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


  This bill may be referred to as the BIG BILL -- Fiscal Year 1999 Appropriations Act.

Sec. 2.  PURPOSE

  The purpose of this act is to provide appropriations for the operations of state government during fiscal year 1999. 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, 1998. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 1999 so as to meet this condition unless otherwise directed by specific language in this act.


  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.


  The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 1999. 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.


  For the purposes of this act:

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

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

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

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

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

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


  The appropriations made in this act are made for the fiscal year ending June 30, 1999 except as provided in this act, and are to be paid from funds shown as the source of funds.

Sec. 7.  Secretary of administration - secretary's office
  Personal services418,582
  Operating expenses22,450
 Source of funds
  General fund211,217
  Transportation fund58,327
  Interdepartmental transfer171,488

  The secretary of administration shall furnish the house and senate appropriations committee by November 1, 1998 a list of all vendors of consultant services who have received for fiscal year 1998 cumulative contract payments totaling over $75,000.00 and a list of their contracts in force for fiscal year 1999.

Sec. 7a.  [DELETED.]

Sec. 8.  [DELETED.]

Sec. 9.  Secretary of administration - GOVNet
  Personal services250,000
  Operating expenses746,250
 Source of funds
  Special funds855,000
  Interdepartmental transfer141,250

Sec. 10.  Finance and management - budget and management
  Personal services658,816
  Operating expenses49,180
 Source of funds
  General fund550,544
  Transportation fund147,452
  Interdepartmental transfer10,000

Sec. 11.  Finance and management - financial operations
  Personal services804,004
  Operating expenses197,371
 Source of funds
  General fund656,961
  Transportation fund318,914
  Special funds25,500

Sec. 12.  Personnel - operations
  Personal services2,042,473
  Operating expenses389,450
 Source of funds
  General fund1,667,349
  Transportation fund607,604
  Special funds49,000
  Internal service funds100,770
  Interdepartmental transfer7,200

  The training provided by the affirmative action officer shall, to the extent possible, be for exempt and classified employees, and designed to be comprehensive in its treatment of minorities and women.

Sec. 13.  Personnel - employee benefits
  Personal services755,821
  Operating expenses297,120
 Source of funds
  Internal service funds1,052,941

Sec. 14.  Buildings and general services - administrative
  Personal services642,866
  Operating expenses137,400
 Source of funds
  General fund364,000
  Transportation fund63,000
  Interdepartmental transfer353,266

Sec. 15.  Buildings and general services - facilities operations
  Personal services5,227,984
  Operating expenses6,708,401
 Source of funds
  General fund10,244,334
  Transportation fund1,327,826
  Interdepartmental transfer364,225

Sec. 16.  Buildings and general services - engineering
  Personal services1,199,890
  Operating expenses124,100
 Source of funds
  General fund1,173,891
  Transportation fund90,704
  Interdepartmental transfer59,395

Sec. 17.  Buildings and general services - property management
  Personal services193,346
  Operating expenses453,177
 Source of funds
  Internal service funds646,523

Sec. 18.  Buildings and general services - postal
  Personal services470,404
  Operating expenses427,275
 Source of funds
  General fund80,542
  Transportation fund63,085
  Internal service funds754,052

Sec. 19.  Buildings and general services - supply center
  Personal services205,558
  Operating expenses318,345
 Source of funds
  Internal service funds523,903

Sec. 20.  Buildings and general services - copy center
  Personal services551,600
  Operating expenses526,080
 Source of funds
  Internal service funds1,077,680

Sec. 21.  Buildings and general services - purchasing
  Personal services607,998
  Operating expenses113,760
 Source of funds
  General fund470,482
  Transportation fund251,276

Sec. 22.  Buildings and general services - public records
  Personal services577,013
  Operating expenses217,706
 Source of funds
  General fund557,178
  Transportation fund85,019
  Special funds152,522

Sec. 23.  Buildings and general services - communications and information technology
  Personal services2,038,043
  Operating expenses2,741,099
 Source of funds
  Internal service funds4,779,142

  The exempt position of Principal Assistant in the department of buildings and general services is hereby converted to the exempt position - Director of Communication and Information Technology.

Sec. 24.  Buildings and general services - state surplus property
  Personal services39,013
  Operating expenses77,200
 Source of funds
  Internal service funds116,213

Sec. 25.  Buildings and general services - federal surplus property
  Personal services38,601
  Operating expenses126,265
 Source of funds
  Enterprise funds164,866

Sec. 26.  Buildings and general services - workers' compensation insurance
  Personal services694,739
  Operating expenses179,950
 Source of funds
  Internal service funds874,689

Sec. 27.  Buildings and general services - general liability insurance
  Personal services205,529
  Operating expenses367,200
 Source of funds
  Internal service funds572,729

Sec. 28.  Buildings and general services - all other insurance
  Personal services27,050
  Operating expenses13,600
 Source of funds
  Internal service funds40,650

Sec. 29.  Tax - administration/collection
  Personal services6,643,298
  Operating expenses1,695,000
 Source of funds
  General fund6,676,677
  Transportation fund247,566
  Special funds1,336,555
  Interdepartmental transfer77,500

  Included in the special funds is $442,000.00 appropriated from the enhanced tax collection special fund (0601084000) in fiscal year 1999.

Sec. 29a.  Tax department - property tax reform implementation

  There is appropriated from the general fund for fiscal year 1999 to the department of taxes, the amount of $2,362,111.00 for the implementation of No. 60 of the Acts of 1997 including changes to accommodate cash flow decisions made by the Legislature in H.577 of 1998.

Sec. 30.  Libraries
  Personal services1,437,877
  Operating expenses871,467
 Source of funds
  General fund1,741,388
  Federal funds520,000
  Special funds74,256

Sec. 31.  Geographic information system
 Source of funds
  Special funds307,421

  Of the above appropriation, $103,097.00 shall be used for the purposes of the soil survey program.

Sec. 32.  Auditor of accounts
  Personal services1,278,280
  Operating expenses78,300
 Source of funds
  General fund398,582
  Transportation fund66,844
  Retirement trust funds46,187
  Internal service funds844,967

Sec. 33.  State treasurer
  Personal services1,590,929
  Operating expenses240,190
 Source of funds
  General fund377,034
  Transportation fund115,953
  Special funds1,247,150
  Expendable trust fund90,982

  The establishment of one (1) classified position - Retirement Services Specialist - is authorized. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 34.  Vermont state retirement system
  Personal services8,663,269
  Operating expenses105,425
 Source of funds
  Retirement trust funds8,738,694

Sec. 35.  Municipal employees' retirement system
  Personal services689,110
  Operating expenses37,039
 Source of funds
  Retirement trust funds726,149

Sec. 36.  State labor relations board
  Personal services133,818
  Operating expenses20,672
 Source of funds
  General fund144,759
  Transportation fund5,125
  Special funds4,606

Sec. 37.  Executive office
  Personal services983,222
  Operating expenses189,246
  Unrestricted fund13,000
 Source of funds
  General fund919,414
  Transportation fund177,497
  Special funds3,100
  Interdepartmental transfer137,435

Sec. 38.  Executive - national and community service
  Personal services154,442
  Operating expenses81,400
 Source of funds
  General fund52,698
  Federal funds1,341,513
  Interdepartmental transfer18,951

Sec. 39.  VOSHA review board
  Personal services23,800
  Operating expenses3,000
 Source of funds
  General fund11,012
  Federal funds15,788

Sec. 39a. Use tax reimbursement fund - municipal current use
 Source of funds
  General fund2,050,000
  Transportation fund2,050,000

Sec. 40.  Lieutenant governor
  Personal services86,070
  Operating expenses11,691
 Source of funds
  General fund76,619
  Transportation fund21,142

Sec. 41.  Legislature
 Source of funds
  General fund3,226,400
  Transportation fund798,100

  Of the above appropriation, up to $40,000.00 shall be available for the costs of planning and preparing for the 1999 Annual Meeting of the Eastern Regional Conference of the Council of State Governments in Burlington. This appropriation shall be matched through fundraising on a two-for-one basis.

  Beginning in the 1999 biennial session of the legislature, and in each biennial and adjourned session thereafter, the first installment payment of salary of members shall be made no later than the last day of the first week of the legislative session in an amount noless than one week's salary. Thereafter, members shall be paid in biweekly installments as provided in 32 V.S.A. § 1051(a) and (c) and 32 V.S.A. § 1052(a).

Sec. 42.  Legislative council
  Personal services1,229,161
  Operating expenses18,500
 Source of funds
  General fund996,129
  Transportation fund251,532

Sec. 43.  Sergeant at arms
  Personal services189,198
  Operating expenses39,445
 Source of funds
  General fund182,426
  Transportation fund46,217

  As doorkeeper positions become available the sergeant at arms shall make every effort to fill these positions so that they reflect the gender mix of the population of Vermont.

Sec. 44.  2 V.S.A. § 64(a) is amended to read:

  (a) The sergeant at arms may, subject to the rules of the general assembly, employ such employees as may be needed to carry out the sergeant at arms' duties. These may include assistants, custodians, doorkeepers, guides, messengers, mail and room assignment clerks, security guards and pages. Compensation for such employees shall be determined by the joint rules committee, except that prior to the beginning of any legislative session, compensation for a person who fills the same temporary position that he or she filled during the preceding session and, in the case of a person newly employed to fill atemporary position, the rate of compensation shall be established initially by the sergeant at arms at a rate not to exceed the rate established for the person who held that position during the preceding legislative session. Persons employed under this section shall be paid in the same manner as members of the general assembly. The commissioner of finance and management shall issue his or her warrant in payment of compensation approved under this section.

Sec. 45.  Joint fiscal committee
  Personal services528,860
  Operating expenses20,400
 Source of funds
  General fund438,027
  Transportation fund111,233

  The joint fiscal committee is authorized to continue positions # 117010 and # 117011 as exempt positions within the joint fiscal office.



  There is appropriated from the general fund for fiscal year 1999 to the joint fiscal office the amount of $30,000.00 for the implementation of No. 60 of the Acts of 1997.

Sec. 46.  Lottery commission
  Personal services906,041
  Operating expenses697,881
 Source of funds
  Enterprise funds1,603,922

Sec. 47.  Payments in lieu of taxes - Montpelier services
 Source of funds
  General fund184,000

Sec. 48.  Payments in lieu of taxes - correctional facilities
 Source of funds
  General fund40,000


  There is appropriated in fiscal year 1999 from the PILOT Special Fund established by Sec. 89 of No. 60 of the Acts of 1997 the amount of $1,000,000.00 for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32.
Sec. 49. Total general government72,816,370
 Source of funds
  General fund35,883,774
  Transportation fund6,904,416
  Federal funds1,877,301
  Special funds4,055,110
  Retirement trust funds 9,511,030
  Enterprise funds1,768,788
  Expendable trust funds90,982
  Internal service funds11,384,259
  Interdepartmental transfer1,340,710

Sec. 50.  Protection to persons and property - Attorney general
  Personal services2,915,913
  Operating expenses407,997
 Source of funds
  General fund1,970,573
  Transportation fund78,539
  Federal funds435,000
  Special funds426,798
  Interdepartmental transfer413,000

  Of the above appropriation, $146,000.00 shall be used to support an Antitrust Unit within the office of the attorney general. The establishment of one (1) exempt position - Assistant Attorney General - and two (2) classified positions - one (1) Paralegal/Investigator and one (1) Administrative Secretary - is authorized for the purpose of staffing this unit. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 51.  Vermont court diversion
 Source of funds
  General fund408,082
  Transportation fund172,625
  Special funds191,589

Sec. 52.  Center for crime victim services
  Personal services205,272
  Operating expenses45,435
 Source of funds
  General fund554,597
  Federal funds2,274,000
  Special funds908,207

Sec. 53.  13 V.S.A. § 5353(i) is added to read:

  (i) A victim shall be eligible for compensation for pecuniary losses sustained as a result of a crime which occurred before July 1, 1987 if at the time of application the case is being investigated or is being prosecuted.

Sec. 54.  State's attorneys
  Personal services5,403,841
  Operating expenses621,215
 Source of funds
  General fund4,390,228
  Transportation fund414,598
  Federal funds166,978
  Special funds143,004
  Interdepartmental transfer946,102

Sec. 55.  Sheriffs
  Personal services1,596,208
  Operating expenses212,130
 Source of funds
  General fund1,274,037
  Transportation fund534,301

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

Sec. 56.  Defender general - public defense
  Personal services3,758,635
  Operating expenses421,780
 Source of funds
  General fund3,303,816
  Transportation fund600,692
  Federal funds37,500
  Special funds238,407

Sec. 57.  Defender general - assigned counsel
  Personal services1,409,520
  Operating expenses34,505
 Source of funds
  General fund1,184,441
  Transportation fund259,584


  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, 1999.

Sec. 59.  Military - administrative
  Personal services635,188
  Operating expenses366,596
 Source of funds
  General fund1,011,159
  Federal funds150,000
  Special funds 40,625

  $200,000.00 of the above appropriation provides educational grants for members of the Vermont National Guard to attend Vermont institutions.

  The establishment of one (1) permanent classified position - Environmental Engineer C- Hazardous Materials - is authorized in fiscal year 1999, which shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.

Sec. 59a. 16 V.S.A. § 2183 is added to read:


  (a) An active member of the Vermont Army National Guard or the Air National Guard may be eligible for up to $1,000.00 annually for financial assistance to pay for tuition and fees for courses taken at a Vermont state college or the University of Vermont, provided the course leads to a post-secondary degree or diploma and provided the person completes the course with a grade of at least "2.5" or "C+."

  (b) To be eligible for educational assistance under this section, a person shall:

    (1) be a Vermont resident;

    (2) be an active member in good standing of a federally recognized unit of the Vermont Army National Guard or Air National Guard;

    (3) have successfully completed basic training or commissioning;

    (4) not hold a baccalaureate degree or higher;

    (5) be enrolled in a program that leads to a post-secondary degree or diploma at one of the Vermont state colleges or the University of Vermont; and

    (6) demonstrate that he or she has applied for educational financial aid under the Montgomery GI Bill and from any other applicable state or federal financial aid source.

  (c) The adjutant general shall provide a certificate of eligibility to each person who has been found to be eligible for educational assistance under this section. The certificate shall be valid for one academic year.

  (d) A person shall not be eligible for educational assistance under this section for any courses taken after he or she has been awarded a baccalaureate degree or is no longer an active member in good standing of the Vermont Army National Guard or the Air NationalGuard. Assistance shall be paid for a course required toward a degree only after the person has completed the course with a grade of at least "2.5" or "C+."

  (e) Vermont state colleges in consultation with the office of the adjutant general shall adopt rules necessary to implement the provisions of this section.

  (f) The adjutant general shall report by January 15, 1999 and annually thereafter to the legislature, and shall include in the report statistics and information on the following issues:

    (1) the number of guards men and women enrolled in educational programs as a result of the funding provisions of this section;

    (2) the number of guards men and women who applied for funding under this section but were not able to obtain such funding;

    (3) the types of programs undertaken and names of institutions attended by students; and

    (4) the number of guards men and women who have completed their course work.


  The adjutant general shall survey national guardspeople to determine if educational opportunities beyond those for which assistance is provided under Sec. 59a of this act would benefit them. On or before January 15, 1999, the adjutant general shall report to the general assembly concerning whether assistance provided under Sec. 59a should be expanded to cover other educational opportunities and how much it would cost to do so.

Sec. 60.  Military - veterans' affairs
  Personal services83,089
  Operating expenses19,400
 Source of funds
  General fund173,489

Sec. 61.  Military - army service contract
  Personal services1,102,857
  Operating expenses 2,104,352
 Source of funds
  General fund105,729
  Federal funds3,101,480

Sec. 62.  Military - air service contract
  Personal services2,361,545
  Operating expenses527,405
 Source of funds
  General fund203,040
  Federal funds2,685,910

Sec. 63.  Military - building maintenance
  Personal services461,862
  Operating expenses128,700
 Source of funds
  General fund575,562
  Federal funds15,000

Sec. 64.  Labor and Industry
  Personal services3,400,871
  Operating expenses844,000
 Source of funds
  General fund690,240
  Federal funds430,000
  Special funds3,072,631
  Interdepartmental transfers52,000


  The wage and hour division may increase its staffing by one (1) temporary position, if funds become available.

Sec. 66.  Criminal justice training council
  Personal services527,209
  Operating expenses99,912
 Source of funds
  General fund77,314
  Transportation fund339,807
  Federal funds35,000
  Special funds175,000

  The Program Services Clerk position shall remain with the Criminal Justice Training Council.

Sec. 67.  Liquor control - enforcement and licensing
  Personal services1,072,680
  Operating expenses231,380
 Source of funds
  Enterprise funds1,304,060

Sec. 68.  Liquor control - administration
  Personal services1,299,776
  Operating expenses738,774
 Source of funds
  Enterprise funds2,038,550

Sec. 69.  [DELETED.]

Sec. 70.  Vermont racing commission
  Personal services25,497
  Operating expenses7,701
 Source of funds
  Special funds33,198

Sec. 71.  Secretary of state
  Personal services1,943,570
  Operating expenses 926,475
 Source of funds
  General fund933,238
  Special funds1,861,807
  Interdepartmental transfers75,000

Sec. 71a. Sec. 74 of No. 61 of the Acts of 1997, as amended by Sec. 15 of No. 66 of the Acts of 1998 is further amended to read:

  Sec. 74. Secretary of state - elections and administration
  Personal services*[*[457,145]*]*482,145
  Operating expenses165,600165,600
   Total*[*[622,745]*]* 647,745
 Source of funds
  General fund*[*[371,670]*]*396,670
  Special funds155,455155,455
  Interdepartmental transfers95,62095,620

  The secretary of state shall provide funding for monumentation of the Rutland - West Rutland town line as indicated below.

    (1) The selectboards of the towns of Rutland and West Rutland shall agree on the location of the boundary line separating these two towns and authorize the placement of suitable, permanent monuments along the line to mark the location. After the monuments are set, a final survey plat indicating their location shall be filed in the town clerk's offices of the town of Rutland and the town of West Rutland, as well as the State Archives in the Secretary of State's Office. The line as monumented, surveyed, and depicted on said plat shall constitute the boundary line between Rutland Town and West Rutland.

Sec. 72.  [DELETED.]

Sec. 73.  Medical practice board
  Personal services415,341
  Operating expenses103,326
 Source of funds
  Special funds518,667

Sec. 74.  Banking, insurance, securities, and health care administration - administration
  Personal services463,740
  Operating expenses16,300
 Source of funds
  Special funds480,040

Sec. 75.  Banking, insurance, securities, and health care

administration - banking
  Personal services909,166
  Operating expenses290,000
 Source of funds
  Special funds1,199,166

Sec. 76.  Banking, insurance, securities, and health care

administration - insurance
  Personal services2,421,401
  Operating expenses516,500
 Source of funds
  Special funds2,937,901

Sec. 77.  Banking, insurance, securities, and health care

administration - securities
  Personal services288,587
  Operating expenses105,500
 Source of funds
  Special funds394,087

Sec. 78.  Banking, insurance, securities, and health care administration - captive
  Personal services970,130
  Operating expenses235,115
 Source of funds
  Special funds1,205,245

Sec. 79.  Banking, insurance, securities, and health care administration - health care administration
  Personal services1,607,694
  Operating expenses285,000
 Source of funds
  General fund514,592
  Special funds 1,378,102

Sec. 80.  Public safety - state police
  Personal services21,657,198
  Operating expenses4,484,437
 Source of funds
  General fund5,284,986
  Transportation fund18,065,719
  Federal funds1,686,440
  Special funds905,184
  Interdepartmental transfer816,529

  Of the above appropriation, $938,000.00 shall be expended for police cruisers for field duty work and $22,000.00 shall be available for snowmobile law enforcement activities.

Sec. 81.  Public safety - criminal justice services
  Personal services3,421,166
  Operating expenses2,511,978
 Source of funds
  General fund254,375
  Transportation fund2,813,340
  Federal funds2,599,969
  Special funds 591,397
  Interdepartmental transfer 466,973

  The Vermont center for justice research is designated as the state's instrumentality to receive statistical analysis center federal funds. The Department of Public Safety shall provide business manager services for the Vermont Criminal Justice Training Council.


  Notwithstanding any other provision of law to the contrary, the amount of $322,500 is appropriated in fiscal year 1999 from the universal service fund to the department of public safety for the purpose of funding start-up costs of implementation of the E-911 system. The implementation of the E-911 system shall begin on or after September 15, 1998 as determined by the E-911 Board, and in accordance with criteria for implementation established by the department. The secretary of administration, in conjunction with the E-911 board, shall provide information to the general assembly by January 1999 assessing the costs to the state of funding all call taking functions in the existing public safety answering points, and the potential sources of funding available to the state for this purpose.

Sec. 81b. E-911 FISCAL POLICY

  (a) The provisions of this section shall apply in fiscal year 1999 to:

    (1) any universal service charge funds appropriated to the enhanced 911 board but allocated for expenditure by, or for the benefit of any other unit of government, including the department of public safety; and

    (2) any other funds appropriated to any other unit of government, including the department of public safety, for enhanced 911 purposes.

  (b) Prior to appropriation, any other unit of government seeking an allocation or appropriation of funds subject to the provisions of this subsection shall request that the enhanced 911 board include such amounts in the board's annual budget request on or before October 1 of the fiscal year preceding the year of proposed expenditure.

  (c) After appropriation, on or before August 1 of each year such other unit of government shall report to the enhanced 911 board on the unit's proposed expenditures for the current fiscal year, in a manner prescribed by the board, including in the case of the department of public safety a proposal for the itemized costs solely attributable to dispatchoperations, and the incremental costs solely attributable to enhanced 911 purposes.

  (d) After appropriation, any request by such other unit of government to the enhanced 911 board for the allocation of funds appropriated to the board shall be accompanied by the unit's certification that the funds will be expended on costs solely attributable to enhanced 911 purposes. After funds are allocated by the board, such other unit of government shall file with the board quarterly documented and itemized invoices on the expenditure of such funds.

  (e) After appropriation, any expenditure by any other unit of government of any other funds subject to the provisions of this subsection shall be accompanied by the unit's certification to the enhanced 911 board that the funds have been expended on costs solely attributable to enhanced 911 purposes.

Sec. 82. [DELETED.]

Sec. 83.  Public safety - emergency management
  Personal services779,778
  Operating expenses385,932
 Source of funds
  General fund141,259
  Transportation fund69,518
  Federal funds1,215,291
  Special funds340,593

Sec. 83a. [DELETED.]

Sec. 84.  Agriculture, food and markets - administration
  Personal services539,574
  Operating expenses88,150
 Source of funds
  General fund683,471
  Special funds55,266
  Interdepartmental transfer157,858

  The Vermont pesticide advisory council shall post a notice, agenda and minutes of all of its meetings, as well as a list of permits issued to spray herbicides along rights-of-way, on the Internet site maintained by the department of agriculture, food and markets, in addition to other methods of notification.

Sec. 85.  Agriculture, food and markets - agriculture development
  Personal services421,326
  Operating expenses113,013
 Source of funds
  General fund375,190
  Special funds346,878
  Interdepartmental transfer50,000

Sec. 86.  Agriculture, food and markets - animal and dairy
  Personal services1,233,239
  Operating expenses 241,532
 Source of funds
  General fund 949,116
  Federal funds 502,622
  Special funds27,525

Sec. 87.  Agriculture, food and markets - plant industry, labs and consumer assurance
  Personal services1,553,107
  Operating expenses 365,211
 Source of funds
  General fund 564,531
  Transportation fund 43,082
  Federal funds 296,379
  Special funds1,034,369
  Interdepartmental transfer54,957

Sec. 88.  Agriculture - state stipend
  Grants 75,000
 Source of funds
  General fund 75,000

Sec. 89.  Agriculture - mosquito control
  Grants 90,000
 Source of funds
  Special funds 90,000

Sec. 90.  Public service - regulation and energy
  Personal services2,875,345
  Operating expenses 663,699
  Grants 285,000
 Source of funds
  Federal funds 764,443
  Special funds3,059,601

Sec. 91.  Public service - purchase and sale of power
  Personal services7,004
  Operating expenses650
 Source of funds
  Special funds7,654

Sec. 92.  Enhanced 9-1-1 Board
  Personal services1,953,059
  Operating expenses133,340
 Source of funds
  Special funds2,086,399

  The Enhanced 911 Board shall comply with all provisions of Title 30 V.S.A. chapter 87.

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

Sec. 93.  Public service board
  Personal services1,637,520
  Operating expenses275,000
 Source of funds
  Special funds1,912,520

  The establishment of two (2) exempt limited service positions - one (1) Paralegal and one (1) Utilities analyst - is authorized.

Sec. 94.  [DELETED.]

Sec. 95.  Judiciary
  Personal services16,025,649
  Operating expenses2,438,000
 Source of funds
  General fund14,343,438
  Transportation fund2,926,073
  Interdepartmental transfer1,196,138

Sec. 96.  Human rights commission
  Personal services 199,259
  Operating expenses 16,578
 Source of funds
  General fund 215,836
  Special funds1

Sec. 97.  Vermont radiological emergency response plan fund
  Other 300,000
 Source of funds
  Special funds 300,000

Sec. 98.  Vermont fire service training council
  Personal services 466,015
  Operating expenses 161,285
 Source of funds
  General fund 60,000
  Transportation fund 95,000
  Federal funds 50,000
  Special funds 271,000
  Interdepartmental transfer 151,300

  Of the above general fund appropriation, $30,000.00 shall be used to pay basic training tuition for firefighters.

  The establishment of two (2) permanent classified positions - one (1) Test and Exam Correction Clerk and one (1) Training Instructor Coordinator - is authorized in fiscal year 1999. The positions shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.
Sec. 99.  Total protection to persons and property117,131,557
 Source of funds
  General fund40,317,339
  Transportation fund26,412,878
  Federal funds16,446,012
  Special funds26,232,861
  Enterprise funds3,342,610
  Interdepartmental transfer4,379,857

Sec. 100.  Human services - agency of human services - central office
  Personal services2,536,187
  Operating expenses886,807
 Source of funds
  General fund3,481,947
  Federal funds4,584,643
  Special funds456,894

  Of the above grants appropriation, $60,000.00 shall be granted to Vermont Legal Aid to work on SSI eligibility determinations for children.

  The general funds appropriated by this section shall include $125,000.00 additional to the general fund amount received by the Success by Six Program in Bennington County.

  The above appropriation includes $25,000.00 general funds to be used by the secretary of the agency of human services to initiate programs during FY 99 which are designed to prevent and treat problem and compulsive gamblers in Vermont. The secretary shall submit a report to the 1999 General Assembly on these initiatives.


  The General Assembly supports and encourages the collaborative, reciprocal ventures undertaken by the Agency of Human Services, the Department of Education, the University of Vermont and their community partners in order to improve the lifelong well-being of all Vermonters. It creates a research partnership among the parties to study and improve the effectiveness of this collaborative work and gives permission for this research to be cooperatively funded by the partners.

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

  On or before February 15, 1999, the Secretary of the Agency of Human Services and the Commissioner of Education shall file a written report with the General Assembly regarding the development and accomplishments of state and regional partnerships, the status of outcomes on a state and local level, and the findings of research undertaken. The Secretary and Commissioner shall also make recommendations for improving existing state, regional and local partnerships based on the outcome research data.

Sec. 102.  Rate Setting
  Personal services488,292
  Operating expenses61,117
 Source of funds
  Interdepartmental transfer549,409

Sec. 103.  Human services board
  Personal services199,956
  Operating expenses15,800
 Source of funds
  General fund82,799
  Federal funds105,157
  Interdepartmental transfer27,800

Sec. 104.  Corrections - administration
  Personal services1,279,837
  Operating expenses323,639
 Source of funds
  General fund1,564,562
  Federal funds2,137,282

  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. 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.

  The commissioner may not impose any moratorium on any particular type of work performed by Vermont correctional industries, without consultation with the offender work programs board, and approval of the Legislature or the Joint Fiscal Committee when the Legislature is not in session.

Sec. 105.  Corrections - parole board
  Personal services152,600
  Operating expenses64,866
 Source of funds
  General fund217,466

Sec. 106.  Corrections - corrections services
  Personal services37,685,033
  Operating expenses12,631,619
 Source of funds
  General fund48,188,275
  Transportation fund1,343,011
  Federal funds394,481
  Special funds274,500
  Interdepartmental transfer246,385


  The establishment of forty-six (46) permanent classified positions - one (1) Community Service Work Supervisor, one (1) Security Operations Supervisor, two (2) Administrative Assistant B, one (1) Shift Supervisor, ten (10) Correctional Officer I, ten (10) Correctional Officer II, thirteen (13) Correctional Service Specialist II, and eight (8) Correctional Officer III - is authorized in fiscal year 1998.

Sec. 106b. 28 V.S.A. § 101(10) is added to read:

  (10) To charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and outreach services to offenders, victims of crime, and the public.

Sec. 107.  Corrections - correctional facilities
  Special fund
  Personal services138,715
  Operating expenses276,900
 Source of funds
  Special funds415,615

Sec. 108.  Corrections - correctional education
  Personal services1,733,627
  Operating expenses359,215
 Source of funds
  General fund1,789,057
  Interdepartmental transfer303,785

Sec. 109.  Corrections - Vermont Correctional Industries
  Personal services900,104
  Operating expenses703,400
 Source of funds
  Enterprise funds1,603,504

Sec. 110.  Developmental disabilities council
  Personal services105,651
  Operating expenses29,963
 Source of funds
  Federal funds402,749

Sec. 111.  Health - administration and support
  Personal services1,679,927
  Operating expenses795,457
 Source of funds
  General fund1,188,270
  Federal funds1,224,340
  Special funds24,366
  Interdepartmental transfer38,408

Sec. 112. [DELETED.]

Sec. 113.  Health - health protection
  Personal services2,565,258
  Operating expenses668,580
 Source of funds
  General fund1,987,128
  Federal funds1,008,926
  Special funds184,000
  Interdepartmental transfer117,784

Sec. 114.  Health - health surveillance
  Personal services4,056,843
  Operating expenses1,541,010
 Source of funds
  General fund3,319,992
  Federal funds3,290,688
  Special funds828,723
  Interdepartmental transfer32,500
  Expendable trust10,000

  Of the above general fund appropriation, $300,000.00 shall be allocated for services to persons living with HIV/AIDS provided by AIDS services organizations through the AIDS services program in every county.


  $200,000.00 of the general fund appropriation in Sec. 114 of this act shall be used for all aspects of the HIV/AIDS Medication Assistance Program (AMAP) including the costs of prescribed medications, related laboratory testing, and maximum cost effectiveness for the program.

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

  The secretary is directed to convene an AMAP advisory committee to be comprised ofno less than 50 percent of members who are living with HIV. The committee shall make recommendations regarding the programs formulary of approved medications, related laboratory testing and eligibility criteria for the program.

Sec. 116.  Health - health improvement
  Personal services2,751,032
  Operating expenses690,559
 Source of funds
  General fund1,966,418
  Federal funds5,057,715
  Special funds433,840
  Interdepartmental transfer259,988

  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.

Sec. 117.  Health - community public health
  Personal services7,592,309
  Operating expenses1,193,965
 Source of funds
  General fund3,148,997
  Federal funds14,178,307
  Special funds276,000
  Interdepartmental transfer314,765

Sec. 118.  Health - alcohol and drug abuse programs
  Personal services2,694,874
  Operating expenses402,746
 Source of funds
  General fund2,903,627
  Federal funds7,810,093
  Special funds408,000
  Interdepartmental transfer62,000

  The Vermont department of health's office of alcohol and drug abuse programs shall submit a plan to the 1999 legislature toward increasing the qualifications, knowledge, skills and ability of certified alcohol and drug clinicians to provide adolescent and family therapy.

Sec. 119.  Social welfare - administration
  Personal services23,494,820
  Operating expenses11,804,061
 Source of funds
  General fund12,767,083
  Federal funds25,174,831
  Special funds3,356,399

Sec. 119a. 32 V.S.A. § 308b is added to read:


  (a) There is created within the general fund a human services caseload management reserve. Expenditures from the reserve shall be subject to an appropriation by the general assembly or approval by the emergency board. Expenditures from the reserve shall be limited to agency of human services caseload related needs primarily in the departmentsof social welfare, social and rehabilitation services, and developmental and mental health services.

  (b) The secretary of administration may transfer to the human services caseload reserve any general fund carry-forward directly attributable to aid to needy families with children (ANFC) caseload reductions and the effective management of related federal receipts. A report on the transfer of any such carry-forward to the reserve shall be made to the joint fiscal committee at its first meeting following September 1 of each year.

  (c) Beginning in 1999 and each year thereafter, the secretary of human services and the secretary of administration shall jointly present to the general assembly at the time of the governor's annual budget report an initial estimate of carry-forward which would be generated during the current fiscal year for transfer to the human services caseload management reserve. This estimate shall be the maximum amount attributable to ANFC caseload management reductions and the effective management of related federal receipts, as calculated by the secretary of human services.

Sec. 120.  Social welfare - aid to needy families with children
 Source of funds
  General fund16,217,899
  Federal funds29,343,909
  Special funds 2,100,000

  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.


  The State of Vermont adopts the Family Violence option at section 402(a)(7) of thePersonal Responsibility and Work Opportunity Reconciliation Act of 1996.

  No later than May 1, 1998, the secretary of human services, in consultation with the commissioner of social welfare, shall file proposed rules for the aid to needy families with children (ANFC) program that specify the conditions under which the department shall waive, temporarily (consistent with federal law) and pursuant to a determination of good cause, program requirements, as specified by rule, in instances in which the parent, other caretaker, or child in the parent or other caretaker's care is or has been a victim of family violence as defined in section 408(a)(7)(C)(iii) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The determination of good cause which shall be made by the commissioner or his or her designee shall be based on an individualized assessment of the family's circumstances. Such assessment shall evaluate whether, due to the effects of the family violence, fulfillment of the program requirement can be reasonably anticipated to result in s erious physical or emotional harm to the parent or other caretaker that significantly impairs his or her capacity either to fulfill the instant program requirement or to care for the child adequately, or can be reasonably anticipated to result in serious physical or emotional harm to the child. These rules shall be filed and adopted in accordance with the provisions of 3 V.S.A. chapter 25.

  No later than 30 days following the effective date of the rules adopted pursuant to this section, the commissioner of social welfare shall submit to the federal department of Health and Human Services an amendment to Vermont's Temporary Assistance for Needy families (TANF) state plan that includes the adopted rules relating to family violence and the department's implementation plan for having fully operational, statewide procedures for screening and identifying individuals applying for or receiving ANFC benefits who have been victims of family violence, referral of these individuals to counseling and supportive services, and informing them of the department's rules relating to family violence while protecting confidentiality. Such plan shall include the staff training activities that shall be carried out to support sensitive and effective application of the new rules and procedures relating to victims of family violence. Such training shall be developed and carried out with assistance fro m the Vermont Network Against Domestic Violence and Sexual Assault.

Sec. 122.  Social welfare - aid to aged, blind and disabled
 Source of funds
  General fund10,594,628

Sec. 123.  Social welfare - Medicaid
 Source of funds
  General fund72,556,546
  Federal funds192,350,046
  Special funds38,802,711

  Of the above general fund appropriation, $200,000.00 shall be used to add the provision of dentures to the adult dental program which shall be matched with available federal funds.

  Notwithstanding section 254 of Title 18 (Co-payment), any person eligible for assistance under Chapter 6 of Title 18 shall be subject to the same co-payment requirements that exist under Subchapter 1 of Chapter 19 of Title 33 (Medicaid).

  The commissioner shall track enrollment on a monthly basis and shall cease enrollment, if necessary, in order to ensure that enrollment does not exceed allocated funds for this program. Of the above appropriation, $1,393,922.00 is allocated to fund the pharmaceutical assistance program. In the event that enrollment is closed due to cost pressures, when enrollment is reopened, it shall be done in a manner that gives priority to lower income applicants. The provisions of this and the preceding paragraph shall not become effective until Vermont's Title XIX agency has received approval from the federal Health Care Financing Administration for the inclusion of this benefit in its Vermont Health Access Plan waiver. In the event that such approval is not forthcoming, the present 50 percent benefit level of the VScript program shall not be reduced without prior approval of the Emergency Board. The Emergency Board may not transfer VHAP trust funds to this appropriation to support VScript. In no event shall additional VHAP trust funds above what is authorized by Act 14 of 1995 be used for VScript.

  Notwithstanding other provisions of law, the commissioner shall have the authority to establish by rule, program premiums and cost sharing requirements for individuals and households eligible for medical assistance under either the provisions of Title XIX or Title XXI of the Social Security Act, whichever is applicable. Program premiums and cost sharing requirements may be adjusted periodically by rule based on inflation or program changes.

  Premiums collected from these Titles XIX and XXI eligible individuals and households shall be credited to a special fund and shall be available to the department to offset the costs of providing services.

  The department shall, by rule, establish an exemption from Medicaid estate recovery for a homestead of modest value. Modest value shall be defined as the highest value for which the department can receive approval from the health care financing administration (HCFA) or that value which assures revenue neutrality when considered in conjunction with the recent Medicaid rule changes relating to revocable trusts, whichever is lower.

The exemption shall apply to all homes, but only up to the modest value, as defined herein, in the event that the department receives HCFA approval for such exemption. Additionally, the exemption shall apply only when the homestead would pass either to a lineal heir or to an individual who demonstrates to the department's satisfaction that the individual provided care to the decedent that permitted him or her to reside at home rather than in an institution for at least two years. The department shall discuss these matters fully with HCFA and involve affected consumer groups in these discussions. The exemption policy specified herein shall become effective for probate estates opened after January 1, 1999, or the effective date of the Title XIX state plan amendment setting forth this exemption policy and approved by HCFA, whichever is later.


  (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 1999.

Sec. 124.  Social welfare - general assistance
 Source of funds
  General fund3,173,798
  Federal funds486,320
  Special funds1

  From the above appropriation, maximum payment to a one-person household recipient of General Assistance for groceries and personal needs shall be increased from $10.50 to $14.00 per week with maximum amounts for shorter and longer time periods and larger households adjusted accordingly.

  $250,000.00 in federal funds is appropriated to provide assistance to families who demonstrate that they are faced with a reasonably preventable loss of housing and who meet state requirements for this assistance, as established by regulation. In addition, the commissioner shall, by regulation, fix maximum amounts of aid; limit provision of this assistance to an individual family to no more than one time in a 12-month period; require that payment of this assistance to a property owner or mortgage holder is contingent upon his or her pursuing no action to evict or otherwise cause the family to relocate on the basis of obligations remaining on the date of payment; and act to insure that the expenditures for this assistance shall not exceed the appropriation for it. Assistance under this provision is not an entitlement and shall cease upon expenditure of these allocated funds.

  Upon receipt of an application for the assistance authorized herein, the department shall determine whether the family's circumstances constitute a good cause basis for having a rental or mortgage arrearage. Such good cause shall correspond to the circumstancesdescribed in Welfare Assistance Manual 2235.1, B. 2. or 3., except that 3. shall be modified for both programs to include a standard employment expense deduction, a family member's actual school expenses, and out-of-pocket medical or work-related child care expenses. Families whose circumstances constitute a good cause basis for the arrearage, as defined above, shall be eligible for up to two months' actual rent or mortgage payment owed. Families whose circumstances do not constitute a good cause basis for the arrearage shall be eligible for no more than one month's actual rent or mortgage payment owed. Families whose circumstances do not meet either of the good cause criteria may not receive a second or subsequent grant of rental or mortgage arrearage assistance on the same basis (absence of good cause) until at least 36 months have elapsed since the most recent receipt of such assistance.

  When the application for assistance is for an ANFC-recipient family, the department shall: (1) make a determination under Welfare Assistance Manual 2235.1; (2) initiate rent vendor payments where indicated; and (3) subsequent to its determination and appropriate follow-up described in (1) and (2) above, make its finding on the ANFC-recipient family's eligibility for rental arrearage assistance. Potential eligibility for rental arrearage assistance shall neither nullify nor affect, in any other way, any determination made under Welfare Assistance Manual 2235.

Sec. 125.  Social welfare - food stamp cash out
  Grants 5,368,583
 Source of funds
  Federal funds5,368,583

Sec. 126.  Social welfare - home heating fuel assistance/LIHEAP
  Personal services 118,000
  Operating expenses50,000
 Source of funds
  Special funds5,797,476


  (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 1999, and all unexpended LIHEAP funds granted to the state in fiscal year 1998, are hereby transferred to the Home Heating Fuel Assistance Trust Fund for the provision of home heating fuel assistance, including program administration, under chapter 26 of Title 33.

  (b) For the purposes of a crisis set aside, seasonal home heating fuel assistance through December 31, 1998, 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 1998-1999 crisis set aside and seasonal home heating fuel assistance through December 31, 1998, and LIHEAP funds awarded as of December 31, 1998 for fiscal year 1999 do not exceed $2,550,000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 1999. Notwithstanding any o ther 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, 1998 the commissioner of finance and management may anticipate receipts into the Home Weatherization Assistance Trust Fund.


  (a) The secretary of human services is authorized to adopt rules under the expeditious rule-making procedures provided in this section in order that changes reflected in this act to programs administered by the department of social welfare may be implemented by July 1, 1998. 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, 1998, all rules necessary to do the following:

    (1) Exempt all individuals domiciled in the state of Vermont from the implementationof section 115(a) of Public Law 104-193 through June, 30, 1999.

    (2) Establish the co-payment for fiscal year 1999 for which eligible recipients of pharmaceutical assistance to elderly and disabled Vermonters (VScript) are responsible.

    (3) Implement back rent assistance program.

    (4) Add complete upper or lower denture as a Medicaid-covered service and exempt these dentures from the $400.00 annual dental benefit maximum. Neither dental implants nor partial plates are included in this benefit expansion.

    (5) Increase the General Assistance allowance for groceries and personal needs.

    (6) Implement rental or mortgage arrearage assistance program, as defined in Sec. 124 of this act.

    (7) Subject to HCFA approval, modify Medicaid estate recovery policy to exempt homesteads of a modest value.

    (8) Modify the ANFC rent vendor payment rule at Welfare Assistance Manual 2235.1, consistent with references to this rule in Sec. 124 of this act.

  (b) Such rules may be adopted by filing them in proposed form with the secretary of state under 3 V.S.A. § 838, with one formal publication by the secretary of state, instead of two; a single public hearing occurring no sooner than seven days following the single formal publication; and comment provided for consistent with 3 V.S.A. § 840, except that the deadline for comment shall be the date on which the public hearing occurs; and by filing them in final form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841. 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 s upersede 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. 129.  Office of economic opportunity
  Personal services495,191
  Operating expenses104,622
 Source of funds
  General fund568,345
  Special funds4,178,934
  Interdepartmental transfer302,290

  Of the above general fund appropriation, $260,400.00 shall be granted to community agencies for homeless assistance by preserving existing services or increasing resources available statewide. These funds may be granted either alone or in conjunction with federal McKinney Emergency Shelter funds. Grant decisions shall be made with assistance from the Coalition of Homeless Vermonters.

  Of the above general fund appropriation, $50,000.00 shall be granted to the Vermont Campaign to End Childhood Hunger for child nutrition programs.

Sec. 130.  Office of child support services
  Personal services5,397,034
  Operating expenses1,545,032
 Source of funds
  General fund835,667
  Federal funds5,311,537
  Special funds1,694,862


  On or before January 15, 1999, the office of child support shall report its findings with regard to its federally-funded study of the child support guidelines to the general assembly,together with recommendations, if any, for legislative action. In the interim, the office shall keep the committees on judiciary, health and welfare, and appropriations in the house and senate apprised of the progress of its review. The office shall file interim reports with the committees on or before April 15, 1998 and September 15, 1998.

Sec. 131.  Social and rehabilitation services - administrative and support services
  Personal services1,600,429
  Operating expenses211,156
 Source of funds
  General fund873,168
  Federal funds938,417

Sec. 132.  Social and rehabilitation services - disability determination services
  Personal services2,106,733
  Operating expenses529,486
 Source of funds
  Federal funds2,236,219
  Interdepartmental transfer400,000

Sec. 133.  Social and rehabilitation services - social services
  Personal services11,935,756
  Operating expenses1,827,508
 Source of funds
  General fund20,270,676
  Federal funds27,778,744
  Special funds1,122,675

Sec. 134.  Social and rehabilitation services - Woodside juvenile rehabilitation center
  Personal services1,617,710
  Operating expenses260,579
 Source of funds
  General fund1,795,993
  Interdepartmental transfer82,296

Sec. 135.  Social and rehabilitation services - child care services
  Personal services942,584
  Operating expenses301,579
 Source of funds
  General fund4,911,887
  Federal funds13,708,775
  Special funds173,000

Sec. 136.  Developmental and mental health services - central office
  Personal services1,589,272
  Operating expenses282,959
 Source of funds
  General fund869,836
  Federal funds1,002,395

Sec. 137.  Developmental and mental health services - community mental health
  Personal services1,382,482
  Operating expenses112,442
 Source of funds
  General fund16,613,178
  Federal funds28,200,658
  Special funds2,436,813
  Interdepartmental transfer1,135,497

Sec. 138.  Developmental and mental health services - developmental services
  Personal services2,395,783
  Operating expenses368,602
 Source of funds
  General fund23,798,063
  Federal funds37,273,151
  Special funds546,253
  Interdepartmental transfer221,250



  The Developmental and Mental Health Services Risk Pool Special Fund is hereby established for the Community and Rehabilitation Treatment (CRT) and Developmental Service (DS) programs. The purpose of the fund is to establish a financial reserve to be allocated to the designated provider system based on predetermined criteria such as, but not limited to, unforeseen catastrophic losses, increased caseloads and unanticipated needs of clients. The source of funds shall be from the department of developmental and mental health appropriations. All interest earned and amounts deposited in this account shall accrue to the benefit of the above program and shall not be used for any other purpose. Payments from the fund shall be made for the purposes stated above, as determined by the commissioner of developmental and mental health services. This special fund shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and the commissioner of developmental and mental health services shall adopt rules under the Administrative Procedure Act set out in chapter 25 of Title 3, to implement this section.

Sec. 138b. 33 V.S.A.§ 4304a(c) is amended to read:

  (c) The state interagency team shall recommend to the governor a list of potential board members. The governor shall appoint from that list *[*[five]*]* three parents of children or adolescents with a severe emotional disturbance, *[*[five]*]* three advocates from organizations working on behalf of children and adolescents with a severe emotional disturbance and *[*[five]*]* three professionals in related fields or service organizations.

Sec. 139.  Developmental and mental health services - Vermont state hospital
  Personal services7,702,922
  Operating expenses895,444
 Source of funds
  General fund2,783,709
  Federal funds5,825,998
  Special funds70,000

Sec. 140.  Aging and disabilities - administration and support
  Personal services8,227,458
  Operating expenses1,614,816
 Source of funds
  General fund2,431,905
  Federal funds7,255,369
  Special funds155,000

  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. 141.  Aging and disabilities - vocational rehabilitation
 Source of funds
  General fund1,131,745
  Federal funds3,630,963
  Special funds100,000

Sec. 142.  Aging and disabilities - blind and visually impaired
 Source of funds
  General fund372,106
  Federal funds640,366
  Special funds120,000

  Of the above general fund appropriation, $100,000.00 shall be used by the division for the blind and visually impaired for the purpose of providing independent living skills training to older Vermonters with visual impairments. To the extent possible, these funds will be used to match Medicaid funding for targeted case management and compensatory skills instruction for persons with visual impairment.

Sec. 143.  Aging and disabilities - division of advocacy and independent living
 Source of funds
  General fund4,380,227
  Transportation fund522,000
  Federal funds5,380,796
  Interdepartmental transfer60,000

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

  Of the funds redirected under authority of Act 160 of 1996 beyond what is required to sustain FY'98 spending obligations through FY'99, $75,000.00 shall be expended onhome modification services.

  The agency of human services shall provide coverage of up to $500.00 per year for Assistive Devices and Modifications as approved by the Health Care Financing Administration in its renewal of Vermont's Sec. 1915(c) Medicaid Home and Community Based Services Waiver. In providing this coverage AHS shall not require documentation that provision of Assistive Devices and Modifications will result in cost avoidance of other Medicaid expenditures.

  Of the appropriation provided for in this section, $150,000.00 in general funds shall be used to provide new respite care services grants for Alzheimer's patients and their caregivers.

  The $150,000.00 funds, appropriated by this section, shall be used by the department of aging and disabilities to establish a program that provides the following services to individuals who provide in-home care to people with Alzheimer's Disease or other dementia:

    (1) Intermittent, planned or emergency respite services for the caregiver.

    (2) Maintenance of a registry of trained caregivers.

    (3) Training for the respite caregivers and their families.

    (4) Support services that are identified by the department, by rule, that are directly related to providing care to a functionally dependent adult suffering from chronic dementia. Supportive services include:

    (A) Counseling and caregiver counseling, education and training by a statewide organization with expertise in Alzheimer's Disease.

    (B) Reimbursement to primary caregivers whose households financially qualify for assistance as determined by rule, for expenses incurred in obtaining day or nighttime respite services.

    (5) Adequate and appropriate assistance to the caregiver to maintain the patient at home.

  This program shall be available, utilizing a sliding fee scale, to families whose income is less than 200 percent of the federal poverty level. The benefit shall not exceed $2,000.00 per family per year.

Sec. 144.  Children's trust fund
 Source of funds
  General fund109,748
  Federal funds231,280
  Special funds2,800

  At least 65 percent of the state appropriation for the Children's trust fund will be awarded for community-based programs activities for the broad range of child abuse and neglect prevention activities.

Sec. 145.  Governor's commission on women
  Personal services228,640
  Operating expenses49,416
 Source of funds
  General fund177,743
  Federal funds95,313
  Special funds 5,000

Sec. 146.  Retired senior volunteer program
 Source of funds
  General fund101,500

Sec. 147.  Disabled and needy veterans
  Personal services1,800
  Operating expenses900
 Source of funds
  General fund30,000

Sec. 148.  Vermont veterans' home - care and support services
  Personal services7,868,436
  Operating expenses2,106,370
 Source of funds
  General fund1,006,907
  Federal funds2,432,246
  Special funds 6,535,653

Sec. 149.  Vermont association for blind and visually impaired, inc.
 Source of funds
  General fund23,500

Sec. 150.  Independence fund
 Source of funds
  General fund1

  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 of the redirected funds in fiscal year 1999 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. 151. Total human services785,435,419
 Source of funds
  General fund268,234,396
  Transportation fund1,990,011
  Federal funds438,587,710
  Special funds70,905,641
  Interdepartmental transfer4,154,157
  Enterprise funds1,603,504
  Expendable trust10,000

Sec. 152.  Employment and training
  Personal services16,961,916
  Operating expenses7,215,716
 Source of funds
  General fund302,636
  Federal funds24,602,000
  Special funds96,996
  Interdepartmental transfer2,522,000


  There is appropriated from the general fund for fiscal year 1999 to the department of employment and training the amount of $85,000.00 for the operations of the human resources investment council.
Sec. 152b.  Total employment and training27,608,632
 Source of funds
  General fund387,636
  Federal funds24,602,000
  Special funds96,996
  Interdepartmental transfer2,522,000

Sec. 153.  Education - Policy, Planning, Operations and Finance
  Personal services1,813,293
  Operating expenses363,467
 Source of funds
  General fund1,529,513
  Federal funds4,358,250
  Special funds3,178
  Interdepartmental transfer1,441

Sec. 153a. 16 V.S.A. § 1073(b) is amended to read:

  (b) No legal pupil, including a married, pregnant or postpartum pupil, shall be deprived of or denied the opportunity to participate in or complete an elementary and secondary public school education. Notwithstanding the provisions of sections 822 and 1075 of this title, for reasons related to the pregnancy or birth, a pregnant or postpartum pupil may attend any approved public school in Vermont or an adjacent state, approved independent school in Vermont, or other educational program approved by the state board. The commissioner shall pay the educational costs for a pregnant or postpartum pupil attending a state board approved educational program in a 24-hour residential facility for up to eight months after the birth of the child. The commissioner may approve extension of payment of educational costs based on a plan for reintegration of the student into the community or for exceptional circumstances as determined by the commissioner. The district of residence of a pupil in a 24-ho ur residential facility shall remain responsible for coordination of the pupil's educational program and for planning and facilitating her subsequent educational program.


  (a) The general assembly recognizes that the preservation of our democratic society depends on a citizenry knowledgeable about its government and actively participatingin the democratic process. The general assembly also recognizes that currently many citizens are not knowledgeable about their Constitution and government and do not participate in the process. Therefore, the general assembly intends to provide assistance for schools to participate in the nationally acclaimed civic education program about the history and philosophy of the United States Constitution and Bill of Rights, "We the People . . . The Citizen and the Constitution".

  (b) The amount of $10,000.00 in general funds are appropriated to the commissioner of education to be used as follows:

    (1) $7,500.00 is to be awarded on a matching basis to schools to enable them to pay for curricular materials and training and delivery of the program AWe the

People . . . The Citizen and the Constitution@, and

    (2) $2,500.00 is to be awarded to the school that wins the state "We the

People . . . The Citizen and the Constitution" competition to be used for travel and participation in national competition.

  (c) The commissioner of education shall appoint a five-person advisory board to help to develop an application process, develop selection procedures and criteria, and to advise the commissioner on oversight and promotion of the "We the People . . . The Citizen and the Constitution" program in Vermont.

Sec. 154.  Education - school and instructional support
  Personal services2,692,563
  Operating expenses888,515
 Source of funds
  General fund4,380,399
  Transportation fund639,932
  Federal funds7,955,884
  Special funds404,069
  Interdepartmental transfer114,809

Sec. 155.  Education - family and educational support
  Personal services1,464,088
  Operating expenses624,902
 Source of funds
  General fund1,645,054
  Federal funds42,127,792
  Special funds20,800
  Interdepartmental transfer152,956

Sec. 156.  Education - licensing
  Personal services154,307
  Operating expenses77,922
 Source of funds
  Special funds368,379

Sec. 157.  Education - adult basic education
 Source of funds
  General fund2,256,738
  Federal funds706,000

Sec. 158.  Education - career and lifelong learning
  Personal services1,047,363
  Operating expenses231,670
 Source of funds
  General fund966,885
  Education fund6,878,308
  Federal funds4,856,534
  Special funds82,600
  Interdepartmental transfer 769,278

  The appropriations in this section shall be authorized notwithstanding sections 1561, 1563, 1565, 1566 and 1567 of Title 16.


  (a) 16 V.S.A. § 4025(b) and (c) are amended to read:

  (b) Moneys in the education fund shall be *[*[paid]*]* used for the following:

    (1) To make payments to school districts and supervisory unions for the support of education in accordance with the provisions of section 4028 of this title, other provisions of this chapter, and the provisions of chapter 135 of Title 32.

    (2) To cover the cost of short term borrowing to meet fund cash flow requirements.

    (3) To make payments required under sections 6066(a)(1) and (2) and 6066 (b) of chapter 154 of Title 32.

  The state treasurer shall withdraw funds from the education fund upon warrants issued by the commissioner of finance and management based on information supplied by the commissioner of taxes. The commissioner of finance and management may draw warrants for disbursements from the fund in anticipation of receipts. All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest accruing from the fund shall remain in the fund.

  (c) An equalization and reappraisal account is established within the education fund. Moneys from this account are to be used by the division of property valuation and review *[*[for staff, equipment, lister training and administration of the equalization studies pursuant to section 5405 of Title 32, and]*]* to assist towns with maintenance orreappraisal on a case-by-case basis; and for reappraisal payments pursuant to section 4041a of Title 32, and equalization studies pursuant to section 5405 of Title 32 *[*[and for reappraisal payments pursuant to section 4041a of Title 32]*]*.

  (b) 16 V.S.A. § 4028(b) is amended to read:

    (b) Payments made for special education under chapter 101 of this title and for technical education under chapter 37 of this title and for other aid and categorical grants paid for support of education shall also be from the education fund.


  There is appropriated in fiscal year 1999 from the general fund for transfer to the education fund the amount of $224,804,875.00.

Sec. 161.  Education - small school grants
 Source of funds
  Education fund1,035,368

Sec. 162.  Education - special education: formula grants
 Source of funds
  Education fund40,394,517

  Notwithstanding the provisions of 16 V.S.A. § 2969 or any other provisions of law, the reimbursements and grants pursuant to 16 V.S.A. § 2967 for fiscal year 1999 costs incurred by school districts shall be paid partially from the fiscal year 1999 appropriation and partially from the fiscal year 2000 appropriation. The fiscal year 1999 appropriation will cover the final reimbursements for fiscal year 1998 with the remainder available for reimbursements for fiscal year 1999 grants and reimbursements. Funds distributed to school districts for fiscal year 1999 expenses but to which the school districts were not entitled based on the final reports for fiscal year 1999 shall not be considered as part of the total expenditures for fiscal year 1999 under the 60 percent state funding provision of 16 V.S.A. § 2967. Such funds held by the local school districts shall be treated as expenditures in fiscal year 2000.

  Notwithstanding any provision to the contrary, the funding for 16 V.S.A. § 2969(c) for fiscal year 1999 shall not exceed $380,000.00 and the funding for 16 V.S.A.

§ 2969(d) for fiscal year 1999 shall not exceed $285,000.00. However, for the calculation of the 60 percent state share for school year 1998-1999 under 16 V.S.A. § 2967, the amounts of $660,000.00 and $495,000.00 shall be used respectively for those two programs.

  Notwithstanding any provisions to the contrary, the department of education shall increase the IDEA-B funds which it distributes as flow through funds to supervisory unions by $405,651.00 for fiscal year 1999. This increase in federal funding for school districts shall be counted as State funds and as part of the formula eligible cost in the 60 percent State funding calculation under 16 V.S.A. § 2967.


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

Sec. 164.  Education - state-placed students
 Source of funds
  Education fund6,445,000

Sec. 164a. Sec. 163 of No. 61 of the Acts of 1997, as amended by Sec. 36 of No. 66 of the Acts of 1998, is further amended to read:

  Sec. 163. Education - wards of the state
  Grants *[*[6,250,000]*]*6,634,000
 Source of funds
  General fund6,250,0006,250,000
  Federal funds 347,272
  Special funds36,728

  In addition to the above appropriation, there is transferred to education - wards of the state from education - family and education support, the general fund amount of $16,000.00.

Sec. 165.  Education - school construction aid - past state obligations
 Source of funds
  Education fund7,000,000

Sec. 166.  Education - construction interest aid
 Source of funds
  Education fund300,000

Sec. 167.  Education - capital debt service aid
 Source of funds
  Education fund11,089,308

Sec. 168.  Education - transportation
 Source of funds
  Education fund10,827,821


  There is appropriated from the education fund for fiscal year 1999 to the department of education $203,760,000.00 for education grants to school districts as required by Sec. 24 of No. 60 of the Acts of 1997. Such grants shall provide in fiscal year 1999 a total statewide average education grant per equalized pupil of $5,282.00. Should the amount appropriated in this section be insufficient, there is appropriated suchadditional amounts as determined necessary by the commissioner of finance and management to fully fund the statutory block grant requirements under 16 V.S.A. § 4028.


  There is appropriated from the education fund for fiscal year 1999 to the department of education $14,870,000.00 for local share property tax payments to school districts as required by 16 V.S.A. § 4028(a)(2). Should the amount appropriated in this section be insufficient, there is appropriated such additional amounts as determined necessary by the commissioner of finance and management to fully fund the local share property tax payments required under 16 V.S.A. § 4028.

  Of the above appropriation an amount not to exceed $1,039,000.00 shall be utilized to ensure that, for the purposes of determining the state contribution for local share property tax payments, every town will have a minimum effective equalized grand list per equalized pupil of at least $2,950.00. In the event that this $1,039,000.00 amount is insufficient, the minimum equalized grand list per equalized pupil shall be reduced from $2,950.00 as necessary.


  Subsection (d) of Sec. 50 of No. 60 of the Acts of 1997 is amended by striking the second sentence in its entirety, and by inserting in lieu thereof a new sentence to read as follows: In fiscal year 1999, for property tax reduction benefits provided under subsection (a) of this section as a result of the application of the 35 cent cap on the equalized education property tax rate, and for property tax reduction benefits provided under subsection (c) of this section, the total amount of reduction of education property tax liability for a taxpayer for all property owned by the taxpayer in that municipality shall not exceed the amount of $5,000.00.


  (a) There is appropriated from the general fund for fiscal year 1999 to the department of education the amount of $300,000.00 for the implementation of No. 60of the Acts of 1997 and to pay the compensation and expenses of the fiscal reviewer established by Sec. 33(a) of that act.

  (b) There is appropriated from the education fund for fiscal year 1999 to the state treasurer's office the amount of $1,900,000.00 to pay the interest on any short-term borrowing required in the operation of the education fund.

Sec. 172.  State teachers' retirement system
  Personal services6,078,983
  Operating expenses128,018
 Source of funds
  General fund18,080,000
  Retirement trust fund6,207,001

  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 1999. Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers' retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between the Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO.


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

Sec. 174.  Tax department - homestead property tax income sensitivity adjustments
 Source of funds
  General fund3,529,417
  Transportation fund3,035,083
  Special funds635,500
  Education fund78,070,000

  The above special funds shall be from account number 0601081000 (property tax rebate trust fund).

  Should the amount appropriated in this section be insufficient, there is appropriated such additional amounts as determined necessary by the commissioner of finance and management to fully fund the statutory obligations for homestead property tax income sensitivity adjustments.
Sec. 175.  Total general education and property tax support714,832,689
 Source of funds
  General fund257,502,881
  Transportation fund3,675,015
  Education fund384,890,322
  Federal funds60,004,460
  Special funds1,514,526
  Retirement trust fund6,207,001
  Interdepartmental transfer1,038,484

Sec. 176.  University of Vermont
 Source of funds
  General fund28,253,036

  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 fifteenth of each calendar month of the year.

  $250,000.00 of the above increase over FY 98 appropriation shall be used to provide increased aid to in-state students.

Sec. 176a. [DELETED.]

Sec. 177.  University of Vermont - Morgan horse farm
 Source of funds
  General fund1

Sec. 178.  Vermont educational television
 Source of funds
  General fund563,750

Sec. 179.  Vermont state colleges
 Source of funds
  General fund16,092,000

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

  $250,000.00 of the above increase over FY 98 appropriation shall be used to provide increased aid to in-state students.

  Of the above appropriation, $100,000.00 shall be reserved for use as the state's fiscal year 1999 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 1999 appropriation will be the third 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 three dollars 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 commissioner of finance andmanagement. 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. 180.  Vermont state colleges - practical nursing schools
 Source of funds
  General fund481,000

Sec. 181.  Vermont interactive television
 Source of funds
  General fund743,125

Sec. 182.  Vermont student assistance corporation
 Source of funds
  General fund12,926,951

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


  There is hereby created a commission on higher education funding. Said commission shall focus on Vermont's goals for higher education, how the state can best utilize its limited resources to meet those goals, and design a framework for a multi-year plan to meet the future needs of Vermont and its people for affordable, accessible, and high quality post-secondary education programs. Specific goals to be addressed include,but are not limited to the following:

    (1) Recognize that post-secondary education is part of a total educational system from K-16 and beyond into lifelong learning;

    (2) Ensure that all Vermonters have access to affordable post-secondary education which best meets their needs, with special emphasis on first generation college attendees and on opportunities for lifelong learning;

    (3) Provide that the state's post-secondary institutions address the economic workforce needs of the state into the next century;

    (4) Provide an adequate and sustainable level of financial support for higher education to meet Vermonters' post-secondary needs, and determine the appropriate roles for the University of Vermont, Vermont State Colleges, and the Vermont Student Assistance Corporation as well as private institutions and technical centers.

  In its deliberations, the Commission shall consider relationships among higher education institutions in Vermont and within the region as well as other states' policies as they relate to Vermont. It shall also consider the findings of previous reports, economic and demographic trends, the status of post-secondary infrastructure, and the competitive environment in which it functions.

  The commission shall develop a report for submission to the Legislature with the Governors Fiscal 2000 Budget, in January 1999.

  The commission shall consist of fourteen members and be chaired by the secretary of administration and, in addition shall include:

    (1) The President of the University of Vermont or a designee;

    (2) The Director of the Vermont Student Assistance Corporation;

    (3) The Chancellor of the Vermont State Colleges;

    (4) A sitting president of a Vermont State College, appointed by the Chancellor in consultation with the Governor;

    (5) Two Presidents of independent colleges, selected by the Association of Independent Colleges in consultation with the Governor;

    (6) A representative of the Vermont Low Income Advocacy Council;

    (7) Two members at large appointed by the Governor;

    (8) Four legislative members, who shall be entitled to per diem expenses from the legislative appropriation, as follows:

    (A) Two members from the House appointed by the Speaker of the House;

    (B) Two members of the Senate appointed by the Committee on Committees.

  The commission shall be supported in its work by executive, legislative and higher education staff as appropriate to accomplish its agenda.

  The cost of the commission, including any costs for per diem and expenses for at-large members and the representative of the Low Income Advocacy Council, shall be equally apportioned among the following: the administration, the University of Vermont, Vermont State Colleges, the Vermont Student Assistance Corporation and the Association of Independent Colleges.

Sec. 183.  New England higher education compact
  Operating expenses72,605
 Source of funds
  General fund72,605

Sec. 184.  Education commission of the states
  Operating expenses39,600
 Source of funds
  General fund39,600

Sec. 185. Total higher education and other59,172,068
 Source of funds
  General fund59,172,068

Sec. 186.  Natural resources - agency of natural resources - administration, management and planning
  Personal services2,210,575
  Operating expenses1,355,794
 Source of funds
  General fund1,776,848
  Federal funds111,953
  Special funds953,712
  Interdepartmental transfer743,856

Sec. 187. [DELETED.]

Sec. 188.  Connecticut river watershed advisory commission
 Source of funds
  General fund19,000
  Federal funds9,000

Sec. 189.  Citizens' advisory committee on lake Champlain's future
 Source of funds
  General fund5,000

Sec. 190.  Natural resources - state land local property tax assessment
  Operating expenses975,009
 Source of funds
  General fund526,442
  Transportation fund218,567
  Interdepartmental transfer 230,000

Sec. 190a. 12 V.S.A. § 5794 as added by S.29 of the 1998 Session is amended by adding a new subsection (c) to read:

  (c) For the purposes of protecting landowners who make land available for recreational use to members of the public for no consideration pursuant to this chapter, the presence of one or more of the following on land does not by itself preclude the land from being Aopen and undeveloped@: posting of the land, fences, or agricultural or forestry related structures.

Sec. 191.  Environmental conservation - commissioner's office
  Personal services650,436
  Operating expenses86,778
 Source of funds
  General fund222,480
  Federal funds440,896
  Special funds73,838


  The total expenditure of up to $375,000.00 is authorized from the environmental contingency fund for remedial efforts associated with the clean up of the Barre coal tar site in Barre City.

Sec. 192.  Environmental conservation - environmental assistance
  Personal services1,227,669
  Operating expenses192,311
 Source of funds
  General fund483,904
  Federal funds198,315
  Special funds894,761

Sec. 193.  Environmental conservation - office of air and waste management
  Personal services3,663,105
  Operating expenses846,511
 Source of funds
  General fund477,380
  Transportation fund37,634
  Federal funds2,008,385
  Special funds2,462,209

Sec. 194.  Environmental conservation - office of water programs
  Personal services6,867,700
  Operating expenses1,052,142
 Source of funds
  General fund2,645,891
  Transportation fund169,655
  Federal funds3,503,254
  Special funds2,681,467
  Interdepartmental transfer253,100

Sec. 195.  Environmental conservation - various environmental special funds
 Source of funds
  Special funds4,532,796

Sec. 196.  Fish and wildlife - support and field services
  Personal services7,392,437
  Operating expenses3,942,315
 Source of funds
  Fish and wildlife fund11,146,000
  Interdepartmental transfer588,752

Sec. 197.  Fish and wildlife - land acquisition - land, structures, improvements
 Source of funds
  Fish and wildlife/federal funds225,000
  Fish and wildlife fund75,000

Sec. 198.  Fish and wildlife - watershed improvement
 Source of funds
  Fish and wildlife/special funds35,000

Sec. 199.  Forests, parks and recreation - administration
  Personal services840,268
  Operating expenses428,400
 Source of funds
  General fund1,089,168
  Federal funds383,500
  Special funds341,500
  Interdepartmental transfer57,500

Sec. 200.  Forests, parks and recreation - forest highway maintenance
  Personal services2,539
  Operating expenses346,000
 Source of funds
  Transportation fund548,539

Sec. 201.  Forests, parks and recreation - forestry
  Personal services3,297,642
  Operating expenses414,251
 Source of funds
  General fund2,312,653
  Transportation fund21,500
  Federal funds800,000
  Special funds436,000
  Interdepartmental transfer298,740

Sec. 202.  Forests, parks and recreation - rural community fire protection
 Source of funds
  Federal funds19,000

Sec. 203.  Forests, parks and recreation - senior community service employment
  Personal services36,000
  Operating expenses2,000
 Source of funds
  Federal funds38,000

Sec. 204.  Forests, parks and recreation - state parks
  Personal services3,026,103
  Operating expenses1,634,200
 Source of funds
  Special funds4,785,303

Sec. 205.  Forests, parks and recreation - youth conservation corps
  Personal services370,850
  Operating expenses22,850
 Source of funds
  Special funds566,700
  Interdepartmental transfer327,000

Sec. 206.  Forests, parks and recreation - snowmobile trails program
  Personal services11,500
 Source of funds
  Special funds420,000

Sec. 207.  Environmental board and district commissions - act 250
  Personal services1,500,290
  Operating expenses158,365
 Source of funds
  General fund889,567
  Special funds894,088

Sec. 208.  Environmental board and district commissions - waste facilities panel
  Personal services82,500
  Operating expenses 17,500
 Source of funds
  Special funds100,000

Sec. 209.  Water resources board
  Personal services199,135
  Operating expenses28,696
 Source of funds
  General fund227,831

Sec. 210.  Green up
 Source of funds
  Special funds8,036

Sec. 211. Total natural resources52,314,720  Source of funds   General fund10,676,164   Transportation fund995,895   Federal funds7,512,303   Fish and wildlife/federal funds225,000   Fish and wildlife fund11,221,000   Fish and wildlife/special funds35,000   Special funds19,150,410   Interdepartmental transfer2,498,948    Total52,314,720

Sec. 212.  Commerce and community development - agency of commerce and community development - administration and management planning
  Personal services791,631
  Operating expenses143,482
 Source of funds
  General fund788,455
  Transportation fund148,658
  Federal funds118,066

Sec. 213. [DELETED.]

Sec. 214. 32 V.S.A. § 5930j is added to read:



  (a) The general assembly finds that long-term economic development planning is needed to build a diverse and sustainable economy, and to increase the well-being of Vermonters and their communities, without compromising the quality of our environment. This section is intended to enable Vermont to create and continually revise a long-term economic planning process. The general assembly further finds that the views of people from the public and the private sector, including Vermonters from business, education and government, are essential in order to develop a process for long-range economic planning and job creation. The Vermont economic progress council will be a forum for government and the private sector to work together in the public interest to create economic development plans for a diverse, sustainable economy for Vermont.

  (b) The economic progress council shall advise the governor and the general assembly on long-term economic development planning.

    (1) In fulfilling its economic development planning responsibilities, the council may:

    (A) solicit the assistance of individuals and groups with interests or expertise in the particular subject before the council;

    (B) request the assistance and cooperation of any state or local agency or governmental unit in collecting economic development information and conducting economic development planning. Such state and local agencies and governmental units shall provide reasonable assistance to, and cooperate with the council in the discharge of its responsibilities. The council shall consult and cooperate with the telecommunications technology council of Vermont, and any other council or committee established by law or executive action relating to economic development;

    (C) appoint one or more task forces, composed of individuals from the public and private sectors, to assist the council in its economic development planning;

    (D) perform such other activities as are necessary to carry out the purposes of this chapter;

    (E) subject to the provisions of section 5 of this title, accept grants, gifts, donations or other things of value from a donor which is a qualified nonprofit organization under Section 501(c)(3) of the federal Internal Revenue Code for sums up to $200,000.00 to assist in defraying the costs of fulfilling the purposes of this chapter;

    (F) execute contracts or provide grants, regarding professional or administrative services, to fulfill the purposes of this chapter;

    (G) establish and administer a special fund, as provided under subchapter 5 of chapter 7 of this title, to be known as the Vermont economic progress council study fund for the purposes of fulfilling subdivisions (E) and (F) of this subdivision (1). Revenues to the fund shall be those funds collected pursuant to subdivision (E) of this subdivision (1); and

    (H) before January 15 of each year, report to the general assembly the names of each donor and the amount donated under subdivision (E) of this subdivision (1), the names of the contractors and grantees and the amounts contracted for or granted under subdivision (F) of this subdivision (1), which list shall include the donations made during the fiscal year to date, as well as all donations made during the previous fiscal year.

    (2) The council shall report to the governor and the general assembly on or before December 15 of each year with its recommendations for implementing the state's long-term economic development planning agenda. Such recommendations shall contain goals, anticipated budgets, evaluation mechanisms, and proposals for legislation where necessary.

Sec. 214a. REPEAL

  Notwithstanding any other provision of law, 10 V.S.A. §§ 699, 699a, and 699b (Vermont economic progress council) are repealed.

Sec. 215.  Housing and community affairs
  Personal services1,714,496
  Operating expenses269,980
 Source of funds
  General fund1,032,547
  Federal funds1,802,068
  Special funds1,541,406

Sec. 216.  Historic sites operations
  Personal services392,851
  Operating expenses314,435
 Source of funds
  General fund325,252
  Special funds382,034

Sec. 217.  Community development block grants
 Source of funds
  Federal funds8,637,000

Sec. 218.  Economic development
  Personal services729,736
  Operating expenses324,958
 Source of funds
  General fun2,216,051
  Special funds187,028

  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 and/or private funds.


  There is appropriated $25,000.00 in general funds in fiscal year 1999 to the Economic Development Council of Northern Vermont.

Sec. 219.  Vermont training program (VTP)
  Personal services57,100
  Operating expenses14,778
 Source of funds
  General fund585,000
  Special funds40,000

Sec. 220.  Government marketing assistance center
  Personal services126,445
  Operating expenses96,367
 Source of funds
  General fund80,646
  Federal funds 142,166

Sec. 221.  Tourism and marketing
  Personal services1,698,994
  Operating expenses2,132,232
 Source of funds
  General fund4,924,057
  Special funds35,850

  Of the above appropriation $50,000.00 shall be transferred to the department of agriculture, food and markets, division of agriculture development, for promotional activities.

Sec. 222.  Information centers
  Personal services1,883,865
  Operating expenses522,555
 Source of funds
  General fund250,000
  Transportation fund2,279,420
  Special funds52,000

Sec. 223.  Vermont life
  Personal services527,289
  Operating expenses200,000
 Source of funds
  Enterprise funds727,289

Sec. 224.  Vermont economic development authority
 Source of funds
  General fund900,581

  Of the above appropriation, $231,581.00 is from the General Fund Reserve for Debt Service and shall be used to provide interest rate subsidies for the Subchapters 3 and 5 loan programs.

  Of the above appropriation, $250,000.00 shall be made available to the Sustainable Jobs Fund Program. Vermont Sustainable Jobs Fund will ensure that two-thirds of this state appropriation be dedicated to direct job creation and retention and that specific targets be established for the number of jobs created by the activities of the Vermont Sustainable Jobs Fund.

Sec. 225.  Vermont council on the arts
 Source of funds
  General fund481,750

Sec. 226.  Vermont symphony orchestra
 Source of funds
  General fund92,250

Sec. 227.  Vermont historical society
 Source of funds
  General fund215,250

Sec. 228.  Vermont housing and conservation trust fund
 Source of funds
  Federal funds8,542,590
  Special funds8,543,505

Sec. 229.  Vermont council on the humanities
 Source of funds
  General fund25,625

Sec. 230. Total commerce and community development44,889,963
 Source of funds
  General fund11,710,883
  Transportation fund2,428,078
  Federal funds19,241,890
  Special funds10,781,823
  Enterprise funds727,289


  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.

  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. 232.  Transportation board
  Personal services86,003
  Operating expenses18,020
 Source of funds
  Transportation fund104,023

Sec. 233.  Transportation - administration
  Personal services5,441,636
  Operating expenses1,024,564
 Source of funds
  Transportation fund6,200,000
  Federal Funds266,200

Sec. 234. [DELETED.]

Sec. 235.  Transportation - maintenance state system
  Personal services20,718,127
  Operating expenses19,685,829
 Source of funds
  Transportation fund34,428,956
  Federal funds6,000,000

Sec. 236.  Transportation - paving program
 Source of funds
  Transportation fund8,233,901
  Federal funds30,284,907
  Local match51,157

Sec. 237.  Transportation - engineering and construction
  Personal services24,088,933
  Operating expenses3,271,435
 Source of funds
  Transportation fund11,017,217
  Federal funds42,593,954
  Local match1,447,375

Sec. 238.  Transportation - rest areas
 Source of funds
  Transportation fund251,999
  Federal funds4,518,001

  Notwithstanding any other provision of law, the secretary of transportation, with the approval of the secretary of administration, shall transfer any unexpended balances carried forward into fiscal year 1999 in prior year transportation appropriations allocated for rest area capital projects into this appropriation for rest area capital projects.

Sec. 239. Transportation -policy and planning
  Personal services1,931,194
  Operating expenses419,721
 Source of funds
  Transportation fund 4,600,413
  Federal funds10,034,959

  Notwithstanding any other provision of law, the secretary of transportation, with the approval of the secretary of administration, shall transfer any unexpended balances carried forward into fiscal year 1999 in prior year transportation appropriations allocated for public transit into this appropriation for public transit projects.

Sec. 240. Transportation -rail, air and public transportation
  Personal services1,420,953
  Operating expenses 269,525
  Grants 25,000
 Source of funds
  Transportation fund4,483,342
  Federal funds2,920,734

Sec. 241.  Transportation - central garage revolving fund
  Personal services2,168,765
  Operating expenses3,324,093
 Source of funds
  Internal service funds7,735,891

Sec. 242.  Transportation - town highway grants
 Source of funds
  Transportation fund21,504,280

  The above appropriation is authorized notwithstanding 19 V.S.A. § 306(a).

Sec. 243.  Transportation - town highway bridges
 Source of funds
  Transportation fund3,498,556
  Federal funds7,136,356
  Local match917,382

Sec. 244.  Transportation - town highways - class 1 supplemental
 Source of funds
  Transportation fund125,000

Sec. 245.  Transportation - town highways - emergency fund
 Source of funds
  Transportation fund750,000

Sec. 246.  Transportation - town highways - bridge and culvert
 Source of funds
  Transportation fund2,250,000

Sec. 247.  Transportation - Vermont local roads program
 Source of funds
  Transportation fund170,000
  Federal funds 110,000

Sec. 248.  Transportation - town highways - class 2 resurfacing program
 Source of funds
  Transportation fund3,625,000

Sec. 249.  Department of motor vehicles
  Personal services8,484,865
  Operating expenses4,624,135
 Source of funds
  Transportation fund12,750,000
  Federal funds535,000

Sec. 250. Total transportation228,199,872
 Source of funds
  Transportation fund113,992,687
  Federal funds104,055,380
  Local match2,415,914
  Internal service funds7,735,891

Sec. 251.  Debt service - general
  Temporary borrowing1,572,500
  Bonded debt23,684,516
   Total interest25,257,016
  State of Vermont
  Series XXII2,110,500
  Series XXX2,085,000
  Series XXXI2,920,000
  Series XXXII886,897
  Series XXXIII4,512,000
  Series XXXIV1,265,000
  Series XXXV869,071
  Series XXXVI1,710,000
  Series XXXVII6,465,000
  Series XXXVIII595,000
  Series XXXIX4,800,500
  Series XL1,000,000
  Series XLI4,100,486
  Series XLII3,160,000
  Series XLIII1,250,000
  Series XLIV2,000,000
  Series XLV790,000
  Series XLVI2,191,236
   Total principal42,710,690
   Total debt service67,967,706
 Source of funds
  General fund67,907,728
  Special Funds59,978

Sec. 252.  Debt service - transportation
  Series XXIII589,500
  Series XXVIII15,000
  Series XXIX188,000
  Series XXX75,000
  Series XXXI740,000
  Series XXXII575,000
  Series XXXIII45,000
  Series XXXIV199,500
  Series XXXV69,514
  Series XXXVI98,764
   Total principal2,595,278
   Total debt service3,853,688
 Source of funds
  Transportation fund3,853,688

Sec. 253.  Debt service - lease purchase payments
  Operating expenses2,845,562
 Source of funds
  Special funds2,845,562

Sec. 254.  Debt service - job zones
  Operating expenses54,271
 Source of funds
  General fund54,271

Sec. 255. Total debt service74,721,227
 Source of funds
  General fund67,961,999
  Transportation fund3,853,688
  Special funds2,905,540


  Amounts are hereby appropriated in accordance with the provisions of all house and senate bills which may be enacted by the 1998 session of the general assembly.

Sec. 257. 32 V.S.A. § 510 is added to read:



  All monies received from the United States government are appropriated to thepurposes 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.


  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.


  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.


  (a) In fiscal year 1999, 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.

  (b) If during fiscal year 1999 federal funds available to the State of Vermont, and designated as federal in this and other acts of the 1998 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 forwhich 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. 261. 32 V.S.A. § 511 is added to read:


  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 quarterly with a cumulative list and explanation of the allocation and expenditure of such excess receipts.

Sec. 261a. 32 V.S.A. § 431 is amended to read:


  The treasurer, the auditor and the governor shall select the banks in which the funds of the state treasury shall be deposited*[*[, but in no event shall the state at any one time have on deposit in any one bank a sum exceeding $10,000,000.00; provided that the treasurer shall have authority to make deposit exceeding such amount when necessary in caring for temporary loans, bond maturities, interest on bonds and other obligations of the state in excess of such sum, but balances in excess of such sum shall not be carried for more than thirty days]*]*. Each agency or department of the state shall be required to obtain the approval of the treasurer to establish and maintain a bank account of a selected bank as well as develop procedures, approved by the treasurer, to reconcile a bank account. The treasurer shall annually*[*[, by July 5,]*]* furnish theauditor, on a timely basis, a certified statement from each bank, with which he or she has an account, of the amount of such account *[*[on the first day of such month]*]*.

Sec. 261b. REPEAL

  32 V.S.A. §§ 434 (Investment of Certain Funds) and § 501 (Statement of Revenues) are repealed.

Sec. 262. 32 V.S.A. § 462 is amended to read:


  (a) Except in the case of funds held by the state in trust, 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. The commissioner of finance and management shall not issue his or her warrant except 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 is approved for payment by the state treasurer.

  (b) All expenditures from enterprise and internal service funds, except those directly resulting from a client-driven demand for products or services, shall be made pursuant to an appropriation. 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.


  (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:

    Agriculture - agriview publication

    Agriculture - dairy markets development and products promotion

    Agriculture - lab testing

    Agriculture - Vermont dairy promotion council

    Agriculture - agricultural events

    Agriculture - licenses and fees

    Connecticut river flood control

    Employment and training - apprenticeship training textbook sales    Employment and training - reach-up program match

    Military - armory sales and armory rentals

    Public safety - state telecommunications network charges

    Public service department - sale of power

    Tax department - unorganized towns and gores

  (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.


  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. The secretary of administration shall transfer to 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. In fiscal year 2000 the transfer to the general fund shall not exceed $500,000.00 and the rate of assessment applied to any special fund shall not exceed one half of one percent of the prior year appropriations from any given special fund.

  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.


  The Secretary of Administration shall reduce the executive branch appropriations for operating expenses in this bill by $187,000.00 general funds.

Sec. 264b. Sec. 98(g) of Act No. 60 of 1997 as most recently amended by Act. 66 of 1998 is hereby amended as follows:

  (g) Tax department implementation costs. There is appropriated from the general fund for fiscal year 1998 the amount of *[*[$3,884,100.00]*]* $3,734,100.00 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.

Sec. 264c. Sec. 98(n) of Act No. 60 of 1997 is hereby amended as follows:

  (n) Reappraisal costs to municipalities. There is appropriated to the Department of Taxes from the general fund for fiscal year 1998 the amount of *[*[$2,000,000.00]*]* $1,900,000.00 to implement 32 V.S.A. § 4041a, relating to payments to municipalities for reappraisal costs.



  There is appropriated $269,000.00 general funds and $439,268.00 federal funds in fiscal year 1998 to the department of developmental and mental health services to be split between computer upgrades at community mental health providers and a management information system within the department. This section shall be effective upon passage.


  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.


  Notwithstanding Sec. 281(c) of No. 63 of the Acts of 1995, for fiscal year 1999 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 followingamounts:

    (1) $8,284,741.00 to the housing and conservation trust fund;

    (2) $1,962,048.00 to the municipal and regional planning fund.

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

    (A) $1,172,856.00 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b)(3);

    (B) $305,000.00 for disbursement to municipalities on a competitive basis providing the opportunity for any eligible municipality or municipalities to compete regardless of size;

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

    (D) $307,421.00 to GIS.

Sec. 267. [DELETED.]

Sec. 268. 33 V.S.A. § 7112 is amended to read:


  Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals *[*[or facilities]*]*, except insofar as such disclosure results in a notice of violation pursuant to section 7110 of this title or any enforcement action under this chapter. Information regarding unprofessional conduct of a person under the jurisdiction of a licensing board listed in 3 V.S.A. § 122 may be released to the office of professional regulation.

Sec. 268a. REPEAL

  Sec. 6 of No. 115 of the Acts of 1996 (sunset of certified emergency volunteer leave) is repealed.


  There is hereby appropriated $200,000.00 from the Emergency Relief and Disaster Special fund established in Sec. 68(b) of No. 66 of the Acts of 1998, to the Agency ofCommerce and Community Development to provide relief to municipalities for a portion of the damages suffered during the ice storm of January 6-15, 1998. This appropriation is the State contribution toward the 25% of damage costs not funded by the FEMA grant of $4,788,063.00, accepted by the 1998 General Assembly in Joint Resolution of the Senate No. 85 (Resolution R-178).

  The secretary of administration is hereby directed to work with the federal government, state federal funding sources and existing appropriations to reduce the federally required match to federal funds, and identify and access other needed match monies for the FEMA grant. In the event that the secretary, after best efforts, cannot find sufficient match, that information shall be transmitted to the joint fiscal committee at its July meeting. There is appropriated from the emergency relief and disaster special fund such additional amounts as determined to be necessary by the joint fiscal committee to fully meet the required match.


  Notwithstanding 32 V.S.A. § 1003(a), the governor shall be compensated for services in the 1999 calendar year at the same rate of compensation received during the 1998 calendar year plus an increase of not more than five percent.


  For the purposes of computing the additional retirement allowance for a probate judge under 3 V.S.A. § 459(b)(4), for probate judges whose term of office expires on January 31, 1999, who have less than 12 years of creditable service as a probate judge, said judge may count as additional years of creditable service, prior service as a Deputy Attorney General for the State of Vermont which shall be granted and up to two years military service; however, in no event shall the total service credit exceed the 12-year minimum requirement for retirement eligibility in Group D. Said judge shall pay the actuarial value of any years of military service.


  Notwithstanding any other provision of law and unless otherwise prohibited by federal law, as a condition of receipt of assistance all applicants or recipients ofassistance 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.

  Notwithstanding 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.

Sec. 271. 18 V.S.A. chapter 34 (Nuclear Advisory Panel) is added to read:



  1700.       Creation; membership; officers; quorum.

  1701. Duties.

  1702.      Assistance.


  (a) There is created a nuclear advisory panel which shall consist of the following:

    (1) the secretary of the agency of human services or designee,

    (2) the secretary of the agency of natural resources or designee,    (3) the commissioner of the department of public service,

    (4) one member of an energy committee of the Vermont house of representatives, chosen by the speaker of the house;

    (5) one member of an energy committee of the Vermont senate, chosen by the committee on committees; and

     (6) two members of the public, selected by the governor for terms of four years.

  (b) Ex officio members shall serve for the duration of their time in office or until a successor has been appointed. Members of the general assembly shall be appointed for two years or until their successors are appointed, beginning on or before January 15 inthe first year of the biennium. Representatives designated by ex officio members shall serve at the direction of the designating authority.

  (c) The commissioner of the department of public service shall serve as chairperson.

  (d) A majority of the members of the panel shall constitute a quorum. The panel shall act only by vote of a majority of its entire membership and only at meetings called by the chairperson or by any three of the members. The person or persons calling the meeting shall provide adequate notice to all its members.

  (e) Members of the panel, except for ex officio members and except for legislative members while the general assembly is in session, shall be entitled to $30.00 per diem and their necessary and actual expenses. Funds for this purpose shall come from the monies collected under section 22 of Title 30 for the purpose of maintaining the public service board.

§ 1701. DUTIES

  The duties of the panel shall be:

    (1) To hold regular public meetings for the purpose of discussing issues relating to the present and future use of nuclear power and to advise the governor, the general assembly and the agencies of the state thereon with a written report being provided annually to the governor and to the energy committees of the general assembly;

    (2) To define the responsibilities of state agencies for assuring the safety and health of the public as the result of the operation of a fixed nuclear facility and to assess the ability of state and local governments to meet this responsibility in terms of both technical expertise and financial support;

    (3) To discuss proposed changes in operations or specific problems that arise in the operation of a fixed nuclear facility, and to prepare and present technical data to serve as a basis for establishing the state's position on such changes or problems;

    (4) To maintain communications with the operators of any fixed nuclear facility, including the receipt of written reports and presentations to the panel at its regular meetings;

    (5) To develop awareness in the state and in the state government of the potentialliabilities, benefits or repercussions of nuclear power generation in the state in comparison to other electrical energy sources; and

    (6) To review the current status of state relations with the Nuclear Regulatory Commission and to seek some agreement on federal and state regulatory efforts.


  Staff services for the committee shall be furnished by the department of public service, the agency of human services, the agency of environmental conservation and the office of the attorney general.

Sec. 272. 18 V.S.A. § 1054 is amended to read:


  *[*[(a) The department of health shall establish and maintain a tuberculosis clinic in Barre.]*]*

  *[*[(b)]*]* The department shall visit all newly reported cases or suspect cases of tuberculosis with periodic follow-up visits as deemed necessary.

  The department shall provide for:

    (1) Prompt examination of all suspects and contacts;

    (2) Chemotherapeutic treatment of all active cases attending this clinic; and hospitalization in accordance with sections 1047-1051 of this title;

    (3) Chemotherapy for converters and inactive cases;

    (4) The re-evaluation and re-examination of inactive cases as medically indicated.

  *[*[(c) There is hereby annually appropriated the sum of $45,000.00 to carry out the provisions of this section.]*]*


  (a) The secretary of administration shall implement a system of position management for state government under which positions are categorized and managed in accordance with the nature of their funding sources. Prior to the implementation of the plan for a system of position management and the application of any position caps or other position limitations thereunder, the secretary shall present the plan to the Joint Fiscal Committee for its review and approval of the plan and the appropriateness ofany position caps or other position limitations. The secretary shall present the plan to the Joint Fiscal Committee for its review and approval at its July 1998 meeting.

  (b) The system of position management shall provide at least three categories of positions, which are generally defined as follows:

    (1) Core positions: Positions that are fully funded by state dollars, including general, transportation, enterprise, special funds, and fees.

    (2) Partnership positions: Positions that are funded by a combination of state dollars and federal or grant funds if the federal or grant funds are reasonably expected to continue. The funding sources of these positions shall be reviewed annually.

    (3) Sponsored positions: Positions that are funded fully by nonstate dollars such as federal grants and foundation grants, and are generally related to a specific program or function, and are usually time limited.

  (c) The position category definitions set forth in subsection (b) of this section may be modified by the secretary of administration as is deemed necessary for the operation of the system.

  (d) The secretary of administration shall review state government's functions, statutory responsibilities, and citizen needs. The secretary shall assess the need for services, including whether services should increase or decrease, the level of success in providing services, and any related position requirements with a plan to address them. This review shall also include examination of the use of state positions, including permanent, limited service, temporary positions, and an evaluation of personal service contracting practices.

  (e) The secretary of administration shall form a Blue Ribbon Commission with representatives from the executive branch, the general assembly, state employees, and the public to assist in the review. The commission shall consider previous projects and studies, including the Performance Improvement Project (1993-1995), the Civil Service Review Committee Report (1995), the Study of the Function and Structure of Government (1997), the Government Performance Project (1998) and other relevant information, and shall develop an action plan for use by the secretary to respond to thepresent and future workforce needs of state government.

  (f) The secretary of administration shall establish criteria for the appropriate use of contractors and temporary employees and determine the extent to which these staffing practices may be reduced by absorbing such functions in the position categories referred to in subsection (b) of this section.

  (g) Use of the position management system and the results of the secretary's review shall be included in the commissioner of personnel's annual workforce report, beginning with the report due on January 15, 1999.


  The commissioner of personnel shall include in the annual workforce report a listing of the classified and exempt state positions that were abolished and those that were transferred between organizational units.


  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 1999, except for new positions authorized by the 1998 session of the general assembly. Positions in the department of employment and training, operating under the managing-to-payroll program, shall not be subject in this restriction, nor shall limited service positions approved pursuant to 32 V.S.A. § 5, nor shall this apply to partnership or sponsored positions as defined by this act or by the secretary of administration.

Sec. 274a. 3 V.S.A. § 631(c) is amended to read:

  (c) At least every *[*[four]*]* five years, the secretary of administration shall advertise for bids on the insurance contracts and shall award the contract to the person whose bid or quotation is in the best interest of the state. The secretary of administration may reject any bids or quotations and may request additional bids.

Sec. 274b. 3 V.S.A. § 310(f) is amended to read:

  (f) The classification and compensation plan and the rules and regulations for personnel administration shall be based on merit system principles and shall provide forcompliance with the laws relating to preference granted to qualified persons who have served in the armed forces of the United States and received honorable discharge so that veterans who meet the requirements for any open competitive examination and who receive a passing score shall have five points added to their competitive examination rating, and service-connected disabled veterans, veterans' widows or widowers, and spouses of totally service-connected disabled veterans who meet the requirements for any open competitive examination and who receive a passing score shall have ten points added to their competitive examination rating, subject to the provisions contained in section 1543 of Title 20. *[*[Except when the monthly service retirement allowance of any individual at the time of application was more than the median of a ll different armed forces monthly net allowances existing at the time of application then there shall be no veteran's preference given.]*]*


  (a) The commissioner of personnel may establish up to 30 limited service positions,

excluding those limited service positions which are fully funded through federal funds, grants, or other nonstate funds, 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:

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

    (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.

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

  (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.


  The general fund appropriation in section 15(a)(1) of Act No. 28 of 1997 shall be reduced by $57,000.00 and the transportation fund appropriation in section 15(a)(2) of Act No. 28 of 1997 shall be reduced by $143,000.00 and these amounts shall be transferred to the general fund in FY 1999.


  Sec. 55(b) of No. 66 of the Acts of the 1997 Adjourned Session is amended by adding at the end of the subdivision (3) a sentence to read: However, once the total transfer to the Education Fund reaches $32,700,000.00 the next $10,000,000.00 of the balance shall be transferred to the general bond fund to reduce any authorized but unissued general obligation bond authorizations before further transfer of any remaining balances to the education fund may occur.


  Notwithstanding any other provisions of law, the fiscal year 1999 unreserved undesignated general fund balance as determined by the commissioner of finance and management on July 31, 1999, is hereby appropriated or transferred as follows:

    (1) First, an amount not to exceed $1,500,000.00 shall be transferred to the transportation budget stabilization reserve to bring the reserve to its statutory maximum;

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

    (3) Third, an amount not to exceed $1,000,000.00 is hereby transferred in fiscal year 1999 to the education fund budget stabilization reserve;

    (4) Fourth, an amount not to exceed $2,000,000.00 is hereby transferred in fiscal year 1999 to reduce any authorized but unissued general obligation bonds;

    (5) Any remaining fund balance after subdivisions (1), (2), (3) and (4) of this section shall be transferred to the education fund budget stabilization reserve.


  This section and Secs. 71a, 106a, 119a, 121, 128, 138a, 153a, 164a, 191a, 264b, 264c, 264d, 268b and 276a of this act shall take effect from passage. Sec. 271 of this act shall take effect from passage and shall e retroactive to July 1, 1997.