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NO. 66. AN ACT PROVIDING ADJUSTMENTS IN THE AMOUNT APPROPRIATED FOR THE SUPPORT OF GOVERNMENT.

(H.637)

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

Sec. 1. SHORT TITLE

This act shall be known as and shall be cited as the "Budget Adjustment

Act - Fiscal Year 1998".

Sec. 2. PURPOSE

It is the purpose of this bill to amend the appropriation amounts for fiscal

year 1998.

Sec. 3. Sec. 11 of No. 61 of the Acts of 1997 is amended to read:

Sec. 11. Personnel - operations

Personal services*[1,899,939]*1,946,989

Operating expenses *[401,983]* 404,933

Total*[2,301,922]*2,351,922

Source of funds

General fund*[1,493,656]*1,543,656

Transportation fund607,604607,604

Special funds60,00060,000

Internal service funds95,43295,432

Interdepartmental transfer 45,230 45,230

Total*[2,301,922]*2,351,922

Sec. 4. Sec. 14 of No. 61 of the Acts of 1997 is amended to read:

Sec. 14. Buildings and general services - facilities operations

Personal services*[4,721,078]*4,928,078

Operating expenses *[6,811,864]* 7,042,864

Total*[11,532,942]*11,970,942

Source of funds

General fund*[9,868,058]*10,306,058

Transportation fund1,327,8261,327,826

Internal service funds 337,058 337,058

Total*[11,532,942]*11,970,942

Sec. 5. Sec. 33 of No. 61 of the Acts of 1997 is amended to read:

Sec. 33. State treasurer

Personal services*[1,044,408]*1,340,408

Operating expenses *[221,000]* 228,000

Total*[1,265,408]*1,568,408

Source of funds

General fund333,548333,548

Transportation fund115,953115,953

Special funds *[815,907]* 1,118,907

Total*[1,265,408]*1,568,408

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.

Sec. 6. Sec. 40 of No. 61 of the Acts of 1997 is amended to read:

Sec. 40. New England governors' conference

Grants*[51,978]*71,978

Source of funds

General fund*[51,978]*71,978

Of the above appropriation, $20,000.00 shall be *[granted to]* used to support the New England dairy compact.

Sec. 7. Sec. 41 of No. 61 of the Acts of 1997 is amended to read:

Sec. 41. Use tax reimbursement fund

Other*[9,800,000]*8,584,532

Source of funds

General fund *[9,800,000]*8,584,532

Sec. 8. Sec. 45 of No. 61 of the Acts of 1997 is amended to read:

Sec. 45. Legislative council

Personal Services*[1,131,652]*1,168,652

Operating expenses 6,000 6,000

Total*[1,137,652]*1,174,652

Source of funds

General fund*[893,155]*930,155

Transportation fund 244,497 244,497

Total*[1,137,652]*1,174,652

Sec. 9. Sec. 48 of No. 61 of the Acts of 1997 is amended to read:

Sec. 48. Joint fiscal committee

Personal services*[436,816]*459,278

Operating expenses 20,400 20,400

Total*[457,216]*479,678

Source of funds

General fund*[361,912]*384,374

Transportation fund 95,304 95,304

Total*[457,216]*479,678

Sec. 10. Sec. 52 of No. 61 of the Acts of 1997 is amended to read:

Sec. 52. Total general government*[108,244,183]*107,899,177 Source of funds

General fund*[70,657,867]*70,009,861

General bond500,000500,000

Transportation fund9,770,6079,770,607

Federal funds1,386,4311,386,431

Special funds*[4,040,957]*4,343,957

Retirement trust funds9,040,6409,040,640

Enterprise funds1,757,3061,757,306

Internal service funds10,594,49610,594,496

Interdepartmental transfer 495,879 495,879

Total*[108,244,183]*107,899,177

Sec. 11. Sec. 53 of No. 61 of the Acts of 1997 is amended to read:

Sec. 53. Protection to persons and property -

Attorney general

Personal services*[2,699,815]*2,689,426

Operating expenses *[354,825]* 364,825

Total*[3,054,640]*3,054,251

Source of funds

General fund*[1,855,613]*1,807,224

Transportation fund78,53978,539

Federal funds425,000425,000

Special funds*[282,488]*330,488

Interdepartmental transfer 413,000 413,000

Total*[2,957,940]*3,054,251

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.

Notwithstanding any other provision of law, $48,389.00 is hereby transferred from account # 0102190800 to account # 0102190101. The remaining balance in account # 0102190800 shall be used by the attorney general for expenses related to complex litigation.

Sec. 12. Sec. 56 of No. 61 of the Acts of 1997 is amended to read:

Sec. 56. Center for crime victim services

Personal services219,319219,319

Operating expenses42,04442,044

Grants*[3,740,897]*3,712,897

Other 445,000 445,000

Total*[4,447,260]*4,419,260

Source of funds

General fund545,058545,058

Federal funds2,968,9952,968,995

Special funds *[933,207]* 905,207

Total*[4,447,260]*4,419,260

Sec. 13. Sec. 58 of No. 61 of the Acts of 1997 is amended to read:

Sec. 58. Sheriffs

Personal services*[1,618,338]*1,588,338

Operating expenses 200,000 200,000

Total*[1,818,338]*1,788,338

Source of funds

General fund1,254,0371,254,037

Transportation fund *[564,301]* 534,301

Total*[1,818,338]*1,788,338

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.

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

Sec. 14. Sec. 60 of No. 61 of the Acts of 1997 is amended to read:

Sec. 60. Defender general - public defense

Personal services3,450,7323,450,732 Operating expenses 421,780 421,780

Total3,872,5123,872,512

Source of funds

General fund*[3,015,515]*3,080,515 Transportation fund600,692600,692

Federal funds35,00035,000

Special funds *[221,305]* 156,305

Total3,872,5123,872,512

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. 14a. DEFENDER GENERAL TRANSFER

$75,000.00 shall be transferred from the Assigned Counsel appropriation to the Public Defense appropriation.

Sec. 15. Sec. 74 of No. 61 of the Acts of 1997 is amended to read:

Sec. 74. Secretary of state - elections

and administration

Personal services*[432,145]*457,145

Operating expenses 165,600 165,600

Total*[597,745]*622,745

Source of funds

General fund371,670371,670

Special funds*[130,455]*155,455 Interdepartmental transfers 95,620 95,620

Total*[597,745]*622,745

Sec. 15a. SECRETARY OF STATE; BROOKFIELD-ROXBURY BOUNDARY LINE

(a) The Secretary of State shall contract with a surveyor to conduct a survey of the county line that separates Orange and Washington Counties along the Brookfield-Roxbury boundary. After the survey is completed, it shall be filed with the Secretary of State and the Clerk of the House and the Secretary of the Senate.

(b) The amount of $20,000.00 is appropriated from the general fund to the Secretary of State in fiscal year 1998 for the purposes of this section.

Sec. 16. Sec. 76 of No. 61 of the Acts of 1997 is amended to read:

Sec. 76. Secretary of state - professional regulation

Personal services*[1,150,858]*1,190,858

Operating expenses 440,142 440,142

Total*[1,591,000]*1,631,000

Source of funds

Special funds*[1,591,000]*1,631,000

Sec. 17. Sec. 78 of No. 61 of the Acts of 1997 is amended to read:

Sec. 78. Medical practice board

Personal services*[373,321]*410,686

Operating expenses *[62,164]* 99,799

Total*[435,485]*510,485

Source of funds

Special funds*[435,485]*510,485

Sec. 18. Sec. 105 of No. 61 of the Acts of 1997 is amended to read:

Sec. 105. Vermont fire service training council

Personal services297,752297,752

Operating expenses 191,548 191,548

Total489,300489,300

Source of funds

General fund*[0]*45,000

Transportation fund35,00035,000

Special funds*[346,000]*301,000

Interdepartmental transfer 108,300 108,300

Total489,300489,300

Sec. 19. Sec. 107 of No. 61 of the Acts of 1997 is amended to read:

Sec. 107. Total protection to persons and

property*[113,308,187]*113,449,432

Source of funds

General fund*[37,770,776]*37,852,387

Transportation fund*[26,302,253]*26,272,253 Federal funds*[16,298,473]*16,338,107 Special funds*[25,142,309]*25,192,309

Enterprise funds3,379,1733,379,173

Interdepartmental transfer 4,415,203 4,415,203

Total*[113,308,187]*113,449,432

Sec. 20. Sec. 108 of No. 61 of the Acts of 1997 is amended to read:

Sec. 108. Human services - agency of human

services - central office

Personal services2,908,7602,908,760

Operating expenses866,754866,754 Grants 5,378,765 5,378,765

Total9,154,2799,154,279

Source of funds

General fund3,957,6483,957,648

Federal funds4,057,6904,057,690

Special funds*[977,703]*578,259

Interdepartmental transfer *[161,238]* 560,682

Total9,154,2799,154,279

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. 21. Sec. 112 of No. 61 of the Acts of 1997 is amended to read:

Sec. 112. Corrections - corrections services

Personal services*[33,867,694]*34,651,514

Operating expenses*[10,073,443]*11,135,623 Grants 130,000 130,000

Total*[44,071,137]*45,917,137

Source of funds

General fund*[42,009,270]*43,855,270

Transportation fund*[394,481]*1,343,011 Federal funds*[1,343,011]*394,481

Special funds305,875305,875

Interdepartmental transfer 18,500 18,500

Total*[44,071,137]*45,917,137

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. 22. Sec. 124 of No. 61 of the Acts of 1997 is amended to read:

Sec. 124. Social welfare - aid to needy families

with children

Grants*[55,135,231]*51,732,415

Source of funds

General fund*[19,692,899]*18,780,499

Federal funds*[32,972,332]*30,481,916

Special funds 2,470,000 2,470,000

Total*[55,135,231]*51,732,415

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. 23. Sec. 125 of No. 61 of the Acts of 1997 is amended to read:

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

Grants*[11,031,564]*10,185,564

Source of funds

General fund*[11,031,564]*10,185,564

Sec. 24. Sec. 126 of No. 61 of the Acts of 1997 is amended to read:

Sec. 126. Social welfare - Medicaid

Grants*[286,139,405]*281,566,687

Source of funds

General fund*[69,306,436]*68,396,436

Federal funds*[178,575,251]*174,912,533

Special funds 38,257,718 38,257,718

Total*[286,139,405]*281,566,687

HIV/AIDS HEALTH INSURANCE ASSISTANCE PROGRAM

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

(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.

(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.

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

Sec. 25. REPEAL

Sec. 131(a)(5) of No. 61 of the Acts of 1997 (The Adoption of Social Welfare Rules - Non-Residents) is hereby repealed.

Sec. 26. Sec. 138 of No. 61 of the Acts of 1997 is amended to read:

Sec. 138. Social and rehabilitation services -

child care services

Personal services927,545927,545

Operating expenses250,975250,975

Grants *[19,261,499]* 17,451,499

Total*[20,440,019]*18,630,019

Source of funds

General fund*[7,522,273]*7,022,273

Transportation75,00075,000

Federal funds *[12,842,746]* 11,532,746

Total*[20,440,019]*18,630,019

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

$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 shall establish rules in an expedited process as outlined below to determine the appropriate income disregard for FY 1998.

(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.

(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 humanservices that the rule is required to meet the purposes of this section.

Sec. 27. Sec. 140 of No. 61 of the Acts of 1997 is amended to read:

Sec. 140. Developmental and mental health services -

community mental health

Personal services1,294,6541,294,654

Operating expenses100,442100,442

Grants*[44,464,149]*45,514,149 Other 137,200 137,200

Total*[45,996,445]*47,046,445

Source of funds

General fund*[16,081,744]*16,631,744

Federal funds*[26,371,084]*26,871,084

Special funds2,405,2572,405,257

Interdepartmental transfer 1,138,360 1,138,360

Total*[45,996,445]*47,046,445

Sec. 28. Sec. 141 of No. 61 of the Acts of 1997 is amended to read:

Sec. 141. Developmental and mental health services -

developmental services

Personal services2,185,6662,185,666

Operating expenses331,552331,552

Grants*[54,579,439]*54,743,219

Other 81,340 81,340

Total*[57,177,997]*57,341,777

Source of funds

General fund*[21,992,447]*22,054,847

Federal funds*[34,438,671]*34,540,051

Special funds356,092356,092

Interdepartmental transfer 390,787 390,787

Total*[57,177,997]*57,341,777 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.

The 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. 29. Sec. 143 of No. 61 of the Acts of 1997 is amended to read:

Sec. 143. Developmental and mental health services -

Vermont state hospital

Personal services*[8,444,709]*7,994,709

Operating expenses*[995,444]*895,444

Grants 81,341 81,341

Total*[9,521,494]*8,971,494

Source of funds

General fund*[3,270,514]*2,720,514

Federal funds5,900,9805,900,980

Special funds 350,000 350,000

Total*[9,521,494]*8,971,494

The department of developmental and mental health services (DDMHS) shall include personal assistant and peer support services for 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. 30. DOWNSIZING OF VERMONT STATE HOSPITAL

The general assembly continues to construe the plan for downsizing of the Vermont state hospital as one which is designed to provide community mental health services of aquantity, range, assessed quality, location and durability that makes downsizing of the Vermont state hospital appropriate because communities are adequately providing services and therefore effectively diverting patients previously sent to Dale 3. In this light, the general assembly supports the department of mental health's Stage One plan with the following conditions:

(1) The necessary infrastructure and programs must be in place before Dale 3 is closed.

(2) The department shall continue to make every effort to insure that current Vermont state hospital employees continue to be employed by the state or assisted in finding other suitable employment. If necessary, innovative measures should be employed to ease the transition to other employment.

(3) The department shall maximize the use of community resources, including community programs operating independently and those operating in conjunction with local public or private facilities such as schools and the Brattleboro Retreat.

(4) The department shall present a status report to the legislative committees on appropriations, institutions and health and welfare, on or before February 15, 1998, with an assessment of the quality, availability and adequacy of existing mental health services and a similar assessment of the increased services related to implementation of Stage One.

While deinstitutionalization is still the goal, the General Assembly finds that ongoing efforts need to continue to develop community placements. In the interim, Dale 3 shall remain available for patients and staffed as necessary at least through fiscal year 1998 with space currently used for program needs to remain available to patients and staff. $183,900.00 in general funds is hereby appropriated to the department of developmental and mental health services to assist in the transition through the current fiscal year.

Sec. 31. Sec. 147 of No. 61 of the Acts of 1997 is amended to read:

Sec. 147. Aging and disabilities - division of

advocacy and independent living

Grants*[7,396,029]*7,986,029

Other 1,944,104 1,944,104

Total*[9,340,133]*9,930,133

Source of funds

General fund*[3,480,300]*4,070,300

Transportation fund522,000522,000

Federal funds5,287,8335,287,833

Interdepartmental transfer 50,000 50,000

Total*[9,340,133]*9,930,133

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

Of 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. 32. Sec. 152 of No. 61 of the Acts of 1997 is amended to read:

Sec. 152. Vermont veterans' home - care and

support services

Personal services7,558,7757,558,775

Operating expenses *[1,789,618]* 1,839,618

Total*[9,348,393]*9,398,393

Source of funds

General fund*[938,357]*988,357

Federal funds2,625,0902,625,090

Special funds5,784,9465,784,946

Total*[9,348,393]*9,398,393

Sec. 33. Sec. 155 of No. 61 of the Acts of 1997 is amended to read:

Sec. 155. Total human services*[752,308,927]*745,011,073

Source of funds

General fund*[262,671,537]*262,235,437

Transportation fund1,940,0111,940,011

Federal funds*[413,760,189]*406,898,435

Special funds*[69,415,732]*69,016,288

Interdepartmental transfer*[3,112,582]*3,512,026

Enterprise funds1,398,8761,398,876

Expendable trust 10,000 10,000

Total*[752,308,927]*745,011,073

Sec. 34. Sec. 158 of No. 61 of the Acts of 1997 is amended to read:

Sec. 158. Education - school and instructional support

Personal services2,748,5582,748,558

Operating expenses789,759789,759

Grants *[11,306,054]* 11,806,054

Total*[14,844,371]*15,344,371

Source of funds

General fund4,206,2014,206,201

Transportation fund633,798633,798

Federal funds*[9,477,627]*9,977,627

Special funds394,462394,462

Interdepartmental transfer 132,283 132,283

Total*[14,844,371]*15,344,371

Sec. 35. Sec. 159 of No. 61 of the Acts of 1997 is amended to read:

Sec. 159. Education - family and education support

Personal services1,396,7011,396,701

Operating expenses*[548,662]*648,662

Grants *[43,385,781]* 45,185,781

Total*[45,331,144]*47,231,144

Source of funds

General fund5,271,7685,271,768

Special funds20,80020,800

Federal funds*[40,006,238]*41,906,238

Interdepartmental transfer 32,338 32,338

Total*[45,331,144]*47,231,144

Sec. 36. Sec. 163 of No. 61 of the Acts of 1997 is amended to read:

Sec. 163. Education - wards of the state

Grants*[5,800,000]*6,250,000

Source of funds

General fund*[5,800,000]*6,250,000

Sec. 37. Sec. 166 of No. 61 of the Acts of 1997 is amended to read:

Sec. 166. Education - general state aid to

local school districts

Grants*[154,250,000]*154,204,790

Source of funds

General fund *[154,250,000]*154,204,790

Sec. 38. STATE AID CORRECTION LANGUAGE

The department of education is appropriated $300,000.00 from the general fund to pay increases that otherwise would have been paid in accordance with 16 V.S.A. § 3497(g) which was repealed by Act 60 of 1997. Specifically these payments would be for increases in general aid resulting from corrections to the information which was used in the calculation of fiscal year 1998 general aid submitted to the department between April 1, 1997 and April 1, 1998. These funds shall be prorated in the event that they are insufficient to cover total school district adjustments. Overpayments to school districts resulting from corrections to the information during this time, and differences between actual increases due and any 1998 prorated payments, shall be adjusted in aid due these districts in fiscal year 1999.

Sec. 39. REPEAL

Sec. 169 of No. 61 of the Acts of 1997 (Education-biennial values) is hereby repealed.

Sec. 40. Sec. 181 of No. 61 of the Acts of 1997 is amended to read:

Sec. 181. Total general education*[355,999,647]*359,104,437

Source of funds

General fund*[292,546,656]*293,251,446

Transportation fund639,932639,932

Federal funds*[55,391,658]*57,791,658 Special funds989,081989,081

Retirement trust fund5,982,5235,982,523

Interdepartmental transfer 449,797 449,797

Total*[355,999,647]*359,104,437

Sec. 41. Sec. 191 of No. 61 of the Acts of 1997 is amended to read:

Sec. 191. Fish and wildlife - support and field

services

Personal services*[6,650,798]*6,750,798

Operating expenses*[3,662,839]*3,866,591

Grants*[200,000]*260,000

Other 150,000 150,000

Total*[10,663,637]*11,027,389

Source of funds

Fish and wildlife fund10,438,63710,438,637

Interdepartmental transfer *[225,000]* 588,752

Total*[10,663,637]*11,027,389

Sec. 42. Sec. 193 of No. 61 of the Acts of 1997 is amended to read:

Sec. 193. Forests, parks and recreation -

administration

Personal services*[907,478]*872,478

Operating expenses218,876218,876

Grants 543,000 543,000

Total*[1,669,354]*1,634,354

Source of funds

General fund*[822,654]*787,654

Federal funds415,400415,400

Special funds321,500321,500

Interdepartmental transfer 109,800 109,800

Total*[1,669,354]*1,634,354

Sec. 43. Sec. 195 of No. 61 of the Acts of 1997 is amended to read:

Sec. 195. Forests, parks and recreation -

forestry

Personal services*[3,205,454]*3,240,454

Operating expenses408,450408,450

Grants 155,000 155,000

Total*[3,768,904]*3,803,904

Source of funds

General fund*[2,179,104]*2,214,104

Federal funds848,500848,500

Special funds411,000411,000

Interdepartmental transfer 330,300 330,300

Total*[3,768,904]*3,803,904

Sec. 44. Sec. 205 of No. 61 of the Acts of 1997 is amended to read:

Sec. 205. Total natural resources*[48,423,690]*48,787,442

Source of funds

General fund10,064,77510,064,775

Transportation fund974,396974,396

Federal funds6,935,4406,935,440 Fish and wildlife fund10,438,63710,438,637

Special funds17,744,45717,744,457

Interdepartmental transfer *[2,265,985]* 2,629,737

Total*[48,423,690]*48,787,442

Sec. 45. Sec. 210 of No. 61 of the Acts of 1997 is amended to read:

Sec. 210. Economic development

Personal services607,043607,043

Operating expenses324,958324,958

Grants *[1,216,400]* 1,225,400

Total*[2,148,401]*2,157,401

Source of funds

General fund *[1,955,701]*1,964,701

Special funds 192,700 192,700

Total*[2,148,401]*2,157,401

Of the above general fund appropriation, a total of $25,000.00 shall be granted to the Economic Development Council of Northern Vermont.

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.

The 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. 46. Sec. 214 of No. 61 of the Acts of 1997 is amended to read:

Sec. 214. Information centers

Personal services1,722,9491,722,949

Operating expenses *[411,412]* 500,412

Total*[2,134,361]*2,223,361

Source of funds

Transportation fund*[2,113,861]*2,202,861

Special funds 20,500 20,500

Total*[2,134,361]*2,223,361

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. 47. Sec. 222 of No. 61 of the Acts of 1997 is amended to read:

Sec. 222. Total commerce and*[39,061,587]*39,159,587

community development

Source of funds

General fund*[9,393,726]*9,402,726

Transportation fund*[2,262,519]*2,351,519

Federal funds19,229,37819,229,378

Special funds7,490,9647,490,964

Enterprise funds 685,000 685,000

Total*[39,061,587]*39,159,587

Sec. 48. Sec. 242 of No. 61 of the Acts of 1997 is amended to read:

Sec. 242. Debt service - general

Interest

Temporary borrowing*[3,682,000]*245,277

Bonded debt *[23,562,552]* 23,671,871

Total interest*[27,244,552]*23,917,148

Principal

State of Vermont

Series XXI1,400,0001,400,000 Series XXII2,110,5002,110,500

Series XXX2,085,0002,085,000

Series XXXI2,920,0002,920,000

Series XXXII730,260730,260

Series XXXIII4,512,0004,512,000

Series XXXIV1,285,0001,285,000

Series XXXV930,955930,955

Series XXXVI1,720,0001,720,000

Series XXXVII6,845,0006,845,000

Series XXXVIII575,000575,000 Series XXXIX4,800,5004,800,500

Series XL1,000,0001,000,000

Series XLI*[4,068,014]*4,165,431

Series XLII3,160,0003,160,000

Series XLIII1,250,0001,250,000

Series XLIV2,000,0002,000,000

Series XLV 790,000 790,000

Total principal*[42,182,229]*42,279,646

Total debt service*[69,426,781]*66,196,794

Source of funds

General fund*[69,265,607]*66,035,620

Special funds 161,174 161,174

Total*[69,426,781]*66,196,794

Sec. 49. Sec. 243 of No. 61 of the Acts of 1997 is amended to read:

Sec. 243. Debt service - transportation

Interest*[1,350,804]*1,241,485

Principal

Series XXII400,000400,000

Series XXIII589,500589,500

Series XXVIII15,00015,000

Series XXIX188,000188,000

Series XXX75,00075,000

Series XXXI765,000765,000

Series XXXII380,000380,000

Series XXXIII45,00045,000

Series XXXIV199,500199,500

Series XXXV*[101,986]* 4,569

Total principal*[2,758,986]* 2,661,569

Total debt service*[4,109,790]*3,903,054

Source of funds

Transportation fund*[4,109,790]*3,903,054

Sec. 50. Sec. 246 of No. 61 of the Acts of 1997 is amended to read:

Sec. 246. Total debt service*[76,298,181]*72,861,458

Source of funds

General fund*[69,346,430]*66,116,443

Transportation fund*[4,109,790]*3,903,054

Special funds 2,841,961 2,841,961

Total*[76,298,181]*72,861,458

Sec. 51. FISH AND WILDLIFE APPROPRIATIONS

(a) Land acquisition

In addition to carry forward of federal land acquisition funds appropriated in Sec. 202 of Act No. 178 of 1996, there is appropriated to the Department of Fish and Wildlife $200,000.00 from federal funds for land acquisition in fiscal year 1998.

(b) Watershed management

There is appropriated to the Department of Fish and Wildlife $20,000.00 from the watershed management account established by 10 V.S.A. § 4050 within the fish and wildlife fund, for the purpose of watershed management.

Sec. 52. REDUCTION OF CERTAIN APPROPRIATIONS IN ACT 60 OF THE ACTS

OF 1997

(a) Sec. 98(d) of No. 60 of the Acts of 1997 is amended to read:

(d) Current use program. There is appropriated from the general fund for fiscal year 1998 the amount of *[$5,519,234.00]* $4,834,699.00 to the director of property valuation and review for state payments to municipalities for reimbursements for enrolled property in the current use program as required by 32 V.S.A. § 3760 as added by this act.

(b) Sec. 98(g) of No. 60 of the Acts of 1997 is amended to read:

(g) Tax department implementation costs. There is appropriated from the general fund for fiscal year 1998 the amount of *[$4,634,100.00]* $3,884,100.00 to the Commissioner of Taxes for the effective implementation of this act of which $1,670,000.00 shall be used for statewide property tax implementation. The Agency of Administration is authorized to transfer convert up to twenty-four positions from state government to the tax department for implementation and administration of this act.

(c) Sec. 98(k) of No. 60 of the Acts of 1997 is amended to read:

(k) Property Tax Rebates. In addition to any other appropriation for this purpose, there is appropriated from the general fund in fiscal year 1998 the amount of *[$20,500,000.00]* $19,100,000.00 to the property tax rebate trust fund for the purpose of paying all claims under the property tax rebate program in fiscal year 1998.

Sec. 53. FUND TRANSFERS

(a) Notwithstanding any other provisions of law, in fiscal year 1998:

(1) the following amounts shall be transferred to the general fund from the accounts indicated:

Appropriation Name Amount

0601081009 Property tax rebate trust fund2,623,612

VEDA note repayments125,000 (approx.)

Amortization of VEDA bond reserve (12/93)231,581

Amortization of VEDA bond reserve (12/81)73,206

1101120400 Abandoned property fund1,724,000 (approx.)

Prior year reversions25,000 (approx.)

Amortization of WR Grace37,973

0809290100 Liquor control560,000 (approx.)

0701120200 Cash management improvement fund54,245

Bond proceeds interest earnings2,200,000 (approx.)

(2) all or a portion of the unencumbered balances in the insurance regulatory and supervision fund (appropriation #0602270509), the captive insurance regulatory and supervision fund (appropriation # 0602270909), and the securities regulatory and supervision fund (appropriation # 0602270809), expected to be approximately $2,800,000.00 shall be transferred to the general fund, provided that on or before June 15, 1998, the commissioner of banking, insurance, securities, and health care administration certifies to the joint fiscal committee that the transfer of such balances, or any smaller portion deemed proper by the commissioner, will not impair the ability of the department in fiscal year 1999 to provide thorough, competent, fair, and effective regulatory services, or maintain accreditation by the National Association of Insurance Commissioners; and that the joint fiscal committee does not reject such certification.

(b) Notwithstanding 19 V.S.A. § 11(1), all incremental revenues raised due to the four cent increase in the motor fuel tax, pursuant to Sec. 71 of No. 60 motor fuel tax, pursuant to Sec. 71 of No. 60 of the Acts of 1997, and all incremental revenues raised due to the one percent increase in the purchase and use tax, pursuant to Sec. 74 of No. 60 of the Acts of 1997, shall in fiscal year 1998 be transferred to the general fund.

(c) Sec. 260d(d) of No. 61 of the Acts of 1997 is amended to read:

(d) $300,000.00 in the State lottery fund (appropriation #0809910200) shall be held in reserve and transferred to the Education Fund (created by 16 V.S.A. § 4025) in fiscal year 1999.

Sec. 54. REVERSIONS

Notwithstanding any other provisions of law, in fiscal year 1998 the following amounts shall revert to the transportation fund from the accounts indicated:

Appropriation NameAmount

0402820700 Motor vehicle-Motorcycle rider training fees34,108

0402822800 Motor vehicle-NSF penalties2,548

Sec. 55. FY 1998 SURPLUS

(a) The following general fund amounts are appropriated in fiscal year 1998:

(1) To the department of personnel (appropriation 18,695

#0601040300) (Apersonnel -VCOP reimbursements@) for transfer to

the department of employment and training to recover unreimbursed

VCOP program costs.

(2) To the secretary of state, for conservation of the 5,000

Allen papers.

(3) To the department of public safety, for the purchase100,000

of armored vests.

(4) To the department of agriculture, for a milk grading25,000

unit.

(5) To the judiciary, for court security improvements. 50,000

(6) To the governor's commission on women, for printing16,000

and distribution costs.

(7) To the department of fish and wildlife, for80,000

high caliber bullet resistant vests.

(8) To the secretary of commerce and community300,000

development, for the Vermont labor training program.

(9) To the department of development and community609,330

affairs, for remediation of flood damage. Of this amount,

$200,000.00 shall be used for the emergency livestock feed

program, $380,000.00 to match NRCS, $9,330.00 to

provide reimbursement to the National Guard for costs incurred

and $20,000.00 for continued staffing of Montgomery

Emergency Command Center.

(10) To the agency of transportation, for State120,000

Infrastructure Banks (SIBs) as established by 10 V.S.A.

Chapter 12, subchapter 11.

(b) Notwithstanding any other provisions of law, the fiscal year 1998 unreserved undesignated surplus general fund balance as determined by the Commissioner of Financeand Management is hereby transferred for the following purposes, and in the following order:

(1) the necessary portion of the balance shall be transferred to the general fund budget stabilization reserve, established by 32 V.S.A. § 308, to bring the reserve to its fiscal year 1998 statutory maximum;

(2) $1,939,836.00 of the balance shall be transferred to the transportation fund budget stabilization reserve, established by 32 V.S.A. § 308a;

(3) the remainder of the balance shall be placed in reserve, and in fiscal year 1999 $7,000,000.00 shall be transferred to the education fund budget stabilization reserve established by 16 V.S.A. § 4026, and the remainder shall be transferred to the education fund created by 16 V.S.A. § 4025.

(c) The following federal fund amount is appropriated in578,967

fiscal year 1998:

(1) To the department of developmental and mental

health services, for a DDMHS management information

system. 578,967

Sec. 56. SECRETARY OF ADMINISTRATION; CARRY FORWARD AUTHORITY

Notwithstanding any other provisions of law and subject to the approval of the secretary of administration, any appropriations or allocations made in support of state government shall be available for fiscal year 1999. Except for funds appropriated for land acquisition, this provision shall not apply to fish and wildlife funds.

Sec. 57. EARLY RETIREMENT EXTENSION

If the secretary of administration determines that an extension previously granted under the provisions of No. 76 of the Acts of 1996 (Early Retirement Offering), Section 2, should be further extended in the interests of the state, an additional extension of not more than two years may be offered. Upon retirement, an employee subject to such extension shall be entitled to the benefits under said Act.

Sec. 58. FINANCIAL MANAGEMENT SYSTEM DEVELOPMENT FUND

(a) There is hereby established a Financial Management System development special fund to be expended by the commissioner of finance and management. The fund shallconsist of pro rata charges of costs incurred by the fund to all departments of state government.

(b) Disbursements from the fund shall be on warrants drawn by the commissioner of finance and management in anticipation of receipts authorized in subsection (a) of this section.

(c) As part of the annual budget submission of the commissioner of finance and management, the following information on expenditures for the financial management system will be provided:

(1) total estimated reimbursements by the departments deposited in the fund for the current and proposed fiscal year budget;

(2) cumulative obligations incurred and reimbursements made.

Sec. 59. 6 V.S.A. § 19 is added to read:

§ 19. EMERGENCY LIVESTOCK FEED PROGRAM

(a) An emergency livestock feed program is established. The commissioner of agriculture, food and markets is hereby authorized to administer an emergency livestock feed program to distribute funds to farmers who live in a county designated a natural disaster area by presidential declaration.

(b) Because of the immediate need to distribute funds appropriated in Sec. 55 of this act for the emergency livestock program, the commissioner shall adopt emergency rules to implement this program. The rules shall include an application format, review process, eligibility criteria and payment rates.

(c) The commissioner may recoup program payments from an individual who makes a fraudulent claim to the program and may issue an administrative penalty under 6 V.S.A. § 15 to a claimant for each violation of this section or rule adopted under its provisions.

Sec. 60. 32 V.S.A. § 5(a)(3) is amended to read:

(3) This section shall not apply to the acceptance of grants, gifts, donations, loans, or other thing of value by the division for historic preservation for use in establishing and maintaining displays and exhibits at any historic site or restoring any historic site maintained and developed under section 723 of Title 22; nor to grants, gifts, donations, loans, or other things of value with a value of $1,000.00 or less, provided that suchacceptance will not incur additional expense to the state or create an ongoing requirement for funds, services, or facilities. The secretary of administration and joint fiscal office shall be promptly notified of the source, value and purpose of any items received under this subdivision.

Sec. 61. COMPREHENSIVE ANNUAL FINANCIAL REPORT

Notwithstanding 32 V.S.A. § 182(a)(8), until such time as the Commissioner of Finance and Management can utilize data generated by the new financial management system to prepare the Comprehensive Annual Financial Report, the Commissioner of Finance and Management shall annually prepare the report on or before March 31.

Sec. 62. 1 V.S.A. § 823(b) is amended to read:

(b) The period of individual assignment or detail under an interchange program shall be subject to approval of the *[emergency board]* commissioner of personnel for executive departments, the court administrator for the judiciary and the joint rules committee for the legislature. Details relating to any matter covered in this subchapter may be the subject of an agreement between the sending and receiving agencies. Elected officials shall not be assigned from a sending agency nor detailed to a receiving agency.

Sec. 63. 32 V.S.A. § 462 is amended to read:

§ 462. APPROPRIATION REQUIRED

Except in the case of funds held by the state in trust *[and]*, rebates payable to the United States Treasury Department in accordance with the provisions of section 476 of this title, or unless otherwise specified by statute no moneys shall be paid out of the treasury of the state except upon specific appropriation *[made at each biennial session of the general assembly or any special session within the biennial period]*. The commissioner of finance and management shall not issue his or her warrant except *[for the payment of specific appropriations duly made in pursuance of]* as authorized under the provisions of this section. Such warrant shall be the certificate of the commissioner of finance and management that the account covered by the same *[has been audited and found correct and that the same]* is approved for payment by the state treasurer.

Sec. 64. 32 V.S.A. § 182(b) is amended to read:

(b) Nothing in this section shall be interpreted to allow the commissioner to expendmoney, *[unless the same is appropriated by the general assembly]* except in accordance with the provisions of section 462 of this title.

Sec. 65. 32 V.S.A. § 502 is amended to read:

§ 502. MONEYS TO BE PAID OVER WITHOUT DEDUCTION

(a) Executive branch. The gross amount of money received in their official capacities by every administrative department, board, officer or employee, from whatever source, shall be paid forthwith into the state treasury, or deposited according to the direction of the state treasurer in such bank to the credit of such treasurer as he shall designate, without any deduction on account of salaries, fees, costs, charges, expenses, claim or demand of any description whatsoever, unless otherwise provided. Such moneys shall be credited to such funds as are now or may hereafter be designated for the deposit thereof. Money so paid and all moneys belonging to or for the use of the state shall not be expended or applied by any department, board, officer or employee, except in *[pursuance of an appropriation made by law and upon warrant of the commissioner of finance and management]* accordance with the provisions of § 462 of this title.

(b) Judicial branch. The amount of money received by the supreme court or the court administrator for the admission or licensing of attorneys shall be deposited in the general fund and shall not be expended or applied except in *[pursuance of an appropriation made by law and upon warrant of the commissioner of finance and management]* accordance with the provisions of section 462 of this title.

Sec. 66. 32 V.S.A. § 703 is amended to read:

§ 703. UNEXPENDED APPROPRIATIONS

The unexpended balances of any sums appropriated by the general assembly shall annually, unless otherwise specially provided, be covered into the state treasury on July 1. *[Unexpended general fund appropriations which are authorized to be carried forward into subsequent years shall be reverted to the state treasury at the close of the third succeeding fiscal year unless continued by action of the general assembly.]*

Sec. 67. 3 V.S.A. § 2222(g) is amended to read:

(g) The secretary of administration shall obtain independent expert review of any recommendation for any information technology activity initiated after July 1, 1996, asinformation technology activity is defined by subdivision (a)(10) of this section, when its total cost is $500,000 or greater. Documentation of such independent review shall be included when plans are submitted for review pursuant to subdivisions (a)(9) and (10) of this section. The independent review shall include:

(1) an acquisition cost assessment;

(2) a technology architecture review;

(3) an implementation plan assessment;

(4) a cost analysis and a model for benefit analysis; and

(5) a procurement negotiation advisory services contract.

The secretary of administration may assess the costs of such reviews to the departments making the information technology recommendations.

Sec. 67a. 10 V.S.A. § 531 is amended to read:

§ 531. EMPLOYMENT TRAINING

(a) The secretary of commerce and community development may *[contract with]* issue grants to any employer, consortium of employers, or contract with providers of training, either individuals or organizations, as necessary, to conduct training under the following circumstances:

(1) when *[contracting with]* issuing grants to an employer or consortium of employers, the employer promises *[in the contract]* as a condition of the grant to increase employment or provide training to enhance employment stability at an existing or expanded eligible facility within the state where eligible facility is defined as in 10 V.S.A. § 212(6) relating to Vermont economic development authority, or the employer or consortium of employers promises to open an eligible facility within the state which will employ persons; and

(2) training is required for potential employees, new employees, or long-standing employees in the methods, either singularly or in combination relating to pre-employment training, on-the-job training, upgrade training and crossover training, or specialized instruction, either in-plant or through a training provider.

(b) The secretary of commerce and community development shall find in the grant or contract that:

* * *

(c) The employer promises *[in the contract]* as a condition of the grant to:

(1) employ persons at a wage which, at the completion of the training program, is two times the prevailing state or federal minimum wage, whichever of 15 percent of the gross program wage, or for existing employees, to increase the wage to two times the prevailing state and federal minimum wage, whichever is greater, reduced by the value of any existing health benefit package up to a limit of 15 percent of the gross program wage, upon completion of training; provided, however, that in areas defined by the secretary of commerce and community development in which the secretary finds that the rate of unemployment is 50 percent greater than the average for the state, the wage rate under this subsection may be set by the secretary at a rate no less than one and one-half times the federal or state minimum wage, whichever is greater;

* * *

(d) In issuing a grant or entering a contract for the conduct of training under this section, the secretary of commerce and community development shall first consult with: the commissioner of education regarding vocational-technical education; the commissioner of employment and training regarding apprenticeship programs, on-the-job training programs, and recruiting through Vermont Job Service and available federal training funds; *[the commissioner of labor and industry regarding apprenticeship and on-the-job training programs;]* the commissioner of social welfare regarding welfare to work priorities; and the University of Vermont and the Vermont state colleges.

Sec. 67b. 32 V.S.A. § 1010(e) is amended to read:

(e) The governor may authorize per diem compensation and expense reimbursement in accordance with this section for members of boards and commissions, including temporary study commissions, created by executive order. By January 15th of each year, the secretary of administration shall report to the general assembly *[on the use of such funds]* a list of all such boards and commissions that are authorized to receive per diem compensation.

Sec. 68. 1998 EMERGENCY RELIEF AND ASSISTANCE

(a) There is appropriated from the General Fund to the Emergency Relief andAssistance Fund created by subsection (b) of this section the amount of $500,000.00 in fiscal year 1998.

(b) There is created an Emergency Relief and Assistance Fund to be administered by the secretary of administration as a special fund under the provisions of subchapter 5 of chapter 7 of title 32. The fund shall contain any amounts of state funds appropriated to it by the general assembly or any amounts of federal disaster relief assistance or planning funds that may be appropriated or transferred to it by the General Assembly. Subject to 32 V.S.A. § 5, the fund may accept grants, gifts, loans or any other sum of money or thing of value. Any amounts appropriated or transferred to the fund or any interest earned by the fund shall remain in the fund until expended.

Sec. 69. EFFECTIVE DATE

This act shall take effect from passage.

Approved: February 20, 1998