NO. 142. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
(H.766)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1.
SHORT TITLE
(a) This bill may be referred to as the BIG BILL
- Fiscal Year 2003 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide
appropriations for the operations of state government during fiscal year
2003. It is the express intent of the
legislature that activities of the various agencies, departments, divisions,
boards, and commissions be limited to those which can be supported by funds
appropriated in this act or other acts passed prior to June 30, 2002. Agency and department heads are directed to
implement staffing and service levels at the beginning of fiscal year 2003 so
as to meet this condition, unless otherwise directed by specific language in
this act.
Sec. 3. APPROPRIATIONS; NARRATIVES
(a) The sums herein stated are appropriated for
the purposes specified in the following sections of this act. When no time is expressly stated during
which any of the appropriations are to continue, the appropriations are
declared to be single-year appropriations, and only for the purpose
indicated. These appropriations shall
be the only appropriations available, notwithstanding any other acts or
laws. If, in this act, there is an
error in either addition or subtraction, the totals shall be adjusted
accordingly. Apparent errors in
referring to section numbers of statutory titles within this act may be
disregarded by the commissioner of finance and management.
(b) Unless codified or otherwise specified, all
narrative portions of this act apply only to the fiscal year ending June 30,
2003.
Sec. 4. TIME AVAILABLE
(a) The sums appropriated in this act, unless
otherwise designated, shall be available only during the fiscal year ending
June 30, 2003. The balance of any
appropriations made in this act remaining unexpended and unencumbered at the
end of the fiscal year shall revert to the appropriate fund balance, unless
otherwise specified in this act.
Refunds of expenditures and reimbursements, except liability insurance
premiums, which have been paid from the appropriations of a prior year, shall
be credited to the appropriate fund and not to appropriation accounts in the
current fiscal year, unless those refunds or reimbursements were previously
paid from federal grants-in-aid or from appropriations whose unexpended
balances are reappropriated by law.
Refunds of liability insurance premiums paid in prior fiscal years are
hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit
the time within which an appropriation to be raised by the issue of bonds may
be expended.
Sec. 5. DEFINITIONS
(a) For the purposes of this act:
(1) “Encumbrances” means a portion of an
appropriation reserved for the subsequent payment of existing purchase orders
or contracts. The commissioner of
finance and management shall make final decisions on the appropriateness of
encumbrances.
(2) “Grants” means subsidies, aid or payments to
local governments, to community and quasi-public agencies for providing local
services, and to persons who are not wards of the state for services or
supplies, and cash or other direct assistance, including pension contributions.
(3) “Operating expenses” means supplies - food,
medical, clothing, educational, fuel, highway materials and similar items;
contractual services - postage, telephone, travel expenses, light, heat and
power, rentals, insurance and other similar items; equipment articles of
substantial value which have a long period of usefulness - desks, computers,
typewriters, furniture, motor vehicles and similar items; and expenditures for
the purchase of land, construction of new buildings and permanent improvements,
highway construction and similar items.
(4) “Personal services” means wages and
salaries, consulting services, personnel benefits, personal injury benefits
under section 636 of Title 21 of the Vermont Statutes Annotated and similar
items.
Sec. 6. SOURCE OF FUNDS
(a) The appropriations made in this act are made
for the fiscal year ending June 30, 2003, except as provided in this act, and
are to be paid from funds shown as the source of funds.
Sec. 7. Secretary of administration - secretary’s
office
Personal services 709,040
Operating expenses 60,603
Total 769,643
Source of funds
General fund 412,988
Transportation fund 61,875
Interdepartmental transfer 294,780
Total 769,643
Sec. 8.
ANTI-TERRORISM AND BIO-TERRORISM CONTROL
FEDERAL GRANTS
(a) To
effectively utilize and manage federal funds received to support state and
local anti-terrorism and bio-terrorism control efforts, all state departments
and agencies applying for federal funds shall review applications with the
department of finance and management, and any allocation of federal funds to
state departments and programs shall be approved by the department of finance
and management and the secretary of administration.
(b)
The secretary of administration is directed to:
(1)
Submit a plan for spending any funds to the general assembly if it is in
session, otherwise to the joint fiscal committee at a regularly scheduled
meeting. The plan shall specifically
identify:
(A)
any new base spending proposed;
(B)
the duration of the federal grant;
(C)
any commitments required by the federal government if a grant is
accepted; and
(D)
if applicable under federal guidelines, funding for the department of
public safety, the department of health, victim services and compensation
planning as well as inclusion of the poison center’s role and funding needs.
(2)
No plan submitted pursuant to subdivision (1) of this section shall
become effective unless approved by the general assembly, if it is in session,
otherwise by the joint fiscal committee.
(3)
The administration shall maximize to the extent possible the use of
federal anti-terrorism funds to support state anti-terrorism activities. The intent of the legislature is to avoid
duplication with state funds of any allowable expenditure of federal
anti-terrorism funds.
Sec. 9. Secretary of administration - GOVnet
Personal services 383,058
Operating expenses 1,356,092
Total 1,739,150
Source of funds
Internal service funds 1,739,150
Sec. 10. Finance and management - financial operations
Personal services 1,280,477
Operating expenses 988,363
Total 2,268,840
Source of funds
Internal service funds 2,268,840
Sec. 11. Finance and management - budget and
management
Personal services 751,832
Operating expenses 96,072
Total 847,904
Source of funds
General fund 612,323
Transportation fund 132,511
Interdepartmental transfer 103,070
Total 847,904
Sec. 12. Finance and management - education and
functional support
Personal services 229,688
Operating expenses 39,102
Total 268,790
Source of funds
Internal service funds 268,790
Sec. 13. Personnel - operations
Personal services 2,068,869
Operating expenses 566,810
Total 2,635,679
Source of funds
General fund 1,331,651
Transportation fund 521,530
Special funds 48,000
Internal service funds 696,994
Interdepartmental transfer 37,504
Total 2,635,679
Sec. 14. Personnel - recruitment services
Personal services 384,553
Operating expenses 217,528
Total 602,081
Source of funds
General fund 300,564
Transportation fund 126,517
Special funds 175,000
Total 602,081
Sec. 15. Personnel - employee benefits
Personal services 1,336,550
Operating expenses 354,497
Total 1,691,047
Source of funds
Internal service funds 1,691,047
Sec. 16. Libraries
Personal services 1,621,927
Operating expenses 1,391,996
Grants 404,920
Total 3,418,843
Source of funds
General fund 2,182,809
Special funds 50,300
Federal funds 1,049,734
Interdepartmental transfer 136,000
Total 3,418,843
Sec. 17. Libraries - special services: handicapped
Personal services 186,703
Operating expenses 25,813
Total 212,516
Source of funds
General fund 88,292
Special funds 1,000
Federal funds 123,224
Total 212,516
Sec. 18. Tax - administration/collection
Personal services 9,077,300
Operating expenses 2,346,705
Total 11,424,005
Source of funds
General fund 10,636,283
Transportation fund 263,785
Special funds 350,937
Tobacco fund 58,000
Interdepartmental transfer 115,000
Total 11,424,005
Sec. 19. Tax - revenue and returns processing
Personal services 967,801
Operating expenses 314,285
Total 1,282,086
Source of funds
General fund 1,282,086
Sec. 20. Buildings and general services -
administration
Personal services 1,038,711
Operating expenses 164,439
Total 1,203,150
Source of funds
Interdepartmental transfer 1,203,150
Sec. 21. Buildings and general services - engineering
Personal services 1,620,002
Operating expenses 328,780
Total 1,948,782
Source of funds
General fund 1,650,528
Transportation fund 233,254
Interdepartmental transfer 65,000
Total 1,948,782
Sec. 22. Buildings and general services - information
centers
Personal services 2,630,396
Operating expenses 845,097
Grants 255,000
Total 3,730,493
Source of funds
General fund 397,769
Transportation fund 3,332,724
Total 3,730,493
Sec. 23. Buildings and general services - purchasing
Personal services 775,375
Operating expenses 272,359
Total 1,047,734
Source of funds
General fund 787,670
Transportation fund 260,064
Total 1,047,734
Sec. 24. Buildings and general services - public
records
Personal services 784,046
Operating expenses 379,452
Total 1,163,498
Source of funds
General fund 905,296
Transportation fund 87,992
Special funds 170,210
Total 1,163,498
Sec. 25. Buildings and general services - postal
Personal services 600,979
Operating expenses 342,729
Total 943,708
Source of funds
General fund 108,082
Transportation fund 65,291
Internal service funds 770,335
Total 943,708
Sec. 26. Buildings and general services - copy center
Personal services 697,657
Operating expenses 840,052
Total 1,537,709
Source of funds
Internal service funds 1,537,709
Sec. 27. Buildings and general services - supply
center
Personal services 241,252
Operating expenses 232,618
Total 473,870
Source of funds
Internal service funds 473,870
Sec. 28. Buildings and general services - federal surplus
property
Personal services 53,755
Operating expenses 106,878
Total 160,633
Source of funds
Enterprise funds 160,633
Sec. 29. Buildings and general services - state
surplus property
Personal services 49,272
Operating expenses 56,884
Total 106,156
Source of funds
Internal service funds 106,156
Sec. 30. Buildings and general services - property
management
Personal services 773,378
Operating expenses 3,145,884
Total 3,919,262
Source of funds
Internal service funds 3,919,262
Sec. 31. Buildings and general services - all other
insurance
Personal services 49,578
Operating expenses 26,077
Total 75,655
Source of funds
Internal service funds 75,655
Sec. 32. Buildings and general services - general
liability insurance
Personal services 312,382
Operating expenses 494,929
Total 807,311
Source of funds
Internal service funds 807,311
Sec. 33. Buildings and general services - workers’
compensation insurance
Personal services 862,592
Operating expenses 288,743
Total 1,151,335
Source of funds
Internal service funds 1,151,335
(a)
The establishment of one (1) new classified position - Loss Prevention
Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing
vacant positions in the executive branch of state government.
Sec. 34. Buildings and general services -
communications & information technology
Personal services 2,560,881
Operating expenses 3,604,266
Total 6,165,147
Source of funds
Internal service funds 6,165,147
Sec. 35. Buildings and general services - fee for
space
Personal services 5,635,591
Operating expenses 8,545,828
Total 14,181,419
Source of funds
General fund 573,016
Internal service funds 13,608,403
Total 14,181,419
(a)
The establishment of two (2) new classified positions - one (1)
Maintenance Mechanic II and one (1) Plant Maintenance Supervisor A - is
authorized in fiscal year 2003. These
positions shall be transferred and converted from existing vacant positions in
the executive branch of state government.
Sec. 36. [Omitted]
Sec. 37. Geographic information system
Grants 376,992
Source of funds
Special funds 376,992
Sec. 37a.
REPEAL
(a)
Sec. 4 of No. 204 of the Acts of 1994 (sunset on the geographic
information system and its authority to enter into contracts), as amended by
Sec. 1 of No. 143 of the Acts of 1998 and as further amended by Sec. 1 of No.
72 of the Acts of 2000, is repealed.
Sec. 38. Auditor of accounts
Personal services 1,504,309
Operating expenses 109,150
Total 1,613,459
Source of funds
General fund 475,151
Transportation fund 70,368
Special funds 52,167
Internal service funds 1,015,773
Total 1,613,459
Sec. 39. State treasurer
Personal services 2,176,246
Operating expenses 316,520
Total 2,492,766
Source of funds
General fund 617,438
Transportation fund 123,714
Special funds 1,166,413
Pension
trust funds 545,000
Private purpose trust funds 40,201
Total 2,492,766
(a)
The conversion of one (1) limited service position - Accountant B - to
permanent is authorized in fiscal year 2003.
Sec. 40. State treasurer - abandoned property
Personal services 70,373
Operating expenses 95,183
Total 165,556
Source of funds
Private purpose trust funds 165,556
Sec. 41. Vermont state retirement system
Personal services 14,541,400
Operating expenses 146,039
Total 14,687,439
Source of funds
Special funds 14,687,439
Sec. 41a. LEGISLATIVE
STUDY COMMITTEE ON DEVELOPING
PROPOSALS FOR TRANSFERRING LAW ENFORCEMENT
OFFICERS AND FIREFIGHTERS INTO THE GROUP C PLAN
OF THE VERMONT STATE RETIREMENT SYSTEM
(a) A legislative study committee is created to
recommend options for transferring state law enforcement officers and
firefighters hired prior to July 1, 2000, from the Group F plan to the
Group C plan of the Vermont state retirement system. Specifically, the committee shall:
(1) Evaluate the recommendations of the
legislative study committee on eligibility criteria for plans of the Vermont
state retirement system established in Sec. 3 of No. 57 of the Acts of 2001;
(2) Report to the general assembly on specific
proposals for transitioning current law enforcement officers or firefighters
who are members of the Group F plan into the Group C plan;
(3) Report to the general assembly on other
possible alternatives for establishing parity among law enforcement officers
and firefighters hired before and after July 1, 2000.
(b) The committee shall be comprised of the following members: two members of the house committee on
government operations and one member of the house committee on appropriations
appointed by the speaker of the house, three members of the senate committee on
government operations appointed by the committee on committees, the
commissioner of personnel, the state treasurer or designee, two representatives
of the Vermont state employees’ association, the director of retirement
services, the chair of the Vermont state retirement system board of trustees,
and the commissioner of finance and management or designee.
(c) Legislative members shall be entitled to
compensation and reimbursement of expenses under section 406 of Title 2.
(d) The committee may meet up to two times, and
shall file a report of its recommendations with the general assembly by January
15, 2003. The report shall include the
estimated costs of each proposal as well as the impact of each proposal on the
Vermont state retirement system.
Sec. 42. Municipal employees’ retirement system
Personal services 1,002,100
Operating expenses 46,826
Total 1,048,926
Source of funds
Special funds 1,048,926
Sec. 43. State labor relations board
Personal services 148,509
Operating expenses 34,906
Total 183,415
Source of funds
General fund 172,185
Transportation fund 5,528
Special funds 5,702
Total 183,415
(a) The joint fiscal office shall review methods
of funding labor relations boards in other states, and on or before December 1,
2002, report to the house and senate committees on appropriations on such
methods, and provide recommendations for funding the Vermont state labor
relations board in future fiscal years.
Sec. 44. Executive office
Personal services 1,048,906
Operating expenses 296,097
Grants 51,978
Total 1,396,981
Source of funds
General fund 1,097,120
Transportation fund 187,676
Special funds 3,185
Interdepartmental transfer 109,000
Total 1,396,981
Sec. 45. Executive office - national and community
service
Personal services 153,402
Operating expenses 95,219
Grants 1,428,643
Total 1,677,264
Source of funds
General fund 60,803
Federal funds 1,616,461
Total 1,677,264
Sec. 46. Governor-elect
Personal services 20,000
Operating expenses 10,000
Total 30,000
Source of funds
General fund 30,000
(a) The funds in this section
are for costs incurred by the transitions of the executive office. No funds shall be used for inaugural
celebrations. Any unexpended portion of
these funds shall revert to the general fund.
Sec. 47. VOSHA review board
Personal services 29,184
Operating expenses 9,180
Total 38,364
Source of funds
General fund 18,988
Federal funds 19,376
Total 38,364
Sec. 48. [Omitted]
Sec. 49. Use tax reimbursement fund - municipal
current use
Grants 5,100,000
Source of funds
General fund 3,029,610
Transportation fund 2,070,390
Total 5,100,000
Sec. 50. Lieutenant governor
Personal services 102,844
Operating expenses 13,881
Total 116,725
Source of funds
General fund 94,114
Transportation fund 22,611
Total 116,725
Sec. 51. Legislature
Personal services 2,591,215
Operating expenses 2,136,950
Total 4,728,165
Source of funds
General fund 3,868,478
Transportation fund 859,687
Total 4,728,165
(a) Of the above general fund appropriation,
$15,000.00 shall be available for new member orientation.
(b) Of the above general fund appropriation,
$50,000.00 shall be available to support the Northeast Legislative Association
on Prescription Drug Pricing.
(c) It is the intent of the legislature that legislative leadership
consider the use of unpaid recess of the legislature as appropriate and
applicable should the budget presentation be delayed during the 2003 session
due to transition of executive administration.
Sec. 51a.
FISCAL YEAR 2002 LEGISLATURE BUDGET ADJUSTMENT
(a)
There is appropriated to the legislature $200,000.00 in general funds
for fiscal year 2002 expenses.
Sec. 51b. 3 V.S.A. § 635a is amended to read:
§ 635a. COVERAGE; MEMBERS OF THE GENERAL ASSEMBLY
(a) A member of the general assembly and a
session employee of the legislature or the legislative council shall be
eligible to participate in the group health insurance program provided in this
chapter, or in any group dental insurance program negotiated in a collective
bargaining agreement with state employees.
Premiums shall be paid at the full actuarial rate by the legislator or
employee with no contribution from the state and shall be deducted from
compensation due for services rendered during the legislative session or
assessed, and paid directly by the legislator or employee.
(b) A person who elects to participate in the
group health insurance program or in the group dental insurance program
under this section shall notify the program's administrator, in writing, of
such election. The enrollment period
for persons electing under this section shall correspond with the enrollment
period for state employees.
Sec. 52. Legislative council
Personal services 1,661,561
Operating expenses 92,090
Total 1,753,651
Source of funds
General fund 1,475,527
Transportation fund 278,124
Total 1,753,651
(a)
User satisfaction
with the ease and efficiency of electronic communications systems in the State
House shall be a priority for the information technology division of the
legislative council.
Sec. 53. Sergeant at arms
Personal services 317,512
Operating expenses 51,388
Total 368,900
Source of funds
General fund 320,207
Transportation fund 48,693
Total 368,900
Sec. 53a.
Sec. 44 of No. 63 of the Acts of 2001, as amended by Sec. 6 of
No. 110 of the Acts of 2002, is further amended to read:
Sec. 44.
Sergeant at arms
Personal
services 286,778
316,778
Operating
expenses 48,000
48,000
Total 334,778
364,778
Source
of funds
General
fund 286,935
316,935
Transportation
fund 47,843
47,843
Total 334,778
364,778
* * *
Sec. 54. Joint fiscal committee
Personal services 842,642
Operating expenses 66,184
Total 908,826
Source of funds
General fund 747,276
Transportation fund 161,550
Total 908,826
Sec. 54a. Sec. 45. of No. 63 of the Acts of 2001 is amended to read:
Sec. 45.
Joint fiscal committee
Personal
services 757,503
774,703
Operating
expenses 35,783
35,783
Total 793,286 810,486
Source
of funds
General
fund 634,915
652,115
Transportation
fund 158,371
158,371
Total 793,286 810,486
Sec. 55. Lottery commission
Personal services 1,127,907
Operating expenses 693,556
Total 1,821,463
Source of funds
Enterprise funds 1,821,463
Sec. 56. Payments in lieu of taxes
Grants 2,400,000
Source of funds
General fund 1,250,000
Special funds 1,150,000
Total 2,400,000
(a)
The above appropriation is for state payments in lieu of property taxes
under subchapter 4 of chapter 123 of Title 32, and the payments shall be
calculated in addition to, and without regard to, the appropriations for PILOT
for Montpelier and correctional facilities elsewhere in this act.
(b)
The secretary of administration shall anticipate receipts in the PILOT
special fund to ensure the total appropriation is available.
Sec. 57. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 58. Payments in lieu of taxes - correctional
facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 59. Total general government 106,909,338
Source of funds
General fund 34,750,254
Transportation fund 8,913,884
Special funds 19,286,271
Tobacco fund 58,000
Federal funds 2,808,795
Enterprise funds 1,982,096
Internal service funds 36,295,777
Pension trust funds 545,000
Private purpose trust funds 205,757
Interdepartmental transfer 2,063,504
Total 106,909,338
Sec. 60. Protection to persons and property -
Attorney general
Personal services 4,344,999
Operating expenses 860,860
Total 5,205,859
Source of funds
General fund 2,317,943
Transportation fund 83,495
Special funds 811,978
Tobacco fund 290,000
Federal funds 486,443
Interdepartmental transfer 1,216,000
Total 5,205,859
Sec. 61. Attorney general - telemarketing fraud
Personal services 111,628
Operating expenses 38,372
Total 150,000
Source of funds
Federal funds 150,000
Sec. 62. Vermont court diversion
Grants 1,104,555
Source of funds
General fund 615,531
Transportation fund 177,804
Special funds 311,220
Total 1,104,555
Sec. 63. Center for crime victims services
Personal services 763,250
Operating expenses 208,018
Grants 4,292,230
Total 5,263,498
Source of funds
General fund 758,339
Special funds 724,808
Federal funds 3,740,351
Interdepartmental transfer 40,000
Total 5,263,498
(a)
The $40,000.00 of federal grant funds transferred from the department of
public safety shall be used for AIDS/HIV outreach to victims of sexual violence
consistent with the intent of No. 49 of the Acts of 2001.
Sec. 64. Center for crime victims services - victim
compensation
Grants 575,000
Source of funds
Special funds 405,000
Federal funds 170,000
Total 575,000
Sec. 65. State’s attorneys
Personal
services 6,826,326
Operating expenses 990,905
Total 7,817,231
Source of funds
General fund 5,866,162
Transportation fund 447,230
Special funds 43,500
Federal funds 5,000
Interdepartmental transfer 1,455,339
Total 7,817,231
(a)
Of the above general fund appropriation, $25,000.00 shall be used to
support a temporary deputy state’s attorney position in Addison County.
Sec. 66. Sheriffs
Personal services 1,075,541
Operating expenses 36,941
Total 1,112,482
Source of funds
General fund 1,075,541
Transportation fund 36,941
Total 1,112,482
(a)
Of the above appropriation, $15,000.00 shall be transferred to the
state’s attorneys office as reimbursement for the cost of the executive director’s
salary.
Sec. 67. Sheriffs - transport
Personal services 1,196,821
Operating expenses 200,000
Total 1,396,821
Source of funds
General fund 749,687
Transportation fund 647,134
Total 1,396,821
(a)
The general assembly finds that the increasing cost of prisoner
transports from correctional centers to courts is placing a burden on the
ability of the state to pay for such transports. The general assembly is concerned with preserving the due process
rights of prisoners granted by the U.S. Constitution and the Vermont
Constitution, yet it believes some court hearings can be held without the
presence of a prisoner in the courtroom without any infringement upon the
prisoner’s constitutional rights. Some
hearings, such as status conferences, could be held without the participation
of the prisoner; while others may be held with prisoner participation by
telephone or video conference. It is
the intent of the general assembly to preserve due process rights of prisoners
while addressing the increased cost of detaining prisoners in the correctional
centers while they wait for disposition of their cases. Accordingly, the general assembly hereby
directs the department of state’s attorneys and sheriffs, the administrative
judge for trial courts, the court administrator, the defender general and the
commissioner of the department of corrections to work together to reduce the
number of unnecessary prisoner transports to court hearings, taking into
account the findings and intent of the general assembly, as stated in this
subsection. The parties shall report to
the chairs of the house and senate committees on appropriations and on
judiciary by January 15, 2003, regarding the steps that have been taken and the
impact those steps have had on reducing transports.
Sec. 68. Defender general - public defense
Personal services 4,801,141
Operating expenses 506,962
Total 5,308,103
Source of funds
General fund 4,286,254
Transportation fund 630,058
Special funds 346,791
Interdepartmental transfer 45,000
Total 5,308,103
Sec. 69. Defender general - assigned counsel
Personal services 2,093,790
Operating expenses 46,505
Total 2,140,295
Source of funds
General fund 1,880,285
Transportation fund 260,010
Total 2,140,295
Sec. 70. Defender general - ad hoc counsel
Personal services 127,403
Source of funds
General fund 127,403
Sec. 71. Military - administration
Personal services 397,864
Operating expenses 320,406
Grants 158,000
Total 876,270
Source of funds
General fund 876,270
(a)
Of the above appropriation, $200,000.00 shall be transferred to the
Vermont student assistance corporation for the national guard scholarship
program, which is comprised of $158,000.00 of the above appropriation and
$42,000.00 in fiscal year 2002 carry-forward funds.
(b)
Total grants under 16 V.S.A. chapter 87, subchapter 4A, shall not exceed
$200,000.00 in fiscal year 2003, nor shall commitments or obligations be made
for expenditure amounts over $200,000.00 in fiscal year 2004.
Sec. 72. Military - air service contract
Personal services 3,176,327
Operating expenses 904,423
Total 4,080,750
Source of funds
General fund 333,042
Federal funds 3,747,708
Total 4,080,750
Sec. 73. Military - army service contract
Personal services 2,269,299
Operating expenses 8,183,223
Total 10,452,522
Source of funds
General fund 145,134
Federal funds 10,307,388
Total 10,452,522
Sec. 74. Military - building maintenance
Personal services 829,020
Operating expenses 478,932
Total 1,307,952
Source of funds
General fund 1,272,952
Special funds 35,000
Total 1,307,952
Sec. 75. Military - veterans’ affairs
Personal services 130,991
Operating expenses 21,265
Grants 125,850
Total 278,106
Source of funds
General fund 278,106
(a)
Of the above appropriation, $7,500.00 is to be expended for a Vietnam
memorial plaque, $5,000.00 for the Brattleboro marching band, $15,000.00 for
the Vermont veterans’ day parade, $10,000.00 for the veterans’ park in Essex
Junction and $10,000.00 for the U.S.S. Montpelier.
Sec. 76. Labor and industry
Personal services 5,019,899
Operating expenses 1,320,000
Grants 70,000
Total 6,409,899
Source of funds
General fund 788,013
Special funds 4,520,271
Federal funds 1,051,596
Interdepartmental transfer 50,019
Total 6,409,899
(a)
The establishment of one (1) new classified position - Occupational
Health Compliance Specialist - is authorized in fiscal year 2003. This position shall be transferred and
converted from existing vacant positions in the executive branch of state
government.
Sec. 77. Labor and industry - wage and hour
Personal services 106,058
Operating expenses 33,000
Total 139,058
Source of funds
General fund 139,058
Sec. 78. Criminal justice training council
Personal services 704,932
Operating expenses 718,787
Total 1,423,719
Source of funds
General fund 469,083
Transportation fund 348,154
Federal funds 50,000
Special funds 453,448
Interdepartmental transfer 103,034
Total 1,423,719
(a) The federal funds appropriated above are in
anticipation of grants for state and local anti-terrorism and emergency
preparedness.
Sec. 79. Criminal justice training council - domestic
violence
Personal services 13,478
Operating expenses 3,488
Total 16,966
Source of funds
Special funds 3,488
Interdepartmental transfer 13,478
Total 16,966
Sec. 80. Liquor control - enforcement and licensing
Personal services 1,393,102
Operating expenses 312,679
Total 1,705,781
Source of funds
Tobacco fund 318,973
Enterprise funds 1,386,808
Total 1,705,781
Sec. 81. Liquor control - administration
Personal services 1,094,958
Operating expenses 423,232
Total 1,518,190
Source of funds
Enterprise funds 1,518,190
Sec. 82. Liquor control - warehousing and
distribution
Personal services 555,248
Operating expenses 392,575
Total 947,823
Source of funds
Enterprise funds 947,823
Sec. 83. Vermont racing commission
Operating expenses 1
Source of funds
General fund 1
Sec. 84. Secretary of state
Personal services 2,538,026
Operating expenses 1,087,075
Total 3,625,101
Source of funds
General fund 506,141
Special funds 2,988,960
Interdepartmental transfer 130,000
Total 3,625,101
(a)
The establishment of two (2) new classified positions - one (1) Clerk C
and one (1) Licensing Board Inspector - is authorized in fiscal year 2003. These positions shall be transferred and
converted from existing vacant positions in the executive branch of state
government.
(b)
Of the above appropriation, $15,000.00 shall be used to assist towns in
making their polling places handicap accessible in accordance with ADA
guidelines. Of these funds, up to
$5,000.00 each shall be granted to the towns of Waterville and Woodbury for
this purpose.
(c)
Of the above special fund appropriation, $10,000.00 shall be available
for expenses associated with the annual meeting for the New England Association
of City and Town Clerks.
(d) Notwithstanding 17 V.S.A. §
2855(a), in fiscal year 2003, the secretary of state may make public finance
grants to qualified candidates from the campaign finance fund in anticipation
of receipts coming into the fund.
Sec. 85. FUND TRANSFER
(a) Notwithstanding any other provisions of law,
in fiscal year 2003, the amount of $295,352.00 shall be transferred to the
general fund from the campaign finance fund.
Sec. 86. Secretary of state - corporations
Personal services 304,380
Operating expenses 100,000
Total 404,380
Source of funds
Special funds 404,380
(a)
The above appropriation shall be from the securities and regulation and
supervision fund in accordance with 9 V.S.A. § 4230(b).
Sec. 87. Banking, insurance, securities, and health
care administration - banking
Personal services 1,029,981
Operating expenses 280,050
Total 1,310,031
Source of funds
Special funds 1,310,031
(a)
Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2003, the
commissioner of banking, insurance, securities, and health care administration
may transfer up to $200,000.00 from the securities regulation and supervision
fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 88. Banking, insurance, securities, and health
care administration - insurance
Personal services 2,338,230
Operating expenses 465,206
Total 2,803,436
Source of funds
Special funds 2,803,436
Sec. 89. Banking, insurance, securities, and health
care administration - captive
Personal services 1,552,280
Operating expenses 322,498
Total 1,874,778
Source of funds
Special funds 1,874,778
(a) The establishment of two (2) new classified
positions – Captive Insurance Examiner – is authorized in fiscal year
2003. These positions shall be
transferred and converted from existing vacant positions in the executive
branch of state government.
Sec. 90. Banking, insurance, securities, and health
care administration - administration
Personal services 708,586
Operating expenses 55,252
Total 763,838
Source of funds
Special funds 763,838
Sec. 91. Banking, insurance, securities, and health
care administration - securities
Personal services 486,869
Operating expenses 136,650
Total 623,519
Source of funds
Special funds 623,519
Sec. 92. Banking, insurance, securities, and health
care administration - health care administration
Personal services 2,632,646
Operating expenses 387,166
Total 3,019,812
Source of funds
General fund 535,304
Special funds 2,484,508
Total 3,019,812
Sec. 93. Banking, insurance, securities, and health
care administration - insurance agent licensing
Personal services 302,214
Operating expenses 132,091
Total 434,305
Source of funds
Special funds 434,305
Sec. 94. Public safety - state police
Personal services 31,449,941
Operating expenses 6,107,908
Grants 2,093,465
Total 39,651,314
Source of funds
General fund 14,333,733
Transportation fund 17,287,645
Special funds 2,661,652
Federal funds 4,190,709
Interdepartmental transfer 1,177,575
Total 39,651,314
(a)
The department of public safety shall provide business manager services
for the Vermont criminal justice training council and for the Vermont fire
service training council.
(b)
Of the above transportation fund appropriation, $35,000.00 shall be
available for snowmobile law enforcement activities, and $35,000.00 shall be
available for the statewide snowmobile wilderness search and rescue team, which
is comprised of state police, department of fish and wildlife, county sheriffs
and local law enforcement personnel in Bennington, Windham and Windsor
counties, for snowmobile enforcement.
(c)
Of the above general fund appropriation, up to $880,000.00 shall be used
to purchase vehicles.
(d) The establishment of three (3) new
classified positions - one (1) State Terrorism Manager and two (2) Terrorism
Outreach Coordinator - is authorized in fiscal year 2003. These positions shall be transferred and
converted from existing vacant positions in the executive branch of state government.
Sec. 95. Public safety - criminal justice services
Personal services 4,259,969
Operating expenses 4,734,725
Grants 478,900
Total 9,473,594
Source of funds
General fund 95,000
Transportation fund 3,630,878
Special funds 457,818
Federal funds 4,668,600
Interdepartmental transfer 621,298
Total 9,473,594
(a)
The Vermont center for justice research is designated as the state’s
instrumentality to receive statistical analysis center federal funds.
(b)
The establishment of one (1) new classified position - Forensic Chemist
III - is authorized in fiscal year 2003.
This position shall be transferred and converted from existing vacant
positions in the executive branch of state government.
Sec. 96. Public safety - emergency management
Personal services 1,022,640
Operating expenses 1,149,945
Grants 1,249,247
Total 3,421,832
Source of funds
General fund 48,930
Transportation fund 63,969
Special funds 420,523
Federal funds 2,888,410
Total 3,421,832
Sec. 97. Public safety - governor’s highway safety
program
Personal services 855,084
Operating expenses 300,536
Grants 3,925,566
Total 5,081,186
Source of funds
Transportation fund 172,828
Special funds 362,500
Federal funds 4,545,858
Total 5,081,186
Sec. 97a. Sec. 255(b)(6) of No. 152 of the Acts of
2000, as amended by Sec. 260e of No. 63 of the Acts of 2001, is further amended
to read:
(6) Sixth, an amount not to
exceed $2,000,000 shall be prorated equally and appropriated as follows: to the department of public safety for
vehicle fleet replacement and related fleet expenses and to the office
of the treasurer, for deposit into the higher education endowment fund.
Sec. 98. Agriculture, food and markets -
administration
Personal services 611,075
Operating expenses 298,093
Grants 750,334
Total 1,659,502
Source of funds
General fund 1,256,035
Special funds 13,722
Federal funds 254,211
Interdepartmental transfer 135,534
Total 1,659,502
(a)
Of the above appropriation, $139,000.00 shall be used for the Two‑Plus-Two
scholarship program and $25,000.00 above the department’s submitted budget
shall be spent on conservation district grants.
(b) The commissioner shall not
transfer or reduce any of the funds appropriated in Sec. 102 of this act (state
stipend) in managing the department budget during fiscal year 2003.
(c) Of the above appropriation, the amount of
$75,000.00 shall be expended to support efforts to reauthorize a multi-state
dairy compact. Expenditures for this
purpose may be made only with the approval of the joint fiscal committee if the
legislature is not in session. The
chairs of the house and senate committees on agriculture shall be notified by
the commissioner of agriculture, food and markets when expenditures from the
fund are planned. The general assembly supports the reestablishment of a
multi-state dairy compact, and seeks to encourage other state legislatures to
contribute equitably to this effort. To
this end, expenditures from funds appropriated by this section for this purpose
may not exceed the lesser of $75,000.00 or 20 percent of the total amount of
contributions from all other participating states in the fiscal year.
Sec. 99. Agriculture, food and markets - food safety
and consumer assurance
Personal services 1,843,898
Operating expenses 275,293
Grants 1,492
Total 2,120,683
Source of funds
General fund 1,221,619
Transportation fund 45,824
Special funds 343,833
Federal funds 497,407
Interdepartmental transfer 12,000
Total 2,120,683
Sec. 100. Agriculture, food and markets - agriculture
development
Personal services 599,557
Operating expenses 234,805
Grants 225,842
Total 1,060,204
Source of funds
General fund 564,214
Special funds 395,988
Interdepartmental transfer 100,002
Total 1,060,204
Sec. 101. Agriculture, food and markets - plant
industry and labs
Personal services 1,871,045
Operating expenses 377,915
Total 2,248,960
Source of funds
General fund 626,248
Special funds 1,081,387
Federal funds 333,765
Interdepartmental transfer 207,560
Total 2,248,960
Sec. 102. Agriculture, food and markets - state
stipend
Grants 163,500
Source of funds
General fund 163,500
Sec. 103. Agriculture, food and markets - mosquito
control
Grants 90,000
Source of funds
Special funds 90,000
Sec. 104. Agriculture, food and markets - farm
conservation
Personal services 35,775
Operating expenses 12,000
Total 47,775
Source of funds
Special funds 47,775
Sec. 105. Public service - regulation and energy
Personal services 3,937,560
Operating expenses 639,354
Grants 240,000
Total 4,816,914
Source of funds
Special funds 4,080,912
Federal funds 711,000
Interdepartmental transfer 25,002
Total 4,816,914
Sec. 106. Public service - purchase and sale of power
Personal services 7,824
Operating expenses 365
Total 8,189
Source of funds
Special funds 8,189
Sec. 107. Public service - consumer affairs and public
information
Personal services 252,431
Operating expenses 21,778
Total 274,209
Source of funds
Special funds 274,209
Sec. 108. Enhanced 9-1-1 Board
Personal services 1,955,669
Operating expenses 254,309
Total 2,209,978
Source of funds
Special funds 2,209,978
Sec. 109. Enhanced 9-1-1 Board - training
Personal services 180,390
Source of funds
Special funds 180,390
(a)
The following position is authorized to replace ongoing contractual
services. The establishment of one (1)
new classified position - State 9-1-1 Communications Coordinator - is
authorized in fiscal year 2003. This
position shall be transferred and converted from existing vacant positions in
the executive branch of state government.
Sec. 110. Public service board
Personal services 2,193,063
Operating expenses 335,876
Total 2,528,939
Source of funds
Special funds 2,528,939
Sec. 111. Judiciary
Personal services 21,364,325
Operating expenses 4,975,084
Total 26,339,409
Source of funds
General fund 19,906,952
Transportation fund 3,627,781
Special funds 441,676
Federal funds 172,000
Interdepartmental transfer 2,191,000
Total 26,339,409
(a)
Of the above general fund appropriation, $25,000.00 is for the court
administrator for the purpose of providing enhanced security for the Franklin
County superior court. No permanent
equipment shall be installed and security shall be provided only when superior
court is in session.
Sec. 112. Human rights commission
Personal services 267,218
Operating expenses 96,363
Total 363,581
Source of funds
General fund 262,095
Special funds 1
Federal funds 101,485
Total 363,581
Sec. 113. Vermont radiological emergency response plan
fund
Personal services 400,000
Operating expenses 400,000
Total 800,000
Source of funds
Special funds 800,000
Sec. 114. 20 V.S.A. § 38(a) is amended to read:
(a)
There is created a radiological emergency response plan fund which shall
include all moneys paid to the state pursuant to subdivision (5) of this
subsection. The fund shall be
separately maintained and accounted for by the state treasurer and shall be
administered by the department of finance and management and managed pursuant
to the provisions of chapter 7, subchapter 5 of Title 32. Expenditures shall be made from the fund for
the purpose of providing the personnel, operating costs and equipment necessary
to maintain the effectiveness of the Vermont radiological emergency response
plan.
(1) Provided the expense is determined to be necessary by the
emergency management division, the commissioner of finance and management may
approve reimbursement from the fund to any municipality, county or state agency
or any support organization for the proportion of emergency preparation costs
directly related to the preparation for, testing or carrying out a radiological
emergency response plan. The fund may
be used for personnel, operations or equipment which have the capability of
responding to other in addition to radiological emergencies.
(2) The commissioner of finance and management annually shall submit
to the general assembly a report detailing expenditures from the fund. The report shall include any comments
submitted by any utility which has made payments into the fund and by any
involved municipality, county or state agency.
(3) Any utility making any payment into the
radiological emergency response plan fund shall have the right to audit the
books and records of the fund at any time.
(4) Upon the termination of the Vermont
radiological emergency response plan fund or the permanent cessation of
operation of the reactor having caused the establishment of this fund and the
removal of emergency response plan regulations applicable to it by the Federal
Nuclear Regulatory Commission or any other federal agency having regulatory
jurisdiction, and after all outstanding debts have been paid, all moneys
remaining in the fund shall be promptly paid to the utility having made the
payments.
(5) Each fiscal year:
(A) The commissioner of finance and management shall survey town and
emergency support organizations eligible for reimbursement from the
radiological emergency response plan fund to determine the amounts necessary
for the purposes of this subsection.
(B) Any utility operating a nuclear reactor in this state shall pay
to the state treasurer an amount equal to the amount required to establish or
maintain the Vermont radiological emergency response plan fund at the level of
$400,000.00.
(6) Any moneys remaining in the radiological emergency response plan
fund at the end of any fiscal year shall be carried forward for expenditures in
the next fiscal year and any interest accrued on the moneys shall remain in the
fund.
(a)(1) There is created a
radiological emergency response plan fund, into which any entity operating a
nuclear reactor or storing nuclear fuel and radioactive waste in this state
(referred to hereinafter as “the nuclear power plant”) shall deposit the amount
appropriated to support the Vermont radiological response plan for that fiscal
year, adjusted by any balance in the radiological emergency response plan fund
from the prior fiscal year. The fund
shall be managed in accordance with chapter 7, subchapter 5 of Title 32. Any interest earned on the balance in the
fund shall be retained by the fund.
(2) Expenditures from the fund
shall be made by the division of emergency management, subject to an annual
legislative appropriation. As part of
the annual appropriations process, the division of emergency management shall
present a budget for the ensuing fiscal year that anticipates the expenditures
that will be made from the fund. The
annual budget shall be developed by the division of emergency management in
consultation with the Windham regional planning commission, state agencies, the
management of the nuclear power plant, and the selectboards of the
municipalities in the emergency planning zone and any other municipality
defined by the state as required to support the plan. State personnel with responsibility for local coordination and
plan development shall be physically located in the region, preferably in the
office of the Windham regional planning commission. The annual budget shall include only expenditures necessary to
support the radiological emergency response plan.
(3)
The annual budget shall include anticipated expenditures to
municipalities, county or state agencies, or other organizations necessary to
support the radiological emergency response plan.
(4)
By January 15 of each year, the division of emergency management shall
submit to the general assembly a report detailing expenditures from the fund
for the preceding fiscal year.
(5)
The state shall bill the nuclear power plant on a monthly basis based on
the budget presented and approved by the legislature. The nuclear power plant shall have the right to audit the books and
records of the fund.
(6) Upon the permanent cessation of operation of
the nuclear reactor and final removal of all nuclear fuel and radioactive
waste, and the removal of emergency response plan regulations and state
responsibilities applicable to it by the Federal Nuclear Regulatory Commission
and any other federal agency having regulatory jurisdiction, and after all
outstanding debts have been paid, all monies remaining in the fund shall be
repaid to the nuclear power plant, and the fund terminated.
Sec.
114a. RADIOLOGICAL EMERGENCY RESPONSE
PLAN FUND;
DIVISION OF EMERGENCY MANAGEMENT
(a) All responsibilities of the department and
commissioner of finance and management under 20 V.S.A. § 38(a) shall, in fiscal
year 2003, be assumed by the division of emergency management of the department
of public safety.
Sec. 114b.
RADIOLOGICAL EMERGENCY RESPONSE PLAN FUND;
BUDGETING FOR FISCAL YEAR 2004
(a)
In fiscal year 2003, the division of emergency management in consultation
with the Windham regional planning commission, state agencies, the management
of the nuclear power plant, and the selectboards of the municipalities in the
emergency planning zone shall develop the budget for fiscal year 2004 following
the provisions of 20 V.S.A. § 38(a).
Sec. 115. Fire service training council
Personal services 247,466
Operating expenses 231,543
Grants 20,000
Total 499,009
Source of funds
General fund 251,588
Transportation fund 99,985
Special funds 100,000
Interdepartmental transfer 47,436
Total 499,009
(a) Of the above general fund appropriation,
$20,000.00 shall be allocated on a matching basis to allow rural towns to
obtain defibrillators. Priority
payments shall be made to fire departments or rescue squads of rural towns with
a population of 600 or less, who shall be entitled to an 80 percent matching
grant, if they produce 20 percent of the costs of a defibrillator. If funds are available after making these 80
percent matching grant payments, fire departments or rescue squads of rural
towns with a population of more than 600, but less than 2,500, shall be
entitled to a 50 percent matching grant, if they produce 50 percent of the
costs of a defibrillator.
Sec. 116. Fire service training council - firefighter
1 training
Personal services 404,728
Operating expenses 318,209
Total 722,937
Source of funds
General fund 50,000
Special funds 427,924
Federal funds 160,000
Interdepartmental transfer 85,013
Total 722,937
(a)
Of the federal funds appropriated above, $50,000.00 are in anticipation
of grants for state and local anti-terrorism and emergency preparedness.
Sec. 117. Total protection to persons and property 177,979,589
Source of funds
General fund 61,800,163
Transportation fund 27,559,736
Special funds 38,270,675
Tobacco fund 608,973
Federal funds 38,231,931
Enterprise funds 3,852,821
Interdepartmental transfer 7,655,290
Total 177,979,589
Sec. 118. Human services - agency of human services -
Secretary’s office
Personal services 3,448,275
Operating expenses 1,244,018
Grants 7,850,478
Total 12,542,771
Source of funds
General fund 4,604,618
Special funds 100,000
Tobacco fund 689,000
Federal
funds 6,703,153
Interdepartmental transfer 446,000
Total 12,542,771
(a)
Notwithstanding any other provisions of law, workers employed by persons
who receive assistance from the agency of human services to procure attendant,
personal care, or respite services or who utilize a qualified intermediary
service organization providing services on behalf of the state shall not be
considered state employees, except for purposes of 21 V.S.A. chapter 17.
(b)
Notwithstanding any other provisions of law, the state may provide
workers’ compensation coverage to workers employed by persons who receive
assistance from the agency of human services to procure attendant, personal
care, or respite services, and the state shall not be considered their employer. The state may also either permit a qualified
intermediary service organization to purchase group insurance policies for
persons served by their organization, or deem such persons to be members of an
association and eligible for self insurance under 21 V.S.A. § 687a for purposes
of providing workers’ compensation.
This provision is intended solely to reduce costs of providing workers’
compensation and shall not be considered for any other purpose.
(c)
The establishment of one (1) new exempt position - Juvenile Justice
Director - is authorized in the agency of human services in fiscal year
2003. This position shall be
transferred and converted from existing vacant positions in the executive
branch of state government. The
juvenile justice director shall be a principal assistant to the secretary of
human services. The juvenile justice
director in the agency of human services shall assist the commission to
implement the comprehensive juvenile justice system developed under subsection
3085c(c) of Title 3.
(d) Notwithstanding 32 V.S.A. § 706, the
secretary may transfer funds allocated for the “high risk pool” and costs
related to juvenile justice as outlined in this section to the departments in
the agency of human services designated to provide these services.
(e)
Notwithstanding 33 V.S.A. §§ 5502 and 5517, the agency of human services
may on an ongoing basis seek a CHINS petition for 16 to 17.5‑year‑old
youths who are not in the custody of the state but are at high risk of serious
harm to themselves or others due to problems such as substance abuse,
prostitution or homelessness, and whose needs transcend any one department of
the agency of human services and require complicated clinical interventions
from multiple organizations. Petitions
filed pursuant to this section shall set forth facts supporting the specific
requirements of this section, and that it is in the best interests of the child
to be considered as a child in need of care or supervision. If the court finds all of the allegations
set forth in the petition have been established, it shall find the child is in
need of care or supervision. All proceedings initiated pursuant to this section
shall be conducted in accordance with the requirements of chapter 55 of Title
33. Services will be provided through a
coordinated effort by the agency of human services, the department of
education, and community-based interagency teams. Of the above appropriation, $200,000.00 in tobacco funds with any
available matching federal funds shall be made available for the services under
this program.
(f)
Planning and partnership activities regarding services for youth aged 16
to 22 in which the agency participates with communities and across departments
of state government shall include consideration of how the Job Corps in
Vergennes can be utilized to maximum benefit for the target population.
(g)
Of the above tobacco settlement funds, $49,000.00 shall be used to
provide a grant to the Project Against Violent Encounters for a statewide
program for substance abuse prevention and mentoring program for youth.
(h) Of the above tobacco fund appropriation,
$100,000.00 shall be used for a grant to Lamoille County People In Partnership
for wrap-around services for at-risk youth.
(i)
Of the above tobacco fund appropriation, $100,000.00 with any
corresponding federal matching funds shall be for comprehensive treatment
services and $25,000.00 for safe housing provisions for at-risk youth.
(j)
Of the above appropriation, $60,000.00 shall be granted to Prevent Child
Abuse Vermont for comprehensive health education and violence prevention
curriculum for seventh and eighth grade students.
(k) Of the above tobacco fund appropriation,
$90,000.00 shall be used for recovery services; specifically, the establishment
of community recovery centers. A
recovery center is a local, consumer driven center providing peer support
groups, sober recreation activities, advocacy, and community education designed
to assist people in maintaining an alcohol and drug free lifestyle, through age,
gender, and culturally appropriate programs.
(1) The division of alcohol and drug abuse
programs shall contract with one or more experienced recovery centers to
develop at least three other recovery centers located around the state.
(2) The division of alcohol and drug abuse
programs shall work jointly with the department of developmental and mental
health services to develop and implement a recovery training program.
(l)
Of the above general funds, $5,000.00 shall be granted to the Vermont
Council of Girl Scouts to support a Girl Scout special project to assist girls
with incarcerated mothers.
(m)
The secretary of the agency of human services and the secretary of
administration, in consultation and cooperation with the joint fiscal office
and the legislative council, shall prepare and recommend a plan for
reorganization of the agency of human services, including a specific proposal
for the most appropriate location, structure and funding for the office of
alcohol and drug abuse programs, as well as tobacco programs within the
department of health. The plan shall
provide for revisions of the agency’s organizational structure, personnel,
budgeting and management, and be presented to the legislature on or before
December 15, 2002. The plan for the reorganization
of the agency shall strive to achieve the following objectives:
(1) To ensure that public funds are wisely
spent;
(2) To provide coordination of, and
accountability for all programs and services administered by the agency;
(3) To eliminate overlapping responsibility for
programs and services;
(4) To facilitate communications within the
agency and with other entities including, local, state and federal governmental
bodies, as well as private service providers;
(5) To enhance the efficiency and effectiveness
of the agency programs, services and activities; and
(6) To develop and implement measurements of
program quality and outcomes.
(n)
The above tobacco settlement fund appropriations are made,
notwithstanding 18 V.S.A. chapter 225.
Sec. 118a.
3 V.S.A. § 3085c is added to read:
§ 3085c.
COMMISSION ON JUVENILE JUSTICE
(a)
The commission on juvenile justice is created as a joint venture between
the department of social and rehabilitation services and the department of
corrections.
(b)
The commission shall be composed of three members:
(1)
The juvenile justice director, who shall be chair of the commission.
(2)
The commissioner of the department of social and rehabilitation
services.
(3)
The commissioner of the department of corrections.
(c)
The commission on juvenile justice shall have the following duties:
(1)
To develop a comprehensive system of juvenile justice for persons under
age 21 who commit delinquent or criminal acts, including utilization of
probation services, a range of community-based treatment, training and
rehabilitation programs, and secure detention and treatment programs when
necessary in the interests of public safety, designed with the objective of
preparing those persons to live in their communities as productive and mature
adults. The program developed by the
commission shall be consistent with the policy that a successful juvenile
justice system should:
(A)
Hold juveniles accountable for their unlawful conduct.
(B)
Provide secure and therapeutic confinement to juveniles who pose a
danger to the community.
(C)
Adequately protect both juveniles and the community.
(D)
Provide community-based programs and services that are located as
closely as possible to the juvenile’s community.
(E)
Maintain juveniles in their homes, with adequate support, whenever
possible and appropriate.
(F)
Use individualized case management plans as the basis for all treatment
planning and implementation.
(G)
Include the juvenile’s family in the case management plan.
(H)
Monitor the case management plan to encourage rehabilitation and deter
reoffending, providing supervision, service coordination and support where
appropriate.
(I)
Provide a comprehensive aftercare component, including
follow-up and nonresidential postrelease services
when juveniles return to their families or communities.
(J)
Promote the development and implementation of
community-based programs designed to prevent
unlawful conduct and to minimize the depth and duration of the juvenile’s
involvement in the criminal justice system.
(K)
Be coordinated with consistency between all departments throughout the
state, both with respect to general policy and to particular cases.
(2)
To advise state agencies on matters of state policy relating to juvenile
justice.
(3) To
evaluate the adequacy of existing services to individuals involved in the
juvenile justice system and their families, and to conduct studies to identify
gaps in these services. These studies
may include access to juvenile justice-related services and support for
families of individuals involved in the juvenile justice system.
(4)
To identify strategies and recommend resources to expand successful
existing services.
(5)
To review or participate in the development of laws, rules and other
governmental initiatives which may affect individuals involved in the juvenile
justice system and their families.
(6)
To provide advice regarding revisions, coordination of services,
accountability and appropriations.
(7)
To cooperate with appropriate federal agencies in maximizing the receipt
of funds in support of programs relating to juvenile justice, particularly
those involving persons charged as youthful offenders under section 5505 of
Title 33.
(d)(1)
There are established within the commission, and reporting to the
juvenile justice director, the following positions:
(A)
A prevention specialist, responsible for programs intended to reduce
delinquency and crime among juvenile offenders, including mentoring programs,
early assessments, substance abuse screening, child care services, afterschool
programs, and screening for problems which contribute to delinquency and
juvenile crime.
(B)
An alternative sanctions specialist, responsible for programs providing
alternatives to incarceration, including court diversion, probation, reparative
boards, and community justice programs.
(2)
The specialists designated under subdivision (1) of this subsection
shall:
(A)
Work with communities throughout the state, and analyze data and
outcomes, to evaluate the efficiency and success of juvenile justice programs.
(B)
Monitor the statewide and cross-departmental consistency and
coordination of juvenile justice programs, and the development of the
comprehensive system of juvenile justice required by this section.
(C)
Work in district offices with probation officers, case workers and other
personnel of the departments of social and rehabilitation services and of
corrections to ensure that state juvenile justice programs and case plans are
administered in a manner consistent with the policies of this section, and with
the statutes and rules pertaining to each specialty area.
(e)(1)
A juvenile justice policy subcommittee is created within the
commission. The subcommittee shall be
composed of the following members:
(A)
the secretary of the agency of human services, who shall be the chair;
(B)
three representatives, who shall be appointed by the speaker of the
house;
(C)
three senators, who shall be appointed by the committee on committees;
(D)
the secretary of the agency of administration;
(E)
the defender general;
(F)
a representative of the runaway youth coalition of Vermont;
(G)
a representative of the Vermont parent child center network;
(H)
a representative of the Vermont coalition of residential programs;
(I)
a representative of the department of developmental and mental health
services’ designated community mental health centers;
(J)
a representative of the Vermont center for crime victim services;
(K)
a representative of the state’s attorneys’ association;
(L) a
representative from the judicial branch of state government; and
(M)
a representative from the police chiefs’ association.
(2)
The subcommittee shall:
(A)
Advise the commission on the development of a comprehensive juvenile
justice system.
(B)
Hold monthly public meetings to determine how issues related to juvenile
justice are impacting Vermont communities.
(C)
Coordinate with the children and family council for prevention programs
on the juvenile justice block grant budget and on any other federal grants
relating to juvenile justice.
(D)
Report to the governor and the general assembly no later than December 1
of each year. The report shall include
an evaluation of the strengths and weaknesses and successes and failures of the
comprehensive juvenile justice and youthful offender system; recommendations to
improve the program; and a detailed report on the development, implementation,
and operation of the program.
(E)
Examine existing policy and, where needed, make policy recommendations
in at least the following areas: access
to early care, education and prevention; effective use of Vermont’s home
visiting and family support resources; provision of juvenile justice;
coordination of out‑of‑schooltime services; and efforts to
eradicate adolescent substance abuse.
(f)
The departments of social and rehabilitation services and of corrections
shall provide the commission with administrative support.
(g)
The juvenile justice commission, the juvenile justice policy
subcommittee, the children and family council for prevention programs, and the
governor’s cabinet for children and youth shall coordinate activities and,
wherever possible, consolidate meetings to promote effective and efficient uses
of resources and to minimize duplication.
Sec. 118b.
TRANSFERRED POSITIONS
(a)
One position is transferred from the department of social and
rehabilitation services to the commission on juvenile justice for the purposes
of the position of prevention specialist created under subdivision 3085c(d)(1)(A)
of Title 3.
(b)
One position is transferred from the department of corrections to the
commission on juvenile justice for the purposes of the position of alternative
sanctions specialist created under subdivision 3085c(d)(1)(B) of Title 3.
Sec. 118c.
33 V.S.A. § 311 is amended to read:
§ 311.
DELINQUENT CHILD SERVICES; PURPOSE AND
RESPONSIBILITY
The department of social and rehabilitation
services, in cooperation with the department of corrections, shall have
the purpose and responsibility to develop and administer a comprehensive
program, developed by the commission on juvenile justice established
pursuant to section 3085c of Title 3, for youthful offenders and
children who commit delinquent acts, including utilization of probation
services, a range of community-based treatment, training and rehabilitation
programs and secure detention and treatment programs when necessary in the
interests of public safety, designed with the objective of preparing those
children to live in their communities as productive and mature adults.
Sec. 118d.
33 V.S.A. § 5505(f) is amended to read:
(f) If
the state elects to file charges in criminal court pursuant to subsection (c)
of this section, the defendant A defendant in a criminal proceeding who
has attained the age of 16 but not the age of 18 at the time the offense is
alleged to have been committed may file a motion requesting treatment as a
youthful offender. The court may
transfer the proceeding to family court if it finds:
(1) the defendant has previously been adjudicated
a delinquent child or has previously been convicted of a crime;
(2) the defendant enters a plea of guilty or
nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules
of Criminal Procedure;
(3) the defendant is amenable to treatment or
rehabilitation as a youthful offender; and
(4) public safety will be secured by treating
the defendant as a youthful offender.
Sec. 118e.
33 V.S.A. § 5518 is amended to read:
§ 5518.
PETITION, CONTENTS
The petition shall be verified and may be on
information and belief. It shall set
forth plainly:
(1) The facts which bring the child within the
jurisdiction of the court, together with a statement that it is in the best
interests of the child and the public that the proceedings be brought;
(2) The name, age, and residence addresses, if
known to petitioner, of the parent or custodial and noncustodial
parents having custody, the guardian or custodian of the child if other
than parent, or, if there is no parent, guardian or custodian residing within
the state, or if his or her residence address is unknown, of any known
adult relative or person having the child under his or her supervision,
or, if there be none, the known adult relative or such person residing nearest
to the location of the court;
(3) Whether the child has been taken into
custody under section 5510 of this title and, if so, the place of his or her
detention and the time the child was taken into custody.
Sec. 118f.
33 V.S.A. § 5519a is added to read:
§ 5519a.
NOTICE OF HEARING; NONCUSTODIAL PARENTS
The court shall make reasonably diligent
efforts to locate noncustodial parents and notify them of hearings held
pursuant to this chapter. No hearing
shall be delayed or proceeding voided by reason of the inability of the court
to locate or notify the noncustodial parent.
This section shall not be construed to afford party status to a person
who would not otherwise be entitled to party status under this chapter.
Sec. 118g.
33 V.S.A. § 5529b is amended to read:
§ 5529b.
DISPOSITION OF YOUTHFUL OFFENDERS
(a)
Upon the transfer of a case pursuant to subsection 5505(e) or (f) of
this title, the court shall impose sentence.
That sentence shall then be suspended and replaced with a juvenile
disposition pursuant to section 5529 of this title.
(b)
Copies of all records relating to the criminal sentence imposed under
subsection (a) of this section shall be forwarded to the district court and
filed in the defendant’s criminal case file.
(c)
In determining an appropriate disposition, the court shall obtain input
from the child’s parents, custodians or guardians, teachers, treatment
providers, clergy, and all other persons that the court deems necessary. Upon the imposition of a criminal sentence, the
jurisdiction of the family court shall cease and thereafter shall be assumed by
the district court.
(d)
When practicable, the same judge who granted the motion requesting
treatment as a youthful offender shall impose sentence and disposition under
this section.
(e)(1)
The departments of social and rehabilitation services and of corrections
shall have dual responsibility for supervising all persons treated as youthful
offenders pursuant to subsection 5505(e) or (f) of this title.
(2) When a case is transferred for youthful
offender adjudication pursuant to subsection 5505(e) or (f) of this title:
(A)
The departments of social and rehabilitation services and of corrections
shall:
(i) each open and maintain a file on the
offender;
(ii) develop a joint case plan for the offender;
and
(iii) coordinate services and share information to
ensure compliance with, and completion of, the juvenile disposition.
(B)
A lead case manager shall be designated who shall have final
decision-making authority over the case plan and the provision of services to
the offender. For offenders younger
than age 18, the lead case manager shall be designated by the department of
social and rehabilitation services. For
offenders age 18 and older, the lead case manager shall be designated by the
department of corrections.
(C)
The offender shall be eligible for all age-appropriate community‑based
programming and services provided by the departments of social and
rehabilitation services and of corrections.
Sec. 118h.
33 V.S.A. § 5801(d) is added to read:
§ 5801. WOODSIDE JUVENILE REHABILITATION
CENTER
* * *
(d)
Notwithstanding any other provision of law, a person under the age of 18
at the time of the offense charged may be detained at the facility if the
offense charged is a misdemeanor as defined in section 1 of Title 13, provided
the person is adjudicated a youthful offender under section 5505 of this title,
and no person over the age of 18 may be detained at the facility.
Sec. 118i.
JUVENILE JUSTICE DIRECTOR
(a)
The governor shall appoint a juvenile justice director, reporting
directly to the secretary of the agency of human services, who shall have the
responsibility and authority to monitor and coordinate all state and
participating regional and local programs that deal with juvenile justice issues,
including prevention, education, enforcement, adjudication and rehabilitation.
(b)
The juvenile justice director shall ensure that the following occur:
(1) Development of a comprehensive plan for a
coordinated and sustained statewide program to reduce the number of juvenile
offenders, involving state, regional and local officials in the areas of
health, education, prevention, law enforcement, corrections, teen activities
and community wellness.
(2) Cooperation among state, regional and local
officials, court personnel, service providers and law enforcement agencies in
the formulation and execution of a coordinated statewide juvenile justice
program.
(3) Cooperation among appropriate departments,
including, but not limited to, the departments of education, corrections,
social and rehabilitation services, employment and training, developmental and
mental health services, and public safety, and the office of alcohol and drug
abuse programs.
(4) Study of issues relating to juvenile justice
and development of recommendations regarding changes in law and rules, as
deemed advisable.
(5) Compilation of data on issues relating to
juvenile justice, and analysis, study and organization of such data for use by
educators, researchers, policy advocates, administrators, legislators and the
governor.
Sec. 118j.
JUVENILE JUSTICE REPORTS
(a)
The juvenile justice commission and the juvenile justice policy
subcommittee shall report to the senate and house committees on judiciary and
on appropriations on or before January 15, 2003. The report shall include:
(1)
A status report on the development of alternative placements for 16 and
17-year-old misdemeanants by the departments of social and rehabilitation
services and of corrections.
(2)
Proposed designs for specialized treatment programs for young offenders,
to be operated as specialized living unit programs, separated from adult
offenders, within the department of corrections. The proposed designs shall incorporate treatment approaches
developed specifically for young offenders, and designed to return the offender
to the community prepared to play a successful and positive role, including
education, substance abuse treatment, mental health counseling, and employment
and vocational training.
(3) Proposals for the implementation of a system
of graduated sanctions for juveniles who violate the terms of disposition
orders. For purposes of this
subdivision, “graduated sanctions” means a continuum of consequences, designed
to achieve compliance with the disposition order, which becomes increasingly
more severe as the number and severity of the violations increase.
Sec. 119. 3 V.S.A. § 3026(a) is amended to read:
(a)
The secretary of human services, the commissioner of education, and the
president of the University of Vermont shall establish a research partnership
to study and make recommendations for improving the effectiveness of state and
local health, human services, and education programs. Critical program outcomes relating to the well-being of
Vermonters that should be addressed by the research partnership may include,
without limitation, the following:
(1)
Children, families and individuals are engaged in and contribute to
their community’s decisions and activities.
(2)
Pregnant woman and children thrive.
(3)
Children are ready for school.
(4)
Children succeed in school.
(5)
Children live in stable, supported families.
(6)
Youth choose healthy behaviors.
(7)
Youth successfully transition to adulthood.
(8)
Elders and people with disabilities live with dignity and independence
in settings they prefer.
(9)
Families and individuals live in safe and supportive communities.
(10) Adults lead healthy and productive lives.
Sec. 119a.
AGENCY OF HUMAN SERVICES GRANTS; REVOLVING
FUNDS; NONPROFIT ENTITIES
(a) The agency of human services shall study the
feasibility of extending or leveraging the amount of resources available for
loans and grants from various revolving funds established to support agency of
human services programs and services, such as the Vermont adaptive equipment
revolving fund established by chapter 77 of Title 33. The agency shall evaluate whether providing such revolving funds
to private nonprofit entities for distribution through them of grants and loans
to eligible recipients can effectively increase the total funds available for
the purposes of each program. In its
evaluation, the agency shall consider the establishment of appropriate controls
to ensure that funds are expended or loaned only for purposes authorized by
law, that grant award and lending criteria are no more restrictive than
authorized by the state under each program, and that adequate reporting and
accounting requirements are in place.
The agency shall present its findings and recommendations to the house
and senate committees on appropriations on or before January 15, 2003.
Sec. 120. Rate setting
Personal services 593,304
Operating expenses 62,176
Total 655,480
Source of funds
Interdepartmental transfer 655,480
Sec. 120a. 33 V.S.A. § 1954(a) is amended to read:
(a)
Beginning July 1, 2001 2002, each nursing home’s annual
assessment shall be $2,768.69 $3,166.29 per bed licensed pursuant
to section 7105 of this title on June 30 of the immediately preceding fiscal year. From the beginning of state fiscal year
2000, the annual assessment for each bed licensed as of the beginning of the
fiscal year shall be prorated for the number of days during which the bed was
actually licensed and any overpayment shall be refunded to the facility. To receive the refund, a facility shall
notify the commissioner, in writing, of the size of the decrease in the number
of its licensed beds and dates on which the beds ceased to be licensed.
Sec. 120b. PNMI RATE SETTING
(a) Notwithstanding the provisions of the
division of rate setting rules “Methods, Standards and Principles for
Establishing Payment Rates for Private Non-medical Institutions Providing
Residential Child Care Services”, § 4.17, relating to applied revenues, rates
set for programs run by the Baird Center for Children and Families shall not
take into account funds made available to the Baird Center through federal
grant # H324E016001.
Sec. 121. Human services board
Personal services 232,382
Operating expenses 19,092
Total 251,474
Source of funds
General fund 98,500
Federal funds 114,706
Interdepartmental transfer 38,268
Total 251,474
Sec. 122. Developmental disabilities council
Personal services 94,177
Operating expenses 37,011
Grants 271,905
Total 403,093
Source of funds
Federal funds 403,093
Sec. 123. Office of child support services
Personal services 6,619,561
Operating expenses 3,326,254
Total 9,945,815
Source of funds
General fund 1,144,105
Special funds 454,125
Federal funds 8,240,485
Interdepartmental transfer 107,100
Total 9,945,815
Sec. 124. Health - administration and support
Personal services 2,836,148
Operating expenses 923,333
Total 3,759,481
Source of funds
General fund 1,138,033
Special funds 76,751
Federal funds 2,539,697
Interdepartmental transfer 5,000
Total 3,759,481
Sec. 125. Health - health protection
Personal services 2,950,855
Operating expenses 650,861
Grants 121,700
Total 3,723,416
Source of funds
General fund 1,397,068
Special funds 927,500
Federal funds 1,064,793
Interdepartmental transfer 334,055
Total 3,723,416
Sec. 126. Health - health surveillance
Personal services 5,470,751
Operating expenses 1,795,124
Grants 2,520,800
Total 9,786,675
Source of funds
General fund 3,805,245
Special funds 1,022,250
Federal funds 4,866,115
Permanent trust 10,000
Interdepartmental transfer 83,065
Total 9,786,675
(a)
Of the above general fund appropriation, $300,000.00 shall be
appropriated to the Vermont AIDS service organizations for client-based support
services. The grants in this section
shall be awarded equitably, on a per‑client basis, and shall be used for
services only, not administrative or other purposes. The method by which AIDS service organizations’ clients are
counted shall be determined by mutual agreement of the department of health,
the AIDS service organizations, and the HIV/AIDS service advisory council
(HASAC).
(b)
Of the above federal fund appropriation, the Ryan White Title II federal
service funds shall be used for direct client-based support services, including
services that assist people living with HIV/AIDS to access medical care. The department shall follow federal
guidelines, and shall be advised by the HIV/AIDS service advisory council
(HASAC) for the purpose of prioritization of the use of these funds. Criteria shall be developed by the
department, in collaboration with the HASAC, to govern situations when the
department may select providers outside the existing AIDS service organizations
network to receive part of these Ryan White Title II funds.
Sec. 127. HIV/AIDS MEDICAL ASSISTANCE PROGRAM
(a)
Of the general fund appropriation in this act for Health - health
surveillance, $175,000.00 shall be used for all aspects of the HIV/AIDS
medication assistance program (AMAP), including the costs of prescribed
medications, related laboratory testing, nutritional supplements and maximum
cost‑effectiveness for the program.
(b)
The secretary of human services shall immediately notify the joint
fiscal committee if, at any time, there are insufficient funds in AMAP to
assist all eligible individuals. The
secretary shall work in cooperation with persons living with HIV/AIDS to
develop a plan to continue access to AMAP medications until such time as the
legislature can take action.
(c)
The secretary of human services shall work in conjunction with the AMAP
advisory committee, comprised of no less than 50 percent of members who are
living with HIV/AIDS. The committee
shall make recommendations regarding the program’s formulary of approved
medication, related laboratory testing, nutritional supplements and eligibility
for the program.
Sec. 128. Health - health improvement
Personal services 6,466,272
Operating expenses 1,492,659
Grants 9,624,284
Total 17,583,215
Source of funds
General fund 2,748,181
Special funds 783,801
Tobacco fund 3,950,000
Federal
funds 9,922,669
Interdepartmental transfer 178,564
Total 17,583,215
(a)
The department of health may carry forward any unspent portion of funds
designated for health professional loan repayment. These funds may be used either alone or to match Federal National
Health Service Corps loan repayment funds, local funds, or private funds, and
shall be made available to primary care providers, dentists, and licensed
nurses who agree to practice for a prescribed period of time in the state, serving
a portion of the state designated as a health professional shortage population,
or other rural or underserved areas.
Educational scholarships, loan repayment grants, loan deferment
payments, and payments of taxes due on the award may be considered for payment.
(b)
Of the above appropriation, $300,000.00 is to support the Vermont
coalition of clinics for the uninsured health care and dental services provided
by clinics for uninsured individuals and families. The coalition shall report to the general assembly, on or before
January 1 of each year, with a fiscal and program accounting of expenditures
made with the monies appropriated by the general assembly.
(c)
The above tobacco appropriation in this section shall be utilized
according to the provisions of chapter 225 of Title 18, as follows:
(1) community-based activities - $1,040,000.00;
(2) countermarketing - $950,000.00;
(3) tobacco cessation programs - $1,200,000.00;
(4) statewide programs - $190,000.00; and
(5) program surveillance and evaluation - $570,000.00.
Sec. 129. 18 V.S.A. § 10 is amended to read:
§ 10.
EDUCATIONAL ASSISTANCE; INCENTIVES; NURSES
(a)
A Vermont resident enrolled in an accredited registered nursing or
licensed practical nursing program in Vermont, is eligible for a loan of up to
$6,000.00 per year provided:
(1) graduation from the program
will result in eligibility to sit for the NCLEX-RN nursing examination in the
case of a registered nurse or the NCLEX-PN in the case of a licensed practical
nurse; and
(2)
the student is enrolled as a full time student in the program.
(b)
The amount of up to $6,000.00 of a loan awarded under this section shall
be cancelled and forgiven for each year the student is a resident of Vermont
and employed as a registered nurse or licensed practical nurse in
Vermont or at an accredited hospital within 10 miles of the Vermont border. Eligibility for this program shall be
determined by the department of health, in consultation with schools,
providers and the Area Health Education Center (AHEC). The commissioner may require certification
of compliance with this subsection prior to forgiving all or a portion of the
loan.
(c)
The commissioner shall award up to $6,000.00 per year for up to four
years, to any licensed registered nurse or practical nurse who has
outstanding educational loans and who has not received or is not eligible
to receive loan forgiveness under subsection (b) of this section, for each year
the nurse is employed as a registered or practical nurse. Eligibility for this program shall be
determined by the department of health, in consultation with schools,
providers and the AHEC. The
commissioner may require certification of compliance with this subsection prior
to making an award.
(d) In
any year in which the commissioner does not have sufficient funds to carry out
the provisions of this section, the The commissioner shall use funds
appropriated first to provide loans and loan forgiveness pursuant to
subsections (a) and (b) of this section.
Remaining funds shall be used to provide awards pursuant to subsection
(c) of this section, giving priority to those nurses serving in an
undersupplied nursing specialty or in a geographic area of Vermont which is
underserved.
(e)
This program shall apply to registered nurses or licensed practical
nurses who have graduated after April 1, 2001.
(f) This section shall be repealed effective
June 30, 2005.
Sec. 130. Health - community public health
Personal services 9,959,322
Operating expenses 1,522,480
Grants 12,428,236
Total 23,910,038
Source of funds
General fund 4,570,113
Special funds 558,700
Federal funds 18,695,225
Interdepartmental transfer 86,000
Total 23,910,038
Sec. 131. Health -
alcohol and drug abuse programs
Personal services 2,236,451
Operating expenses 480,942
Grants 11,934,652
Total 14,652,045
Source of funds
General fund 4,075,413
Special funds 86,000
Tobacco fund 2,206,000
Federal funds 8,284,632
Total 14,652,045
(a)
For the purpose of meeting the need for outpatient substance abuse
services when the preferred provider system has a waiting list of five days or
more, or there is a lack of qualified clinicians to provide services in a
region of the state, a state-qualified alcohol and drug abuse counselor may
apply to the department of health, division of alcohol and drug abuse programs,
for time‑limited authorization to participate as a Medicaid provider to
deliver clinical and case coordination services, as authorized.
(b)
Of the above tobacco fund appropriation, $500,000.00 shall be granted
for opiate treatment.
(c)
Of the above appropriation, Maple Leaf Farm shall be reimbursed for
Medicaid and uninsured (ADAP grant) at a combined rate of $157.00 per day for
primary and residential care.
(d)(1)
In accordance with federal law, the division of alcohol and drug abuse
programs may use the following interim criteria to determine whether to enroll
a state-supported Medicaid and uninsured population substance abuse program in
the division’s network of designated providers, as described in the state plan:
(A)
The program’s ability to provide the quality, quantity and levels of
care required under the division’s standards, licensure standards, and
accreditation standards established by the Commission of Accreditation of
Rehabilitation Facilities, the Joint Commission on Accreditation of Healthcare
Organizations, or the Commission on Accreditation for Family Services.
(B)
Any program that is currently being funded in the existing network shall
continue to be a designated program until further standards are developed,
provided the standards identified in subdivision (1) of this subsection are
satisfied.
(C)
All programs shall continue to fulfill grant or contract agreements.
(2)
The provisions of subdivision (1) of this subsection shall not preclude
the division’s “request for bids” process.
(3)(A)
A commission on the state Medicaid and uninsured substance abuse
treatment provider reimbursement network is created to consider whether to
create a preferred provider system, or whether to create an any willing
provider system. If the commission
recommends creating a preferred provider system, it shall recommend criteria to
use when designating and undesignating a preferred provider.
(B) The
commission’s findings and recommendations shall be reported to the house and
senate committees on appropriations and on health and welfare on or before
January 1, 2003.
(C)
The commission shall consist of the director of the division of drug and
alcohol abuse programs, two members of the house of representatives appointed
by the speaker of the house, two members of the senate appointed by the
committee on committees, the president of the Vermont Association of Addiction
Treatment Programs, and five additional members appointed by the secretary of
human services: a representative of
Friends of Recovery, a private practitioner, a representative of an inpatient
treatment program, a representative of an outpatient treatment program, and a
representative of the agency of human services with knowledge and experience in
the Medicaid program.
(D)
The secretary shall appoint members on or before July 1, 2002, and shall
convene the first meeting of the commission within 30 days following initial
appointments. The secretary shall
appoint a chair and vice chair at the first meeting. Commission members shall serve without compensation, except that
legislative members shall receive per diem compensation and reimbursement of expenses
in accordance with 2 V.S.A. § 406.
The agency of human services shall provide professional and
administrative support to the commission.
(4)
The provisions of this subsection shall be repealed on June 30, 2003.
Sec. 131a.
FISCAL YEAR 2002 OFFICE OF ALCOHOL AND DRUG
ABUSE
PROGRAMS BUDGET ADJUSTMENT
(a) There is appropriated to the office of
alcohol and drug abuse programs $100,000.00 in general funds for opiate
treatment programs in fiscal year 2002.
(b) Notwithstanding any other provision of law,
up to $410,000.00 in unexpended funds remaining in the tobacco litigation
settlement fund for fiscal year 2001 or 2002 is appropriated to the department
of health, office of alcohol and drug abuse programs for opiate treatment
programs in fiscal year 2002.
Sec. 132. OPIATE ADDICTION TREATMENT
(a)
Notwithstanding the provisions of 18 V.S.A. § 4702(b)(7), the
commissioner of health may approve up to five opiate addiction treatment
programs operated by, and located outside of, a hospital or medical school,
after consideration of the space requirements and space availability at the
hospital or medical school, provided the program is located in a multi-use
building so the purpose for which a person is entering or leaving the building
is not obvious. Programs approved by
the commissioner shall be located in close proximity to other medical and
social services, and shall not be geographically located in isolated community
settings.
Sec. 133. REIMBURSEMENT RATES FOR OPIATE ADDICTION
TREATMENT PROGRAMS
(a)
The commissioner of health shall establish, after conducting
negotiations with hospitals and medical schools, reimbursement rates that
reflect the reasonable cost of authorized opiate addiction treatment programs.
Sec. 134. Medical practice board
Personal services 481,742
Operating expenses 114,497
Total 596,239
Source of funds
Special funds 596,239
Sec. 135. Medical practice board - Vermont
practitioner health program
Personal services 40,000
Source of funds
Special funds 40,000
Sec. 136. Social and rehabilitation services -
administrative and support services
Personal services 1,925,058
Operating expenses 303,442
Total 2,228,500
Source of funds
General fund 1,015,032
Federal funds 1,213,468
Total 2,228,500
Sec. 137. Social and rehabilitation services - social
services
Personal services 15,552,390
Operating expenses 2,605,799
Grants 47,591,473
Total 65,749,662
Source of funds
General fund 24,531,072
Special funds 962,450
Tobacco funds 75,000
Federal funds 40,181,140
Total 65,749,662
(a)
Of the above appropriation, $681,580.00 shall be used to support runaway
youth with crisis and family stabilization support services. Funds in this section shall be provided to
the Vermont coalition of runaway and homeless youth programs through a grant
from the agency of human services for the purpose of reducing the rate of
out-of-home placements by coordinating with the departments of developmental
and mental health services and of social and rehabilitation services immediate
response and family stabilization programs and other community‑based
programs that maximize federal receipts, including the coordination of data
collection and tracking outcomes for children, youth and families.
Sec. 138. Social and rehabilitation services - child
care services
Personal services 1,711,859
Operating expenses 389,063
Grants 27,581,981
Total 29,682,903
Source of funds
General fund 5,867,402
Transportation fund 75,000
Special funds 832,000
Federal funds 22,831,249
Interdepartmental transfer 77,252
Total 29,682,903
(a) The division of child care services shall
not impose a cap on the number of subsidized child care scale slots without
prior review of program utilization during the fiscal year 2003 budget
adjustment process.
(b)
Of the above federal fund appropriation, $100,000.00 shall be
transferred to the building bright spaces for bright futures special fund in
33 V.S.A. § 3531.
Sec. 139. 33 V.S.A. chapter 35, subchapter 4 is added to read:
Subchapter 4. Child Care Facilities Financing
§ 3531.
CHILD CARE - BUILDING BRIGHT SPACES FOR BRIGHT
FUTURES FUND
(a) A child care facilities financing program is
established to facilitate the development and expansion of child care
facilities in the state. The program
shall be administered by the department of social and rehabilitation services.
(b) The program shall be supported from a
special fund, to be known as the “building bright spaces for bright futures
fund,” hereinafter referred to as “the bright futures fund,” hereby created for
this purpose to be administered by the commissioner of social and
rehabilitation services. Subject to approvals
required by 32 V.S.A § 5, the fund may accept gifts and donations from any
source, and the commissioner may take appropriate actions to encourage
contributions and designations to the account, including publicizing
explanations of the purposes of the fund and the uses to which the bright futures
fund has been or will be applied.
(c) The commissioner shall award grants from the
fund to eligible applicants for development and expansion of child care
facilities in the state. The
commissioner shall establish, by rule, criteria, conditions and procedures for
awarding such grants and administering this program.
Sec. 140. Notwithstanding Sec. 16 of Act No. 189 of the Acts of 1996 as amended
by Sec. 244a of Act No. 152 of 2000 and Sec. 12g of Act No. 155 of 2000, 23
V.S.A. § 304c is added to read:
§ 304c.
MOTOR VEHICLE REGISTRATION PLATES:
BUILDING
BRIGHT SPACES FOR BRIGHT FUTURES FUND
(a) The commissioner shall, upon application,
issue “building bright spaces for bright futures fund,” hereinafter referred to
as “the bright futures fund,” registration plates for use only on vehicles
registered at the pleasure car rate and on trucks registered for not more than
8,099 pounds. Plates so acquired shall
be mounted on the front and rear of the vehicle. The commissioner of motor vehicles shall utilize the graphic
design recommended by the commissioner of social and rehabilitation services
for the special plates to enhance the public awareness of the state’s interest
in supporting children’s services.
Applicants shall apply on forms prescribed by the commissioner of motor
vehicles, and shall pay an initial fee of $20.00 in addition to the annual fee
for registration. In following years,
in addition to the annual registration fee, the holder of a bright futures fund
plate shall pay a renewal fee of $20.00.
The commissioner shall adopt rules under 3 V.S.A. chapter 25 to
implement the provisions of this subsection.
(b) Fees collected under subsection (a) of this
section shall be allocated as follows:
(1) $5.00 to the transportation fund.
(2) $15.00 to the department of social and
rehabilitation services for deposit in the bright futures fund created in 33
V.S.A. § 3531.
(c) Renewal fees collected under subsection (a)
of this section shall be allocated as follows:
(1) $17.00 to the department of social and
rehabilitation services for deposit in the bright futures fund in 33 V.S.A. §
3531.
(2) $3.00 to the transportation fund.
(d) The department of motor vehicles shall not
be charged by the department of corrections for the development and production
of the bright futures fund license plates.
Sec. 141.
TRANSPORTATION COMMITTEE APPROVAL
(a) Prior to the adoption of a design for the
bright futures fund license plate under 23 V.S.A. § 304c, the commissioner
shall seek design approval from the house and senate committees on
transportation during the 2003 legislative session.
(b) The bright futures fund motor vehicle
registration plates shall be available to the public on July 1, 2003.
Sec. 142. Social and rehabilitation services -
Woodside rehabilitation center
Personal services 2,108,338
Operating expenses 358,743
Total 2,467,081
Source of funds
General fund 2,439,344
Interdepartmental transfer 27,737
Total 2,467,081
Sec. 143. Social and rehabilitation services -
disability determination services
Personal services 2,767,702
Operating expenses 457,329
Total 3,225,031
Source of funds
Federal funds 2,979,886
Interdepartmental transfer 245,145
Total 3,225,031
Sec. 144. Social and rehabilitation services - family
support child care
Grants 1,489,949
Source of funds
General fund 812,638
Federal funds 677,311
Total 1,489,949
Sec. 145. Prevention, assistance, transition, and
health access - administration
Personal services 26,081,637
Operating expenses 4,808,407
Grants 976,737
Total 31,866,781
Source of funds
General fund 12,070,236
Special funds 1,962,319
Federal funds 17,834,226
Total 31,866,781
(a) Notwithstanding
the requirements in 3 V.S.A. § 2222 that require an independent expert review
of any recommendation for information technology activity, the department of
prevention, assistance, transition, and health access shall be exempted from
the operation of the statute when the department is engaged in multi-state
coordinated activities that utilize a technology system common to all the
participating states.
(b)
Of the above federal fund appropriation, $66,000.00 shall be available
for the Vermont student assistance corporation for counseling activities
provided to the reach up program.
Sec. 146. Prevention, assistance, transition, and
health access - Reach Up
Grants 43,538,736
Source of funds
General fund 16,176,772
Special funds 2,200,000
Federal funds 25,161,964
Total 43,538,736
(a)
An 18-year-old dependent child who is a full-time student in a secondary
school, or attending an equivalent level of vocational or technical training,
and reasonably expected to complete the program before reaching age 19 or not
expected to complete the program before reaching age 19 solely due to a
documented disability, may remain on the Reach Up grant. Coverage of disabled 18-year-olds shall
remain in effect for as long as required by court decision.
Sec. 147. Prevention, assistance, transition, and
health access - aid to aged, blind and disabled
Personal services 1,231,308
Grants 9,574,128
Total 10,805,436
Source of funds
General fund 10,805,436
Sec. 147a. FUND APPROPRIATION AND TRANSFER
(a)
The sum of $71,500,000.00 is appropriated and transferred from the
general fund to the health access trust fund in fiscal year 2003.
(b) The sum of $17,250,000.00 is appropriated and transferred from the to