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NO. 152. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.

(H.842)

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

Sec. 1. SHORT TITLE

This bill may be referred to as the BIG BILL - Fiscal Year 2001 Appropriations Act.

Sec. 2. PURPOSE

The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2001. It is the express 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, 2000. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2001 so as to meet this condition unless otherwise directed by specific language in this act.

Sec. 3. APPROPRIATIONS

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 purpose indicated. These appropriations shall be the only appropriations available, notwithstanding any other acts or laws. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.

Sec. 4. TIME AVAILABLE

The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2001. 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 been paid from the appropriations of a prior year, shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended.

Sec. 5. DEFINITIONS

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.

Sec. 6. SOURCE OF FUNDS

The appropriations made in this act are made for the fiscal year ending June

30, 2001 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 services589,217
  Operating expenses52,826 
   Total642,043
 Source of funds 
  General fund376,009
  Transportation fund61,034
  Interdepartmental transfer205,000 
   Total642,043

Sec. 8.
 
Secretary of administration - GOVNet
 
  Personal services370,732
  Operating expenses1,229,268 
   Total1,600,000
 Source of funds 
  Internal service funds1,600,000

Sec. 9.
 
Finance and management - budget and management
 
  Personal services681,944
  Operating expenses54,908 
   Total736,852
 Source of funds 
  General fund597,042
  Transportation fund129,810
  Interdepartmental transfer10,000 
   Total736,852

Sec. 10.
 
Finance and management - financial operations
 
  Personal services890,023
  Operating expenses156,554 
   Total1,046,577
 Source of funds 
  General fund643,553
  Transportation fund350,080
  Federal fund5,000
  Special funds47,944 
   Total1,046,577

Sec. 11.
 
Personnel - operations
 
  Personal services2,144,305
  Operating expenses448,806 
   Total2,593,111
 Source of funds 
  General fund1,831,020
  Transportation fund636,891
  Special funds48,000
  Internal service funds70,000
  Interdepartmental transfer7,200 
   Total2,593,111

Sec. 12.
 
Personnel - employee benefits
 
  Personal services705,091
  Operating expenses304,935 
   Total1,010,026
 Source of funds 
  Internal service funds1,010,026

(a) The establishment of one (1) new classified position - Medical Supervisor - is authorized in fiscal year 2001.

Sec. 13.
 
Buildings and general services - administrative
 
  Personal services731,557
  Operating expenses137,900 
   Total869,457
 Source of funds 
  General fund430,428
  Transportation fund65,203
  Interdepartmental transfer373,826 
   Total869,457

Sec. 14.
 
Buildings and general services - facilities operations
 
  Personal services5,780,547
  Operating expenses5,960,482 
   Total11,741,029
 Source of funds 
  General fund9,635,731
  Transportation fund1,805,298
  Interdepartmental transfer300,000 
   Total11,741,029

(a) The establishment of four (4) new classified positions - one (1) Plant Maintenance Supervisor A, two (2) Buildings Custodian A, and one (1) Buildings Custodian B - is authorized in fiscal year 2001.

Sec. 15.
 
Buildings and general services - engineering
 
  Personal services1,378,291
  Operating expenses184,750 
   Total1,563,041
 Source of funds 
  General fund1,404,165
  Transportation fund93,876
  Interdepartmental transfer65,000 
   Total1,563,041

Sec. 16.
 
Buildings and general services - property management
 
  Personal services501,929
  Operating expenses3,795,431 
   Total4,297,360
 Source of funds 
  Internal service funds4,297,360

(a) The establishment of two (2) new classified positions - one (1) Data Base Administrator and one (1) Maintenance Mechanic B - is authorized in fiscal year 2001.

Sec. 17.
 
Buildings and general services - postal
 
  Personal services501,086
  Operating expenses358,438 
   Total859,524
 Source of funds 
  General fund77,114
  Transportation fund65,291
  Internal service funds717,119 
   Total859,524

Sec. 18.
 
Buildings and general services - supply center
 
  Personal services214,971
  Operating expenses196,781 
   Total411,752
 Source of funds 
  Internal service funds411,752

Sec. 19.
 
Buildings and general services - copy center
 
  Personal services585,470
  Operating expenses833,263 
   Total1,418,733
 Source of funds 
  Internal service funds1,418,733

Sec. 20.
 
Buildings and general services - purchasing
 
  Personal services637,068
  Operating expenses135,062 
   Total772,130
 Source of funds 
  General fund512,066
  Transportation fund260,064 
   Total772,130

Sec. 21.
 
Buildings and general services - public records
 
  Personal services654,583
  Operating expenses197,633 
   Total852,216
 Source of funds 
  General fund594,014
  Transportation fund87,992
  Special funds170,210 
   Total852,216

Sec. 22.
 
Buildings and general services - communications & information technology
 
  Personal services2,456,311
  Operating expenses3,341,100 
   Total5,797,411
 Source of funds 
  Internal service funds5,797,411

Sec. 23.
 
Buildings and general services - state surplus property
 
  Personal services40,628
  Operating expenses29,908 
   Total70,536
 Source of funds 
  Internal service funds70,536

Sec. 24.
 
Buildings and general services - federal surplus property
 
  Personal services37,860
  Operating expenses62,755 
   Total100,615
 Source of funds 
  Enterprise funds100,615

Sec. 25.
 
Buildings and general services - workers' compensation insurance
 
  Personal services727,418
  Operating expenses192,698 
   Total920,116
 Source of funds 
  Internal service funds920,116

Sec. 26.
 
Buildings and general services - general liability insurance
 
  Personal services285,133
  Operating expenses397,250 
   Total682,383
 Source of funds 
  Internal service funds682,383

(a) The establishment of two (2) new classified positions - one (1) Industrial Hygienist and one (1) Administrative Assistant - is authorized in fiscal year 2001.

Sec. 27.
 
Buildings and general services - all other insurance
 
  Personal services27,614
  Operating expenses14,807 
   Total42,421
 Source of funds 
  Internal service funds42,421

Sec. 28.
 
Buildings and general services - information centers
 
  Personal services2,262,163
  Operating expenses655,302
  Grants175,000 
   Total3,092,465
 Source of funds 
  General fund313,729
  Transportation fund2,726,736
  Special funds52,000 
   Total3,092,465

Sec. 29.
 
Tax - administration/collection
 
  Personal services8,797,380
  Operating expenses2,289,571 
   Total11,086,951
 Source of funds 
  General fund10,412,214
  Transportation fund258,427
  Special funds331,310
  Interdepartmental transfer85,000 
   Total11,086,951

(a) The establishment of two (2) new classified positions - one (1) Tax Examiner III and one (1) Tax Examiner II - is authorized in fiscal year 2001.

(b) The establishment of one (1) new exempt position - Research Economist - is authorized in fiscal year 2001.

Sec. 30.
 
Libraries
 
  Personal services1,584,301
  Operating expenses1,076,230
  Grants91,300 
   Total2,751,831
 Source of funds 
  General fund1,932,931
  Federal funds688,700
  Special funds64,200
  Interdepartmental transfer66,000 
   Total2,751,831

Sec. 30a. 22 V.S.A. § 610 is added to read:

§ 610. NONPROFIT FOUNDATION FOR PUBLIC LIBRARY SERVICES

The state librarian is authorized to establish a nonprofit foundation for the purpose of raising funds from private sources to enhance public library services in Vermont. All funds from private sources shall be used for grants to Vermont public libraries as defined by section 101 of this title to further any purpose considered to be in harmony with the original purpose of the gift. The state librarian shall not spend more than $5,000.00 of appropriated funds in any one fiscal year to establish and to administer the nonprofit foundation. No funds raised from private sources shall be used by the state librarian to replace funds appropriated for the operation of the department of libraries. Annually, the state librarian shall file a report with the general assembly describing the funds received and grants made by the foundation.

Sec. 31.
 
Geographic information system
 
  Grants382,041
 Source of funds 
  Special funds382,041

Sec. 32.
 
Auditor of accounts
 
  Personal services1,375,000
  Operating expenses80,193 
   Total1,455,193
 Source of funds 
  General fund435,718
  Transportation fund69,490
  Special funds49,173
  Internal service fund900,812 
   Total1,455,193

Sec. 33.
 
State treasurer
 
  Personal services1,845,825
  Operating expenses330,865 
   Total2,176,690
 Source of funds 
  General fund494,001
  Transportation fund121,214
  Special funds963,545
  Expendable trust597,930 
   Total2,176,690

(a) The establishment of one (1) new classified position - Education and Communications Specialist - is authorized in fiscal year 2001.

Sec. 34.
 
Vermont state retirement system
 
  Personal services9,662,141
  Operating expenses97,597 
   Total9,759,738
 Source of funds 
  Special funds9,759,738

Sec. 35.
 
Municipal employees' retirement system
 
  Personal services773,965
  Operating expenses35,368 
   Total809,333
 Source of funds 
  Special funds809,333

Sec. 36.
 
State labor relations board
 
  Personal services145,744
  Operating expenses23,540 
   Total169,284
 Source of funds 
  General fund158,663
  Transportation fund5,412
  Special funds5,209 
   Total169,284

Sec. 37.
 
Executive office
 
  Personal services998,504
  Operating expenses222,576
  Grants51,978
  Unrestricted fund13,000 
   Total1,286,058
 Source of funds 
  General fund990,249
  Transportation fund183,709
  Special funds3,100
  Interdepartmental transfer109,000 
   Total1,286,058

Sec. 38.
 
Executive office - national and community service
 
  Personal services177,159
  Operating expenses86,335
  Grants1,272,320 
   Total1,535,814
 Source of funds 
  General fund56,069
  Federal funds1,460,847
  Interdepartmental transfer18,898 
   Total1,535,814

Sec. 39.
 
VOSHA review board
 
  Personal services26,000
  Operating expenses3,000 
   Total29,000
 Source of funds 
  General fund11,645
  Federal funds17,355 
   Total29,000

Sec. 40.
 
Use tax reimbursement fund - municipal current use
 
  Other4,260,000
 Source of funds 
  General fund2,096,250
  Transportation fund2,163,750 
   Total4,260,000

Sec. 41.
 
Lieutenant governor
 
  Personal services100,321
  Operating expenses7,414 
   Total107,735
 Source of funds 
  General fund85,691
  Transportation fund22,044 
   Total107,735

Sec. 42.
 
Legislature
 
  Other4,179,758
 Source of funds 
  General fund3,322,821
  Transportation fund856,937 
   Total4,179,758

Sec. 43.
 
Legislative council
 
  Personal services1,574,611
  Operating expenses12,000 
   Total1,586,611
 Source of funds 
  General fund1,316,558
  Transportation fund270,053 
   Total1,586,611

Sec. 44.
 
Sergeant at arms
 
  Personal services209,267
  Operating expenses44,942 
   Total254,209
 Source of funds 
  General fund206,366
  Transportation fund47,843 
   Total254,209

Sec. 45.
 
Joint fiscal committee
 
  Personal services711,376
  Operating expenses31,676 
   Total743,052
 Source of funds 
  General fund584,681
  Transportation fund158,371 
   Total743,052

(a) The establishment of one (1) new exempt position – Fiscal Analyst – is authorized in fiscal year 2000.

Sec. 46.
 
Lottery commission
 
  Personal services946,690
  Operating expenses732,800 
   Total1,679,490
 Source of funds 
  Enterprise funds1,679,490

Sec. 47.
 
Payments in lieu of taxes
 
  Grants1,650,000
 Source of funds 
  General fund1,250,000
  Special funds400,000 
   Total1,650,000

(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32 and said payments shall be calculated in addition to, and without regard to, the appropriations in Secs. 48 and 49 of this act.

(b) Of the above appropriation, $1,000,000.00 in general funds shall be considered a one-time appropriation.

Sec. 48.
 
Payments in lieu of taxes - Montpelier services
 
  Grants184,000
 Source of funds 
  General fund184,000

Sec. 49.
 
Payments in lieu of taxes - correctional facilities
 
  Grants40,000
 Source of funds 
  General fund40,000

Sec. 50.
 
Total general government87,246,586
 
 Source of funds 
  General fund39,992,728
  Transportation fund10,439,525
  Federal funds2,171,902
  Special funds13,085,803
  Enterprise funds1,780,105
  Expendable trust597,930
  Internal service funds17,938,669
  Interdepartmental transfer1,239,924 
   Total87,246,586

Sec. 51.
 
Protection to persons and property - Attorney general
 
  Personal services4,005,943
  Operating expenses408,200 
   Total4,414,143
 Source of funds 
  General fund2,174,593
  Transportation fund81,696
  Federal funds460,000
  Special funds670,113
  Tobacco fund190,000
  Interdepartmental transfer837,741 
   Total4,414,143

(a) The establishment of two (2) new exempt positions - Assistant Attorney General - is authorized in fiscal year 2001.

Sec. 52.
 
Vermont court diversion
 
  Grants862,626
 Source of funds 
  General fund453,072
  Transportation fund177,804
  Special funds231,750 
   Total862,626

Sec. 53.
 
Center for crime victim services
 
  Personal services459,421
  Operating expenses136,363
  Grants3,799,941
  Other575,000 
   Total4,970,725
 Source of funds 
  General fund587,230
  Federal funds3,389,495
  Special funds994,000 
   Total4,970,725

Sec. 54.
 
State's attorneys
 
  Personal services6,268,458
  Operating expenses687,956
  Grants120,000 
   Total7,076,414
 Source of funds 
  General fund4,952,958
  Transportation fund436,856
  Federal funds353,000
  Special funds118,600
  Interdepartmental transfer1,215,000 
   Total7,076,414

(a) The establishment of two new exempt positions - one (1) Deputy State’s Attorney and one (1) Secretary IV - is authorized for Chittenden County in fiscal year 2001.

Sec. 55.
 
Sheriffs
 
  Personal services1,964,360
  Operating expenses235,900 
   Total2,200,260
 Source of funds 
  General fund1,531,839
  Transportation fund668,421 
   Total2,200,260

(a) 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.

(b) The establishment of six (6) new exempt positions - Deputy Sheriff - is authorized in fiscal year 2001.

Sec. 56.
 
Defender general - public defense
 
  Personal services4,388,278
  Operating expenses440,724 
   Total4,829,002
 Source of funds 
  General fund3,904,039
  Transportation fund623,234
  Federal funds40,000
  Special funds261,729 
   Total4,829,002

(a) The establishment of two (2) new exempt positions - one (1) Staff Attorney and one (1) Investigator - is authorized in fiscal year 2001.

Sec. 56a. Sec. 57 of No. 62 of the Acts of 1999, as amended by Sec. 12 of No. 66 of the Acts of 2000, is further amended to read:

Sec. 57.
 
Defender general - public defense
 
  Personal services*[4,157,956]*4,183,956
  Operating expenses*[440,724]* 474,724 
   Total*[4,598,680]*4,658,680
 Source of funds 
  General fund*[3,698,676]*3,758,676
  Transportation fund600,692600,692
  Federal funds48,00048,000
  Special funds251,312 251,312 
   Total*[4,598,680]*4,658,680

* * *

Sec. 56b. INDIGENT DEFENSE TASK FORCE STUDY

(a) An indigent defense task force shall study the structure of and funding for the office of the defender general and ways to improve services to clients. Former chief justice Frederic W. Allen shall be chair of the task force. The remaining membership of the task force shall consist of two members appointed by the Governor, two members appointed by the chief justice of the Vermont supreme court, and two members appointed by the Vermont bar association. The first meeting of the task force shall take place on or before July 1, 2000. Members of the task force shall have backgrounds in law enforcement, public defense, prosecution and the judiciary; but not be currently employed in these areas nor currently employed by any criminal justice agency or by the judiciary. The task force study shall review the structure and funding of public defender services in Vermont and in other states, and alternative models for organizing and delivering public defender services. Subjects of study shall include, but not be limited to: the process by which counsel is assigned, including eligibility criteria; the use of assigned counsel contractors and ad hoc counsel; current budget allocation and management of provision of services; oversight of work performed on behalf of clients; processes to measure quality of service; the functions and role of independent public-defense commissions in other states; a comparison of salaries among the criminal justice agencies in Vermont and in other states; training, supervision, and mentoring needs within the defender general’s office. The task force may utilize the assistance of staff from the joint fiscal office and legislative council, and information should be made available from the department of finance and management, attorney general’s office, defender general, department of public safety, state’s attorneys, center for justice research, court administrator, and supreme court, as well as consulting services available through federal funding. The task force shall report its findings and recommendations to the house and senate committees on judiciary, appropriations, and government operations on November 15, 2000.

Sec. 57.
 
Defender general - assigned counsel
 
  Personal services2,170,050
  Operating expenses34,505 
   Total2,204,555
 Source of funds 
  General fund1,944,549
  Transportation fund260,006 
   Total2,204,555

Sec. 58.
 
Military - administrative
 
  Personal services567,995
  Operating expenses455,962
  Grants142,000 
   Total1,165,957
 Source of funds 
  General fund1,130,957
  Special funds35,000 
   Total1,165,957

(a) $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which is comprised of $142,000.00 of the above appropriation and $58,000.00 carry-forward fiscal year 2000 funds.

(b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not exceed $200,000.00 in fiscal year 2001, nor shall commitments or obligations be made for expenditure amounts above $200,000.00 in fiscal year 2002.

Sec. 59.
 
Military - veterans' affairs
 
  Personal services126,439
  Operating expenses21,265
  Grants74,000 
   Total221,704
 Source of funds 
  General fund221,704

(a) The establishment of one (1) new classified position - Veterans’ Coordinator - is authorized in fiscal year 2001.

Sec. 60.
 
Military - army service contract
 
  Personal services927,812
  Operating expenses1,506,620 
   Total2,434,432
 Source of funds 
  General fund102,492
  Federal funds2,331,940 
   Total2,434,432

Sec. 61.
 
Military - air service contract
 
  Personal services2,518,585
  Operating expenses482,400 
   Total3,000,985
 Source of funds 
  General fund244,401
  Federal funds2,756,584 
   Total3,000,985

Sec. 62.
 
Military - building maintenance
 
  Personal services537,098
  Operating expenses130,030 
   Total667,128
 Source of funds 
  General fund667,128

(a) The establishment of one (1) new classified position - Military Maintenance Specialist - is authorized in fiscal year 2001.

Sec. 63.
 
Labor and Industry
 
  Personal services3,878,593
  Operating expenses921,700 
   Total4,800,293
 Source of funds 
  General fund704,265
  Federal funds470,196
  Special funds3,580,832
  Interdepartmental transfer45,000 
   Total4,800,293

Sec. 64.
 
Criminal justice training council
 
  Personal services605,909
  Operating expenses266,286 
   Total872,195
 Source of funds 
  General fund150,255
  Transportation fund346,281
  Special funds255,659
  Interdepartmental transfer120,000 
   Total872,195

Sec. 65.
 
Liquor control - enforcement and licensing
 
  Personal services1,355,957
  Operating expenses403,043 
   Total1,759,000
 Source of funds 
  Federal funds104,733
  Tobacco fund309,000
  Enterprise funds1,303,267
  Interdepartmental transfer42,000 
   Total1,759,000

Sec. 66.
 
Liquor control - administration
 
  Personal services1,397,202
  Operating expenses786,798 
   Total2,184,000
 Source of funds 
  Enterprise funds2,184,000

Sec. 67.
 
Vermont racing commission
 
  Personal services2,500
  Operating expenses4,500 
   Total7,000
 Source of funds 
  Special funds7,000

Sec. 68.
 
Secretary of state
 
  Personal services2,232,002
  Operating expenses1,035,722 
   Total3,267,724
 Source of funds 
  General fund656,448
  Special funds2,536,276
  Interdepartmental transfer75,000 
   Total3,267,724

(a) $323,000.00 of the above special fund appropriation shall be from the securities regulation and supervision fund.

Sec. 68a. 9 V.S.A. § 4230(b) is amended to read:

(b) There is hereby created a fund to be known as the securities regulation and supervision fund. The fund shall be usedfor the purpose of providing the commissioner the means to administer the provisions of this chapter, and for the support of the corporate records division and other corporate regulatory activities of the office of the secretary of state. All sales representative and investment adviser representative registration and renewal fees received pursuant to sections 4217 and 4218, and all examination fees and investigation expenses received pursuant to sections 4231 and 4233 of this title shall be transmitted to the state treasurer and credited to this fund. All payments from the securities regulatory and supervision fund for the maintenance of staff and associated expenses including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the commissioner of finance and management, after receipt of proper documentation regarding services rendered and expenses incurred.

Sec. 69.
 
Medical practice board
 
  Personal services477,127
  Operating expenses116,287 
   Total593,414
 Source of funds 
  Special funds593,414

Sec. 70.
 
Banking, insurance, securities, and health care administration - administration
 
  Personal services591,074
  Operating expenses20,000 
   Total611,074
 Source of funds 
  Special funds611,074

(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2001, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000.00 from the securities regulation and supervision fund, to the financial institutions supervision fund established in 8 V.S.A. § 504(d). Within 30 days of said transfer, the department shall report to the house appropriations and ways and means committees and the senate appropriations and finance committees on the implications of any transfer on future years’ revenues and expenditures.

Sec. 71.
 
Banking, insurance, securities, and health care administration - banking
 
  Personal services968,407
  Operating expenses317,500 
   Total1,285,907
 Source of funds 
  Special funds1,285,907

Sec. 72.
 
Banking, insurance, securities, and health care administration - insurance
 
  Personal services3,186,634
  Operating expenses492,616 
   Total3,679,250
 Source of funds 
  Special funds3,679,250

Sec. 73.
 
Banking, insurance, securities, and health care administration - securities
 
  Personal services423,527
  Operating expenses123,150 
   Total546,677
 Source of funds 
  Special funds546,677

Sec. 74.
 
Banking, insurance, securities, and health care administration - captive
 
  Personal services1,171,980
  Operating expenses250,715 
   Total1,422,695
 Source of funds 
  Special funds1,422,695

Sec. 75.
 
Banking, insurance, securities, and health care administration - health care administration
 
  Personal services2,084,667
  Operating expenses369,333 
   Total2,454,000
 Source of funds 
  General fund538,601
  Special funds1,915,399 
   Total2,454,000

Sec. 76.
 
Public safety - state police
 
  Personal services24,894,782
  Operating expenses5,065,848
  Grants1,473,000
  Other73,000 
   Total31,506,630
 Source of funds 
  General fund6,602,053
  Transportation fund19,223,415
  Federal funds2,759,545
  Special funds1,643,511
  Interdepartmental transfer1,278,106 
   Total31,506,630

(a) The department of public safety shall provide business manager services for the Vermont criminal justice training council and for the Vermont fire service training council.

(b) Of the above appropriation, $1,372,875.00 shall be expended for police cruisers for field duty work, $22,000.00 shall be available for snowmobile law enforcement activities and $25,000.00 shall be available to the Southern Vermont wilderness search and rescue team, which is comprised of state police, department of fish and wildlife, county sheriffs and local law enforcement personnel in Bennington, Windham and Windsor counties, for a snowmobile enforcement demonstration project. Funds distributed to the demonstration project by the commissioner of public safety shall be used for snowmobile law enforcement purposes, purchase of snowmobiles for law enforcement purposes and in a manner agreed to by the commissioner and the Southern Vermont search and rescue team. The commissioner shall report to the general assembly on or before January 15, 2002 on the expenditures and activities of the snowmobile enforcement demonstration project. The governor's snowmobile council shall examine the issue of statewide snowmobile enforcement looking at the different needs of the various regions of the state and report to the legislature its recommendations regarding the appropriate level of funding for statewide snowmobile enforcement as well as for each enforcement agency by January 15, 2001.

(c) The establishment of six (6) new classified positions - one (1) Telecommunicator Supervisor, three (3) Clerk Dispatcher, one (1) Accountant A, and one (1) Clerk - is authorized in fiscal year 2001.

(d) The establishment of ten (10) new classified positions - Trooper - is authorized in fiscal year 2001.

(e) In order to facilitate a smooth transition of state police recruits to the permanent state police force, the establishment of twenty (20) new classified positions - Trooper Recruit Trainee - is hereby authorized to be established in fiscal year 2001 in the department of public safety. Position incumbents shall not remain in the position for more than six months before transitioning to a permanent state police position.

(f) In an effort to expand the pool of eligible and diverse applicants when recruiting to fill state trooper positions, the department shall actively solicit applications from the entire eastern seaboard region of the country.

Sec. 76a. NATIONAL INSTANT CHECK SYSTEM

(a) The director of the Vermont center for criminal information is directed to enter into negotiations with officials from the Federal Bureau of Investigation that will facilitate the transfer of federal Brady firearms background checks from the state of Vermont to the bureau. Any negotiated agreement between the bureau and the state of Vermont shall provide that the checks conducted by the bureau of potential Vermont firearm purchasers be at least as comprehensive as those currently undertaken by the state of Vermont. The director shall request that the bureau grant to the state of Vermont any exemptions that have been granted to other states. The director shall report the result of these negotiations to the house and senate committees on appropriations by December 15, 2000.

Sec. 77. 23 V.S.A. § 1220a(b)(3) is amended to read:

(3) beginning in fiscal year 2000 and thereafter, *[one and three-quarters]* twopercent of the revenues raised by the motor fuel tax on gasoline imposed by chapter 28 of this title; and

Sec. 78.
 
Public safety - criminal justice services
 
  Personal services4,835,061
  Operating expenses3,394,098
  Grants1,578,900 
   Total9,808,059
 Source of funds 
  General fund135,000
  Transportation fund2,936,786
  Federal funds4,300,192
  Special funds1,924,177
  Interdepartmental transfer511,904 
   Total9,808,059

(a) The Vermont center for justice research is designated as the state's instrumentality to receive statistical analysis center federal funds.

(b) The establishment of one (1) new classified position - Network Administrator - is authorized in fiscal year 2001.

Sec. 78a. 13 V.S.A. § 5402 is amended to read:

§ 5402. SEX OFFENDER REGISTRY

* * *

(b) All information contained in the registry *[shall be confidential and shall not be disclosed to any person, except that the information may be disclosed to ]*may be disclosed for any purpose permitted under the law of this state, including use by:

(1) local, state and federal law enforcement agencies exclusively for lawful law enforcement purposes;

(2) state and federal governmental agencies for the exclusive purpose of conducting confidential background checks;

(3) any employer, including a school district, who is authorized by law to request records and information from the Vermont criminal information center, where such disclosure is necessary to protect the public concerning persons required to register under this subchapter. The identity of a victim of an offense that requires registration shall not be released; and

(4) a person identified as a sex offender in the registry for the purpose of reviewing the accuracy of any record relating to him or her. The identity of a victim of an offense that requires registration shall not be released.

* * *

Sec. 78b. 13 V.S.A. § 5411 is amended to read:

§ 5411. NOTIFICATION TO LOCAL LAW ENFORCEMENT

(a) Upon a sex offender's release or change of address, the department shall immediately notify the local law enforcement agency of the following information, which may be used only for lawful law enforcement purposes:

(1) name;

(2) general physical description;

(3) nature of offense;

(4) sentence;

(5) conditions of release;

(6) the fact that the registry has on file additional information, including the sex offender's photograph and fingerprints; and

(7) current employment.

(b) The department of public safety, and any local law enforcement agency authorized by the department of public safety, shall release relevant registry information necessary to protect the public concerning persons required to register under state law if the requestor can articulate a specific concern about the requestor’s personal safety or the safety of the requestor’s family. However, the identity of a victim of an offense shall not be released.

Sec. 78c. DEPARTMENT OF PUBLIC SAFETY; RULEMAKING; RELEASE OF SEX OFFENDER REGISTRY INFORMATION

The department of public safety shall develop rules governing the release of sex offender registry information to the public by the department of public safety, and any local law enforcement agency authorized by the department of public safety.

Sec. 79.
 
Public safety - emergency management
 
  Personal services949,610
  Operating expenses463,386
  Grants735,700 
   Total2,148,696
 Source of funds 
  General fund89,500
  Transportation fund75,990
  Federal funds1,604,670
  Special funds378,536 
   Total2,148,696

Sec. 80.
 
Agriculture, food and markets - administration
 
  Personal services570,566
  Operating expenses91,810
  Grants509,871 
   Total1,172,247
 Source of funds 
  General fund726,321
  Federal funds250,000
  Special funds71,855
  Interdepartmental transfer124,071 
   Total1,172,247

Sec. 81.
 
Agriculture, food and markets - agriculture development
 
  Personal services477,504
  Operating expenses119,064
  Other368,247 
   Total964,815
 Source of funds 
  General fund562,981
  Special funds326,834
  Interdepartmental transfer75,000 
   Total964,815

Sec. 82.
 
Agriculture, food and markets - animal and dairy
 
  Personal services1,310,826
  Operating expenses247,539
  Grants1,492 
   Total1,559,857
 Source of funds 
  General fund996,613
  Federal funds510,244
  Special funds48,000
  Interdepartmental transfer5,000 
   Total1,559,857

Sec. 83.
 
Agriculture, food and markets - plant industry, labs and consumer assurance
 
  Personal services1,962,664
  Operating expenses481,403 
   Total2,444,067
 Source of funds 
  General fund586,114
  Transportation fund45,013
  Federal funds399,633
  Special funds1,215,441
  Interdepartmental transfer197,866 
   Total2,444,067

(a) The establishment of one (1) new classified position - Environmental Engineer - is authorized in fiscal year 2001.

Sec. 84.
 
Agriculture, food and markets - state stipend
 
  Grants150,000
 Source of funds 
  General funds150,000

(a) The department of agriculture, food and markets shall work with the fairs and field days association to review the levels of awards and premiums awarded to youth and public exhibitors. The department shall report back to the house and senate appropriations committees on this review by January 1, 2001.

Sec. 85.
 
Agriculture, food and markets - mosquito control
 
  Grants90,000
 Source of funds 
  Special funds90,000

Sec. 86.
 
Public service - regulation and energy
 
  Personal services3,969,100
  Operating expenses673,513
  Grants350,000 
   Total4,992,613
 Source of funds 
  Federal funds1,020,500
  Special funds3,947,113
  Interdepartmental transfer25,000 
   Total4,992,613

Sec. 87.
 
Public service - purchase and sale of power
 
  Personal services7,442
  Operating expenses426 
   Total7,868
 Source of funds 
  Special funds7,868

Sec. 88.
 
Enhanced 9-1-1 Board
 
  Personal services1,962,421
  Operating expenses298,582 
   Total2,261,003
 Source of funds 
  Special funds2,261,003

(a) 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 individual furnishes an alternative mailing address.

(b) Notwithstanding the provisions of 30 V.S.A. § 7054 or 32 V.S.A. § 511, monies deposited into the E-911 fund and carried forward to a subsequent fiscal year shall not be spent, as excess receipts or otherwise, for the construction or maintenance of any public service answering points not already in operation on January 1, 2001 without an express, annual appropriation of the general assembly.

Sec. 89.
 
Public service board
 
  Personal services2,009,964
  Operating expenses295,000 
   Total2,304,964
 Source of funds 
  Special funds2,304,964

(a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Information Technology Specialist - is authorized in fiscal year 2001.

Sec. 90.
 
Judiciary
 
  Personal services18,886,526
  Operating expenses3,098,900
  Other2,000 
   Total21,987,426
 Source of funds 
  General fund16,284,806
  Transportation fund3,565,620
  Federal funds127,000
  Interdepartmental transfer2,010,000 
   Total21,987,426

(a) The establishment of seven (7) new exempt positions - two (2) Court Officer, two (2) Court Recorder, two (2) Docket Clerk and one (1) Information Technology Specialist - is authorized in fiscal year 2001.

(b) The establishment of six (6) exempt limited service positions - one (1) Information Technology Specialist III, one (1) Information Technology Specialist II, one (1) Information Technology Specialist I, one (1) Network Specialist II, one (1) Juvenile Justice Systems Improvement Manager and one (1) Administrative Assistant A - is authorized in fiscal 2001 for the duration of their respective grants.

Sec. 91. 4 V.S.A. § 71(a) is amended to read:

(a) There shall be *[12]* 14superior judges, whose terms of office shall, except in the case of an appointment to fill a vacancy or unexpired term, begin on April 1 in the year of their appointment or retention, and continue for six years.

Sec. 92.
 
Human rights commission
 
  Personal services290,531
  Operating expenses37,564 
   Total328,095
 Source of funds 
  General fund261,490
  Federal funds66,604
  Special funds1 
   Total328,095

Sec. 93.
 
Vermont radiological emergency response plan fund
 
  Other400,000
 Source of funds 
  Special funds400,000

Sec. 94.
 
Vermont fire service training council
 
  Personal services547,517
  Operating expenses297,853 
   Total845,370
 Source of funds 
  General fund62,199
  Transportation fund98,994
  Federal funds205,000
  Special funds370,877
  Interdepartmental transfer108,300 
   Total845,370

Sec. 95.
 
Total protection to persons and property140,502,870
 
 Source of funds 
  General fund46,421,608
  Transportation fund28,540,116
  Federal funds21,149,336
  Special funds33,735,555
  Tobacco fund499,000
  Enterprise funds3,487,267
  Interdepartmental transfer6,669,988 
   Total140,502,870

Sec. 96.
 
Human services - agency of human services - central office
 
  Personal services3,126,592
  Operating expenses944,106
  Grants5,965,162 
   Total10,035,860
 Source of funds 
  General fund3,669,785
  Federal funds6,063,802
  Special funds302,273 
   Total10,035,860

(a) The establishment of one (1) new classified position - Systems Developer II - is authorized in fiscal year 2001.

Sec. 97. IMPROVING OUTCOMES THROUGH THE STATE TEAM

FOR CHILDREN, FAMILIES, INDIVIDUALS, AND THE REGIONAL AND COMMUNITY PARTNERSHIPS

(a) 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, the state colleges, the health care system, 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.

(b) 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, and youth successfully transition to adulthood.

(c) On or before February 15 of each year, 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 The State Team for Children, Families and Individuals and Regional and Community 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. 98.
 
Rate setting
 
  Personal services565,392
  Operating expenses63,310 
   Total628,702
 Source of funds 
  Interdepartmental transfer628,702

Sec. 99.
 
Human services board
 
  Personal services210,118
  Operating expenses16,972 
   Total227,090
 Source of funds 
  General fund87,731
  Federal funds116,859
  Interdepartmental transfer22,500 
   Total227,090

Sec. 100.
 
Corrections - administration
 
  Personal services1,499,082
  Operating expenses322,087
  Grants3,508,544 
   Total5,329,713
 Source of funds 
  General fund1,759,713
  Federal funds3,550,000
  Special funds20,000 
   Total5,329,713

(a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Inmate Legal Education Director - is authorized in fiscal year 2001.

(b) In an effort to decrease the future demand for correctional services, the department of corrections and the agency of human services shall work with Vermont municipalities in developing citizen participation to create crime prevention activities and resolve such crime-related conflicts as are identified by interested municipalities.

Sec. 101.
 
Corrections - parole board
 
  Personal services174,233
  Operating expenses79,555 
   Total253,788
 Source of funds 
  General fund253,788

Sec. 102.
 
Corrections - corrections services
 
  Personal services43,750,192
  Operating expenses24,503,559
  Grants185,000 
   Total68,438,751
 Source of funds 
  General fund65,827,293
  Transportation fund1,402,578
  Federal funds457,995
  Special funds274,500
  Interdepartmental transfer476,385 
   Total68,438,751

(a) The following positions are authorized to replace ongoing temporary services. The establishment of twenty (20) new classified positions - Correctional Officer I - is authorized in fiscal year 2001.

(b) $35,000.00 of the above general fund appropriation shall be used as a grant to Dismas House.

Sec. 102a. 28 V.S.A. § 816 is amended to read:

§ 816. INMATE RECREATION FUND

The department shall accept monies generated by commissions on telephone services, commissary sales and sales of vended items at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund may be used, at the discretion of the commissioner, to hire persons or purchase services, equipment and goods to establish or enhance recreation activities for inmates confined in any of the department’s facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities.

Sec. 103.
 
Corrections - correctional facilities
 
  Personal services238,715
  Operating expenses276,900 
   Total515,615
 Source of funds 
  Special funds515,615

Sec. 104.
 
Corrections - correctional education
 
  Personal services2,012,211
  Operating expenses357,925 
   Total2,370,136
 Source of funds 
  General fund2,066,351
  Interdepartmental transfer303,785 
   Total2,370,136

Sec. 105.
 
Corrections - Vermont correctional industries
 
  Personal services987,319
  Operating expenses894,200 
   Total1,881,519
 Source of funds 
  Internal service funds1,881,519

Sec. 106.
 
Developmental disabilities council
 
  Personal services110,167
  Operating expenses35,558
  Other257,368 
   Total403,093
 Source of funds 
  Federal funds403,093

Sec. 107.
 
Health - administration and support
 
  Personal services2,245,043
  Operating expenses989,299 
   Total3,234,342
 Source of funds 
  General fund1,206,496
  Federal funds2,005,829
  Special funds8,017
  Interdepartmental transfer14,000 
   Total3,234,342

Sec. 108.
 
Health - health protection
 
  Personal services2,852,959
  Operating expenses681,600
  Grants137,570 
   Total3,672,129
 Source of funds 
  General fund1,527,101
  Federal funds1,127,703
  Special funds705,600
  Interdepartmental transfer311,725 
   Total3,672,129

Sec. 109.
 
Health - health surveillance
 
  Personal services4,551,462
  Operating expenses1,611,525
  Grants2,000,000 
   Total8,162,987
 Source of funds 
  General fund3,328,381
  Federal funds3,965,703
  Special funds776,638
  Interdepartmental transfer84,265
  Expendable trust8,000 
   Total8,162,987

(a) Of the above general fund appropriation, $300,000.00 shall be used for existing AIDS service organizations or peer-run AIDS organizations for direct client-based case management or directly related support services.

(b) Of the above federal fund appropriation, $83,000.00 shall be used for existing AIDS service organizations or peer-run AIDS organizations for direct client-based case management or directly related support services.

(c) The grants in subsections (a) and (b) of this section to existing AIDS service organizations for case management services shall be awarded equitably on a per client basis and shall be used for services only, not administrative or other purposes. The method by which AIDS service organizations’ clients are counted shall be determined by mutual agreement of the department of health and the AIDS service organizations.

Sec. 110. HIV/AIDS MEDICAL ASSISTANCE PROGRAM

(a) $200,000.00 of the general fund appropriation in Sec. 109 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, nutritional supplements and maximum cost-effectiveness for the program.

(b) 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 persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the legislature can take action.

(c) The secretary of human services shall convene an AMAP advisory committee comprised of no less than 50 percent of members who are living with HIV. The committee shall make recommendations regarding the program's formulary of approved medications, related laboratory testing, nutritional supplements and eligibility for the program.

Sec. 111.
 
Health - health improvement
 
  Personal services3,714,226
  Operating expenses969,323
  Grants6,127,412
  Other739,416 
   Total11,550,377
 Source of funds 
  General fund3,426,901
  Federal funds7,600,535
  Special funds359,441
  Interdepartmental transfer163,500 
   Total11,550,377

(a) 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 payments of taxes due on the award may be considered for payment.

(b) Of the above appropriation, $300,000.00 is to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families. The coalition shall report to the general assembly on or before January 1 of each year with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly.

(c) Of the above appropriation, $200,000.00 is to support the Burlington Health Clinic. The Burlington Health Clinic shall report to the general assembly on or before January 1 of each year with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly.

(d) Of the above appropriation, $290,000.00 general funds shall be dedicated to service delivery to Medicaid recipient children and families through family partnership programs consistent with Sec. 111a of this act and $20,000.00, to be matched with federal Medicaid dollars, shall be used to fund the evaluation of family partnership programs consistent with Sec. 111b of this act.

Sec. 111a. FAMILY PARTNERSHIP PROGRAMS

(a) The secretary of human services, acting through the department of health, shall establish standards and procedures to implement a three-year family partnership demonstration project in the home health agencies of Chittenden, Washington, and Orange/Windsor counties. The commissioner of health shall award grants annually to administer the programs by considering the number of high risk families with children ages zero to five in the identified areas.

(b) The family partnership program demonstration project shall be evaluated, at the expiration of three years, to determine whether implementation of the program should be expanded statewide, in conjunction with the Healthy Babies program of the department of health. The family partnership program shall:

(1) Provide families with individualized, intensive home visiting by specially trained nurses and other professionals who have ongoing supervision.

(2) Focus on families with the greatest needs first, begin interventions during pregnancy, adjust interventions to suit the needs of the individual family, use a multi-problem focus in its interventions, and actively promote health and caregiving behaviors.

(3) Offer training to home visitation staff of other local and state agencies.

(4) Operate under training standards, protocols, staff qualifications and competencies, data and documentation procedures, outcome measures, family risk criteria, and referral mechanisms established in conjunction with the department of health.

(c) Funding for the initial three years shall be used to expand existing home visitation programs in compliance with the criteria in this section.

(d) On or before January 15 of each year, the secretary of human services shall report to the General Assembly on the family partnership programs, including information concerning the number of families served, outcomes for families and children, and the extent of services throughout the state.

Sec. 111b. EVALUATION OF THE FAMILY PARTNERSHIP PROGRAMS

(a) An independent evaluation of the family partnership program, to be facilitated by the department of health, shall be performed for the first three years of the program’s operation.

(b) Interim evaluation reports shall be submitted to the secretary of human services on or before December 15 of each year of the program’s operation. The final evaluation report shall be submitted to the General Assembly on or before January 15, 2004.

Sec. 112.
 
Health - community public health
 
  Personal services8,709,396
  Operating expenses1,383,761
  Grants3,543,330
  Other6,620,000 
   Total20,256,487
 Source of funds 
  General fund3,763,731
  Federal funds16,052,637
  Special funds405,400
  Interdepartmental transfer34,719 
   Total20,256,487

Sec. 113.
 
Health - alcohol and drug abuse programs
 
  Personal services2,598,024
  Operating expenses494,959
  Grants8,667,191 
   Total11,760,174
 Source of funds 
  General fund2,977,036
  Federal funds8,123,038
  Special funds650,100
  Interdepartmental transfer10,000 
   Total11,760,174

(a) The department of health shall submit to the senate and house committees on appropriations and health and welfare, a statewide comprehensive plan for substance abuse prevention, intervention and treatment of children and youth by December 15, 2000. The plan shall specifically address how the department will replace the money previously funding some of these efforts, including the New Directions grant and other sources of funds.

(b) Of the above appropriation, $187,541.00 shall be used for wage and benefit increases for substance abuse providers, having due regard for the lowest income employees.

Sec. 114.
 
Social welfare - administration
 
  Personal services26,397,866
  Operating expenses12,641,781
  Grants5,113,470 
   Total44,153,117
 Source of funds 
  General fund13,940,781
  Federal funds26,558,109
  Special funds3,654,227 
   Total44,153,117

(a) The establishment of four (4) new classified positions - two (2) Systems Developer II, one (1) Medical Social Worker and one (1) Managed Care Administrator - is authorized in fiscal year 2001.

(b) The establishment of two (2) new classified positions - Program Service Clerk - is authorized in fiscal year 2001.

Sec. 115.
 
Social welfare - aid to needy families with children
 
  Grants39,910,884
 Source of funds 
  General fund15,542,899
  Federal funds22,267,985
  Special funds2,100,000 
   Total39,910,884

(a) An 18-year old dependent child who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age 19 or not expected to complete the program before reaching age 19 solely due to a documented disability, may remain on the ANFC grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision.

Sec. 116.
 
Social welfare - aid to aged, blind and disabled
 
  Grants9,881,128
 Source of funds 
  General fund9,881,128

(a) Of the above general fund appropriation, $213,500.00 shall be used to provide a 2.4 percent increase in the monthly AABD state supplement to federal Supplemental Security Income (SSI) benefits for SSI/AABD recipients. This increase in the AABD state supplement shall be effective July 1, 2000, or the first day of the earliest calendar month in which the federal Social Security Administration can implement such AABD increase, whichever is later.

(b) All funds appropriated under this section are for grants to AABD recipients. Any funds not expended for that purpose in fiscal year 2001 due to caseload estimates or any other reason shall not revert and may only be transferred for programs that benefit AABD recipients.

Sec. 117.
 
Social welfare - Medicaid
 
  Grants388,766,333
 Source of funds 
  General fund73,750,865
  Federal funds241,160,779
  Special funds56,604,689
  Tobacco fund17,250,000 
   Total388,766,333

(a) HIV/AIDS health insurance assistance program as follows:

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

(2) 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.

(3) 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.

(4) Expenditures under this program shall not exceed $55,000.00 in fiscal year 2001.

(b) The department of social welfare is authorized to amend the rules for the Medicaid and State Child Health Insurance (Title XIX) programs to require, for beneficiaries whose household income exceeds 185 percent of the federal poverty level, and is less than or equal to 225 percent of the federal poverty level, payment of a premium of $20.00 per household per month; for beneficiaries who have another source of health insurance and whose household income exceeds 225 percent of the federal poverty level, and is less than or equal to 300 percent of the federal poverty level, payment of a premium of $24.00 per household per month; for beneficiaries who do not have another source of health insurance and whose household income exceeds 225 percent of the federal poverty level, and is less than or equal to 300 percent of the federal poverty level, payment of a premium of $50.00 per household per month. Implementation of these requirements is subject to approval by the federal Health Care Financing Administration.

(c) Notwithstanding Sec.12 of No. 14 of the Acts of 1995, the department of social welfare is authorized to amend the rules for the VHAP program to require, for beneficiaries whose household income is equal to or exceeds 100 percent of the federal poverty level and is less than 150 percent of the federal poverty level, payment of a semiannual program fee of $40.00; for beneficiaries whose household income is equal to or exceeds 150 percent of the federal poverty level and is less than 185 percent of the federal poverty level, payment of a semiannual program fee of $50.00; and payment of any outstanding fees as a condition of eligibility for program benefits. Implementation of these requirements is subject to approval by the federal Health Care Financing Administration.

(d) The department of social welfare shall submit to the health care financing administration (HCFA), a request to include in Vermont’s federal Medicaid waiver for the Vermont Health Access Plan’s pharmacy program any Medicare-covered individual with household income above 175 percent of federal poverty level with no Medigap policy that covers drugs and other individuals with household incomes up to 300 percent of the federal poverty level who do not have an insurance program that includes a prescription drug benefit. If the waiver request as defined in this subsection does not meet with HCFA approval, the commissioner is authorized to negotiate with HCFA the broadest coverage expansion possible. Individuals in this expanded coverage group shall receive a financial subsidy for prescription drugs equal to the average rebate paid to the Medicaid program by pharmaceutical manufacturers. An annual enrollment fee, established by rule, is authorized. Expansion of coverage and payment of subsidies to these individuals are contingent on federal approval of the waiver modification request and will occur as soon as administratively possible after approval is granted.

(e) In addition to any other inflationary increases, $4,801,000.00 of the above appropriation shall be used to increase reimbursement rates for primary care physicians, independently practicing behavioral health practitioners, psychiatrists and home health providers.

(f) The department of social welfare shall propose for inclusion in its proposed revised Medicaid plan, or seek a 1115 waiver amendment to allow participant fees to be counted as state match to Medicaid federal share as is done in Tennessee. In the event that this is not allowed; the department shall research the feasibility and report prior to the FY 2001 budget adjustment on any changes needed to make the premiums a tax surcharge that would be generalized to state health care programs thereby facilitating collections and allowing the state to keep surcharge receipts.

(g) With respect to premiums and other program participation charges made to beneficiaries of the VHAP program, the State Child Health Insurance program and any other Medicaid program, during fiscal year 2001 the department of social welfare shall report quarterly to the health access oversight committee concerning the collection rates for these charges, the department’s plan to increase collections of these charges, and any revised revenue estimates due to such enhanced collection efforts.

(h) Of the above appropriation, $10,000.00 shall be used to provide a $0.41 increase in the monthly personal needs allowance retained by Vermont Medicaid beneficiaries who live in a long-term care facility and who are not recipients of SSI/AABD benefits. This increase in the Medicaid personal needs allowance shall be effective on the same date as the 2.4 percent increase in the AABD state supplement is effective.

Sec. 117a. 33 V.S.A. § 1906a is amended to read:

§ 1906a. RECOVERY AGAINST ESTATE; HOMESTEAD EXEMPTIONS

No recovery of medical expenses shall be made under this subchapter against a homestead *[of modest value]*; provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. *[For the purposes of this section, "a homestead of modest value" means a homestead valued at less than $125,000.00.]* This section shall take effect when the amended state plan is deemed approved by the Health Care Financing Administration (HCFA) pursuant to 42 C.F.R. § 430.16. If such approval is received after June 30, 1999 the exemption shall be retroactive and apply to all probate estates opened after June 30, 1999. If the agency of human services does not receive approval of the state plan amendment, it shall exhaust all administrative appeals and seek approval of another state plan amendment at the maximum homestead value exemption the health care financing administration (HCFA) will allow. If a maximum homestead value exemption is approved by HCFA, then any recoveries due HCFA on homesteads valued between such maximum and $125,000.00 shall be paid through state general funds provided the caregiving or poverty standards set forth above are also met and the probate estate was opened after June 30, 2000.

Sec. 117b. MEDICAID COST SHIFT REPORTING

(a) It is the intent of this section to measure the elimination of the Medicaid cost shift. For hospitals, this measurement shall be based on a comparison of the difference between Medicaid and Medicare reimbursement rates. For other health care providers, an appropriate measurement shall be developed that includes an examination of the Medicare rates for providers. In order to achieve the intent of this section, it is necessary to establish a reporting and tracking mechanism to obtain the facts and information necessary to quantify the Medicaid cost shift, to evaluate solutions for reducing the effect of the Medicaid cost shift in the commercial insurance market, to ensure that any reduction in the cost shift is passed on to the commercial insurance market, to assess the impact of such reductions on the financial health of the health care delivery system, and to do so within a sustainable utilization growth rate in the Medicaid program.

(b) By December 15, 2000, and annually thereafter, the commissioner of banking, insurance, securities, and health care administration, the secretary of human services, and each acute care hospital shall file with the joint fiscal committee, in the manner required by the committee, such information as is necessary to carry out the purposes of this section. Such information shall pertain to the provider delivery system to the extent it is available.

(c) By December 15, 2000, and annually thereafter, the report of hospitals to the joint fiscal committee under subsection (b) of this section shall include information on how they will manage utilization in order to assist the agency of human services in developing sustainable utilization growth in the Medicaid program.

(d) By December 15, 2000, the commissioner of banking, insurance, securities, and health care administration shall report to the joint fiscal committee with recommendations on mechanisms to assure that appropriations intended to address the Medicaid cost shift will result in benefits to commercial insurance premium payers in the form of lower premiums than they otherwise would be charged.

(e) The first $250,000.00 resulting from declines in caseload and utilization related to hospital costs, as determined by the commissioner of social welfare, from the funds allocated within the Medicaid program appropriation for hospital costs in fiscal year 2001 shall be reserved for cost shift reduction for hospitals.

Sec. 118. Sec. 3 of No. 3 of the Acts of 1999 is amended to read:

Sec. 3. EFFECTIVE DATE

This act shall be effective from the date of passage and shall be repealed on July 1, *[2000]* 2001.

Sec. 119.
 
Social welfare - general assistance
 
  Grants4,044,762
 Source of funds 
  General fund3,283,441
  Federal funds761,320
  Special funds1 
   Total4,044,762

(a) Of the above appropriation, $400,000.00 in federal TANF funds is allocated specifically for 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, effective July 1, 1998, including modifications effective July 1, 1999, and the following modifications that shall be established by regulations, effective July 1, 2000: families whose circumstances constitute a good cause basis for the arrearage shall be eligible for up to three months' actual rent or mortgage payment owed, and families whose circumstances do not constitute a good cause basis for the arrearage shall be eligible for up to two months' actual rent or mortgage payment owed. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds.

(b) Of the above appropriation, an amount not to exceed $150,000.00 ($75,000.00 federal TANF funds and $75,000.00 general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations, and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds.

Sec. 120.
 
Social welfare - food stamp cash out
 
  Grants4,519,544
 Source of funds 
  Federal funds4,519,544

Sec. 121.
 
Social welfare - home heating fuel assistance/LIHEAP
 
  Personal services50,000
  Operating expenses60,000
  Grants5,629,476 
   Total5,739,476
 Source of funds 
  Special funds5,739,476

Sec. 122. SOCIAL WELFARE - HOME HEATING FUEL ASSISTANCE/LIHEAP

(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 2001, and all unexpended LIHEAP funds granted to the state in fiscal year 2000, 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, 2000, 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 2000-2001 crisis set-aside and seasonal home heating fuel assistance through December 31, 2000, and LIHEAP funds awarded as of December 31, 2000 for fiscal year 2001 do not exceed $2,550.000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2001. Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available except that for fuel assistance payments made through December 31, 2000, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

(c) Of the funds appropriated in Sec. 121 of this act no more than $900,000.00 shall be expended for crisis fuel assistance benefits, crisis fuel directed service/administration, and crisis fuel after-hours assistance. In the 2000-2001 fuel season, in the event that $900,000.00 is insufficient to fund the crisis component of the fuel program, as defined above, and no federal LIHEAP emergency contingency funding is released to the state during the 2000-2001 program year, the home weatherization assistance trust fund shall be the source of the additional funds required.

Sec. 123. THE ADOPTION OF SOCIAL WELFARE RULES

(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, 2000. 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, 2000, all rules necessary to do the following:

(1) Implement Medicaid, VHAP, VHAP-Pharmacy, and VScript policies as specified in this act.

(2) Exempt all individuals domiciled in the state of Vermont from the implementation of section 115(a) of Public Law 104-193 through June 30, 2001.

(3) Implement general assistance policies to increase the number of months of rent or mortgage arrearage payments and increase the number of days of temporary housing assistance as specified in this act.

(4) Increase AABD benefits as specified in this act.

(5) Increase personal needs deduction for non-SSI Medicaid beneficiaries residing in long-term care facilities as specified in this act.

(6) Amend medical assistance rule M813.2 as specified in this act.

(b) Such rules may be adopted by filing them in final proposed form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after the agency of human services’ publication, in the three daily Vermont newspapers of highest average circulation, of a notice that lists all rules to be adopted by this process and provides for a seven-day public comment period. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A. § 842, except that its action shall be completed within 15 days or by June 22, 2000, whichever is sooner. Rules so adopted may be effective as soon as five days after adoption and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25 and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. § 843 and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.

Sec. 124.
 
Office of economic opportunity
 
  Personal services450,250
  Operating expenses115,224
  Grants9,231,422 
   Total9,796,896
 Source of funds 
  General fund903,598
  Federal funds4,204,907
  Special funds4,047,844
  Interdepartmental transfer640,547 
   Total9,796,896

(a) Of the above general fund appropriation, $500,000.00 shall be granted to community agencies for homeless assistance for preserving existing services or increasing resources available statewide. These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds. Grant decisions shall be made with assistance from the coalition of homeless Vermonters.

Sec. 125.
 
Office of child support services
 
  Personal services5,603,102
  Operating expenses2,079,996
  Other900,000 
   Total8,583,098
 Source of funds 
  General fund878,370
  Federal funds7,364,728
  Special funds340,000 
   Total8,583,098

Sec. 126.
 
Social and rehabilitation services - administrative and support services
 
  Personal services1,635,042
  Operating expenses210,668 
   Total1,845,710
 Source of funds 
  General fund870,335
  Federal funds975,375 
   Total1,845,710

Sec. 127.
 
Social and rehabilitation services - disability determination services
 
  Personal services2,552,746
  Operating expenses459,531 
   Total3,012,277
 Source of funds 
  Federal funds2,756,302
  Interdepartmental transfer255,975 
   Total3,012,277

Sec. 128.
 
Social and rehabilitation services - social services
 
  Personal services14,151,867
  Operating expenses1,992,366
  Other45,502,016 
   Total61,646,249
 Source of funds 
  General fund23,286,028
  Federal funds37,460,221
  Special funds900,000 
   Total61,646,249

(a) The commissioner shall establish guidelines for the equitable distribution and expenditure of funds for youth through age 19 for the purpose of completing their high school education, or an alternative program of vocational or technical training. Of the above appropriation $100,000.00 is to provide additional funding for this effort.

Sec. 129.
 
Social and rehabilitation services - Woodside juvenile rehabilitation center
 
  Personal services1,763,259
  Operating expenses259,384 
   Total2,022,643
 Source of funds 
  General fund1,939,892
  Interdepartmental transfer82,751 
   Total2,022,643

Sec. 130.
 
Social and rehabilitation services - child care services
 
  Personal services1,329,181
  Operating expenses301,091
  Grants24,024,605 
   Total26,654,877
 Source of funds 
  General fund5,307,181
  Transportation funds75,000
  Federal funds20,440,696
  Special funds832,000 
   Total26,654,877

(a) The division of child care services shall not impose a cap on the number of child care fee scale slots without prior review of program utilization during the fiscal year 2001 budget adjustment process.

Sec. 131.
 
Developmental and mental health services - central office
 
  Personal services1,922,611
  Operating expenses612,550 
   Total2,535,161
 Source of funds 
  General fund1,191,896
  Federal funds1,343,265 
   Total2,535,161

(a) The commissioner of developmental and mental health services in conjunction with the defender general, the disability law project, and the mental health law project shall review the current statutes addressing persons with developmental disabilities in conjunction with issues of competency and custody, including but not necessarily limited to Title 18, chapter 206 (Care of Mentally Retarded Persons) and Title 13, chapter 157 (Insanity as a Defense). The commissioner shall provide to the general assembly, not later than January 1, 2001, a report with proposals for any changes the commissioner deems necessary.

Sec. 132.
 
Developmental and mental health services - community mental health
 
  Personal services1,904,310
  Operating expenses178,298
  Grants55,660,714
  Other137,200 
   Total57,880,522
 Source of funds 
  General fund21,134,976
  Federal funds32,939,957
  Special funds2,585,756
  Interdepartmental transfer1,219,833 
   Total57,880,522

(a) Of the above appropriation, $2,866,266.00 shall be used for wage and benefit increases for mental health service providers, with due regard for the lowest income employees. Such increases shall extend to contract workers in the community mental health provider network, including home providers.

Sec. 133.
 
Developmental and mental health services - developmental services
 
  Personal services2,530,365
  Operating expenses367,718
  Grants71,001,457
  Other81,340 
   Total73,980,880
 Source of funds 
  General fund28,282,570
  Federal funds44,775,101
  Special funds559,909
  Interdepartmental transfer363,300 
   Total73,980,880

(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 2001.

(b) Of the above appropriation, $3,958,178.00 shall be used for wage and benefit increases for developmental service providers, with due regard for the lowest income employees. Such increases shall extend to contract workers in the developmental service provider network, including home providers.

Sec. 134.
 
Developmental and mental health services - Vermont state hospital
 
  Personal services7,716,284
  Operating expenses794,066
  Grants81,341 
   Total8,591,691
 Source of funds 
  General fund2,239,213
  Federal funds6,280,728
  Special funds71,750 
   Total8,591,691

Sec. 135.
 
Aging and disabilities - administration and support
 
  Personal services13,176,128
  Operating expenses2,233,417 
   Total15,409,545
 Source of funds 
  General fund6,620,366
  Federal funds8,049,179
  Special funds295,000
  Interdepartmental transfer445,000 
   Total15,409,545

(a) The establishment of four (4) new classified positions - two (2) VR Counselors, one (1) TBI Services Specialist, and one (1) Rehabilitation Technology Specialist - is authorized in fiscal year 2001.

(b) 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.

(c) 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.

(d) The state shall allocate the appropriation for the traumatic brain injured waiver for fiscal year 2001 in the following manner: rehabilitation program, 58 slots; long-term program, seven slots. The number of long-term program slots may be increased by no more than 18 if matching funds are available to support the additional slots.

(e) The department of aging and disabilities shall convene a task force to include at least attendant services participants, representatives of the department of aging and disabilities and the department of social welfare, and interested advocacy groups, to explore ways to bring Medicaid reimbursement for services to some of the applicants for the attendant services program. By January 15, 2001, the task force shall make recommendations to maximize Medicaid funding that ensure the continuation of a strong attendant services program for those consumers who are ineligible for Medicaid or for whom it is the best approach to meet their needs, including the components of consumer direction, ability to hire spouses, and enabling employment. The task force recommendations shall also consider the manner in which Medicaid funding of the attendant services program complements the array of state-funded personal attendant care programs.

(f) Up to $25,000.00 of the above funds appropriated for personnel services and operating expenses shall be used to develop, in conjunction with the

area agencies on aging, a comprehensive study of and plan for Vermont’s elderly population regarding: preventive and other services necessary and appropriate to promote living conditions that lower the risk of disease and disability, maintain high mental and physical functioning and offer opportunities to engage in life.

Sec. 136.
 
Aging and disabilities - vocational rehabilitation
 
  Grants4,707,740
 Source of funds 
  General fund1,406,945
  Federal funds3,210,795
  Special funds10,000
  Interdepartmental transfer80,000 
   Total4,707,740

Sec. 137.
 
Aging and disabilities - blind and visually impaired
 
  Grants1,214,634
 Source of funds 
  General fund465,106
  Federal funds629,528
  Special funds120,000 
   Total1,214,634

Sec. 138.
 
Aging and disabilities - division of advocacy and independent living
 
  Grants10,796,178
 Source of funds 
  General fund3,738,214
  Transportation fund522,000
  Federal funds6,185,245
  Special funds275,719
  Interdepartmental transfer75,000 
   Total10,796,178

(a) Of the above general fund appropriation, $31,250.00 shall be granted to the Vermont center for independent living for the purpose of funding one peer advocate position.

(b) Notwithstanding 32 V.S.A. § 706, the department may transfer up to $250,000.00 in general funds for the elderly mental health initiative to the department of developmental and mental health services to maximize the use of Medicaid funds.

(c) The department of aging and disabilities, the department of housing and community affairs and the Vermont housing and conservation trust fund will actively research and identify sustainable funding mechanisms for home modification services, including the Vermont center for independent living’s home access program, and report the results of its research to the general assembly no later than January 15, 2001.

(d) In the event that the funding for the area agencies matching contribution provided in Sec. 252 of this act is not available for the study of the Vermont elderly population referenced in Sec. 135(f) of this act, up to $25,000.00 of the above appropriation for grants to the area agencies on aging for successful aging planning funds shall be used for this study. The study and plan shall be presented to the committees on health and welfare of the house and senate on or before October 1, 2001.

(e) Of the above general fund appropriation, $150,000.00 shall be for enhancements to adult day services, to be utilized with the dual goals of maximizing Medicaid receipts and supporting the state’s non-Medicaid subsidy program.

Sec. 139.
 
Children's trust fund
 
  Grant270,313
 Source of funds 
  General fund109,748
  Federal funds80,565
  Special funds80,000 
   Total270,313

(a) At least 65 percent of the state appropriation for the Children's Trust Fund will be awarded for community-based program activities for the broad range of child abuse and neglect prevention activities.

Sec. 140.
 
Governor's commission on women
 
  Personal services192,443
  Operating expenses47,199 
   Total239,642
 Source of funds 
  General fund214,642
  Special funds5,000
  Interdepartmental transfer20,000 
   Total239,642

Sec. 141.
 
Retired senior volunteer program
 
  Grants133,220
 Source of funds 
  General fund133,220

Sec. 142.
 
Disabled & needy veterans
 
  Personal services1,800
  Operating expenses900
  Grants29,061 
   Total31,761
 Source of funds 
  General fund31,761

Sec. 143.
 
Vermont veterans' home - care and support services
 
  Personal services8,611,735
  Operating expenses2,439,788 
   Total11,051,523
 Source of funds 
  General fund1,085,254
  Federal funds2,860,632
  Special funds7,105,637 
   Total11,051,523

(a) All funds, except residents’ funds in subsection (c) of this section, currently being administered by the Vermont veterans' home shall, as of the effective date of this act, be transferred to the state treasurer, to be credited to appropriate accounts established in compliance with subsection 401(a) of Title 32. Such funds may be expended by the Vermont veterans' home upon submittal of vouchers to the commissioner of finance and management in compliance with section 463 of Title 32. Funds transferred pursuant to this section shall be administered pursuant to subchapter 5 of chapter 7 of Title 32 and interest earned by these funds shall be credited to the special fund.

(b) There is created a donations fund, to be administered pursuant to subchapter 5 of chapter 7 of Title 32. To this fund shall be credited those donations transferred to the state treasurer in subsection (a) of this section and any future donations to the Vermont veterans' home. Interest earned on the fund established pursuant to this section shall be credited to the donations fund.

(c) Notwithstanding subchapter 1 of chapter 7 of Title 32, the Vermont veterans' home is authorized to retain those funds wherein it is acting in a trustee capacity for residents of the Vermont veterans' home. Establishing and maintenance of these accounts shall be pursuant to section 431 of Title 32.

(d) Prior gifts received and included in the transfer in subsection (a) of this section to the state treasurer, and not previously subjected to section 5 of Title 32, are hereby accepted.

Sec. 144.
 
Vermont association for blind and visually impaired, inc.
 
  Grants24,885
 Source of funds 
  General fund24,885

Sec. 145.
 
Independence Fund
 
  Grants1
 Source of funds 
  General fund1

(a) Notwithstanding other provisions of No. 160 of the Acts of 1996 or other provisions of chapter 61 of Title 33, up to $100,000.00 of the redirected funds in fiscal year 2001 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, 2000 with recommendations submitted to the secretary of human services within 30 days thereafter.

Sec. 146.
 
Total human services946,165,453
 
 Source of funds 
  General fund306,157,622
  Transportation fund1,999,578
  Federal funds524,292,155
  Special funds89,344,592
  Tobacco fund17,250,000
  Internal service funds1,881,519
  Interdepartmental transfer5,231,987
  Expendable trust8,000 
   Total946,165,453

Sec. 147.
 
Employment and training
 
  Personal services17,400,000
  Operating expenses8,295,345
  Grants4,000,000 
   Total29,695,345
 Source of funds 
  General fund411,063
  Federal funds26,375,850
  Special funds108,432
  Interdepartmental transfer2,800,000 
   Total29,695,345

Sec. 148.
 
Education - policy, planning, operations & finance
 
  Personal services2,656,410
  Operating expenses606,925
  Grants4,026,570 
   Total7,289,905
 Source of funds 
  General fund2,296,770
  Federal funds4,993,135 
   Total7,289,905

Sec. 149.
 
Education - school and instructional support
 
  Personal services3,252,302
  Operating expenses1,106,600
  Grants16,537,765 
   Total20,896,667
 Source of funds 
  General fund4,907,234
  Transportation fund639,932
  Federal funds15,096,274
  Special funds119,417
  Interdepartmental transfer133,810 
   Total20,896,667

Sec. 150.
 
Education - family and educational support
 
  Personal services2,604,626
  Operating expenses872,697
  Grants55,090,461 
   Total58,567,784
 Source of funds 
  General fund1,735,296
  Federal funds56,651,065
  Special funds32,800
  Interdepartmental transfer148,623 
   Total58,567,784

Sec. 151.
 
Education - licensing
 
  Personal services446,928
  Operating expenses203,016
  Grants1,015,000 
   Total1,664,944
 Source of funds 
  Federal funds1,111,241
  Special funds538,442
  Interdepartmental transfer15,261 
   Total1,664,944

(a) The establishment of one (1) new classified position - Teacher Testing Specialist - is authorized in fiscal year 2001.

Sec. 152.
 
Education - adult basic education
 
  Grants3,196,474
 Source of funds 
  General fund2,419,927
  Federal funds776,547 
   Total3,196,474

Sec. 153.
 
Education - career and lifelong learning
 
  Personal services1,261,704
  Operating expenses245,796
  Grants12,617,200 
   Total14,124,700
 Source of funds 
  General fund1,053,760
  Education fund7,268,886
  Federal funds4,874,130
  Special funds18,127
  Interdepartmental transfer909,797 
   Total14,124,700

(a) The appropriations in this section shall be authorized notwithstanding sections 1564, 1565, 1566, and 1567 of Title 16.

Sec. 154. FUND APPROPRIATIONS AND TRANSFERS

(a) There is appropriated in fiscal year 2001 from the general fund for transfer to the education fund the amount of $238,032,196.00.

(b) There is appropriated in fiscal year 2001 from the education fund to the commissioner of education $450,000.00 for the purpose of awarding grants to pilot technical education projects under Sec.121a of No. 71 of the Acts of 1998.

(c) There is appropriated $50,000.00 in fiscal year 2001 from the general fund to the fiscal review panel established under 16 V.S.A. § 2974(e).

(d) There is appropriated in fiscal year 2001 from the general fund to the commissioner of education $17,000.00 for the purpose of civic education pursuant to Sec. 158a of No. 62 of the Acts of 1999.

(e) The last sentence of Sec. 164(b) of No. 62 of the Acts of 1999 is hereby repealed.

(f) In fiscal year 2002, there is transferred from the general fund to the education fund the amount transferred thereto in the previous fiscal year, increased by 3.5 percent.

Sec. 154a. FISCAL YEAR 2002 GENERAL FUND TRANSFER

(a) In fiscal year 2002 up to $4,000,000.00 is transferred from the general fund to the education fund. Said transfer shall be limited to the amount necessary to produce an education fund balance at the close of fiscal year 2002 of five percent, the maximum stabilization reserve amount under 16 V.S.A. § 4026(b).

Sec. 155.
 
Education - small school grants
 
  Grants4,420,047
 Source of funds 
  Education fund4,420,047

Sec. 155a. STATE AID FOR EDUCATION; COVENTRY SCHOOL DISTRICT

(a) Due to an error in reporting of actual average daily membership in the Coventry school district, the district received less state aid than it should have received in fiscal years 1992 through 1997. Any money appropriated to be paid to the Coventry school district for underpayments of state aid in fiscal years 1992, 1993, 1994, 1995, 1996 and 1997 may be deposited into a school district special fund to be expended, upon approval of the electorate, for legitimate items of current education expense. The funds shall not be used for municipal services and shall not be considered local education spending under 16 V.S.A. § 4001(6).

Sec. 155b. SMALL SCHOOLS SUPPORT GRANT; RIVENDELL SCHOOLS

(a) For the purposes of 16 V.S.A. § 4015 which provides a small schools support grant to a school district which has a two-year average combined enrollment of fewer than 100 students, the three former school districts of the new Rivendell School district shall continue to be treated as separate school districts for the purpose of determining their eligibility for a small schools support grant for fiscal year 2001.

Sec. 156.
 
Education - special education: formula grants
 
  Other876,000
  Grants54,976,117 
   Total55,852,117
 Source of funds 
  Education fund54,976,117
  Federal funds876,000 
   Total55,852,117

(a) 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 2001 costs incurred by school districts shall be paid partially from the fiscal year 2001 appropriation and partially from the fiscal year 2002 appropriation. The fiscal year 2001 appropriation will cover the final reimbursements for fiscal year 2000 with the remainder available for reimbursements for fiscal year 2001 grants and reimbursements. Funds distributed to school districts for fiscal year 2001 expenses but to which the school districts were not entitled, based on final reports for fiscal year 2001, shall not be considered as part of the total expenditures for fiscal year 2001 under the 60 percent state funding provision of 16 V.S.A. § 2967, as limited by Sec. 120 of No. 71 of the Acts of 1998. Such funds held by local school districts shall be treated as expenditures in fiscal year 2002.

(b) Sec. 120(a) of No. 71 of the Acts of 1998 is repealed.

(c) Of the above appropriation, $876,000.00 in federal funds shall be utilized by the department of education for a special education cost containment initiative. Notwithstanding any provisions to the contrary, expenditures made from the $876,000.00 in federal funds for this initiative shall be counted as part of the state’s 60 percent share of funding under 16 V.S.A. § 2967. Fifteen permanent positions are authorized for staffing of this initiative, including two exempt positions and 13 permanent classified positions. The department shall report each January 15 to the house and senate appropriations and education committees, the house ways and means committee and the senate finance committee on the goals, benchmarks and achievements of this initiative, along with future funding requirements.

(d) In addition to deposits in the Medicaid Reimbursement Administrative Special Fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2001 $876,000.00 and in fiscal year 2002 $890,950.00 of federal Medicaid receipts received for reimbursement of medically-related services provided to students who are Medicaid eligible shall be deposited in the administrative special fund.

(e) $550,000.00 of general funds appropriated in Sec. 159 of No. 62 of the Acts of 1999 are hereby carried forward, and shall be utilized for one-time expenditures for the implementation of the cost containment initiative in subsections (c) and (d) of this section. Said funds shall be utilized as follows: $360,000.00 in fiscal year 2001 and $190,000.00 in fiscal year 2002.

Sec. 157. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND SIX

(a) 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 who 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. 158.
 
Education - state-placed students
 
  Grants8,858,000
 Source of funds 
  Education fund8,858,000

Sec. 159. Sec. 168 of No. 62 of the Acts of 1999 is amended to read:

Sec. 168. Education - state-placed students

  Grants*[$8,000,000]*8,516,000
 Source of funds 
  Education fund*[$8,000,000]*8,516,000

Sec. 160. Education - school construction aid

(a) Notwithstanding Sec. 40c of No. 49 of the Acts of 1999, due to all current liabilities of school construction having been met, there is no required appropriation for school construction from the education fund for fiscal year 2001.

Sec. 160a. SCHOOL CONSTRUCTION STUDY

(a) The legislative joint fiscal office and the department of finance and management, with the assistance of the department of education, the school board association and the superintendents association, shall carry out a study to identify the need and recommend strategies to meet the need for affordable long-term financing of school construction projects. Specifically the study shall:

(1) Identify whether and to what extent the short-term and long-term demand for school construction funding exceeds the current $10,000,000.00 commitment of funding from the state’s capital bill.

(2) Identify ongoing revenues or funding sources which could be utilized to meet any estimates of demand.

(3) Review the existing system of prioritizing and approving school construction projects as to the financial implications these have.

(b) The study findings shall be reported by January 15, 2001 to the legislative committees on appropriations, education, finance, and ways and means and the secretary of administration.

Sec. 161.
 
Education - construction interest aid
 
  Grants95,000
 Source of funds 
  Education fund95,000

Sec. 162.
 
Education - capital debt service aid
 
  Grants4,241,783
 Source of funds 
  Education fund4,241,783

Sec. 162a. Sec. 171 of No. 62 of the Acts of 1999, as amended by Sec. 43 of No. 66 of the Acts of 2000, is further amended to read:

Sec. 171.
 
Education - capital debt service aid
 
  Grants*[2,970,433]*3,135,015
 Source of funds 
  Education fund*[2,970,433]*3,135,015

Sec. 163.
 
Education - transportation
 
  Grants12,023,415
 Source of funds 
  Education fund12,023,415

(a) This appropriation shall be considered a fiscal year 2001 combined base appropriation for the purposes of calculating subsequent appropriations in accordance with the provisions of Sec. 22(b) and (d) of Act No. 60 of the Acts of 1997, as amended by Sec. 98 of Act No. 71 of the Acts of 1998.

Sec. 164. EDUCATION - EDUCATION GRANTS

(a) There is appropriated from the education fund for fiscal year 2001 to the department of education $217,263,994.00 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 2001 a total statewide average education grant per equalized pupil of $5,479.00.

Sec. 165. EDUCATION - LOCAL SHARE PROPERTY TAX

(a) There is appropriated from the education fund for fiscal year 2001 $35,700,000.00 or such other amounts so that $36,000,000.00 of education funds is allocated to guarantee a $40.00 yield for local share property tax payments to school districts as required by 16 V.S.A. § 4028(a)(2).

Sec. 166. PREDICTED YIELD FOR FISCAL YEAR 2002

(a) There is hereby allocated $35,800,000.00 within the education fund that the commissioner shall utilize in calculating the fiscal year 2002 yield. It is estimated that this allocation will result in a yield of $40.00.

(b) For fiscal year 2002 only, as part of a transition to the statutory process of a calculated equalized yield to be determined by September 15 prior to the development of local budgets, the commissioner shall not set the yield at an amount below $39.00.

Sec. 166a. 16 V.S.A. § 4027 is amended to read:

§ 4027. DETERMINATION OF *[EQUALIZED]* YIELD AMOUNT AND

AMOUNTS DUE TO OR FROM THE EDUCATION FUND

(a) On September 15 of each year, the commissioner of education shall determine a predictable yield for the following fiscal year, based upon the allocation, if any, to the yield pool by the General Assembly for the following fiscal year, and upon projected local education spending and projected local share income sensitivity costs for the following fiscal year. The commissioner shall calculate the predictable yield so that the estimated amount due into the yield pool, plus the amount allocated to the yield pool by the General Assembly, equals the estimated amount due out of the yield pool. By October 1, the commissioner shall report to the General Assembly the data and the calculation used to determine the predictable yield under this subsection. *[(a)]*(b) Annually, on or before June 30, the commissioner of education shall *[determine the equalized yield amount which will be used]* use the predictable yield amount established in subsection (a) of this sectionto determine:

(1) the local share property tax percentage a school district which adopts a budget with local education spending in excess of the general state support grant shall collect on properties in the district; and

(2) how much the district shall pay into or receive from the education fund. *[(b)]*(c) For purposes of this calculation, if, by June 1, any school district has failed to adopt a budget for the school year beginning the next July 1, the commissioner shall use the local education spending portion of the school district's most recently adopted budget. If a union school district or joint contract district of which the school district is a member has failed to adopt a budget by June 1, the commissioner shall use the most recently adopted union or joint contract budget allocated according to the current year's apportionment, to determine the assessment portion of local education spending. If a school district, union school district or joint contract district subsequently adopts a budget in a different amount,

(1) a district which is due money from the fund shall receive the lesser of the amount due based on the former year's budget or the amount due based on the actual budget voted; and

(2) a district which is required to pay money into the fund shall pay the greater of the amount due based on the former year's budget or the amount due based on the actual budget voted. *[(c) The commissioner of education shall calculate the equalized yield amount so that the amount due into the education fund under this section, plus any additional amount that may be allocated for this purpose in any fiscal year by the general assembly, equals the amount due out of the fund under this section.]*

(d) On or before, June 30, the commissioner of education shall inform each school district which has voted a budget with local education spending in excess of the general state support grant, how much it will owe to the education fund or how much it will receive from the fund.

(e) Annually, on or before June 1, each *[school district]* superintendentshall report to the *[commissioner its]* department of education, on a form prescribed by the commissioner, eachlocal education budget adopted for the following fiscal year *[on a form prescribed by the commissioner]* by the member districts of the supervisory union.

Sec. 166b. CONFORMING REFERENCES

The Statutory Revision Commission is directed to revise all references in Title 16 to “equalized yield” to references to “yield”, to conform to the provisions of this act.

Sec. 167.
 
State teachers' retirement system
 
  Personal services6,788,821
  Operating expenses115,299
  Grants19,143,827 
   Total26,047,947
 Source of funds 
  General fund19,143,827
  Special funds6,904,120 
   Total26,047,947

(a) Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of annual contributions to the Vermont state teachers' retirement system shall be $19,143,827.00 in fiscal year 2001. 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 Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL- CIO.

Sec. 168. TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS

(a) 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. 169.
 
Tax department - homestead property tax income sensitivity adjustments
 
  Other87,230,500
 Source of funds 
  General fund5,222,417
  Transportation fund3,928,083
  Education fund78,080,000 
   Total87,230,500

(a) $900,000.00 of the transportation funds in this section shall be appropriated, notwithstanding Sec. 18 of No. 38 of the Acts of 1997, as amended.

Sec. 169a. Sec. 177 of No. 62 of the Acts of 1999 is amended to read:

Sec. 177.
 
Tax department - homestead property tax income sensitivity adjustments
 
  Other *[82,300,000]*79,990,000
 Source of funds 
  General fund4,329,4174,329,417
  Transportation fund3,035,0833,035,083
  Special funds635,500635,500
  Education fund*[74,300,000]* 71,990,000 
   Total*[82,300,000]*79,990,000

(a) For FY 2000, education funds appropriated in this line item may be used for obligations under 32 V.S.A. § 6066(a)(3), that are specifically due to increased education related tax liabilities as estimated by the commissioner of taxes. This use of funds shall be deemed authorized as education income sensitivity payments under 16 V.S.A. § 4025(b)(3). General funds and transportation funds appropriated in this line item may be utilized for payments under 32 V.S.A. § 6066(b) that are specifically due to increased municipal taxes. The department of taxes shall submit an accounting of the actual cost of income sensitivity programs and the reasons for the specific allocation of funds to the joint fiscal committee prior to November 1, 2000.

(b) Should the amount appropriated in this section be insufficient, there is appropriated such additional amounts in the statutorily appropriate funds as determined necessary by the commissioner of finance and management to fully fund the income sensitivity requirements of 32 V.S.A. § 6066.

(c) In the event that the commissioner of finance and management makes additional appropriations from the education fund pursuant to subsection (b) above, an amount of general fund equal to the additional appropriation shall be transferred to the education fund prior to fiscal year 2000 closeout.

Sec. 170.
 
Total general education and property tax support798,342,473
 
 Source of funds 
  General fund274,878,427
  Transportation fund4,568,015
  Education fund425,697,242
  Federal funds84,378,392
  Special funds7,612,906
  Interdepartmental transfer1,207,491 
   Total798,342,473

Sec. 171.
 
University of Vermont
 
  Grants32,447,285
 Source of funds 
  General fund32,447,285

(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the 15th of each calendar month of the year.

Sec. 172.
 
University of Vermont - Morgan horse farm
 
  Grants1
 Source of funds 
  General fund1

Sec. 173.
 
Vermont public television
 
  Grants596,921
 Source of funds 
  General fund596,921

Sec. 174.
 
Vermont state colleges
 
  Grants18,432,696
 Source of funds 
  General fund18,432,696

(a) 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 15th of each calendar month of the year.

(b) Of the above appropriation, $100,000.00 shall be reserved for use as the state's fiscal year 2001 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 2001 appropriation will be the fifth of five annual 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 has been agreed to between the state colleges and the commissioner of finance and management. The first four appropriations have been 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. This final appropriation of $100,000.00 also shall be transferred to the state colleges when the state colleges successfully raise endowments an additional $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. 175.
 
Vermont state colleges - practical nursing schools
 
  Grants540,404
 Source of funds 
  General fund540,404

Sec. 176.
 
Vermont interactive television
 
  Grants812,601
 Source of funds 
  General fund812,601

Sec. 177.
 
Vermont student assistance corporation
 
  Grants14,805,431
 Source of funds 
  General fund14,805,431

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

Sec. 178. [Deleted.]

Sec. 179.
 
New England higher education compact
 
  Operating expenses77,809
 Source of funds 
  General fund77,809

Sec. 179a.
 
Education commission of the states
 
  Operating expenses39,600
 Source of funds 
  General fund39,600

Sec. 180.
 
Total higher education and other67,752,748
 
 Source of funds 
  General fund67,752,748

Sec. 181.
 
Natural resources - agency of natural resources - administration, management and planning
 
  Personal services2,370,629
  Operating expenses1,527,944
  Grants35,000 
   Total3,933,573
 Source of funds 
  General fund2,027,791
  Federal funds112,300
  Special funds988,792
  Interdepartmental transfer804,690 
   Total3,933,573

Sec. 182.
 
Connecticut River watershed advisory commission
 
  Other40,500
 Source of funds 
  General fund25,000
  Federal funds15,500 
   Total40,500

Sec. 183.
 
Citizens' advisory committee on Lake Champlain's future
 
  Other5,000
 Source of funds 
  General fund5,000

Sec. 184.
 
Natural resources - state land local property tax assessment
 
  Operating expenses1,074,721
 Source of funds 
  General fund619,597
  Transportation fund225,124
  Interdepartmental transfer230,000 
   Total1,074,721

Sec. 185.
 
Environmental conservation - commissioner's office
 
  Personal services850,985
  Operating expenses120,079 
   Total971,064
 Source of funds 
  General fund261,526
  Federal funds454,718
  Special funds128,345
  Interdepartmental transfer126,475 
   Total971,064

Sec. 186.
 
Environmental conservation - environmental assistance
 
  Personal services1,245,831
  Operating expenses184,256
  Grants215,000
  Other25,000 
   Total1,670,087
 Source of funds 
  General fund354,351
  Federal funds171,460
  Special funds1,144,276 
   Total1,670,087

Sec. 187.
 
Environmental conservation - office of air and waste management
 
  Personal services4,379,152
  Operating expenses1,082,493
  Grants140,000
  Other25,000 
   Total5,626,645
 Source of funds 
  General fund679,133
  Transportation fund39,320
  Federal funds2,225,908
  Special funds2,532,284
  Interdepartmental transfer150,000 
   Total5,626,645

Sec. 188.
 
Environmental conservation - office of water programs
 
  Personal services8,175,035
  Operating expenses1,200,877
  Grants1,803,825
  Other355,166 
   Total11,534,903
 Source of funds 
  General fund2,950,453
  Transportation fund177,264
  Federal funds5,697,355
  Special funds2,449,831
  Interdepartmental transfer260,000 
   Total11,534,903

(a) The establishment of three (3) new classified positions - environmental analyst II - is authorized in fiscal year 2001.

Sec. 189.
 
Environmental conservation - various environmental special funds
 
  Other4,838,362
 Source of funds 
  Special funds4,838,362

Sec. 190.
 
Fish and wildlife - support and field services
 
  Personal services8,075,595
  Operating expenses4,053,097
  Grants255,000
  Other165,000 
   Total12,548,692
 Source of funds 
  Fish and wildlife fund11,943,455
  Interdepartmental transfer605,237 
   Total12,548,692

Sec. 191.
 
Fish and wildlife - watershed improvement
 
  Other45,000
 Source of funds 
  Fish and wildlife/special funds45,000

Sec. 192.
 
Fish and wildlife - wildlife management area maintenance
 
  Other100,000
 Source of funds 
  Fish and wildlife funds100,000

Sec. 193.
 
Forests, parks and recreation - administration
 
  Personal services589,136
  Operating expenses282,039
  Grants888,200 
   Total1,759,375
 Source of funds 
  General fund656,875
  Federal funds761,000
  Special funds341,500 
   Total1,759,375

(a) The commissioner of the department of forests, parks and recreation shall establish an advisory group representing equestrian interests in the state. The advisory group shall review existing agency of natural resources policies and programs regarding equestrian use on agency lands and state parks and shall recommend policies and programs promoting such use. The commissioner shall further establish horse camping sites at one additional state park in the southern half of the state in fiscal year 2001. On or before January 15, 2001, the commissioner shall submit a report on the recommendations of the advisory group to the senate natural resource and energy and finance committees and the house natural resources and energy and ways and means committees.

Sec. 194.
 
Forests, parks and recreation - lands administration
 
  Personal services324,517
  Operating expenses33,200 
   Total357,717
 Source of funds 
  General fund357,717

Sec. 195.
 
Forests, parks and recreation - forest highway maintenance
 
  Personal services2,539
  Operating expenses404,000
  Grants200,000 
   Total606,539
 Source of funds 
  Transportation fund606,539

Sec. 196.
 
Forests, parks and recreation - forestry
 
  Personal services3,659,318
  Operating expenses626,100
  Grants800,000 
   Total5,085,418
 Source of funds 
  General fund2,883,518
  Transportation fund21,500
  Federal funds1,526,000
  Special funds366,000
  Interdepartmental transfer283,400
  Expendable trust5,000 
   Total5,085,418

Sec. 197.
 
Forests, parks and recreation - rural community fire protection
 
  Other19,000
 Source of funds 
  Federal funds19,000

Sec. 198.
 
Forests, parks and recreation - senior community service employment
 
  Personal services36,000
  Operating expenses2,000 
   Total38,000
 Source of funds 
  Federal funds38,000

Sec. 199.
 
Forests, parks and recreation - state parks
 
  Personal services3,436,680
  Operating expenses1,901,700
  Grants25,000
  Other184,000 
   Total5,547,380
 Source of funds 
  Special funds5,481,952
  Interdepartmental transfer65,428 
   Total5,547,380

Sec. 200.
 
Forests, parks and recreation - youth conservation corps
 
  Personal services456,365
  Operating expenses38,600
  Grants600,000 
   Total1,094,965
 Source of funds 
  Special funds584,965
  Interdepartmental transfer510,000 
   Total1,094,965

Sec. 201.
 
Forests, parks and recreation - snowmobile trails program
 
  Personal services11,500
  Grants488,500 
   Total500,000
 Source of funds 
  Special funds500,000

(a) Funds will be transferred to VAST, contingent on the certification by the agency of natural resources that all past and anticipated safety and planning issues have been or are being resolved satisfactorily.

Sec. 202.
 
Environmental board and district commissions - Act 250
 
  Personal services1,674,013
  Operating expenses170,000
  Other165,000 
   Total2,009,013
 Source of funds 
  General fund796,625
  Special funds1,212,388 
   Total2,009,013

Sec. 203.
 
Environmental board and district commissions - waste facilities panel
 
  Personal services114,000
  Operating expenses20,000 
   Total134,000
 Source of funds 
  Special funds134,000

Sec. 204.
 
Water resources board
 
  Personal services282,015
  Operating expenses18,231 
   Total300,246
 Source of funds 
  General fund300,246

Sec. 205.
 
Green up
 
  Other8,261
 Source of funds 
  Special funds8,261

Sec. 206.
 
Total natural resources59,848,461
 
 Source of funds 
  General fund11,917,832
  Transportation fund1,069,747
  Federal funds11,021,241
  Fish and wildlife fund12,043,455
  Fish and wildlife/special funds45,000
  Special funds20,710,956
  Interdepartmental transfer3,035,230
  Expendable trust5,000 
   Total59,848,461

Sec. 207.
 
Commerce and community development - agency of commerce and community development - administration and management planning
 
  Personal services895,871
  Operating expenses145,489
  Other2,500 
   Total1,043,860
 Source of funds 
  General fund857,634
  Transportation fund163,726
  Interdepartmental transfer22,500 
   Total1,043,860

Sec. 208.
 
Housing and community affairs
 
  Personal services2,070,759
  Operating expenses294,578
  Grants6,857,471 
   Total9,222,808
 Source of funds 
  General fund1,310,396
  Federal funds4,431,655
  Special funds3,480,757 
   Total9,222,808

Sec. 209.
 
Historic sites operations
 
  Personal services442,883
  Operating expenses311,515
  Improvements100,000 
   Total854,398
 Source of funds 
  General fund365,357
  Special funds389,041
  Interdepartmental transfer100,000 
   Total854,398

Sec. 210.
 
Community development block grants
 
  Grants21,475,121
 Source of funds 
  Federal funds21,475,121

Sec. 211.
 
Downtown transportation & capital improvement fund
 
  Grants800,000
 Source of funds 
  Special funds800,000

(a) The above appropriation shall be allocated as follows:

(1) $400,000.00 to be allocated each year through the period of existing commitments as follows: $250,000.00 for Burlington through fiscal year 2008, $100,000.00 for Brattleboro through fiscal year 2008, $50,000.00 for St. Johnsbury through fiscal year 2008.

(2) The remainder shall be used for projects on a one-time basis, and shall not commit future resources to said projects. No one entity funded from this portion of the appropriation shall receive more than $75,000.00.

Sec. 212.
 
Economic development
 
  Personal services826,512
  Operating expenses389,106
  Grants1,787,144 
   Total3,002,762
 Source of funds 
  General fund2,726,390
  Federal funds70,000
  Special funds206,372 
   Total3,002,762

(a) 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 ESPCoR for the purpose of compliance with matching fund requirements necessary for the receipt of available federal and/or private funds.

Sec. 213.
 
Vermont training program
 
  Personal services62,702
  Operating expenses17,791
  Grants565,135 
   Total645,628
 Source of funds 
  General fund605,628
  Special funds40,000 
   Total645,628

Sec. 214.
 
Government marketing assistance center
 
  Personal services191,503
  Operating expenses62,944 
   Total254,447
 Source of funds 
  General fund86,060
  Federal funds168,387 
   Total254,447

Sec. 215.
 
Tourism and marketing
 
  Personal services2,035,852
  Operating expenses887,511
  Grants1,967,000 
   Total4,890,363
 Source of funds 
  General fund4,890,363

Sec. 215a. 10 V.S.A. § 485a is added to read:

§ 485a. CONNECTICUT RIVER VALLEY TOURISM DISTRICT

There is created the Connecticut River valley tourism district consisting of all towns bordering on the Connecticut River.

Sec. 215b. 3 V.S.A. § 2476(e) is added to read:

(e) The department shall annually prepare a report, to be included in the report of the agency required by section 2422 of this title, on the status of the Connecticut River valley tourism district, and how it is meeting the goals of the department.

Sec. 215c. APPROPRIATION

(a) Of the funds appropriated to the secretary of administration for the department of tourism and marketing from the general fund fiscal year 2000 one-time appropriations contained in H.842, $25,000.00 shall be used for the purpose of promoting tourism in the Connecticut River valley tourism district for fiscal year 2001, contingent on the state of New Hampshire enacting legislation, both creating the Connecticut River Valley tourism district and appropriating a sum of money at least equivalent to the sum appropriated in this section for the purpose of promoting tourism in the Connecticut River valley tourism district.

Sec. 216.
 
Vermont life
 
  Personal services625,000
  Operating expenses200,000 
   Total825,000
 Source of funds 
  Enterprise funds825,000

Sec. 217.
 
Vermont economic development authority
 
  Grants322,046
 Source of funds 
  General fund322,046

Sec. 218.
 
Vermont council on the arts
 
  Grants520,396
 Source of funds 
  General fund520,396

Sec. 219.
 
Vermont symphony orchestra
 
  Grants107,978
 Source of funds 
  General fund107,978

Sec. 220.
 
Vermont historical society
 
  Grants258,365
 Source of funds 
  General fund258,365

Sec. 221.
 
Vermont housing and conservation trust fund
 
  Grants21,817,749
 Source of funds 
  Federal funds10,274,764
  Special funds11,542,985 
   Total21,817,749

(a) Of the above appropriation $1,000,000.00 shall be spent, on a one-time basis, for emergency housing activities. The board shall assess proposals for these funds with priorities given to projects which:

(1) relieve burdens in the state's tightest rental housing markets;

(2) can leverage project-based rental assistance to best serve very low income households with incomes below 30 percent of median;

(3) create mixed income communities or enhance the economic diversity of communities, provided a percentage of units are set aside for very low income Vermonters, including households below 30 percent of median;

(4) prevent displacement of low income Vermonters or alleviate health and safety burdens, or both;

(5) are located in communities experiencing high rates of homelessness;

(6) leverage funds not normally available to the state or which would otherwise go unused;

(7) assist in the purchase and rehabilitation of federally-subsidized at-risk housing.

Sec. 222.
 
Vermont council on the humanities
 
  Grants75,000
 Source of funds 
  General fund75,000

Sec. 223.
 
Total commerce and community development66,115,921
 
 Source of funds 
  General fund12,125,613
  Transportation fund163,726
  Federal funds36,419,927
  Special funds16,459,155
  Interdepartmental transfer122,500
  Enterprise funds825,000 
   Total66,115,921

Sec. 224. TRANSPORTATION

(a) 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.

(b) 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. 225.
 
Transportation - finance & administration
 
  Personal services6,569,804
  Operating expenses1,331,829
  Grants300,000 
   Total8,201,633
 Source of funds 
  Transportation fund7,487,633
  Federal funds714,000 
   Total8,201,633

(a) The establishment of one (1) new classified position - Project Civil Engineer - is authorized in fiscal year 2001.

Sec. 226.
 
Transportation board
 
  Personal services99,707
  Operating expenses22,293 
   Total122,000
 Source of funds 
  Transportation fund122,000

Sec. 227.
 
Transportation - maintenance state system
 
  Personal services22,395,317
  Operating expenses21,414,539
  Other1,000,000 
   Total44,809,856
 Source of funds 
  Transportation fund37,609,856
  Federal funds7,200,000 
   Total44,809,856

(a) The establishment of two (2) new classified positions - one (1) Marking Crew Leader and one (1) Sign Crew Leader - is authorized in fiscal year 2001.

Sec. 228.
 
Transportation buildings
 
  Other2,800,000
 Source of funds 
  Transportation funds2,800,000

Sec. 229.
 
Transportation - aviation program
 
  Other7,258,000
 Source of funds 
  Transportation fund3,118,000
  Federal funds4,140,000 
   Total7,258,000

(a) 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 2001 in prior year transportation appropriations allocated for aviation into this appropriation for aviation projects.

Sec. 230.
 
Transportation - project development and special projects unit
 
  Other146,239,537
 Source of funds 
  Transportation fund26,811,692
  Federal funds118,417,395
  Local match1,010,450 
   Total146,239,537

(a) The establishment of three (3) new classified positions - one (1) Project Civil Engineer, one (1) Technician Project Supervisor, and one (1) Assistant Bike/Ped Coordinator - is authorized in fiscal year 2001.

(b) Neither the construction of passing lanes/through lanes on U.S. Route 7 between Dorset and Wallingford in connection with project # NH019-2(20)SC, nor any application for an Act 250 permit for such construction, is an eligible activity for funds appropriated under this section, Sec. 234 of No. 62 of the Acts of 1999, or any other prior appropriation of funds to the Transportation Agency.

Sec. 231.
 
Transportation - rail program
 
  Other12,256,350
 Source of funds 
  Transportation fund6,695,239
  Federal funds5,561,111 
   Total12,256,350

(a) The establishment of one (1) new exempt position - Director of Rail - and one (1) new classified position - Business Manager - is authorized in fiscal year 2001.

Sec. 232.
 
Transportation - technical services
 
  Personal services4,236,771
  Operating expenses1,318,403 
   Total5,555,174
 Source of funds 
  Transportation fund2,695,659
  Federal funds2,859,515 
   Total5,555,174

(a) The establishment of one (1) new classified position - Transportation Driller - is authorized in fiscal year 2001.

Sec. 233.
 
Transportation - rest areas
 
  Other8,856,860
 Source of funds 
  Transportation fund319,100
  Federal funds8,537,760 
   Total8,856,860

Sec. 234.
 
Transportation - policy and planning
 
  Personal services2,071,399
  Operating expenses456,244
  Grants22,523,903 
   Total25,051,546
 Source of funds 
  Transportation fund5,716,435
  Federal funds19,335,111 
   Total25,051,546

(a) Of the above appropriation, $600,000.00 in state transportation funds are to be used for matching funds for the job access reverse commute grant. Federal and state matching funds for the job access reverse commute grant appropriated under Sec. 118a of No. 62 of the Acts of 1999 shall not revert and shall continue to support the match requirements of that section.

(b) The agency of transportation shall utilize toll credits available to it as the state match for multimodal center projects in fiscal year 2001 excluding the Brattleboro Intermodal Center. Of the amounts appropriated above, the agency shall make available $5,000.00 of federal funds as part of the state matching requirements for the multimodal center projects that do not have earmarked federal funds for the purpose.

Sec. 235.
 
Transportation - central garage revolving fund
 
  Personal services2,382,898
  Operating expenses3,763,046
  Other2,676,533 
   Total8,822,477
 Source of funds 
  Internal service funds8,822,477

Sec. 236.
 
Transportation - town highway grants
 
  Grants23,504,280
 Source of funds 
  Transportation fund23,504,280

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

Sec. 237.
 
Transportation - town highway bridges
 
  Other18,168,476
 Source of funds 
  Transportation fund4,234,866
  Federal funds12,575,836
  Local match1,357,774 
   Total18,168,476

Sec. 238.
 
Transportation - town highways - class 1 supplemental
 
  Grants125,000
 Source of funds 
  Transportation fund125,000

Sec. 239.
 
Transportation - town highways - emergency fund
 
  Other750,000
 Source of funds 
  Transportation fund750,000

Sec. 240.
 
Transportation - town highways - bridge & culvert and bridge maintenance programs
 
  Other3,150,000
 Source of funds 
  Transportation fund3,150,000

(a) Of the above appropriation, $400,000.00 shall be for the replacement and maintenance costs of town highway culverts that were identified in the agency of transportation report, “Town Culverts”, pursuant to Sec. 41w of No. 18 of the Acts of 1999.

Sec. 241.
 
Transportation - Vermont local roads program
 
  Other468,000
 Source of funds 
  Transportation fund298,000
  Federal funds170,000 
   Total468,000

Sec. 242.
 
Transportation - town highways - class 2 resurfacing program
 
  Other3,625,000
 Source of funds 
  Transportation fund3,625,000

Sec. 243.
 
Transportation - town highways - class 2 rehabilitation program
 
  Other500,000
 Source of funds 
  Transportation fund500,000

Sec. 244.
 
Department of motor vehicles
 
  Personal services9,619,878
  Operating expenses5,055,938
  Grants269,000 
   Total14,944,816
 Source of funds 
  Transportation fund14,321,777
  Federal funds623,039 
   Total14,944,816

(a) The establishment of four (4) new classified positions - Commercial Vehicle Enforcement Inspector - is authorized for fiscal year 2001.

(b) The establishment of one (1) new classified position - Administrative Assistant A - is authorized for fiscal year 2001.

(c) Of the above appropriation, the sum of $530,500.00 is allocated for the following purposes: $400,000.00 to fund the four new positions authorized in subsection (a) of this section; $100,000.00 to fund one authorized but unfilled position of commercial vehicle enforcement inspector; and $30,500.00 to fund the position authorized in subsection (b) of this section.

(d) The agency of transportation is authorized to acquire five new fully-equipped vehicles for commercial vehicle enforcement activities.

(e) Of the above appropriation, $100,000.00 is allocated to the statewide municipal commercial motor vehicle enforcement fund.

Sec. 244a. Sec. 16 of No. 189 of the Acts of 1996 is amended to read:

Sec. 16. SUNSET OF PROGRAM

(a) Unless extended by act of the general assembly, Sec. 14 of this act shall expire on December 31, *[2000]* 2005. However, conservation registration plates may continue to be displayed as long as the registration continues to be valid.

(b) No later than January 15, *[2000]* 2005, the commissioner of motor vehicles and the commissioner of fish and wildlife shall report to the general assembly relative to the progress and public acceptance of the conservation registration plate program.

(c) There shall be a moratorium on the issuance of any additional types of graphic style registration plates until December 31, *[2000]* 2005.

Sec. 245.
 
Total transportation335,209,005
 
 Source of funds 
  Transportation fund143,884,537
  Federal funds180,133,767
  Local match2,368,224
  Internal service funds8,822,477 
   Total335,209,005

Sec. 246.
 
Debt service - general
 
 Interest
  Bonded debt23,715,364 
   Total interest23,715,364
 Principal
  State of Vermont
  Series XXXI2,920,000
  Series XXXII1,423,973
  Series XXXIII3,936,000
  Series XXXIV1,220,000
  Series XXXV763,264
  Series XXXVI1,710,000
  Series XXXVII8,005,000
  Series XXXVIII645,000
  Series XXXIX3,800,500
  Series XL1,921,084
  Series XLI3,445,500
  Series XLII3,160,000
  Series XLIII1,250,000
  Series XLIV2,000,000
  Series XLV790,000
  Series XLVI1,401,237
  Series XLVII790,000
  Series XLVIII269,954
  1998 Series C1,370,706
  1998 Series D1,530,000
  1999 Series A1,685,000
  1999 Series B500,000 
   Total principal44,537,218
   Total debt service68,252,582
 Source of funds 
  General fund68,172,320
  Special funds80,262 
   Totals68,252,582

Sec. 247.
 
Debt service - transportation
 
 Interest955,217
 Principal
  Series XXIX164,000
  Series XXX75,000
  Series XXXI740,000
  Series XXXII725,000
  Series XXXIII50,000
  Series XXXIV199,500
  Series XXXV69,500
  Series XXXVI98,763
  Series XXXVII20,046
  1998 Series C34,294 
   Total principal2,176,103
   Total debt service3,131,320
 Source of funds 
  Transportation fund3,131,320

Sec. 248.
 
Debt service - rental payments
 
 Interest1,018,348
 Principal
  1998 Series A1,075,000
  1998 Series B295,000 
   Total principal1,370,000
   Total debt service2,388,348
 Source of funds 
  Special funds2,388,348

Sec. 249.
 
Debt service - job zones
 
  Operating expenses68,680
 Source of funds 
  General fund68,680

Sec. 250.
 
Total debt service73,840,930
 
 Source of funds 
  General fund68,241,000
  Transportation fund3,131,320
  Special funds2,468,610 
   Totals73,840,930

Sec. 251. GENERAL FUND FISCAL YEAR 2000 ONE-TIME APPROPRIATIONS

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

(1) For transfer to the education fund.$3,450,000

(2) To the department of housing and community affairs for grants and loans to municipalities and private nonprofit entities to enhance downtown revitalization efforts. This appropriation shall be used for physical improvements to designated downtown areas. Such improvements shall be consistent with the applicable implementation plan for the downtown area and may include public parking facilities, public improvements for pedestrian access and mobility, the acquisition of property, the improvement or rehabilitation of commercial and mixed-use properties, and the implementation of streetscape and public art improvements, among others. Grants recipients shall provide a 25 percent match.$1,000,000

(3) To the department of tourism and marketing, for media partnerships for domestic and Canadian market promotion, international marketing, and promotion of Vermont products and tourism lodging

sales web sites.$1,000,000

(4) To the tax department for conversion to a new personal income tax processing system.$448,500

(5) To the university of Vermont for lab equipment for research on water pollution at the Lake Champlain basin science center and for a campus lake studies laboratory.$300,000

(6) To the Vermont state colleges for the second year contribution for a new statewide student and administrative services information system and for technology equipment and software.$450,000

(7) To the agency of human services for the retention of management services for the Vermont veteran’s home.$219,602

(8) To the Vermont veterans’ home for the one-time revenue shortfall attributed to the admission freeze during fiscal year 2000. $175,000

(9) To the department of agriculture, food and markets to support the New England dairy compact. The commissioner of agriculture, food and markets shall submit a report on how these funds are used to support advocacy activities of the Northeast interstate dairy compact and the results achieved. The report shall also include the amounts of other states' contributions. The report shall be sent to the house and senate appropriations and agriculture committees, and to the joint fiscal committee by January 15, 2001.$100,000

(10) To the department of buildings and general services for the one-time fit-up costs associated with the St. Johnsbury courthouse.$55,000

(11) To the department of agriculture, food and markets for costs of the "Two-plus-Two" agriculture bachelor's degree program at Vermont technical college and the university of Vermont.$112,000

(12) To the department of education for a grant to the Vermont center for the book.$25,000

(13) To the Vermont council on humanities for early reading initiatives.$50,000

(14) To the department of education to be used for school business manager computer equipment, school assessment and school action plan development assistance.$433,000

(15) To the department of developmental and mental health services to provide bridge funding for the self determination program. The department and the program providers shall work collaboratively to incorporate program goals into the general services provided to clients and shall work collaboratively to seek other grant funding to supplement the

program. $200,000

(16) To the secretary of administration to serve as an additional state contribution to a fund for the construction of a memorial to World War II veterans.$64,000

(17) To the agency of commerce and community development for a grant to the state Mt. Independence historic site. $20,000

(18) To the department of economic development for a grant to the Vermont manufacturing extension center.$50,000

(19) For transfer to the tobacco trust fund. $750,000

(20) To the housing and conservation trust fund for low income housing needs consistent with the priorities in Sec. 221(a) of this act. Of this amount $100,000.00 shall be used to alleviate the backlog in requests for home access modifications. This $2,100,000.00 appropriation to the housing and conservation trust fund shall be transferred within 45 days of the effective date of this section.2,100,000

(21) To the department of employment and training for deposit into the workforce training fund. Of this appropriation up to $330,000.00 shall be transferred to the agency of commerce and community development for use by the Vermont training program.$1,000,000

(22) To the agency of natural resources for a one-time enhancement of watershed basin planning initiatives. The agency must prepare these basin plans in conformance with all applicable state and federal law, including but not limited to the water quality management planning regulations at 40 C.F.R. 130.6, and must report back to the legislature on its progress

annually.$250,000

(23) To the department of buildings and general services for continued study and development of plans for a parking structure on state owned property located behind the Thrush Tavern in Montpelier.$50,000

(24) To the human services caseload reserve.$500,000

(25) To the department of housing and community affairs for a one-time funding enhancement of renovation of the Burtch-Udall historic site.$200,000

(26) To the department of economic development for a grant to the Vermont food venture center.$25,000

(27) To the criminal justice training council for the cost of training new troopers to add an additional training class.$75,000

(28) To the office of the attorney general for litigation expenses related to hydro-electric appraisals.$100,000

Sec. 251a. GENERAL FUND FISCAL YEAR 2000 ONE-TIME APPROPRIATIONS: LEGISLATIVE AND JUDICIAL BRANCHES

(a) The following amounts are appropriated from the general fund to the referenced entities as indicated in fiscal year 2000:

(1) To the legislature on a one-time basis for funding obligations through June 30, 2000.$290,000

(2) To the sergeant at arms on a one-time basis to contract for increased security presence, overtime and phone coverage. The sergeant at arms shall report to the joint rules committee on long-term security needs for consideration in the fiscal year 2002 budget process. $59,826

(3) To the judiciary for information technology purchases.$157,000

Sec. 252. FY 2000 SURPLUS ONE-TIME APPROPRIATIONS

(a) All funds in the general fund surplus reserve established in Sec. 277(5) of Act No.147 of the Acts of 1998 as amended by Sec. 88 of Act No. 1 of the Acts of 1999, at the close of fiscal year 2000 are hereby appropriated to the secretary of administration for transfer and use by the referenced departments as indicated in fiscal year 2001. The transfer and use shall be prioritized in the order of the subdivisions below:

(1) To the treasurer to reduce authorized but unissued general obligation bonds.$4,000,000

(1a) To the department of environmental conservation to be used for grants under 10 V.S.A. § 922 to control aquatic nuisances. Up to one-third of this amount may be used on a 50 percent matching basis with local lake associations for projects to prevent the spread of aquatic nuisances in waters not currently infested.$100,000

(2) To the department of agriculture, food and markets for a competitive grants program for state fair capital projects. No single entity shall be awarded more than ten percent of the total appropriated amount. $180,000

(3) To the Vermont historical society for grants for the veterans’ day parade and memorial service to be held in Northfield on November 11, 2000.$9,500

(4) To the tax department for an electronic database. $54,200

(5) To the Vermont student assistance corporation for implementation of individual development accounts for postsecondary education. This transfer is contingent and shall not occur without one-to-one matching for VSAC individual development accounts. $250,000

(6) To the department of forests, parks and recreation to be granted to the green mountain senior games.$5,000

(7) To the department of education for $50,000.00 grants to each of the following pilot technology education projects: Middlebury, Bennington, and Newport.$150,000

(8) To the department of aging and disabilities for a one-time

funding enhancement to address back logs in the Part B flexible funding program.$75,000

(9) To the fire service training council for grants to local fire departments for breathing apparatus.$200,000

(10) To the office of economic opportunity for a Food Stamp outreach project to be matched dollar-for-dollar by the U.S. Department of

Agriculture, and to be managed by the Vermont campaign to end childhood hunger.$50,000

(11) To the secretary of state for document archives.$25,000

(12) To the department of aging and disabilities for one-time funding for vocational rehabilitation client services.$200,000

(13) To the department of economic development for marketing Vermont’s natural wood products industries.$200,000

(14) To the department of aging and disabilities for grants to the area agencies on aging for replacement of equipment used in providing nutrition services and programs to the elderly and disabled.$79,500

(15) To the department of education for support of debate and forensic speaking programs.$15,000

(16) To the department of economic development to facilitate entrepreneurial networking for small businesses.$10,000

(17) To the Vermont economic development authority for reauthorization of VEDA loan program to buy down interest rates on agricultural loans.$250,000

(18) To the department of housing and community affairs for a grant to the capital campaign of the Vermont granite museum in Barre.$150,000

(19) To the department of public safety for microwave communication systems.$1,000,000

(20) To the department of public safety to include $136,960.00 for computer hardware and software replacement and $186,000.00 for radio consoles and equipment for consolidation of Williston, Rockingham and Rutland offices. $322,960

(21) To Vermont public television for reduction of debt owed to the public broadcasting service.$310,000

(22) To the Vermont state colleges for technology equipment and software. $250,000

(23) To the department of corrections for vehicle and equipment replacement.$250,000

(24) To Vermont interactive television for replacement of electronic equipment at all sites statewide.$280,000

(25) To the Vermont housing and conservation board for the home access project to be used in a manner consistent with Vermont housing and conservation guidelines.$250,000

(26) To the department of aging and disabilities for a one-time funding enhancement for the adult day care program. $250,000

(27) To the agency of natural resources for one-time enhancement of watershed basin planning initiatives.$250,000

(28) To the department of fish and wildlife to provide nonmotorized boat access.$50,000

(29) To the secretary of state for costs associated with land surveys to determine town boundaries.$30,000

(30) To the department of buildings and general services for technical assistance for the dry hydrant program.$30,000

(31) To the department of education for a grant to Champlain Valley Union high school for a holocaust education program.$7,500

(32) To the department of education for a grant to the Leland and Grey high school to support travel expenses of the school band. $5,000

(33) To the department of tourism and marketing, for media partnerships for domestic and Canadian market promotion, international marketing, and promotion of Vermont products and tourism lodging sales web sites.$500,000

(34) To the department of forests, parks and recreation as phase I of a three year plan to the survey the “Champion land”. $100,000

(35) To the office of economic opportunity for a one-year grant program to establish model, community-based individual development account savings programs for the purchase or improvement of a home, for postsecondary education, and for entrepreneurial activities. The grantees shall operate the programs in a manner consistent with the language in H. 843 of the 2000 legislative session with the additional criteria to be established by the secretary of administration:

(A) Eligibility criteria shall satisfy federal funding requirements or the requirements of other funding sources;

(B) Grants shall be awarded for no more than five geographically diverse entities for the one-year period, unless a statewide application for federal or foundation funding dictates that one entity be the receiver of funding with matching funding to be reallocated to the geographically diverse subgrantees whose grants have been approved by the office of economic opportunity. No entity shall receive more than $80,000.00 per year, with priority given to those areas that have no individual development account program or a limited program; and

(C) The grant award process shall be competitively based. Applicants shall be required to:

(i) develop a program with training, counseling and savings match;

(ii) target families with children under 175 percent of federal poverty guidelines;

(iii) provide an annual report on the operation, effectiveness and transferability of the program;

(iv) provide a proposed match and a plan to seek funding for future years; and

(v) coordinate with existing individual development

account programs to avoid duplication, enhance the ability to

apply for federal, foundation and other funding sources, and

eliminate duplication of effort.$250,000

(36) To the department of agriculture, food and markets for a competitive grants program for agriculture development and promotion programs. The commissioner is authorized to expend $5,000.00 of this appropriation for the northeast states association for

agricultural stewardship.$225,000

(37) To the department of social and rehabilitation services for one time improvements to the Woodside juvenile facility. $60,000

(38) To the department of education for a grant to the Coventry school district to correct funding levels that were based on incorrectly submitted pupil counts in fiscal years 1992 through 1996.$100,000

(39) To the Johnson State College scholarship fund to provide a Vermont student a scholarship in fiscal year 2001 in honor of former state college trustee Robert J. Harris.$5,000

(40) To the Snelling center for government to provide funding for a capital campaign.$100,000

(41) To the department of public safety for a grant to the Lamoille County planning commission for a study of available sites within the region for emergency telecommunications system towers. Such study shall include consultation with the emergency management agencies of the state and local governments of the region.$50,000

(42) To the agency of natural resources for completion of the restoration of the Sunset Lake dam in Brookfield. The secretary of natural resources is authorized to acquire, improve, operate and maintain as state property the privately-held Sunset Lake dam in Brookfield. The secretary is authorized in addition to acquire any other property, water rights or interests necessary toproperly repair, reconstruct or replace the dam.$50,000

(43) To the department of economic development for a grant to the Vermont patent and trademark library.$42,500

(44) To the department of sheriffs to provide each of the county sheriffs office with a mobile “wanderer” tracking device.$30,000

(45) To the department of tourism and marketing, for a grant to the Vermont festival of the arts.$10,000

(46) To the department of education for the establishment of a “Coming Home” endowment.$100,000

(47) To the department of buildings and general services for: the replacement of equipment and vehicles; purchasing system upgrade, and for public records microfiche storage.$149,000

(48) To the department of aging and disabilities to match funds for a study of Vermont’s elderly population as described in Sec.135(f ) of this act. This funding shall be considered thearea agencies on aging portion of said study costs.$25,000

(49) To the Vermont housing and conservation fund for the home access project to be used in a manner consistent with Vermont housing and conservation guidelines.$250,000

(50) To the department of aging and disabilities for a one-time funding enhancement for the adult day care program. $250,000

(b) Any remaining funds after subdivisions (a)(1) through (50) of this section shall be transferred and used by the department of education for future school construction obligations.

Sec. 253. GENERAL FUND FISCAL YEAR 2001 ONE-TIME APPROPRIATIONS

The following amounts are appropriated from the general fund to the secretary of administration, for transfer and use by the referenced departments as indicated in fiscal year 2001:

(1) To the department of buildings and general services for facilities operations and management. These funds are appropriated on a one-time basis and are anticipated to be offset by revenue generated from fee for space program implementation as described in Sec. 269 of this act.$500,000

(2) To the department of housing and community affairs for a grant to the capital campaign of the Vermont granite museum in Barre.$350,000

(3) To the agency of natural resources for state assistance to municipalities as authorized by chapter 55 of Title 10 and chapter 120 of Title 24, including pollution control, for water pollution and combined water overflow facility construction; this appropriation includes the funding for the town of Springfield combined sewer overflow project.$7,450,000

(4) To the department of buildings and general services for the agency of human services for the southern state correctional facility.$4,000,000

(5) To the department of buildings and general services for the department of education for the Springfield technical center.$3,000,000

(6) To the department of public safety for microwave communication systems.$800,000

Sec. 254. PETROLEUM CLEANUP FUND ONE-TIME APPROPRIATION

(a) Notwithstanding 10 V.S.A. § 1941(b), $50,000.00 special funds shall be appropriated in fiscal year 2000 to the agency of natural resources from the petroleum cleanup fund for the first of a three year replacement program for all state agencies and departments, of marine outboard 2-stroke engines with less polluting 4-stroke engines.

Sec. 255. GENERAL FUND TRANSFERS AND APPROPRIATIONS

(a) In the event that the fiscal year 2001 revenue estimate is adjusted upwards by the emergency board in July of 2000, to the extent that the revenue adjustment allows, the following appropriations shall occur in the order presented below:

(1) $6,000,000.00 of general funds are hereby appropriated and shall be transferred to the secretary of administration for use by the state treasurer to reduce authorized but unissued general obligation bonds and avoid debt issuance during fiscal year 2001.

(2) $1,000,000.00 of general funds shall be transferred to the housing conservation trust fund for emergency housing consistent with Sec. 221(a) of this act.

Any amount of these $7,000,000.00 appropriations and transfers which are not made due to an insufficient revenue adjustment shall be considered a contingent appropriation and shall occur prior to subdivision (b)(2) of this section.

(b) Notwithstanding any other provisions of law, the fiscal year 2001 unreserved undesignated general fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 2001 is hereby transferred and appropriated as available in the following order:

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

(2) Second, any remaining fund balance after subsection (a) and subdivision (b)(1) of this section shall be transferred to the general fund surplus reserve established in Sec. 277(5) of Act No. 147 of the Acts of 1998 as amended by Sec. 88 of Act No. 1 of the Acts of 1999.

Sec. 256. EMERGENCY BOARD TRANSFER AUTHORITY

(a) By July 15, 2000, the emergency board shall review the education fund final fiscal year 2000 revenues and expenditures and specifically the cost of the prebate true up. The board shall then make a determination as to the implications of fiscal year 2000 education fund expenditures on fiscal year 2001 and fiscal year 2002 and determine education revenue estimates for fiscal year 2001 and fiscal year 2002. Based on the review of expenditures and revenues the board is authorized to make one or both of the following transfers to the extent needed to ensure an education fund stabilization reserve of five percent is maintained through fiscal year 2002:

(1) Up to $2,000,000.00 in general funds may be transferred to the education fund from fiscal year 2000 surpluses before allocation of any surpluses for school construction as provided in Sec. 252 (b) of this act.

(2) Up to $4,000,000.00 in general funds may be transferred to the education fund from fiscal year 2001 projected surplus revenues after all fiscal year 2001 appropriations including those in Sec. 255(a) (1) but before Sec. 255(a)(2) of this act.

Sec. 257. TRANSPORTATION FUND TRANSFERS

(a) The amount of $800,000.00 is transferred from the transportation fund to the downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund. Expenditures shall be consistent with the criteria of Sec. 211 of this act.

Sec. 258. FISH AND WILDLIFE FUND APPROPRIATION

(a) There is appropriated in fiscal year 2000, $200,000.00 from the fish and wildlife fund to the secretary of administration, exclusively for transfer to the department of fish and wildlife for costs associated with the 27th payroll. Any amount not transferred shall revert to the fish and wildlife fund.

Sec. 259. MISCELLANEOUS ACTS OF THE 2000 SESSION

(a) Amounts are hereby appropriated in accordance with the provisions of all house and senate bills which may be enacted by the 2000 session of the general assembly.

Sec. 260. RELATIONSHIP TO CERTAIN EXISTING LAWS

(a) This act shall not be construed in any way to negate or impair the full force and effect of existing laws relating to taxation and the disposition of funds raised thereby, the appraisal of electric plants, lawful rebates from the state treasury, laws relating to unorganized towns and gores, laws relating to trust funds for which the state is trustee or beneficiary, laws relating to care and regulation of state institutions and property, and laws relating to the state agricultural land grant funds.

Sec. 261. OFFSETTING APPROPRIATIONS

(a) In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated.

Sec. 262. [Deleted]

Sec. 263. FEDERAL FUNDS

(a) In fiscal year 2001, 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 2001, federal funds available to the State of Vermont and designated as federal in this and other acts of the 2000 session of the Vermont general assembly, are converted into block grants or are abolished under their current title in federal law, and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated. The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval. Notice shall be given to the joint fiscal committee without delay if the governor is intending to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval.

Sec. 264. DEPARTMENTAL RECEIPTS

(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:

Connecticut river flood control

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, or, for agency of transportation recoveries, the transportation fund.

Sec. 265. NEW POSITIONS

(a) 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 2001, except for new positions authorized by the 2000 session of the general assembly. Positions in the department of employment and training, operating under the managing-to-payroll program, shall not be subject to this restriction, nor shall limited service positions approved pursuant to 32 V.S.A. § 5.

Sec. 266. LIMITED SERVICE POSITIONS

(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 equipment and 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.

Sec. 267. [Deleted.]

Sec. 268. [Deleted.]

Sec. 269. FEE-FOR-SPACE PROGRAM AUTHORIZATION

(a) The secretary of administration is authorized to institute a fee-for-space program in fiscal year 2002. Said program shall be designed to achieve the following: to appropriately reflect total space costs within agency budgets; to maximize the receipt of nonstate dollars for space-related costs; and to improve state space utilization. Under this program, agencies shall be charged for their use of space and custodial services based on a plan developed by the department of buildings and general services.

(1) The secretary may implement aspects of the program in fiscal year 2001; funds appropriated in the facilities operations line item in fiscal year 2001 may be transferred, subject to the approval of the secretary of administration, to departments in order to provide funds for fee-for-space charges. Facilities operations expenses may be paid out of the facilities revolving fund.

(2) In November 2000, the secretary of administration and the commissioner of buildings and general services shall present to the joint fiscal committee a progress report on fiscal year 2001 implementation of the program. Said report shall include the proposed system of fees and rationale for such charges.

(3) For fiscal year 2002 implementation, the administration shall submit agency and department budgets which include sufficient appropriations for facility charges in place of direct appropriations to the department of buildings and general services.

(4) By January 15 of each year, the department of buildings and general services shall submit to the house and senate appropriations committees a consolidated report of all space, custodial and occupancy related charges for the previous fiscal year, current fiscal year and the estimated amounts included in subsequent fiscal year budget submissions.

Sec. 270. 29 V.S.A. § 160a is added to read:

§ 160a. FACILITIES OPERATIONS REVOLVING FUND

(a) There is created a facilities operations revolving fund in the department of buildings and general services. The purpose of this fund is to provide for:

(1) operating expenses for buildings, support facilities and grounds;

(2) maintenance expenditures on buildings, support facilities and grounds;

(3) major maintenance and renovation projects for buildings and support facilities;

(4) relocation expenses for state agencies;

(5) purchase of options for real estate acquisitions;

(6) payments to build or acquire buildings or support facilities as approved by the legislature;

(7) debt service payments on general obligation bonds authorized to build or acquire buildings and support facilities.

(b) The fund shall consist of:

(1) Moneys which are appropriated to the fund or which are paid to it under authorization of the emergency board.

(2) The proceeds of rental income received by the department of buildings and general services from the leasing of buildings and property under its supervision.

(3) Fees paid by departments and agencies including the legislative and judicial branches, which shall be fixed by the commissioner of buildings and general services subject to the approval of the secretary of administration, based upon the cost of operations, debt service and depreciation.

(4) Revenue derived from the sale of properties.

(5) Moneys recovered from tenants for discretionary expenditures for services beyond the normal standards of facilities services.

(6) Moneys recovered as a result of litigation relating to facilities operations, construction or renovations.

(c) All balances remaining at the end of a fiscal year shall be carried over to the following year.

Sec. 271. 18 V.S.A. chapter 225 is added to read:

CHAPTER 225. TOBACCO PREVENTION,

CESSATION AND CONTROL

§ 9501. DEFINITIONS

As used in this chapter:

(1) "Board" means the Vermont tobacco evaluation and review board established by this chapter.

(2) “Secretary” means the secretary of human services.

(3) “Agency” means the agency of human services, unless the context requires otherwise.

(4) "Commissioner" means the commissioner of the department of health.

(5) "Department" means the department of health, unless the context requires otherwise.

(6) "Eligible activity" means any activity that will carry out either or both of the dual purposes of freeing Vermonters from addiction to tobacco, and ensuring that the youth of Vermont in this generation and in generations to come are free from tobacco addiction. Eligible activities include the following:

(A) establishing anti-addiction programs that are accessible to all Vermonters;

(B) creating and fostering anti-tobacco educational programs for use in Vermont schools;

(C) creating and fostering anti-tobacco advertising;

(D) establishing community outreach programs;

(E) supporting tobacco control enforcement activities;

(F) evaluating the effectiveness of tobacco cessation, prevention and control programs;

(7) "Litigation settlement fund" means the Vermont tobacco litigation settlement fund established by section 435a of Title 32.

(8) "Program" means the Vermont tobacco prevention and treatment program established under this chapter.

(9) "Tobacco Litigation Settlement" means the Master Settlement Agreement between members of the tobacco industry and the state of Vermont, approved by the Vermont superior court on December 14, 1998 and finalized in Vermont on January 13, 1999.

(10) "Trust fund" means the tobacco trust fund established by this chapter.
§ 9502. TOBACCO TRUST FUND

(a)(1) The tobacco trust fund is established in the office of the state treasurer, for the purposes of creating a self-sustaining, perpetual fund for tobacco cessation and prevention which is not dependent upon tobacco sales volume.

(2) The trust fund shall be comprised of:

(A) appropriations made by the general assembly;

(B) transfers from the litigation settlement fund pursuant to subdivision (b) of this section; and

(C) contributions from any other source.

(3) The state treasurer shall not disburse monies from the trust fund, except upon appropriation by the general assembly. In any fiscal year, total appropriations from the trust fund shall not exceed seven percent of the fair market value of the fund at the end of the prior fiscal year.

(4) The trust fund shall be administered by the state treasurer. The treasurer may invest monies in the fund in accordance with the provisions of section 434 of Title 32. All balances in the fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the fund. The treasurer’s annual financial report to the governor and the general assembly shall contain an accounting of receipts, disbursements and earnings of the fund.

(b) Unless otherwise authorized by the general assembly on or before June 30, 2000, and on June 30 of each subsequent fiscal year, any unencumbered balance in the litigation settlement fund shall be transferred to the trust fund.

§ 9503. VERMONT TOBACCO PREVENTION AND TREATMENT

PROGRAM

(a) Except as otherwise specifically provided, the tobacco prevention and treatment program shall be administered and coordinated statewide by the department of health and the Vermont tobacco evaluation and review board, pursuant to the provisions of this chapter. The program shall be comprehensive and research-based, and shall include the following components:

(1) community-based programs;

(2) school-based programs;

(3) tobacco cessation programs;

(4) countermarketing activities;

(5) enforcement activities;

(6) surveillance and evaluation activities;

(7) policy initiatives; and

(8) any other activities determined by the commissioner or the board to be necessary to implement the provisions of this section.

(b) By June 1, 2001, the department and the board shall jointly establish a plan, that includes goals for each program component listed in subsection (a) of this section, for reducing adult and youth smoking rates by 50 percent in the following 10 years. By June 1 of each year, the department and the board shall jointly establish goals for reducing adult and youth smoking rates in the following two years, including goals for each program component listed in subsection (a) of this section.

(c) The department of liquor control shall administer the component of the program that relates to enforcement activities.

(d) The department of education shall administer school-based programs.

(e) The department shall pay all fees and costs of the surveillance and evaluation activities, including the costs associated with hiring a contractor to conduct an independent evaluation of the program.

(f) The board shall be represented on all tobacco program advisory committees, including, but not limited to, the youth working group, community grants advisory board and the scientific advisory board. The board's representative on any such advisory committee shall include at least one member other than the commissioner of health.

§ 9504. CREATION OF THE VERMONT TOBACCO EVALUATION AND

REVIEW BOARD

(a) There is created and established, within the office of the secretary, a body to be known as the Vermont tobacco evaluation and review board, an independent state board created to work in partnership with the agency of human services and the department of health in establishing the annual budget, program criteria and policy development, and review and evaluation of the tobacco prevention and treatment programs.

(b) The board shall consist of 13 members, including ex officio the commissioner of health and the commissioner of education, or their designees; the attorney general or designee; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the committee on committees; a member representing a nonprofit organization qualifying under Section 501(c)(3) of the Internal Revenue Code and dedicated to anti-tobacco activities appointed by the speaker of the house; a member representing the low income community appointed by the senate committee on committees; two persons under the age of 21, one appointed by the speaker of the house and one appointed by the senate committee on committees; and four members appointed by the governor with the advice and consent of the senate, including: one K-12 educator involved in prevention education; one tobacco use researcher; one member representing the health care community; and one tobacco industry countermarketing expert. The public members shall serve for three-year terms, beginning on February 1 of the year in which the appointment is made, except that the first members appointed by the governor to the board shall be appointed, two for a term of two years, one for a term of three years and one for a term of four years. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.

(c) The governor shall appoint a chair from among the board's public members. The chair shall serve for a term of two years. The chair may be removed for good cause by a two-thirds voting majority of the board. The board may elect such other officers as it may determine. The board may appoint committees or subcommittees for the purpose of providing advice on community-based programs, countermarketing activities and independent program evaluations. Meetings shall be held at the call of the chair or at the request of three members; however, the board shall meet no less than four times a year. A majority of the sitting members shall constitute a quorum, and action taken by the board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting. Actions taken by the board to approve, authorize, award, grant or otherwise expend money appropriated to the board or the department shall require authorization from a majority of members of the entire board.

(d) Public members other than ex officio members shall be entitled to per diem compensation authorized under section 1010 of Title 32 for each day spent in the performance of their duties, and members shall be reimbursed from the fund for reasonable expenses incurred in carrying out their duties under this chapter. Legislative members shall be entitled to per diem compensation and reimbursement for expenses in accordance with section 406 of Title 2.

(e) The board may employ staff, through the agency of human services, to assist the board in planning, administering and executing its functions under this chapter, subject to the policies, control and direction of its members and the powers and duties of the board under this chapter. The board may employ technical experts and contractors as necessary to effect the purposes of this chapter. The board shall use the office of the attorney general for legal services. The board shall receive additional staff assistance from the department of health, the legislative council and the joint fiscal office.

(f) The agency of human services shall provide administrative support to the board for the purposes of this chapter.

(g) No member of the board shall have any direct or knowing affiliation or contractual relationship with any tobacco company, its affiliates, its subsidiaries or its parent company. All board members shall file a conflict of interest statement, stating that he or she has no such affiliation or contractual relationship.

§ 9505. GENERAL POWERS AND DUTIES

The board shall have all the powers necessary and convenient to carry out and effectuate the purposes and provisions of this section, and shall:

(1) establish jointly with the department of health the selection criteria for community grants and review and recommend the grants to be funded;

(2) select, upon the advice of the commissioner, a contractor responsible for countermarketing activities. The department shall pay the fees and costs of any such contractor. The board and commissioner shall jointly approve any final countermarketing campaign;

(3) review and advise the department selection criteria for grantees and contracts funded by the program in conformity with the goals established by the department and board;

(4) establish jointly with the department an application process, criteria, and components for an independent evaluation. The board shall select an independent contractor to perform an independent evaluation, and oversee the independent contractor's evaluation of the tobacco prevention, treatment and control program;

(5) review and make recommendations to the overall plan and any memorandum of understanding developed jointly by the department of health and department of education for school-based programs funded through the tobacco program fund;

(6) review and make recommendations to enforcement activities administered by the department of liquor control in accordance with the provisions of this chapter;

(7) review and advise any state agency, on applications for funds contributed from any outside sources that are designated for purposes of reducing tobacco use;

(8) in collaboration with the agency and department, annually organize a minimum of two public meetings by September 15 of each year, to receive public input and advice for setting program priorities and establishing an annual program budget;

(9) conduct jointly with the secretary a review of the department's proposed annual budget for the program, including funds contributed from any outside sources that are designated for purposes of reducing tobacco use, and submit independent recommendations to the governor, joint fiscal committee and committee on appropriations of the house of representatives and the senate by October 1 of each year;

(10) propose to the department strategies for program coordination and collaboration with other state agencies, nonprofit organizations dedicated to anti-tobacco activities, health care providers and organizations, community and school groups and other nonprofit organizations;

(11) adopt a conflict of interest policy within 30 days of the appointment of the full board and include this policy in the annual report required under this chapter.

§ 9506. ALLOCATION SYSTEM

(a) In determining the allocation of funds available for the purposes of this chapter, the department and the board shall consider, but not be limited to, the following factors:

(1) the level of funding or other participation by private or public sources in the activity being considered for funding;

(2) what resources will be required in the future to sustain the program;

(3) geographic distribution of funds; and

(4) the extent to which the outcomes of the project can be measured by reductions in adult or youth smoking rates.

(b) The department's and board's allocation system shall include a method, developed jointly, that evaluates the need for, impact and quality of activities proposed by eligible applicants, including, where appropriate, measuring the outcomes of the project through reductions in adult and youth smoking rates.

§ 9507. ANNUAL REPORT

(a) By January 15 of each year, the board shall submit a report concerning its activities under this chapter to the governor and the general assembly which shall include, to the extent possible, the following:

(1) the results of the independent program evaluation, beginning with the report filed on January 15, 2003, and then each year thereafter;

(2) a full financial report of the activities of the departments of health, education, liquor control, and the board, including a special accounting of all activities from July 1 through December 31 of the year preceding the legislative session during which the report is submitted;

(3) a recommended budget for the program; and

(4) an explanation of the outcomes of approved programs, measured through reductions in adult and youth smoking rates.

(b) By November 15 of each year the secretary of human services shall submit a detailed report to the board and the general assembly which itemizes all administrative and programmatic expenses of the department of social welfare, the department of education and the department of health which pertain to their activities under chapter 225 of Title 18.

Sec. 271a. APPROPRIATIONS

(a) The sum of $125,000.00 is appropriated from the Vermont tobacco litigation settlement fund to the Vermont tobacco evaluation and review board in fiscal year 2001, and shall be utilized according to the provisions of chapter 225 of Title 18 to cover operating and personnel expenses, and to perform its duties under section 9505 of Title 18. Included in the personnel expenses of the board shall be one (1) exempt position, Program Manager, which is hereby authorized in fiscal year 2001, and which shall be subject to the direction of the Vermont tobacco evaluation and review board with supplemental supervision provided by the secretary and located in the office of the secretary of human services.

(b) The sum of $4,830,000.00 is appropriated from the Vermont tobacco litigation settlement fund to the department of health and shall be utilized according to the provisions of chapter 225 of Title 18 as follows:

(1) $1,356,000.00 to fund community-based programs;

(2) $1,275,000.00 to fund countermarketing activities;

(3) $1,275,000.00 to fund tobacco cessation programs;

(4) $236,000.00 to fund statewide programs; and

(5) $688,000.00 to fund surveillance and evaluation activities.

(c) The sum of $1,200,000.00 is appropriated from the Vermont tobacco litigation settlement fund to the department of education, and shall be utilized according to the provisions of chapter 225 of Title 18 to fund school-based programs.

(d) Appropriations from the Vermont tobacco litigation settlement fund shall be for expenditures and obligations during fiscal year 2001. The appropriations shall not carry forward, and any unspent or unobligated funds shall be transferred to the trust fund at the end of the fiscal year.

(e) Expenditures from appropriations from the litigation settlement fund may be made in anticipation of receipts. Any decrease in the anticipated revenues from the Master Settlement Agreement as a result of a reduction in tobacco sales volume shall be equally absorbed by all entities receiving an appropriation from the litigation settlement fund.

Sec. 271b. FISCAL YEAR 2002 VERMONT TOBACCO LITIGATION SETTLEMENT FUND TRANSFERS AND ALLOCATIONS

(a) In fiscal year 2002, the sum of no more than $17,250,000.00, or two-thirds of Vermont’s annual allocation of monies paid in connection with the Tobacco Litigation Settlement projected for fiscal year 2002, whichever is less, shall be transferred from the litigation settlement fund to the department of social welfare, Medicaid program to defray the cost of health care.

(b) In fiscal year 2002, the general assembly shall endeavor to allocate a minimum of $6,155,000.00 but not more than one-third of Vermont’s annual allocation of monies paid in connection with the Master Litigation Settlement projected in fiscal year 2002 to effectuate the purposes described in 18 V.S.A. chapter 225.

Sec. 271c. APPROPRIATIONS: HOUSING AND CONSERVATION TRUST FUND AND MUNICIPAL AND REGIONAL PLANNING FUND

(a) This act contains appropriations to the housing and conservation trust fund and to the municipal and regional planning fund and the special fund for property valuation and review administration costs which are based on estimated receipts these funds will receive as statutory allocations of the property transfer tax in fiscal year 2001. It also contains appropriations from these funds based on these receipt assumptions. Expenditures from these appropriations shall not exceed available revenues. The administration shall use its excess receipts authority to enable any excess receipts to be made available for expenditure by the entities listed below:

(1) The sum of $227,000.00 for the tax department from the tax department special fund for property valuation and review administration costs created in 32 V.S.A. § 9610(c).

(2) The sum of $11,236,500.00 from the housing and conservation trust fund to the housing and conservation trust board consistent with estimates of revenues received in accordance with 10 V.S.A. § 312.

(3) The sum of $3,820,410.00 from the municipal and regional planning fund consistent with estimates of revenues received and distributed in accordance with 24 V.S.A. § 4306(a) as follows:

(A) $2,674,287.00 for disbursement to regional planning commissions;

(B) $764,082.00 disbursement to municipalities;

(C) $382,041.00 to the geographic information system.

Sec. 271d. 24 V.S.A. § 4306(a) is amended to read:

(a) A municipal and regional planning fund for the purpose of assisting municipal and regional planning commissions to carry out the intent of this chapter is hereby created in the state treasury. The fund shall be comprised of 17 percent of the revenue from the property transfer tax under chapter 231 of Title 32 and any moneys from time to time appropriated to the fund by the general assembly or received from any other source, private or public. All balances at the end of any fiscal year shall be carried forward and remain in the fund. Interest earned by the fund shall be deposited in the fund. Of the revenues in the fund, each year 10 percent shall be disbursed to the Vermont center for geographic information; 70 percent shall be disbursed to regional planning commissions and 20 percent shall be disbursed to municipalities. *[Disbursements to regional planning commissions shall be according to a formula adopted by the commissioner of the department of housing and community development under chapter 25 of Title 3. Disbursements to municipalities shall be through a competitive program administered by the department pursuant to subdivision (b)(4) of this section.]*

Sec. 271e. 32 V.S.A. § 9610(c) is added to read:

(c) Prior to distributions of property transfer tax revenues under 10 V.S.A. § 312, 24 V.S.A. § 4306(a) and 32 V.S.A. § 435(b)(10), one percent of the revenues received from the property transfer tax shall be deposited in a special fund in the tax department for property valuation and review administration costs.

Sec. 272. SPECIAL FUND ONE-TIME APPROPRIATIONS FOR HOUSING

(a) In addition to other appropriations in this act, the secretary of administration shall transfer during fiscal year 2001 the first $900,000.00 of any fiscal year 1999 and fiscal year 2000 municipal and regional planning fund cumulative ending balance to the Vermont housing conservation trust fund for emergency housing consistent with Sec. 221(a) of this act.

(b) Any remaining balances shall be distributed according to the formulation in 24 V.S.A. § 4306(a).

Sec. 272a. 32 V.S.A. § 7823 is amended to read:

§ 7823. *[TRANSFER]* DEPOSITOF REVENUE

The *[net]* revenue generated by *[the additional 12 mills of the tax on cigarettes and by the additional 21 percent of the rate of the tax on the wholesale price of tobacco products, determined by allowing for any decline in purchases of such products resulting from such tax increases,]* the taxes imposed under this chaptershall be *[transferred monthly]* credited to the Vermont health access trustfund established by subchapter 3 of chapter 19 of Title 33.

Sec. 272b. REPEAL

32 V.S.A. § 435(b)(2) (deposit of the tax on cigarettes and tobacco products into the general fund) is repealed.

Sec. 273. 30 V.S.A. § 218 is amended to read:

§ 218. JURISDICTION OVER CHARGES AND RATES

* * *

(c)(1) The public service board shall take action, including the setting of telephone rates, enabling the state of Vermont to participate in the Federal Communications Commission telephone lifeline program. The board shall set one or more residential basic exchange lifeline telephone service credits, for those persons eligible to participate in the Federal Communications Commission Lifeline program.

* * *

(4) Notwithstanding any provisions of this subsection to the contrary, a subscriber who is enrolled in the lifeline program and has obtained a final relief from abuse order in accordance with the provisions of chapter 21 of Title 15 or chapter 69 of Title 33 shall qualify for a lifeline benefit credit for the amount of the incremental charges imposed by the local telecommunications company for treating the number of the subscriber as nonpublished and any charges required to change from a published to a nonpublished number. Such subscribers shall be deemed to have good cause by the secretary of human services for the purpose of extending the application deadline in subdivision (3) of this subsection. For purposes of this section, "nonpublished" means that the customer's telephone number is not listed in any published directories, is not listed on directory assistance records of the company, and is not made available on request by a member of the general public, notwithstanding any claim of emergency a requesting party may present. The department shall develop an application form and certification process for obtaining this lifeline benefit credit. Upon enrollment in the program, such participant shall receive the lifeline benefit credit until the end of the calendar year. Renewals shall be for a period of one year. *[(4)]*(5) The public service department shall report annually on or before *[February 15]* March 1to the speaker of the house and the president pro tem of the senate on the implementation and effectiveness of the telephone lifeline service, including information on the degree of participation in the program and the cost of the program's benefits and administration.

Sec. 274. SOCIAL WELFARE; DRUG CONVICTION RECORD

(a) 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. 275. 33 V.S.A. § 1993 (a)(1)(A) is amended to read:

(A) he or she is a resident of Vermont at the time of application for benefits *[and has been such, continuously, for the 12 months immediately preceding application]*;

Sec. 276. SPECIAL EDUCATION; STATEWIDE PROGRAMS

(a) Of the appropriation authorized in section 156 of this act, and notwithstanding any other provision of law, an amount not to exceed $2,426,500.00 shall be used by the department of education in fiscal year 2001 as funding for 16 V.S.A. § 2967(b)(2)-(6). In distributing such funds, the commissioner shall not be limited by the restrictions contained within 16 V.S.A. § 2969(c) and (d).

Sec. 277. 16 V.S.A. § 563(17) is amended to read

(17) Shall employ a public accountant at least once in each period of three years to audit the financial statements of the school district and the average daily membership count submitted by the district to the department of education under subdivisions 4001(1)(A) and (B) of this title. The school board may authorize an audit in conjunction with another school district or supervisory union. The provisions of this subdivision shall not apply if the town has voted to eliminate the office of auditor under section 2651b of Title 17 and an audit of the school district's accounts under section 1681 of Title 24 is performed by a public accountant. The audit options provided in this subdivision notwithstanding, an audit of the average daily membership count submitted by the district to the department of education shall be included.

Sec. 278. 20 V.S.A. § 45 is amended to read:

§ 45. EMERGENCY RELIEF AND ASSISTANCE

(a) If a state of emergency due to a natural disaster is declared by the governor, the emergency board established by 32 V.S.A. § 131 may authorize the secretary of administration to expend from the emergency relief and assistance fundsuch funds necessary to meet match requirements for federal grants and to award low interest loans and grants to municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms or businesses are damaged by a natural disaster. Assistance under this section may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this section. Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the secretary of administration.

(b) The emergency board may authorize the secretary of administration to expend from the emergency relief and assistance fund an amount not to exceed $1,000,000.00 to avert an emergency natural or otherwise as identified by the board. *[(b)]*(c) In any fiscal year, the emergency board may transfer to the emergency relief and assistance fundup to two percent of the amount of the general fund budget stabilization reserve established by 32 V.S.A. § 308, whichmay be expended to provide for emergency relief and assistance under this section. Upon the occurrence of the contingencies and conditions set out in *[subsection]* subsections(a) and (b)of this section, such amounts are appropriated and may be expended for this purpose.

(d) There is created an emergency relief and assistance fund to be administered by the secretary of administration as a special fund under the provisions of subchapter 5 of chapter 7 of Title 32. The fund shall contain any amounts transferred to it under this section or appropriated to it by the general assembly. *[(c)]*(e) Annually, the secretary of administration shall submit a report detailing any expenditures for disaster relief and assistance under this section to the general assembly.

Sec. 279. Sec. 272b of No. 62 of the Acts of 1999 is amended to read:

Sec. 272b. REPEAL

3 V.S.A. § 2225 (establishing an emergency relief and assistance fund) is repealed, and any balance in the fund on July 1, 1999 is transferred to the emergency relief and assistance fund established in 20 V.S.A. § 45(c).

Sec. 280. 12 V.S.A. § 5601(h) is added to read:

(h) The commissioner of buildings and general services shall review the adequacy of the dollar limits on liability imposed by 12 V.S.A. § 5601 and shall report his or her findings to the Judiciary Committees of the House and Senate not later than January 1 in every odd-numbered year.

Sec. 280a. Sec. 267(1) of Act No. 62 of 1999 is amended to read:

(1) To the department of buildings and general services for purposes in subdivisions (A), (B) and (C) below. $10,000,000

* * *

This appropriation is subject to voter approval of a correctional facility by the town of Springfield. The funds in *[subdivisions]* subdivision(1)(B) *[and (C)]* of this section shall not be released until the commissioner of buildings and general services submits a formal letter of certification to the secretary of administration and the joint fiscal committee that all permit approvals and site issues have been resolved favorably for construction of a 350-bed correctional facility in the town of Springfield. The $1,000,000.00 appropriation of subdivision (1)(C) of this section shall be made available without such prior certification by the commissioner, and shall not be repaid to the state should such correctional facility not be built due to any circumstance other than an official action of the town of Springfield selectboard. The spending authorization of this subsection and subdivision (2) of this section and Sec. 267c(3) and Sec. 268(4) shall carry forward beyond the current or any future fiscal year.

Sec. 280b. 18 V.S.A. § 4451 is amended to read:

§ 4451. EXCEPTIONS

The provisions of this subchapter shall not apply to individuals manufacturing in and selling from their own private home kitchens bread, cakes, pies or other food products made either wholly or in part from flour whose average gross retail sales of such products do not exceed *[$10.00]* $125.00a week, nor to restaurants, inns, or hotels subject to the provisions of subchapter 2 of this chapter, nor to church, fraternal or charitable food sales.

Sec. 281. REPEAL

Sec. 6 of No. 18 of the Acts of 1999 (lease-purchase of replacement heavy equipment) is repealed.

Sec. 281a. GRANTS

The following grant is hereby accepted and appropriated to the department indicated for the purpose specified by the grantor, to become effective upon passage:

JFO #1896 - $112,500.00 grant from the U.S. Department of Health and Human Services, Office of Minority Health to the Health Department. These funds will be used to improve Vermont HIV/AIDS surveillance data to accurately reflect race and ethnicity, and strengthen the ability of the Vermont minority community-based organizations to provide effective HIV/AIDS prevention education and services to the African-American and Latino/a populations in Vermont. One (1) limited service sponsored position - Public Health Specialist - is authorized for the duration of the grant. The department shall administer this grant to maximize the provisions of direct grant assistance to eligible organizations, and shall provide a written report on the uses of the grant funds by September 1, 2000, to the joint fiscal committee.

Sec. 282. EFFECTIVE DATES

This section and Secs. 45(a), 56a, 56b, 77, 78a, 78b, 78c, 117a, 123, 143a, 159, 160a, 162a, 169a, 215a, 215b, 215c, 251, 251a, 254, 258, 271, 278, 279, 280a and 281a shall be effective on passage. Secs. 278 and 279 shall apply as of July 1, 1999.

Approved: May 29, 2000