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NO. 66. AN ACT RELATING TO PROVIDING ADJUSTMENTS IN THE AMOUNTS APPROPRIATED FOR THE SUPPORT OF GOVERNMENT.

(H.665)

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

Sec. 1. SHORT TITLE

This act shall be known as and shall be cited as the "Budget Adjustment Act - Fiscal Year 2000".

Sec. 2. Sec. 8 of No. 62 of the Acts of 1999 is amended to read:

Sec. 8. Secretary of administration - GOVNet

Personal services 281,150 281,150

Operating expenses *[968,850]* 1,092,850

Total*[ 1,250,000]* 1,374,000

Source of funds

Internal service funds*[ 1,250,000]* 1,374,000

* * *

Sec. 3. Sec. 14 of No. 62 of the Acts of 1999 is amended to read:

Sec. 14. Buildings and general services - facilities operations

Personal services 5,296,223 5,296,223

Operating expenses *[5,991,792]* 6,191,792

Total*[ 11,288,015]* 11,488,015

Source of funds

General fund*[ 9,660,189]* 9,860,189

Transportation fund 1,327,826 1,327,826

Interdepartmental transfer 300,000 300,000

Total*[ 11,288,015]* 11,488,015

* * *

Sec. 4. Sec. 28 of No. 62 of the Acts of 1999 is amended to read:

Sec. 28. Buildings and general services - information centers

Personal services 2,154,820 2,154,820

Operating expenses*[ 555,302]* 605,302

Grants 175,000 175,000

Total*[ 2,885,122]* 2,935,122

Source of funds

General fund*[ 256,499]* 306,499

Transportation fund 2,576,623 2,576,623

Special funds 52,000 52,000

Total*[ 2,885,122]* 2,935,122

Sec. 5. Sec. 30 of No. 62 of the Acts of 1999 is amended to read:

Sec. 30. Tax - administration/collection

Personal services 8,339,462 8,339,462

Operating expenses 2,247,350 2,247,350

Total 10,586,812 10,586,812

Source of funds

General fund*[ 9,362,241]* 9,988,470

Transportation fund 247,566 247,566

Special funds*[ 899,505]* 273,276

Interdepartmental transfer 77,500 77,500

Total 10,586,812 10,586,812

* * *

Sec. 6. Sec. 42 of No. 62 of the Acts of 1999 is amended to read:

Sec. 42. Use tax reimbursement fund - municipal current use

Other*[ 4,000,000]* 3,793,202

Source of funds

General fund*[ 1,950,000]* 1,849,186

Transportation fund *[2,050,000]* 1,944,016

Total*[ 4,000,000]* 3,793,202

Sec. 7. Sec. 45 of No. 62 of the Acts of 1999 is amended to read:

Sec. 45. Legislative council

Personal services*[ 1,436,000]* 1,501,000

Operating expenses 18,500 18,500

Total*[ 1,454,500]* 1,519,500

Source of funds

General fund*[ 1,202,968]* 1,267,968

Transportation fund 251,532 251,532

Total*[ 1,454,500]* 1,519,500

(a) The establishment of *[two (2)]* three (3) new exempt positions - Legislative Counsel - is authorized in fiscal year 2000.

Sec. 7a. 2 V.S.A. § 16(1) and (2) are amended to read:

(1) *[One copy of the daily House calendar shall be placed on the desk of each member of the House, and one copy of]* Unless otherwise directed by the member, copies of both the daily House calendar and the daily Senate calendar shall be placed on the desk of each member of the House and Senate. An additional number of copies of both the daily House and Senate calendars shall be made available to both House and Senate members in their respective chambers, and to the public in the legislative council offices. The number of such copies required shall be determined by staff of the legislative council based on their demand.

(2) *[Copies]* Unless otherwise directed by the member, copies of both the daily House and Senate journals, and of the bills, shall be *[made available to both House and Senate members in their respective chambers, and]* placed on the desk of each member of the House and Senate, and made available to the public in the legislative council offices. The number of such copies required shall be determined by staff of the legislative council based on their demand.

Sec. 8. LEGISLATIVE HEALTH CARE FUNDS CONTINUANCE

Any unexpended portion of the funds appropriated to the legislature for the health care cost inflation study by Sec. 105 of No. 1 of the Acts of 1999 and for the prescription drug cost study by No. 51 of the Acts of 1999, shall be available to and may be used by the legislature for expenditures of the

legislature relating to prescription drug and health care cost control in FY 2000.

Sec. 9. Sec. 51 of No. 62 of the Acts of 1999 is amended to read:

Sec. 51. Total general government*[ 81,610,338]* 81,842,540

Source of funds

General fund*[ 38,080,301]* 38,920,716

Transportation fund*[ 9,521,039]* 9,415,055

Federal funds 2,100,951 2,100,951

Special funds*[ 13,042,981]* 12,416,752

Enterprise funds 1,720,904 1,720,904

Expendable trust 93,530 93,530

Internal service funds*[ 15,865,442]* 15,989,442

Interdepartmental transfer 1,185,190 1,185,190

Total*[ 81,610,338]* 81,842,540

Sec. 10. Sec. 53 of No. 62 of the Acts of 1999 is amended to read:

Sec. 53. Vermont court diversion

Grants*[ 821,967]* 891,967

Source of funds

General fund 424,342 424,342

Transportation fund 172,625 172,625

Special funds *[225,000]* 295,000

Total*[ 821,967]* 891,967

Sec. 11. Sec. 56 of No. 62 of the Acts of 1999 is amended to read:

Sec. 56. Sheriffs

Personal services*[ 1,681,448]* 1,860,029

Operating expenses *[218,280]* 237,792

Total*[ 1,899,728]* 2,097,821

Source of funds

General fund*[ 1,365,427]* 1,563,520

Transportation fund 534,301 534,301

Total*[ 1,899,728]* 2,097,821

* * *

Sec. 12. Sec. 57 of No. 62 of the Acts of 1999 is amended to read:

Sec. 57. Defender general - public defense

Personal services*[ 4,089,215]* 4,157,956

Operating expenses 440,724 440,724

Total*[ 4,529,939]* 4,598,680

Source of funds

General fund*[ 3,629,935]* 3,698,676

Transportation fund 600,692 600,692

Federal funds 48,000 48,000

Special funds 251,312 251,312

Total*[ 4,529,939]* 4,598,680

* * *

Sec. 13. Sec. 58. of No. 62 of the Acts of 1999 is amended to read:

Sec. 58. Defender general - assigned counsel

Personal services*[ 1,757,137]* 2,212,890

Operating expenses 34,505 34,505

Total*[ 1,791,642]* 2,247,395

Source of funds

General fund*[ 1,532,058]* 1,987,811

Transportation fund 259,584 259,584

Total*[ 1,791,642]* 2,247,395

* * *

Sec. 14. Sec. 60 of No. 62 of the Acts of 1999 is amended to read:

Sec. 60. Military - administrative

Personal services 547,827 547,827

Operating expenses*[ 336,909]* 351,284

Grants 30,000 30,000

Total*[ 914,736]* 929,111

Source of funds

General fund*[ 874,111]* 894,111

Special funds *[40,625]* 35,000

Total*[ 914,736]* 929,111

* * *

Sec. 15. Sec. 65 of No. 62 of the Acts of 1999 is amended to read:

Sec. 65. Military - air service contract

Personal services 2,450,062 2,450,062

Operating expenses *[577,792]* 585,792

Total*[ 3,027,854]* 3,035,854

Source of funds

General fund*[ 232,123]* 234,123

Federal funds *[2,795,731]* 2,801,731

Total*[ 3,027,854]* 3,035,854

Sec. 16. Sec. 74 of No. 62 of the Acts of 1999 is amended to read:

Sec. 74. Banking, insurance, securities, and health care administration -

administration

Personal services*[ 483,453]* 568,453

Operating expenses 19,000 19,000

Total*[ 502,453]* 587,453

Source of funds

Special funds*[ 502,453]* 587,453

* * *

Sec. 17. Sec. 76 of No. 62 of the Acts of 1999 is amended to read:

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

insurance

Personal services*[ 2,519,836]* 2,560,436

Operating expenses 482,740 482,740

Total*[ 3,002,576]* 3,043,176

Source of funds

Special funds*[ 3,002,576]* 3,043,176

* * *

Sec. 18. Sec. 77 of No. 62 of the Acts of 1999 is amended to read:

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

securities

Personal services*[ 289,463]* 350,163

Operating expenses *[104,933]* 109,933

Total*[ 394,396]* 460,096

Source of funds

Special funds*[ 394,396]* 460,096

* * *

Sec. 19. Sec. 78 of No. 62 of the Acts of 1999 is amended to read:

Sec. 78. Banking, insurance, securities, and health care administration -

captive

Personal services*[ 984,499]* 1,067,063

Operating expenses *[234,170]* 239,170

Total*[ 1,218,669]* 1,306,233

Source of funds

Special funds*[ 1,218,669]* 1,306,233

* * *

Sec. 20. Sec. 80 of No. 62 of the Acts of 1999 is amended to read:

Sec. 80. Public safety - state police

Personal services*[ 23,201,011]* 23,222,011

Operating expenses 4,887,366 4,887,366

Grants 572,100 572,100

Other 135,700 135,700

Total*[ 28,796,177]* 28,817,177

Source of funds

General fund 6,363,436 6,363,436

Transportation fund 18,157,462 18,157,462

Federal funds 2,084,119 2,084,119

Special funds*[ 1,555,169]* 1,576,169

Interdepartmental transfer 635,991 635,991

Total*[ 28,796,177]* 28,817,177

* * *

Sec. 21. Sec. 81 of No. 62 of the Acts of 1999 is amended to read:

Sec. 81. Public safety - criminal justice services

Personal services*[ 4,264,802]* 4,330,181

Operating expenses 2,663,425 2,663,425

Grants 1,168,000 1,168,000

Total*[ 8,096,227]* 8,161,606

Source of funds

General fund*[ 25,000]* 90,379

Transportation fund 2,903,659 2,903,659

Federal funds 2,892,367 2,892,367

Special funds 1,734,081 1,734,081

Interdepartmental transfer 541,120 541,120

Total*[ 8,096,227]* 8,161,606

* * *

Sec. 22. Sec. 94 of No. 62 of the Acts of 1999 is amended to read:

Sec. 94. Judiciary

Personal services*[ 17,272,500]* 17,357,500

Operating expenses 2,724,500 2,724,500

Other 2,000 2,000

Total 19,999,000 20,084,000

Source of funds

General fund*[ 15,254,387]* 15,339,387

Transportation fund 2,926,073 2,926,073

Federal funds 127,000 127,000

Interdepartmental transfer 1,691,540 1,691,540

Total*[ 19,999,000]* 20,084,000

* * *

Sec. 22a. 32 V.S.A. § 1181 (8) and (9) is amended to read:

Annual Annual

Salary Salary

as of as of

July 4, July 2,

1999 2000

and

thereafter

* * *

(8) Lamoille county*[ 39,869]* 44,055 48,984

(9) Orange county *[ 39,869]* 44,055 48,984

Sec. 23. Sec. 96 of No. 62 of the Acts of 1999 is amended to read:

Sec. 96. Vermont radiological emergency response fund

Other*[ 300,000]* 400,000

Source of funds

Special funds*[ 300,000]* 400,000

Sec. 24. Sec. 98 of No. 62 of the Acts of 1999 is amended to read:

Sec. 98. Total protection to persons and property*[ 127,729,834]* 129,095,039

Source of funds

General fund*[ 43,319,943]* 44,214,909

Transportation fund 26,593,767 26,593,767

Federal funds*[ 17,552,150]* 17,558,150

Special funds*[ 30,922,592]* 31,386,831

Tobacco funds 490,000 490,000

Enterprise funds 3,433,205 3,433,205

Interdepartmental transfer 5,418,177 5,418,177

Total*[ 127,729,834]* 129,095,039

Sec. 25. Sec. 105 of No. 62 of the Acts of 1999 is amended to read:

Sec. 105. Corrections - corrections services

Personal services*[ 41,645,364]* 40,465,913

Operating expenses*[ 18,541,365]* 21,834,045

Grants 150,000 150,000

Total*[ 60,336,729]* 62,449,958

Source of funds

General fund*[ 57,734,246]* 59,847,475

Transportation fund 1,343,011 1,343,011

Federal funds 508,587 508,587

Special funds 274,500 274,500

Interdepartmental transfer 476,385 476,385

Total*[ 60,336,729]* 62,449,958

* * *

(e) In counties in which ten or more furloughed inmates reside, the department of corrections shall assign one or more full-time, classified positions at a community correctional officer level to a departmental office in that county, in order to supervise the furloughed prisoners assigned to and living in that county.

(f) The departments of corrections and developmental and mental health services shall develop a protocol to ensure access to third shift nursing care as needed for Dale residents.

Sec. 26. Sec. 118 of No. 62 of the Acts of 1999 is amended to read:

Sec. 118. Social welfare - aid to needy families with children

Grants*[ 43,531,324]* 40,368,596

Source of funds

General fund 16,217,899 16,217,899

Federal funds*[ 25,113,425]* 21,950,697

Special funds 2,200,000 2,200,000

Total*[ 43,531,324]* 40,368,596

* * *

Sec. 27. Sec. 120 of No. 62 of the Acts of 1999 is amended to read:

Sec. 120. Social welfare - aid to aged, blind and disabled

Grants*[ 9,967,628]* 9,265,781

Source of funds

General fund*[ 9,967,628]* 9,265,781

* * *

Sec. 28. Sec. 121 of No. 62 of the Acts of 1999 is amended to read:

Sec. 121. Social welfare - Medicaid

Grants*[ 340,845,606]* 353,688,004

Source of funds

General fund*[ 72,442,463]* 75,702,919

Federal funds*[ 212,475,462]* 220,459,581

Special funds*[ 40,945,620]* 42,543,443

Tobacco funds 14,982,061 14,982,061

Total*[ 340,845,606]* 353,688,004

* * *

Sec. 29. Sec. 134 of No. 62 of the Acts of 1999 is amended to read:

Sec. 134. Office of economic opportunity

Personal services 613,487 613,487

Operating expenses 95,744 95,744

Grants 9,099,416 9,099,416

Total 9,808,647 9,808,647

Source of funds

General fund 752,049 752,049

Federal funds*[ 4,376,788]* 4,312,598

Special funds*[ 4,312,598]* 4,376,788

Interdepartmental transfer 367,212 367,212

Total 9,808,647 9,808,647

* * *

Sec. 30. Sec. 138 of No. 62 of the Acts of 1999 is amended to read:

Sec. 138. Social and rehabilitation services - social services

Personal services 12,130,883 12,130,883

Operating expenses 1,914,053 1,914,053

Other *[40,717,360]* 41,502,010

Total*[ 54,762,296]* 55,546,946

Source of funds

General fund*[ 21,228,189]* 21,572,415

Federal funds*[ 32,619,644]* 33,060,068

Special funds 914,463 914,463

Total*[ 54,762,296]* 55,546,946

* * *

Sec. 31. Sec. 140 of No. 62 of the Acts of 1999 is amended to read:

Sec. 140. Social and rehabilitation services - child care services

Personal services 1,073,984 1,073,984

Operating expenses 301,091 301,091

Grants *[23,149,206]* 24,522,105

Total*[ 24,524,281]* 25,897,180

Source of funds

General fund*[ 5,845,083]* 5,319,424

Transportation 75,000 75,000

Special Funds 832,000 832,000

Federal funds *[17,772,198]* 19,670,756

Total*[ 24,524,281]* 25,897,180

* * *

Sec. 32. Sec. 143 of No. 62 of the Acts of 1999 is amended to read:

Sec. 143. Developmental and mental health services - developmental

services

Personal services 2,445,181 2,445,181

Operating expenses 367,718 367,718

Grants*[ 64,346,293]* 65,136,192

Other 81,340 81,340

Total*[ 67,240,532]* 68,030,431

Source of funds

General fund*[ 25,742,032]* 26,042,032

Federal funds*[ 40,730,997]* 41,220,896

Special funds 546,253 546,253

Interdepartmental transfer 221,250 221,250

Total*[ 67,240,532]* 68,030,431

(a) The department of developmental and mental health services shall not change the system of care plan regarding eligibility and services before the end of fiscal year 2000.

Sec. 33. Sec. 156 of No. 62 of the Acts of 1999 is amended to read:

Sec. 156. Total Human Services*[ 863,123,168]* 877,161,668

Source of funds

General fund*[ 286,856,728]* 291,647,133

Transportation fund 1,940,011 1,940,011

Federal funds*[ 476,051,217]* 483,637,299

Special funds*[ 75,563,413]* 77,225,426

Tobacco fund 16,439,861 16,439,861

Internal service funds 1,747,710 1,747,710

Interdepartmental transfer 4,514,228 4,514,228

Expendable trust 10,000 10,000

Total*[ 863,123,168]* 877,161,668

Sec. 34. Sec. 160 of No. 62 of the Acts of 1999 is amended to read:

Sec. 160. Education - family and educational support

Personal services 2,580,049 2,580,049

Operating expenses 883,487 883,487

Grants *[49,428,461]* 53,333,730

Total*[ 52,891,997]* 56,797,266

Source of funds

General fund 1,713,093 1,713,093

Federal funds*[ 50,540,610]* 54,445,879

Special funds 434,800 434,800

Interdepartmental transfer 203,494 203,494

Total*[ 52,891,997]* 56,797,266

* * *

Sec. 35. Sec. 161 of No. 62 of the Acts of 1999 is amended to read:

Sec. 161. Education - licensing

Personal services*[ 295,267]* 320,967

Operating expenses*[ 133,600]* 146,300

Grants *[45,000]* 75,000

Total*[ 473,867]* 542,267

Source of funds

Special funds*[ 473,867]* 542,267

* * *

Sec. 36. Sec. 162 of No. 62 of the Acts of 1999 is amended to read:

Sec. 162. Education - adult basic education

Grants*[ 3,147,664]* 3,196,474

Source of funds

General fund 2,419,927 2,419,927

Federal funds *[727,737]* 776,547

Total*[ 3,147,664]* 3,196,474

Sec. 37. Sec. 163 of No. 62 of the Acts of 1999 is amended to read:

Sec. 163. Education - career and lifelong learning

Personal services 1,157,073 1,157,073

Operating expenses 244,316 244,316

Grants *[12,608,133]* 12,727,392

Total*[ 14,009,522]* 14,128,781

Source of funds

General fund 992,293 992,293

Education fund 7,070,901 7,070,901

Federal funds*[ 4,709,778]* 5,172,894

Special funds*[ 284,018]* 113,748

Interdepartmental transfer *[952,532]* 778,945

Total*[ 14,009,522]* 14,128,781

* * *

Sec. 38. Sec. 165 of No. 62 of the Acts of 1999 is amended to read:

Sec. 165. Education - small school grants

Grants*[ 4,122,209]* 4,137,960

Source of funds

Education fund*[ 4,122,209]* 4,137,960

Sec. 39. 16 V.S.A. § 4015(a)(6) is added to read:

(a) In this section

* * *

(6) "School district" means a town, city, incorporated, interstate, union or joint contract school district.

Sec. 40. TRANSITIONAL PROVISION - SMALL SCHOOLS GRANTS

A union school district or joint contract school district which became eligible to receive a small schools grant on passage of this act, shall be considered to have been eligible at the beginning of fiscal year 2000 and, upon passage of this act, shall receive small schools support payments that it would have received in September 1999 and December 1999.

Sec. 40a. EXTRAORDINARY TRANSPORTATION ADJUSTMENT

$67,294.00 of education funds are hereby appropriated to the contingency fund in the department of education established in Sec. 122(f) of No. 71 of the Acts of 1998. Said funds shall be used as necessary to make extraordinary transportation payments to local school districts for fiscal year 2000 that would have been paid had notice and timely filing occurred.

Sec. 41. Sec. 166 of No. 62 of the Acts of 1999 is amended to read:

Sec. 166. Education - special education: formula grants

Grants*[ 46,838,371]* 48,651,760

Source of funds

Education fund*[ 46,838,371]* 48,651,760

* * *

Sec. 42. Sec. 170 of No. 62 of the Acts of 1999 is amended to read:

Sec. 170. Education - construction interest aid

Grants*[ 440,580]* 698,393

Source of funds

Education fund*[ 440,580]* 698,393

Sec. 43. Sec. 171 of No. 62 of the Acts of 1999 is amended to read:

Sec. 171. Education - capital debt service aid

Grants*[ 3,943,000]* 2,970,433

Source of funds

Education fund*[ 3,943,000]* 2,970,433

Sec. 44. Sec. 173 of No. 62 of the Acts of 1999 is amended to read:

Sec. 173. EDUCATION - EDUCATION GRANTS

There is appropriated from the education fund for fiscal year 2000 to the department of education, *[$217,125,000.00]* $217,344,779.00 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 2000 a total statewide average education grant per equalized pupil of $5,377.00. Of the *[$217,125,000.00]* $217,344,779.00 appropriated in this section, $125,000.00 shall be utilized as an adjustment for average daily membership errors reported by the Coventry school district during prior fiscal years.

Sec. 44a. SUPER CIRCUIT BREAKER ADJUSTMENT

In fiscal year 1999, payments from the education fund as required under 16 V.S.A. § 4025(b)(3) for income sensitivity payments under 32 V.S.A. § 6066(a)(1) and (2) shall include payments for benefits under those subsections which were claimed as a part of the total benefit under 32 V.S.A. § 6066(a)(3), as estimated by the commissioner of taxes.

Sec. 45. Sec. 178 of No. 62 of the Acts of 1999 is amended to read:

Sec. 178. Total general education and property

tax support *[ 785,768,376]* 791,311,573

Source of funds

General fund 277,323,710 277,323,710

Transportation fund 3,675,015 3,675,015

Education fund*[ 419,410,449]* 420,811,908

Federal funds*[ 74,112,355]* 78,529,550

Special funds*[ 9,970,593]* 9,868,723

Interdepartmental transfer *[1,276,254]* 1,102,667

Total*[ 785,768,376]* 791,311,573

Sec. 45a. Subsection (a) is added to Sec. 243 of No. 62 of the Acts of 1999 to

read:

(a) In addition to allocations made prior to January 13, 2000, additional allocations in the town highway emergency fund are hereby made to the towns to assist with flood disaster relief for occurrences during calendar year 1998 as follows: Belvidere, $683.00; Bethel, $19,234.00; Bradford, $49,574.00; Braintree, $11,684.00; Goshen, $2,165.00; Granville, $8,569.00; Hancock, $78,770.00; Lincoln, $68,064.00; Moretown, $5,696.00; Randolph, $55,218.00; Ripton, $1,567.00; Westford, $1,429.00; and West Haven, $1,450.00.

Sec. 46. FISCAL YEAR 2000 ONE-TIME APPROPRIATIONS

(a) The following amounts are appropriated in fiscal year 2000 from the general fund to the secretary of administration, for transfer and use by the referenced departments:

(1) $112,000 to the department of health - health improvement division - for capital costs associated with opening a dental clinic in Windham County to serve primarily low income Vermonters. 112,000

(2) $385,000 to the department of housing and community affairs for state match for disaster relief. 385,000

(3) $23,000 to the department of personnel for an Intel-based file server to replace an Alpha NT server. 23,000

(4) $4,900 to the legislature to fund the committee on public health care values and priorities. 4,900

(5) $50,000 to the secretary of administration to serve as the state's contribution to a fund for the construction of a memorial to World War II veterans. 50,000

(6) $70,000 to the department of sheriffs for costs of increased prisoner transports from fiscal year 1999. 70,000

(7) $57,052 to the department of state's attorneys for costs of temporary replacement of an incapacitated State's Attorney. 57,052

(8) $125,000 to the Judiciary for costs of retired judges, court security and the professional responsibility board. 125,000

(9) $510,000 to the department of environmental conservation - office of water programs - for contract survey costs for instrumentation and monitoring of Waterbury Dam. 510,000

(10) $75,000 for substance abuse treatment costs at the

Maple Leaf Farm. 75,000

(11) $12,000 to the Lamoille County Office of the State's Attorney to fund a special prosecutor for the Domestic Violence and Sexual Assault Response Team for the remainder of fiscal year 2000. 12,000

(12) $200,000 to the Vermont housing and conservation board for the home access project to be used in a manner consistent with Vermont housing and conservation board guidelines. 200,000

(b) The following amounts are appropriated in fiscal year 2000 from the transportation fund:

(1) $1,559,962 to the agency of transportation - rail and aviation division - for the acquisition of the Boston & Maine Corporation railroad line between Hartford and Newbury. 1,559,962

(2) $372,678 to the agency of transportation - project development and special project unit - for level and seal (paving). 372,678

(c) The following amounts are appropriated in fiscal year 2000 from the general fund to the referenced departments:

(1) There is appropriated to the sergeant at arms the amount of $21,512 general funds on a one-time basis to cover costs of increased security presence, overtime and phone coverage. 21,512

(2) The amount of $60,000 general funds is appropriated on a one-time basis to the office of economic opportunity in order to provide grants to community agencies for the purpose of providing shelter for homeless families. Specifically, $35,000 of these funds shall be granted to the Committee on Temporary Shelter in Chittenden County to provide emergency overflow shelter for families. The remaining $25,000 shall be granted through an application process to the office of economic opportunity to community agencies throughout the state. Priority will be given to those agencies demonstrating the greatest need for funds to address emergency shelter overflow for families or other homeless prevention measures such as assistance with security deposits and/or rental arrearages. 60,000

(3) The amount of $181,433 general funds is appropriated to the Woodside Juvenile Rehabilitation Center on a one-time basis to address issues resulting from overcrowding at the facility. 181,433

(4) The amount of $39,000 general funds is appropriated on a one-time basis to the department of aging and disabilities, division of advocacy and independent living for the under age 60 meals on wheels program. 39,000

Sec. 47. FUND TRANSFERS

Notwithstanding any other provisions of law, in fiscal year 2000:

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

Appropriation Name Amount

Bond proceeds interest earnings 1,565,000 (approx)

VEDA note repayments 163,476 (approx)

Amortization of VEDA bond reserve 73,206

1101120400 Abandoned property fund 597,282 (approx)

Prior year reversions 25,000 (approx)

Amortization of W. R. Grace 23,046

0809290100 Liquor control 327,000 (approx)

0701120200 Cash management improvement fund 40,000

Caledonia Fair loan repayment 13,750

(2) All or a portion of the unencumbered balances in the insurance regulatory and supervision fund (appropriation # 0602270509), the captive insurance regulatory and supervision fund (appropriation # 0602270909), and the securities regulatory and supervision fund (appropriation # 0602270809), expected to be approximately $2,600,000 shall be transferred to the general fund, provided that on or before June 15, 2000, the commissioner of banking, insurance, securities, and health care administration certifies to the joint fiscal committee that the transfer of such balances, or any smaller portion deemed proper by the commissioner, will not impair the ability of the department in fiscal year 2001 to provide thorough, competent, fair, and effective regulatory services, or maintain accreditation by the National Association of Insurance Commissioners; and that the joint fiscal committee does not reject such certification.

(3) $525,659 from the general fund shall be transferred to the general fund caseload reserve.

(4) $1,948,125 from the general fund shall be transferred to the Vermont health access program (VHAP) trust fund.

(5) $545,000 from the general fund shall be transferred to the Medicaid reimbursement administrative special fund created in Sec. 126 of No. 62 of the Acts of 1999.

Sec. 48. REVERSIONS

Notwithstanding any other provisions of law, in fiscal year 2000 the following amounts shall revert to the education fund from the accounts indicated:

Appropriation Name Amount

1205081000 Tax - municipal grand list assistance 128,748

1205080400 Tax - homestead property tax assistance 602,406

1205770706 Education - capital debt service aid 1,483

1205771100 Education - contingency fund 64,669

1205770906 Education - education grants 11,824

1205771006 Education - local share property tax 2,305,347

Sec. 49. 20 V.S.A. § 1871(i) is amended to read:

(i) The commissioner of public safety may enter into contractual arrangements to perform dispatching functions for state, municipal or other emergency services, establishing charges sufficient to recover the costs of dispatching. Dispatch positions which are fully funded under such contracts may be authorized under the provisions of 32 V.S.A. § 5(b).

Sec. 50. SECRETARY OF ADMINISTRATION; CARRY FORWARD AUTHORITY

Notwithstanding any other provisions of law and subject to the approval of the secretary of administration, general, transportation and education fund appropriations, and fish and wildlife appropriations for land acquisition, remaining unexpended on June 30, 2000 shall be carried forward and shall be reserved for expenditure.

Sec. 51. Sec. 265 of No. 62 of the Acts of 1999 is amended to read:

Sec. 265. NEW POSITIONS

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 2000, except for new positions authorized by the 1999 session of the general assembly. Positions in the department of employment and training, operating under the managing-to-payroll program, shall not be subject to this restriction, nor shall limited service positions approved pursuant to 32 V.S.A. § 5*[, nor shall this apply to partnership or sponsored positions as defined by this act or by the secretary of administration]*.

Sec. 52. REPEAL

16 V.S.A. § 4025(a)(12) (language pertaining to federal Medicaid receipts, redundant with subdivision (13)) is repealed.

Sec. 53. 32 V.S.A. § 706(b) is amended to read:

(b) *[The]* Except as specified in subsection (a) of this section, the transfer of balances of appropriations *[in excess of $25,000.00]* may be made only with the approval of the emergency board.

Sec. 54. Sec. 87a(W) of No. 1 of the Acts of 1999 is amended to read:

(W) To the department of aging and disabilities for a residential care homes revolving fund. Said revolving fund shall be utilized for the provision of emergency loans or grants to residential care facilities primarily for various capital improvements including sprinkler systems necessary for the facilities' continued economic viability. Up to 25% of the funds may be utilized to aid in an orderly transition of residents in the event of a facility closure. Said financial assistance shall only be available to licensed residential care facilities that serve or will serve SSI recipients and priority shall be given to assisting facilities in greatest financial distress whose financial circumstances impede their ability to obtain commercial financing for necessary improvements. The department may provide loans, grants, or combinations thereof, as the circumstances warrant. The department shall give priority to loans where repayments will replenish the revolving loan fund. Grants shall only be utilized for facilities in greatest financial distress whose inability to make loan payments would otherwise prevent them from obtaining necessary sprinkler systems. In the event that a property for which a grant has been awarded changes use within less than three years of the award, the state may pursue recovery of all or a portion of the amount of the grant award. Recovery may be through a lien on the property or other means considered reasonable. Change of use shall mean that the property no longer serves as a residential care facility for the same or similar population of residents as when the grant was awarded. *[It]* The fund shall be used in a manner that maximizes other funding sources to meet financial and programmatic needs. 250,000

Sec. 55. 32 V.S.A. § 435(b)(10) is amended to read:

(10) 33 percent of the revenue from the property transfer taxes levied pursuant to chapter 231 of this title and the *[first $500,000.00 of]* revenue from the gains taxes levied each year pursuant to chapter 236 of this title;

Sec. 56. 33 V.S.A. § 2604(c) is amended to read:

(c) In determining heating fuel costs of households:

(1)(A) Households that make undesignated payments for energy for home heat in the form of rent and are not participating in a public, subsidized or Section 8 housing program shall be eligible for an annual home heating fuel assistance benefit in an amount equal to 30 percent of the benefit the household would have received if the household were purchasing energy for home heating fuel directly, or in the amount of $50.00, whichever amount is greater.

(B) Households that make undesignated payments for energy for home heat in the form of rent and are participating in a public, subsidized or Section 8 housing program shall be eligible for a nominal annual home heating fuel assistance benefit of $5.00. This benefit amount is effective beginning with the 1999-2000 program year.

*[(B)]*(C) Residents of the dwelling unit who make reasonable compensation in the form of room rent and who are not members of the same household shall be eligible for an annual home heating fuel assistance benefit in the amount of $50.00.

* * *

Sec. 57. Sec. 133(d) of Act No. 62 of the Acts of 1999 is added to read:

(d) Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25 and 33 V.S.A. chapter 26, the office of home heating fuel assistance may disburse home heating fuel assistance benefits for the 1999-2000 program year on behalf of households that make undesignated payments for energy for home heat in the form of rent and are participating in a public, subsidized or Section 8 housing program, as specified in this act, without having filed or adopted rules beforehand. The secretary of human services shall, in accordance with 3 V.S.A. chapter 26 and no later than November 1, 2000, adopt rules relating to the eligibility criteria for and disbursement of annual home heating fuel assistance benefits for households that make undesignated payments for energy for home heat in the form of rent and are participating in a public, subsidized or Section 8 housing program.

Sec. 58. 16 V.S.A. § 2959a(d) is amended to read:

(d) If the amount of Medicaid reimbursement funds received *[in one fiscal year]* for services provided in the prior state fiscal year exceeds $25,000,000, in addition to the 50 percent of said funds paid to supervisory unions submitting Medicaid bills, 25 percent of the amounts in excess of the $25,000,000 shall be paid into an incentive fund hereby created in the department of education. These funds shall be used for an incentive payment to supervisory unions with student participation rates of over 80 percent in accordance with a formula to be developed by the department of education, in consultation with the Vermont Superintendents Association.

Sec. 59. Sec. 99(h) of No. 49 of the Acts of 1999 is amended to read:

(h) Secs. 78-80 (allocation of property transfer tax) shall take effect beginning with fiscal year 2000, except the formula distribution of the municipal and regional planning fund in Sec. 80 shall take effect beginning with fiscal year 2001.

Sec. 60. 32 V.S.A. § 434 is added to read:

§ 434. INVESTMENT OF CERTAIN FUNDS

(a)(1) A "trust investment account" is hereby created to maximize the earnings of individual funds by associating them together for common investment.

(2) The trust investment account may include:

(A) the whole or any part of individual trust funds resulting from court settlements, private bequests, grants, or other awards accepted in accordance with section 5 of this title, provided the terms thereof do not require a separate investment.

(B) the whole or any part of the funds created by express enactment of the general assembly to finance particular or restricted programs that provide that only investment earnings of the fund shall be used for program purposes, including but not limited to, the Vermont higher education endowment trust fund established pursuant to section 2885 of Title 16.

(C) any other funds which the state treasurer identifies, in consultation with the secretary of administration, as appropriate for inclusion in the account.

(3) The state treasurer may invest and reinvest the funds in the account, and hold, purchase, sell, assign, transfer and dispose of the investments in accordance with the standard of care established by the prudent investor rule under chapter 147 of Title 9. The treasurer shall apply the same investment objectives and policies adopted by the Vermont state employees' retirement system, where appropriate, to the investment of funds in the trust investment account.

(4) At reasonable intervals, but at least annually in June of each fiscal year, the treasurer shall credit each individual fund in the trust investment account with a pro rata share of the net income of the account. The value of the individual funds transferred to or withdrawn from the trust investment account shall be on the basis of the fair market value of the total funds of the account at the time of the transfer or withdrawal. The treasurer may withdraw monies from the account as permitted or required by the terms of the individual funds or as required by acts of the general assembly.

(5) Annually, the treasurer shall prepare a report on the financial activity of the trust investment account.

(b) The state treasurer may invest and reinvest the monies deposited into the tobacco litigation settlement fund established by section 435a of this title, and may hold, purchase, sell, assign, transfer and dispose of the investments in accordance with the standard of care established by the prudent investor rule under chapter 147 of Title 9.

Sec. 61. ANNUAL REPORT ON BRADY LAW NATIONAL

INSTA-CHECK

The Vermont state point of contact for the Brady law national insta-check system shall report to the general assembly annually by December 15 for the previous fiscal year on the following:

(1) the total number of record checks done including numbers of denials and contested denials;

(2) a breakdown of the number of crimes which caused denials and the number of referrals for prosecutions which resulted from denials;

(3) the length of time that records are maintained and the percentage of time that state and federal databases were not functioning.

For fiscal year 2000 the report shall cover from March 1 through June 30.

Sec. 61a. TRANSITION OF BRADY CHECKS TO NICS/APPEAL

PROCESS

The commissioner of public safety shall develop a plan to upload Vermont criminal information to the National Instant Criminal Background Checks System (NICS) which will enable a transition of responsibility for Brady checks to NICS on or before June 30, 2001. The commissioner shall also assure that there is a complaint and appeal process in place throughout the insta-check contract. A report of the number of complaints and appeals and said plan to upload Vermont criminal information shall be submitted to the house and senate appropriations and judiciary committees no later than January 15, 2001.

Sec. 62. POSITIONS AUTHORIZED

(a) The establishment of the following positions in fiscal year 2000 is authorized to replace ongoing contractual and temporary services:

(1) Tax - administration/collection: Two (2) new classified positions - Data Clerk.

(2) Buildings and general services - facilities operations: Seven (7) new classified positions - Buildings Custodian A.

(3) Buildings and general services - property management: Five (5) new classified positions - one (1) General Counsel, one (1) Maintenance Mechanic B, two (2) Buildings Custodian A and (1) Buildings Custodian.

(4) Transportation - rail and aviation: One (1) new classified position - Airport Operations Specialist.

(5) Forests, parks and recreation - state parks: One (1) new classified position - Secretary C.

(6) Environmental conservation - office of water programs: One (1) new classified position - Environmental Scientist III.

(7) Social and rehabilitation services - child care services: One (1) new exempt position - Assistant Attorney General.

(8) State's attorneys: One (1) new exempt position - Secretary IV.

(9) Public safety - Emergency Management: One (1) new classified position - Secretary B.

(10) Corrections - administration: One (1) new classified position - Law Clerk.

(11) Corrections - corrections services: Two (2) new classified positions - District Office Clerk.

(b) The establishment of the following new positions is authorized in fiscal year 2000:

(1) Social Welfare - administration: Eleven (11) new classified positions - five (5) Medicaid Consultative Service Coordinator, one (1) Accountant C, one (1) Administrative Assistant A, one (1) Quality Assurance Nurse Manager, two (2) Medical Records Specialist and one (1) Secretary C.

(2) Transportation - project development and special projects unit: Four (4) new classified positions - three (3) Transportation Technician III and one (1) Technician Project Supervisor.

Sec. 63. GRANT ACCEPTANCE

Notwithstanding 32 V.S.A. § 5, the following grant is hereby accepted and appropriated to the department indicated for the purpose specified by the grantor:

(1) $223,238 in federal grant funds from the U.S. Department of Justice Office of Community Oriented Policing Services (COPS) to the department of public safety to support increased civilian clerical support in the state police field offices in order to make available nine (9) full-time equivalent trooper positions. The establishment of twelve (12) new classified positions - Clerk B - is authorized in fiscal year 2000.

Sec. 64. EFFECTIVE DATE

This act shall take effect from passage.

Approved: February 8, 2000