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NO. 61. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.

(H.526)

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

Sec. 1. SHORT TITLE

TAB This bill may be referred to as the BIG BILL -- Fiscal Year 1998 Appropriations Act.

Sec. 2. PURPOSE

TAB The purpose of this act is to provide appropriations for the operations of state government during fiscal year 1998. It is the expressed 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, 1997. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 1998 so as to meet this condition unless otherwise directed by specific language in this act.

Sec. 3. APPROPRIATIONS

TAB 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 purposes indicated. These appropriations shall be the only appropriations available notwithstanding any other acts or laws. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.

Sec. 4. TIME AVAILABLE

TAB The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 1998. 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 beenpaid 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

TAB For the purposes of this act:

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

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

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

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

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

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

Sec. 6. SOURCE OF FUNDS

TAB The appropriations made in this act are made for the fiscal year ending June 30, 1998 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 services387,435
Operating expenses 21,111
Total408,546
Source of funds
General fund205,219
Transportation fund58,327
Interdepartmental transfer 145,000
Total408,546

Sec. 8. Secretary of administration - GOVnet

Personal services245,851
Operating expenses 591,500
Total837,351
Source of funds
Special funds698,601
Interdepartmental transfer 138,750
Total837,351

Sec. 9. Finance and management - budget and management

Personal services629,440
Operating expenses 49,134
Total678,574
Source of funds
General fund547,548
Transportation fund121,255
Interdepartmental transfer 9,771
Total678,574

Sec. 10. Finance and management - financial operations

Personal services747,080
Operating expenses 235,768
Total982,848
Source of funds
General fund617,449
Transportation fund345,111
Interdepartmental transfer 20,288
Total982,848

Sec. 11. Personnel - operations

Personal services1,899,939
Operating expenses 401,983
Total2,301,922
Source of funds
General fund1,493,656
Transportation fund607,604
Special funds60,000
Internal service funds95,432
Interdepartmental transfer 45,230
Total2,301,922

Sec. 12. Personnel - employee benefits

Personal services620,106
Operating expenses 188,875
Total808,981
Source of funds
Internal service funds808,981

Sec. 13. Buildings and general services - administrative

Personal services545,944
Operating expenses 145,215
Total691,159
Source of funds
General fund364,000
Transportation fund63,000
Internal service funds 264,159
Total691,159

Sec. 14. Buildings and general services - facilities operations

Personal services4,721,078
Operating expenses 6,811,864
Total11,532,942
Source of funds
General fund9,868,058
Transportation fund1,327,826
Internal service funds 337,058
Total11,532,942

Sec. 15. Buildings and general services - engineering

Personal services1,137,676
Operating expenses 44,000
Total1,181,676
Source of funds
General fund586,577
General bond fund500,000
Transportation fund90,704
Internal service funds 4,395
Total1,181,676

Sec. 16. Buildings and general services - property management

Personal services222,107
Operating expenses 513,633
Total735,740
Source of funds
Internal service funds735,740

Sec. 17. Buildings and general services - postal

Personal services447,270
Operating expenses 265,040
Total712,310
Source of funds
General fund77,542
Transportation fund63,085
Internal service funds 571,683
Total712,310

Sec. 18. Buildings and general services - supply center

Personal services224,124
Operating expenses 307,300
Total531,424
Source of funds
Internal service funds531,424

Sec. 19. Buildings and general services - copy center

Personal services440,448
Operating expenses 487,548
Total927,996
Source of funds
Internal service funds927,996

Sec. 20. Buildings and general services - purchasing

Personal services467,476
Operating expenses 123,800
Total591,276
Source of funds
General fund340,000
Transportation fund 251,276
Total591,276

Sec. 21. Buildings and general services - public records

Personal services534,349
Operating expenses 210,100
Total744,449
Source of funds
General fund511,812
Transportation fund85,019
Special funds 147,618
Total744,449

Sec. 22. Buildings and general services - communications and information technology

Personal services1,870,055
Operating expenses 2,661,543
Total4,531,598
Source of funds
Internal service funds4,531,598

Sec. 23. Buildings and general services - state surplus property

Personal services35,596
Operating expenses 64,275
Total99,871
Source of funds
Internal service funds99,871

Sec. 24. Buildings and general services - federal surplus property

Personal services43,214
Operating expenses 124,900
Total168,114
Source of funds
Enterprise funds168,114

Sec. 25. Buildings and general services - workers' compensation insurance

Personal services631,993
Operating expenses 177,150
Total809,143
Source of funds
Internal service funds809,143

Sec. 26. Buildings and general services - general liability insurance

Personal services172,931
Operating expenses 383,591
Total556,522
Source of funds
Internal service funds556,522

Sec. 27. Buildings and general services - all other insurance

Personal services25,399
Operating expenses 11,250
Total36,649
Source of funds
Internal service funds36,649

Sec. 28. APPROPRIATION; REDUCTION

TAB The commissioner is directed to reduce the general fund appropriation by $50,000.00 throughout the buildings and general services department which includes sections 13 through 27 of this act.

Sec. 29. Tax - administration/collection

Personal services6,216,557
Operating expenses 1,686,700
Total7,903,257
Source of funds
General fund6,318,487
Transportation fund247,566
Special funds1,309,704
Interdepartmental transfer 27,500
Total7,903,257

TAB Included in the special funds is $415,000.00 appropriated from the enhanced tax collection special fund (0601084000) in fiscal year 1998.

Sec. 30. Libraries

Personal services1,463,258
Operating expenses808,069
Grants 51,300
Total2,322,627
Source of funds
General fund1,728,371
Federal funds520,000
Special funds 74,256
Total2,322,627

Sec. 31. Geographic information system

Grants307,421
Source of funds
Special funds307,421

TAB Of the above appropriation, $100,803.00 shall be used for the purposes of the soil survey program.

Sec. 32. Auditor of accounts

Personal services713,502
Operating expenses 65,052
Total778,554
Source of funds
General fund383,085
Transportation fund66,844
Retirement trust funds44,780
Internal service funds 283,845
Total778,554

Sec. 33. State treasurer

Personal services1,044,408
Operating expenses 221,000
Total1,265,408
Source of funds
General fund333,548
Transportation fund115,95
Special funds 815,907
Total1,265,408

TAB The establishment of one (1) permanent classified position - Administrative Assistant A - is authorized in fiscal year 1998. This position shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 34. Vermont state retirement system

Personal services8,320,670
Operating expenses 105,425
Total8,426,095
Source of funds
Retirement trust funds8,426,095

Sec. 35. Municipal employees' retirement system

Personal services526,400
Operating expenses 43,365
Total569,765
Source of funds
Retirement trust funds569,765

Sec. 36. State labor relations board

Personal services132,307
Operating expenses 18,800
Total151,107
Source of funds
General fund141,532
Transportation fund5,125
Special funds 4,450
Total151,107

Sec. 37. Executive office

Personal services897,729
Operating expenses222,079
Unrestricted fund 13,000
Total1,132,808
Source of funds
General fund842,971
Transportation fund177,497
Special funds3,000
Interdepartmental transfer 109,340
Total1,132,808

Sec. 38. Executive - national and community service

Personal services138,890
Operating expenses83,785
Grants 652,845
Total875,520
Source of funds
General fund25,000
Federal funds 850,520
Total875,520

Sec. 39. VOSHA review board

Personal services23,800
Operating expenses 3,000
Total26,800
Source of funds
General fund10,889
Federal funds 15,911
Total26,800

Sec. 40. New England governors' conference

Grants51,978
Source of funds
General fund51,978

Sec. 41. Use tax reimbursement fund

Other 9,800,000
Source of funds
General fund 9,800,000
*[Transportation fund]* *[1]*
Total 9,800,000

Sec. 42. Property tax rebate trust fund

Other 37,248,633
Source of funds
General fund 31,667,576
Transportation fund4,961,057
Special funds 620,000
Total 37,248,633

Sec. 43. Lieutenant governor

Personal services88,152
Operating expenses 7,513
Total95,665
Source of funds
General fund74,523
Transportation fund 21,142
Total95,665

Sec. 44. Legislature

Other 3,835,989
Source of funds
General fund 3,059,791
Transportation fund 776,198
Total 3,835,989

Sec. 44a. Sec. 46 of No. 178 of the Acts of 1996 is amended to read:

Sec. 46. Legislature

Other *[3,827,468]* 4,257,468
Source of funds
General fund *[3,002,471]* 3,397,471
Transportation fund *[784,997]* 819,997
Internal service funds 40,000 40,000
Total *[3,827,468]* 4,257,468

TAB In the event that the emergency board approves a transfer to the legislative appropriation in FY 1997, the general funds appropriated in this line item shall be reduced on a dollar for dollar basis to the extent of said transfer.

Sec. 44b. LEGISLATIVE SURVEY OF PROFESSIONAL REGULATORY DISCIPLINARY PROCESS

TABAny names and identifying information obtained by the House Committee on Government Operations in connection with its 1997 survey of persons who have made, or been the subject of, a disciplinary complaint filed with the office of professional regulation shall be confidential.

Sec. 45. Legislative council

Personal services1,131,652
Operating expenses 6,000
Total1,137,652
Source of funds
General fund893,155
Transportation fund 244,497
Total1,137,652

Sec. 46. 2 V.S.A. 204 is amended to read:

204. EXPENSES AND *[CONTRIBUTION]* FUNDING

TABThe members of the commission shall *[not receive compensation for their services, but each shall]* receive *[his]* necessary expenses incurred in the performance of *[his]* their duties. *[Annually, on the requisition of the commission, the commissioner of finance and management shall issue his warrant in favor of the national conference of commissioners on uniformity of state laws for a sum not exceeding $600.00 of the amount annually available to meet the proper appropriation to be paid by this state for the expense of the work of such conference.]* Funding to support activities of the commission shall be provided by the legislature.

Sec. 47. Sergeant at arms

Personal services199,390
Operating expenses 26,015
Total225,405
Source of funds
General fund179,188
Transportation fund 46,217
Total225,405

Sec. 48. Joint fiscal committee

Personal services436,816
Operating expenses 20,400
Total457,216
Source of funds
General fund361,912
Transportation fund 95,304
Total457,216

Sec. 49. Lottery commission

Personal services900,372
Operating expenses 688,820
Total1,589,192
Source of funds
Enterprise funds1,589,192

Sec. 50. Payments in lieu of taxes - Montpelier services

Grants184,000
Source of funds
General fund184,000

Sec. 51. Payments in lieu of taxes - correctional facilities

Grants40,000
Source of funds
General fund40,000

Sec. 52. Total general government 108,244,183

Source of funds
General fund 70,657,867
General bond500,000
Transportation fund 9,770,607
Federal funds1,386,431
Special funds 4,040,957
Retirement trust funds 9,040,640
Enterprise funds1,757,306
Internal service funds10,594,496
Interdepartmental transfer 495,879
Total 108,244,183

Sec. 53. Protection to persons and property - attorney general

Personal services 2,699,815
Operating expenses 354,825
Total 3,054,640
Source of funds
General fund 1,855,613
Transportation fund78,539
Federal funds425,000
Special funds282,488
Interdepartmental transfer 413,000
Total2,957,940

TAB The establishment of one (1) permanent classified position - Systems Administrator -is authorized in fiscal year 1998, which shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 54. TERMINATION OF PARENTAL RIGHTS

TAB In order to provide the resources necessary to resolve the backlog in the number of children in state custody for whom adoption is or will be the case plan, a total of $339,634.00, in addition to all other appropriations contained in this act, is appropriated to the following departments: $48,000.00 general funds and $77,984.00 federal funds to the department of social and rehabilitation services; $132,000.00 general funds to the defender general; and $81,650.00 general funds to judiciary. These funds shall be used to enhance the termination of parental rights effort rather than supplant existing funds.

Sec. 55. Vermont court diversion

Grants753,460
Source of funds
General fund404,042
Transportation fund172,625
Special funds 176,793
Total753,460

Sec. 56. Center for crime victim services

Personal services219,319
Operating expenses42,044
Grants3,740,897
Other 445,000
Total4,447,260
Source of funds
General fund545,058
Federal funds2,968,995
Special funds 933,207
Total4,447,260

Sec. 56a. 13 V.S.A. 5351(3) is amended to read:

TAB(3) "Crime" includes delinquent acts and an act of terrorism, as defined in section2331 of Title 18, United States Code, committed outside the United States against a resident of this state .

Sec. 56b. 13 V.S.A. 5351(7)(D) is added to read:

TAB TAB(D) a resident of this state who is injured or killed by an act of terrorism, as defined in section 2331 of Title 18, United States Code, committed outside the United States.

Sec. 57. State's attorneys

Personal services5,080,929
Operating expenses 624,600
Total5,705,529
Source of funds
General fund4,285,756
Transportation fund414,598
Federal funds100,000
Special funds39,643
Interdepartmental transfer 865,532
Total5,705,529

Sec. 58. Sheriffs

Personal services1,618,338
Operating expenses 200,000
Total1,818,338
Source of funds
General fund1,254,037
Transportation fund 564,301
Total1,818,338

TAB 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.

TABThe above appropriation provides funding for seventeen (17) deputy sheriffs. Theadministration shall not abolish any of these said positions without prior approval of the general assembly.

Sec. 59. BENNINGTON COUNTY

TAB As Bennington County is the county most distant from a state correctional facility, the Vermont Department of States’ Attorneys and Sheriffs shall contract for an independent consultant to evaluate the necessity, feasibility, costs and benefits to the county, the state, and to the criminal justice system generally of lockup facilities in Bennington County. The Department of Corrections, representatives from local police departments in the county and the county sheriff shall serve in an advisory capacity for the study. The results of this study shall be submitted to the House and Senate Committees on Judiciary and Appropriations by January 15, 1998.

TAB$20,000.00 in general funds shall be appropriated to the Department, of which $12,500.00 shall be available for the study and $7,500.00 shall be provided to the Bennington Sheriffs Department to defray transport costs incurred by local police departments due to non-warrant related transport activity.

Sec. 60. Defender general - public defense

Personal services 3,450,732
Operating expenses 421,780
Total 3,872,512
Source of funds
General fund 3,015,515
Transportation fund600,692
Federal funds35,000
Special funds 221,305
Total 3,872,512

TAB The establishment of one (1) limited service position - public defender - is authorized in fiscal year 1998. This position shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 61. Defender general - assigned counsel

Personal services 1,357,705
Operating expenses 34,505
Total 1,392,210
Source of funds
General fund1,132,626
Transportation fund 259,584
Total1,392,210

Sec. 61a. Sec. 64 of No. 178 of the Acts of 1996 as amended by Sec. 16 of No. 2 of the Acts of 1997, is further amended to read:

Sec. 64. Defender General - assigned counsel

Personal services *[1,561,568]* 1,581,568
Operating expenses 34,505 34,505
Total *[1,596,073]* 1,616,073
Source of funds
General fund *[1,296,358]* 1,316,358
Transportation fund 299,715 299,715
Total *[1,596,073]* 1,616,073

Sec. 62. AD HOC COUNSEL COMPENSATION RATE

TAB Notwithstanding 13 V.S.A. 5205(a) and Administrative Order No. 4 of the Vermont supreme court as amended, the rate of compensation for the services of ad hoc counsel in public defense shall be $40.00 per hour through June 30, 1998.

Sec. 63. Military - administrative

Personal services 505,216
Operating expenses300,000
Grants 70,000
Total 875,216
Source of funds
General fund 834,591
Special funds 40,625
Total 875,216

Sec. 64. Military - veterans' affairs

Personal services64,667
Operating expenses 3,000
Total67,667
Source of funds
General fund67,667

Sec. 65. Military - army service contract

Personal services1,102,055
Operating expenses 1,500,000
Total2,602,055
Source of funds
General fund96,750
Federal funds 2,505,305
Total2,602,055

Sec. 66. Military - air service contract

Personal services2,235,958
Operating expenses 556,000
Total2,791,958
Source of funds
General fund205,000
Federal funds 2,586,958
Total2,791,958

Sec. 67. Military - building maintenance

Personal services448,173
Operating expenses 130,000
Total578,173
Source of funds
General fund578,173

Sec. 68. Labor and industry

Personal services3,330,000
Operating expenses 805,000
Total4,135,000
Source of funds
General fund720,240
Federal funds400,572
Special funds2,964,188
Interdepartmental transfer 50,000
Total4,135,000

Sec. 69. Criminal justice training council

Personal services509,267
Operating expenses 111,915
Total621,182
Source of funds
General fund96,375
Transportation fund339,807
Federal funds35,000
Special funds 150,000
Total621,182

Sec. 70. 20 V.S.A. 2355(f) is amended to read:

TAB(f) The council shall annually determine a base tuition rate which shall be charged to all students receiving training, other than in-service students receiving minimum basic training, through the council. The rate shall reflect:

TAB(1) actual costs for operation of the particular program offered;

TAB(2) prorated costs for general administration of the criminal justice training council; and

TAB(3) in the case of training conducted at any permanent training facility, the prorated cost for maintaining the facility.

TABThe method for determining the tuition rate shall be offered as a proposed rule by the council and shall be subject to the administrative procedure act.

Sec. 71. Liquor control - enforcement and licensing

Personal services1,014,840
Operating expenses 271,160
Total1,286,000
Source of funds
Enterprise funds1,286,000

TAB Of the above appropriation, $80,000.00 shall be used to purchase contract services to provide compliance checks and enforcement relating to sale of tobacco products to minors.

Sec. 72. Liquor control - administration

Personal services1,367,769
Operating expenses 725,404
Total2,093,173
Source of funds
Enterprise funds2,093,173

Sec. 73. Vermont racing commission

Personal services25,497
Operating expenses 7,701
Total33,198
Source of funds
General funds0
Special funds 33,198
Total33,198

Sec. 74. Secretary of state - elections and administration

Personal services432,145
Operating expenses 165,600
Total597,745
Source of funds
General fund371,670
Special funds130,455
Interdepartmental transfer 95,620
Total597,745

Sec. 75. Secretary of state - state archives

Personal services122,475
Operating expenses 29,597
Total152,072
Source of funds
General fund152,072

Sec. 76. Secretary of state - professional regulation

Personal services1,150,858
Operating expenses 440,142
Total1,591,000
Source of funds
Special funds1,591,000

Sec. 77. Secretary of state - corporations

Personal services139,092
Operating expenses 48,500
Total187,592
Source of funds
General fund187,592

Sec. 78. Medical practice board

Personal services373,321
Operating expenses 62,164
Total435,485
Source of funds
Special funds435,485

Sec. 79. Banking, insurance, securities, and health care administration - administration

Personal services377,482
Operating expenses 13,000
Total390,482
Source of funds
Special funds390,482

Sec. 80. Banking, insurance, securities, and health care administration - banking

Personal services860,148
Operating expenses 314,700
Total1,174,848
Source of funds
Special funds1,174,848

Sec. 81. Banking, insurance, securities, and health care administration - insurance

Personal services2,040,858
Operating expenses 493,000
Total2,533,858
Source of funds
Special funds2,533,858

Sec. 82. Banking, insurance, securities, and health care administration - securities

Personal services 260,317
Operating expenses 96,558
Total 356,875
Source of funds
Special funds 356,785

Sec. 83. Banking, insurance, securities, and health care administration - captive

Personal services827,555
Operating expenses 217,636
Total1,045,191
Source of funds
Special funds1,045,191

TAB The establishment of one (1) permanent classified position - Examiner III - is authorized in fiscal year 1998, which shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 84. Banking, insurance, securities, and health care administration - health care administration

Personal services1,280,059
Operating expenses 265,800
Total1,545,859
Source of funds
General fund503,572
Special funds 1,042,287
Total1,545,859

Sec. 85. Public safety - state police

Personal services 21,027,419
Operating expenses4,296,063
Grants517,625
Other 101,001
Total 25,942,108
Source of funds
General fund4,545,767
Transportation fund 18,126,544
Federal funds1,752,365
Special funds776,442
Interdepartmental transfer 740,990
Total 25,942,108

TABOf the above appropriation, $938,000.00 shall be expended for police cruisers of which at least 40 shall be new full-sized vehicles for field duty work; $62,000.00 shall be expended for radios for the field force; and $22,000.00 shall be available for snowmobile law enforcement activities.

Sec. 86. STATE'S ATTORNEYS INVESTIGATORS

TAB (a) The two remaining positions of State's Attorneys Investigator in the Department of State's Attorneys and Sheriffs are abolished in satisfaction of position reductions allocated to the Department by the Agency of Administration. The incumbent State's Attorneys Investigators are hereby transferred to the Department of Public Safety into vacant positions. The incumbent investigators shall be assigned by the Department of Public Safety to the State's Attorneys Office in which they are currently employed and shall report to and be supervised by the State's Attorney. These positions shall be classified service positions of the classified pay plan within the Department of Public Safety. The incumbent investigators shall be sworn law enforcement officers of the Department of Public Safety, so long as they maintain Rule 32 compliance, having the same powers as sheriffs in criminal matters and enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment. These incumbent investigators shall not be members of the Division of State Police. These incumbents shall be provided theopportunity to transfer to Group B of the Vermont State Retirement System upon satisfaction of financial terms deemed appropriate by the Vermont State Retirement Board. When the transferred investigators vacate their positions, the position or positions shall be converted to provide investigative services to the Department of State's Attorneys and Sheriffs.

TAB(b) The provisions of this section supersede the provisions relating to the transfer of State's Attorneys Investigators in Sec. 87 of Act No. 178 of the Acts of 1996.

Sec. 87. Public safety - criminal justice services

Personal services2,450,522
Operating expenses2,552,458
Grants 888,074
Total5,891,054
Source of funds
Transportation fund2,671,346
Federal funds2,412,632
Special funds282,313
Interdepartmental transfer 524,763
Total5,891,054

Sec. 88. Public safety - emergency management

Personal services702,397
Operating expenses292,898
Grants354,365
Other 155,407
Total1,505,067
Source of funds
General fund136,513
Transportation fund70,062
Federal funds962,616
Special funds 335,876
Total1,505,067

Sec. 89. Agriculture, food and markets - administration

Personal services526,461
Operating expenses80,186
Grants 273,871
Total880,518
Source of funds
General fund669,675
Special funds58,372
Interdepartmental transfer 152,471
Total880,518

Sec. 90. Agriculture, food and markets - agriculture development

Personal services407,729
Operating expenses118,157
Other 170,750
Total696,636
Source of funds
General fund352,136
Federal funds13,750
Special funds 330,750
Total696,636

Sec. 91. Agriculture, food and markets - animal and dairy

Personal services1,192,861
Operating expenses223,716
Grants 54,492
Total1,471,069
Source of funds
General fund971,569
Federal funds485,000
Special funds 14,500
Total1,471,069

Sec. 92. Agriculture, food and markets - plant industry, labs and consumer assurance

Personal services1,495,201
Operating expenses345,477
Grants 75,000
Total1,915,678
Source of funds
General fund501,225
Transportation fund43,082
Federal funds319,833
Special funds1,006,149
Interdepartmental transfer 45,389
Total1,915,678

Sec. 93. Agriculture - state stipend

Grants25,000
Source of funds
Interdepartmental transfer25,000

TAB The funds appropriated in this section shall be transferred from the department of tourism and marketing.

Sec. 94. REPEAL

TAB 31 V.S.A. 617(a) (state stipend fund) is repealed.

Sec. 95. Agriculture - mosquito control

Grants92,000
Source of funds
Special funds92,000

Sec. 96. Public service - regulation and energy

Personal services2,645,257
Operating expenses631,779
Grants 885,000
Total4,162,036
Source of funds
Federal funds1,190,197
Special funds 2,971,839
Total4,162,036

Sec. 97. Public service - purchase and sale of power

Personal services6,972
Operating expenses 299
Total7,271
Source of funds
Special funds7,271

Sec. 98. Enhanced 9-1-1 board

Personal services3,370,202
Operating expenses 132,985
Total3,503,187
Source of funds
General fund200,000
Special funds 3,303,187
Total3,503,187

TAB$200,000.00 of the above appropriation shall be transferred to the department of public safety for public safety answering point operations in fiscal year 1998. These funds shall be expended on costs solely attributable to public safety answering point operations as determined in a formal agreement between the department and the enhanced 911 board.

Sec. 99. Public service board

Personal services1,504,378
Operating expenses 270,000
Total1,774,378
Source of funds
Special funds1,774,378

Sec. 100. Judiciary

Personal services15,291,934
Operating expenses 2,623,060
Other 2,000
Total 17,916,994
Source of funds
General fund 13,579,883
Transportation fund2,926,073
Federal funds16,900
Interdepartmental transfer 1,394,138
Total 17,916,994

TAB The conversion of nine (9) temporary positions - Court Officer - to permanent full-time status is authorized in fiscal year 1998.

TABNot more than $40,000.00 of the above appropriation shall be utilized to fund Sheriff’s Service of Relief From Abuse (RFA) orders.

TAB Salary increases provided for Magistrates in H.537 shall be funded from the appropriation in Sec. 15 of that act.

Sec. 101. Statutory revision commission

Operating expenses14,473
Source of funds
General fund14,473

Sec. 102. Center for justice research

Grants62,500
Source of funds
General fund12,500
Federal funds 50,000
Total62,500

TAB The Vermont center for justice research is designated as the state's instrumentality to receive the above federal funds.

Sec. 103. Human rights commission

Personal services 171,774
Operating expenses 28,566
Total 200,340
Source of funds
General fund 199,036
Special funds 1,304
Total 200,340

Sec. 104. Vermont radiological emergency response plan fund

Other300,000
Source of funds
Special funds300,000

Sec. 105. Vermont fire service training council

Personal services 297,752
Operating expenses 191,548
Total 489,300
Source of funds
Special funds346,000
Transportation fund 35,000
Interdepartmental transfer 108,300
Total 489,300

Sec. 106. REPEAL (Expiration of fire service training council insurance payment)

TABThe following sections are repealed:

TAB(1) Sec. 2 of No. 87 of the Acts of 1993.

TAB(2) Sec. 29a of No. 186 of the Acts of 1996.

Sec. 106a. COMPREHENSIVE TRAINING PLAN

TAB It is the intent of the legislature to achieve the most effective and efficient use of the state’s training resources for emergency services providers through consolidation of efforts by the state’s training organizations. The secretary of administration shall propose a plan to accomplish this intent after consultation with a study committee convened by the secretary to review the organization and funding of training for emergency services providers in the state of Vermont. The members of the committee shall include the secretary or designee and department heads or their designees from the criminal justice training and fire service training councils and the departments of public safety, health, fish and wildlife, personnel, finance and management, and corrections. The committee shall determine the most effective and efficient use of the state’s training resources for these organizations and their client populations, and shall formally recommend an organization and funding structure to accomplish that use to the administration on or before October 1, 1997. The secretary shall forward the committee’s recommendations, and any associated statutory, budgetary, and organizational changes to the House and Senate Committees on Appropriations and Government Operations prior to January 7, 1998.

Sec. 107. Total protection to persons and property 113,308,187

Source of funds
General fund 37,770,776
Transportation fund 26,302,253
Federal funds16,298,473
Special funds 25,142,309
Enterprise funds3,379,173
Interdepartmental transfer 4,415,203
Total 113,308,187

Sec. 108. Human services - agency of human services - central office

Personal services2,908,760
Operating expenses866,754
Grants 5,378,765
Total 9,154,279
Source of funds
General fund 3,957,648
Federal funds4,057,690
Special funds977,703
Interdepartmental transfer 161,238
Total 9,154,279

TAB Of the above grants appropriation, $60,000.00 shall be used to fund one (1) limited service Legal Aid attorney that shall be hired for fiscal year 1998 to work on SSI eligibility determinations for children.

Sec. 109. Human services board

Personal services186,587
Operating expenses 15,800
Total202,387
Source of funds
General fund80,584
Federal funds94,003
Interdepartmental transfer 27,800
Total202,387

Sec. 110. Corrections - administration

Personal services1,176,217
Operating expenses303,639
Grants 1,295,999
Total2,775,855
Source of funds
General fund1,527,402
Federal funds 1,248,453
Total2,775,855

TAB Vermont correctional industries is authorized to develop prison industry enhancement projects, as permitted in the Federal Justice Assistance Act of 1984 (P.L. 98-473). No appropriation is authorized for these purposes.

Sec. 110a. Sec. 113 of No. 178 of the Acts of 1996, as amended by Sec. 25 of No. 2 of the Acts of 1997, is further amended to read:

Sec. 113. Corrections - administration

Personal services1,128,8241,128,824
Operating expenses158,639158,639
Grants347,546347,546
Other __________ 250,000
Total *[1,635,009]* 1,885,009
Source of funds
General fund1,335,0091,335,009
Federal funds300,000300,000
Special funds _________ 250,000
Total *[1,635,009]* 1,885,009

TABVermont correctional industries is authorized to develop prison industry enhancement projects, as permitted in the Federal Justice Assistance Act of 1984 (P.L. 98-473). No appropriation is authorized for these purposes. Vermont correctional industries shall not expand into an existing market unless the commissioner has consulted with the offender work programs board and has evaluated the impact of the expansion on the existing market.

TABNotwithstanding 32 V.S.A. 588(4), the funds appropriated from the Windsor school fund shall carry forward and be available in fiscal year 1998.

Sec. 110b. ESTABLISHMENT OF THE WINDSOR SCHOOL SPECIAL FUND

TABThere is hereby authorized the Windsor school special fund to be utilized solely for site remediation at the Windsor school site. The fund shall receive all receipts from the settlement of insurance claims and any other claims. The commissioner of finance and management may authorize expenditures from the fund in anticipation of receipts. Expenditures from the fund shall be limited to $250,000.00 and shall be managed by the department of corrections.

TABIn accordance with the excess receipts provision in Sec. 252 of this act, and with the approval of the emergency board, the secretary of administration may authorize an expenditure limit greater than $250,000.00.

Sec. 111. Corrections - parole board

Personal services149,842
Operating expenses 64,866
Total214,708
Source of funds
General fund214,708

Sec. 112. Corrections - corrections services

Personal services 33,867,694
Operating expenses 10,073,443
Grants 130,000
Total 44,071,137
Source of funds
General fund 42,009,270
Transportation fund1,343,011
Federal funds394,481
Special funds305,875
Interdepartmental transfer 18,500
Total 44,0071,137

TAB Of the above general fund appropriation, $50,000.00 shall be used to replicate the family preservation and literacy program that is now in existence at the St. Johnsbury correctional facility.

Sec. 113. Corrections - correctional facilities special fund

Personal services107,340
Operating expenses 276,900
Total384,240
Source of funds
Special funds384,240

Sec. 113a. PILOT PROJECT; CASE MANAGEMENT; BENNINGTON COUNTY

TABA pilot program is hereby authorized, to encourage the citizens of Bennington County to assist the department of corrections in case management of offenders, and to ensure that offenders repair the harm done to victims and the damage done to the community. The commissioner of corrections shall report to the general assembly by January 15, 1998 on progress.

Sec. 114. Corrections - correctional education

Personal services1,527,565
Operating expenses 318,930
Total1,846,495
Source of funds
General fund1,616,495
Interdepartmental transfer 230,000
Total1,846,495

Sec. 115. Corrections - Vermont Correctional Industries

Personal services860,276
Operating expenses 538,600
Total1,398,876
Source of funds
Enterprise funds1,398,876

Sec. 116. Developmental disabilities council

Personal services103,895
Operating expenses29,963
Grants 268,548
Total402,406
Source of funds
Federal funds402,406

Sec. 117. Health - administration and support

Personal services1,672,099
Operating expenses 947,175
Total2,619,274
Source of funds
General fund1,214,702
Federal funds1,357,706
Special funds21,866
Interdepartmental transfer 25,000
Total2,619,274

Sec. 118. Health - health protection

Personal services2,450,211
Operating expenses560,172
Grants 30,000
Total3,040,383
Source of funds
General fund1,898,776
Federal funds888,607
Special funds180,000
Interdepartmental transfer 73,000
Total3,040,383

Sec. 119. Health - health surveillance

Personal services4,239,204
Operating expenses1,375,361
Grants 1,755,985
Total7,370,550
Source of funds
General fund3,180,136
Federal funds3,306,514
Special funds833,900
Interdepartmental transfer40,000
Expendable trust 10,000
Total7,370,550

TABOf the above general fund appropriation $200,000.00 shall be allocated for services to persons living with HIV/AIDS in every county provided by AIDS services organizations through the AIDS Services Program.

Sec. 119a. HIV/AIDS MEDICATION ASSISTANCE PROGRAM

TAB The secretary of human services is directed to develop and adopt rules governing the eligibility for assistance under the HIV/AIDS Medication Assistance Program (AMAP), on or before December 31, 1997. These rules will establish eligible income levels based on "net available income." These rules shall define a Vermont residency requirement. Until rules are promulgated, no individual receiving assistance from the AMAP on the effective date of this act shall be denied assistance. In promulgating these rules substantial weight will be given to the recommendations made by the AMAP Advisory Committee of the Vermont Aids Consortium.

TABThe secretary shall immediately notify the joint fiscal committee at any time there areinsufficient funds in AMAP to assist all eligible individuals.

Sec. 120. Health - health improvement

Personal services2,801,004
Operating expenses534,567
Grants 3,853,442
Total7,189,013
Source of funds
General fund2,060,325
Federal funds4,619,501
Special funds503,187
Interdepartmental transfer 6,000
Total7,189,013

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

TAB$15,000.00 of the above funds shall be granted to the Vermont Kidney Association.

Sec. 121. Health - community public health

Personal services7,217,038
Operating expenses1,024,054
Grants2,428,845
Other 6,300,000
Total16,969,937
Source of funds
General fund3,069,166
Federal funds13,629,796
Special funds154,600
Interdepartmental transfer 116,375
Total16,969,937

Sec. 122. Health - alcohol and drug abuse programs

Personal services1,707,050
Operating expenses382,778
Grants 5,992,685
Total8,082,513
Source of funds
General fund2,903,627
Federal funds4,662,936
Special funds415,950
Interdepartmental transfer 100,000
Total8,082,513

Sec. 123. Social welfare - administration

Personal services22,296,227
Operating expenses11,703,361
Grants 5,999,432
Total39,999,020
Source of funds
General fund13,256,491
Federal funds23,731,130
Special funds 3,011,399
Total39,999,020

TABThe department shall continue its pilot program to eliminate fraud in Bennington and Windham counties.

Sec. 124. Social welfare - aid to needy families with children

Grants 55,135,231
Source of funds
General fund 19,692,899
Federal funds32,972,332
Special funds 2,470,000
Total 55,135,231

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

Sec. 125. Social welfare - aid to aged, blind and disabled

Grants11,031,564
Source of funds
General fund11,031,564

TABNotwithstanding any other provision of law, the department of social welfare shall pay monthly state-funded Aid to the Aged, Blind and Disabled (AABD) benefits to individuals who received federal Supplemental Security Income (SSI) benefits or the related AABD state supplement as residents of the state of Vermont on August 22, 1996, and for whom these benefits are subsequently terminated solely as a result of their not being United States citizens, as required by the enactment of federal welfare reform (Public Law 104-193). Eligibility for such benefits is dependent on these individuals remaining residents of the state of Vermont, on a continuous basis, subsequent to August 22, 1996, and their remaining continuously eligible for such benefits based on a determination of income, resources, and other eligibility factors using the department of social welfare’s Medicaid rules for persons whose eligibility is based on their relationship to the SSI program. The benefit paid to such individuals shall be the difference betweentheir countable income determined in accordance with the aforementioned Medicaid rules and the maximum SSI/AABD benefit for their living arrangement provided, however, that no such noncitizen shall receive less benefits under Medicaid rules than he or she would have received under SSI or AABD if he or she were a citizen of the United States.

TABNotwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the department of social welfare, during calendar year 1997, may disburse the aforementioned state-funded AABD benefits without having filed or adopted rules beforehand. The secretary of human services shall, in accordance with 3 V.S.A. chapter 25 and no later than January 1, 1998, adopt rules relating to the eligibility criteria for and disbursement of monthly state-funded Aid to the Aged, Blind and Disabled (AABD) benefits to individuals who received federal Supplemental Security Income (SSI) benefits or the related AABD state supplement as residents of the state of Vermont on August 22, 1996, and for whom these benefits are subsequently terminated solely as a result of their not being United States citizens. Such rules may establish reasonable requirements for individuals who would otherwise qualify for these benefits to seek and achieve United States citizenship including, if such requirements are established, the responsibility for the department to assist such individuals in this regard by making referrals to appropriate public or private agencies.

Sec. 126. Social welfare - Medicaid

Grants286,139,405
Source of funds
General fund69,306,436
Federal funds178,575,251
Special funds 38,257,718
Total286,139,405

HIV/AIDS HEALTH INSURANCE ASSISTANCE PROGRAM

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

TAB(b) 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.

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

TAB(d) Expenditures under this program shall not exceed $55,000.00 in fiscal year 1998.

Sec. 127. Social welfare - general assistance

Grants 3,599,919
Source of funds
General fund 3,363,598
Federal funds236,320
Special funds 1
Total 3,599,919

TAB $57,400.00 of the above appropriation shall cover federal funding reductions made to McKinney grant recipients by the U.S. Department of Housing and Urban Development in its April 8, 1997 NOFA.

TABIt is the policy of the state of Vermont, with the full involvement of community based organizations, to provide comprehensive services for a continuum of care for the homeless at the community level. In subsequent years the state will, together with community service organizations, identify and secure funding from available resources, such as other federal grants, the local community, and state and local government, in order to replace the McKinney grant funds affected by the April 8, 1997 NOFA.

Sec. 128. Social welfare - food stamp cash out

Grants5,534,621
Source of funds
Federal funds5,534,621

Sec. 129. Social welfare - home heating fuel assistance/LIHEAP

Personal services118,000
Operating expenses50,000
Grants 5,629,476
Total5,797,476
Source of funds
Special funds5,797,476

Sec. 130. Social welfare - home heating fuel assistance/LIHEAP

TAB (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 1998, and all unexpended LIHEAP funds granted to the state in fiscal year 1997, 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.

TAB(b) For the purposes of a crisis set aside, seasonal home heating fuel assistance through December 31, 1997, 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 1997-1998 crisis set aside and seasonal home heating fuel assistance through December 31, 1997, and LIHEAP funds awarded as of December 31, 1997, for fiscal year 1998 do not exceed $2,550,000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 1998. 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, 1997 the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

Sec. 130a. 33 V.S.A. 2604(c)(1) is amended to read:

TAB(1) Households for which the cost of heat is supplied by the landlord shall be deemed to pay no annual home heating fuel costs, but effective with the first home heating fuel assistance benefit paid after July 1, 1996, and during subsequent home heating fuel assistance program years, such households shall be eligible for a nominal annual home heating fuel assistance benefit of $10.00, which benefit shall be paid via a two-party check to the household and its supplier of primary heating fuel or its landlord. Residents of a household who pay room rent are household subunits and shall not be considered separate households for purposes of the home heating fuel assistance program. Such subunits of larger households may receive home heating fuel assistance only as members of the larger household *[.]* , with the exception of payers of room rent who received a fuel assistance benefit for the 1995-1996 program year and all subsequent program years based on their roomer status, who are not members of a household that is receiving home heating fuel assistance benefits in the current program year, who are receiving food stamp benefits and have done so continuously since the 1995-1996 program year, and who have applied for a home heating assistance benefit for the current year. Households who are paying room rent and meet all of the aforementioned criteria shall be eligible to receive a nominal annual home heating fuel assistance benefit of $10.00 in program years in which LIHEAP funding is used for payments made under the home heating fuel assistance program and food stamp program rules require that the maximum standard utility allowance be made available to households that receive benefits under the Low Income Energy Assistance Act of 1981.

Sec. 131. THE ADOPTION OF SOCIAL WELFARE RULES

TAB (a) The secretary of human services 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 social welfare may be implemented by July 1, 1997. Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the agency of human services may file prior to and adopt, effective July 1, 1997, all rules necessary to do the following:

TAB(1) Implement ANFC policy changes and collection of criminal conviction data as specified in this act;

TAB(2) Exempt all individuals domiciled in the state of Vermont from the implementation of Sec.115(a) of P.L. 104-193 through June 30, 1998;

TAB(3) Establish the co-payment for fiscal year 1998 for which eligible recipients of pharmaceutical assistance to elderly and disabled Vermonters (VScript) are responsible;

TAB (4) Increase monthly ANFC benefits by two percent; including making adjustments to the ANFC combined basic need standards, the ANFC housing allowance maximums, and the proportion (ratable reduction) of these standards and maximums that is paid in monthly ANFC benefits;

TAB (5) For families that apply for ANFC benefits after June 30, 1998, and have not been residents of the state of Vermont for at least 12 consecutive months immediately preceding their application for ANFC, pay monthly ANFC benefits that are reduced by 10 percent which represents the difference between Vermont’s typical maximum ANFC benefit for a household of three and the average of the typical maximum ANFC benefits of all New England states and New York as of January 1, 1997. Application of the above percentage reduction to the family’s ANFC monthly benefit will continue until the family has been a resident of the state of Vermont for 12 consecutive months.

TAB(b) 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 only such publication, notice, and public input as is deemed adequate and feasible by thesecretary of human services. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A 842, except that its action shall be completed within 15 days or June 26, 1997, whichever is sooner. Rules so adopted may be effective as soon as four days after adoption and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25 and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. 843 and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.

Sec. 132. Office of economic opportunity

Personal services559,046
Operating expenses169,803
Grants 7,985,105
Total8,713,954
Source of funds
General fund200,410
Federal funds4,031,009
Special funds4,176,035
Interdepartmental transfer 306,500
Total8,713,954

Sec. 133. Office of child support services

Personal services4,013,944
Operating expenses2,570,769
Other 2,195,000
Total8,779,713
Source of funds
General fund1,065,516
Federal funds5,965,810
Special funds 1,748,387
Total8,779,713

Sec. 134. Social and rehabilitation services - administrative and support services

Personal services1,525,475
Operating expenses 207,362
Total1,732,837
Source of funds
General fund786,780
Federal funds 946,057
Total1,732,837

Sec. 135. Social and rehabilitation services - disability determination services

Personal services1,855,281
Operating expenses 513,808
Total2,369,089
Source of funds
Federal funds1,969,089
Interdepartmental transfer 400,000
Total2,369,089

Sec. 136. Social and rehabilitation services - social services

Personal services10,749,204
Operating expenses1,630,177
Other 34,226,743
Total 46,606,124
Source of funds
General fund20,228,280
Federal funds 25,476,444
Special funds 901,400
Total 46,606,124

Sec. 137. Social and rehabilitation services - Woodside juvenile rehabilitation center

Personal services1,544,649
Operating expenses 230,561
Total1,775,210
Source of funds
General fund1,757,460
Interdepartmental transfer 17,750
Total1,775,210

Sec. 138. Social and rehabilitation services - child care services

Personal services927,545
Operating expenses250,975
Grants 19,261,499
Total 20,440,019
Source of funds
General fund 7,522,273
Transportation75,000
Federal funds 12,842,746
Total 20,440,019

TAB The division of child care services shall not impose a cap on the number of child care fee scale slots.

TAB $500,000.00 of the above appropriation shall be utilized to establish an income disregard for eligibility for fee scale child care. The secretary of human services shallestablish rules in an expedited process as outlined below to determine the appropriate income disregard for FY 98.

TAB(a) The secretary of human services is authorized to adopt rules under the expeditious rulemaking procedures provided in this section in order that the changes in fee scale child care may be implemented by August 1, 1997. Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the agency of human services may file prior to and adopt, effective August 1, 1997, all rules as may be necessary.

TAB(b) 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 only such publication, notice, and public input as is deemed adequate and feasible by the secretary of human services. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A. 842, except that its action shall be completed within 15 days of the filing of the final proposal. Rules so adopted may be effective as soon as five days after adoption and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25 and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. 843 and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.

Sec. 139. Developmental and mental health services - central office

Personal services1,376,074
Operating expenses 282,959
Total1,659,033
Source of funds
General fund812,399
Federal funds 846,634
Total1,659,033

Sec. 140. Developmental and mental health services - community mental health

Personal services1,294,654
Operating expenses100,442
Grants44,464,149
Other 137,200
Total45,996,445
Source of funds
General fund16,081,744
Federal funds26,371,084
Special funds2,405,257
Interdepartmental transfer 1,138,360
Total45,996,445

Sec. 140a. 18 V.S.A. 8911 is amended to read:

8911. POWERS OF THE COMMISSIONER

TAB(a) If the commissioner after discussion with the board of a community mental health agency determines that the local community services plan required by section 8908 of this chapter is inadequate to meet the needs of mentally ill, mentally retarded persons or children and adolescents with a severe emotional disturbance in accordance with the provisions of chapter 2 of Title 3 in the area served by a mental health agency or that an agency has, for reasons other than lack of resources, failed or refused to implement an otherwise adequate plan he shall take one or more of the following steps:

TAB(1) offer technical assistance to the agency;

TAB(2) actively seek out and designate another agency to provide the needed services;

TAB(3) directly provide or arrange the needed services if it appears that the services will not otherwise be available within a reasonable period of time. The remedies specified in this subsection shall be in addition to any other rights and remedies which are available to the commissioner under state or federal law.

TAB(b) *[No]* Until May 1, 1998, no agency which has been designated as a community mental health agency may lose its designation without first being provided with noticeand an opportunity for hearing in accordance with the provisions of sections 809-813 of Title 3. After May 1, 1998, no agency may lose its designation except in accordance with new rules adopted for that purpose under the provisions of this subsection. Notwithstanding any other provisions to the contrary in chapter 25 of Title 3, the commissioner shall, in consultation with the designated provider system and consumer groups, develop proposed rules setting forth the standards and procedures for designation, redesignation and loss of designation, and provide for six months’ notice of intent to revoke an agency’s designation. The proposed rules shall also provide standards with measurable performance-based criteria and a streamlined appeals process. On or before December 31, 1997, the commissioner shall file and hold public hearings on the proposed rules as provided in sections 838, 839 and 840 of Title 3 in accordance with chapter 25 of Title 3. The commissioner shall file the final proposed rules with the general assembly on or before January 15, 1998. Unless disapproved by act of the general assembly on or before April 1, 1998, the commissioner may adopt the rules by filing with the secretary of state, which rules shall take effect on May 1, 1998.

TAB(c) The board of directors of a community mental health agency will be given a six month notice of any intent on the part of the commissioner to terminate its designated status. The commissioner shall provide a written notice which outlines the performance based rationale associated with such intent. The board of directors shall have six months to review the commissioner’s stated concerns and implement a corrective action plan. The board of directors shall also be informed, in writing, of current standards and procedures regarding appeal processes.

Sec. 141. Developmental and mental health services - developmental services

Personal services2,185,666
Operating expenses331,552
Grants54,579,439
Other 81,340
Total57,177,997
Source of funds
General fund21,992,447
Federal funds34,438,671
Special funds356,092
Interdepartmental transfer 390,787
Total57,177,997

TAB Funds under this section shall be available to provide medically-necessary behavioral personal assistance, including Assistance with Activities of Daily Living and Supervision (ADL), to children with emotional, behavioral, and cognitive disabilities within the DDMH home and community based waiver. The Agency of Human Services shall promulgate final regulations to be effective no later than December 1, 1997 and interim procedures effective July 1, 1997 establishing service eligibility criteria and guidelines for service coverage.

TABThe Agency of Human Services shall meet with affected parties to examine the status and implementation of EPSDT Medicaid provisions for children with emotional, behavioral, and cognitive disabilities, and report to the legislature by January 15, 1998.

Sec. 142. [DELETED]

Sec. 143. Developmental and mental health services - Vermont state hospital

Personal services8,444,709
Operating expenses995,444
Grants 81,341
Total9,521,494
Source of funds
General fund3,270,514
Federal funds5,900,980
Special funds 350,000
Total9,521,494

TAB The department of developmental and mental health services (DDMHS) shall include personal assistant and peer support services for the individuals at risk of hospitalization. The restructuring of the mental health system shall include consumers assisting in the design of their own treatment plans and shall include services provided by peers.

Sec. 144. Aging and disabilities - administration and support

Personal services7,912,600
Operating expenses 1,533,800
Total9,446,400
Source of funds
General fund2,316,832
Federal funds6,974,568
Special funds 155,000
Total9,446,400

TAB 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. 145. Aging and disabilities - vocational rehabilitation

Grants4,531,737
Other 200,000
Total4,731,737
Source of funds
General fund1,131,745
Federal funds3,499,992
Special funds 100,000
Total4,731,737

Sec. 146. Aging and disabilities - blind and visually impaired

Grants1,005,161
Other 25,000
Total1,030,161
Source of funds
General fund272,106
Federal funds641,155
Special funds 116,900
Total1,030,161

Sec. 147. Aging and disabilities - division of advocacy and independent living

Grants 7,396,029
Other 1,944,104
Total 9,340,133
Source of funds
General fund 3,480,300
Transportation fund522,000
Federal funds5,287,833
Interdepartmental transfer 50,000
Total 9,340,133

TAB Personal care attendants are exempt under 21 V.S.A. 342 and shall not be construed as state employees except for purposes of 21 V.S.A. chapter 17.

TABOf the above appropriation, $105,000.00 shall be used to institute a base rate of $6.25 for attendants effective July 6, 1997; and a rate of $7.00 per hour for attendants employed over six months on March 29, 1998.

Sec. 148. Children's trust fund

Grant343,828
Source of funds
General fund109,748
Federal funds231,280
Special funds 2,800
Total343,828

TAB 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. 149. Governor's commission on women

Personal services149,547
Operating expenses 24,251
Total173,798
Source of funds
General fund168,798
Special funds 5,000
Total173,798

Sec. 150. Retired senior volunteer program

Grants99,000
Source of funds
General fund99,000

Sec. 151. Disabled and needy veterans

Personal services1,800
Operating expenses900
Grants 27,300
Total30,000
Source of funds
General fund30,000

Sec. 152. Vermont veterans' home - care and support services

Personal services7,558,775
Operating expenses 1,789,618
Total9,348,393
Source of funds
General fund938,357
Federal funds2,625,090
Special funds 5,784,946
Total9,348,393

Sec. 153. Vermont association for blind and visually impaired, inc.

Grants23,000
Source of funds
General fund23,000

Sec. 154. Independence fund

Grants11,273
Source of funds
General fund1
Interdepartmental transfer 11,272
Total11,273

TAB Notwithstanding other provisions of Act No. 160 of the Acts of 1996 (Adjourned Session) or other provisions of chapter 61 of Title 33, up to $100,000.00 of the redirected funds in fiscal year 1998 shall be directed to the independence fund to be used for grants which have matching funds equivalent to that of Medicaid and are consistent with the purposes of and the time frame of Act No. 160. Proposals shall be received by September 1, with recommendations submitted to the secretary within 30 days thereafter.
Sec. 155. Total human services 752,308,927

Source of funds
General fund 262,671,537
Transportation fund1,940,011
Federal funds 413,760,189
Special funds69,415,732
Interdepartmental transfer3,112,582
Enterprise funds1,398,876
Expendable trust 10,000
Total 752,308,927

Sec. 156. Employment and training

Personal services14,988,838
Operating expenses6,847,723
Grants 3,464,464
Total25,301,025
Source of funds
General fund265,815
Federal funds22,016,214
Special funds96,996
Interdepartmental transfer 2,922,000
Total25,301,025

Sec. 157. Education - core and financial services

Personal services1,747,292
Operating expenses 282,587
Total2,029,879
Source of funds
General fund1,457,419
Transportation fund6,134
Federal funds564,137
Interdepartmental transfer 2,189
Total2,029,879

Sec. 158. Education - school and instructional support

Personal services2,748,558
Operating expenses789,759
Grants 11,306,054
Total 14,844,371
Source of funds
General fund 4,206,201
Transportation fund633,798
Federal funds9,477,627
Special funds394,462
Interdepartmental transfer 132,283
Total 14,844,371

Sec. 158a. APPROPRIATION; REDUCTION

TABThe commissioner is directed to reduce the general fund appropriation by a total of $223,000.00 from, at the commissioner’s discretion, anywhere within the education department budget. Such reduced funds may be replaced by federal funds.

Sec. 159. Education - family and education support

Personal services1,396,701
Operating expenses548,662
Grants 43,385,781
Total 45,331,144
Source of funds
General fund 5,271,768
Special funds20,800
Federal funds40,006,238
Interdepartmental transfer 32,338
Total 45,331,144

Sec. 160. Education - special education: formula grants

Grants36,633,430
Source of funds
General fund36,633,430

TAB Notwithstanding the provisions of 16 V.S.A. 2967 or any other provisions of law,the total expenditures made by the state in fiscal years 1998 and 1999 for the reimbursement of applicable fiscal year 1998 expenses pursuant to 16 V.S.A. 2967 shall not exceed $39,960,446.00. Any funds unexpended as of June 30, 1998, shall be carried over and be added to the funds available to the department of education to spend in fiscal year 1999 for reimbursement of fiscal year 1998 expenses pursuant to 16 V.S.A. 2967. Funds distributed to school districts for fiscal year 1998 expenses but to which the school district was not entitled based on the final reports for fiscal year 1998 shall not be considered as part of the total expenditures for fiscal year 1998 under the above dollar limit. Such funds held by the local school district shall be treated as expenditures in fiscal year 1999.

TAB Notwithstanding the provisions of 16 V.S.A. 2963(c)(3), for the reimbursement of intensive services expenditures incurred in fiscal year 1998, the special education intensive services reimbursement rate is adjusted to provide a 55 point spread.

Sec. 160a. SUPERVISORY UNION BLOCK GRANT

TAB Notwithstanding 2961 of Title 16, in fiscal year 1998, the block grant for supervisory union #61 (Barre City/Barre Town/Spaulding High School) shall be computed as if the two separate supervisory unions #4 and #58 still existed.

Sec. 161. SCHOOL DISTRICT AID REIMBURSEMENT

TAB Notwithstanding the provisions of 16 V.S.A. 2962, for fiscal year 1998 any Vermont school district may apply to the commissioner of education for 100 percent extraordinary aid reimbursement. To qualify for 100 percent reimbursement, a district must meet one of the following criteria:

TAB(1) any Vermont school district with an average daily membership, as defined in 16 V.S.A. 3441, of 1,000 students or more and which has enrolled more than three students at the Austine school for the deaf and hard-of-hearing may receive extraordinary services reimbursement equal to 100 percent of all expenditures for special education for those additional students, in excess of three, who are placed at the Austine school for the deaf and hard-of-hearing.

TAB(2) any Vermont school district with an average daily membership, as defined in 16 V.S.A. 3441, of 999 students or less and which has enrolled more than two students at the Austine school for the deaf and hard-of-hearing may receive extraordinary services reimbursement equal to 100 percent of all expenditures for special education for those additional students, in excess of two, who are placed at the Austine school for the deaf and hard-of-hearing.

TAB(3) upon request by a school district, the commissioner of education shall provide a form with which the district can apply for 100 percent extraordinary services reimbursement as defined in subdivisions (1) and (2) of this section. Applications must be completed and returned to the commissioner by August 15, 1998 for eligible expenditures incurred in fiscal year 1998.

Sec. 162. EDUCATION - SPECIAL EDUCATION: SUCCESS BEYOND SIX

TAB General 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 that are at risk of failure in school. The services are to be supplied through contract 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. 163. Education - wards of the state

Grants5,800,000
Source of funds
General fund5,800,000

Sec. 163a. Sec. 167a of No. 178 of the Acts of 1996 is amended to read:

Sec. 167a. Education - wards of the state

Grants *[6,921,820]* 7,371,820
Source of funds
General fund *[4,600,000]* 5,050,000
Special funds 2,321,820 2,321,820
Total *[6,921,820]* 7,371,820

Sec. 163b. Sec. 30(c) of Act No. 157 of 1996 is amended to read:

TAB (c) 16 V.S.A. 1075(d) and 2948(d) shall be repealed on July 1, 1997 *[, provided that the Joint Fiscal Committee certifies, before July 1, 1997, that the General Assembly, in addition to other funds appropriated for special education, has appropriated funds sufficient to pay the education costs incurred by state-placed students under Sec. 11 of this act for fiscal year 1998]* .

Sec. 163c. Sec. 31(c) and (d) of Act No. 157 of 1996 are amended to read:

TAB (c) Secs. 23-27 of this act shall take effect on July 1, 1997 *[provided that the Joint Fiscal Committee certifies, before July 1, 1997, that the General Assembly, in addition to other funds appropriated for special education, has appropriated funds sufficient to pay the education costs incurred by state-placed students under Sec. 11 of this act for fiscal year 1998]* .

TAB *[(d) Secs. 28 and 29 of this act shall take effect on July 1, 1997 unless the Joint Fiscal Committee certifies, on or before July 1, 1997, that the General Assembly, in addition to other funds appropriated for special education, has appropriated funds sufficient to pay the education costs incurred by state-placed students under Sec. 11 of this act for fiscal year 1998.]*

Sec. 164. Education - career and lifelong learning

Personal services1,046,038
Operating expenses248,640
Grants 11,516,714
Total12,811,392
Source of funds
General fund7,657,998
Federal funds4,693,472
Special funds176,935
Interdepartmental transfer 282,987
Total12,811,392

TAB The appropriations in this section shall be authorized notwithstanding 16 V.S.A. 1561, 1563, 1565, 1566 and 1567.

Sec. 165. Education - adult basic education

Grants2,851,880
Source of funds
General fund2,201,696
Federal funds 650,184
Total2,851,880

Sec. 166. Education - general state aid to local school districts

Grants 154,250,000
Source of funds
General fund 154,250,000
*[Transportation funds]* *[675,000]*
Total154,250,000

Sec. 167. FOUNDATION AID

TAB In accordance with 16 V.S.A. 3493, the following parameters shall be used in calculating foundation aid in fiscal year 1998:

TAB(1) The foundation cost per pupil for an elementary student shall be $4,645.00.

TAB(2) The base foundation tax rate to be used under 16 V.S.A. 3495(a) shall be $1.48339.

Sec. 168. EDUCATION - MINIMUM, MAXIMUM

TAB Notwithstanding 16 V.S.A. 3497(a) and (f), for fiscal year 1998 the minimum aid grant per pupil of weighted long-term membership shall be $50.00 and the maximum loss amount per pupil of unweighted long-term membership shall be $150.00.

Sec. 169. EDUCATION - BIENNIAL VALUES

TAB Notwithstanding any other provision of law, beginning January 1, 1992, the commissioner of taxes shall determine the aggregate fair market value and the coefficient of dispersion of all taxable property biennially, instead of annually.

Sec. 170. Education - construction interest aid

Grants220,000
Source of funds
General fund220,000

Sec. 171. Education - licensing

Personal services179,634
Operating expenses81,100
Grants 136,150
Total396,884
Source of funds
Special funds396,884

Sec. 172. State teachers' retirement system

Personal services 5,862,086
Operating expenses120,437
Grants 18,080,000
Total 24,062,523
Source of funds
General fund18,080,000
Retirement trust fund 5,982,523
Total 24,062,523

TAB Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of annual contributions to the Vermont state teachers' retirement system shall be $18,080,000.00 in fiscal year 1998.

TAB 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 continuationof salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO.

Sec. 173. University of Vermont

Grants 27,320,035
Source of funds
General fund 27,320,035

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

Sec. 174. University of Vermont - Morgan horse farm

Grants1
Source of funds
General fund1

Sec. 175. Vermont educational television

Grants 550,000
Source of funds
General fund 550,000

Sec. 176. Vermont state colleges

Grants 15,455,500
Source of funds
General fund 15,455,500

TABThe 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.

TABOf the above appropriation, $100,000.00 shall be reserved for use as the state's fiscal year 1998 contribution toward the creation of an endowment fund for the Vermont state colleges. The state's funds are to serve as a challenge match to enhance the state colleges'ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 1998 appropriation will be the second of five appropriations through fiscal year 2001 totaling $500,000.00. The conditions of this challenge match are that the state colleges are required to raise $3.00 for each dollar appropriated by the state. A method for accounting for the state colleges' share shall be agreed to between the state colleges and the commissioner of finance and management. If the state colleges raise their share, $300,000.00, of the initial three-to-one match, then the initial $100,000.00 state appropriation for this purpose shall be transferred to the state colleges' endowment fund under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. Subsequent appropriations of $100,000.00 also shall be transferred to the state colleges as the state colleges successfully raise additional endowment increments of $300,000.00. By June 30, 2001, any remaining state appropriations designated for the state colleges' endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.

Sec. 177. Vermont state colleges - practical nursing schools

Grants463,155
Source of funds
General fund463,155

Sec. 178. Vermont interactive television

Grants725,000
Source of funds
General fund725,000
Transportation fund 0
Total725,000

Sec. 179. Vermont student assistance corporation

Grants 12,367,758
Source of funds
General fund 12,367,758

TAB Not less than 99 percent of grants shall be used for direct student aid.

Sec. 180. New England higher education compact

Operating expenses70,095
Source of funds
General fund70,095

Sec. 180a. Act No. 178 of the Acts of 1996 is amended by striking out Sec. 189a in its entirety.

Sec. 180b. EDUCATION COMMISSION OF THE STATES

Operating expenses 39,600
Source of funds
General fund39,600

Sec. 181. Total general education 355,999,647

Source of funds
General fund 292,546,656
Transportation fund 639,932
Federal funds55,391,658
Special funds989,081
Retirement trust fund 5,982,523
Interdepartmental transfer 449,797
Total 355,999,647

Sec. 182. Natural resources - agency of natural resources - administration, management and planning

Personal services1,992,528
Operating expenses1,146,949
Grants10,000
Other 10,000
Total3,159,477
Source of funds
General fund1,779,939
Federal funds107,118
Special funds620,585
Interdepartmental transfer 651,835
Total3,159,477

Sec. 183. Connecticut river watershed advisory commission

Other28,000
Source of funds
General fund19,000
Federal funds 9,000
Total28,000

Sec. 184. Citizens' advisory committee on Lake Champlain's future

Other5,000
Source of funds
General fund5,000

Sec. 185. Natural resources - state land local property tax assessment

Operating expenses957,009
Source of funds
General fund508,442
Transportation fund218,567
Interdepartmental transfer 230,000
Total957,009

Sec. 186. Environmental conservation - commissioner's office

Personal services495,435
Operating expenses 72,175
Total567,610
Source of funds
General fund202,880
Federal funds283,755
Special funds 80,975
Total567,610

Sec. 187. Environmental conservation - environmental assistance

Personal services946,291
Operating expenses166,648
Grants100,000
Other 13,000
Total1,225,939
Source of funds
General fund155,313
Federal funds400,755
Special funds 669,871
Total1,225,939

Sec. 188. Environmental conservation - office of air and waste management

Personal services3,434,478
Operating expenses795,838
Grants518,737
Other 10,000
Total4,759,053
Source of funds
General fund561,408
Transportation fund37,635
Federal funds1,999,730
Special funds 2,160,280
Total4,759,053

Sec. 189. Environmental conservation - office of water resources

Personal services6,386,870
Operating expenses1,154,568
Grants934,482
Other 40,000
Total8,515,920
Source of funds
General fund2,725,738
Transportation fund169,655
Federal funds2,814,182
Special funds2,460,295
Interdepartmental transfer 346,050
Total8,515,920

Sec. 190. Environmental conservation - various environmental special funds

Other4,532,796
Source of funds
Special funds4,532,796

Sec. 191. Fish and wildlife - support and field services

Personal services6,650,798
Operating expenses3,662,839
Grants200,000
Other 150,000
Total10,663,637
Source of funds
Fish and wildlife fund10,438,637
Interdepartmental transfer 225,000
Total10,663,637

Sec. 191a. FISH AND WILDLIFE - LAND ACQUISITION; CARRY FORWARD AUTHORITY

TABNotwithstanding Sec. 67 of Act No. 2 of 1997, funds appropriated in Sec. 202 of Act No. 178 of 1996 shall carry forward and be available to the department for the purposes of land acquisition and habitat improvement in fiscal year 1998.

Sec. 192. 23 V.S.A. 3106(d) is amended to read:

TAB(d) Since many nonresidents and residents drive to outdoor areas of Vermont in order to view our natural resources, to hunt and fish and to use our natural resources for other healthful recreational purposes, it is the policy of this state that a portion of the gasoline tax shall be dedicated for the purpose of conserving and maintaining our natural resources. Therefore, *[one-quarter]* beginning in fiscal year 1998, three-eighths of one cent of the tax collected under subsection (a) of this section shall be transferred 76 percent to the fish and wildlife fund and 24 percent to the department of forests, parks and recreation for natural resource management. Of the funds deposited in the fish and wildlife fund, the interest earned by deposited funds and all funds remaining at the end of the fiscal year shall remain in the fish and wildlife fund. *[This subsection shall terminate June 30, 1997.]*

Sec. 193. Forests, parks and recreation - administration

Personal services 907,478
Operating expenses218,876
Grants 543,000
Total 1,669,354
Source of funds
General fund 822,654
Federal funds415,400
Special funds321,500
Interdepartmental transfer 109,800
Total 1,669,354

Sec. 194. Forests, parks and recreation - forest highway maintenance

Personal services2,539
Operating expenses346,000
Grants 200,000
Total548,539
Source of funds
Transportation fund548,539

Sec. 195. Forests, parks and recreation - forestry

Personal services3,205,454
Operating expenses408,450
Grants 155,000
Total3,768,904
Source of funds
General fund2,179,104
Federal funds848,500
Special funds411,000
Interdepartmental transfer 330,300
Total3,768,904

Sec. 196. Forests, parks and recreation - rural community fire protection

Other19,000
Source of funds
Federal funds19,000

Sec. 197. Forests, parks and recreation - senior community service employment

Personal services36,000
Operating expenses 2,000
Total38,000
Source of funds
Federal funds38,000

Sec. 198. Forests, parks and recreation - state parks

Personal services3,214,152
Operating expenses1,498,000
Grants 285,000
Total4,997,152
Source of funds
Special funds4,997,152

Sec. 199. Forests, parks and recreation - youth conservation corps

Personal services168,225
Operating expenses29,950
Grants 300,000
Total498,175
Source of funds
Special funds125,175
Interdepartmental transfer 373,000
Total498,175

Sec. 200. Forests, parks and recreation - snowmobile trails program

Personal services11,500
Grants 378,500
Total390,000
Source of funds
Special funds390,000

Sec. 201. Environmental board and district commissions - Act 250

Personal services1,460,882
Operating expenses158,376
Other 125,000
Total1,744,258
Source of funds
General fund877,466
Transportation fund0
Special funds 866,792
Total1,744,258

Sec. 202. Environmental board and district commissions - waste facilities panel

Personal services82,500
Operating expenses 17,500
Total100,000
Source of funds
Special funds100,000

Sec. 203. Water resources board

Personal services191,929
Operating expenses 35,902
Total227,831
Source of funds
General fund227,831

Sec. 204. Green up

Other8,036
Source of funds
Special funds8,036

Sec. 205. Total natural resources 48,423,690

Source of funds
General fund 10,064,775
Transportation fund974,396
Federal funds6,935,440
Fish and wildlife fund10,438,637
Special funds17,744,457
Interdepartmental transfer 2,265,985
Total 48,423,690

Sec. 206. Commerce and community development - agency of commerce and community development - administration and management planning

Personal services688,186
Operating expenses152,000
Grants90,000
Other 2,000
Total932,186
Source of funds
General fund693,528
Transportation fund148,658
Federal funds 90,000
Total932,186

Sec. 206a. INFRASTRUCTURE PROGRAM STUDY

TAB The Secretary of Commerce and Community Development shall by January 1998 develop and present to the general assembly a proposal to establish a program for municipalities to access funds for the development of parking and other infrastructure projects to support downtown economic development. The study shall establish criteria to enable municipalities to apply for grants, noninterest bearing loans or loan guarantees or other such instruments necessary to obtain such funds. Those criteria shall provide anopportunity for all eligible municipalities with needs linked to a specific downtown economic development project to apply.

Sec. 207. Housing and community affairs

Personal services1,683,733
Operating expenses242,621
Grants 2,182,497
Total4,108,851
Source of funds
General fund957,547
Federal funds1,743,504
Special funds 1,407,800
Total4,108,851

Sec. 208. Historic sites operations

Personal services353,461
Operating expenses 278,400
Total631,861
Source of funds
General fund287,252
Special funds 344,609
Total631,861

Sec. 209. Community development block grants

Grants8,347,010
Source of funds
Federal funds8,347,010

Sec. 210. Economic development

Personal services607,043
Operating expenses324,958
Grants 1,216,400
Total 2,148,401
Source of funds
General fund 1,955,701
Special funds 192,700
Total 2,148,401

TAB Subject to the approval of the secretary of the agency of commerce and community development, of the above appropriation, up to $200,000.00 shall be transferred to EPSCoR for the purpose of compliance with matching fund requirements necessary for the receipt of available federal or private funds or both.

TABThe establishment of one (1) permanent classified position - Economic Policy Analyst - is authorized in fiscal year 1998, which shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 210a. 7 V.S.A. 2(15) is amended to read:

TAB(15) "Manufacturer's or rectifier's license": the liquor control board may grant to a manufacturer or a rectifier a license to manufacture or rectify, as the case may be, malt beverages and vinous beverages for export and for sale to bottlers or wholesale dealers, and the liquor control board may grant to a manufacturer or a rectifier a license to manufacture or rectify, as the case may be, spirituous liquors for export and for sale to the liquor control board, upon application of such manufacturer or rectifier and the payment to the liquor control board of the license fee of $150.00 for either license. The liquor control board may grant to a licensed manufacturer or rectifier a first class restaurant or cabaret license or first and third class restaurant or cabaret license permitting the licensee to sell alcoholic beverages to the public only at the manufacturer's premises. A manufacturer of malt beverages who also holds a first class restaurant or cabaret license may serve to a customer malt beverages by the glass, not to exceed eight glasses at one time and not to exceed four ounces in each glass. The liquor control board may grant to a licensed manufacturer or a rectifier of malt beverages a second class license permittingthe licensee to sell alcoholic beverages to the public only at the manufacturer's or rectifier's premises provided that such beverages were manufactured or rectified on the premises. Upon application and payment of the license fee of $50.00, the liquor control board may grant to a licensed manufacturer or rectifier of vinous beverages up to four fourth class licenses permitting the licensee to sell such beverages by the bottle to the public at the licensed premises provided that such beverages were produced by fermentation by the manufacturer or rectifier *[and 75 percent of all vinous beverages sold at licensed premises were made from Vermont grown fruit]* in Vermont . However, in no case may a person with an interest in more than one manufacturer's or rectifier's license have an interest in more than four fourth class licenses. The manufacturer or rectifier shall pay directly to the commissioner of taxes, the sum of twenty-six and one-half cents per gallon for every gallon of malt beverage and the sum of fifty-five cents per gallon for each gallon of vinous beverage manufactured by the manufacturer or rectifier and provided for sale pursuant to the first class license or the second class license or the fourth class license or combination thereof held by the manufacturer or rectifier. Holders of a manufacturer's or rectifier's second class or fourth class license may distribute, without charge, malt or vinous beverages by the glass, not to exceed two ounces per product and eight ounces in total, to all persons having attained the age of majority, which must be consumed upon the premises of the holder of the license. At the request of a person holding a first class or second class license, a holder of a manufacturer's or rectifier's license may distribute without charge to the management and staff of the license holder, provided they are of legal drinking age, no more than four ounces per person of a malt beverage or two ounces per person of a vinous beverage for the purpose of promoting the beverage. Written notice shall be provided to the department of liquor control at least 10 days prior to the date of the tasting.

Sec. 210b. TEMPORARY FESTIVAL PERMIT

TAB(a) Notwithstanding the provisions of 7 V.S.A. 2(29), a festival permit holder for a festival to be held in the Town of Stowe during the summer of 1997, who satisfies all other requirements set forth in 7 V.S.A. 2(29) may purchase invoiced volumes of vinous beverages directly from a manufacturer, importer, or bottler, provided the manufacturer, importer, or bottler either holds a Federal Basic Permit or a Brewers Notice or evidence of licensure in a foreign country, satisfactory to the board, whichever applies.

TAB(b) This section shall be repealed on September 1, 1997.

Sec. 211. Vermont training program (VTP)

Personal services53,422
Operating expenses5,778
Grants 372,800
Total 432,000
Source of funds
General fund 385,000
Special funds 47,000
Total 432,000

Sec. 212. Government marketing assistance center

Personal services125,030
Operating expenses 96,367
Total221,397
Source of funds
General fund80,699
Federal funds 140,698
Total221,397

Sec. 213. Tourism and marketing

Personal services1,274,848
Operating expenses1,850,378
Grants 514,046
Total 3,639,272
Source of funds
General fund 3,604,422
Special funds 34,850
Total3,639,272

TAB Of the above appropriation, $10,000.00 shall be used to further research, produce, and distribute brochures on the Vermont underground railroad.

Sec. 214. Information centers

Personal services1,722,949
Operating expenses 411,412
Total2,134,361
Source of funds
Transportation fund2,113,861
Special funds 20,500
Total2,134,361

TAB The establishment of eight (8) new limited service classified positions - Vermont Travel Representative I - is authorized in fiscal year 1998, which shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 215. Vermont Life

Personal services500,000
Operating expenses 185,000
Total685,000
Source of funds
Enterprise funds685,000

Sec. 216. Vermont economic development authority

Grants 634,577
Source of funds
General fund 634,577

Sec. 217. Vermont council on the arts

Grants470,000
Source of funds
General fund470,000

Sec. 218. Vermont symphony orchestra

Grants90,000
Source of funds
General fund90,000

Sec. 219. Vermont historical society

Grants210,000
Source of funds
General fund210,000

Sec. 220. Vermont housing and conservation

TABtrust fund
Grants14,351,671
Source of funds
Federal funds8,908,166
Special funds 5,443,505
Total14,351,671

Sec. 221. Vermont council on the humanities

Grants25,000
Source of funds
General fund25,000

Sec. 221a. STUDY OF CERTIFIED CAPITAL COMPANIES

TABThe secretaries of administration and commerce and community development shall conduct a study of certified capital companies, tax credits that could be used to attractcapital to such companies, the potential of such companies to meet venture capital needs of potential and existing businesses, and the economic development benefits that the increased availability new venture capital would have on Vermont. The findings of the study shall be presented to a joint hearing of the House Commerce and Ways and Means Committees and the Senate Finance and General Affairs and Housing Committees no later than November 15, 1997.

Sec. 222. Total commerce and community development 39,061,587

Source of funds
General fund 9,393,726
Transportation fund2,262,519
Federal funds19,229,378
Special funds7,490,964
Enterprise funds 685,000
Total 39,061,587

Sec. 223. TRANSPORTATION

TAB 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.

TAB 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. 224. Transportation board

Personal services80,468
Operating expenses 11,827
Total92,295
Source of funds
Transportation fund92,295

Sec. 225. Transportation - administration

Personal services4,791,483
Operating expenses 838,907
Total5,630,390
Source of funds
Transportation fund5,425,389
Federal funds 205,001
Total5,630,390

Sec. 226. Transportation - maintenance state system

Personal services20,356,485
Operating expenses18,047,471
Other - land, structures, improvements 25,000
Total38,428,956
Source of funds
Transportation fund32,428,956
Federal funds 6,000,000
Total38,428,956

Sec. 227. Transportation - paving program

Other37,615,707
Source of funds
Transportation fund7,965,707
Federal funds29,600,000
Local match 50,000
Total37,615,707

Sec. 228. Transportation - engineering and construction

Personal services18,141,511
Operating expenses3,143,099
Other 38,689,449
Total59,974,059
Source of funds
Transportation fund11,260,184
Federal funds47,803,959
Local match 909,916
Total59,974,059

TAB Notwithstanding any other provision of law, of the above appropriation for "Other", $5,020,000.00 shall be allocated for the construction of rest areas by the department of buildings and general services with oversight provided by the deputy secretary of administration. Of the $5,020,000.00 allocated, $501,999.00 shall be from the transportation fund for the state matching requirements with the remaining $4,518,001.00 coming from federal funding sources.

Sec. 229. Transportation - planning

Personal services4,575,959
Operating expenses694,058
Grants 2,120,000
Total7,390,017
Source of funds
Transportation fund1,692,340
Federal funds 5,697,677
Total7,390,017

Sec. 230. Transportation - rail, air and public - transportation

Personal services1,626,680
Operating expenses341,120
Grants6,260,654
Other 18,206,252
Total 26,434,706
Source of funds
Transportation fund 10,712,866
Federal funds 15,721,840
Total26,434,706

Sec. 231. Transportation - central garage revolving fund

Personal services2,024,474
Operating expenses 5,360,050
Total7,384,524
Source of funds
Internal service funds7,384,524

Sec. 232. Transportation - town highway grants

Grants21,252,000
Source of funds
Transportation fund21,252,000

TAB The above appropriation shall be authorized, notwithstanding 19 V.S.A. 306(a).

Sec. 233. Transportation - town highway bridges

Other13,308,841
Source of funds
Transportation fund3,891,460
Federal funds8,494,375
Local match 923,006
Total13,308,841

Sec. 234. Transportation - town highways - class 1 supplemental

Grants125,000
Source of funds
Transportation fund125,000

Sec. 235. Transportation - town highways - emergency fund

Other750,000
Source of funds
Transportation fund750,000

TABOf the above, the sum of $200,000.00 shall be used by the agency of transportation to match the town of Wolcott’s contribution of $37,513.00 to the non-federal share of repairing highways and bridges in the town of Wolcott damaged in the August 1995 flood. Should the non-federal share exceed $237,513.00, then any amount of the non-federal share in excess of $237,513.00 will be the sole responsibility of the town of Wolcott.

Sec. 236. Transportation - town highways - bridge and culvert

Other2,250,000
Source of funds
Transportation fund2,250,000

Sec. 237. Transportation - Vermont local roads program

Other260,000
Source of funds
Transportation fund150,000
Federal funds 110,000
Total260,000

Sec. 238. Transportation - town highways - two for one match (class 2 resurfacing)

Other3,625,000
Source of funds
Transportation fund3,625,000

Sec. 239. Department of motor vehicles

Personal services8,374,024
Operating expenses4,284,905
Grants 121,338
Total12,780,267
Source of funds
Transportation fund12,428,767
Federal funds 351,500
Total12,780,267

Sec. 240. REPEAL

TAB 23 V.S.A. 304b (b)(2) and 381(b), (c) and (d) (motor vehicle registration plate revolving fund) are repealed.

Sec. 241. Total transportation 237,071,762

Source of funds
Transportation fund 113,819,964
Federal funds 113,984,352
Local match1,882,922
Internal service funds 7,384,524
Total 237,071,762

Sec. 242. Debt service - general

Interest
Temporary borrowing 3,682,000
Bonded debt 23,562,552
Total interest 27,244,552
Principal
State of Vermont
Series XXI1,400,000
Series XXII2,110,500
Series XXX2,085,000
Series XXXI2,920,000
Series XXXII730,260
Series XXXIII4,512,000
Series XXXIV1,285,000
Series XXXV930,955
Series XXXVI1,720,000
Series XXXVII6,845,000
Series XXXVIII575,000
Series XXXIX4,800,500
Series XL1,000,000
Series XLI4,068,014
Series XLII3,160,000
Series XLIII1,250,000
Series XLIV2,000,000
Series XLV 790,000
Total principal42,182,229
Total debt service 69,426,781
Source of funds
General fund 69,265,607
Special funds 161,174
Total 69,426,781

Sec. 242a. Sec. 253 of Act No. 178 of the Acts of 1996 as amended by Sec. 60 of Act No. 2 of the Acts of 1997, is further amended to read:

Sec. 60 Debt service - general

Interest
Temporary borrowing *[4,710,000]* 4,230,000
Bonded debt22,762,242 22,762,242
Total interest *[27,472,242]* 26,992,242
Principal
State of Vermont
Series XX400,000400,000
Series XXI1,400,0001,400,000
Series XXII2,110,5002,110,500
Series XXIX1,150,0001,150,000
Series XXX2,085,0002,085,000
Series XXXI2,920,0002,920,000
Series XXXII545,316545,316
Series XXXIII4,512,0004,512,000
Series XXXIV3,605,0003,605,000
Series XXXV990,488990,488
Series XXXVI1,735,0001,735,000
Series XXXVII3,405,0003,405,000
Series XXXVIII555,000555,000
Series XXXIX4,800,5004,800,500
Series XLI4,068,0144,068,014
Series XLII3,160,0003,160,000
Total principal37,441,81837,441,818
Total debt service*[64,914,060]*64,434,060
Source of funds
General fund *[64,914,060]* 64,434,060

Sec. 243. Debt service - transportation

Interest 1,350,804
Principal
Series XXII400,000
Series XXIII589,500
Series XXVIII15,000
Series XXIX188,000
Series XXX75,000
Series XXXI765,000
Series XXXII380,000
Series XXXIII45,000
Series XXXIV199,500
Series XXXV101,986
Total principal2,758,986
Total debt service4,109,790
Source of funds
Transportation fund4,109,790

Sec. 244. Debt service - lease purchase payments

Operating expenses 2,680,787
Source of funds
Special funds 2,680,787

Sec. 245. Debt service - job zones

Operating expenses 80,823
Source of funds
General fund 80,823

Sec. 246. Total debt service 76,298,181

Source of funds
General fund 69,346,430
Transportation fund 4,109,790
Special funds 2,841,961
Total 76,298,181

Sec. 247. MISCELLANEOUS ACTS OF THE 1997 SESSION

TAB Amounts are hereby appropriated in accordance with the provisions of all house and senate bills which may be enacted by the 1997 session of the general assembly.

Sec. 248. APPROPRIATION; FEDERAL FUNDS; PUBLIC SERVICE

DEPARTMENT RECEIPTS

TAB All monies received from the United States government are appropriated to the purposes specified in the Acts of Congress under which those payments are made to the State of Vermont. The commissioner of finance and management may anticipate receipts from the United States government, and from the gross revenue tax fund and from the sales of power by the public service department and issue warrants based thereon. Anticipated receipts shall be credited to the proper account when received.

Sec. 249. RELATIONSHIP TO CERTAIN EXISTING LAWS

TAB This act shall not be construed in any way to negate or impair the full force and effect of existing laws relating to taxation and the disposition of funds raised thereby, the appraisal of electric plants, lawful rebates from the state treasury, laws relating to unorganized towns and gores, laws relating to trust funds for which the state is trustee or beneficiary, laws relating to care and regulation of state institutions and property, and laws relating to the state agricultural land grant funds.

Sec. 250. OFFSETTING APPROPRIATIONS

TAB In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated.

Sec. 251. FEDERAL FUNDS

TAB (a) In fiscal year 1998, the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal funds available to the State of Vermont including block grants in lieu of or in addition to funds herein designated as federal. The governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made.

TAB(b) If during fiscal year 1998 federal funds available to the State of Vermont, and designated as federal in this and other acts of the 1997 session of the Vermont general assembly, are converted into block grants or are abolished under their current title in federal law, and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated. The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval. Notice shall be given to the joint fiscal committee without delay if the governor is intending to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval.

Sec. 252. EXCESS RECEIPTS

TAB If any receipts including federal receipts exceed the appropriated amounts, the receipts may be allocated and expended on the approval of the secretary of administration. If, however, the expenditure of those receipts will establish or increase the scope of the program, which establishment or increase will at any time commit the state to the expenditure of state funds, they may only be expended upon the approval of the legislature. Excess federal receipts, whenever possible, shall be utilized to reduce the expenditure of state funds. The secretary of administration shall report to the joint fiscal committee within the first week of each quarter with a cumulative list and explanation of the allocation and expenditure of such excess receipts.

Sec. 253. ENTERPRISE AND INTERNAL SERVICE FUNDS

TAB The fiscal year 1999 executive budget proposal submitted to the legislature by the governor shall include proposed appropriations for all expenditures from enterprise and internal service funds, except, notwithstanding 32 V.S.A. 462, those directly resulting from the demand for products or services. Based on the needs of the programs, the commissioner of finance and management may change authorized spending limits during the course of the year, and may anticipate receipts for enterprise and internal service funds.

Sec. 254. 32 V.S.A. 436 is added to read:

436. INTERFUND BORROWING

TABNotwithstanding any provisions of law, the state treasurer, with the approval of the governor, may borrow from any funds heretofore or hereafter created by the legislature such available amounts as he or she may determine to be necessary or desirable for the purpose of defraying the expenses of government, including the payment of notes issued for such purposes. Such borrowing may be only made during the period commencing 15 business days prior to the end of the state's fiscal year and ending 15 business days after the end of the state's fiscal year. During the period commencing with the first day of the state's succeeding fiscal year and ending on a date not more than 15 business days thereafter, the state treasurer shall transfer to any such fund from which such initial borrowing has been made an amount equal to such borrowed amount, together withinterest thereon at such rate as the state treasurer in his or her sole discretion shall determine.

Sec. 255. DEPARTMENTAL RECEIPTS

TAB (a) All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds:

TABAgriculture - agriview publication

TABAgriculture - dairy markets development and products promotion

TABAgriculture - lab testing

TABAgriculture - Vermont dairy promotion council

TABAgriculture - agricultural events

TABAgriculture - licenses and fees

TABConnecticut River flood control

TABCorrections - corrections services

TABDevelopmental and mental health services - receipts from Medicare and Medicaid

TABEmployment and training - apprenticeship training textbook sales

TABEmployment and training - reach-up program match

TABEnvironmental conservation - laboratory fees

TABForests, parks and recreation - donations

TABForestry - sale of nursery stock

TABGovernor's commission on women - newspaper advertising and subscription sales

TABHealth - asbestos fees

TABHealth - Blue Cross/Blue Shield payment for flu vaccines

TABHealth - contributions and donations

TABHealth - data processing and statistical data

TABHealth - education and promotion services

TABHealth - fees for chief medical examiner supervision of UVM students

TABHealth - foreign travel vaccination fees

TABHealth - hospital data council fees

TABHealth - inmate dental exams

TABHealth - newborn screening

TABHealth - reimbursement for public health nurses

TABHealth - third party reimbursements

TABHealth - laboratory fees

TABHuman services - division of rate setting

TABHuman services - donations

TABMilitary - armory sales and armory rentals

TABOffice of child support - collections

TABPublic safety - state telecommunications network charges

TABPublic service department - sale of power

TABRehabilitation and aging - Medicaid attendant services

TABSocial and rehabilitation services - foster care support collections

TABSocial and rehabilitation services - receipts from clients, persons or organizations for services rendered on behalf of individuals

TABSocial and rehabilitation services - fees from child care licensing and registration

TABSocial and rehabilitation services - fees from adoption services

TABSocial and rehabilitation services - Medicaid disability determination

TABSocial welfare - recoveries

TABSpecial education

TABTax department - unorganized towns and gores

TABVermont veterans' home

TABVictims' compensation fund - inmate labor contributions

TABWards of the state

TAB(b) Notwithstanding other provisions of law, departmental indirect cost recoveries (32 V.S.A. 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department. All recoveries not so authorized shall be covered into the general fund.

Sec. 256. NEW POSITIONS AND VACANT POSITIONS

TAB Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in

3 V.S.A. 311 (11), shall not be increased during fiscal year 1998, except for new positions authorized by the 1997 session of the general assembly. Positions in the department of employment and training, operating under the managing-to-payroll program, shall not be subject to this restriction, nor shall limited-service positions approved pursuant to 32 V.S.A. 5.

Sec. 257. LIMITED SERVICE POSITIONS

TAB (a) The commissioner of personnel may establish up to 30 limited service positions, not to exceed 10 in any one quarter, to meet the short-term supplemental staffing needs of the state. Consistent with the provisions for negotiating the impact of workweeks or schedules under the collective bargaining agreement, and with the approval of the commissioner of personnel, the appointing authority may prescribe, for such positions, full or part-time schedules and flexible work hours as is deemed appropriate. The authorized use of such positions shall be limited to:

TAB(1) providing for staffing needs expected to last less than three years, including, but not limited to, capital improvement and transportation projects; or

TAB(2) providing an ongoing fill-in capacity, in lieu of hiring temporary employees, in institutions or where it is deemed appropriate to provide coverage for temporary and intermittent absences of regular staff.

TAB(b) Such authorized limited service positions shall not be created until the appointing authority has certified to the secretary of administration that there exists equipment and housing for the positions.

TAB(c) The commissioner of personnel shall notify the joint fiscal office when such positions are established or abolished and shall report on their usage to the legislature by January 15 each year. Upon request of the commissioner of personnel, the joint fiscal committee may authorize the establishment of positions under this section in excess of 10 during any fiscal quarter.

Sec. 258. SPECIAL FUND ASSESSMENT

TAB In order that the programs supported by the special funds authorized by the laws of this state pay their fair share of the costs of administrating such programs, and their fair share of the burden of balancing the fiscal year 1998 budget, the secretary of administration shall transfer to the general fund not more than $1,000,000.00 from such special funds. The secretary may direct such rescissions in special fund programs as are necessary to carry out the purposes of this section.

TAB For the purposes of this section, the Vermont Municipal Employees’ Retirement System shall not be considered a special fund and the secretary of administration shall not transfer any funds from the system to the general fund.

Sec. 259. JOB TRAINING PARTNERSHIP ACT

TAB The commissioner of employment and training, as agent for the governor in accordance with the provisions of the Job Training Partnership Act (P.L. 97-300) is hereby authorized to accept federal grants provided for in the Job Training Partnership Act.

Sec. 260. TRANSFERS

TAB Notwithstanding Sec. 281(c) of Act No.63 of the Acts of 1995, for fiscal year 1998 the commissioner of taxes shall deposit all revenues received from the property transfer tax into the general fund. The commissioner of finance and management shall transfer in monthly installments from the property transfer tax revenues to the housing and conservation trust fund and the municipal and regional planning fund the following amounts:

TAB(1) $5,184,741.00 to the housing and conservation trust fund;

TAB(2) $1,828,442.00 to the municipal and regional planning fund.

TABNotwithstanding the appropriations set forth in 24 V.S.A. 4306(b), the following is appropriated from the municipal and regional planning fund:

TAB(A) $1,144,250.00 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. 4306(b)(3);

TAB(B) $200,000.00 for disbursement to municipalities on a competitive basisproviding the opportunity for any eligible municipality or municipalities to compete regardless of size;

TAB(C) $176,771.00 to the department of taxes for administration of the use tax reimbursement program;

TAB(D) $307,421.00 to GIS.

Sec. 260a. TRANSFER FROM THE INSURANCE RESERVE FUND-KAMP KILL

KARE STATE PARK REPAIRS

TABNotwithstanding 32 V.S.A. 135, an amount not to exceed $40,000.00 is transferred from the Insurance Reserve fund to the Department of Forests, Parks and Recreation, appropriation account 0606622702, as reimbursement for losses resulting from wind damage to the picnic shelter at Kamp Kill Kare State Park in St. Albans Bay.

Sec. 260b. 32 V.S.A. 308 is amended to read:

308. GENERAL FUND BUDGET STABILIZATION RESERVE; CREATION AND PURPOSE

TAB(a) It is the purpose of this section to reduce the effects of annual variations in state revenues upon the general fund budget of the state by reserving certain surpluses in general fund revenues that may accrue for the purpose of offsetting deficits or reducing general fund bonds.

TAB(b) There is hereby created a general fund budget stabilization reserve *[to be administered]* determined on a budgetary basis and administered by the commissioner of finance and management. Any budgetary basis undesignated general fund surplus occurring at the close of a fiscal year shall be reserved within the general fund budget stabilization reserve, provided that the balance reserved shall not exceed five percent of the appropriations from the general fund for the prior fiscal year, and any additional amounts as may be authorized by the general assembly. Any undesignated general fund surplus remaining after the general fund budget stabilization reserve has been brought to the maximum authorized level shall remain in the general fund. When the general assembly next meets, it may specifically appropriate the use of the undesignated general fund surplus for the reduction of general fund bonds authorized but yet to be issued by the treasurer, a reduction of revenues or for other needs as the general assembly may determine.

TAB(c) In any fiscal year *[in which]* if the general fund is found to have *[a]* an undesignated fund deficit, the general fund budget stabilization reserve shall be used by the commissioner of finance and management to the extent necessary to offset the undesignated fund deficit as determined by Generally Accepted Accounting Principles .

TAB(d) Determination of the amount of the undesignated general fund surplus or fund deficit in any fiscal year for the purposes of this section shall be made by the commissioner of finance and management. *[Adjustment may]* Adjustments shall be made to the *[transfers]* amounts authorized in subsections (b) and (c) of this section upon receipt of the final audited annual report of the commissioner of finance and management.

Sec. 260c. 32 V.S.A. 308a is amended to read:

308a. TRANSPORTATION FUND BUDGET STABILIZATION RESERVE; CREATION AND PURPOSE

TAB(a) It is the purpose of this section to reduce the effects of annual variations in state revenues upon the transportation fund budget of the state by reserving certain surpluses in transportation fund revenues that may accrue for the purpose of offsetting deficits or reducing transportation fund bonds.

TAB(b) There is hereby created a transportation fund budget stabilization reserve *[to be administered]* determined on a budgetary basis and administered by the commissioner of finance and management. Any budgetary basis undesignated transportation fund surplus occurring at the close of a fiscal year shall be reserved within the transportation fund budget stabilization reserve, provided that the balance reserved shall not exceed five percent of the appropriations from the transportation fund for the prior fiscal year, and any additional amounts as may be authorized by the general assembly. Any undesignated transportation fund surplus remaining after the transportation fund budget stabilization reserve has been brought to the maximum authorized level shall remain in the transportation fund. When the general assembly next meets, it may specifically appropriate the use of the undesignated transportation fund surplus for the reduction of transportation fund bonds authorized but yet to be issued by the treasurer, a reduction of revenues or for other needs as the general assembly may determine.

TAB(c) In any fiscal year *[in which]* if the transportation fund is found to have *[a]* an undesignated fund deficit, the transportation fund budget stabilization reserve shall be used by the commissioner of finance and management to the extent necessary to offsetthe undesignated transportation fund deficit as determined by Generally Accepted Accounting Principles .

TAB(d) Determination of the amount of the undesignated transportation fund surplus or fund deficit in any fiscal year for the purposes of this section shall be made by the commissioner of finance and management. *[Adjustment may]* Adjustments shall be made to the *[transfers]* amounts authorized in subsections (b) and (c) of this section upon receipt of the final audited annual report of the commissioner of finance and management.

Sec. 260d. GENERAL FUND TRANSFERS

TABNotwithstanding any other provisions of law, the fiscal year 1997 unreserved undesignated general fund balance as determined by the commissioner of finance and management on July 31, 1997, is hereby appropriated or transferred as follows:

TAB (a) First, an amount not to exceed $4,900,000.00 shall be transferred to the transportation budget stabilization reserve to bring the reserve to its statutory maximum and provide additional reserves to offset the anticipated fiscal year 1998 deficit;

TAB(b) Secondly, the necessary portion of the balance shall be transferred to the general fund budget stabilization reserve to attain its statutory maximum;

TAB(c) Thirdly, an amount not to exceed $7,000,000.00 shall be reserved for the education fund to support local funding of education;

TAB(d) Any remaining fund balance after (a), (b) and (c) above is hereby appropriated in fiscal year 1998 to reduce any authorized but unissued general obligation bonds.

Sec. 261. Sec. 276 of Act No.178 of the Acts of 1996 is amended to read:

TABSec. 276. ELECTED OFFICIALS; SALARIES

TABNotwithstanding 32 V.S.A. 1003(a), the governor *[and the lieutenant governor]* shall be compensated for services in the 1997 calendar year , and the lieutenant governor shall be compensated for services in the 1997 fiscal year, at the same rate of compensation provided during the 1991 calendar year.

Sec. 262. ELECTED OFFICIALS; SALARIES

TAB Notwithstanding 32 V.S.A. 1003(a), the incumbent governor shall be compensatedfor services in the 1998 calendar year at the same rate of compensation provided during the 1991 calendar year pluse an increase of not more than 5 percent.

Sec. 262a. 32 V.S.A. 704(e) (3) is amended to read:

TAB(3) appropriations for the salaries of *[constitutional officers]* elected officers of the executive department listed in subsection 1003(a) of this title .

Sec. 263. Sec. 10(a) of Act No.106 of the Acts of the 1994 is amended to read:

TAB(a) *[The secretary of human services shall randomly select up to eighty percent of the families receiving ANFC to be participating families for the purposes of this demonstration project. The remaining families shall be considered a control group. The secretary shall also randomly select three-fourths of the participating families to be subject to a work requirement in accordance with this section.]* Effective July 1, 1997, the secretary of human services shall require all families that apply for ANFC and have not previously been randomly selected to be participating families or families in the control group for the purposes of this demonstration project, to be participating families subject to a work requirement in accordance with this section. Subject to the provisions of this act, and provided that all services required by this act have been offered and are available when needed, a parent in a family subject to the work requirement shall obtain a full-time or half-time job as defined by the secretary by rule, and shall participate in continued education or training as necessary, in order to maintain continued eligibility to receive ANFC cash payments by mail or electronic transfer. The secretary shall establish by rule criteria for jobs that must be accepted if offered, including the criteria that each job must pay at least minimum wage. The work requirement shall be applied as follows:

* * *

Sec. 264. Sec. 10(a)(5) of Act No.106 of the Acts of 1994 is added to read:

TAB(5) Families that apply for ANFC on or after July 1, 1997, and have not resided in Vermont during the entire 12-month period immediately preceding their application for ANFC shall, if their work requirement would otherwise begin after 15 months' receipt of ANFC, be deemed to have received ANFC 10 months as of the date of their ANFC application for the purposes of the work requirement defined in this section and, if theirwork requirement would otherwise begin after 30 months' receipt of ANFC, be deemed to have received ANFC 25 months as of the date of their ANFC application for the purposes of this work requirement defined in this section. The 10 months' or 25 months' ANFC benefits which these families shall be deemed to have received shall not be eligible for the reductions provided for in subdivision (3) of this subsection.

Sec. 265. DEMONSTRATION PROGRAM

TAB The secretary of human services may create a demonstration program of state-local coordination of health care and social services for specified groups of elderly and disabled residents of two counties or similar regions. The secretary shall have discretionary authority to establish unifying policies or funding and to apply for federal waivers if necessary to meet the objectives of the project.

Sec. 266. IMPACT STUDY DATA COLLECTION

TAB The secretary of human services shall, by January 15, 1998, complete a report summarizing the results of a study that examines the incidence of migration into Vermont of persons who, within 12 months of establishing residence in Vermont, apply for assistance or services from a program administered by a department within the agency of human services, the degree to which such in-migration may have been affected by changes in federal law relating to means tested programs, the impact of changes in the federal Supplemental Security Income program on programs administered by the agency of human services, and the incidence of receipt of assistance from programs administered by the department of social welfare by persons convicted after August 22, 1996 of a felony involving possession, use, or distribution of a controlled substance, and the circumstances of such individuals.

TAB The secretary is authorized to collect such data as he or she deems necessary for the conduct of this study, including data that is not required for determination of eligibility or calculation of amount of assistance. Data collected for purposes of this study shall be used only in aggregate form and shall not be disclosed to anyone, except for purposes directly connected with the administration of programs from which the individuals have applied for or are receiving assistance or services, or when required by law.

TABNotwithstanding any other provision of law and unless otherwise prohibited by federal law, as a condition of receipt of assistance all applicants or recipients of assistance or benefits from the department of social welfare shall be required to provide information relating to the conviction, after August 22, 1996, of a felony involving the possession, use or distribution of a controlled substance of any member of a household for whom assistance or services would be provided.

TABNotwithstanding any other provision of law, the commissioner of social welfare may obtain from the Vermont Crime Information Center the record of convictions occurring after August 22, 1996, of any person to the extent that the commissioner has determined, according to criteria established by rule, that such information is necessary to confirm or refute that a felony conviction related to a controlled substance has occurred. The secretary shall forward this report to the House and Senate Committees on Appropriations and Health and Welfare.

Sec. 267. 3 V.S.A. 3086(a) is amended to read:

TAB(a) The administrative services division of the agency is created. It shall be administered by a director of administration and rate setting , who shall be in the classified service. The director shall also be the head of the division of rate setting pursuant to 33 V.S.A. 902(b).

Sec. 268. 33 V.S.A. 900(2) is amended to read:

TAB(2) "Director" or "director of rate setting" means the director of administration and rate setting.

Sec. 269. 33 V.S.A. 902(b) is amended to read:

TAB(b) The division shall be headed by a director of administration and rate setting, *[who shall be appointed by the secretary with the approval of the governor. The director shall serve at the pleasure of the secretary, and shall not be a member of the classified system of state employees]* appointed pursuant to 3 V.S.A. 3086 .

Sec. 270. 33 V.S.A. 903 is amended to read:

903. DIVISION, STAFF

TAB *[(a) The director of rate setting, with the approval of the secretary, shall have theauthority to employ and set the salary of the following employees, who shall not be members of the classified system of state employees:]*

TAB *[(1) an attorney at law]*

TAB *[(2) a certified public accountant or a registered public accountant]*

TAB *[(3) two auditors]*

TAB *[(b)]* The director, with the approval of the secretary, may employ *[other]* such professional and clerical personnel as are necessary for the implementation of this chapter. The director, with the approval of the secretary, may also enter into contracts with attorneys, private auditors, consultants, and registered or certified public accountants for additional services including auditing providers as may be necessary for the proper administration of this chapter.

Sec. 270a. 33 V.S.A. 904(a) is amended to read:

TAB(a) The director shall establish by rule procedures for determining payment rates for care of state-assisted persons to nursing homes and to such other providers as the secretary shall direct. *[The rates determined for nursing homes under this chapter shall reflect the objectives of this chapter and shall be reasonable and adequate to meet the costs which the director finds must be incurred by efficiently and economically operated facilities in order to provide care and services in conformity with applicable state and federal laws, regulations and quality and safety standards, subject to section 910 of this chapter.]* The secretary shall have the authority to establish rates that the secretary deems sufficient to ensure that the quality standards prescribed by section7117 of this title are maintained, subject to the provisions of section 906 of this title.

Sec. 270b. 33 V.S.A. 906(a) are amended to read :

TAB(a) The payment rate for each facility shall be the sum of its per diem allowance for each cost category , subject to such limitations, as the secretary shall prescribe by rule pursuant to section 907 of this title .

Sec. 270c. 33 V.S.A. 907(a) and (b) is amended to read:

TAB(a) The director shall establish payment limits *[for each cost category, or subdivisionthereof, which, for nursing homes, are]* consistent with the provisions of section 901 of this title to encourage the economic and efficient operation of nursing homes and other providers.

TAB(b) The payment *[limit established for the direct care cost category]* limits shall not act as a disincentive for nursing homes to address the assessed needs or improve the conditions of residents.

Sec. 270d. NURSING HOME MEDICAID STUDY

TABThe Secretary shall study the impact upon the Medicaid and general fund budgets of the current rebasing methodology and guaranteed annual inflation adjustments for nursing homes and study mechanisms for maximizing staff salaries. The study shall specifically analyze the growth in the nursing home budget over the last 10 years as compared to the budgets of other long-term care and home and community-based services supported by the general fund.

TABThe Secretary shall develop recommendations, including proposed legislation, for alternative reimbursement methodologies which promote quality of care while at the same time allowing for reasonable flexibility, and equity with other service providers, in the state budgeting process.

TABThe study and recommendations required by this section shall be submitted in a report to the general assembly on or before January 15, 1998.

TABNothing in the Joint Rules shall prohibit the General Assembly from reconsidering sections 270a, 270b, 270c of this act in the 1998 Adjourned Session.

Sec. 271. REPEAL

TAB (a) 32 V.S.A. 1003(b)(2)(A) (salary, director of rate setting) is repealed.

TAB(b) 33 V.S.A. 902(c) (division of rate setting, director) is repealed.

Sec. 271a. 33 V.S.A. 3302(e) is added to read:

TAB (e) Council members are authorized to receive per diem compensation from federal funds as specified in 32 V.S.A. 1010(b).

Sec. 271b. 33 V.S.A. 7102(11) is added to read:

TAB (11) "Assisted living residence" means a program which combines housing, health and supportive services for the support of resident independence and aging in place. Within a homelike setting, assisted living units offer, at a minimum, a private bedroom, private bath, living space, kitchen capacity, and a lockable door. Assisted living promotes resident self-direction and active participation in decision-making while emphasizing individuality, privacy and dignity.

Sec. 271c. 33 V.S.A. 7102(9) is amended to read:

TAB(9) "Facility" means a residential care home, maternity home, nursing home , assisted living residence or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter.

Sec. 271d. 33 V.S.A. 7103(a) is amended to read:

TAB(a) A person shall not operate a nursing home, maternity home , assisted living residence or therapeutic community residence without first obtaining a license.

Sec. 271e. 33 V.S.A. 7105(b) is amended to read:

TAB(b) In its discretion the licensing agency may issue a temporary license

permitting operation of a nursing home, assisted living residence, therapeutic community residence or maternity home for such period or periods and subject to such conditions as the licensing agency deems proper, but in no case shall a nursing home, assisted living residence, therapeutic community residence or maternity home operate under a temporary license or renewal thereof for a period exceeding thirty-six months.

Sec. 271f. 33 V.S.A. 7107(a) is amended to read:

TAB(a) The licensing agency shall promulgate regulations governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences and maternity homes.

Sec. 272. MONTPELIER; RIVERFRONT REDEVELOPMENT; APPROPRIATION

TAB The sum of $123,000.00 in general funds is appropriated to the department of buildings and general services for the city of Montpelier to assist with the Winooski East Riverfront Redevelopment project, provided that the Montpelier city council shall agreeto the following conditions before the appropriation may be made available to the city:

TAB(1) The city shall apply for, and pursue on good faith, a grant from the agency of transportation enhancement program, and if successful, the city shall refund to the state any amount awarded through the agency of transportation enhancement program.

TAB(2) The city shall not disrupt and shall be supportive of goals of the Central Vermont Skating Association, Inc.

Sec. 272a. DESIGNATION OF RUTLAND -WEST RUTLAND TOWN LINE

TAB(a) The select boards of the Towns of Rutland and West Rutland shall agree on the placement of suitable, permanent monuments to identify the boundary line separating these two towns. The boards shall install these monuments and complete a map indicating their location.

TAB(b) The amount of $5,000.00 is appropriated from the general fund in fiscal year 1997 to the towns of Rutland and West Rutland for the purpose of this section.

Sec. 272b. HARDWICK RECREATIONAL PARK

TAB$5,000.00 from the general fund, is appropriated to the department of housing and community affairs for the Town of Hardwick, on a two-to-one match, to assist with the construction of a recreational park in or adjacent to the downtown. The department, upon receipt of the final plan submitted by the Selectboard and approved by the commissioner, shall release the full amount to the town. If the construction has not been completed by November 1, 1997, the town shall remit the amount received to the state’s general fund.

Sec. 272c. HOUSE ELECTRIC UTILITY REGULATORY REFORM COMMITTEE

TABThe Speaker of the House of Representatives may appoint eleven members of the House to a committee on electric utility regulatory reform for the purpose of examining opportunities for reform in the electric industry. The committee may meet during adjournment of the General Assembly for no more than twelve meetings, and for attendance at such meetings members shall be entitled to compensation for services and reimbursement for expenses as provided in 2 V.S.A. 406. The committee shall have theassistance of the staff of the legislative council and the joint fiscal office, and upon approval of a work plan and budget by the joint fiscal committee, may retain the services of electric utility, legal, and other personnel to assist the committee. The committee shall report its recommendations relating to regulation of the electric utility industry on or before January 1, 1998, including in its report any proposed legislation that the committee determines is necessary or desirable.

Sec. 272d. 10 V.S.A. 541(a) is amended to read:

TAB(a) The human resources investment council is created as the successor to and the continuation of the governor's human resources investment council. The council shall consist of the following members: the commissioner of employment and training, the chancellor of Vermont state colleges, the secretary of human services, the commissioner of agriculture, food and markets one member representing independent colleges appointed by the governor, the secretary of commerce and community development, the commissioner of education, the commissioner of labor and industry, three representatives of business appointed by the governor and representing as much as possible the diversity of business interests within the state, three representatives of labor appointed by the governor, at least one of which shall be from names submitted by labor organizations, one representative of the low income community appointed by the governor, one member of the senate appointed by the senate committee on committees, one member of the house appointed by the speaker, and one representative of the office of the governor appointed by the governor.

Sec. 272e. APPLICATION; EXPIRATION

TAB(a) In the event of any inconsistency between the provisions of 10 V.S.A. 541(a) as amended by this act and the provisions of 10 V.S.A. 541(a) as amended by H.527 of 1997 (the equal opportunity education act), the provisions of this act shall control.

TAB(b) Unless reauthorized by the general assembly prior to July 1, 1999, 10 V.S.A. 541(human resources investment council) shall expire on July 1, 1999.

Sec. 272f. PROPERTY TAX REBATES; PERSONS UNDER AGE 62

TABProperty tax rebate claims filed for calendar year 1996 by persons under the age of 62 shall be paid in full, notwithstanding the provisions of 32 V.S.A. 5977(e).

Sec. 272g. VERMONT SMALL BUSINESS DEVELOPMENT ADVISORY PANEL

TABThe Vermont small business development advisory panel is created, consisting of six small businessmen and women appointed by the governor, a member of the House of Representatives appointed by the Speaker of the House, a member of the Senate appointed by the Committee on Committees, the commissioner of labor and industry or designee, the secretary of natural resources or designee, the commissioner of health or designee, the commissioner of taxes or designee, and the commissioner of employment and training or designee. Legislative members of the panel shall be entitled to compensation and expenses as provided in 2 V.S.A. 406.

TABAppointments to the panel shall be completed by July 15, 1997, the organizational meeting of the panel to elect a chair and vice-chair shall be held on August 1, 1997, and the panel shall hold no more than ten meetings and shall be dissolved on December 31, 1997.

TABThe small business advisory panel shall determine which regulatory standards and procedures or lack thereof present the greatest barriers to small business development, review and consider ways in which such regulations can be changed, created, or repealed in order to enhance the viability of small business while retaining necessary public protections, contract with expert personnel as needed to make recommendations concerning issues within the scope of its work, and on or before December 31, 1997 file with the General Assembly the report of the panel's work, including recommendations for legislative and executive branch actions.

Sec. 272h. COMMITTEE TO STUDY RECYCLING OF BOTTLES, CANS AND TIRES

TAB(a) There is created a study committee to consider ways for Vermont to expand reuse and recycling of waste and to reduce litter. The committee shall consider:

TAB(1) Ways to improve the waste management system and reclaim tires and other resources that otherwise might end up in the waste stream, including mandatory source separation.

TAB(2) Methods to decrease litter, including container redemption expansion and container and tire redemption at transfer stations and recycling centers.

TAB(b) The committee shall be comprised of the following persons: two members of the Senate, appointed by the Committee on Committees; two members of the House appointed by the Speaker of the House; the secretary of natural resources or a delegate of the secretary; and the following persons appointed by the governor: a representative of an environmental organization; a representative of Vermont Green Up; a representative of retailers; a representative of the solid waste districts; a representative of solid waste haulers and recyclers; a representative of the manufacturers or distributors of cans or bottles; a representative of the manufacturers or distributors of tires; and a municipal representative. The committee shall meet no more than six times and shall submit a report by no later than December 1, 1997 to the Committee on Natural Resources and Energy of both houses. Legislative members of the committee shall be entitled to compensation and expenses as provided in 2 V.S.A. 406. The committee shall be entitled to the services of the Legislative Council and the Joint Fiscal Office, and shall be assisted, upon request, by other state agencies.

Sec. 272i. Sec. 4 of Act No. 127 of the Acts of 1994 is amended to read:

TABSec. 4. AGRICULTURE COMMISSIONER REPORT; SUNSET

TABSecs. 1 and 2 and this section shall take effect from passage. Sec. 3 shall take effect 60 days from passage, and shall terminate *[June 30, 1997. On or before January 15, 1996, the commissioner of agriculture, food and markets shall report to the General Assembly on the need to extend these provisions, and whether these provisions are consistent with the best interests of Vermont's dairy farmers and consumers.]* March 30, 1998.

Sec. 273. 2 V.S.A. 501(a) and (b) are amended to read:

TAB(a) There is created a joint fiscal committee whose membership shall be appointed atthe beginning of each biennial session of the general assembly. The committee shall consist of *[four]* five representatives and *[four]* five senators as follows:

TAB(1) The *[chairman]* chair of the house committee on appropriations;

TAB(2) The *[chairman]* chair of the house committee on ways and means;

TAB(3) The *[chairman]* chair of the senate committee on appropriations;

TAB(4) The *[chairman]* chair of the senate committee on finance;

TAB(5) Two members of the house, one from each major political party, appointed by the speaker of the house;

TAB(6) Two members of the senate, one from each major political party, appointed by the committee on committees; and

TAB(7) One member of the senate to be appointed by the committee on committees and one member of the house to be appointed by the speaker.

TAB(b) The committee shall elect a *[chairman]* chair , *[vice-chairman]* vice-chair and clerk and shall adopt rules of procedure. The committee may meet at any time at the call of the *[chairman]* chair or a majority of the members of the committee. A majority of the membership shall constitute a quorum.

Sec. 274. EFFECTIVE DATE

TABThis section and Secs. 44a, 61a, 110a, 110b, 131, 163a, 180a, 191a, 192, 210a, 210b, 221a, 242a, 260a, 272a, 272i and $230,000.00 in transportation funds of Sec. 230 of this act shall take effect from passage. Sec. 94 of this act shall take effect from passage and shall apply to deposits made on and after July 1, 1996. Sec. 17b of Act No. 2 of 1997 shall apply to funds received on and after July 1, 1996.

Approved: June 26, 1997