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NO. 61. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
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
|Operating expenses|| 21,111|
|Interdepartmental transfer|| 145,000|
Sec. 8. Secretary of administration - GOVnet
|Operating expenses|| 591,500|
|Interdepartmental transfer|| 138,750|
Sec. 9. Finance and management - budget and management
|Operating expenses|| 49,134|
|Interdepartmental transfer|| 9,771|
Sec. 10. Finance and management - financial operations
|Operating expenses|| 235,768|
|Interdepartmental transfer|| 20,288|
Sec. 11. Personnel - operations
|Operating expenses|| 401,983|
|Internal service funds||95,432|
|Interdepartmental transfer|| 45,230|
Sec. 12. Personnel - employee benefits
|Operating expenses|| 188,875|
|Internal service funds||808,981|
Sec. 13. Buildings and general services - administrative
|Operating expenses|| 145,215|
|Internal service funds|| 264,159|
Sec. 14. Buildings and general services - facilities operations
|Operating expenses|| 6,811,864|
|Internal service funds|| 337,058|
Sec. 15. Buildings and general services - engineering
|Operating expenses|| 44,000|
|Internal service funds|| 4,395|
Sec. 16. Buildings and general services - property management
|Operating expenses|| 513,633|
|Internal service funds||735,740|
Sec. 17. Buildings and general services - postal
|Operating expenses|| 265,040|
|Internal service funds|| 571,683|
Sec. 18. Buildings and general services - supply center
|Operating expenses|| 307,300|
|Internal service funds||531,424|
Sec. 19. Buildings and general services - copy center
|Operating expenses|| 487,548|
|Internal service funds||927,996|
Sec. 20. Buildings and general services - purchasing
|Operating expenses|| 123,800|
|Transportation fund|| 251,276|
Sec. 21. Buildings and general services - public records
|Operating expenses|| 210,100|
Sec. 22. Buildings and general services - communications and information technology
|Operating expenses|| 2,661,543|
|Internal service funds||4,531,598|
Sec. 23. Buildings and general services - state surplus property
|Operating expenses|| 64,275|
|Internal service funds||99,871|
Sec. 24. Buildings and general services - federal surplus property
|Operating expenses|| 124,900|
Sec. 25. Buildings and general services - workers' compensation insurance
|Operating expenses|| 177,150|
|Internal service funds||809,143|
Sec. 26. Buildings and general services - general liability insurance
|Operating expenses|| 383,591|
|Internal service funds||556,522|
Sec. 27. Buildings and general services - all other insurance
|Operating expenses|| 11,250|
|Internal service funds||36,649|
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
|Operating expenses|| 1,686,700|
|Interdepartmental transfer|| 27,500|
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
Sec. 31. Geographic information system
TAB Of the above appropriation, $100,803.00 shall be used for the purposes of the soil survey program.
Sec. 32. Auditor of accounts
|Operating expenses|| 65,052|
|Retirement trust funds||44,780|
|Internal service funds|| 283,845|
Sec. 33. State treasurer
|Operating expenses|| 221,000|
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
|Operating expenses|| 105,425|
|Retirement trust funds||8,426,095|
Sec. 35. Municipal employees' retirement system
|Operating expenses|| 43,365|
|Retirement trust funds||569,765|
Sec. 36. State labor relations board
|Operating expenses|| 18,800|
Sec. 37. Executive office
|Interdepartmental transfer|| 109,340|
Sec. 38. Executive - national and community service
Sec. 39. VOSHA review board
Sec. 40. New England governors' conference
Sec. 41. Use tax reimbursement fund
| *[|Transportation fund]* | *[|1]*
Sec. 42. Property tax rebate trust fund
Sec. 43. Lieutenant governor
|Transportation fund|| 21,142|
Sec. 44. Legislature
|Transportation fund|| 776,198|
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|
|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
|Transportation fund|| 244,497|
Sec. 46. 2 V.S.A. § 204 is amended to read:
§ 204. EXPENSES AND *[
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
|Operating expenses|| 26,015|
|Transportation fund|| 46,217|
Sec. 48. Joint fiscal committee
|Operating expenses|| 20,400|
|Transportation fund|| 95,304|
Sec. 49. Lottery commission
|Operating expenses|| 688,820|
Sec. 50. Payments in lieu of taxes - Montpelier services
Sec. 51. Payments in lieu of taxes - correctional facilities
|Sec. 52. Total general government|| 108,244,183|
|Transportation fund|| 9,770,607|
|Retirement trust funds|| 9,040,640|
|Internal service funds||10,594,496|
|Interdepartmental transfer|| 495,879|
Sec. 53. Protection to persons and property - attorney general
|Personal services|| 2,699,815|
|Operating expenses|| 354,825|
|Interdepartmental transfer|| 413,000|
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
Sec. 56. Center for crime victim services
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
|Operating expenses|| 624,600|
|Interdepartmental transfer|| 865,532|
Sec. 58. Sheriffs
|Operating expenses|| 200,000|
|Transportation fund|| 564,301|
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|
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|
|Transportation fund|| 259,584|
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|
|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|
Sec. 64. Military - veterans' affairs
Sec. 65. Military - army service contract
|Operating expenses|| 1,500,000|
Sec. 66. Military - air service contract
|Operating expenses|| 556,000|
Sec. 67. Military - building maintenance
|Operating expenses|| 130,000|
Sec. 68. Labor and industry
|Operating expenses|| 805,000|
|Interdepartmental transfer|| 50,000|
Sec. 69. Criminal justice training council
|Operating expenses|| 111,915|
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
|Operating expenses|| 271,160|
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
|Operating expenses|| 725,404|
Sec. 73. Vermont racing commission
Sec. 74. Secretary of state - elections and administration
|Operating expenses|| 165,600|
|Interdepartmental transfer|| 95,620|
Sec. 75. Secretary of state - state archives
|Operating expenses|| 29,597|
Sec. 76. Secretary of state - professional regulation
|Operating expenses|| 440,142|
Sec. 77. Secretary of state - corporations
|Operating expenses|| 48,500|
Sec. 78. Medical practice board
|Operating expenses|| 62,164|
Sec. 79. Banking, insurance, securities, and health care administration - administration
|Operating expenses|| 13,000|
Sec. 80. Banking, insurance, securities, and health care administration - banking
|Operating expenses|| 314,700|
Sec. 81. Banking, insurance, securities, and health care administration - insurance
|Operating expenses|| 493,000|
Sec. 82. Banking, insurance, securities, and health care administration - securities
|Personal services|| 260,317|
|Operating expenses|| 96,558|
Sec. 83. Banking, insurance, securities, and health care administration - captive
|Operating expenses|| 217,636|
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
|Operating expenses|| 265,800|
Sec. 85. Public safety - state police
|Personal services|| 21,027,419|
|Transportation fund|| 18,126,544|
|Interdepartmental transfer|| 740,990|
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
|Interdepartmental transfer|| 524,763|
Sec. 88. Public safety - emergency management
Sec. 89. Agriculture, food and markets - administration
|Interdepartmental transfer|| 152,471|
Sec. 90. Agriculture, food and markets - agriculture development
Sec. 91. Agriculture, food and markets - animal and dairy
Sec. 92. Agriculture, food and markets - plant industry, labs and consumer assurance
|Interdepartmental transfer|| 45,389|
Sec. 93. Agriculture - state stipend
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
Sec. 96. Public service - regulation and energy
Sec. 97. Public service - purchase and sale of power
Sec. 98. Enhanced 9-1-1 board
|Operating expenses|| 132,985|
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
|Operating expenses|| 270,000|
Sec. 100. Judiciary
|Operating expenses|| 2,623,060|
|Interdepartmental transfer|| 1,394,138|
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 Sheriffs 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
Sec. 102. Center for justice research
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|
Sec. 104. Vermont radiological emergency response plan fund
Sec. 105. Vermont fire service training council
|Personal services|| 297,752|
|Operating expenses|| 191,548|
|Transportation fund|| 35,000|
|Interdepartmental transfer|| 108,300|
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 states training resources for emergency services providers through consolidation of efforts by the states 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 states 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 committees 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|
|Transportation fund|| 26,302,253|
|Interdepartmental transfer|| 4,415,203|
Sec. 108. Human services - agency of human services - central office
|Interdepartmental transfer|| 161,238|
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
|Operating expenses|| 15,800|
|Interdepartmental transfer|| 27,800|
Sec. 110. Corrections - administration
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
|Total|| *[|1,635,009]* | 1,885,009|
| 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
|Operating expenses|| 64,866|
Sec. 112. Corrections - corrections services
|Personal services|| 33,867,694|
|Operating expenses|| 10,073,443|
|Interdepartmental transfer|| 18,500|
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
|Operating expenses|| 276,900|
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
|Operating expenses|| 318,930|
|Interdepartmental transfer|| 230,000|
Sec. 115. Corrections - Vermont Correctional Industries
|Operating expenses|| 538,600|
Sec. 116. Developmental disabilities council
Sec. 117. Health - administration and support
|Operating expenses|| 947,175|
|Interdepartmental transfer|| 25,000|
Sec. 118. Health - health protection
|Interdepartmental transfer|| 73,000|
Sec. 119. Health - health surveillance
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
|Interdepartmental transfer|| 6,000|
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
|Interdepartmental transfer|| 116,375|
Sec. 122. Health - alcohol and drug abuse programs
|Interdepartmental transfer|| 100,000|
Sec. 123. Social welfare - administration
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
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
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 welfares 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
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
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
Sec. 129. Social welfare - home heating fuel assistance/LIHEAP
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 Vermonts 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 familys 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
|Interdepartmental transfer|| 306,500|
Sec. 133. Office of child support services
Sec. 134. Social and rehabilitation services - administrative and support services
|Operating expenses|| 207,362|
Sec. 135. Social and rehabilitation services - disability determination services
|Operating expenses|| 513,808|
|Interdepartmental transfer|| 400,000|
Sec. 136. Social and rehabilitation services - social services
Sec. 137. Social and rehabilitation services - Woodside juvenile rehabilitation center
|Operating expenses|| 230,561|
|Interdepartmental transfer|| 17,750|
Sec. 138. Social and rehabilitation services - child care services
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
|Operating expenses|| 282,959|
Sec. 140. Developmental and mental health services - community mental health
|Interdepartmental transfer|| 1,138,360|
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.
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 agencys 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 commissioners 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
|Interdepartmental transfer|| 390,787|
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
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
|Operating expenses|| 1,533,800|
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
Sec. 146. Aging and disabilities - blind and visually impaired
Sec. 147. Aging and disabilities - division of advocacy and independent living
|Interdepartmental transfer|| 50,000|
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
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
|Operating expenses|| 24,251|
Sec. 150. Retired senior volunteer program
Sec. 151. Disabled and needy veterans
Sec. 152. Vermont veterans' home - care and support services
|Operating expenses|| 1,789,618|
Sec. 153. Vermont association for blind and visually impaired, inc.
Sec. 154. Independence fund
|Interdepartmental transfer|| 11,272|
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|
|Federal funds|| 413,760,189|
Sec. 156. Employment and training
|Interdepartmental transfer|| 2,922,000|
Sec. 157. Education - core and financial services
|Operating expenses|| 282,587|
|Interdepartmental transfer|| 2,189|
Sec. 158. Education - school and instructional support
|Interdepartmental transfer|| 132,283|
Sec. 158a. APPROPRIATION; REDUCTION
TABThe commissioner is directed to reduce the general fund appropriation by a total of $223,000.00 from, at the commissioners discretion, anywhere within the education department budget. Such reduced funds may be replaced by federal funds.
Sec. 159. Education - family and education support
|Interdepartmental transfer|| 32,338|
Sec. 160. Education - special education: formula grants
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
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|
|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]* .
(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
|Interdepartmental transfer ||282,987|
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
Sec. 166. Education - general state aid to local school districts
| *[|Transportation funds]* | *[|675,000]*
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
Sec. 171. Education - licensing
Sec. 172. State teachers' retirement system
|Personal services|| 5,862,086|
|Retirement trust fund|| 5,982,523|
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
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
Sec. 175. Vermont educational television
Sec. 176. Vermont state colleges
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
Sec. 178. Vermont interactive television
Sec. 179. Vermont student assistance corporation
TAB Not less than 99 percent of grants shall be used for direct student aid.
Sec. 180. New England higher education compact
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|
|Sec. 181. Total general education|| 355,999,647|
|Transportation fund|| 639,932|
|Retirement trust fund|| 5,982,523|
|Interdepartmental transfer|| 449,797|
Sec. 182. Natural resources - agency of natural resources - administration, management and planning
|Interdepartmental transfer|| 651,835|
Sec. 183. Connecticut river watershed advisory commission
Sec. 184. Citizens' advisory committee on Lake Champlain's future
Sec. 185. Natural resources - state land local property tax assessment
|Interdepartmental transfer|| 230,000|
Sec. 186. Environmental conservation - commissioner's office
|Operating expenses|| 72,175|
Sec. 187. Environmental conservation - environmental assistance
Sec. 188. Environmental conservation - office of air and waste management
Sec. 189. Environmental conservation - office of water resources
|Interdepartmental transfer|| 346,050|
Sec. 190. Environmental conservation - various environmental special funds
Sec. 191. Fish and wildlife - support and field services
|Fish and wildlife fund||10,438,637|
|Interdepartmental transfer|| 225,000|
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|
|Interdepartmental transfer|| 109,800|
Sec. 194. Forests, parks and recreation - forest highway maintenance
Sec. 195. Forests, parks and recreation - forestry
|Interdepartmental transfer|| 330,300|
Sec. 196. Forests, parks and recreation - rural community fire protection
Sec. 197. Forests, parks and recreation - senior community service employment
Sec. 198. Forests, parks and recreation - state parks
Sec. 199. Forests, parks and recreation - youth conservation corps
|Interdepartmental transfer|| 373,000|
Sec. 200. Forests, parks and recreation - snowmobile trails program
Sec. 201. Environmental board and district commissions - Act 250
Sec. 202. Environmental board and district commissions - waste facilities panel
|Operating expenses|| 17,500|
Sec. 203. Water resources board
|Operating expenses|| 35,902|
Sec. 204. Green up
|Sec. 205. Total natural resources|| 48,423,690|
|Fish and wildlife fund||10,438,637|
|Interdepartmental transfer|| 2,265,985|
Sec. 206. Commerce and community development - agency of commerce and community development - administration and management planning
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
Sec. 208. Historic sites operations
|Operating expenses|| 278,400|
Sec. 209. Community development block grants
Sec. 210. Economic development
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)
Sec. 212. Government marketing assistance center
|Operating expenses|| 96,367|
Sec. 213. Tourism and marketing
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
|Operating expenses|| 411,412|
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
|Operating expenses|| 185,000|
Sec. 216. Vermont economic development authority
Sec. 217. Vermont council on the arts
Sec. 218. Vermont symphony orchestra
Sec. 219. Vermont historical society
Sec. 220. Vermont housing and conservation
Sec. 221. Vermont council on the humanities
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|
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
|Operating expenses|| 11,827|
Sec. 225. Transportation - administration
|Operating expenses|| 838,907|
Sec. 226. Transportation - maintenance state system
|Other - land, structures, improvements ||25,000|
Sec. 227. Transportation - paving program
Sec. 228. Transportation - engineering and construction
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
Sec. 230. Transportation - rail, air and public - transportation
|Transportation fund|| 10,712,866|
Sec. 231. Transportation - central garage revolving fund
|Operating expenses|| 5,360,050|
|Internal service funds||7,384,524|
Sec. 232. Transportation - town highway grants
TAB The above appropriation shall be authorized, notwithstanding 19 V.S.A. § 306(a).
Sec. 233. Transportation - town highway bridges
Sec. 234. Transportation - town highways - class 1 supplemental
Sec. 235. Transportation - town highways - emergency fund
TABOf the above, the sum of $200,000.00 shall be used by the agency of transportation to match the town of Wolcotts 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
Sec. 237. Transportation - Vermont local roads program
Sec. 238. Transportation - town highways - two for one match (class 2 resurfacing)
Sec. 239. Department of motor vehicles
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|
|Transportation fund|| 113,819,964|
|Federal funds|| 113,984,352|
|Internal service funds|| 7,384,524|
Sec. 242. Debt service - general
|Temporary borrowing|| 3,682,000|
|Total interest|| 27,244,552|
|Total debt service|| 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
|Temporary borrowing ||*[|4,710,000]* |4,230,000|
|Bonded debt||22,762,242 ||22,762,242|
|Total interest ||*[|27,472,242]* |26,992,242|
|Total debt service||*[|64,914,060]* |64,434,060|
|General fund ||*[|64,914,060]* |64,434,060|
Sec. 243. Debt service - transportation
|Total debt service||4,109,790|
Sec. 244. Debt service - lease purchase payments
|Operating expenses ||2,680,787|
Sec. 245. Debt service - job zones
|Operating expenses ||80,823|
|Sec. 246. Total debt service ||76,298,181|
|Transportation fund ||4,109,790|
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
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
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:
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
(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:]*
(1) an attorney at law]*
(2) a certified public accountant or a registered public accountant]*
(3) two auditors]*
(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 states 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