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NO. 40. AN ACT RELATING TO COMPENSATION FOR CERTAIN STATE EMPLOYEES.

(H.568)

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

* * * Elected Officers, Department Heads; Judiciary * * *

Sec. 1. 32 V.S.A. § 1003 is amended to read:

§ 1003. SALARIES

(a) Each elective officer of the executive department is entitled to an annual salary as follows:

*[ Salary Salary Salary]* Salary Salary

thereafter

(1) Governor*[ 96,661 $100,575 $105,402]* $110,461 $115,763

(2) Lieutenant governor*[ 40,296 41,927 43,939]* 46,048 48,258

(3) Secretary of state*[ 60,825 63,288 66,325]* 69,509 72,845

(4) State treasurer*[ 60,825 63,288 66,325]* 69,509 72,845

(5) Auditor of accounts*[ 60,825 63,288 66,325]* 69,509 72,845

(6) Attorney general*[ 73,067 76,026 79,675]* 83,499 87,507

(b) The governor may appoint each officer of the executive branch listed in this subsection at a starting salary ranging from the base salary stated for that position to a salary which does not exceed the maximum salary unless authorized by this subsection. The maximum salary for each appointive officer shall be fifty percent above the base salary. Annually, the governor may grant to each of those officers an annual salary adjustment subject to the maximum salary. The annual salary adjustment granted to officers under this subsection shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect. In addition to the annual salary adjustment specified in this subsection, the governor may grant a special salary increase subject to the maximum salary, or a bonus, to any officer listed in this subsection whose job duties have significantly increased, or whose contributions to the state in the preceding year are deemed especially significant. Special salary increases or bonuses granted to any individual shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect.

(1) Heads of the following departments, offices and agencies:

*[ Salary Salary Salary]* Salary Salary

thereafter

(A) Administration*[ $57,946 $60,292 $63,186]* $66,219 $69,397

(B) Agriculture, food

and markets *[48,944 50,926 53,370]* 55,932 58,616

(C) Banking, insurance,

securities, and health care

administration *[54,088 56,278 58,979]* 61,810 64,777

(D) Finance & management *[ 54,088 56,278 58,979]* 61,810 64,777

(E) Housing and community

development *[48,944 50,926 53,370]* 55,932 58,616

(F) Corrections *[54,088 56,278 58,979]* 61,810 64,777

(G) Commerce and

community development *[57,946 60,292 63,186]* 66,219 69,397

(H) Economic development *[48,152 50,926 53,370]* 55,932 58,616

(I) Education *[54,088 56,278 58,979]* 61,810 64,777

(J) Employment and

training *[54,088 56,278 58,979]* 61,810 64,777

(K) Natural Resources *[57,946 60,292 63,186]* 66,219 69,397

(L) Fish and wildlife *[48,944 50,926 53,370]* 55,932 58,616

(M) Forests, parks and

recreation *[48,944 50,926 53,370]* 55,932 58,616

(N) Health *[54,088 56,278 58,979]* 61,810 64,777

(O) Human services *[57,946 60,292 63,186]* 66,219 69,397

(P) Labor and industry *[48,944 50,926 53,370]* 55,932 58,616

(Q) Liquor control *[48,944 50,926 53,370]* 55,932 58,616

(R) Developmental and mental

health services *[54,088 56,278 58,979]* 61,810 64,777

(S) Military *[48,944 50,926 53,370]* 55,932 58,616

(T) Motor vehicles *[48,944 50,926 53,370]* 55,932 58,616

(U) Personnel *[48,944]* *[50,926 53,370]* 55,932 58,616

(V) Public safety *[54,088 56,278 58,979]* 61,810 64,777

(W) Public service *[54,088 56,278 58,979]* 61,810 64,777

(X) Social and rehabilitation

services *[54,088 56,278 58,979]* 61,810 64,777

(Y) Social welfare *[54,088 56,278 58,979]* 61,810 64,777

(Z) Veterans' home *[48,944 50,926 53,370]* 55,932 58,616

(AA) Libraries *[48,944 50,926 53,370]* 55,932 58,616

(BB) Taxes *[48,944 50,926 53,370]* 55,932 58,616

(CC) Transportation *[57,946 60,292 63,186]* 66,219 69,397

(DD) Environmental

conservation *[54,088 56,278 58,979]* 61,810 64,777

(EE) Defender general *[48,944 50,926 53,370]* 55,932 58,616

(FF) Lottery *[48,944]* *[50,926 53,370]* 55,932 58,616

(GG) Buildings and

general services *[54,088 56,278 58,979]* 61,810 64,777

(HH) [Repealed.]

(II) Aging and disabilities *[48,944 50,926 53,370]* 55,932 58,616

(JJ) Environmental Board

Chairperson *[48,944 50,926 53,370]* 55,932 58,616

(KK) Tourism

and marketing *[48,944 50,926 53,370]* 55,932 58,616

(2) Directors of the following divisions, offices and boards

The secretary of administration may include the following positions in any pay plans which may be established under the authority of section 1020(c) of this title, provided the minimum hiring rate does not fall below that in this section.

(A) Economic opportunity *[41,300 42,972 45,034]* 47,196 49,461

(B) Professional regulation *[41,300 42,972 45,034]* 47,196 49,461

(C) Child support *[41,300 42,972 45,034]* 47,196 49,461

(3) If the chairperson of the environmental board is employed on less than a full-time basis, the hiring and salary maximums for that position shall be reduced proportionately.

(4) When a permanent employee is appointed to an exempt position, the governor may authorize such employee to retain the present salary even though it is in excess of any salary maximum provided in statute.

(c) The annual salaries of the officers of the judicial branch named below shall be as follows:

*[ Salary Salary Salary]* Salary Salary

thereafter

(1) Chief justice of

supreme court *[ $87,102 $90,629 $94,979]* $99,538 $104,316

(2) Each associate

justice *[83,072]* *[86,436]* *[90,584]* 94,932 99,489

(3) Administrative judge *[83,072]* *[86,436]* *[90,584]* 94,932 99,489

(4) Each superior judge *[78,910]* *[82,105]* *[86,046]* 90,176 94,505

(5) Each district judge *[78,910]* *[82,105]* *[86,046]* 90,176 94,505

(6) Each magistrate *[48,470]* *[54,075]* *[56,670]* 67,633 70,879

(7) Each *[traffic and municipal]*

*[ordinance]* judicial bureau

hearing officer *[48,470]* *[54,075]* *[56,670]* 67,633 70,879

(d) Notwithstanding the maximum salary established in subsection (b) of this section, the defender general shall not receive compensation in excess of the compensation established for the attorney general in this section.

* * * Legislative Pages * * *

Sec. 2. 32 V.S.A. § 1053a is amended to read:

§ 1053a. LEGISLATIVE PAGES

Legislative pages shall be entitled to a weekly compensation of *[$100.00]* $104.80 and a weekly expense allowance of $60.00 for those who commute and $95.00 for those who rent a room in Montpelier. Pages will be paid in the same manner as members of the general assembly.

* * * Assistant Judges * * *

Sec. 3. 32 V.S.A. § 1141(a) is amended to read:

(a) Each assistant judge of the superior court shall receive *[$92.00 a day as of January 6, 1997, and $95.76 a day as of January 4, 1998, and $100.32 a day as of July 5, 1998]* $105.14 a day as of July 4, 1999 and $110.18 a day as of July 2, 2000 and thereafter for time spent in the performance of official duties and necessary expenses as allowed to classified state employees.

* * * Probate Judges * * *

Sec. 4. 32 V.S.A. § 1142(a) is amended to read:

(a) The annual salaries of the judges of probate in the several probate districts, which shall be paid by the state in lieu of all fees or other compensation, shall be as follows:

*[ Salary Salary Salary]* Salary Salary

thereafter

(1) Addison*[ $37,438 $38,954 $40,823]* $42,783 $44,836

(2) Bennington *[32,372 33,683 35,299]* 36,993 38,769

(3) Caledonia *[37,438 38,954 40,823]* 42,783 44,836

(4) Chittenden *[58,375 60,739 63,654]* 66,709 69,911

(5) Essex *[17,554 18,264 19,140]* 20,059 21,022

(6) Fair Haven *[27,174 28,274 29,631]* 31,053 32,544

(7) Franklin *[37,438 38,954 40,823]* 42,783 44,836

(8) Grand Isle *[17,554 18,264 19,140]* 20,059 21,022

(9) Hartford *[37,438 38,954 40,823]* 42,783 44,836

(10) Lamoille *[27,174 28,274 29,631]* 31,053 32,544

(11) Manchester *[27,174 28,274 29,631]* 31,053 32,544

(12) Marlboro *[32,372 33,683 35,299]* 36,993 38,769

(13) Orange *[32,372 33,683 35,299]* 36,993 38,769

(14) Orleans *[32,372 33,683 35,299]* 36,993 38,769

(15) Rutland *[48,231 50,184 52,592]* 55,116 57,762

(16) Washington *[48,231 50,184 52,592]* 55,116 57,762

(17) Westminster *[27,174 28,274 29,631]* 31,053 32,544

(18) Windsor *[32,372 33,683 35,299]* 36,993 38,769

* * * County Clerks * * *

Sec. 5. 32 V.S.A. § 1181 is amended to read:

§ 1181. COUNTY CLERKS

The annual salaries of the county clerks in the respective counties which shall be paid by the state in lieu of all fees or other compensation shall be as follows:

*[ Salary Salary Salary]* Salary Salary

thereafter

(1) Addison county*[ $35,967 37,423 39,219]* $44,055 $48,984

(2) Bennington county *[35,967 37,423 39,219]* 44,055 48,984

(3) Caledonia county *[32,317 33,625 35,239]* 44,055 48,984

(4) Chittenden county *[49,753 51,767 54,251]* 56,855 59,584

(5) Essex county *[19,067 19,839 20,791]* 24,733 25,920

(6) Franklin county *[35,967 37,423 39,219]* 44,055 48,984

(7) Grand Isle county *[19,067 19,839 20,791]* 24,733 25,920

(8) Lamoille county *[32,317 33,625 35,239]* 39,869 48,984

(9) Orange county *[32,317 33,625 35,239]* 39,869 48,984

(10) Orleans county *[32,317 33,625 35,239]* 44,055 48,984

(11) Rutland county *[42,856 44,591 46,731]* 51,924 54,683

(12) Washington county *[42,856 44,591 46,731]* 51,924 54,683

(13) Windham county *[35,967 37,423 39,219]* 44,055 48,984

(14) Windsor county *[42,856 44,591 46,731]* 49,656 52,040

* * * Sheriffs * * *

Sec. 6. 32 V.S.A. § 1182(a) is amended to read:

(a) The annual salaries of the sheriffs shall be as follows:

*[ Salary Salary Salary]* Salary Salary

thereafter

(1) Addison county*[ $42,250 $43,961]* *[ $46,071]* $48,282 $50,600

(2) Bennington county *[39,391 40,986 42,953]* 45,015 47,175

(3) Caledonia county *[39,39]*1*[ 40,986 42,953]* 45,015 47,175

(4) Chittenden county *[46,410 48,289 50,606]* 53,035 55,581

(5) Essex county *[32,108 33,408 35,011]* 39,963 41,882

(6) Franklin county *[39,391 40,986 42,953]* 45,015 47,175

(7) Grand Isle county *[34,971 36,387 38,133]* 39,963 41,882

(8) Lamoille county *[42,250 43,961 46,071]* 48,282 50,600

(9) Orange county *[39,391 40,986 42,953]* 45,015 47,175

(10) Orleans county *[42,250 43,961 46,071]* 48,282 50,600

(11) Rutland county *[43,809 45,583 47,770]* 50,063 52,466

(12) Washington county *[43,809 45,583 47,770]* 50,063 52,466

(13) Windham county *[43,809 45,583 47,770]* 50,063 52,466

(14) Windsor county *[43,809 45,583 47,770]* 50,063 52,466

* * * State's Attorneys * * *

Sec. 7. 32 V.S.A. § 1183(a) is amended to read:

(a) The annual salaries of state's attorneys shall be:

*[ Salary Salary Salary]* Salary Salary

thereafter

(1) Addison county *[ $56,820 $59,121 $61,958]* $64,932 $68,049

(2) Bennington county *[56,820 59,121 61,958]* 64,932 68,049

(3) Caledonia county *[56,820 59,121 61,958]* 64,932 68,049

(4) Chittenden county *[59,463 61,871 64,840]* 67,952 71,214

(5) Essex county *[42,615 44,340 46,468]* 48,698 51,036

(6) Franklin county *[56,820 59,121 61,958]* 64,932 68,049

(7) Grand Isle county *[42,615 44,340 46,468]* 48,698 51,036

(8) Lamoille county *[56,820 59,121 61,958]* 64,932 68,049

(9) Orange county *[56,820 59,121 61,958]* 64,932 68,049

(10) Orleans county *[56,820 59,121 61,958]* 64,932 68,049

(11) Rutland county *[56,820 59,121 61,958]* 64,932 68,049

(12) Washington county *[56,820 59,121 61,958]* 64,932 68,049

(13) Windham county *[56,820 59,121 61,958]* 64,932 68,049

(14) Windsor county *[56,820 59,121 61,958]* 64,932 68,049

* * * Sergeant at Arms * * *

Sec. 8. 2 V.S.A. § 63 is amended to read:

§ 63. SALARY

The base salary for the sergeant at arms shall be *[$453.00 a week as of January 6, 1997 and $557.00 a week as of January 4, 1998 and $584.00 a week as of July 5, 1998]* $612.03 a week as of July 4, 1999 and $641.41 a week as of July 2, 2000 and thereafter. The joint rules committee may establish the starting salary for the sergeant at arms, ranging from the base salary to a salary which is 30 percent above the base salary. The maximum salary for the sergeant at arms shall be 50 percent above the base salary.

Sec. 9. OTHER COURT MANAGERS; PAY ACT FUNDS

(a) The judiciary shall increase the compensation of judicial branch managers which are not otherwise established by statute as necessary to ensure equitable compensation of all court managers. The adjustments authorized by this section shall not, in the aggregate, exceed $30,000.00 in fiscal year 2000 nor exceed $22,300.00 in fiscal year 2001.

(b) Salary increases provided for county clerks and other court managers, magistrates and hearing officers authorized by this act shall be funded from the appropriation in Sec. 10 of this act.

Sec. 10. SPECIAL CONTRACTUAL AGREEMENT

(a) The two-year agreements between the state of Vermont and the Vermont State Employees' Association, Inc., for the nonmanagement, supervisory, state police, and corrections bargaining units for the period July 1, 1999 through June 30, 2001, shall be funded by the amounts appropriated in this section, amounts appropriated in other acts of the 1999 Session and amounts appropriated in the FY 2000 budget adjustment act.

(b) For purposes of this section, the following amounts are appropriated:

(1) from the general fund for the fiscal year beginning July 1, 1999, $2,655,722.00, and for the fiscal year beginning July 1, 2000, $4,716,708.00.

(2) from the transportation fund for the fiscal year beginning July 1, 1999, $1,461,984.00, and for the fiscal year beginning July 1, 2000, $2,447,220.00.

(3) from the fish and wildlife fund for the fiscal year beginning July 1, 1999, $113,988.00, and for the fiscal year beginning July 1, 2000, $109,373.00.

(4) from the special funds for the fiscal year beginning July 1, 1999, $1,310,859.00, and for the fiscal year beginning July 1, 2000, $1,257,789.00.

(5) from federal and other funds for the fiscal year beginning July 1, 1999, $5,357,424.00, and for the fiscal year beginning July 1, 2000, $5,140,528.00.

(c) With due regard to the possible availability of other funds, for the fiscal years 2000 and 2001, the secretary of administration may transfer from the various appropriations and various funds and from the receipts of the liquor control board such sums as he or she may determine to be necessary to carry out the purposes of this act to the various agencies supported by state funds.

(d) This section shall include sufficient funding to ensure administration of exempt attorney pay plans, including deputy state's attorneys and public defenders, subject to the approval of the secretary of administration.

Sec. 11. RATE OF ADJUSTMENT FOR DEPARTMENT HEADS

For purposes of determining annual salary adjustments, special salary increases and bonuses under 32 V.S.A. § 1003(b), "the total rate of adjustment available to classified employees under the collective bargaining agreement" shall be deemed to be 4.8 percent in fiscal year 2000 and 4.8 percent in fiscal year 2001.

Sec. 12. EFFECTIVE DATES

This section and Sec. 10 of this act shall take effect on July 1, 1999. The remaining sections of this act shall take effect on July 4, 1999.

Approved: May 20, 1999