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Journal of the House

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WEDNESDAY, MAY 5, 1999

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by the Speaker of the House.

Message from the Senate

Mr. Speaker:

I am directed to inform the House that the Senate has on its part adopted joint resolutions of the following titles

J.R.S. 36. Joint resolution relating to reducing the risks of an accidental nuclear attack.

J.R.S. 57. Joint resolution congratulating the Vermont Housing and Finance Agency on its 25th anniversary.

In the adoption of which the concurrence of the House is requested.

Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on the following House bills the President has appointed as members of such Committees on the part of the Senate:

H. 290. An act relating to an endowment trust fund to provide financial aid to Vermont postsecondary students and institutions.

H. 548. An act relating to equal education opportunity omnibus act.

Bill Referred to Committee on Appropriations

H. 11

House bill, entitled

An act relating to payment of fees for GED exams;

Appearing on the Calendar for notice, carrying an appropriation, under rule 35a, was referred to the Committee on Appropriations.

Bill Referred to Committee on Ways and Means

H. 25

House bill, entitled

An act relating to uniform commercial code;

Appearing on the Calendar for notice, affecting the revenue of the state, under the rule, was referred to the Committee on Ways and Means.

S. 47

Senate bill, entitled

An act relating to a commission on Alzheimer's disease and related disorders;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the Committee on Appropriations.

Committee Bill Introduced

H. 565

Rep. Kreitzer of Rutland City, for the committee on Government Operations, introduced a bill, entitled

An act relating to a special retirement study committee;

Which was read the first time and, under the rule, placed on the Calendar for notice tomorrow.

Bill Committed

H. 565

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Kreitzer of Rutland City, the rules were suspended and House bill, entitled

An act relating to a special retirement study committee;

Was taken up for immediate consideration.

Pending second reading of the bill Rep. Kreitzer of Rutland City, moved that the bill be committed to the committee on Appropriations, which was agreed to.

Joint Resolution Adopted

J.R.H. 106

Reps. Milne of Washington, Alfano of Calais, Anderson of Woodstock, Aswad of Burlington, Atkins of Winooski, Baker of West Rutland, Barbieri of Wallingford, Blanchard of Essex, Bourdeau of Hyde Park, Bouricius of Burlington, Bristol of Brattleboro, Brooks of Montpelier, Buckland of Newport Town, Carmolli of Rutland City, Cleland of Northfield, Colvin of Bennington, Corren of Burlington, Costello of Brattleboro, Cross of Winooski, Dakin of Colchester, Darrow of Newfane, Deen of Westminster, DePoy of Rutland City, Deuel of West Rutland, Doyle of Richmond, Dunne of Hartland, Edwards of Swanton, Emmons of Springfield, Flory of Pittsford, Follett of Springfield, Fox of Essex, Freed of Dorset, Fyfe of Newport City, Gervais of Enosburg, Ginevan of Middlebury, Gray of Barre Town, Gretkowski of Burlington, Hathaway of Barton, Heath of Westford, Helm of Castleton, Hingtgen of Burlington, Holmes of Bethel, Houston of Ferrisburg, Howrigan of Fairfield, Hube of Londonderry, Hummel of Underhill, Jordan of Middlesex, Keenan of St. Albans City, Kehler of Pomfret, Kinsey of Craftsbury, Kitzmiller of Montpelier, Koch of Barre Town, Krasnow of Charlotte, Krawczyk of Bennington, Kreitzer of Rutland City, LaBarge of Grand Isle, Lafayette of Burlington, Larocque of Barnet, Lehman of Hartford, Little of Shelburne, Livingston of Manchester, Mallary of Brookfield, Maslack of Poultney, Masland of Thetford, Mazur of South Burlington, Mazzariello of Rutland City, McGrath of Ferrisburg, McNamara of Burlington, Milkey of Brattleboro, Miller of Shaftsbury, Molloy of Arlington, Moore of Rutland City, Morrissey of Bennington, Mullin of Rutland Town, Neiman of Georgia, Nitka of Ludlow, Nuovo of Middlebury, O'Donnell of Vernon, Obuchowski of Rockingham, Osman of Plainfield, Palmer of Pownal, Paquin of Fairfax, Parizo of Essex, Partridge of Windham, Peaslee of Guildhall, Pembroke of Bennington, Perry of Richford, Pike of Mendon, Poirier of Barre City, Postman of Brownington, Pratt of Castleton, Pugh of South Burlington, Quaid of Williston, Randall of Bradford, Richardson of Weathersfield, Rivero of Milton, Rusten of Halifax, Schaefer of Colchester, Schiavone of Shelburne, Seibert of Norwich, Severance of Colchester, Sheltra of Derby, Sherman of St. Johnsbury, Smith of New Haven, Smith of Sudbury, Starr of Troy, Steele of Waterbury, Stevens of Newbury, Suchmann of Chester, Sullivan of Burlington, Sweaney of Windsor, Sweetser of Essex, Symington of Jericho, Tracy of Burlington, Valsangiacomo of Barre City, Vincent of Waterbury, Vinton of Colchester, Waite of Pawlet, Weiss of Northfield, Westman of Cambridge, Wheeler of Burlington, Winters of Williamstown, Wisell of Bristol, Wood of Brandon, Woodward of Johnson, Young of Orwell and Zuckerman of Burlington offered a joint resolution, entitled

Whereas, ever since 1990, when the voters of Montpelier first elected an energetic innkeeper and former social worker to represent them in the General Assembly, Karen Kitzmiller has championed recreational, campaign finance reform and health care initiatives, and

Whereas, concerned that the Vermont tradition of citizen legislators was in grave peril, given that the cost of running for public office has become ever more costly, Representative Kitzmiller was a cosponsor of legislation that became Act No. 28 of the 1997 Biennial Session that introduced public financing to the campaigns for governor and lieutenant governor and limited the costs of legislative races, and

Whereas, disturbed that health care has become unaffordable for thousands of working persons, the elderly and disabled, she has been in the forefront of efforts to make health care a basic right and lower costs to be within the economic means of all Vermonters through her promotion of legislation to lower the costs of prescription drugs and reform the health insurance system, and

Whereas, acutely aware, based on her own heroic fight against breast cancer, that essential treatments of this dread disease are not covered under many health insurance plans, Representative Kitzmiller successfully worked to expand cancer care coverage to include medically necessary chemotherapy treatment, and

Whereas, Representative Kitzmiller has been instrumental in enhancing the quality of life in the city of Montpelier through her role in securing the establishment of the tourist information center and the construction of the beautiful new bike path, and

Whereas, she has always set an independent course, remaining steadfastly loyal to her ideals, and

Whereas, Representative Kitzmiller has been at the forefront of the emerging Women's Legislative Caucus which has brought the bipartisan perspective of women legislators to many issues of great importance, and

Whereas, she has continued her pivotal role in the legislative arena during the 1999 Biennial Session despite an unfortunate necessity to resume chemotherapy treatments to combat a spreading cancer that the members of this legislature, her constituents, and many friends across the country had hoped and prayed was under long-term remission, and

Whereas, Karen Kitzmiller has exhibited a shining example of an indomitable spirit, courage under pressure and a grace and compassion for her fellow legislators which has been an inspiration

Whereas, it is most appropriate that the Women's Legislative Caucus honor Representative Kitzmiller for her many public policy accomplishments and for the inspiring leadership that she has repeatedly shown in the House of Representatives, often at enormous personal sacrifice, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates Representative Karen Kitzmiller of Montpelier on her designation as the Women's Legislative Caucus first Woman Legislator of the Year and wishes her the very best in the months and years ahead, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Representative Karen Kitzmiller.

Which was read and adopted on the part of the House.

Remarks Journalized

On motion of Rep. Mazzariello of Rutland, the following remarks by Rep. Milne of Washington were ordered printed in the Journal:

"Mr. Speaker:

I hope you and the other members will join me in congratulating the Member from Montpelier, Karen Kitzmilier as our first Woman Legislator of the Year. She has been an inspiration to all of us.

Joint Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker's discretion, placed on the Calendar for action tomorrow under Rule 52.

J.R.H. 107

Whereas, in 1968, physicians successfully performed the first bone marrow transplant and blazed a new treatment path for the cure of leukemia, aplastic anemia and other life threatening blood diseases, and

Whereas, while the medical knowledge to perform bone marrow transplants has saved many lives, each potential recipient must be individually matched with a comparable donor, and

Whereas, the United States Postal Service's Springfield District, which includes western Massachusetts and the entire state of Vermont, has generously volunteered to organize and run "Deliver the Gift of Life Campaign" in cooperation with the New England Marrow Donor Program and the Human Leukocyte Antigens Registry, and

Whereas, the Postal Service's coordinator for this lifesaving registration program is Domenic V. Battista, the Springfield District's contracting officer and purchasing specialist, whose young daughter Katelyn was a bone marrow transplant recipient in her unsuccessful battle against leukemia, and

Whereas, under his direction, bone marrow registration drives, which include taking a small sample of a potential donor's blood have been held at post offices throughout Vermont, including Bennington, Bradford, Dorset, Groton, Manchester, Montpelier, Newport, Springfield, St. Albans, St. Johnsbury and White River Junction, and

Whereas, the United States Postal Service's Springfield District is generously assuming the laboratory fees for each donor, and

Whereas, potentially many lives will be saved due to the willingness of Vermonters to be bone marrow donors, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly commends the staff of the Springfield District of the United States Postal Service, the employees at all the Vermont post offices who have participated in this project and, in particular, Domenic V. Battista for their generosity in assisting in the important effort to recruit potential future bone marrow donors, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to each of the U.S. Postmasters or Postmistresses in Bennington, Bradford, Dorset, Groton, Manchester, Montpelier, Newport, Springfield, St. Albans, St. Johnsbury and White River Junction, to Dominic V. Battista at the Springfield, Massachusetts Post Office and to the U.S. Postmaster General in Washington, D.C..

J.R.H. 108

Resolved: That the Secretary of State be directed to send a copy of this resolution to his wife, Denise B. Keefe.

J.R.H. 109

Whereas, Donna E. Evans was a native of Columbus, Indiana and had happily called Vermont home for the last three decades, and

Whereas, after completing her undergraduate degree at Ball State University in Indiana, she commenced her pedagogic career at her hometown high school, and

Whereas, after Donna settled in Vermont in 1968, she continued her work as a teacher, first at Burlington High School, and later at Middlebury High School, and

Whereas, after earning her Master's degree in education from the University of Vermont, she was appointed as the Director of the Human Services Program at the Patricia A. Hannaford Career Center, and

Whereas, recognizing the importance of a solid educational beginning, she started the Addison kindergarten in her own home, and

Whereas, in addition to her professional responsibilities, Donna was an active volunteer and leader in Vermont 4-H, the American Cancer Society and the Champlain Valley Christian Reform Church, and

Whereas, she had served on the Vermont State Republican Committee, and

Whereas, most importantly, her friendship and kindness, as exemplified by her many volunteer commitments, were greatly treasured by her many friends, colleagues and students, and

Whereas, her all-too-early death has left an irreplaceable void, especially with her daughters Edye and Marti, her foster daughter Penny and her husband of 30 years, Richard, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly expresses its condolences to the family and many friends of Donna E. Evans, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Richard Evans in Panton.

J.R.H. 110

Whereas, the North Country Union High School (NCU) Hockey Team completed the 1997-1998 season having averaged more penalty minutes per game than any other high school hockey team in the state, and

Whereas, first year Coach Kevin Morrissey and the team's players began the 1998-1999 season determined to greatly reduce the number of minutes that the NCU hockey team was assessed for misconduct on the ice, and

Whereas, the team diligently and conscientiously pursued this objective throughout the season, and

Whereas, as a result of this concerted effort by all the players, NCU won the 1998-1999 Vermont Hockey League Sportsmanship Award, which is annually awarded to the team that has the lowest overall average number of penalty minutes per game, and

Whereas, the team reduced its average penalty time per game by almost ten minutes, and

Whereas, the NCU players did not have any game disqualification penalties all season and only one 5 minute major penalty, and

Whereas, this positive mental attitude was also reflected in the classroom as six of the team's players were consistently on the honor roll and 2 seniors, Stephen Keysar and Jason Roberts, were recipients of the Kiwanis Hockey Academic Award for maintaining at least a 3.0 grade point average during the first 7 semesters of high school, and

Whereas, the members of the NCU Hockey Team are to be commended for their remarkably improved decorum on the ice as well as for their outstanding academic achievements, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly congratulates the players and Coach Kevin Morrissey of the North Union Country High School Hockey Team on their winning the 1998-1999 Vermont Hockey League Sportsmanship Award, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Coach Kevin Morrissey Athletic Director Gary Giard and Principal Robert McKenney at North Country Union High School and North Country Union School Board Chair, Douglas Spates.

Joint Resolution Referred to Committee

J.R.S. 36

The Speaker placed before the House a joint resolution, entitled

Joint resolution relating to reducing the risks of an accidental nuclear attack;

Whereas, Russia and the United States have nuclear missiles aimed at major cities in both countries, and can launch an attack at any given moment, and

Whereas, large population areas in both Russia and the United States are currently targets and therefore at risk of superfires, toxic smoke and combustion gasses, all of which would result in a death rate approaching 100 percent, and

Whereas, targeted cities have less than 15 minutes to respond, and

Whereas, many countries besides the United States and Russia have major stockpiles of nuclear weapons, and

Whereas, there have been numerous major nuclear weapon accidents in the past, including 66,000 of our U.S. military personnel who were involved in the operational aspects of our nuclear forces who have been removed from their positions because of drug, alcohol and psychiatric problems, and

Whereas, the massive size of the Russian arsenal (more than 6,000 warheads) and the growing problems in their control systems, make that nation the focus of the greatest concern, and, according to the former Russian defense minister, Russia might soon reach the threshold beyond which its rockets and nuclear systems cannot be controlled, and

Whereas, the consequent deaths and injuries would overwhelm the available medical facilities, while transportation, communication and energy networks would suffer complete destruction, and

Whereas, any attack would prompt a response which would initiate an all-out nuclear war, resulting in billions of direct and indirect casualties, and

Whereas, the possibility of intercepting a ballistic missile attack appears to be both improbable and impracticable, and

Whereas, the President and all duly elected leaders have as a primary responsibility the safety and welfare of our people, now therefore be it

That "the potential benefits of comprehensive nuclear disarmament are so attractive relative to the risk of nuclear war that increased attention is warranted to studying and fostering the conditions that would have to be met to make the prohibition of all nuclear weapons desirable and feasible." (The Committee on International Security and Arms Control of the United States National Academy of Sciences, 1997), and be it further

RESOLVED: That the President and Congress of the United States begin at once to reduce the risk of accidental nuclear attack by:

1. taking thousands of strategic weapons off high alert;

2. placing the warheads of the MX missiles in storage as well as the warheads of the four Trident submarines;

3. placing the remaining missiles on low alert;

4. allowing the Russians to verify these actions; and

5. beginning immediately to negotiate the elimination of all nuclear weapons, and understanding that this is the only way to make certain that an accidental or any other nuclear attack never occurs, and be it further

RESOLVED: That the Secretary of State be directed to forward a copy of this joint resolution to the members of the Vermont Congressional Delegation, and to President William J. Clinton.

Which was read, and in the Speaker's discretion treated as a bill and referred to the committee on Government Operations.

Joint Resolution Placed on Calendar

J.R.S. 57

The Speaker placed before the House the following resolution which was read and in the Speaker's discretion, placed on the Calendar for action tomorrow under Rule 52.

Whereas, the Vermont Housing and Finance Agency (VHFA) was established in 1974 to finance and promote affordable, safe and decent housing opportunities for low and moderate income Vermonters, and

Whereas, VHFA obtains its funding through several sources, including the sale of both tax-exempt and taxable bonds, the agency's reserves and the state and federal governments, and

Whereas, VHFA has provided home ownership assistance to over 21,000 Vermonters, and

Whereas, VHFA has financed the construction of 44,168 affordable rental residential units for low and moderate income Vermonters, and

Whereas, VHFA is the federal Department of Housing and Urban Development's contract administrator for 21 Section 8 rental properties for persons with limited financial resources, and

Whereas, VHFA administers the low income housing tax credit program in Vermont and was instrumental in creating Housing Vermont, one of the first nonprofit organizations in the United States to sponsor an equity fund for utilizing housing tax credits, and

Whereas, VHFA has been a primary participant in promoting residential energy conservation through its support of the Vermont Energy Investment Corporation and Energy Rated Homes of Vermont, and

Whereas, the innovative ideas and diligent efforts of the VHFA staff have enabled thousands of Vermonters to live in affordable housing and, in many instances, to become homeowners, a dream that would otherwise never have been fulfilled, now therefore be it

RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES:

That the General Assembly congratulates the Vermont Housing and Finance Agency on its 25th anniversary and for the important contribution that the organization has made to providing housing opportunities for Vermonters.

Joint Resolution Called Up

J.R.H. 28

Rep. Symington of Jericho called up House bill, entitled

Which had been ordered to lie. Thereupon, under the rule, the resolution was ordered placed on the Calendar for action on the next legislative day.

Action on Bill Postponed

S. 144

Senate bill, entitled

An act relating to creating a 20-year statute of limitations for enforcement of municipal land use permits and to providing that noncompliance with or failure to obtain these permits does not create a cloud on title;

Was taken up and pending the reading of the report of the committee on Local Government, on motion of Rep. Freed of Dorset, action on the bill was postponed until the next legislative day.

Joint Resolutions Adopted

Joint resolutions of the following titles were severally taken up and adopted on the part of the House;

J.R.H. 104

J.R.H. 105

Joint resolution congratulating the Wardsboro Fourth of July Street Fair on the occasion of its 50th anniversary.

Rules Suspended; Bill Amended;

Consideration Interrupted by Recess

H. 365

On motion of Rep. Freed of Dorset, the rules were suspended and House bill, entitled

An act relating to the Vermont prescription drug pricing and consumer protection program;

Appearing on the Calendar for notice, was taken up for immediate consideration.

Rep. Poirier of Barre City, for the Committee on Health and Welfare, to which the bill had been referred, reported in favor of its passage when amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE FINDINGS

The General Assembly finds that:

(1) Prescription drug prices charged to Vermonters are excessive in many cases, causing significant harm to the health and financial well-being of our citizens.

(2) Prescription drug manufacturers charge some of their customers steeply discounted prices, but charge individual Vermonters and retail pharmacies prices that are higher even after taking into consideration the manufacturers' costs of research, production and marketing.

(3) Many Vermonters' insurance benefits do not provide adequate, or any, coverage for prescription drugs. Many others are uninsured and cannot afford to purchase prescription drugs.

(4) Aggregate prescription drug prices in the United States are the world's highest.

(5) Prescription drugs represent the fastest growing item in health care.

(6) The U.S. House of Representatives Committee on Government Reform and Oversight Report: Prescription Drug Pricing in Vermont: Drug Companies Profit at the Expense of Older Americans finds that: "drug companies are engaged in a form of discriminatory pricing that victimizes those who are least able to afford it. Large corporate and institutional customers with market power are able to buy their drugs at discounted prices. Drug companies then raise prices for sales to seniors and others who pay for drugs themselves to compensate for these discounts to their favored customers."

(7) Vermonters who do not have prescription drug coverage pay significantly more for prescription drugs than do some of the drug companies' other customers.

(8) Reducing the price of prescription drugs would benefit the health and well-being of all Vermonters by providing more affordable access to needed drugs, by lowering the cost of insurance for individual Vermonters, employers and others who purchase or provide health care coverage, and by lowering the cost of state-supported prescription drug purchasing programs, thereby allowing expansion of these programs to cover more Vermonters without added expenditure.

Sec. 2. PRESCRIPTION DRUG COST STUDY

(a) The legislative health access oversight committee shall report to the general assembly on or before January 1, 2000 with its analysis and recommendations for enabling the citizens of Vermont to purchase necessary prescription drugs at the lowest possible price.

(b) The report shall analyze the effectiveness of a range of options for achieving these goals, including:

(1) a proposal for a regulatory structure to set maximum prices;

(2) a proposal to authorize a prescription drug purchasing pool to lower prices by increasing the negotiating power of Vermont consumers; and

(3) any other economically and legally credible options for achieving the purposes of this act.

(c) The attorney general's office, the department of social welfare, the department of banking, insurance, securities and health care administration, the department of public service, the public service board, the joint fiscal office and any other agency or instrumentality of the state shall provide such economic, legal and technical assistance as the committee determines is necessary to carry out the purposes of this section.

(d) The committee is authorized to contract for economic, legal and other expertise to assist the committee in its work under this section. Notwithstanding any other provision of law, all or a portion of the monies appropriated to the committee pursuant to Sec. 105 of Act No. 1 of the 1999 General Assembly may be used to carry out the purposes of this act.

(e) At the written request of the committee, any prescription drug manufacturer, any person engaged in a prescription drug business, and any health care facility, health care provider, and health care insurer as defined by 18 V.S.A. § 9402(5), (6), and (7) shall provide to the committee such information as the committee determines is necessary to carry out the purposes of this section; provided that the committee may direct that proprietary information shall be kept by the department of banking, insurance, securities and health care administration under seal and shall not be disclosed to any other person except in a manner that does not identify the proprietary nature of the information.

The bill, having appeared on the Calendar for notice, was taken up and read the second time.

Pending the question, Shall the bill be amended as recommended by the committee on Health and Welfare? Rep. Freed of Dorset, requested that the question be divided and that Sec. 2(e) be voted on first.

Pending the question, Shall the House amend the bill as recommended by the committee on Health and Welfare in Sec. 2 (e)? Rep. Steele of Waterbury, moved to amend the recommendation of amendment offered by the committee on Health and Welfare in Sec. 2(e), as follows:

In Sec. 2 (e), in the first sentence, by striking the word "may" and inserting in lieu thereof the word shall

Which was agreed to.

The recurring question, Shall the House amend the bill as recommended by the committee on Health and Welfare in Sec. 2 (e), as amended? was disagreed to.

The recurring question, Shall the bill be amended as recommended by the committee on Health an Welfare in Sec. 1 and Sec. 3 (a), (b), (c) and (d)?, was agreed to.

Recess

At eleven o'clock and thirty minutes in the forenoon, the Speaker declared a recess until three o'clock in the afternoon.

Afternoon

At three o'clock in the afternoon, the Speaker called the House to order.

Consideration Resumed; Bill Amended

and Third Reading Ordered

H. 365

House bill, entitled

An act relating to the Vermont prescription drug pricing and consumer protection program;

Consideration resumed. Pending third reading of the bill, Rep. Poirier of Barre City moved to amend the bill as follows:

Which was agreed to and third reading ordered.

Recess

At three o'clock and fifteen minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At four o'clock and forty-five minutes in the afternoon, the Speaker called the House to order.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Kate O'Connor, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the fourth day of May, 1999, he approved and signed a bill originating in the House of the following title:

H. 83 An act relating to review of administrative rules.

Message from the Senate

Mr. Speaker:

I am directed to inform the House that the Senate has considered a bill originating in the House of the following title:

H. 554. An act relating to making appropriations for the support of government.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Kate O'Connor, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the fifth day of May, 1999, he approved and signed bills originating in the House of the following titles:

H. 544 An act relating to transfers of balances of appropriations;

H. 555 An act relating to City of Barre charter.

Rules Suspended; Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

and Messaged to Senate Forthwith

H. 554

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Tracy of Burlington, the rules were suspended and House bill, entitled

An act making appropriations for the support of government;

1: In Sec. 9, page 5, line 18, by striking out the figure "602,088" and inserting in lieu thereof the figure 662,088 and on line 21, by striking out the figure "656,368" and inserting in lieu thereof the figure 716,368 and on page 6, line 2, by striking out the figure "520,216" and inserting in lieu thereof the figure 580,216 and on line 6, by striking out the figure "656,368" and inserting in lieu thereof the figure 716,368

2: In Sec. 14, page 9, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

3: On page 16, by striking out Sec. 29 in its entirety and inserting in lieu thereof a new Sec. 29 to read as follows:

Sec. 29. APPROPRIATIONS; REDUCTION

4: On page 17, after line 10, by adding a new section to be numbered Sec. 30a to read as follows:

Sec. 30a. CURRENT USE ALLOCATION ADJUSTMENT

5: In Sec. 35, page 19, subsection (a), line 16, by striking out the words "full-time" and inserting in lieu thereof the word: new

6: In Sec. 39, page 21, lines 7 and 14, by striking out the figure "1,245,653" and inserting in lieu thereof the figure 1,260,653 and on line 3, by striking out the figure "207,347" and inserting in lieu thereof the figure 222,347 and on line 9, by striking out the figure "956,056" and inserting in lieu thereof the figure 971,056

7: In Sec. 44, page 23, line 19, by striking out the figure "4,066,728" and inserting in lieu thereof the figure 3,891,728 and on line 2, by striking out the figure "3,268,628" and inserting in lieu thereof the figure 3,093,628 and on line 5, by striking out the figure "4,066,728" and inserting in lieu thereof the figure 3,891,728

8: On page 24, after line 8, by adding a new section to be numbered Sec. 44a to read as follows:

Sec. 41. Legislature

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

9: In Sec. 48, page 26, lines 7 and 9, by striking out the figure "1,633,832" and inserting in lieu thereof the figure 1,623,832 and on line 4, by striking out the figure "966,410" and inserting in lieu thereof the figure 931,410 and on line 5, by striking out the figure "667,422" and inserting in lieu thereof the figure 692,422 and by striking out subsection (a) at the end of this section in its entirety

10: On page 26a, by striking out Sec. 48a in its entirety

11: On page 26, after line 17, by adding a new section to be numbered Sec. 50a to read as follows:

Sec. 50a. State Payment In Lieu Of Property Taxes

12: In Sec. 51, page 27, lines 1 and 12, by striking out the figure "80,065,338" and inserting in lieu thereof the figure 81,525,338 and on line 3, by striking out the figure "36,810,301" and inserting in lieu thereof the figure 37,995,301 and on line 6, by striking out the figure "12,792,981" and inserting in lieu thereof the figure 13,042,981 and on line 7, by striking out the figure "1,695,904" and inserting in lieu thereof the figure 1,720,904

13: In Sec. 52, page 27, line 16, by striking out the figure "408,200" and inserting in lieu thereof the figure 458,200 and on line 18, by striking out the figure "4,012,334" and inserting in lieu thereof the figure 4,062,334 and on line 20, by striking out the figure "2,020,089" and inserting in lieu thereof the figure 2,260,089 and on page 28, line 2, by striking out the figure "452,706" and inserting in lieu thereof the figure 612,706 and on line 3, by striking out the figure "350,000" and inserting in lieu thereof the figure 0 and on line 6, by striking out the figure "4,012,334" and inserting in lieu thereof the figure 4,062,334

14: In Sec. 53, page 28, line 16, by striking out the figure "796,967" and inserting in lieu thereof the figure 821,967

15: In Sec. 55, page 30, lines 5 and 13, by striking out the figure "6,505,350" and inserting in lieu thereof the figure 6,540,350 and on line 2, by striking out the figure "5,811,810" and inserting in lieu thereof the figure 5,846,810 and on line 7, by striking out the figure "4,616,739" and inserting in lieu thereof the figure 4,651,739 and on line 9, by striking out the figure "333,827" and inserting in lieu thereof the figure 216,827 and on line 10, by striking out the figure "143,004" and inserting in lieu thereof the figure 91,004 and on line 11, by striking out the figure "997,182" and inserting in lieu thereof the figure 1,166,182 and by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

16: By adding two new sections to be numbered Secs. 56a and 56b to read as follows:

Sec. 56a. 32 V.S.A. § 1591(2)(A) is amended to read:

(A) For necessary assistance in arresting or transporting prisoners, juveniles or mental patients the sum of *[$9.50]* $11.00 per hour for each deputy sheriff or assistant so required if the sheriff or constable makes oath that the deputy sheriff, assistant or assistants were required giving the name of the assistant or assistants if there were more than one; provided, however, a full-time law enforcement officer shall not receive compensation under this subsection if otherwise compensated for the hours during which such transportation is performed. In addition to the rate established in this section, the sheriffs' department shall be reimbursed for the costs of the employers' contribution to social security and workers' compensation insurance attributable to services provided under this section. Reimbursement shall be calculated on an hourly basis; the sheriff's department shall also be reimbursed for the costs of employer contributions for unemployment compensation, when a claim is filed and the percentage owed from the sheriff's department to the state can be accounted for under this section;

Sec. 56b. SHERIFFS' COMPENSATION; REPORT

The department of state's attorneys shall review the statutory schedule for sheriffs' compensation and determine whether the compensation for sheriffs' is equitable. The department shall report its findings, together with its recommendation for an equitable compensation schedule for sheriffs, to the general assembly on or before January 15, 2000.

17: In Sec. 60, page 32, line 21, by striking out the figure "286,909" and inserting in lieu thereof the figure 336,909 and on page 33, line 1, by striking out the figure "200,000" and inserting in lieu thereof the figure 30,000 and on lines 3 and 8, by striking out the figure "1,034,736" and inserting in lieu thereof the figure 914,736 and on line 5, by striking out the figure "994,111" and inserting in lieu thereof the figure 874,111 and by striking out subsections (a) and (b) in their entirety and inserting in lieu thereof a new subsection (a) to read as follows:

18: In Sec. 63, page 36a, by striking out subsection (a) in its entirety

19: In Sec. 66, page 37, line 18, by striking out the figure "92,498" and inserting in lieu thereof the figure 142,498 and on line 20, by striking out the figure "577,797" and inserting in lieu thereof the figure 627,497 and on page 38, line 2, by striking out the figure "577,497" and inserting in lieu thereof the figure 627,497

20: In Sec, 67, page 38, line 9, by striking out the figure "673,773" and inserting in lieu thereof the figure 723,773 and on line 11, by striking out the figure "3,602,251" and inserting in lieu thereof the figure 3,552,251 and by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

21: In Sec. 69, page 39, line 14, by striking out the figure "1,340,163" and inserting in lieu thereof the figure 1,040,163 and on line 15, by striking out the figure "309,657" and inserting in lieu thereof the figure 359,657 and on line 17, by striking out the figure "1,649,820" and inserting in lieu thereof the figure 1,399,820 and on page 40, line 3, by striking out the figure "300,000" and inserting in lieu thereof the figure 0 and on line 4, by striking out the figure "1,272,932" and inserting in lieu thereof the figure 1,322,932 and on line 7, by striking out the figure "1,649,820" and inserting in lieu thereof the figure 1,399,820 and by striking out subsection (a) in its entirety

22: In Sec. 72, page 42, subsection (b), line 2, by striking out the words "full-time" and inserting in lieu thereof the word: new

23: In Sec. 80, page 45, line 14, by striking out the figure "4,711,366" and inserting in lieu thereof the figure 4,887,366 and on line 18, by striking out the figure "28,620,177" and inserting in lieu thereof the figure 28,796,177 and on page 46, line 2, by striking out the figure "6,187,436" and inserting in lieu thereof the figure 6,363,436 and on line 8, by striking out the figure "28,620,177" and inserting in lieu thereof the figure 28,796,177

24: In Sec. 81, page 46, line 16, by striking out the figure "4,264,802" and inserting in lieu thereof the figure 4,219,802 and on line 20, by striking out the figure "8,096,227" and inserting in lieu thereof the figure 8,051,227 and on page 47, line 3, by striking out the figure "2,903,659" and inserting in lieu thereof the figure 2,803,659 and on line 5, by striking out the figure "1,734,081" and inserting in lieu thereof the figure 1,789,081 and on line 8, by striking out the figure "8,096,227" and inserting in lieu thereof the figure 8,051,227 and by striking out subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

and in subsection (d), line 15, by striking out the words "special fund" and by striking out subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:

(f) Of the above appropriation, $25,000 shall be used to provide clerical assistance to any state police office providing no dispatch services and recording over 5,000 incidents per year. The dispatch services at the Vermont State Police Shaftsbury field station shall not be consolidated with other dispatch services in another location in the state until the essential nondispatch services currently being provided by the dispatchers at the Shaftsbury field station are replaced.

25: In Sec. 83, page 48, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

26: In Sec. 88, page 51, lines 17 and 19, by striking out the figure "175,000" and inserting in lieu thereof the figure 100,000

27: In Sec. 92, page 53, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

28: In Sec. 94, page 55, after line 7, by adding a new subsection (a) to read as follows:

29: In Sec. 95, page 55, lines 12 and 18, by striking out the figure "331,830" and inserting in lieu thereof the figure 271,830 and on line 9, by striking out the figure "304,874" and inserting in lieu thereof the figure 244,874 and on line 14, by striking out the figure "286,341" and inserting in lieu thereof the figure 226,341 and by striking out subsections (a) and (b) in their entirety

30: In Sec. 98, page 57, lines 5 and 16, by striking out the figure "127,639,834" and inserting in lieu thereof the figure 127,385,834 and on line 8, by striking out the figure "43,279,943" and inserting in lieu thereof the figure 43,560,943 and on line 9, by striking out the figure "26,593,767" and inserting in lieu thereof the figure 26,493,767 and on line 10, by striking out the figure "17,669,150" and inserting in lieu thereof the figure 17,552,150 and on line 11, by striking out the figure "30,814,592" and inserting in lieu thereof the figure 30,927,592 and on line 12, by striking out the figure "650,000" and inserting in lieu thereof the figure 0 and on line 13, by striking out the figure "3,383,205" and inserting in lieu thereof the figure 3,433,205

31: In Sec. 99, page 57, line 19, by striking out the figure "2,825,410" and inserting in lieu thereof the figure 2,789,655 and on line 21, by striking out the figure "5,552,448" and inserting in lieu thereof the figure 5,612,448 and on page 58, lines 2 and 8, by striking out the figure "9,322,255" and inserting in lieu thereof the figure 9,346,500 and on line 6, by striking out the figure "716,381" and inserting in lieu thereof the figure 740,626

32: In Sec. 103, page 61a, by striking out subsections (c), (d) and (e) in their entirety

33: In Sec. 105, page 62, line 17, by striking out the figure "16,991,365" and inserting in lieu thereof the figure 18,541,365 and on line 20, by striking out the figure "58,786,729" and inserting in lieu thereof the figure 60,336,729 and on page 63, line 2, by striking out the figure "56,184,246" and inserting in lieu thereof the figure 57,734,246 and on line 8, by striking out the figure "58,786,729" and inserting in lieu thereof the figure 60,336,729 and in subsection (a), line 10, by striking out the words "four (4)" and inserting in lieu thereof the words: three (3)

34: In Sec. 107, page 65a, by striking out subsection (b) in its entirety

35: In Sec. 114, page 70, line 16, by striking out the figure "5,971"098" and inserting in lieu thereof the figure 5,601,682 and on line 19, by striking out the figure "10,093,409" and inserting in lieu thereof the figure 9,723,993 and on page 71, line 2, by striking out the figure "2,313,607" and inserting in lieu thereof the figure 2,063,607 and on line 4, by striking out the figure "911,266" and inserting in lieu thereof the figure 411,266 and on line 5, by striking out the figure "930,000" and inserting in lieu thereof the figure 1,310,584 and on line 8, by striking out the figure "10,093,409" and inserting in lieu thereof the figure 9,723,993

36: In Sec. 117, page 75, lines 6 and 12, by striking out the figure "42,327,551" and inserting in lieu thereof the figure 42,503,296 and on line 2, by striking out the figure "24,581,992" and inserting in lieu thereof the figure 24,641,992 and on line 4, by striking out the figure "5,249,538" and inserting in lieu thereof the figure 5,365,283 and on line 8, by striking out the figure "13,288,825" and inserting in lieu thereof the figure 12,791,609 and on line 9, by striking out the figure "25,432,365" and inserting in lieu thereof the figure 25,462,365 and on line 10, by striking out the figure "3,606,361" and inserting in lieu thereof the figure 3,636,361 and after line 10, by adding a new line to be numbered 10a to read as follows:

and by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

37: In Sec. 118, page 76, lines 3 and 9, by striking out the figure " 44,601,324" and inserting in lieu thereof the figure 43,531,324 and on line 6, by striking out the figure "26,183,425" and inserting in lieu thereof the figure 25,113,425 and after line 15, by adding a new subsection (b) to read as follows:

38: On page 76, at the end of Sec. 118, by adding a new section to be numbered Sec. 118a to read as follows:

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.

39: In Sec. 119, page 78, subdivision (3), lines 6 and 7, by striking out the words "job search for 40 hours per week, or any combination of these three activities," and inserting in lieu thereof the following:

40: In Sec. 120, pages 78 and 79, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

41: In Sec. 121, page 79, lines 11 and 18, by striking out the figure "335,187,690" and inserting in lieu thereof the figure 341,579,193 and on line 13, by striking out the figure "78,393,669" and inserting in lieu thereof the figure 69,039,380 and on line 14, by striking out the figure "208,122,029" and inserting in lieu thereof the figure 212,340,524 and on line 15, by striking out the figure "37,708,792" and inserting in lieu thereof the figure 40,969,865 and on line 16, by striking out the figure "10,963,200" and inserting in lieu thereof the figure 19,229,424 and on page 81 and 81a, by striking out subsections (d) and (e) in their entirety and inserting in lieu thereof five new subsections to be lettered subsections (d), (e), (f), (g), and (h) to read as follows:

42: On pages 81 through 85, by striking out Secs. 122, 123, 123a and 124 in their entirety and inserting in lieu thereof six new sections to be numbered Secs. 122, 123, 123a, 123b, 123c, and 123d to read as follows:

Sec. 122. 18 V.S.A. § 251(3) is amended to read:

For purposes of this chapter:

* * *

(3) "Drug" means a drug that may not be dispensed unless prescribed by a *[licensed physician]* health care provider as defined by section 9402(6) of this title acting within the scope of the provider's license. A drug shall always be the lowest cost brand available to the pharmacist unless the *[physician]* health care provider writing the prescription specifies otherwise. The term includes insulin, an insulin syringe and an insulin needle. The term excludes:

(A) a drug determined less than effective under the federal Food, Drug and Cosmetics Act;

(B) a drug within therapeutic classifications primarily associated with the treatment of acute medical conditions; and

(C) a central nervous system agent other than:

(i) agents used for treatment of convulsive disorders;

(ii) non-steroidal anti-inflammatory agents for arthritis; and

(iii) agents used primarily for control of psychotic conditions diagnosed under current classifications of the Diagnostic Statistical Manual.

Sec. 123. 18 V.S.A. § 252 is amended to read:

§ 252. PHARMACEUTICAL ASSISTANCE TO ELDERLY AND DISABLED VERMONTERS; PROGRAM ESTABLISHED

(a) A pharmaceutical assistance program for elderly and disabled Vermonters is established within the department of social welfare. The program shall be administered by the department which, to the extent funding permits, shall establish application, eligibility, coverage and payment standards. The program shall be designed to provide maximum access to program participants, to incorporate mechanisms that are easily understood and require minimum effort for applicants and *[pharmacies]* health care providers, and to promote quality, efficiency and effectiveness through cost controls and utilization review. The department may contract with a fiscal agent for the purpose of processing claims and performing related functions required in the administration of this program. Upon determining that an applicant is eligible under this chapter, the department shall issue an identification *[form]* card to the applicant indicating that he or she is eligible to participate in the pharmaceutical assistance program.

(b) The department of aging and disabilities shall conduct an education and outreach program to inform elderly and disabled Vermonters of the benefits they may be entitled to pursuant to this chapter and make available information concerning the pharmaceutical assistance program.

*[(d)]* (c) The department shall adopt by rule standards and criteria needed to carry out the purposes of this chapter, including standards and schedules establishing coverage and exclusion of allowable drugs, allowable charges and maximum quantities of drugs to be dispensed.

(d) The department shall report on the status of the pharmaceutical assistance program established by this chapter to the health access oversight committee in accordance with Sec. 13(e) of the Act No. 14 of the Acts and Resolves of the 1995 Session of the general assembly, as amended.

(e) Any manufacturer of prescription drugs purchased by persons receiving assistance under this chapter shall pay to the commissioner, as a condition of participation in the program, a rebate in an amount at least as favorable as the rebate paid to the commissioner in connection with the Medicaid program.

Sec. 123a. 18 V.S.A. § 253 is amended to read:

§ 253. ELIGIBILITY

(a)(1) A person shall be eligible for assistance under this chapter if:

(2) A person shall be eligible for assistance with prescription drug expenses covered under this chapter upon payment of the cost sharing amount required by section 254 of this title.

*[(c)]*(b) A person whose prescription drug expenses are paid or reimbursable, either in whole or in part, by any plan of assistance or insurance, other than Title XVIII of the Social Security Act (Medicare), shall not be eligible for pharmaceutical assistance under this chapter. No assistance shall be provided under this chapter with respect to an individual drug purchase that may be covered in whole or in part by Title XVIII of the Social Security Act (Medicare).

Sec. 123b. 18 V.S.A. § 254 is amended to read:

§ 254. CO-PAYMENT; COINSURANCE AND OTHER COST-SHARING; ENROLLMENT

(a) Benefits under this chapter shall be subject to payment of a co-payment or coinsurance amount by the recipient*[.]* in accordance with the provisions of this section:

(1) In the case of recipients with income of less than 176 percent of the federal poverty level, such co-payment shall be the same co-payment requirements that exist under the pharmaceutical benefits component of the Vermont health access plan under Act No. 14, Sec. 14(a)(6) of the Acts and Resolves of the 1995 Session of the general assembly, as amended.

(2) In the case of recipients whose household income is 176 percent of the federal poverty level or more and less than 200 percent of the federal poverty level the coinsurance payment shall be 50 percent of the cost of the drug.

*[(b) Prior to the beginning of each fiscal year, the department shall establish, by rule, the percentage of the charge for a drug to be paid as a co-payment by eligible recipients. The percentage adopted under this section shall be reasonably calculated to insure that the state's obligation to provide benefits under this chapter shall not exceed funds appropriated for the program.]* *[(c)]* (b) A pharmacy shall dispense a drug to an eligible recipient upon payment of the required co-payment or coinsurance amount. The pharmacy shall collect the remainder of the charge for the drug from the department. *[(d)]* (c) A drug may also be dispensed to an eligible recipient, subject to the required co-payment or coinsurance amount, provided such dispensing is pursuant to and in accordance with any contractual arrangement that the department may enter into or approve for the group discount purchase of drugs. When a person or business located in Vermont and employing citizens of this state has submitted a bid for the group discount purchase of drugs and has not been selected, the commissioner of social welfare shall record the reason for nonselection. The commissioner's report shall be a public record available to any interested person. All bids or quotations shall be kept on file in the commissioner's office and open to public inspection. *[(e)]*(d) *[If in the course of a fiscal year the department determines that expenditures will exceed funds appropriated the department shall, by emergency rule, increase the co-payment to an amount sufficient to insure that expenditures will not exceed appropriations within that fiscal year.]* The department shall monitor enrollment in the in the pharmaceutical assistance program on a monthly basis, and shall limit enrollment in the program so that expenditures do not exceed the appropriation available for the program in any fiscal year.

Sec. 123c. REPEAL

Sec. 5 of Act No. 48 of 1989 (annual report) is repealed.

Sec. 123d. RECODIFICATION

43: In Sec. 125, page 85, by striking out the last sentence on lines 14 and 15 in its entirety and inserting in lieu thereof a new sentence to read as follows:

44: On pages 85 through 87, by striking out Secs. 126, 127 and 128 in their entirety and inserting in lieu thereof five new sections to be numbered Secs. 126, 127, 128, 128a and 128b to read as follows:

Sec. 126. 16 V.S.A. § 2959a is added to read:

§2959a EDUCATION MEDICAID RECEIPTS

(a) It is the intent of the general assembly that the state of Vermont shall maximize its receipt of federal Medicaid dollars available for reimbursement of medically-related services provided to students who are Medicaid eligible. It is further the intent that:

(1) Each supervisory union identify special education and other students eligible for Medicaid reimbursement and, to the extent possible, submit Medicaid bills for services reimbursement.

(2) The department of education and the agency of human services work with local school districts to maximize reimbursements including services to non-IEP students.

(b) A Medicaid reimbursement administrative special fund is established within the department of education. Eleven percent of the Medicaid reimbursement funds shall be deposited into the fund. The funds shall be used for agency of human services and department of education administrative costs related to the collection, processing and reporting of education Medicaid reimbursements and statewide programs identified and approved by the commissioner of education with the advice of the secretary of human services. The commissioner shall expend monies from the fund only as appropriated by the general assembly.

(c) At least annually, the commissioner of education shall pay to each supervisory union submitting Medicaid bills under this section, 50% of the reimbursed funds generated by the supervisory union's bill, excluding claims generated by state-placed students. The supervisory union shall distribute the funds to its member school districts based on how the funds were generated unless the supervisory union board has agreed to a different distribution. The Commissioner of Education may withhold payment under this section if he or she determines that the supervisory union has not provided data necessary for receiving reimbursement for state placed students.

(d) If the amount of Medicaid reimbursement funds received in one fiscal year exceeds $24,000,000, in addition to the 50% of said funds paid to supervisory unions submitting Medicaid bills, 25% of the amounts in excess of $24,000,000 shall be paid into an incentive fund hereby created in the department of education. These funds shall be used for an incentive payment to supervisory unions with student participation rates of over 80% in accordance with a formula to be developed by the Department of Education, in consultation with the Vermont Superintendents Association.

(e) School districts shall utilize funds received under this section for prevention and intervention programs in grades pre-K through 12. The programs shall be designed to ensure all students achieve rigorous and challenging standards adopted in the Vermont framework of standards and learning opportunities or locally adopted standards. A school district shall provide an annual written justification to the commissioner of education of the use of the funds. Such annual submission shall show how the funds' use is expressly linked to those provisions of the school district's action plan that directly relate to improving student performance.

(f) Remaining reimbursed funds shall be deposited into the education fund.

Sec. 127. 16 V.S.A. § 4025(a)(12) is added to read:

(12) Medicaid reimbursement funds pursuant to subsection 2959a(f) of this title.

Sec. 128. REPEAL

(a) Sec. 14 of No. 155 of the Acts of 1998 (Medicaid reimbursement special fund) is repealed.

(b) 16 V.S.A. §2959a(c), (d) and (e) are repealed on June 30, 2001.

Sec. 128a. REPORTS

Sec. 128b. Sec. 122(f) of No 71 of the Acts of 1998 is amended to read:

45: In Sec. 129, page 87, in subsection (a) on line 21, after the words "July 1, 1998" by adding the following: , with the following modification. The regulation adopted effective July 1, 1998, shall be modified by deleting the requirement that families in rental housing have received from their landlord a notice of rental termination under 9 V.S.A. §4467(a) and substituting in its place the requirement that families in rental housing shall have received from their landlord a notarized statement indicating the amount of rent owed as of the date of the statement.

46: In Sec. 133, page 92, by striking out subdivision (3) in its entirety

and by striking out subdivision (5) in its entirety and inserting in lieu thereof a new subdivision (5) to read as follows:

and on page 93, subdivision (6), line 2, by striking out the figure "$450" and inserting in lieu thereof the figure $500

and by striking out subdivision (7) in its entirety and inserting in lieu thereof a new subdivision (7) to read as follows:

and after line 10, by adding two new subdivisions to be numbered subdivisions (11) and (12) to read as follows:

and by re-numbering the subdivisions to be numerically correct

and by striking out subsection (b) on pages 93 and 94 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

47: In Sec. 135, page 96, subsection (b), line 4, by striking out the words "remain at" and insert in lieu thereof the words: not fall below

48: In Sec. 138, page 97, line 18, by striking out the figure "40,643,240" and inserting in lieu thereof the figure 40,213,740 and on line 20, by striking out the figure "54,688,176" and inserting in lieu thereof the figure 54,258,676 and on page 98, line 2, by striking out the figure "21,230,140" and inserting in lieu thereof the figure 20,724,569 and on line 3, by striking out the figure "32,543,573" and inserting in lieu thereof the figure 32,619,644 and on line 6, by striking out the figure "54,688,176" and by inserting in lieu thereof the figure 54,258,676 and by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

and in subsection (c), by striking out lines 18 and 19 in their entirety and inserting in lieu thereof the words: rehabilitation services.

49: In Sec. 140, page 100, lines 7 and 14, by striking out the figure "23,673,281" and inserting in lieu thereof the figure 25,390,430 and on line 5, by striking out the figure "22,298,206" and inserting in lieu thereof the figure 24,015,355 and on line 9, by striking out the figure "4,412,579" and inserting in lieu thereof the figure 7,911,232 and on line 11, by striking out the figure "338,685" and inserting in lieu thereof the figure 832,000 and on line 12, by striking out the figure "18,847,017" and inserting in lieu thereof the figure 16,572,198 and on page 101, after line 9, by adding two new subsections to be lettered subsections (d) and (e) to read as follows:

50: In Sec. 142, page 102, lines 11 and 18, by striking out the figure "52,398,509" and inserting in lieu thereof the figure 54,471,803 and on line 8, by striking out the figure "50,721,154" and inserting in lieu thereof the figure 52,794,448 and on line 13, by striking out the figure "19,270,695" and inserting in lieu thereof the figure 20,055,022 and on line 14, by striking out the figure "29,385,682" and inserting in lieu thereof the figure 30,674,649

51: In Sec. 146, page 106, lines 10 and 17, by striking out the figure "4,574,834" and inserting in lieu thereof the figure 4,591,334 and on line 12, by striking out the figure "1,381,945" and inserting in lieu thereof the figure 1,398,445 and after line 17, by adding a new subsection (a) to read as follows:

52: In Sec. 148, page 107, lines 9 and 17, by striking out the figure "9,255,349" and inserting in lieu thereof the figure 8,830,349 and on line 11, by striking out the figure "3,046,264" and inserting in lieu thereof the figure 2,621,264 and in subsection (a), by striking out line 18 in its entirety and inserting in lieu thereof the following:

53: In Sec. 148 by inserting two new subsections (b) and (c) to read as follows:

54: In Sec. 156, page 111, lines 8 and 19, by striking out the figure "853,460,416" and inserting in lieu thereof the figure 864,350,019 and on line 10, by striking out the figure "288,580,187" and inserting in lieu thereof the figure 284,632,674 and on line 12, by striking out the figure "472,447,565" and inserting in lieu thereof the figure 474,716,279 and on line 13, by striking out the figure "72,279,025" and inserting in lieu thereof the figure 75,587,658 and on line 14, by striking out the figure "11,893,200" and inserting in lieu thereof the figure 21,152,969

55: In Sec. 157, page 112, lines 6 and 13, by striking out the figure "30,505,100" and inserting in lieu thereof the figure 30,605,100 and on line 3, by striking out the figure "8,945,700" and inserting in lieu thereof the figure 9,045,700 and on line 8, by striking out the figure "402,160" and inserting in lieu thereof the figure 502,160

56: In Sec. 158, page 112, line 15, by striking out the figure "2,541,569" and inserting in lieu thereof the figure 2,576,569 and on line 19, by striking out the figure "6,987,726" and inserting in lieu thereof the figure 7,022,726 and on page 113, after line 4, by adding a new line to be numbered 4a to read as follows:

and on line 6, by striking out the figure "6,987,726" and inserting in lieu thereof the figure 7,022,726 and by striking out subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

57: On page 113, after line 14, by adding a new section to be numbered Sec. 158a to read as follows:

Sec. 158a. CIVIC EDUCATION

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

(b) The amount of $17,000.00 in general funds are appropriated to the commissioner of education to be used as follows:

(1) $8,000.00 is used for administration of the program including reimbursement to participating schools for curricular materials and training and delivery of the program "We the People . . . The Citizen and the Constitution", and

(2) $2,500.00 is to be awarded to the school that wins the state "We the People . . . The Citizen and the Constitution" competition to be used for travel and participation in national competition.

(3) $1,500.00 is to be awarded equally to the three Vermont finalist schools in the state "We the People . . . The Citizen and the Constitution" competition.

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

58: By adding a new section to be numbered Sec. 158b to read as follows:

Sec. 158b. 16 V.S.A. §563(8) is amended to read:

The school board of a school district, in addition to other duties and authority specifically assigned by law:

* * *

(8) Shall establish and maintain an adequate system of financial disbursement, accounting, control and reporting procedures that ensures that all payments are lawful and in accordance with a budget adopted or amended by the school board. The school board may authorize a subcommittee, the superintendent of schools, or a designated employee of the school board to examine claims against the district for school expenses and draw orders for such as shall be allowed by it payable to the party entitled thereto. Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments. It shall be lawful for a school board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chairman, or a majority of the board, showing to whom, and for what purpose each payment is to be made by the treasurer, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved.

* * *

59: In Sec. 159, page 113, line 16, by striking out the figure "3,111,475" and inserting in lieu thereof the figure 3,311,475 and on line 18, by striking out the figure "16,037,096" and inserting in lieu thereof the figure 16,057,096 and on line 20, by striking out the figure "20,303,371" and inserting in lieu thereof the figure 20,523,371 and on page 114, line 2, by striking out the figure "4,849,219" and inserting in lieu thereof the figure 5,069,219 and on line 8, by striking out the figure "20,303,371" and inserting in lieu thereof the figure 20,523,371

60: On page 114, after line 13, by adding three new sections to be numbered Secs. 159a, 159b and 159c to read as follows:

Sec. 159a. 16 V.S.A. § 164(5) is amended to read:

(5) Make regulations governing the licensing and qualification of all public school teachers, administrators, and other school personnel who are subject to licensing as determined by the state board*[, and]* ; for the recognition of teacher or administrator licenses issued by other states which will qualify a person to teach or administer in this state, provided such other state shall recognize by substantially reciprocal regulations or laws, licenses issued by this state; and for the automatic renewal of licenses and endorsements held by teachers who maintain national board certification through the National Board for Professional Teaching Standards. A license may be revoked for cause by the state board.

Sec. 159b. 16 V.S.A. § 1697(c) is added to read:

(c) Renewal of a license by an educator who maintains national board certification through the National Board for Professional Teaching Standards shall not be subject to a fee.

Sec. 159c. APPROPRIATION

The amount of $20,000.00 is appropriated to the commissioner of education, in section 159 of this act, for the purpose of paying $1,000.00 to the Vermont World Class Teaching Project for a subsidy for each of 20 teachers who are candidates for certification of advanced teaching proficiency from the National Board for Professional Teaching Standards. If more than 20 teachers are eligible, the commissioner shall hold a nondiscriminatory lottery to determine which teachers shall receive the subsidy.

61: In Sec. 160, page 114, line 15, by striking out the figure "2,520,049" and inserting in lieu thereof the figure 2,580,049 and on line 19, by striking out the figure "52,831,997" and inserting in lieu thereof the figure 52,891,997 and on page 115, line 3, by striking out the figure "50,510,610" and inserting in lieu thereof the figure 50,540,610 and on line 4, by striking out the figure "329,800" and inserting in lieu thereof the figure 359,800 and on line 7, by striking out the figure "52,831,997" and inserting in lieu thereof the figure 52,891,997

62: In Sec. 162, page 116, lines 13 and 18, by striking out the figure "3,047,664" and inserting in lieu thereof the figure 3,147,664 and on line 15, by striking out the figure "2,319,927" and inserting in lieu thereof the figure 2,419,927

63: In Sec. 164, page 118, subsection (a), line 3, by striking out the figure "$240,600,000.00" and inserting in lieu thereof the figure $231,099,412.00

64: On page 118, after line 9, by adding a new section to be numbered Sec. 164a to read as follows:

Sec. 164a. ONE TIME FUND TRANSFER

65: In Sec. 165, page 118, lines 11 and 13, by striking out the figure "1,022,209" and inserting in lieu thereof the figure 4,122,209

66: In Sec. 166, page 118, lines 15 and 17, by striking out the figure "47,141,971" and inserting in lieu thereof the figure 46,838,371

67: In Sec. 168, page 120, lines 2 and 4, by striking out the figure "7,565,403" and inserting in lieu thereof the figure 8,000,000

68: On page 120, after line 4, by adding a new section to be numbered Sec. 168a to read as follows:

Sec. 164. Education - state-placed students

69: In Sec. 172, Page 120, lines 18 and 20, by striking out the figure "11,843,919" and inserting in lieu thereof the figure 11,000,388

70: In Sec. 173, page 121, line 3, by striking out the figure "$216,000,000.00" and inserting in lieu thereof the figure $217,125,000.00 and on line 6, by adding the following sentence: Of the $217,125,000.00 appropriated in this section, $125,000.00 shall be utilized as an adjustment for average daily membership errors reported by the Coventry school district during prior fiscal years.

71: In Sec. 174, page 121, line 9, by striking out the figure "$38,300,000.00" and inserting in lieu thereof the figure $35,000,000.00

72: In Sec. 177, page 122, line 17, by striking out the figure "84,124,000" and inserting in lieu thereof the figure 84,500,000 and on page 123, line 2, by striking out the figure "3,529,417" and inserting in lieu thereof the figure 4,229,417 and on line 3, by striking out the figure "3,035,083" and inserting in lieu thereof the figure 3,135,083 and on line 5, by striking out the figure "76,924,000" and inserting in lieu thereof the figure 76,500,000 and on line 7, by striking out the figure "84,124,000" and inserting in lieu thereof the figure 84,500,000

73: In Sec. 178, page 123, lines 9 and 18, by striking out the figure "764,719,910" and inserting in lieu thereof the figure 783,264,376 and on line 11, by striking out the figure "265,357,710" and inserting in lieu thereof the figure 274,394,710 and on line 12, by striking out the figure "3,675,015" and inserting in lieu thereof the figure 3,775,015 and on line 13, by striking out the figure "410,497,983" and inserting in lieu thereof the figure 419,810,449 and on line 14, by striking out the figure "74,082,355" and inserting in lieu thereof the figure 74,112,355 and on line 15, by striking out the figure "9,830,593" and inserting in lieu thereof the figure 9,895,593

74: In Sec. 179, page 123, line 20, by striking out the figure "30,330,748" and inserting in lieu thereof the figure 30,048,218 and on page 124, line 2, by striking out the figure "30,330,748" and inserting in lieu thereof the figure 30,048,218

75: In Sec. 182, page 124, lines 15 and 17, by striking out the figure "17,218,440" and inserting in lieu thereof the figure 17,057,520

76: In Sec. 183, page 126, lines 2 and 4, by striking out the figure "514,670" and inserting in lieu thereof the figure 509,860

77: In Sec. 184, page 126, lines 6 and 8, by striking out the figure "817,408" and inserting in lieu thereof the figure 763,933

78: In Sec. 185, page 126, lines 10 and 12, by striking out the figure "13,831,839" and inserting in lieu thereof the figure "13,702,569

79: On page 126, after line 17, by adding a new section to be numbered Sec. 186a to read as follows:

Sec. 186a. Education commission of the states

80: In Sec. 187, page 126, lines 18 and 20, by striking out the figure "63,365,246" and inserting in lieu thereof the figure 62,773,841

81: In Sec. 207, page 139, line 4, by striking out the figure "531,664" and inserting in lieu thereof the figure 731,664 and on line 5, by striking out the figure "1,353,376" and inserting in lieu thereof the figure 1,153,376

82: In Sec. 211, page 140, line 14, by striking out the figure "11,030,223" and inserting in lieu thereof the figure 11,230,223 and on line 19, by striking out the figure "20,377,623" and inserting in lieu thereof the figure 20,177,623

83: In Sec. 212, page 141, lines 11 and 17, by striking out the figure "1,021,003" and inserting in lieu thereof the figure 1,042,591 and on line 8, by striking out the figure "123,901" and inserting in lieu thereof the figure 145,489 and on line 13, by striking out the figure "800,207" and inserting in lieu thereof the figure 821,795

84: In Sec. 217, page 143, line 16, by striking out the figure "247,209" and inserting in lieu thereof the figure 347,209 and on line 17, by striking out the figure "1,362,144" and inserting in lieu thereof the figure 1,862,144 and on line 19, by striking out the figure "2,390,561" and inserting in lieu thereof the figure 2,990,561 and on page 144, line 2, by striking out the figure "2,198,296" and inserting in lieu thereof the figure 2,798,296 and on line 6, by striking out the figure "2,390,561" and inserting in lieu thereof the figure 2,990,561 and in subsection (a), line 8, by striking out the figure "100,000.00" and inserting in lieu thereof the figure 200,000.00

85: In Sec. 220, page 146, lines 6 and 11, by striking out the figure "4,885,079" and inserting in lieu thereof the figure 5,085,079 and on line 2, by striking out the figure "1,399,502" and inserting in lieu thereof the figure 1,599,502 and on line 8, by striking out the figure "4,849,229" and inserting in lieu thereof the figure 5,049,229

86: In Sec. 222, page 147, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

87: In Sec. 226, page 148, after line 8, by adding a new subsection (a) to read as follows:

88: In Sec. 227, page 148, lines 10 and 12, by striking out the figure "26,343" and inserting in lieu thereof the figure 100,000

89: In Sec. 228, page 148, line 13, by striking out the figure "56,336,942" and inserting in lieu thereof the figure 57,232,187 and on line 16, by striking out the figure "11,191,430" and inserting in lieu thereof the figure 12,086,675 and on page 149, line 2, by striking out the figure "56,336,942" and inserting in lieu thereof the figure 57,232,187

90: In Sec. 232, page 150, line 17, by striking out the figure "740,100" and inserting in lieu thereof the figure 640,100 and on line 19, by striking out the figure "5,143,000" and inserting in lieu thereof the figure 5,043,000 and on page 151, line 2, by striking out the figure "4,995,000" and inserting in lieu thereof the figure 4,895,000 and on line 5, by striking out the figure "5,143,000" and inserting in lieu thereof the figure 5,043,000

91: In Sec. 233, page 151, lines 13 and 18, by striking out the figure "43,628,956" and inserting in lieu thereof the figure 43,378,956 and on line 10, by striking out the figure "22,274,497" and inserting in lieu thereof the figure 22,024,497 and on line 15, by striking out the figure "36,428,956" and inserting in lieu thereof the figure 36,178,956

92: In Sec. 234, page 152, lines 2 and 8, by striking out the figure "140,007,088" and inserting in lieu thereof the figure 136,760,863 and on line 4, by striking out the figure "25,118,694" and inserting in lieu thereof the figure 21,872,469

93: In Sec. 235, page 152, lines 16 and 21, by striking out the figure "6,175,000" and inserting in lieu thereof the figure 6,065,000 and on line 14, by striking out the figure "1,681,333" and inserting in lieu thereof the figure 1,571,333 and on line 18, by striking out the figure "2,725,000" and inserting in lieu thereof the figure 2,675,000 and on line 19, by striking out the figure "3,450,000" and inserting in lieu thereof the figure 3,390,000

94: In Sec. 237, page 153, lines 13 and 18, by striking out the figure "16,182,546" and inserting in lieu thereof the figure 16,747,546 and on line 11, by striking out the figure "13,810,387" and inserting in lieu thereof the figure 14,375,387 and on line 15, by striking out the figure "4,516,700" and inserting in lieu thereof the figure 4,529,700 and on line 16, by striking out the figure "11,665,846" and inserting in lieu thereof the figure 12,217,846

95: In Sec. 238, page 154, lines 7 and 12, by striking out the figure "15,060,972" and inserting in lieu thereof the figure 14,860,972 and on line 5, by striking out the figure "11,782,388" and inserting in lieu thereof the figure 11,582,388 and on line 9, by striking out the figure "6,957,862" and inserting in lieu thereof the figure 6,757,862

96: In Sec. 239, page 154, line 16, by striking out the figure "3,583,000" and inserting in lieu thereof the figure 3,333,000 and on line 18, by striking out the figure "9,585,593" and inserting in lieu thereof the figure 9,335,593 and on page 155, line 2, by striking out the figure "1,000,000" and inserting in lieu thereof the figure 750,000 and on line 5, by striking out the figure "9,585,593" and inserting in lieu thereof the figure 9,335,593

97: In Sec. 249, page 158, line 16, by striking out the figure "308,032,505" and inserting in lieu thereof the figure 304,441,280 and on line 18, by striking out the figure "131,934,709" and inserting in lieu thereof the figure 127,851,484 and on line 19, by striking out the figure "164,364,342" and inserting in lieu thereof the figure 164,856,342 and on page 159, line 2, by striking out the figure "308,032,505" and inserting in lieu thereof the figure 304,441,280

98: On page 168, after line 2, by adding a new section to be numbered Sec. 264a to read as follows:

Sec. 264a. SPECIAL EDUCATION; STATEWIDE PROGRAMS

99: On page 168, after line 2, by adding a new section to be numbered Sec. 265 to read as follows:

Sec. 265. NEW POSITIONS

100: On pages 169 through 177, by striking out Sec. 267 in its entirety and inserting in lieu thereof four new sections to be numbered Secs. 267, 267a, 267b and 267c to read as follows:

Sec. 267. GENERAL FUND FISCAL YEAR 1999 ONE TIME APPROPRIATIONS

Corps. $3,000,000

study $80,000

upgrades $750,000

(20) To the department of education for a one-time funding enhancement for the Vermont center for the book $25,000

(21) To the department of education for a one-time funding enhancement for adult basic education $100,000

grant $10,000

Sec. 267a. REALLOCATED FY 1999 ONE TIME APPROPRIATIONS

Sec. 267b. FY 1999 SURPLUS ONE TIME APPROPRIATIONS

Sec. 267c. GENERAL FUND FISCAL YEAR 2000 ONE TIME APPROPRIATIONS

activities $50,000

101: In Sec. 268, page 178, by striking out subdivision (3) in its entirety and inserting in lieu thereof three new subdivisions to be numbered subdivisions (3), (4) and (5) to read as follows:

102: On pages 178 through 180, by striking out Sec. 269 in its entirety

103: In Sec. 270, page 180, subsection (b), line 17, by striking out the word "appropriated" and inserting in lieu thereof the word: transferred

104: On page 181, after line 14, by adding two new sections to be numbered Sec. 272a and 272b to read as follows:

Sec. 272a. 20 V.S.A. § 45 is added 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 such 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) In any fiscal year up to two percent of the amount of the general fund budget stabilization reserve established by 32 V.S.A. §308 may be expended to provide for emergency relief and assistance under this section. Upon the occurrence of the contingencies and conditions set out in subsection (a) of this section, such amounts are appropriated and may be expended for this purpose.

(c) 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. 272b. REPEAL

3 V.S.A. §2225 (establishing an emergency relief and assistance fund) is repealed.

105: On page 181, after Sec, 272b, by adding a new section to be numbered Sec. 272c to read as follows:

Sec. 272c. MATCH FOR FEMA DISASTER RELIEF; JANUARY, 1998 ICE STORM

106: On page 181, after Sec. 272c, by adding a new section to be numbered Sec. 272d to read as follows:

Sec. 272d. 3 V.S.A. §1101 (b)(9) is added to read:

107: On pages 181 and 182, by striking out Sec. 273 in its entirety and inserting in lieu thereof a new Sec. 273 to read as follows:

Sec. 273. PARTIAL FUNDING FOR CONTRACTUAL AGREEMENT

(a) For the purpose of funding a portion of the agreement between the state of Vermont and the Vermont State Employees' Association, Inc. for the nonmanagement, supervisory, state police and corrections bargaining units for the period July 1, 1999 through June 30, 2000 and for the other salary adjustments authorized by this section, the following amounts are appropriated:

(1) from the general fund for the fiscal year beginning July 1, 1999, $2,260,000.00.

(2) from the transportation fund for the fiscal year beginning July 1, 1999, $717,142.00.

(3) from the fish and wildlife fund for the fiscal year beginning July 1, 1999, $52,279.00.

(4) from the special funds for the fiscal year beginning July 1, 1999, $592,561.00.

(5) from federal and other funds for the fiscal year beginning July 1, 1999, $2,421,082.00.

(b) Notwithstanding the provisions of 32 V.S.A. §§ 1003(a) and (c), 1053a, 1141(a), 1142(a), 1181, 1182(a) and 1183(a), which establish statutory salaries for certain state offices, the salaries for those offices shall be increased in FY 2000 and FY 2001 by a percentage equal to "the total rate of adjustment available to classified employees under the collective bargaining agreement", as that term is defined in subsection (c) of this section, for those fiscal years.

(c) For purposes of determining annual salary adjustments, special salary increases and bonuses for FY 2000 and FY 2001 under 32 V.S.A. § 1003(b), "the total rate of adjustment available to classified employees under the collective bargaining agreement" shall be deemed to be a percentage equal to the COLA and step increases, expressed as a percentage, that are approved in accordance with the provisions of this section for FY 2000 and FY 2001.

(d) Notwithstanding the maximum salary established for the commissioner of the department of health in 32 V.S.A. § 1003(b), the governor may grant a salary adjustments in FY 2000 and FY 2001 to that appointive officer in accordance with that subsection.

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

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

(g) Notwithstanding the provisions of 3 V.S.A. § 925 or 982, the provisions of collective bargaining agreement which are either agreed to by the state and certified bargaining units or determined by the labor relations board, as the case may be, shall become effective after ratification by the appropriate unit memberships or upon recommendation submitted by the labor relations board to the general assembly, and upon approval of the contract by general assembly or by the Joint Fiscal Committee in the event that the legislature is not in session. For FY 2000, appropriations for the contract shall consist of amounts appropriated in subsection (a) of this section and funds already appropriated to departments in the FY 2000 budget. In the event that the amounts available herein are insufficient to meet a department or agency's needs, or in the event the contract settlement for FY 2000 exceeds four percent for a combination of COLA and step increases, the administration shall submit additional funding requests as part of the FY 2000 budget adjustment. Funding requests for FY 2001 shall be submitted as part of the FY 2001 budget proposal.

(h) Notwithstanding any provision of law to the contrary, no salary adjustment for elective officers governed by 32 V.S.A. §1003, nor for department heads concerning salary adjustments or bonuses under 32 V.S.A. §1003(b) or under any other provision of law, shall be authorized until the collective bargaining agreement between the state and the certified collective bargaining agent has been approved by the General Assembly, or the Joint Fiscal Committee in the event the 1999 session of the General Assembly has adjourned until 2000.

108: On pages 182 through 185, by striking out Sec. 274 in its entirety and inserting in lieu thereof a new Sec. 274 to read as follows:

Sec. 274. TOBACCO PREVENTION, CESSATION AND CONTROL

In order to develop a comprehensive statewide approach to tobacco prevention, cessation and control:

(a)(1) A tobacco prevention, cessation and control task force is created and charged with development of a comprehensive statewide plan, and an institutional structure and financing approach for effective tobacco prevention, cessation and control in Vermont.

(2) The task force shall consist of the commissioners of health and education, or their designees; two members of the house of representatives, one from the committee on health and welfare and one member appointed from either the committee on ways and means or appropriations by the speaker of the house, two members of the senate, one member from the committee on health and welfare and one member from either the committee on finance or appropriations appointed by the committee on committees; the director of the UVM office of health promotion research; one public member from the medical community selected by the governor; and an advocate on behalf of the low income community in Vermont and a non-profit anti-tobacco advocate to be selected by the other members of the task force. Legislative and public members shall be entitled to compensation and reimbursement for expenses under 2 V.S.A. § 406 and 32 V.S.A. § 1010, respectively.

(3) The task force shall coordinate its work with the department of health public hearing process. The task force shall have the assistance of the office of the attorney general, the department of health, the department of education, the legislative council, and the joint fiscal office.

(4) The task force shall propose to the general assembly and the governor on or before November 15, 1999 a plan and related legislative proposals for the following matters, and shall thereupon cease to exist:

(A) Long-term strategies including but not limited to the following:

(i) A long-term oversight structure to implement and administer statewide tobacco prevention, education and control programs.

(ii) A long-term sustainable financial plan and related trust fund or similar public finance mechanism.

(iii) Strategies for implementing effective tobacco control and prevention activities including anti-addiction programs accessible to all Vermonters, creating and fostering anti-tobacco advertising, establishing community outreach programs, supporting tobacco control enforcement and program evaluation activities.

(iv) A plan for coordinating and integrating, to the extent possible, Vermont's tobacco prevention, cessation and control activities with successful alcohol and substance abuse programs.

(B) Short-term activities and proposed itemized expenditures for implementing effective tobacco prevention, cessation and control programs and activities, including proposals for coordinating and integrating such programs with successful alcohol and substance abuse programs, for inclusion in the FY 2000 budget adjustment and the FY 2001 appropriations process.

109: On page 185, after line 8, by adding three new sections to be numbered Sec. 275a, Sec. 275b and 275c to read as follows:

Sec. 275a. 32 V.S.A. § 435a is added to read:

§ 435a. TOBACCO LITIGATION SETTLEMENT FUND

(a) A tobacco litigation settlement fund shall be established in the state treasury, separate from the general fund and any other fund, for the support of tobacco use prevention, cessation and control, and for other health care purposes.

(b) Into the fund shall be deposited all monies received by the state in connection with the Master Tobacco Settlement Agreement between members of the tobacco industry and the state approved by the Vermont superior court on December 14, 1998 and finalized in Vermont on January 13, 1999, and any interest that accrues on the balance of such monies.

(c) Of the balance in the tobacco litigation settlement fund, $15,009,630 is hereby reserved for the sole purpose of long-term sustainable tobacco education, prevention, cessation and control programs and the trust fund proposal developed in accordance with subsection (a)(4)(A)(iii) of section 274.

Sec. 275b. 32 V.S.A. § 586 is amended to read:

§ 586. APPLICATION

The provisions of this subchapter shall not apply to funds established to account for proceeds from the sale of bonds, to the general fund, the transportation fund, the fish and wildlife fund, the tobacco litigation settlement fund, or to any federal revenue funds, trust funds, enterprise funds, internal service funds, or agency funds, or to public service enterprise funds established to implement provisions of sections 211 and 212a through 212f of Title 30; the budget stabilization reserves created by sections 308 and 308a of this title; the low-level radioactive waste fund created by section 7013 of Title 10; the Vermont campaign fund created by section 2856 of Title 17; or the education fund created by section 4025 of Title 16.

Sec. 275c. 32 V.S.A. § 1181 is amended to read:

§ 1181. COUNTY CLERKS

110: On pages 185 and 186, by striking out Sec. 277 in its entirety and inserting in lieu thereof a new Sec. 277 to read as follows:

Sec. 277. EFFECTIVE DATES

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Fox of Essex moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Fox of Essex

Rep. Westman of Cambridge

Rep. Kehler of Pomfret

On motion of Rep. Tracy of Burlington, the rules were suspended and the bill was ordered messaged to the Senate forthwith.

House Resolution Referred to Committee

H. R. 16

Reps. Corren of Burlington and Valsangiacomo of Barre City offered a joint resolution, entitled

House resolution relating to reducing consumer auto insurance costs and increasing consumer benefits through reform of the auto insurance system;

Whereas, auto liability insurance is required by the laws of this state, but some motorists remain uninsured, and

Whereas, the current auto liability insurance system is inefficient, and often fails to accomplish its principal public function, the adequate and timely compensation of accident victims concomitant with the responsibility of operating a motor vehicle, and

Whereas, there are significant potential savings to Vermont consumers and the Vermont economy that would result from reforming the auto liability insurance system, and

Whereas, the phenomenon of uninsured motorists could be eliminated through auto liability insurance reform, and now therefore be it

Resolved by the House of Representatives:

That the House Committee on Auto Liability Insurance Reform is created, consisting of six members of the House of Representatives appointed by the Speaker, and be it further

Resolved: That the committee shall study and make findings and recommendations for reforming the auto insurance system so that consumer accident victims receive fair, adequate and timely compensation, consumers pay only the minimum that is needed for their auto insurance, and be it further

Resolved: That the committee shall study and make findings and recommendations with regard to a reformed system that includes among other options:

(1) the reform proposal of the National Insurance Consumer Organization

(2) private or public administration

(3) funding by user-based fees on gasoline, a surcharge on moving violations, and value-based registration fees, at a total cost less than current auto insurance premiums

(4) no fault coverage

(5) improving the adequacy and timeliness of coverage and compensation to consumers; and be it further

Resolved: That the committee shall report its findings and recommendations to the General Assembly, together with any proposed legislation, on or before January 15, 2000, and be it further

Resolved: That the committee is authorized to meet no more than six times during adjournment, and for such meetings the members shall be entitled to per diem compensation and reimbursement for expenses in accordance with section 1010 of Title 32, as if the legislators were members of an executive branch board, and be it further

Resolved: That the committee shall elect a chair, and shall have available to it the assistance of the staff of the Legislative Council, which shall perform such investigation, research, and which shall prepare such recommendations as the House committee directs, and shall have the cooperation and assistance of the department of banking, insurance, securities, and health care administration and the department of motor vehicles.

Which was read and referred to the Committee on Appropriations.

Joint Resolution Referred to Committee

J.R.H. 111

Reps. Tracy of Burlington and Dunne of Hartland offered a joint resolution, entitled

Joint resolution supporting the introduction of low-cost jet service at Burlington International Airport;

Whereas, the declining popularity of Burlington International Airport (BIA) can be directly attributed to the high airfares and small uncomfortable planes that are a hallmark of commercial air travel originating from BIA, and

Whereas, in 1997, the national rate of passenger growth at the nation's airports was 24 percent while the BIA passenger total of 431,934 departures remained stagnant at a level approximately equivalent to that of 1987, and

Whereas, while BIA suffered a dismal leveling off in passenger departures, the Manchester, New Hampshire Airport in 1997 experienced phenomenal passenger growth that exceeded 300 percent with an increase from 176,126 to 559,741 departures, and

Whereas, this extraordinary passenger growth at Manchester can be directly attributed to the introduction of low-cost jet service from that airport, and

Whereas, unfortunately, departures to the same destination from BIA are not only far more expensive than from Manchester, but also frequently are on small propeller-driven aircraft, and

Whereas, the expense and discomfort of flying to BIA has already taken its toll on the convention business in Chittenden County as the Vermont Convention and Visitors Bureau reported that in a six-month period during 1998, there were convention cancellations worth over $2,000,000.00, and

Whereas, the operational rules at BIA should be attractive to low-cost carriers as the landing fees are among New England's lowest and there is no cost for storing airplanes overnight, and

Whereas, in the last few weeks, a new air carrier that appears to be well financed has indicated a potential interest in introducing low-cost jet service from Burlington, beginning in the year 2000, and

Whereas, were this service to become a reality, it would revive the operations at BIA and be a major boost to the local economy, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly supports the efforts of the Burlington International Airport to bring reliable low-cost jet service to Vermont, and urges the Agency of Transportation and the Agency of Commerce to work closely with the Burlington Board of Airport Commissioners to provide necessary assistance to bring this important transportation and economic improvement to the earliest possible fruition, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to Acting Transportation Secretary Micque Glitman, Commerce Secretary Molly Lambert and to the Burlington Board of Airport Commissioners.

Which was read and, in the Speaker's discretion, treated as a bill and referred to the committee on Commerce.

Message from the Senate

Mr. Speaker:

I am directed to inform the House that Pursuant to the request of the House for a Committee of Conference on the disagreeing votes of the two Houses on House bill entitled:

H. 533. An act relating to capital appropriations and state bonding.

The President has appointed as members of such Committee on the part of the Senate:

Adjournment

At five o'clock in the afternoon, on motion of Rep. Fyfe of Newport City, the House adjourned until tomorrow at nine o'clock and thirty minutes in the forenoon.