public health
Personal services 9,959,322
Operating expenses 1,522,480
Grants 12,428,236
Total 23,910,038
Source of funds
General fund 4,570,113
Special funds 558,700
Federal funds 18,695,225
Interdepartmental transfer 86,000
Total 23,910,038
Sec. 131. Health -
alcohol and drug abuse programs
Personal services 2,236,451
Operating expenses 480,942
Grants 11,934,652
Total 14,652,045
Source of funds
General fund 4,075,413
Special funds 86,000
Tobacco fund 2,206,000
Federal funds 8,284,632
Total 14,652,045
(a)
For the purpose of meeting the need for outpatient substance abuse
services when the preferred provider system has a waiting list of five days or
more, or there is a lack of qualified clinicians to provide services in a
region of the state, a state-qualified alcohol and drug abuse counselor may
apply to the department of health, division of alcohol and drug abuse programs,
for time‑limited authorization to participate as a Medicaid provider to
deliver clinical and case coordination services, as authorized.
(b)
Of the above tobacco fund appropriation, $500,000.00 shall be granted
for opiate treatment.
(c)
Of the above appropriation, Maple Leaf Farm shall be reimbursed for
Medicaid and uninsured (ADAP grant) at a combined rate of $157.00 per day for
primary and residential care.
(d)(1)
In accordance with federal law, the division of alcohol and drug abuse
programs may use the following interim criteria to determine whether to enroll
a state-supported Medicaid and uninsured population substance abuse program in
the division’s network of designated providers, as described in the state plan:
(A)
The program’s ability to provide the quality, quantity and levels of
care required under the division’s standards, licensure standards, and
accreditation standards established by the Commission of Accreditation of
Rehabilitation Facilities, the Joint Commission on Accreditation of Healthcare
Organizations, or the Commission on Accreditation for Family Services.
(B)
Any program that is currently being funded in the existing network shall
continue to be a designated program until further standards are developed,
provided the standards identified in subdivision (1) of this subsection are
satisfied.
(C)
All programs shall continue to fulfill grant or contract agreements.
(2)
The provisions of subdivision (1) of this subsection shall not preclude
the division’s “request for bids” process.
(3)(A)
A commission on the state Medicaid and uninsured substance abuse
treatment provider reimbursement network is created to consider whether to
create a preferred provider system, or whether to create an any willing
provider system. If the commission
recommends creating a preferred provider system, it shall recommend criteria to
use when designating and undesignating a preferred provider.
(B) The
commission’s findings and recommendations shall be reported to the house and
senate committees on appropriations and on health and welfare on or before
January 1, 2003.
(C)
The commission shall consist of the director of the division of drug and
alcohol abuse programs, two members of the house of representatives appointed
by the speaker of the house, two members of the senate appointed by the
committee on committees, the president of the Vermont Association of Addiction
Treatment Programs, and five additional members appointed by the secretary of
human services: a representative of
Friends of Recovery, a private practitioner, a representative of an inpatient
treatment program, a representative of an outpatient treatment program, and a
representative of the agency of human services with knowledge and experience in
the Medicaid program.
(D)
The secretary shall appoint members on or before July 1, 2002, and shall
convene the first meeting of the commission within 30 days following initial
appointments. The secretary shall
appoint a chair and vice chair at the first meeting. Commission members shall serve without compensation, except that
legislative members shall receive per diem compensation and reimbursement of expenses
in accordance with 2 V.S.A. § 406.
The agency of human services shall provide professional and
administrative support to the commission.
(4)
The provisions of this subsection shall be repealed on June 30, 2003.
Sec. 131a.
FISCAL YEAR 2002 OFFICE OF ALCOHOL AND DRUG
ABUSE
PROGRAMS BUDGET ADJUSTMENT
(a) There is appropriated to the office of
alcohol and drug abuse programs $100,000.00 in general funds for opiate
treatment programs in fiscal year 2002.
(b) Notwithstanding any other provision of law,
up to $410,000.00 in unexpended funds remaining in the tobacco litigation
settlement fund for fiscal year 2001 or 2002 is appropriated to the department
of health, office of alcohol and drug abuse programs for opiate treatment
programs in fiscal year 2002.
Sec. 132. OPIATE ADDICTION TREATMENT
(a)
Notwithstanding the provisions of 18 V.S.A. § 4702(b)(7), the
commissioner of health may approve up to five opiate addiction treatment
programs operated by, and located outside of, a hospital or medical school,
after consideration of the space requirements and space availability at the
hospital or medical school, provided the program is located in a multi-use
building so the purpose for which a person is entering or leaving the building
is not obvious. Programs approved by
the commissioner shall be located in close proximity to other medical and
social services, and shall not be geographically located in isolated community
settings.
Sec. 133. REIMBURSEMENT RATES FOR OPIATE ADDICTION
TREATMENT PROGRAMS
(a)
The commissioner of health shall establish, after conducting
negotiations with hospitals and medical schools, reimbursement rates that
reflect the reasonable cost of authorized opiate addiction treatment programs.
Sec. 134. Medical practice board
Personal services 481,742
Operating expenses 114,497
Total 596,239
Source of funds
Special funds 596,239
Sec. 135. Medical practice board - Vermont
practitioner health program
Personal services 40,000
Source of funds
Special funds 40,000
Sec. 136. Social and rehabilitation services -
administrative and support services
Personal services 1,925,058
Operating expenses 303,442
Total 2,228,500
Source of funds
General fund 1,015,032
Federal funds 1,213,468
Total 2,228,500
Sec. 137. Social and rehabilitation services - social
services
Personal services 15,552,390
Operating expenses 2,605,799
Grants 47,591,473
Total 65,749,662
Source of funds
General fund 24,531,072
Special funds 962,450
Tobacco funds 75,000
Federal funds 40,181,140
Total 65,749,662
(a)
Of the above appropriation, $681,580.00 shall be used to support runaway
youth with crisis and family stabilization support services. Funds in this section shall be provided to
the Vermont coalition of runaway and homeless youth programs through a grant
from the agency of human services for the purpose of reducing the rate of
out-of-home placements by coordinating with the departments of developmental
and mental health services and of social and rehabilitation services immediate
response and family stabilization programs and other community‑based
programs that maximize federal receipts, including the coordination of data
collection and tracking outcomes for children, youth and families.
Sec. 138. Social and rehabilitation services - child
care services
Personal services 1,711,859
Operating expenses 389,063
Grants 27,581,981
Total 29,682,903
Source of funds
General fund 5,867,402
Transportation fund 75,000
Special funds 832,000
Federal funds 22,831,249
Interdepartmental transfer 77,252
Total 29,682,903
(a) The division of child care services shall
not impose a cap on the number of subsidized child care scale slots without
prior review of program utilization during the fiscal year 2003 budget
adjustment process.
(b)
Of the above federal fund appropriation, $100,000.00 shall be
transferred to the building bright spaces for bright futures special fund in
33 V.S.A. § 3531.
Sec. 139. 33 V.S.A. chapter 35, subchapter 4 is added to read:
Subchapter 4. Child Care Facilities Financing
§ 3531.
CHILD CARE - BUILDING BRIGHT SPACES FOR BRIGHT
FUTURES FUND
(a) A child care facilities financing program is
established to facilitate the development and expansion of child care
facilities in the state. The program
shall be administered by the department of social and rehabilitation services.
(b) The program shall be supported from a
special fund, to be known as the “building bright spaces for bright futures
fund,” hereinafter referred to as “the bright futures fund,” hereby created for
this purpose to be administered by the commissioner of social and
rehabilitation services. Subject to approvals
required by 32 V.S.A § 5, the fund may accept gifts and donations from any
source, and the commissioner may take appropriate actions to encourage
contributions and designations to the account, including publicizing
explanations of the purposes of the fund and the uses to which the bright futures
fund has been or will be applied.
(c) The commissioner shall award grants from the
fund to eligible applicants for development and expansion of child care
facilities in the state. The
commissioner shall establish, by rule, criteria, conditions and procedures for
awarding such grants and administering this program.
Sec. 140. Notwithstanding Sec. 16 of Act No. 189 of the Acts of 1996 as amended
by Sec. 244a of Act No. 152 of 2000 and Sec. 12g of Act No. 155 of 2000, 23
V.S.A. § 304c is added to read:
§ 304c.
MOTOR VEHICLE REGISTRATION PLATES:
BUILDING
BRIGHT SPACES FOR BRIGHT FUTURES FUND
(a) The commissioner shall, upon application,
issue “building bright spaces for bright futures fund,” hereinafter referred to
as “the bright futures fund,” registration plates for use only on vehicles
registered at the pleasure car rate and on trucks registered for not more than
8,099 pounds. Plates so acquired shall
be mounted on the front and rear of the vehicle. The commissioner of motor vehicles shall utilize the graphic
design recommended by the commissioner of social and rehabilitation services
for the special plates to enhance the public awareness of the state’s interest
in supporting children’s services.
Applicants shall apply on forms prescribed by the commissioner of motor
vehicles, and shall pay an initial fee of $20.00 in addition to the annual fee
for registration. In following years,
in addition to the annual registration fee, the holder of a bright futures fund
plate shall pay a renewal fee of $20.00.
The commissioner shall adopt rules under 3 V.S.A. chapter 25 to
implement the provisions of this subsection.
(b) Fees collected under subsection (a) of this
section shall be allocated as follows:
(1) $5.00 to the transportation fund.
(2) $15.00 to the department of social and
rehabilitation services for deposit in the bright futures fund created in 33
V.S.A. § 3531.
(c) Renewal fees collected under subsection (a)
of this section shall be allocated as follows:
(1) $17.00 to the department of social and
rehabilitation services for deposit in the bright futures fund in 33 V.S.A. §
3531.
(2) $3.00 to the transportation fund.
(d) The department of motor vehicles shall not
be charged by the department of corrections for the development and production
of the bright futures fund license plates.
Sec. 141.
TRANSPORTATION COMMITTEE APPROVAL
(a) Prior to the adoption of a design for the
bright futures fund license plate under 23 V.S.A. § 304c, the commissioner
shall seek design approval from the house and senate committees on
transportation during the 2003 legislative session.
(b) The bright futures fund motor vehicle
registration plates shall be available to the public on July 1, 2003.
Sec. 142. Social and rehabilitation services -
Woodside rehabilitation center
Personal services 2,108,338
Operating expenses 358,743
Total 2,467,081
Source of funds
General fund 2,439,344
Interdepartmental transfer 27,737
Total 2,467,081
Sec. 143. Social and rehabilitation services -
disability determination services
Personal services 2,767,702
Operating expenses 457,329
Total 3,225,031
Source of funds
Federal funds 2,979,886
Interdepartmental transfer 245,145
Total 3,225,031
Sec. 144. Social and rehabilitation services - family
support child care
Grants 1,489,949
Source of funds
General fund 812,638
Federal funds 677,311
Total 1,489,949
Sec. 145. Prevention, assistance, transition, and
health access - administration
Personal services 26,081,637
Operating expenses 4,808,407
Grants 976,737
Total 31,866,781
Source of funds
General fund 12,070,236
Special funds 1,962,319
Federal funds 17,834,226
Total 31,866,781
(a) Notwithstanding
the requirements in 3 V.S.A. § 2222 that require an independent expert review
of any recommendation for information technology activity, the department of
prevention, assistance, transition, and health access shall be exempted from
the operation of the statute when the department is engaged in multi-state
coordinated activities that utilize a technology system common to all the
participating states.
(b)
Of the above federal fund appropriation, $66,000.00 shall be available
for the Vermont student assistance corporation for counseling activities
provided to the reach up program.
Sec. 146. Prevention, assistance, transition, and
health access - Reach Up
Grants 43,538,736
Source of funds
General fund 16,176,772
Special funds 2,200,000
Federal funds 25,161,964
Total 43,538,736
(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 Reach Up grant. Coverage of disabled 18-year-olds shall
remain in effect for as long as required by court decision.
Sec. 147. Prevention, assistance, transition, and
health access - aid to aged, blind and disabled
Personal services 1,231,308
Grants 9,574,128
Total 10,805,436
Source of funds
General fund 10,805,436
Sec. 147a. FUND APPROPRIATION AND TRANSFER
(a)
The sum of $71,500,000.00 is appropriated and transferred from the
general fund to the health access trust fund in fiscal year 2003.
(b) The sum of $17,250,000.00 is appropriated
and transferred from the tobacco litigation settlement fund to the health
access trust fund in fiscal year 2003.
Sec. 148. Prevention, assistance, transition, and
health access - Medicaid
Personal services 13,664,281
Grants 461,280,278
Total 474,944,559
Source of funds
Special funds 175,149,926
Federal
funds 299,794,633
Total 474,944,559
(a)
HIV/AIDS health insurance assistance program.
(1)
The department, 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 prevention,
assistance, transition, and health access, do not exceed $10,000.00.
(4)
Expenditures under this program shall not exceed $55,000.00 in fiscal
year 2003.
(b)
The commissioner shall adopt rules for VHAP, for otherwise eligible
individuals, so that:
(1)
Uninsured or underinsured individuals who did not have coverage under
another health insurance plan within the 12 months prior to the month of
application or meet one of the exceptions listed in subdivision (2) of this
subsection shall be permitted to enroll in VHAP.
(2)
Individuals shall be permitted to enroll in the VHAP despite having had
coverage during the prior 12 months, if:
(A)
their employer-sponsored coverage ended because of:
(i)
loss of employment;
(ii)
death of the principal insurance policyholder;
(iii)
divorce or dissolution of a civil union;
(iv)
no longer qualifying as a dependent under the plan of a parent or
caretaker relative; or
(v)
no longer qualifying for COBRA, VIPER or other state continuation
coverage; or
(B)
college or university-sponsored health insurance became unavailable to
them because they graduated, took a leave of absence, or otherwise terminated
their studies; or
(C)
their household income, after allowable deductions, is at or below 75
percent of the federal poverty guideline for households of the same size.
(c)
During fiscal year 2003 only, the department is authorized to amend the
rules for VHAP, Medicaid and all other health assistance programs administered
by the department to eliminate coverage for adults for services provided for
the determination of visual efficiency and the measurement of the powers or
defects of vision, and eyewear.
(d)
The department is authorized to amend the rules for VHAP to require
beneficiaries to pay a $50.00 deductible for each hospital admission, a $25.00
copayment for each medically necessary emergency room visit and a $60.00
copayment for each medically unnecessary emergency room visit, a $25.00 per day
copayment for each hospital outpatient visit, and a $7.00 copayment for
physician, other practitioner, and physical, occupational, speech and nutrition
therapy visits. Such rules shall not be
amended to require VHAP beneficiaries to pay a copayment for home health
nursing services.
(e)
On or before January 1, 2003 and January 1, 2004, the department shall
report to the general assembly with an analysis of the collection of
copayments, coinsurance, premiums and other cost sharing amounts paid by
beneficiaries of health assistance programs administered by the
department. The report shall identify
amounts collected by the programs, amounts collected by health care providers
and facilities, how often services are provided when cost sharing is not paid
in whole or in part, and an assessment of whether access to health care is
affected by various cost sharing strategies.
Participating providers shall notify the department whenever
beneficiaries fail to pay applicable cost sharing amounts in whole or in part.
(f)
The sum of $133,500.00 of state funds appropriated by this section shall
be allocated to increase per diem reimbursement for residential care
facilities.
(g)
The department is not authorized to amend the rules for the Medicaid
program to eliminate coverage for dentures for adults, nor to modify the scope
of coverage for dental services.
(h)(1)
On or before July 1, 2002, the department shall implement a
comprehensive preferred drug list for all state pharmaceutical assistance
programs, as authorized by Sec. 123(n) of No. 63 of the Acts of 2001, and by 33
V.S.A. § 1998 (pharmacy best practices and cost control program). In developing the comprehensive preferred
drug list, the department, the department’s pharmacy benefit manager and the
department’s drug utilization review board shall review and consider for
inclusion on the preferred drug list all prescription drugs on the Medicaid
formulary, and all possible therapeutic classes of prescription drugs.
(2)
VHAP-Rx program beneficiaries shall pay a copayment of $3.00 for each
generic drug dispensed, and a copayment of $6.00 for each other drug dispensed,
with a $50.00 per quarter out-of-pocket maximum.
(3)
VScript program beneficiaries shall pay a copayment of $5.00 for each
generic drug dispensed, and a copayment of $10.00 for each other drug
dispensed, with a $100.00 per quarter out-of-pocket maximum.
(4)
VScript-Expanded beneficiaries shall be subject to a $275.00 deductible,
a coinsurance amount equal to 50 percent of the Medicaid cost of the drug net
of rebates, with a $2,500.00 annual out-of-pocket maximum.
(5)(A)
The department shall monitor actual caseloads, revenue and expenditures,
anticipated caseloads, revenue and expenditures, and actual and anticipated
savings from implementation of the preferred drug list, supplemental rebates,
and other cost containment activities in each state pharmaceutical assistance
program, including the VScript-Expanded program, the VScript program, and the
VHAP-Rx program. The department shall
allocate supplemental rebate savings to each program proportionate to
expenditures in each program. During
the second week of each month the department shall report such actual and
anticipated caseload, revenue, expenditure and savings information to the joint
fiscal committee and to the health access oversight committee.
(B)(i)
If at any time during fiscal year 2003, expenditures for the
VScript-Expanded program, the VScript program, and the VHAP-Rx program are
anticipated to exceed $11,000,000.00 in state funds, the department shall
recommend to the joint fiscal committee and notify the health access oversight
committee of a plan to cease new enrollments in the VScript-Expanded program.
(ii)
If at any time during fiscal year 2003, expenditures for the VScript-Expanded
program, the VScript program, and the VHAP-Rx program are anticipated to exceed
$11,000,000.00 in state funds, even with the cessation of new enrollments in
the VScript-Expanded program, the department shall recommend to the joint
fiscal committee and notify the health access oversight committee of a plan to
cease new enrollments in the VScript program.
(iii)
The department’s determinations under subdivisions (i) and (ii) shall be
based on the information and projections reported monthly under subdivision (A)
and on the official revenue estimates for the Vermont health access trust fund
under section 305a of Title 32. An
enrollment cessation plan shall be deemed approved unless the joint fiscal
committee disapproves the plan after 21 days notice of the department’s
recommendation and financial analysis.
(iv)
Upon the approval of, or failure to disapprove an enrollment cessation
plan by the joint fiscal committee, the department shall cease new enrollment
in the VScript-Expanded program, and the VScript program if applicable, in
accordance with the plan.
(C)(i)
If at any time during fiscal year 2003 after enrollment ceases under
subdivision (B) expenditures for the VScript-Expanded program, the VScript
program, and the VHAP-Rx program, including expenditures attributable to
renewed enrollment, are anticipated, by reason of increased federal financial
participation or any other reason, to be equal to or less than $11,000,000.00
in state funds, the department shall recommend to the joint fiscal committee
and notify the health access oversight committee of a plan to renew enrollment
in the VScript program first, and the VScript-Expanded program second if
adequate funds are anticipated to be available for each program for the
remainder of the fiscal year.
(ii)
The department’s determination under subdivision (i) shall be based on
the information and projections reported monthly under subdivision (A) and on
the official revenue estimates for the Vermont health access trust fund under
section 305a of Title 32. An enrollment
renewal plan shall be deemed approved unless the joint fiscal committee
disapproves the plan after 21 days notice of the department’s recommendation
and financial analysis.
(iii)
Upon the approval of, or failure to disapprove an enrollment renewal
plan by the joint fiscal committee, the department shall renew enrollment in
the VScript-Expanded program, and the VScript program if applicable, in
accordance with the plan.
(D)
During fiscal year 2003 only, the first health access trust fund portion
of the official revenue estimate prepared pursuant to 32 V.S.A. § 305a as
amended by this act shall be provided to the emergency board on July 15, 2002.
(i)
The department is not authorized to amend the rules for the Medicaid and
VHAP programs to eliminate coverage for chiropractic services for adults. VHAP program rules shall be amended to
require beneficiaries to pay a coinsurance amount equal to 25 percent of the
cost of the service.
(j)
The Medicaid and VHAP programs shall continue to include coverage of
adult podiatry services.
(k)
The rules for hospital outpatient reimbursement shall not be amended to
pay on an interim basis a hospital specific interim percentage of charge, less
ten percent.
(l)
Of the state fund amounts appropriated by this section, $266,250.00
shall be allocated for an annual cost of service increase for hospitals in
accordance with established reimbursement methodologies. Of the state and federal fund amounts
appropriated by this section, $1,250,000.00 shall be allocated, together with
provider tax receipts, for disproportionate share payments to hospitals.
(m)
The commissioner shall amend the Medicaid rules and procedures related
to income, resources, and transfers of assets used to determine eligibility of
individuals for long‑term care coverage.
These amendments shall include each of the following changes:
(1)
Applicants or recipients of Medicaid shall be permitted to claim one
principal place of residence as an excluded resource, subject to federal
law. If the applicant or recipient owns
any legal interest in more than one residence, he or she must designate which
one residence shall enjoy the principal place of residence exclusion. His or her interests in the other residences
shall be considered countable resources, except to the extent exempted by
subdivision (3) of this subsection.
(2)
A life estate held by the applicant or recipient with a reserved power‑to-sell
(other than the principal place of residence) shall be considered a countable
resource and valued at the full fair market value of the fee estate,
notwithstanding the purported creation of a remainder interest in another
party.
(3)
The current rule permitting the applicant or recipient to retain
jointly-owned real estate when one or more of the co-owners refuses to sell
shall be repealed with respect to joint interests created within the 36-month
lookback period and, instead, a rebuttable presumption shall exist that full
equity value of the real estate is owned by the applicant or recipient. If the applicant or recipient succeeds in
rebutting the presumption by showing that one or more of the co-owners have
purchased shares of the property, the department shall consider the applicant’s
or recipient’s proportional (not pro rata) contribution toward the value of the
property in calculating the resource value to the applicant or recipient. This rule shall not apply to joint-interests
created prior to the lookback period.
The “refusal to sell” rule will continue to apply to joint interests
created prior to the lookback period.
(4)
The commissioner shall adopt rules that are comparable with and no less
restrictive than the Supplemental Security Income regulations concerning
treatment of real estate held out for sale (i.e., the bona fide effort to sell
rules).
(5)
The current rule permitting the applicant or recipient to retain
income-producing property shall be amended to clarify that such property shall
be considered a countable resource unless the real estate generates at least
six percent of its fair market value in net annual income after allowable
expenses related to producing the income are deducted.
(6)
The current rule permitting the applicant or recipient to transfer up to
the value of the average monthly cost of private nursing home care without
incurring a disqualification penalty (so-called partial month transfers) shall
be repealed and replaced with a rule permitting applicants or recipients to
transfer no more than the average daily cost of nursing home care without
penalty.
(7)
The current rules pertaining to burial funds shall be repealed and
replaced with a rule permitting applicants or recipients to conserve up to
$10,000.00 for funeral and burial expenses.
The $10,000.00 limit shall apply regardless of the manner in which the
funds are held (revocable vs. irrevocable; burial contract vs. burial trust vs.
bank account vs. insurance designated for burial).
(8)(A)
Purchase of annuities within the 36‑month lookback period naming a
beneficiary other than the applicant or recipient or the applicant’s or
recipient’s spouse shall be considered a transfer of assets, and the full
purchase price of the annuity shall be considered in calculating the
disqualification penalty.
(B)
The cash value of a revocable annuity shall also be counted as an available
resource. Revocability is presumed when
an annuity can be surrendered, cashed in, or assigned or the contract is silent
regarding revocability.
(C)
Purchase of an irrevocable annuity naming the applicant’s or the
recipient’s spouse as the beneficiary shall be an excluded resource, provided
it prohibits a residual beneficiary in the event the community spouse dies
before the payout period ends and can be made available only to the community
spouse through a regular stream of income in equal payments over the spouse’s
life expectancy, as established by the life expectancy tables published by the
federal Centers for Medicare and Medicaid Services or other appropriate federal
agencies determined by the department.
(n)
Of the state fund amounts appropriated by this section, $300,000.00
shall be allocated for an annual cost-of-service increase for physicians and
other health care providers.
(o)
Of the state fund amounts appropriated by this section, $74,000.00 shall
be allocated for an annual cost-of-service increase for dental providers.
(p)
Of the state fund amounts appropriated by this section, $200,000.00
shall be allocated for the state share of pharmacy discount program payments
pursuant to the provisions of 33 V.S.A. § 2003 as enacted by this session of
the general assembly.
(q) The commissioner shall report to the general
assembly on or before December 15, 2002 with an analysis of the financial,
administrative, and program costs and benefits of the use by the office of
Vermont health access of contractors to perform ongoing administrative
operations, and an analysis of the financial, administrative, and program costs
and benefits of the organizational structure of the office of Vermont health
access.
(r)
Definitions. As used in this
section and Sec. 148f of this act:
(1)
“Commissioner” means the commissioner of the department of prevention,
assistance, transition, and health access.
(2)
“Department” means the department of prevention, assistance, transition,
and health access.
(3)
“Health assistance programs administered by the department” means
Medicaid, VHAP, VHAP-Pharmacy, VScript, VScript-Expanded, the state children’s
health insurance program, the medical assistance component of the General
Assistance program, and any other state health care assistance program
administered by the department.
(4)
“Medicaid” or “Medicaid program” means the medical assistance program
authorized by chapter 19 of Title 33 and Title XIX of the federal Social
Security Act.
(5)
“State pharmaceutical assistance program” means any health assistance
programs administered by the department providing prescription drug coverage,
including but not limited to, the Medicaid program, the Vermont health access
plan, the Vermont health access plan-pharmacy program, the VScript program, the
VScript-Expanded program, the state children’s health insurance program, the
state of Vermont AIDS medication assistance program, the general assistance
program, the pharmacy discount plan program, and any other health assistance
programs administered by the department providing prescription drug coverage.
(6)
“VHAP” or “Vermont health access plan” means the programs of health care
assistance authorized by federal waivers under Section 1115 of the Social
Security Act, by No. 14 of the Acts of 1995 and by further acts of the general
assembly.
(7)
“VHAP-Pharmacy” or “VHAP-Rx” means the VHAP program of state
pharmaceutical assistance for elderly and disabled Vermonters with income up to
and including 150 percent of the federal poverty level (hereinafter “FPL”).
(8)
“VScript” means the Section 1115 waiver program of state pharmaceutical
assistance for elderly and disabled Vermonters with income over 150 and less
than or equal to 175 percent of FPL, and administered under subchapter 4 of chapter
19 of Title 33.
(9) “VScript-Expanded” means the state-funded
program of pharmaceutical assistance for elderly and disabled Vermonters with
income over 175 and less than or equal to 225 percent of FPL, and administered
under subchapter 4 of chapter 19 of Title 33.
Sec. 148a.
33 V.S.A. § 1901a is added to read:
§ 1901a.
MEDICAID BUDGET
(a)
The general assembly shall approve each year a Medicaid budget. The annual Medicaid budget shall include an
annual financial plan, and a five-year financial plan accounting for
expenditures and revenues relating to Medicaid and any other health care
assistance program administered by the department of prevention, assistance,
transition, and health access.
(b) The commissioner of prevention, assistance,
transition, and health access and the commissioner of finance and management
shall provide quarterly to the joint fiscal committee and the legislative
council such information and analysis as the committee and the council
reasonably determine is necessary to assist the general assembly in the
preparation of the Medicaid budget.
Sec. 148b.
33 V.S.A. § 1901b is added to read:
§ 1901b.
PHARMACY PROGRAM ENROLLMENT
(a)
The department of prevention, assistance, transition, and health access
shall monitor actual caseloads, revenue and expenditures, anticipated
caseloads, revenue and expenditures, and actual and anticipated savings from
implementation of the preferred drug list, supplemental rebates, and other cost
containment activities in each state pharmaceutical assistance program,
including the VScript-Expanded program, the VScript program, and the VHAP-Rx
program. The department shall allocate
supplemental rebate savings to each program proportionate to expenditures in
each program. During the second week of
each month the department shall report such actual and anticipated caseload,
revenue, expenditure and savings information to the joint fiscal committee and
to the health access oversight committee.
(b)(1)
If at any time expenditures for the VScript-Expanded program, the
VScript program, and the VHAP-Rx program are anticipated to exceed the
aggregate amount of state funds expressly appropriated for such state
pharmaceutical assistance programs during any fiscal year, the department shall
recommend to the joint fiscal committee and notify the health access oversight
committee of a plan to cease new enrollments in the Vscript‑Expanded
program.
(2)
If at any time expenditures for the VScript-Expanded program, the
VScript program, and the VHAP-Rx program are anticipated to exceed the
aggregate amount of state funds expressly appropriated for such state
pharmaceutical assistance programs during any fiscal year, even with the
cessation of new enrollments in the VScript-Expanded program, the department
shall recommend to the joint fiscal committee and notify the health access
oversight committee of a plan to cease new enrollments in the VScript program.
(3)
The department’s determinations under subdivisions (1) and (2) shall be
based on the information and projections reported monthly under subsection (a)
of this section, and on the official revenue estimates for the Vermont health
access trust fund under section 305a of Title 32. An enrollment cessation plan shall be deemed approved unless the
joint fiscal committee disapproves the plan after 21 days notice of the
department’s recommendation and financial analysis.
(4)
Upon the approval of, or failure to disapprove an enrollment cessation
plan by the joint fiscal committee, the department shall cease new enrollment in
the VScript-Expanded program, and the VScript program if applicable, in
accordance with the plan.
(c)(1)
If at any time after enrollment ceases under subsection (b) of this
section expenditures for the VScript-Expanded program, the VScript program, and
the VHAP-Rx program, including expenditures attributable to renewed enrollment,
are anticipated, by reason of increased federal financial participation or any
other reason, to be equal to or less than the aggregate amount of state funds
expressly appropriated for such state pharmaceutical assistance programs during
any fiscal year, the department shall recommend to the joint fiscal committee
and notify the health access oversight committee of a plan to renew enrollment
in the VScript program first, and the VScript-Expanded program second if
adequate funds are anticipated to be available for each program for the
remainder of the fiscal year.
(2)
The department’s determination under subdivision (1) of this subsection
shall be based on the information and projections reported monthly under
subsection (a), and on the official revenue estimates for the Vermont health
access trust fund under section 305a of Title 32. An enrollment renewal plan shall be deemed approved unless the
joint fiscal committee disapproves the plan after 21 days notice of the
department’s recommendation and financial analysis.
(3)
Upon the approval of, or failure to disapprove an enrollment renewal
plan by the joint fiscal committee, the department shall renew enrollment in
the VScript-Expanded program, and the VScript program if applicable, in
accordance with the plan.
(d)
As used in this section:
(1)
“State pharmaceutical assistance program” means any health assistance
programs administered by the department providing prescription drug coverage,
including but not limited to, the Medicaid program, the Vermont health access
plan, the Vermont health access plan-pharmacy program, the VScript program, the
VScript-Expanded program, the state children’s health insurance program, the
state of Vermont AIDS medication assistance program, the General Assistance
program, the pharmacy discount plan program, and any other health assistance
programs administered by the department providing prescription drug coverage.
(2)
“VHAP” or “Vermont health access plan” means the programs of health care
assistance authorized by federal waivers under Section 1115 of the Social
Security Act, by No. 14 of the Acts of 1995, and by further acts of the General
Assembly.
(3)
“VHAP-Pharmacy” or “VHAP-Rx” means the VHAP program of state
pharmaceutical assistance for elderly and disabled Vermonters with income up to
and including 150 percent of the federal poverty level (hereinafter “FPL”).
(4)
“VScript” means the Section 1115 waiver program of state pharmaceutical
assistance for elderly and disabled Vermonters with income over 150 and less
than or equal to 175 percent of FPL, and administered under subchapter 4 of
chapter 19 of Title 33.
(5) “VScript-Expanded” means the state-funded
program of pharmaceutical assistance for elderly and disabled Vermonters with
income over 175 and less than or equal to 225 percent of FPL, and administered
under subchapter 4 of chapter 19 of Title 33.
Sec. 148c.
32 V.S.A. § 305a is amended to read:
§ 305a. OFFICIAL STATE REVENUE ESTIMATE
On January 15 and on July 15 of each year,
and at such other times as the emergency board or the governor deems proper,
the joint fiscal office and the secretary of administration shall provide to
the emergency board their respective estimates of state revenues in the
general, transportation, education, health access trust, and federal
funds for the current and next succeeding fiscal years. Within 10 days of receipt of such estimates,
the board shall determine an official state revenue estimate for deposit in the
general fund, the transportation fund, education fund, health access trust
fund, and federal funds for the current and next succeeding fiscal
years. For the purpose of revising an
official revenue estimate only, a majority of the legislative members of the
emergency board may convene a meeting of the board. The health access trust fund estimate shall include estimated
caseloads and estimated per member per month expenditures for the current and
next succeeding fiscal years for each population category eligible for state health care assistance
supported by the fund.
Sec. 148d.
32 V.S.A. § 307(d) is added to read:
(d) The governor’s budget shall include his or
her recommendations for an annual budget for Medicaid and all other health care
assistance programs administered by the department of prevention, assistance,
transition, and health access. The
governor’s proposed Medicaid budget shall include a proposed annual financial
plan, and a proposed five-year financial plan, with the following information
and analysis:
(1) anticipated revenues;
(2) anticipated expenditures, including
anticipated per member per month expenditures for each population category
eligible for health care assistance;
(3) anticipated caseloads, including anticipated
caseloads for each population category eligible for health care assistance;
(4) anticipated utilization;
(5) health care inflation trends;
(6) recommendations for funding provider
reimbursement at levels sufficient to ensure reasonable access to care, and at
levels at least equal to Medicare reimbursement;
(7) recommendations relating to Medicaid and
other program eligibility, the benefit plan, cost‑sharing, utilization
controls, reimbursement, and any other matter necessary to align anticipated
expenditures and revenues; and
(8) any other recommendations or information
affecting the financial sustainability of Medicaid and all other health care
assistance programs administered by the department of prevention, assistance,
transition, and health access.
Sec. 148e.
33 V.S.A. § 1972 is amended to read:
§ 1972. VERMONT HEALTH ACCESS TRUST FUND ESTABLISHED
(a) The Vermont health access trust fund is
hereby established in the state treasury for the purpose of establishing a health
access program special fund to be the single source to finance
health care coverage for uninsured or underinsured low income Vermonters
pursuant to statutes or rules that expand medical assistance programs through a
federal waiver or otherwise. Further
purposes of this fund and the health access program are to increase the number
of low income residents with health benefits coverage, integrate certain
publicly-funded beneficiaries into mainstream medical care, bring Medicaid
beneficiaries into managed care plans, extend pharmaceutical benefits to low
income elderly and disabled individuals, enhance access to health care benefits
paid under the Medicaid program by increasing reimbursement levels for
physicians and other providers, and replace unanticipated reductions in federal
Medicaid receipts resulting from federal action beneficiaries of all state health care assistance programs administered
by the department of prevention, assistance, transition, and health access.
(b) Into the fund shall be deposited:
(1) revenue from the cigarette and tobacco
products tax established in chapter 205 of Title 32;
(2) revenue from health care provider
assessments collected and deposited into the health care trust fund pursuant to
subchapter 2 of chapter 19 of this title;
(3) transfers from the tobacco litigation
settlement fund established in section 435a of Title 32, authorized by the
general assembly;
(4) transfers from the general fund, authorized
by the general assembly; and
(5) The the proceeds from grants,
donations, contributions, and taxes and any other sources of revenue as
may be provided by statute or by rule may also be deposited in the fund.
(c) Interest The fund shall be
administered pursuant to subchapter 5 of chapter 7 of Title 32, except that
interest earned on the fund and any remaining balance shall be retained in
the fund. The department shall maintain
records indicating the amount of money in the fund at any time.
(c)(d) All monies received by or generated to the
fund shall be used only for the administration and delivery of the
health access program and the medical assistance program health care
covered through state
health care assistance programs administered by the department of prevention,
assistance, transition, and health access, including the Medicaid program, the
Vermont health access plan program, the Vermont health access plan-pharmacy
program, the VScript program, the VScript-Expanded program, the state
children’s health insurance program, the General Assistance program, and any
other state health care assistance program administered by or through the
department.
(d) Consistent with the purposes for which the
fund may be used, the general assembly shall appropriate funds from the fund to
the agency of human services and its constituent departments, divisions, or offices,
and to the commissioner of banking, insurance, securities, and health care
administration.
(e) In the event the waiver is not granted by
January 1, 1996, the increase in the rate of reimbursement to providers
established on July 1, 1995, as provided in this act, shall continue, and
commencing on January 1, 1996 payments under the pharmaceutical assistance
program established under chapter 6 of Title 18 shall be set at a fifty percent
subsidy.
Sec. 148f.
MEDICAID VOUCHER PROGRAM
(a) The commissioner of prevention, assistance,
transition, and health access, after considering the recommendations of the
Governor’s Commission on Health Care Availability and Affordability (the “Hogan
Commission” Incentive Plan for Medicaid) may implement a Medicaid voucher
program for the purpose of demonstrating and determining the feasibility of
using vouchers to achieve Vermont’s public policy goals relating to the
Medicaid program. The commissioner may
apply for any federal waivers needed to implement the program. The commissioner shall notify the health
access oversight committee of his or her proposed program before applying for
necessary waivers or implementing the program.
Sec.
148g. MEDICAID CASE MANAGEMENT
INITIATIVE
(a) The commissioner of prevention, assistance,
transition, and health access shall develop and implement in the Medicaid
program and related health care assistance programs administered by the
department an individual case management initiative that seeks to reduce the
cost of providing appropriate, quality health care for beneficiaries in the 10
percent of the population that requires 70 percent of health care expenditures,
provided the commissioner determines that the initiative is likely to be
cost-effective.
Sec. 149. Prevention, assistance, transition, and
health access - general assistance
Grants 4,076,260
Source of funds
General fund 3,264,939
Special funds 1
Federal funds 811,320
Total 4,076,260
(a)
Of the above appropriation, $227,000.00 in federal TANF funds and
$50,000.00 in general funds is allocated specifically for assistance to
families who demonstrate 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 July 1, 2000. Of the above
general fund appropriation, $50,000.00 shall be used for the “Not For Cause”
rental assistance program. Assistance
under this provision is not an entitlement, and shall cease upon expenditure of
these allocated funds.
(b)
The commissioner of prevention, assistance, transition, and health
access, after consultation with organizations representing affected general
assistance recipients, shall file with the legislative committee on
administrative rules, before October 1, 2002, a final proposed rule amending
the standards and procedures for awarding assistance in connection with
nonpayment of rent or mortgage arrearage, with the goal of creating a more
rational, efficient and effective program.
(c)
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.
(d)
The commissioner of prevention, assistance, transition, and health
access shall adopt rules to require the cremation of the bodies of individuals
buried at public expense, as authorized by 33 V.S.A. § 2301, unless the
decedent or the decedent’s family has expressly requested an alternate
arrangement.
(e)
The commissioner of prevention, assistance, transition, and health
access shall establish the procedures necessary to limit general assistance
payment for medical and dental services and items to those required to treat an
emergency medical need, as defined by rule, for applicants not subject to an
income eligibility test. Such procedures
shall, at a minimum, incorporate the features of the pharmacy best practices
and cost control program authorized under Sec. 123(n) of No. 63 of the Acts of
2001, and the establishment of a list of drug classifications for which general
assistance payments are not made. The commissioner shall adopt such rules as
are necessary to establish the procedures specified in this subsection.
Sec. 150. Prevention, assistance, transition, and
health access - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 8,352,075
Total 8,462,075
Source of funds
Special funds 8,462,075
(a) Of the funds appropriated for home heating
fuel assistance/LIHEAP in this act, no more than $350,000.00 shall be expended
for crisis fuel direct service/administration exclusive of statewide after
hours crisis coverage.
Sec. 151. PREVENTION, ASSISTANCE, TRANSITION, AND
HEALTH
ACCESS - 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 2003, and all unexpended LIHEAP funds granted to
the state in fiscal year 2002, 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 purpose of a crisis set-aside, seasonal home heating fuel
assistance through December 31, 2002, 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 2002-2003 crisis set-aside and seasonal home heating fuel assistance
through December 31, 2002, and LIHEAP funds awarded as of December 31, 2002 for
fiscal year 2003 do not exceed $2,550,00.00, subsequent payments under the home
heating fuel assistance program shall not precede January 30, 2003. 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, 2002, the commissioner of finance and management may anticipate
receipts into the home weatherization assistance trust fund.
Sec. 152. THE ADOPTION OF PREVENTION, ASSISTANCE,
TRANSITION, AND HEALTH ACCESS
RULES
(a)
The commissioner of prevention, assistance, transition, and health
access is authorized to adopt rules under the expeditious rulemaking procedures
provided in this section in order that changes reflected in this act to
programs administered by the department of prevention, assistance, transition,
and health access may be implemented by July 1, 2002. Notwithstanding the provisions to the contrary of 3 V.S.A.
chapter 25, the commissioner may file prior to and adopt, effective July 1,
2002, all rules necessary to:
(1)
exempt all individuals domiciled in the state of Vermont from the
implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2003;
(2)
amend the 12-month rule for VHAP eligibility pursuant to Sec. 148(b) of
this act;
(3)
amend the benefit plan for VHAP, Medicaid and all other health
assistance programs administered by the department relating to vision services
pursuant to Sec. 148(c) of this act;
(4)
amend cost sharing for VHAP beneficiaries pursuant to Sec. 148(d) of this
act;
(5)
amend cost sharing for VHAP-Rx, VScript and VScript-Expanded
beneficiaries pursuant to Sec. 148(h) of this act;
(6)
establish standards and procedures for the cessation and renewal of
enrollments in the VScript-Expanded and the VScript program pursuant to Sec.
148(h)(5) of this act;
(7)
amend cost sharing for VHAP beneficiaries for chiropractic services
pursuant to Sec. 148(i) of this act;
(8)
amend long term care eligibility rules pursuant to Sec. 148(m) of this
act;
(9)
amend general assistance rules pursuant to Sec. 149 of this act; and
(10)
establish the “Healthy Vermonters” Pharmacy Discount Program pursuant to
33 V.S.A. § 2003.
(b) Notwithstanding the provisions to the contrary of
3 V.S.A. chapter 25, the commissioner of prevention, assistance, transition,
and health access is authorized to file prior to and adopt, effective July 1,
2002, such rules as are necessary to implement the provisions of this
section. Such rules may be adopted by filing
them in final form with the secretary of state and the legislative committee on
administrative rules under 3 V.S.A. § 841, after publication, in three daily
newspapers with the highest average circulation in the state, of a notice that
lists all rules to be adopted by this process, and that provides for a
seven-day public comment period. The
commissioner shall file the final proposed rules with the legislative committee
on administrative rules no later than June 14, 2002. 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 no later than June 28,
2002. Rules so adopted shall be
effective upon filing with the secretary of state, and shall have the full
force and effect of rules adopted pursuant to 3 V.S.A. chapter 25. Any such rules
filed by the commissioner 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 commissioner that the
rule is required to meet the purposes of this section.
Sec. 153. Prevention, assistance, transition, and
health access - food stamp cash out
Grants 4,790,717
Source of funds
Federal funds 4,790,717
Sec. 154. Developmental and mental health services -
central office
Personal services 2,131,984
Operating expenses 756,772
Total 2,888,756
Source of funds
General fund 1,293,277
Federal funds 1,595,479
Total 2,888,756
Sec. 155. Developmental and mental health services -
community mental health
Personal services 2,138,146
Operating expenses 403,071
Grants 75,006,995
Total 77,548,212
Source of funds
General fund 23,333,245
Special funds 6,893,538
Federal funds 45,312,183
Interdepartmental transfer 2,009,246
Total 77,548,212
Sec. 156. Developmental and mental health services -
developmental services
Personal services 2,835,093
Operating expenses 467,972
Grants 81,673,545
Total 84,976,610
Source of funds
General fund 31,144,809
Special funds 905,890
Federal funds 51,832,611
Interdepartmental transfer 1,093,300
Total 84,976,610
Sec. 157. Developmental and mental health services -
Vermont state hospital
Personal services 9,370,691
Operating expenses 1,281,146
Grants 143,000
Total 10,794,837
Source of funds
General fund 3,932,189
Special funds 145,064
Federal funds 6,717,584
Total 10,794,837
(a)
The commissioner of the department of buildings and general services is
directed to undertake an analysis of the food service programs at the Waterbury
and Montpelier state complexes to determine whether such services should remain
privatized or be combined, utilizing state employees under the management of
the department of buildings and general services. The commissioner shall report findings and recommendations with a
budget summary to the general assembly on or before January 15, 2003. No further privatization of these services
shall be made without legislative approval.
Sec. 158. Developmental and mental health services -
employment services
Grants 931,188
Source of funds
General fund 348,544
Federal funds 582,644
Total 931,188
Sec. 159. Aging and disabilities - administration and
support
Personal services 12,844,578
Operating expenses 2,174,340
Total 15,018,918
Source of funds
General fund 4,244,235
Special funds 295,000
Federal funds 9,402,807
Interdepartmental transfer 1,076,876
Total 15,018,918
(a)
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.
(b)
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.
Sec. 160. Aging and disabilities - division of
advocacy and independent living
Grants 17,824,820
Source of funds
General fund 8,354,725
Transportation fund 522,000
Special funds 710,855
Federal funds 8,162,240
Interdepartmental transfer 75,000
Total 17,824,820
(a)
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.
(b)
The conversion of 10 lower-level beds to nursing home level of care
shall be deemed approved, notwithstanding the provisions of subchapter 5 of
chapter 221 of Title 18, provided the nursing home has reduced the number of
its nursing home beds from 50 to 30 within the previous five years, and the
potential annual cost to the state, calculated by assuming that all converted
beds will be funded by Medicaid, shall not exceed $250,000.00.
Sec. 161. Aging and disabilities - blind and visually
impaired
Grants 1,416,285
Source of funds
General fund 540,106
Special funds 120,000
Federal funds 756,179
Total 1,416,285
Sec. 162. Aging and disabilities - vocational
rehabilitation
Grants 5,095,515
Source of funds
General fund 1,579,195
Federal funds 3,516,320
Total 5,095,515
Sec. 163. Aging and disabilities - TBI home and
community based waiver
Grants 2,251,760
Source of funds
General fund 842,834
Federal funds 1,408,926
Total 2,251,760
(a)
The state shall allocate the appropriation for the traumatic brain
injured waiver for fiscal year 2003 in the following manner: rehabilitation program, 77 slots; long-term
program, 22 slots. The number of
long-term program slots may be increased by no more than eight if matching
funds are available to support the additional slots.
Sec. 164. Office of economic opportunity
Personal services 373,206
Operating expenses 78,588
Grants 4,949,278
Total 5,401,072
Source of funds
General fund 1,169,134
Special funds 91,615
Federal funds 3,774,946
Interdepartmental transfer 365,377
Total 5,401,072
(a)
Of the above general fund appropriation, $485,000.00 shall be granted to
community agencies for homeless assistance by 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.
(b) On a one-time basis in fiscal year 2003, $23,000.00 of the above general fund
appropriation shall be for an emergency grant to a homeless assistance program
that is facing funding shortfalls that will result in significantly reduced
services.
(c)
Of the above appropriation, $25,000.00 shall be available for the
Vermont campaign to end childhood hunger for foodstamp outreach activities.
Sec. 165. Office of economic opportunity -
weatherization assistance
Personal services 143,735
Operating expenses 30,761
Grants 5,276,940
Total 5,451,436
Source of funds
Special funds 4,500,998
Federal funds 950,438
Total 5,451,436
Sec. 166. Corrections - administration
Personal services 1,817,690
Operating expenses 322,087
Grants 3,503,263
Total 5,643,040
Source of funds
General
fund 2,073,040
Special funds 20,000
Federal funds 3,550,000
Total 5,643,040
(a)
The department of corrections, the court administrator, the office of
state’s attorneys and the office of the defender general shall report to the
house and senate committees on judiciary on or before January 15, 2003 on the
increase in the number of pre-trial detainees.
The report shall include data on the number of current and past
pre-trial detainees, causes of the recent increase in the number of pre-trial
detainees, descriptions of the costs of housing pre‑trial detainees as
compared to releasing those persons pending trial, and recommendations for
legislation to reduce the number of trial detainees.
(b)
The department shall reduce or eliminate contracts to provide savings in
contract services of $25,000.00 in fiscal year 2003. These reductions shall not be made in contracts for treatment
services.
(c)
Notwithstanding any other law, a uniform transport policy shall apply to
all Vermont correctional institutions.
Sec. 167. Corrections - parole board
Personal services 214,159
Operating expenses 65,555
Total 279,714
Source of funds
General fund 279,714
(a)
To reduce the costs of transportation and meeting time, the parole board
is directed, whenever possible, to conduct interviews and reviews with inmates
eligible for parole and parolees though the use of videoconferencing
technology.
Sec. 168. Corrections - correctional education
Personal services 2,628,772
Operating expenses 362,210
Total 2,990,982
Source of funds
General fund 2,545,154
Interdepartmental transfer 445,828
Total 2,990,982
Sec. 169. Corrections - correctional services
Personal services 49,786,235
Operating expenses 23,861,812
Grants 379,500
Total 74,027,547
Source of funds
General fund 71,308,197
Transportation fund 1,424,702
Special funds 549,500
Tobacco funds 87,500
Federal funds 465,651
Interdepartmental transfer 191,997
Total 74,027,547
(a)
Of the above general fund appropriation, $67,000.00 shall be used as a
grant to Dismas House of Vermont, Inc.
(b)
In order to achieve reductions in the cost of placements of Vermont
inmates in out-of-state correctional facilities, the commissioner of
corrections is directed to solicit competitive bids from public and private
correctional facilities and institutions located in another state.
(c) Any fees collected by the
department pursuant to 28 V.S.A. § 102(c)(14) in excess of $550,000.00 may
be used by the department to establish criminal justice grants under 28 V.S.A.
§ 101, or for any other purpose to further the goals of restorative justice and
offender re-entry.
Sec. 170. 28 V.S.A. § 102(c)(14) is amended to read:
(14)
To collect a fee in the amount of $30.00 per month as a supervisory
fee from each person under the supervision of the department who is on
probation, furlough, supervised community service, or parole, except that
offenders on reparative probation, and offenders who cannot pay or can
demonstrate other good cause may be exempted from such fee. Supervisory fees collected by he department
shall be credited to a special supervision and victim restitution fund
established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, for this
purpose and shall be used by the department for expenditures relating to
probation, furlough, supervised community service and parole programs and to
reimburse victims of crime. In every
fiscal year, operational expenses shall take precedence over victim
restitution. The commissioner shall
adopt rules governing the collection of supervisory fees, including the maximum
period of time offenders are subject to supervision fees. To collect a fee up to the amount of
$30.00 per month as a supervisory fee from each person under the supervision of
the department who is on probation, furlough, pre-approved furlough, supervised
community sentence or parole.
Supervisory fees collected by the department shall be credited to a
special supervision and victim restitution fund, established and managed
pursuant to 32 V.S.A, chapter 7, subchapter 5, for this purpose. The commissioner shall adopt rules governing
the collection of supervisory fees, including the maximum period of time
offenders are subject to supervision fees and the offender’s ability to pay
such fees.
Sec. 170a. Sec. 103 of No. 63 of the Acts of 2001, as
amended by Sec. 14 of No. 110 of the Acts of 2002, is further amended to read:
Sec. 103.
Corrections - corrections services
Personal
services 47,744,756
47,782,256
Operating
expenses 24,670,716
24,952,383
Grants 467,000
467,000
Total 72,882,472
73,201,639
Source
of funds
General
fund 70,462,241
70,781,408
Transportation
fund 1,402,578
1,402,578
Federal
funds 551,156
551,156
Special
funds 274,500
274,500
Interdepartmental
transfer 191,997
191,997
Total 72,882,472
73,201,639
* * *
(d)
To provide additional supervision for the correctional system community
population, the establishment of eight (8) nine (9) new
classified positions – four (4) seven (7) Correctional Service
Specialist II, one of which shall be assigned to the Bennington region, and four
(4) two (2) Community Corrections Officer – is authorized in fiscal
year 2002. Of the positions
redirected to field supervision from the closure of the Woodstock regional
correctional facility, six (6) shall be Youthful Corrections Service Specialist
consistent with Sec. 280b(a)(1) of this act.
(e) The department shall reallocate from
corrections central office to correctional facilities or field offices in
fiscal year 2002 five (5) positions.
The department shall utilize these positions to the greatest extent
possible to increase field coverage.
(f) The department shall look at ways to reduce
or eliminate contracts to provide savings in contract services in fiscal year
2003.
Sec. 170b. SUNSET REPEAL
(a) 28 V.S.A. § 104(d) (sunset for community
notification requirement for furloughed offenders) is repealed.
Sec. 170c. 28 V.S.A. § 721 is amended to read:
§ 721. OFFENDER REINTEGRATION; STATE POLICY
The department shall establish an offender
reintegration process that requires offenders to be held accountable to their
victims and the community. This process shall provide opportunities for victims
of crime and other members of the community to participate in reentry programs
under section 2a of this title and to allow for victims and members of the
communities to provide input to the department as provided for in subsection
104(a) of this title. Such input shall
include, but not be limited to, the nature of the planned supervision, the
offender’s work and education needs, the potential impact to the victim(s) of
the offender’s presence in the community, and the opportunities to make use of
the offender’s abilities within the community. An offender who participates in the reintegration process
provided for in this subchapter may be placed in the community under the
department’s supervision for the remainder of the sentence if the department is
satisfied that the offender is demonstrating progress in his or her reentry
programs and that the offender does not present an unreasonable risk to his or
her victims or to the community at large.
Sec. 170d. JOINT LEGISLATIVE CORRECTIONS OVERSIGHT
COMMITTEE
(a) A joint legislative corrections oversight
committee is created. The committee
shall exercise oversight over the department of corrections and work with and
provide assistance to other legislative committees on matters related to
corrections policies.
(b) The committee shall be composed of eight
members: four members of the house of
representatives, who shall not all be from the same party, appointed by the
speaker of the house, and four members of the senate, who shall not all be from
the same party, appointed by the committee on committees. In addition to one member-at-large appointed
from each chamber, one appointment shall be made from each of the following
house and senate committees: appropriations,
judiciary, and institutions.
(c) The committee shall elect a chair, vice
chair, and clerk from among its members.
The committee shall keep a record of its meetings. A quorum shall consist of five members.
(d) When the general assembly is in session, the
committee shall meet at the call of the chair.
The committee may meet during adjournment, subject to approval of the
speaker of the house and the president pro tempore of the senate. For attendance at a meeting when the general
assembly is not in session, members of the committee shall be entitled to
compensation for services and reimbursement of expenses as provided under 2
V.S.A. § 406(a).
(e) The professional and clerical services of
the joint fiscal office and the legislative council shall be available to the
committee.
(f) In addition to the general responsibilities
set forth in subsection (a) of this section, the committee shall:
(1) Oversee preparation of a comprehensive
description of the department of corrections’ programs.
(2) Oversee development and implementation of a
continuous quality improvement evaluation of the department’s substance abuse
programs.
(3) Review and make recommendations on the
department of corrections' strategic, operating and capital plans.
(4) Review and make recommendations to the
committees on appropriations regarding departmental budget proposals.
(5) Provide general oversight on departmental
policy development.
(6) Encourage improved communications between
the department and the other components of the criminal justice system.
(7) Review ways to reduce costs to the system by
reducing the number of short-term sentences and the number of detainees.
(8) Consider the following issues:
(A) Replace indefinite probation with a
presumptive parole system.
(B) Make collection of restitution exclusively a
civil matter.
(g) The committee shall report its findings,
together with recommendations, to the general assembly no later than December 1
of each year. The report shall describe
the committee’s activities in connection with the issues listed in subsection
(f) in subdivisions (1)-(5) of this section that have not been thoroughly
addressed by preceding reports. In
addition, the committee’s report for 2003 shall include its recommendation on
whether the life of the committee should be extended beyond fiscal year 2005.
Sec. 170e. SUNSET
(a) Sec. 170d of this act shall expire June 30,
2005.
Sec. 170f. CORRECTIONS; WOODSTOCK REGIONAL CORRECTIONAL
FACILITY
(a) The commissioner of the department of
buildings and general services shall consult with the Windsor County officials
and the Town and Village officials of Woodstock as to appropriate alternative
uses of the facility, and may expend up to $10,000.00 from the amounts appropriated
in this act for design and planning that will enhance the utilization of the
facility for the benefit of Windsor County and the Town of Woodstock.
(b) The department of corrections shall provide
reports every other month to the joint legislative corrections oversight
committee on intensively supervised field population and the number of filled
positions in the field providing supervision to that population. Once all intensive field supervision
positions created in Sec. 103 of No. 63 of the Acts of 2001, as amended, as
well as those positions reassigned as field supervision positions as a result
of the change of status of the Woodstock regional correctional facility are
filled and the department has demonstrated for a period of three consecutive months
the recommended coverage ratios statewide for intensive supervision are met,
these reports will no longer be required.
Sec. 171. Corrections - correctional facilities -
recreation
Personal services 391,579
Operating expenses 304,450
Total 696,029
Source of funds
Special funds 696,029
Sec. 172. REPEAL
(a)
Secs. 80 and 81 of No 61 of the Acts of 2001 (vendor telephone rates)
are repealed, and 28 V.S.A. § 816, prior to amendment by Secs. 80 and 81, shall
remain in effect.
Sec. 173. Corrections - Vermont correctional
industries
Personal services 1,195,154
Operating expenses 741,900
Total 1,937,054
Source of funds
Internal service funds 1,937,054
Sec. 174. [Omitted]
Sec. 175. Children’s trust fund
Grants 284,156
Source of funds
General fund 106,156
Special funds 90,000
Federal funds 88,000
Total 284,156
(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. 175a. Governor’s commission on women
Personal services 179,680
Operating expenses 55,706
Total 235,386
Source of funds
General fund 230,386
Special funds 5,000
Total 235,386
Sec. 175b. 3 V.S.A. § 22 is added to read:
§ 22.
THE COMMISSION ON WOMEN
(a) The commission on women is created as the
successor to the governor’s commission on women established by Executive Order
No. 20-86. The commission shall be
organized and have the duties and responsibilities as provided in this
section. The commission shall be an
independent agency of the government of Vermont and shall not be subject to the
control of any other department or agency.
Members of the commission shall be drawn throughout the state and from
diverse racial, ethnic, religious, age, sexual orientation and socioeconomic
backgrounds, and shall have had experience working toward the improvement of
the status of women in society.
(b) The commission shall consist of 16 members,
appointed as follows:
(1) eight members shall be appointed by the
governor; no more than four shall be from one political party.
(2) six members shall be appointed by the
legislature, three by the
senate committee on committees, and three by
the speaker of the house; no more than two appointees shall be members of the
legislature. Each appointing authority
shall appoint no more than two members from the same political party.
(3) two members, one each from the two major
political parties.
(c) The terms of members shall be four
years. Members of the commission
currently appointed and serving pursuant to Executive Order No. 20-86 on
July 1, 2002 may continue to serve for the duration of the four year term
to which they were appointed. As terms
of currently serving members expire, appointments of successors shall be in
accord with the provisions of subsection (b) of this section, and made in the
following order:
(1) For terms expiring on June 30, 2002, two
shall be made by the governor, one shall be made by the committee on committees
and one shall be made by the speaker;
(2) For terms expiring on June 30, 2003, two
shall be made by the governor, and one each shall made by the two major
political parties.
(3) For terms expiring on June 30, 2004, two
shall be made by the governor, one shall be made by the committee on committees
and one shall be made by the speaker;
(4) For terms expiring on June 30, 2005, two
shall be made by the governor, one
shall be made by the committee on committees and one shall be made by the
speaker.
Thereafter,
appointments of members to fill vacancies or expired terms shall be made by the
authority that made the initial appointment to the vacated or expired term.
(d) Members of the commission shall elect
biennially by majority vote a chair of the commission. Members of the commission shall receive no
compensation for their services, but shall be entitled to reimbursement for
expenses in the manner and amount provided to employees of the state.
(e)
Nine members shall constitute a quorum of the commission. Once a quorum has been established, the vote
of a majority of the members present at the time of the vote shall be an act of
the commission.
(f) The commission may appoint members to an
advisory council to provide information on the concerns of Vermont women and
assist the commission in the fulfillment of its responsibilities. The commission may establish ad hoc
committees or task forces to study and make recommendations to the
commission. The chairperson of such
committees or task forces shall be appointed by the chairperson of the
commission. The tenure of such
committees or task forces shall be determined by the nature of the study and
the project undertaken.
(g) The commission shall conduct studies of
matters concerning women, and in furtherance of that responsibility may:
(1) review Vermont statutes with regard to sex
discrimination and other matters affecting the status of women;
(2) educate and inform business, education,
state and local governments and the general public about the nature and scope
of sex discrimination and other matters affecting the status of women in
Vermont;
(3) serve as a liaison and clearinghouse between
government, private interest groups and the general public concerned with
services for women, and, in this regard, may publish a periodic newsletter to
provide information to these constituencies;
(4) promote consideration of qualified women for
all levels of government positions.
(h) The powers of the commission shall include,
but not be limited to, the following:
(1) To conduct research and study of issues
affecting the status of women in Vermont;
(2) To advise and consult with the executive and
legislative branches of state government on policies affecting the status of
women in Vermont;
(3)
To maintain an office and hire employees as necessary to carry out its
duties;
(4)
To acquire on a contractual or other basis such necessary legal,
technical or research expertise and support services as it may require for the
discharge of its duties;
(5)
To publish periodic reports documenting the legal, economic, social, and
political status, and other concerns of women in Vermont;
(6)
To report by January 15 of each year to the governor, speaker of the
house and senate president pro tempore an annual summary of Vermont women’s
social and economic status including, but not limited to, employment and
earnings, economic autonomy, and political participation and representation;
(7) To
utilize such voluntary and uncompensated services of private individuals,
agencies and organizations as may, from time to time, be offered and needed;
(8) To accept and solicit funds, including any
gifts, donations, grants or bequests or any federal funds, for any commission
related purposes.
(i) No part of any funds appropriated to the
commission by the legislature shall, in the absence of express authorization by
the legislature, be used directly or indirectly for legislative or
administrative advocacy. The commission
shall review and amend as necessary all existing contracts and grants to ensure
compliance with this subsection. For
purposes of this subsection, legislative or administrative advocacy means
employment of a lobbyist as defined in chapter 111 of Title 2, or employment
of, or establishment of, or maintenance of, a lobbyist position whose primary
function is to influence legislators or state official with respect to pending
legislation or regulations.
Sec. 176. Retired senior volunteer program
Grants 132,400
Source of funds
General fund 132,400
Sec. 177. Disabled and needy veterans
Personal services 1,850
Operating expenses 7,025
Grants 28,815
Total 37,690
Source of funds
General fund 37,690
Sec. 178. Vermont veterans’ home - care and support
services
Personal services 9,278,671
Operating expenses 3,120,455
Total 12,399,126
Source of funds
General fund 1,072,300
Special funds 8,025,908
Federal funds 3,300,918
Total 12,399,126
Sec. 179. Amendment
(a) Sec. 3 of No. 3 of the Acts of 1999, as
amended by Sec. 118 of No. 152 of the Acts of 2000 and Sec. 125 of No. 63 of
the Acts of 2001, is further amended to read:
Sec. 3. EFFECTIVE DATE
This act shall be effective from the date
of passage and Sec. 2 shall be repealed on July 1, 2002.
Sec. 179a. Sec. 1 of No. 3 of the Acts of 1999 is
amended to read:
Sec. 1. VERMONT VETERANS’ HOME; PAYMENT RATES
Notwithstanding any other provision of law,
beginning on April 1, 1999, or such other later date as will assure the receipt
of federal matching funds, payment rates for Medicaid services provided to Vermonters
residents in the Vermont Veterans' Home shall be determined
retrospectively by the division of rate setting based on the reasonable and
necessary budgeted costs of providing those services. The secretary of human services may adopt emergency rules to
implement the provisions of this section.
Sec. 180. Sec. 4 of No. 145 of the Acts of 2000 is
amended to read:
Sec. 4. NURSING POSITIONS AT THE VERMONT VETERANS’
HOME
* * *
(c)
This section is repealed on July 1, 2002 2004.
Sec. 181. Vermont Association for Blind and Visually
Impaired, Inc.
Grants 24,885
Source of funds
General fund 24,885
Sec. 182. Total human services 1,198,214,850
Source of funds
General fund 326,656,362
Transportation fund 2,021,702
Special funds 217,263,534
Tobacco fund 24,257,500
Federal funds 618,527,408
Permanent trust 10,000
Internal service funds 1,937,054
Interdepartmental transfer 7,541,290
Total 1,198,214,850
Sec. 183. Employment and training
Personal services 17,285,217
Operating expenses 6,511,137
Grants 3,484,000
Total 27,280,354
Source of funds
General fund 220,998
Special
funds 10,000
Federal funds 24,098,356
Interdepartmental transfer 2,951,000
Total 27,280,354
Sec. 184. Employment and training - apprenticeship
Personal services 403,223
Operating expenses 126,149
Grants 155,280
Total 684,652
Source of funds
General funds 550,395
Special funds 134,257
Total 684,652
Sec. 185. Total employment and training 27,965,006
Source of funds
General fund 771,393
Special funds 144,257
Federal funds 24,098,356
Interdepartmental transfer 2,951,000
Total 27,965,006
Sec. 186. Education - finance and administration
Personal services 3,114,217
Operating expenses 1,100,411
Grants 11,100,000
Total 15,314,628
Source of funds
General fund 2,911,711
Special funds 12,292
Federal funds 12,390,625
Total 15,314,628
Sec. 186a.
REPEAL
(a)
Sec. 128(b) of No. 62 of the Acts of 1999, relating to repeal of use of
Medicaid reimbursement funds by supervisory unions for prevention and intervention
programs on June 30, 2002, is repealed.
Sec. 186b.
16 V.S.A. § 2959a is amended to read:
§ 2959a. EDUCATION MEDICAID RECEIPTS
* * *
(c) At least annually, the commissioner of
education shall pay to each supervisory union submitting Medicaid bills under
this section, 50 percent of the reimbursed funds generated by the supervisory
union’s bill, excluding claims generated by state-placed students. The Unless the supervisory union
has agreed to use the funds to operate a supervisory unionwide program or to
distribute the funds in a different manner, upon receipt, the supervisory
union shall distribute the funds to its member school districts based on how
the funds were generated unless the supervisory union board has agreed to a
different distribution. The
commissioner of education may withhold payment due a school district pursuant
to § section 2950 of Title 16 for a Medicaid-eligible state‑placed
student if the school district has not submitted a Medicaid claim for
reimbursable services for that student.
* * *
(e) School districts shall utilize funds
received under this section to pay for reasonable costs of administering the
Medicaid claims process, and for prevention and intervention programs in
grades pre-K through 12. The programs
shall be designed to ensure all students achieve rigorous and challenging
standards adopted in the Vermont framework of standards and learning
opportunities or locally adopted standards.
A school district shall provide an annual written justification to the
commissioner of education of the use of the funds. Such annual submission shall show how the funds’ use is expressly
linked to those provisions of the school district’s action plan that directly
relate to improving student performance.
* * *
Sec. 187. Education - standards and assessment
Personal services 2,947,755
Operating expenses 684,937
Grants 1,205,096
Total 4,837,788
Source of funds
General fund 2,390,320
Special funds 44,672
Federal funds 2,402,796
Total 4,837,788
Sec. 188. Education - education quality
Personal services 6,205,999
Operating expenses 2,158,264
Grants 92,432,595
Total 100,796,858
Source of funds
General fund 5,938,450
Transportation fund 642,080
Education fund 7,949,075
Special funds 1,431,360
Federal funds 83,573,598
Interdepartmental transfer 1,262,295
Total 100,796,858
(a)
The appropriations in this section shall be authorized, notwithstanding
16 V.S.A. §§ 1564, 1565, 1566, and 1567.
(b)
Notwithstanding Sec. 163(b) of Act No. 63 of the Acts of 2001, the above
appropriation includes $200,000.00 from the education fund for the purpose of
awarding grants to technical centers to support innovative program development
responding to emerging technologies and providing high-skill, high wage
employment. The commissioner shall give
special consideration to new and innovative agricultural programs.
Sec. 188a.
16 V.S.A. § 1531(c) is amended to read:
(c)
For a school district which is geographically isolated from a Vermont
technical center, the state board may approve a technical center in another
state as the technical center which district students may attend. In this case, the school district shall
receive transportation assistance pursuant to section 1563 of this title and
tuition assistance pursuant to section 1561(c) of this title. Any student who is a resident in the
Windham Southwest supervisory union and who is enrolled in the Charles H.
McCann Technical School at public expense shall be considered to be attending
an approved technical center in another state pursuant to this subsection.
Sec. 189. 16 V.S.A. § 179(b) is amended to read:
(b)
The state board shall ensure that, by the beginning of school
year 2002‑2003 2004-2005, any Vermont student who wishes,
including a student in an approved home school program, may be assessed under
this section.
Sec. 190. Education - special education: formula grants
Grants 69,750,914
Source of funds
Education fund 69,750,914
(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 2003 costs incurred by school districts shall be paid partially
from the fiscal year 2003 appropriation and partially from the fiscal year 2004
appropriation. The fiscal year 2003
appropriation shall cover the final reimbursements for fiscal year 2002, with
the remainder available for reimbursements for fiscal year 2003 grants and reimbursements. Funds distributed to school districts for
fiscal year 2003 expenses, but to which the school districts were not entitled,
based on final reports for fiscal year 2003, shall not be considered as part of
the total expenditures for fiscal year 2003 under the 60-percent state funding
provision of 16 V.S.A. § 2967, as limited by Sec. 10 of No. 117 of the Acts of
2000. Such funds held by local school
districts shall be treated as expenditures in fiscal year 2004.
(b)
Of the appropriation authorized in this section, and notwithstanding any
other provision of law, an amount not to exceed $2,797,220.00 shall be used by
the department of education in fiscal year 2003 as funding for 16 V.S.A.
§ 2967(b)(2)-(6). In distributing
such funds, the commissioner shall not be limited by the restrictions contained
within 16 V.S.A. § 2969(c) and (d). In
addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $125,000.00 may be
used by the department of education for its participation in the higher
education partnership plan.
Sec. 191. 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. 192. Education - state-placed students
Grants 11,234,600
Source of funds
Education fund 11,234,600
Sec. 193. Education - adult basic education
Grants 3,825,310
Source of funds
General fund 2,752,399
Federal funds 872,911
Interdepartmental transfer 200,000
Total 3,825,310
Sec. 194. EDUCATION - EDUCATION GRANTS
(a)
There is appropriated from the education fund for fiscal year 2003 to
the department of education $601,200,000.00.
Of the amount appropriated, $569,900,000.00 shall fund the general state
support grant under 16 V.S.A. § 4011 at $5,566.00 for each equalized
pupil, $27,170,000.00 shall fund the standard mainstream block grant under 16
V.S.A. § 2961, and $4,130,000.00 shall fund the essential early education grant
under 16 V.S.A. § 2948(c).
(b)
Of the above appropriation, $16,000.00 shall be granted to the
Shaftsbury school district for costs related to boiler repair and/or
replacement.
Sec. 195. Education - transportation
Grants 12,727,961
Source of funds
Education fund 12,727,961
Sec. 196. Education - small school grants
Grants 4,760,660
Source of funds
Education fund 4,760,660
Sec. 197. Education - capital debt service aid
Grants 3,161,935
Source of funds
Education fund 3,161,935
Sec. 198. Education - local share property tax
Grants 42,200,000
Source of funds
Education fund 42,200,000
(a)
This appropriation of $42,200,000.00 or such other amount shall be paid
to districts adopting budgets with local education spending in excess of the
general state support grant and that are able to raise less than the
predictable yield amount.
(b)
The sum of $36,000,000.00 from the education fund is allocated to fund
the fiscal year 2004 predicted yield calculated pursuant to 16 V.S.A. § 4027.
(c) In addition to the funds allocated in
subsection (b) of this section, such additional amounts are allocated from the
education fund to fund the fiscal year 2004 predictable yield, consistent with
the following:
(1) Only amounts in excess of the amount
necessary to maintain the five percent reserve in the education fund.
(2) Not more that the amount necessary to fund a
fiscal year 2004 predictable yield equivalent to the same percentile as the
fiscal year 2003 predictable yield.
(d)
For the purposes of presenting a balance sheet for the education fund in
the years beyond fiscal year 2004, any funds in excess of the amounts necessary
to maintain a five percent reserve in the education fund shall be allocated as
follows:
(1) To fund a predictable yield at the same
percentile as the fiscal year 2003
predictable yield.
(2) To increase the block grant.
Sec. 199. Education - fiscal review panel
Operating expenses 13,935
Grants 34,000
Total 47,935
Source of funds
General fund 47,935
Sec. 200. Education - civic education
Personal Services 1,500
Operating expenses 1,500
Grants 13,301
Total 16,301
Source of funds
General fund 16,301
Sec. 201. Education - tobacco litigation
Personal services 156,615
Operating expenses 26,937
Grants 710,000
Total 893,552
Source of funds
Tobacco fund 893,552
Sec. 202. Education - Act 117 cost containment
Personal services 1,091,325
Operating expenses 28,791
Grants 65,000
Total 1,185,116
Source of funds
Federal funds 1,185,116
(a)
Notwithstanding any provisions of law, expenditures made during fiscal
year 2003 from this section shall be counted under 16 V.S.A. § 2967 as part of
the state’s 60 percent of the statewide total special education expenditures of
funds which are not derived from federal sources.
Sec. 203. MEDICAID REIMBURSEMENT ADMINISTRATIVE
SPECIAL
FUND - DEPOSIT
(a)
In addition to deposits to the Medicaid Reimbursement Administrative
Special Fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2003,
$1,185,116.00 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.
Sec. 204. FUND APPROPRIATION AND TRANSFER
(a)
There is appropriated in fiscal year 2003 from the general fund for
transfer to the education fund the amount of $254,985,935.00.
(b)
In fiscal year 2004, $263,910,443.00 shall be appropriated and
transferred from the general fund to the education fund.
Sec. 205. State teachers’ retirement system
Personal services 10,037,726
Operating expenses 169,674
Grants 20,446,282
Total 30,653,682
Source of funds
General fund 20,446,282
Special funds 10,207,400
Total 30,653,682
(a)
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. 206. 16 V.S.A. § 1944(c)(12)(E) and (F) are added
to read:
(E) for fiscal year 2003, the applicable
standard plan shall not exceed the cost of the $250.00 comprehensive plan
offered by the board;
(F) for fiscal years 2004 and thereafter, the
cost of the applicable standard plan determined under this subsection shall not
exceed the cost of the $250.00 comprehensive plan offered in fiscal year 2003,
adjusted for the appropriate fiscal year.
In the event of the discontinuance of the $250.00 comprehensive plan, a
plan with a comparable expenditure profile shall be used as a benchmark.
Sec. 207. TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a)
The amount of $2,240,000.00 in education funds is appropriated in fiscal
year 2003 to implement the provisions of 32 V.S.A. §§ 4041(a), relating to
payments to municipalities for reappraisal costs, and 5405(f), relating to
payments of $1.00 per grand list parcel.
Sec. 207a. Property tax assistance – fiscal year 2003
Grants 97,087,000
Source of funds
General fund 6,500,000
Transportation fund 3,842,000
Education fund 86,745,000
Total 97,087,000
Sec. 207b. Sec. 177 of No. 63 of the Acts of 2001 is
amended to read:
Sec. 177. Tax department - homestead property tax
income sensitivity adjustments
Grants 83,702,004 79,800,000
Source of funds
General fund 5,343,272
4,900,000
Transportation fund 4,031,009 3,600,000
Education fund 74,327,721 71,300,000
Total 83,702,004 79,800,000
Sec. 208. Total general education 1,256,920,175
Source
of funds
General fund 295,989,333
Transportation fund 4,484,080
Education fund 841,970,145
Special funds 11,695,724
Tobacco fund 893,552
Federal funds 100,425,046
Interdepartmental transfer 1,462,295
Total 1,256,920,175
Sec. 208a.
COMMISSION ON HIGHER EDUCATION FUNDING STUDY
(a)
The commission on higher education funding, which was created by the
general assembly in 1999, has succeeded in guiding legislative policy and
increasing the financial commitment of the state. Presenting a united front when making financial and policy
requests to the general assembly has enabled the Vermont higher education
community to realize these results. Therefore,
it is the intent of the general assembly to ensure that the higher education
community continues to work cooperatively to improve higher education funding
and services for Vermont students.
(b)
During fiscal year 2003, the commission on higher education funding
shall develop a vision and goals for higher education in Vermont. In developing the vision and goals, the
commission shall consider:
(1)
the most cost‑effective use of state funds to ensure that all
Vermonters have access to education that best meets their needs;
(2)
complementary provision of services by Vermont higher education
institutions;
(3)
techniques for contributing to development of a healthy Vermont economy;
and
(4)
techniques for leveraging nonpublic funds for this purpose.
(c)
The commission shall also write, and appropriate members shall sign, a
compact between leaders in the higher education community and the state of
Vermont leaders, similar to the compact it developed in 1999. The compact should define state, student and
higher education community goals for higher education, and lay out a framework
for implementing the goals.
(d) On or before November 15, 2003, the
commission shall present the vision and goals developed pursuant to subsection
(b) of this section to the general assembly.
Sec. 208b.
PUBLIC HIGHER EDUCATION GOVERNANCE
(a) During the 2003-2004 legislative session,
the senate and house committees on education are directed to review the
composition and distribution of legislatively elected and appointed trustees on
the boards of the University of Vermont, the Vermont state colleges and the
Vermont student assistance corporation.
If either committee determines that change is needed, it may produce
legislation which addresses the needed change before adjournment in the spring
of 2003.
Sec. 209. University of Vermont
Grants 36,197,999
Source of funds
General fund 36,197,999
(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.
(b)
Of the above appropriation, $346,800.00 shall be transferred to EPSCoR
for the purpose of complying with state matching fund requirements necessary
for the receipt of available federal or private funds, or both.
Sec. 210. University of Vermont - Morgan horse farm
Grants 5,000
Source of funds
General fund 5,000
Sec. 211. Vermont public television
Grants 604,136
Source of funds
General fund 604,136
Sec. 212. Vermont state colleges
Grants 20,769,755
Source of funds
General fund 20,769,755
(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 2003 contribution toward the growth of the 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 2003 appropriation will be the second of five annual appropriations,
through fiscal year 2006, 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.
Transfers to the state colleges’ endowment fund shall be under the
condition that only the interest accruing to the fund will be available for the
purposes as designated by the board of trustees of the state colleges. By June 30, 2007, 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.
(c)
Of the above appropriation, $400,860.00 shall be transferred to the
Vermont manufacturing extension center for the purpose of complying with state
matching fund requirements necessary for the receipt of available federal or
private funds, or both.
Sec. 213. Vermont state colleges - practical nursing
schools
Grants 592,206
Source of funds
General fund 592,206
Sec. 214. Vermont interactive television
Grants 851,760
Source of funds
General fund 851,760
Sec. 215. Vermont student assistance corporation
Grants 16,356,671
Source of funds
General fund 16,356,671
(a)
Not less than 100 percent of grants shall be used for direct student
aid.
Sec. 216. New England higher education compact
Operating expenses 76,642
Source of funds
General fund 76,642
Sec. 217. Education commission of the states
Operating expenses 100
Source of funds
General fund 100
Sec. 218. Total higher education and other 75,454,269
Source of funds
General fund 75,454,269
Sec. 219. Natural resources - agency of natural
resources - administration
Personal services 2,316,386
Operating expenses 1,668,536
Grants 35,000
Total 4,019,922
Source of funds
General fund 2,440,095
Special funds 810,845
Federal funds 92,685
Interdepartmental transfer 676,297
Total 4,019,922
(a)
The agency of natural resources shall study the restoration of natural
water flow and related issues, including wave action, with a goal of reducing phosphorus levels in the following
portions of Lake Champlain: Albert
Passage, Pelots Bay, Carry Bay, and Macomb Bay. The secretary of natural resources shall report to the general
assembly, by January 15, 2004, with the results of the study.
Sec. 220. 3 V.S.A. § 2808 is added to read:
§ 2808. AGENCY PERMITS
This section shall apply to any permit,
license, or certification that is issued by the agency of natural resources,
and that is listed as enforceable by the secretary of the agency of natural
resources under the uniform environmental law enforcement chapter, 10 V.S.A.
chapter 201. With respect to permits,
licenses, or certifications specified under this section, if the permit
processing time limits established under subsection 2822(g) of this title are
not met, the secretary may allow the option of the applicant paying for an
independent engineer approved by the secretary to do the permitting analysis
required for the secretary to approve or deny the application.
Sec. 221. Connecticut river watershed advisory
commission
Grants 40,500
Source of funds
General fund 25,000
Federal funds 15,500
Total 40,500
Sec. 222. Citizens’ advisory committee on Lake
Champlain’s future
Personal services 6,015
Operating expenses 3,985
Total 10,000
Source of funds
General fund 10,000
Sec. 223. Natural resources - state land local
property tax assessment
Operating expenses 1,215,783
Source of funds
General fund 691,468
Transportation fund 262,815
Interdepartmental transfer 261,500
Total 1,215,783
Sec. 224. Green up
Grants 8,550
Source of funds
Special funds 8,550
Sec. 225. Natural resources - information technology
Personal services 207,427
Operating expenses 101,950
Total 309,377
Source of funds
General fund 115,455
Interdepartmental transfer 193,922
Total 309,377
Sec. 226. Fish and wildlife - support and field
services
Personal services 10,269,981
Operating expenses 3,292,353
Grants 325,000
Total 13,887,334
Source of funds
Fish and wildlife fund 13,280,907
Interdepartmental transfer 606,427
Total 13,887,334
Sec. 227. Fish and wildlife - watershed improvement
Grants 70,000
Source of funds
Fish and wildlife fund 70,000
Sec. 228. Fish and wildlife - wildlife management area
projects
Operating expenses 100,000
Source of funds
Fish and wildlife fund 100,000
Sec. 229. Fish and wildlife - conservation
Operating expenses 700,000
Source of funds
Fish and wildlife fund 700,000
Sec. 230. Fish and wildlife - natural communities and
habitat
Personal services 10,226
Operating expenses 184,074
Total 194,300
Source of funds
Fish and wildlife fund 194,300
Sec. 231. Forests, parks and recreation -
administration
Personal services 664,002
Operating expenses 466,205
Grants 1,662,000
Total 2,792,207
Source of funds
General fund 868,523
Special funds 321,684
Federal funds 1,602,000
Total 2,792,207
Sec. 232. Forests, parks and recreation - forestry
Personal services 4,227,435
Operating expenses 585,539
Grants 275,000
Total 5,087,974
Source of funds
General fund 3,026,663
Transportation fund 21,500
Special funds 362,502
Federal funds 1,348,751
Permanent trust 5,042
Interdepartmental transfer 323,516
Total 5,087,974
Sec. 233. Forests, parks and recreation - state parks
Personal services 4,029,943
Operating expenses 2,194,600
Grants 35,000
Total 6,259,543
Source of funds
General fund 399,489
Special funds 5,827,050
Interdepartmental transfer 33,004
Total 6,259,543
Sec. 234. Forests, parks and recreation - lands
administration
Personal services 242,378
Operating expenses 33,550
Total 275,928
Source of funds
General fund 275,928
Sec. 235. Forests, parks and recreation - rural
community fire protection
Personal services 7,000
Operating expenses 12,000
Total 19,000
Source of funds
Federal funds 19,000
Sec. 236. Forests, parks and recreation - senior
community service employment
Personal services 36,000
Operating expenses 2,000
Total 38,000
Source of funds
Federal funds 38,000
Sec. 237. Forests, parks and recreation - snowmobile
trails program
Personal services 11,500
Grants 488,500
Total 500,000
Source of funds
Special funds 500,000
Sec. 238. Forests, parks and recreation - youth
conservation corps
Personal services 490,660
Operating expenses 36,450
Grants 650,000
Total 1,177,110
Source of funds
Special funds 809,110
Interdepartmental transfer 368,000
Total 1,177,110
Sec. 239. Forests, parks and recreation - forest
highway maintenance
Personal services 2,539
Operating expenses 404,000
Grants 200,000
Total 606,539
Source of funds
Transportation fund 606,539
Sec. 240. Forests, parks and recreation - property
survey
Personal services 115,548
Operating expenses 14,950
Total 130,498
Source of funds
General fund 90,497
Interdepartmental transfer 40,001
Total 130,498
Sec. 241. Environmental conservation - commissioner’s
office
Personal services 773,570
Operating expenses 190,419
Total 963,989
Source of funds
General fund 330,386
Special funds 189,365
Federal funds 444,238
Total 963,989
Sec. 242. VILLAGE OF NEWBURY; FORGIVENESS OF DEBT
(a)
Notwithstanding any provision of law to the contrary, the Village of
Newbury shall not be required to repay a planning advance in the amount of
$65,974.88 made to it between 1995 and 1997, pursuant to provisions of chapter
55 of Title 10.
Sec. 243. Environmental conservation - environmental
assistance
Personal services 1,292,897
Operating expenses 223,801
Grants 30,000
Total 1,546,698
Source of funds
General fund 589,418
Special funds 742,850
Federal funds 214,430
Total 1,546,698
Sec. 244. Environmental conservation - office of air
and waste management
Personal services 5,072,452
Operating expenses 1,446,107
Grants 561,500
Total 7,080,059
Source of funds
General fund 803,399
Transportation fund 39,278
Special funds 3,575,753
Federal funds 2,511,629
Interdepartmental transfer 150,000
Total 7,080,059
Sec. 244a.
FUND TRANSFER
(a) Notwithstanding any other provisions of law,
in fiscal year 2003, the amount of $250,000.00 shall be transferred to the
general fund from the solid waste management fund.
Sec. 245. Environmental conservation - office of water
programs
Personal services 5,154,739
Operating expenses 1,001,647
Grants 912,000
Total 7,068,386
Source of funds
General fund 2,685,422
Special funds 1,869,038
Federal funds 2,064,798
Interdepartmental transfer 449,128
Total 7,068,386
Sec. 246. [Omitted]
Sec. 247. Environmental conservation - various
environmental special funds
Grants 4,957,783
Source of funds
Special funds 4,957,783
Sec. 248. Environmental conservation - surface water
Personal services 4,821,175
Operating expenses 963,619
Grants 1,961,859
Total 7,746,653
Source of funds
General fund 3,081,725
Transportation fund 181,762
Special funds 537,682
Federal funds 3,486,696
Interdepartmental transfer 458,788
Total 7,746,653
Sec. 249. Environmental board and district commissions
- Act 250
Personal services 1,929,149
Operating expenses 359,659
Total 2,288,808
Source of funds
General fund 851,807
Special funds 1,437,001
Total 2,288,808
Sec. 250. CONSTRUCTION OF LEGISLATIVE INTENT
(a)
The Acts of 2001 included No. 40, which itself included Sec. 14, by
which the general assembly repealed environmental board Rule 2(A)(6), the
so-called 800-foot road rule. In
repealing the 800-foot road rule, the general assembly intended also to
supersede the precedential weight given to board declaratory rulings that
concluded the construction of a road for the purpose of dividing land into two
or more parcels for sale or lease constitutes a development.
Sec. 251. Environmental board and district commissions
- waste facilities panel
Personal services 119,344
Operating expenses 15,656
Total 135,000
Source of funds
Special funds 135,000
Sec. 252. Water resources board
Personal services 281,384
Operating expenses 42,508
Total 323,892
Source of funds
General fund 323,892
Sec. 253. Total natural resources 69,553,833
Source of funds
General fund 16,609,167
Transportation fund 1,111,894
Fish and wildlife fund 14,345,207
Special funds 22,084,213
Federal funds 11,837,727
Permanent trust funds 5,042
Interdepartmental transfer 3,560,583
Total 69,553,833
Sec. 254. Commerce and community development - agency
of commerce and community development - administration
Personal services 1,011,593
Operating expenses 504,027
Grants 238,088
Total 1,753,708
Source of funds
General fund 1,688,210
Interdepartmental transfer 65,498
Total 1,753,708
(a)
All authority and responsibility for the administration and
implementation of the sustainable jobs fund and the sustainable jobs program
established by chapter 15A of Title 10 is transferred from the Vermont economic
development authority to the agency of commerce and community development,
secretary’s office. The agency shall be
the successor to all rights and obligations of the authority in any matter
pertaining to the fund and the program on and after July 1, 2002.
Sec. 254a.
10 V.S.A. § 6615a(e) is amended to read:
(e)
Application process.
(1)
A person shall submit to the secretary a complete application consisting
of:
* * *
(E)
any information necessary for the secretary to make the findings
required in subsection (f) of this section; and
(F) a
written report demonstrating the applicant has provided the public with notice
and a reasonable opportunity to submit comments to the secretary on the
information and material referenced in subdivisions (1)(C) and (D) of this
subsection; and
(G) a certification, under oath
and notarized, from the person:
* * *
Sec. 254b.
10 V.S.A. § 6615a(l) is amended to read:
(l)
Program funding.
(1)
Creation of fund. There is
created a brownfields revitalization fund, which shall be a special fund
created under subchapter 5 of chapter 7 of Title 32, to be administered by
the secretary of the agency of commerce and community development to aid
applicants in the redevelopment of contaminated properties program with the
characterization, assessment and remediation of sites.
Money received by the secretary of the agency of natural resources
for assistance rendered in connection with the program shall be deposited in
the redevelopment of contaminated properties account of the environmental
contingency fund established in 10 V.S.A. § section 1283 of
this title.
(2)
Contents of fund. The fund shall
be comprised of the following:
(A)
such state or federal funds as may be appropriated by the general
assembly; and
(B) any gifts, grants, or other
contributions to the brownfields revitalization fund.
(3)
Applications for assistance.
Program applicants may apply to the secretary of commerce and community
development for assistance from the brownfields revitalization fund in the form
of a grant or loan to complete characterization, assessment or remediation of a
site as part of a plan approved by the secretary of natural resources under
this program.
(4)
Evaluation of application. In
determining whether a grant or a loan from the brownfields revitalization fund
is warranted, the secretary of commerce and community development, in
consultation with the secretary of natural resources, shall consider:
(A)
the extent to which the proposed project will facilitate the
identification and reduction of threats to human health and the environment
that may be associated with exposure to hazardous materials, pollutants or
contaminants;
(B)
the extent to which the proposed project will facilitate the use or
reuse of existing infrastructure;
(C)
the potential for the proposed project to stimulate economic
development;
(D)
the extent to which the proposed project will respond to the housing
needs of a community or region;
(E)
the level of participation by a local community in the process of making
decisions relating to remediation and future use of the brownfields site;
(F)
the extent to which a grant or a loan will meet the needs of a community
that has an inability to draw on other sources of funding for environmental
remediation and subsequent redevelopment of the area in which a brownfields
site is located, because of the small population or low income of the
community;
(G) the extent to which a grant
or loan will facilitate the creation of, preservation of, or addition to a
park, a greenway, undeveloped property, recreational property or other property
used for nonprofit purposes;
(H)
the extent to which the grant or loan will cause a more balanced
geographic distribution of awards from the brownfields revitalization fund.
(5)
Grants.
(A) The secretary of commerce
and community development may award an applicant a grant not to exceed $50,000.00
for the characterization and assessment of a site.
(B)
The secretary of commerce and community development may award an
applicant a grant not to exceed $200,000.00 for the remediation of a site.
(C)
The secretary of commerce and community development may make a grant to
assist an applicant in purchasing environmental insurance relating to the
performance of the characterization, assessment or remediation of a brownfields
site in accordance with a corrective action plan approved by the secretary of
natural resources.
(D)
The secretary of commerce and community development may use a portion of
the brownfields revitalization fund to develop a risk‑sharing pool, an
indemnity pool, or an insurance mechanism to provide financial assistance to
applicants.
(6) Loans.
(A)
For the purpose of this chapter, “VEDA” means the Vermont economic
development authority, which is authorized to make loans on behalf of the state
under this section after the secretary of commerce and community development,
in consultation with the secretary of natural resources, has first determined
an applicant eligible to apply to VEDA for a loan. These loans shall be issued and administered by VEDA, pursuant to
this chapter, and VEDA’s enabling authority, pursuant to chapter 12 of this
title. The secretary of commerce and
community development, in consultation with the secretary of natural resources
and the VEDA manager, shall annually determine the amount of the brownfields
revitalization fund available to VEDA for loans under this section.
(B)
An applicant may use the proceeds of a loan from VEDA for
characterization, assessment or remediation of a site. A loan may not be in an amount greater than
$250,000.00.
(C)
Proceeds from repayment of loans shall be deposited in the brownfields
revitalization fund and shall be available for additional grants or loans in
accordance with this section.
(D)
VEDA may make loans to applicants on behalf of the state for one or more
of the purposes set forth in this subsection.
Each such loan shall be made subject to the following conditions:
(i)
Repayment shall commence no later than one year after completion of the
project for which loan funds have been applied.
(ii)
The rate of interest charged for loans shall be set by VEDA in
consultation with the secretary of commerce and community development, and shall be a rate that is
sufficiently attractive to advance the purposes of this section. The interest rate set by VEDA may be less
than the prevailing borrowing rates available to similarly situated applicants
from private lenders, but not less than zero percent.
(iii) Loans made to applicants by VEDA on behalf
of the state under this section shall be made in accordance with the terms and
conditions specified in a loan agreement to be executed by VEDA and the
applicant. The loan agreement shall
specify the terms and conditions of the loan and repayment by the applicant, as
well as other terms and conditions determined necessary by VEDA and the secretary
of natural resources or the secretary of commerce and community development.
(iv)
Disbursement of loan proceeds shall be based on certification by the
loan recipient demonstrating that costs for which reimbursement is requested
have been incurred or paid by the recipient for activities under the plan
approved by the secretary of natural resources. The recipient shall provide supporting evidence of payment upon
the request of VEDA. Interim financing
charges or short-term interest costs may constitute an allowable cost of a
project for which a loan is extended.
In the event short-term financing is unavailable to the applicant, VEDA
may make interim loan disbursements to the applicant and its general contractor
as co-payees upon submission of a certified request for payment, supported by
actual invoices or other evidence satisfactory to VEDA, of costs incurred.
(v)
VEDA may include such additional requirements in the loan agreement as
it determines necessary for the proper administration of the brownfields
revitalization fund, and which are consistent with applicable state and federal
law and with other programs administered by VEDA under chapter 12 of this
title.
(vi)
In the event of default, any amounts owed upon the loan shall be
considered a debt for the purposes of subdivision 5932(4) of Title 32. VEDA may recover such debt pursuant to the
set-off debt collection remedy established under sections 5833 and 5934 of
Title 32.
(E)
Qualifications for eligibility.
No loan to an applicant shall be made under this section until:
(i)
the applicant has certified to VEDA that all state and federal permits
and licenses necessary to undertake the project for which financing has been
sought have been or will be obtained prior to VEDA disbursing funds under the
loan; and
(ii) the secretary of commerce and community
development has certified to VEDA that the applicant and the project are
eligible for financing or assistance under this section, and that the project
has priority for receipt of financial assistance.
(i) The secretary of commerce and community
development or the secretary of natural resources and VEDA may enter into
agreements on behalf of the state with agencies of the United States as may be
necessary to obtain grants and awards in furtherance of the stated purposes of
the brownfields revitalization fund created under this section, provided that
any such grant or award has been approved pursuant to section 5 of Title 32.
(ii) Annually, by January 15, the secretary of
commerce and community development and VEDA shall submit a report to members of
the joint fiscal committee setting out the balance of the fund created under
this section, grant and loan awards made to date, funds anticipated to be made
available in the coming year, and any other matters of interest.
(H)
Liability against default. Under
no circumstances shall the state or VEDA become responsible for owning or
operating a project or for completing a corrective action plan when the grant
or loan recipient defaults on a loan obligation, abandons the project site, or
fails to complete a corrective action plan to the satisfaction of the secretary
of natural resources.
Sec. 255. Housing and community affairs
Personal services 2,150,666
Operating expenses 284,882
Grants 7,661,163
Total 10,096,711
Source of funds
General fund 1,418,257
Special funds 4,263,316
Federal funds 4,394,488
Interdepartmental transfer 20,650
Total 10,096,711
Sec. 256. Historic sites operations
Personal services 555,237
Operating expenses 1,076,130
Total 1,631,367
Source of funds
General fund 399,041
Special funds 525,958
Federal funds 300,000
Interdepartmental transfer 406,368
Total 1,631,367
Sec. 257. Community development block grants
Grants 8,563,070
Source of funds
Federal funds 8,563,070
(a)
Community development block grants will carry forward until expended.
Sec. 258. Economic development
Personal services 968,395
Operating expenses 372,894
Grants 1,526,291
Total 2,867,580
Source of funds
General fund 2,444,670
Special funds 400,529
Interdepartmental transfer 22,381
Total 2,867,580
(a)
Of the above appropriation, up to $50,000.00 may be deposited into the
Vermont business recruitment partnership special fund.
Sec. 258a. 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 used for 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 and the activities of the department of economic
development. 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. 258b.
10 V.S.A. chapter 1, subchapter 1 is added to read:
Subchapter 1. The Vermont Business Recruitment Partnership
§ 15.
THE VERMONT BUSINESS RECRUITMENT PARTNERSHIP;
PROMOTION OF VERMONT AS A SPECIAL PLACE FOR
BUSINESSES TO CALL HOME
(a)
The Vermont business recruitment partnership is created as an advisory
committee to be responsible for promoting Vermont’s image out of state and marketing
the state in order to attract industry.
The committee shall develop a plan of action in conjunction with the
departments of economic development and of tourism and marketing and other
members of the marketing and promotional team created in response to No. 190 of
the Acts of 1996 (Adj. Sess.). The
committee shall coordinate efforts with regional planning commissions, regional
development corporations, regional transportation councils, and local
communities to create a unified effort in attracting new industry to
Vermont. In addition, the committee
will cooperate and assist with ongoing recruitment endeavors by individual
businesses and private groups.
(b)
The advisory committee for the Vermont business recruitment partnership
shall consist of ten people: the
commissioner of the department of economic development, the commissioner of the
department of tourism and marketing, one representative each from Vermont’s
banking industry, colleges, investment firms, and utilities, and two
representatives each of the manufacturing industry and of small business,
appointed by the governor. The
committee shall have all the powers necessary and convenient to carry out and
effectuate the purposes and provisions of this subchapter. As well as establishing the governing policy
for the partnership, the advisory committee may participate in the activities
of the organization, including:
(1)
direct mail campaigns;
(2)
telemarketing efforts;
(3)
prospecting trips outside Vermont;
(4)
trade show appearances; and
(5)
an ongoing image campaign, including the establishment of a web site.
(c)
The commissioner of economic development shall report to the general
assembly on or before January 15 of each year the activity of the Vermont
business recruitment partnership and the implementation of its recommendations
for promoting Vermont outside the state.
§ 16.
VERMONT BUSINESS RECRUITMENT PARTNERSHIP SPECIAL
FUND
The Vermont business
recruitment partnership special fund is created in the department of economic
development for the purposes of carrying out section 15 of this
subchapter. The fund shall be
administered by the commissioner of economic development, and expenditures
therefrom shall only be made to implement and effectuate the policies and
purposes of this chapter. Deposits
shall be made to the fund from monies appropriated thereto by the general
assembly and from any other source, public or private. Unexpended balances and any earnings shall
not revert to the general fund, but shall remain in the fund for use in
accordance with the purposes of this chapter.
Sec. 259. Government marketing
assistance center
Personal services 215,635
Operating expenses 43,363
Total 258,998
Source of funds
General fund 90,324
Federal funds 168,674
Total 258,998
Sec. 260. Vermont training program
Personal services 72,591
Operating expenses 11,658
Grants 665,135
Total 749,384
Source of funds
General fund 705,922
Special funds 40,000
Interdepartmental transfer 3,462
Total 749,384
(a) Of the above general fund appropriation,
$100,000.00 is for the purpose of
contracting, through competitive award processes or through sole‑source
procurement, for development of a stone arts school in order to maintain jobs
in the granite industry.
Sec. 261. Job development zones
Grants 50,967
Source of funds
General fund 50,967
Sec. 262. Tourism and marketing
Personal services 2,232,530
Operating expenses 1,036,695
Grants 1,438,832
Total 4,708,057
Source of funds
General fund 4,408,057
Special funds 50,000
Interdepartmental transfer 250,000
Total 4,708,057
(a)
The above amount transferred to the department of fish and wildlife
reflects a one-time reduction of $52,000.00.
It is the intent of the legislature that the department shall resume a
full transfer in fiscal year 2004 and beyond.
Sec. 263. Marketing and promotional team
Personal services 339,605
Operating expenses 8,800
Total 348,405
Source of funds
General fund 348,405
(a)
The conversion of two (2) limited service positions - one (1) Director
of Promotional Services and one (1) Administrative Assistant A - to permanent
is authorized in fiscal year 2003.
(b) The joint fiscal office, with the
participation and assistance of the Vermont tax department, shall consult with
the department of tourism and marketing and review the department's work with
the university of Vermont to evaluate the tax impact of travel and tourism
spending. Based on this review, the
joint fiscal office shall present to the joint fiscal committee at its
November meeting any protocol or
findings it can make as to the state revenue implications of appropriations for
travel and tourism marketing.
(c)
The joint fiscal office, with assistance of the legislative council and
from the department, shall review travel and tourism department appropriations
and spending from fiscal year 2000 through fiscal year 2002, and shall consider
performance measures and benchmarks for department activities. This review shall be completed by November
1, 2002. Based on this review and the
findings made in subsection (b) of this section, there is created a special working
group to consist of one member who is a representative of the Vermont travel
and recreation council chosen by the council, and the chairs of the following
committees: house and senate committees
on appropriations and on transportation.
The joint fiscal office and the legislative council shall provide staff
support to the working group. The
working group shall meet in November and December to consider proposals for
funding formulas for the department of tourism and marketing. A report and any funding formula developed,
shall be submitted to the house clerk, the secretary of the senate and the
secretary of administration on or before January 15, 2003, for
consideration in the 2003 legislative session.
Sec. 264. Vermont life
Personal services 625,000
Operating expenses 200,000
Total 825,000
Source of funds
Enterprise funds 825,000
Sec. 265. Vermont council on the arts
Grants 517,206
Source of funds
General fund 517,206
Sec. 266. Vermont symphony orchestra
Grants 107,326
Source of funds
General fund 107,326
Sec. 267. Vermont historical society
Grants 405,830
Source of funds
General fund 405,830
Sec. 268. Vermont housing and conservation board
Grants 27,334,895
Source of funds
Special funds 12,018,000
Federal funds 15,316,895
Total 27,334,895
Sec. 269. Vermont council on the humanities
Grants 139,935
Source of funds
General fund 139,935
Sec. 270. Total commerce and community development 60,358,439
Source of funds
General fund 12,724,150
Special funds 17,297,803
Federal funds 28,743,127
Enterprise funds 825,000
Interdepartmental transfer 768,359
Total 60,358,439
Sec. 271. TRANSPORTATION
(a)
Transportation fund appropriations made available for the agency of
transportation, in cooperation with the federal government, shall be available
until expended, and shall not revert.
(b)
The commissioner of finance and management shall maintain and control
transportation appropriations in separate state and federal appropriations, as
needed, and may incur overdrafts in personal services and operating expenses
pending distribution of payroll and employee charges to other appropriations.
Sec. 272. Transportation - finance &
administration
Personal services 8,009,248
Operating expenses 1,143,500
Grants 300,000
Total 9,452,748
Source of funds
Transportation fund 8,734,748
Federal funds 718,000
Total 9,452,748
Sec. 273. Transportation - aviation
Personal services 1,478,213
Operating expenses 6,151,787
Grants 35,000
Total 7,665,000
Source of funds
Transportation fund 2,535,000
Federal funds 5,130,000
Total 7,665,000
Sec. 274. Transportation - buildings
Personal services 135,000
Operating expenses 1,430,000
Total 1,565,000
Source of funds
Transportation fund 1,565,000
Sec. 275. Transportation - project development
Personal services 30,689,226
Operating expenses 71,419,053
Grants 17,443,378
Total 119,551,657
Source of funds
Transportation fund 24,792,040
Local match 1,138,808
Federal funds 93,620,809
Total 119,551,657
Sec. 276. Transportation - interstate rest areas
Personal services 826,000
Operating expenses 7,285,699
Total 8,111,699
Source of funds
Transportation fund 484,199
Federal funds 7,627,500
Total 8,111,699
Sec. 277. Transportation - maintenance state system
Personal services 26,845,972
Operating expenses 21,388,068
Total 48,234,040
Source of funds
Transportation fund 48,234,040
Sec. 278. Transportation - policy and planning
Personal services 2,606,535
Operating expenses 1,069,555
Grants 15,327,572
Total 19,003,662
Source of funds
Transportation fund 6,657,764
Local match 67,500
Federal funds 12,278,398
Total 19,003,662
Sec. 279. Transportation - rail
Personal services 2,638,321
Operating expenses 16,602,673
Total 19,240,994
Source of funds
Transportation fund 6,787,074
Federal funds 12,453,920
Total 19,240,994
Sec. 280. Transportation - technical services
Personal services 5,394,368
Operating expenses 1,352,455
Total 6,746,823
Source of funds
Transportation fund 3,786,152
Federal funds 2,960,671
Total 6,746,823
Sec. 281. Transportation - traffic operations
Personal
services 1,642,548
Operating expenses 1,325,104
Total 2,967,652
Source of funds
Transportation fund 940,822
Local match 5,000
Federal funds 2,021,830
Total 2,967,652
Sec. 282. Transportation - central garage
Personal services 2,705,742
Operating expenses 8,986,806
Total 11,692,548
Source of funds
Internal service funds 11,692,548
(a)
Pursuant to 19 V.S.A. § 13(b), the agency of transportation is
authorized to add one vehicle to the fleet for use by the department of motor
vehicles for field inspection activities.
Sec. 283. Department of motor vehicles
Personal services 11,871,818
Operating expenses 4,929,900
Grants 100,000
Total 16,901,718
Source of funds
Transportation fund 16,213,234
Federal funds 688,484
Total 16,901,718
Sec. 284. DMV - motorcycle rider training
Personal services 140,834
Operating expenses 80,000
Total 220,834
Source of funds
Transportation fund 220,834
Sec. 285. Transportation - town highway structures
Grants 3,494,500
Source of funds
Transportation fund 3,494,500
Sec. 286. Transportation - town highway emergency fund
Grants 182,111
Source of funds
Transportation fund 182,111
Sec. 287. Transportation - town highway Vermont local
roads
Grants 423,000
Source of funds
Transportation fund 283,000
Federal funds 140,000
Total 423,000
Sec. 288. Transportation - town highway class 2
roadway
Grants 4,248,750
Source of funds
Transportation fund 4,248,750
Sec. 289. Transportation - town highway bridges
Personal services 4,003,430
Operating expenses 17,620,015
Grants 1,625,000
Total 23,248,445
Source of funds
Transportation fund 4,700,034
Local match 1,959,000
Federal funds 16,589,411
Total 23,248,445
Sec. 290. Transportation - town highway grants
Grants 23,857,744
Source of funds
Transportation fund 23,857,744
(a)
The above appropriation is authorized, notwithstanding 19 V.S.A. § 306(a).
(b)
The town highway grant program is redesignated “the town highway aid
program”.
Sec. 291. Transportation - town highway class 1
supplemental grants
Grants 128,750
Source of funds
Transportation fund 128,750
Sec. 292. Transportation and arbitration boards
Personal services 60,434
Operating expenses 19,566
Total 80,000
Source of funds
Transportation fund 80,000