NO. 11. AN ACT RELATING TO PROVIDING ADJUSTMENTS IN THE AMOUNTS APPROPRIATED FOR THE SUPPORT OF GOVERNMENT.
(H.223)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. SHORT TITLE
This act shall be known as, and shall be cited as, the "Budget Adjustment Act - Fiscal Year 2001".
Sec. 2. Sec. 14 of No. 152 of the Acts of 2000 is amended to read:
Sec. 14. Buildings and general services - facilities operations
Personal services 5,780,547 5,780,547
Operating expenses *[5,960,482]* 6,047,382
Total *[11,741,029]* 11,827,929
Source of funds
General fund *[9,635,731]* 9,722,631
Transportation fund 1,805,298 1,805,298
Interdepartmental transfer 300,000 300,000
Total *[11,741,029]* 11,827,929
* * *
Sec. 2a. BUILDINGS AND GENERAL SERVICES TRANSFER
The sum of $150,000.00 is transferred from the department of buildings and general services facilities operations budget to the department of buildings and general services information centers division to fund the increased operations costs associated with service upgrades to various information centers.
Sec. 3. Sec. 17 of No. 152 of the Acts of 2000 is amended to read:
Sec. 17. Buildings and general services - postal
Personal services *[501,086]* 528,252
Operating expenses 358,438 358,438
Total *[859,524]* 886,690
Source of funds
General fund *[77,114]* 104,280
Transportation fund 65,291 65,291
Internal service funds 717,119 717,119
Total *[859,524]* 886,690
Sec. 4. Sec. 29 of No. 152 of the Acts of 2000 is amended to read:
Sec. 29. Tax - administration/collection
Personal services *[8,797,380]* 8,856,380
Operating expenses *[2,289,571]* 2,375,571
Total *[11,086,951]* 11,231,951
Source of funds
General fund *[10,412,214]* 10,573,214
Transportation fund 258,427 258,427
Special funds *[331,310]* 315,310
Interdepartmental transfer 85,000 85,000
Total *[11,086,951]* 11,231,951
* * *
Sec. 5. Sec. 31 of No. 152 of the Acts of 2000 is amended to read:
Sec. 31. Geographic information system
Grants *[382,041]* 355,113
Source of funds
Special funds *[382,041]* 355,113
Sec. 6. Sec. 34 of No. 152 of the Acts of 2000 is amended to read:
Sec. 34. Vermont state retirement system
Personal services *[9,662,141]* 12,064,641
Operating expenses 97,597 97,597
Total *[9,759,738]* 12,162,238
Source of funds
Special funds *[9,759,738]* 12,162,238
Sec. 7. Sec. 40 of No. 152 of the Acts of 2000 is amended to read:
Sec. 40. Use tax reimbursement fund - municipal current use
Other *[4,260,000]* 4,144,616
Source of funds
General fund *[2,096,250]* 2,039,472
Transportation fund *[2,163,750]* 2,105,144
Total *[4,260,000]* 4,144,616
Sec. 8. Sec. 1(f) of No. 148 of the Acts of 2000 is amended to read:
(f) State House, interactive television. From the appropriation for subsection (b) of this section, $30,000 shall be available to the legislative council to purchase equipment and install infrastructure necessary to establish and make operational interactive television in Room 10 and 11 of the State House. *[Pending the development by the joint rules committee of a protocol for use of the State House interactive television equipment, the house and senate rules committees shall govern access to and use of the equipment during the legislative session, and the sergeant at arms shall govern such access and use when the legislature is not in session.]* The joint rules committee of the general assembly shall develop a protocol to govern access to and use of the equipment during the legislative session, and such protocol shall be administered by the sergeant at arms to govern such access and use when the legislature is not in session.
Sec. 9. Sec. 50 of No. 152 of the Acts of 2000 is amended to read:
Sec. 50. Total general government *[87,246,585]* 89,765,839
Source of funds
General fund *[39,992,728]* 40,211,016
Transportation fund *[10,439,525]* 10,380,919
Federal funds 2,171,902 2,171,902
Special funds *[13,085,802]* 15,445,374
Enterprise funds 1,780,105 1,780,105
Expendable trust 597,930 597,930
Internal service funds 17,938,669 17,938,669
Interdepartmental transfer 1,239,924 1,239,924
Total *[87,246,585]* 89,765,839
Sec. 10. Sec. 54 of No.152 of the Acts of 2000 is amended to read:
Sec. 54. State’s attorneys
Personal services *[6,268,458]* 6,295,458
Operating expenses 687,956 687,956
Grants 120,000 120,000
Total *[7,076,414]* 7,103,414
Source of funds
General fund *[4,952,958]* 4,979,958
Transportation fund 436,856 436,856
Federal funds 353,000 353,000
Special funds 118,600 118,600
Interdepartmental transfer 1,215,000 1,215,000
Total *[7,076,414]* 7,103,414
* * *
Sec. 11. Sec. 58 of No. 152 of the Acts of 2000 is amended to read:
Sec. 58. Military - administrative
Personal services 567,995 567,995
Operating expenses *[455,962]* 519,704
Grants 142,000 142,000
Total *[1,165,957]* 1,229,699
Source of funds
General fund *[1,130,957]* 1,194,699
Special funds 35,000 35,000
Total *[1,165,957]* 1,229,699
* * *
Sec. 12. Sec. 61 of No. 152 of the Acts of 2000 is amended to read:
Sec. 61. Military - air service contract
Personal services 2,518,585 2,518,585
Operating expenses *[482,400]* 574,400
Total *[3,000,985]* 3,092,985
Source of funds
General fund *[244,401]* 267,401
Federal funds *[2,756,584]* 2,825,584
Total *[3,000,985]* 3,092,985
Sec. 13. Sec. 63 of No. 152 of the Acts of 2000 is amended to read:
Sec. 63. Labor and Industry
Personal services *[3,878,593]* 4,025,593
Operating expenses *[921,700]* 998,700
Total *[4,800,293]* 5,024,293
Source of funds
General fund 704,265 704,265
Federal funds 470,196 470,196
Special funds *[3,580,832]* 3,792,832
Interdepartmental transfer *[45,000]* 57,000
Total *[4,800,293]* 5,024,293
Sec. 14. Sec. 76 of No. 152 of the Acts of 2000 is amended to read:
Sec. 76. Public safety - state police
Personal services *[24,894,782]* 25,094,782
Operating expenses *[5,065,848]* 5,345,848
Grants 1,473,000 1,473,000
Other 73,000 73,000
Total *[31,506,630]* 31,986,630
Source of funds
General fund *[6,602,053]* 7,082,053
Transportation fund 19,223,415 19,223,415
Federal funds 2,759,545 2,759,545
Special funds 1,643,511 1,643,511
Interdepartmental transfer 1,278,106 1,278,106
Total *[31,506,630]* 31,986,630
* * *
Sec. 14a. SPECIAL COMMITTEE ON VERMONT DEPARTMENT OF PUBLIC SAFETY BUDGET AND OPERATIONS
(a) A special legislative committee on public safety finance and operations is hereby established and shall remain in existence through February 1, 2002. Said committee shall review fiscal year 2001 final expenditures and fiscal year 2002 appropriations and make recommendations regarding department of public safety finance as to:
(1) the sources of funding, utilization of budgeted funds, bill payment practices, and financial operations of the department;
(2) any changes in funding sources or levels and in specific activities of the department for fiscal years 2002 and 2003; and
(3) any budget documentation to be required of the department for legislative deliberations.
(b) The committee shall consist of six members appointed, three by the house speaker and three by the senate committee on committees. It shall meet up to four times prior to issuance of a final report to the general assembly on December 15, 2001.
(c) The staff of the joint fiscal committee, the legislative council, and the commissioner of public safety shall provide assistance to the committee.
Sec. 15. Sec. 88(b) of No. 152 of the Acts of 2000 is amended to read:
(b) Notwithstanding the provisions of 30 V.S.A. § 7054 or 32 V.S.A. § 511, monies deposited into the E-911 fund and carried forward to a subsequent fiscal year shall not be spent, as excess receipts or otherwise, for the construction or maintenance of any public service answering points not already in operation on January 1, 2001, except for those already approved for Rockingham and Rutland, without the express, annual appropriation of the general assembly.
Sec. 16. Sec. 95 of No. 152 of the Acts of 2000 is amended to read:
Sec. 95. Total protection to persons and property *[140,502,870]* 141,389,612
Source of funds
General fund *[46,421,608]* 47,015,350
Transportation fund 28,540,116 28,540,116
Federal funds *[21,149,336]* 20,218,336
Special funds *[33,735,555]* 33,947,555
Tobacco fund 499,000 499,000
Enterprise funds 3,487,267 3,487,267
Interdepartmental transfer *[6,669,988]* 6,681,988
Total *[140,502,870]* 141,389,612
Sec. 17. Sec. 113 of No. 152 of the Acts of 2000 is amended to read:
Sec. 113. Health - alcohol and drug abuse programs
Personal services 2,598,024 2,598,024
Operating expenses 494,959 494,959
Grants *[8,667,191]* 9,884,657
Total *[11,760,174]* 12,977,640
Source of funds
General fund *[2,977,036]* 3,428,716
Federal funds *[8,123,038]* 8,888,824
Special funds 650,100 650,100
Interdepartmental transfer 10,000 10,000
Total *[11,760,174]* 12,977,640
* * *
Sec. 18. Sec. 115 of No. 152 of the Acts of 2000 is amended to read:
Sec. 115. Social welfare - aid to needy families with children
Grants *[39,910,884]* 38,310,884
Source of funds
General fund 15,542,899 15,542,899
Federal funds *[22,267,985]* 20,667,985
Special funds 2,100,000 2,100,000
Total *[39,910,884]* 38,310,884
* * *
Sec. 19. Sec 117. of No. 152 of the Acts of 2000 is amended to read:
Sec. 117. Social welfare - Medicaid
Grants *[388,766,333]* 391,711,136
Source of funds
General fund *[73,750,865]* 76,088,192
Federal funds *[241,160,779]* 244,228,410
Special funds *[56,604,689]* 54,144,534
Tobacco fund 17,250,000 17,250,000
Total *[388,766,333]* 391,711,136
* * *
Sec. 20. Sec. 130 of No. 152 of the Acts of 2000 is amended to read:
Sec. 130. Social and rehabilitation services - child care services
Personal services 1,329,181 1,329,181
Operating expenses 301,091 301,091
Grants *[24,024,605]* 26,010,653
Total *[26,654,877]* 27,640,925
Source of funds
General fund 5,307,181 5,307,181
Transportation funds 75,000 75,000
Federal funds *[20,440,696]* 21,426,744
Special funds 832,000 832,000
Total *[26,654,877]* 27,640,925
* * *
Sec. 21. Sec. 132 of No. 152 of the Acts of 2000 is amended to read:
Sec. 132. Developmental and mental health services - community mental health
Personal services 1,904,310 1,904,310
Operating expenses 178,298 178,298
Grants *[55,660,714]* 56,581,767
Other 137,200 137,200
Total *[57,880,522]* 58,801,575
Source of funds
General fund *[21,134,976]* 21,484,976
Federal funds *[32,939,957]* 33,511,010
Special funds 2,585,756 2,585,756
Interdepartmental transfer 1,219,833 1,219,833
Total *[57,880,522]* 58,801,575
* * *
Sec. 21a. Sec. 138 of No. 152 of the Acts of 2000 is amended to read:
Sec. 138. Aging and disabilities - division of advocacy and independent living
Grants *[10,796,178]* 10,840,178
Source of funds
General fund *[3,738,214]* 3,782,214
Transportation fund 522,000 522,000
Federal funds 6,185,245 6,185,245
Special funds 275,719 275,719
Interdepartmental transfer 75,000 75,000
Total *[10,796,178]* 10,840,178
* * *
Sec. 22. Sec. 146 of No. 152 of the Acts of 2000 is amended to read:
Sec. 146. Total human services *[946,165,453]* 950,678,823
Source of funds
General fund *[306,157,622]* 309,340,629
Transportation fund 1,999,578 1,999,578
Federal funds *[524,292,155]* 528,082,673
Special funds *[89,344,592]* 86,884,437
Tobacco fund 17,250,000 17,250,000
Internal service funds 1,881,519 1,881,519
Interdepartmental transfer 5,231,987 5,231,987
Expendable trust 8,000 8,000
Total *[946,165,453]* 950,678,823
Sec. 23. Sec. 156 of No. 152 of the Acts of 2000 is amended to read:
Sec. 156. Education - special education: formula grants
Other 876,000 876,000
Grants *[54,976,117]* 59,942,704
Total *[55,852,117]* 60,818,704
Source of funds
Education fund *[54,976,117]* 59,942,704
Federal funds 876,000 876,000
Total *[55,852,117]* 60,818,704
* * *
Sec. 24. Sec. 158 of No. 152 of the Acts of 2000 is amended to read:
Sec. 158. Education - state-placed students
Grants *[8,858,000]* 9,721,876
Source of funds
Education fund *[8,858,000]* 9,721,876
Sec. 25. Sec. 161 of No. 152 of the Acts of 2000 is amended to read:
Sec. 161. Education - construction interest aid
Grants *[95,000]* 285,000
Source of funds
Education fund *[95,000]* 285,000
Sec. 25a. EDUCATION – GRANTS ADJUSTMENTS
Notwithstanding any other act or provision, from the amounts appropriated in Sec. 164 of No. 152 of the Acts of 2000:
(1) The commissioner of education shall provide a fiscal year 2001 adjustment for school districts with fewer than 100 equalized pupils and with special education increases above the statewide average. These districts shall receive a 90 percent state reimbursement as opposed to the special education expenditure reimbursement rate under section 2963 of Title 16, for the amount of spending above the statewide average increase from fiscal year 2000. Final amounts shall be calculated based on final special education spending for districts with less than 100 students. However, these reimbursements shall be equal to or greater than the following estimated amounts: Searsburg, $12,965.00; Baltimore, $9,481.00; Windham, $12,501.00; Athens, $5,956.00; Sandgate, $21,917.00; Peru, $20,325.00; Jay, $8,985.00; Grafton, $11,088.00; Brookline, $13,865.00; Isle La Motte, $13,846.00; Plymouth, $1,426.00; Landgrove, $3,317.00; Stannard, $8,021.00; Sudbury, $1,198.00; West Haven, $2,531.00; Whiting, $497.00; and Woodford, $4,011.00.
(2) The commissioner shall make a final payment of $269,500.00 for all remaining obligations for the Coventry School District underpayment of state aid from fiscal years 1992 – 1997.
Sec. 26. Sec. 165(b) of No. 152 of the Acts of 2000 is added to read:
(b) From this appropriation, notwithstanding 16 V.S.A. § 4027(c), for fiscal year 2001, the commissioner shall adjust the local share payments from the education fund, based on the school district budgets adopted for fiscal year 2001 by Milton and Lunenburg, and additional fiscal year 2001 budget spending for special education in Baltimore. Said adjustments shall be: Lunenburg, $69,644.00; Milton, $291,512.00; and Baltimore, $9,901.00. The commissioner may transfer funds necessary from the appropriation in Sec. 164 of this act in the event that sufficient funds are not available to meet the requirements of this appropriation.
Sec. 27. Sec. 167 of No. 152 of the Acts of 2000 is amended to read:
Sec. 167. State teachers’ retirement system
Personal services *[6,788,821]* 9,021,821
Operating expenses 115,299 115,299
Grants 19,143,827 19,143,827
Total *[26,047,947]* 28,280,947
Source of funds
General fund 19,143,827 19,143,827
Special funds *[6,904,120]* 9,137,120
Total *[26,047,947]* 28,280,947
* * *
Sec. 28. Sec. 170 of No. 152 of the Acts of 2000 is amended to read:
Sec. 170. Total general education and property tax support
*[798,342,473]* 806,595,936
Source of funds
General fund 274,878,427 274,878,427
Transportation fund 4,568,015 4,568,015
Education fund *[425,697,242]* 431,717,705
Federal funds 84,378,392 84,378,392
Special funds *[7,612,906]* 9,845,906
Interdepartmental transfer 1,207,491 1,207,491
Total *[798,342,473]* 806,595,936
Sec. 29. Sec. 190 of No. 152 of the Acts of 2000 is amended to read:
Sec. 190. Fish and wildlife - support and field services
Personal services *[8,075,595]* 8,337,291
Operating expenses 4,053,097 4,053,097
Grants 255,000 255,000
Other 165,000 165,000
Total *[12,548,692]* 12,810,388
Source of funds
Fish and wildlife fund *[11,943,455]* 12,205,151
Interdepartmental transfer 605,237 605,237
Total *[12,548,692]* 12,810,388
Sec. 30. Sec. 204 of No. 152 of the Acts of 2000 is amended to read:
Sec. 204. Water resources board
Personal services *[282,015]* 292,015
Operating expenses 18,231 18,231
Total *[300,246]* 310,246
Source of funds
General fund *[300,246]* 310,246
Sec. 31. Sec. 206 of No. 152 of the Acts of 2000 is amended to read:
Sec. 206. Total natural resources *[59,848,461]* 60,120,157
Source of funds
General fund *[11,917,832]* 11,927,832
Transportation fund 1,069,747 1,069,747
Federal funds 11,021,241 11,021,241
Fish and wildlife fund *[12,043,455]* 12,305,151
Fish and wildlife/special funds 45,000 45,000
Special funds 20,710,956 20,710,956
Interdepartmental transfer 3,035,230 3,035,230
Expendable trust 5,000 5,000
Total *[59,848,461]* 60,120,157
Sec. 32. Sec. 208 of No. 152 of the Acts of 2000 is amended to read:
Sec. 208. Housing and community affairs
Personal services 2,070,759 2,070,759
Operating expenses 294,578 294,578
Grants *[6,857,471]* 6,615,119
Total *[9,222,808]* 8,980,456
Source of funds
General fund 1,310,396 1,310,396
Federal funds 4,431,655 4,431,655
Special funds *[3,480,757]* 3,238,405
Total *[9,222,808]* 8,980,456
Sec. 33. Sec. 209 of No. 152 of the Acts of 2000 is amended to read:
Sec. 209. Historic sites operations
Personal services 442,883 442,883
Operating expenses *[311,515]* 356,515
Improvements 100,000 100,000
Total *[854,398]* 899,398
Source of funds
General fund 365,357 365,357
Special funds *[389,041]* 434,041
Interdepartmental transfer 100,000 100,000
Total *[854,398]* 899,398
Sec. 34. Sec. 215 of No. 152 of the Acts of 2000 is amended to read:
Sec. 215. Tourism and marketing
Personal services *[2,035,852]* 2,343,918
Operating expenses *[887,511]* 1,102,511
Grants *[1,967,000]* 2,031,834
Total *[4,890,363]* 5,478,263
Source of funds
General fund 4,890,363 4,890,363
Interdepartmental transfer 587,900
Total *[4,890,363]* 5,478,263
Sec. 35. Sec. 221 of No. 152 of the Acts of 2000 is amended to read:
Sec. 221. Vermont housing and conservation trust fund
Grants *[21,817,749]* 21,025,749
Source of funds
Federal funds 10,274,764 10,274,764
Special funds *[11,542,985]* 10,750,985
Total *[21,817,749]* 21,025,749
* * *
Sec. 36. Sec. 223 of No. 152 of the Acts of 2000 is amended to read:
Sec. 223. Total commerce and community development
*[66,115,921]* 65,714,469
Source of funds
General fund 12,125,613 12,125,613
Transportation fund 163,726 163,726
Federal funds 36,419,927 36,419,927
Special funds *[16,459,155]* 15,469,803
Interdepartmental transfer *[122,500]* 710,400
Enterprise funds 825,000 825,000
Total *[66,115,921]* 65,714,469
Sec. 37. Sec. 230(c) of No. 152 of the Acts of 2000 is added to read:
(c) Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add one vehicle to the fleet for use in the paving program.
Sec. 38. Sec. 235(a) of No. 152 of the Acts of 2000 is added to read:
(a) Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add nine vehicles to the fleet for maintenance activities.
Sec. 38a. Sec. 244(d) of No. 152 of the Acts of 2000 is amended to read:
(d) The agency of transportation is authorized to acquire *[fiv]*e nine new fully equipped vehicles for commercial vehicle enforcement activities.
Sec. 38b. AGENCY OF TRANSPORTATION – LONDONDERRY GARAGE FACILITY
(a) A new project is added to the transportation buildings program in the fiscal year 2001 transportation capital program and project development plan, for the replacement of the Londonderry highway garage. The agency of transportation shall utilize fiscal year 2001 transportation buildings appropriations as necessary to ensure the Londonderry garage replacement project is completed as soon as possible.
(b) Notwithstanding any other law, for any amount over $8,300,000.00 received from the federal government for reimbursement of indirect costs associated with federal aid transportation projects, the first $500,000.00 shall be transferred and appropriated in fiscal year 2002 to the transportation buildings program, account # 0408819300, to be used by the agency of transportation for the replacement of the Londonderry highway garage.
Sec. 38c. SECRETARY OF ADMINISTRATION – TRANSPORTATION APPROPRIATIONS
(a) In fiscal year 2001, the maintenance division shall defer paying up to $2,200,000.00 of payments for vehicle rentals to the central garage during fiscal year 2001. The deferred funds shall be utilized to meet winter-related costs. Any such deferred costs shall be made up through funds transferred pursuant to Sec. 255 of Act No. 152 of 2000 as amended by Sec. 59a of this act or from the maintenance appropriation over the next five years.
(b) The following transfers shall be made in fiscal year 2001 to the agency of transportation maintenance account to cover winter-related costs:
(1) In addition to any pay act-related need, $800,000.00 of the fiscal year 2001 pay act funds allocated to the agency of transportation;
(2) $300,000.00 from policy and planning formerly appropriated as a match for the Brattleboro multimodal center;
(3) $900,000.00 from the project development enhancement program.
(c) Funds transferred pursuant to Sec. 255 of Act No. 152 of 2000 as amended by Sec. 59a of this act, shall first be utilized to replace the transfer in subdivision (b)(2) of this section. To the extent available, any additional funds transferred pursuant to Sec. 255 of Act No. 152 of 2000 as amended by Sec. 59a of this act, shall be utilized to make up deferred costs in subsection (a) of this section and be applied to replace transferred funds from subdivision (b)(3) of this section in this order.
Sec. 39. Sec. 246 of No. 152 of the Acts of 2000 is amended to read:
Sec. 246. Debt service - general
Interest
Bonded debt *[23,715,364]* 23,616,811
Total interest *[23,715,364]* 23,616,811
Principal
State of Vermont
Series XXXI 2,920,000 2,920,000
Series XXXII 1,423,973 1,423,973
Series XXXIII 3,936,000 3,936,000
Series XXXIV 1,220,000 1,220,000
Series XXXV 763,264 763,264
Series XXXVI 1,710,000 1,710,000
Series XXXVII 8,005,000 8,005,000
Series XXXVIII 645,000 645,000
Series XXXIX 3,800,500 3,800,500
Series XL 1,921,084 1,921,084
Series XLI 3,445,500 3,445,500
Series XLII 3,160,000 3,160,000
Series XLIII 1,250,000 1,250,000
Series XLIV 2,000,000 2,000,000
Series XLV 790,000 790,000
Series XLVI 1,401,237 1,401,237
Series XLVII 790,000 790,000
Series XLVIII 269,954 269,954
1998 Series C 1,370,706 1,370,706
1998 Series D 1,530,000 1,530,000
1999 Series A 1,685,000 1,685,000
1999 Series B 500,000 500,000
Total principal 44,537,218 44,537,218
Total debt service *[68,252,582]* 68,154,029
Source of funds
General fund *[68,172,320]* 68,073,767
Special funds 80,262 80,262
Totals *[68,252,582]* 68,154,029
Sec. 40. Sec. 248 of No. 152 of the Acts of 2000 is amended to read:
Sec. 248. Debt service - rental payments
Interest *[1,018,348]* 1,181,325
Principal
1998 Series A 1,075,000 1,075,000
1998 Series B 295,000 295,000
Total principal 1,370,000 1,370,000
Total debt service - rental payments *[2,388,348]* 2,551,325
Source of funds
Special funds *[2,388,348]* 2,551,325
Sec. 41. Sec. 250 of No. 152 of the Acts of 2000 is amended to read:
Sec. 250. Total debt service *[73,840,930]* 73,905,354
Source of funds
General fund *[68,241,000]* 68,142,447
Transportation fund 3,131,320 3,131,320
Special funds *[2,468,610]* 2,631,587
Totals *[73,840,930]* 73,905,354
Sec. 42. FISCAL YEAR 2001 ONE-TIME APPROPRIATIONS
The following general fund amounts are appropriated to the referenced departments in fiscal year 2001, and may be expended with approval of the secretary of administration:
(1) To the department of buildings and general services to reduce the 2001 fiscal year-end structural deficit in the facilities operations appropriation.
1,166,315
(2) To the military department for back-payments related to their share of the Human Resource Management System (HRMS). 35,867
(3) To the military department for bonuses to veterans for service since the Korean conflict. 3,000
(4) To the department of agriculture, food and markets for the governor’s council on the interstate compact. 200,000
(5) To the department of agriculture, food and markets for vector analysis. 75,000
(6) To the secretary of state for the legislative apportionment board. 20,000
(7) To the secretary of state for primary and general elections. 30,000
(8) To the department of housing and community affairs for the state match for disaster relief. 130,746
(9) To the department of personnel for start-up costs associated with an enhanced state employee recruitment function. 100,000
(10) To the tax department for implementation of a new personal income tax processing system. 318,340
(11) To the department of public safety for a previous year budget
deficit. 1,185,593
(12) To the department of health for the treatment of opiate addiction. The department is authorized to accept and expend any federal funds that may become available for this purpose. These funds are in addition to tobacco settlement funds appropriated in this bill for this purpose. 11,500
(13) To the department of public safety for grants to communities for heroin interdiction. The funds appropriated herein shall be distributed by the department of public safety through a competitive grant process to regional collaborative entities; geographic distribution shall be a criterion considered before awarding a grant. The participating departments shall share data, techniques and success rates with the coordinator who shall disseminate the information to the participating agencies. Any funds granted herein shall not be used to supplant local funds. 230,000
Sec. 42a. Notwithstanding any other law to the contrary, the following amount shall be paid from the Vermont campaign fund established in 17 V.S.A.
§ 2856:
(1) To the attorney general for costs related to the settlement of the Vermont Right To Life Committee, Inc. v. Sorrell et al. 120,000
Sec. 42b. Notwithstanding any other law to the contrary, the following amount shall be paid from the Vermont state employee retirement trust fund to the state treasurer for the cost of granting credit for time served in the military to employees in the defined contribution plan. 92,914
Sec. 43. GENERAL FUND FISCAL YEAR 2001 ONE-TIME APPROPRIATIONS; LEGISLATIVE BRANCH
The following amounts are appropriated from the general fund to the referenced entities as indicated in fiscal year 2001:
(1) To the legislature for costs carried forward from the 2000 session.
400,000
(2) To the sergeant at arms for the purpose of providing additional state house security. 15,000
Sec. 44. [DELETED]
Sec. 44a. Sec. 3 of No. 123 of the Acts of 2000 is amended to read:
Sec. 3. REPORT ON DRAFT RULES
(a) The commissioner of health and the opiate addiction advisory committee shall report to the House and Senate Health and Welfare Committees on or before January 15, 2001 with draft rules for pharmacological treatment of opiate addiction based upon the guidelines established pursuant to chapter 92 of Title 18. The report shall include a recommended appropriation and source of funding, which may include federal funds. The report also shall include recommendations concerning a comprehensive list of addiction treatment options. *[Unless such authority is rescinded or delayed by legislative enactment, the commissioner shall commence rule making to establish such guidelines upon adjournment of the year 2001 session of the general assembly.]*
(b) For the purpose of expediting heroin addiction treatment authorized by this act, the commissioner of health shall adopt expedited rules on or before May 15, 2001, implementing such guidelines.
(c) Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the commissioner of health shall adopt expedited rules in order that the guidelines required by subsection (a) of this section may be implemented by May 15, 2001. Such rules may be adopted by filing them in final proposed form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after the agency of human services’ publication, in the three daily Vermont newspapers of highest average circulation, of a notice that lists all rules to be adopted by this process and provides for a seven-day public comment period. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of
3 V.S.A. § 842, except that its action shall be completed within 15 days or by May 15, 2001, whichever is sooner. Rules so adopted may be effective as soon as five days after adoption, and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25, and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state and the legislative committee on administrative rules shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.
Sec. 45. FUND TRANSFERS
Notwithstanding any other provisions of law, in fiscal year 2001:
(1) The following amounts shall be transferred to the general fund from the accounts indicated:
Appropriation Name Amount
Bond proceeds interest earnings 1,310,000 (approx)
VEDA note repayments 165,227 (approx)
Amortization of VEDA bond reserve 72,912
1101120400 Abandoned property fund 500,000 (approx)
Prior year reversions 149,970 (approx)
Amortization of W. R. Grace 22,485
0809290100 Liquor control 327,000 (approx)
0701120200 Cash management improvement fund 8,000
Caledonia Fair 13,751
(2) All or a portion of the unencumbered balances in the insurance regulatory and supervision fund (appropriation # 0602270509), the captive insurance regulatory and supervision fund (appropriation # 0602270909), and the securities regulatory and supervision fund (appropriation # 0602270809), expected to be approximately $3,550,000.00 shall be transferred to the general fund, provided that on or before June 15, 2001, the commissioner of banking, insurance, securities, and health care administration certifies to the joint fiscal committee that the transfer of such balances, or any smaller portion deemed proper by the commissioner, will not impair the ability of the department in fiscal year 2002 to provide thorough, competent, fair, and effective regulatory services, or maintain accreditation by the National Association of Insurance Commissioners; and that the joint fiscal committee does not reject such certification.
Sec. 46. REVERSIONS
(a) Notwithstanding any other provisions of law, in fiscal year 2001 the following amounts shall revert to the General Fund from the accounts indicated:
Appropriation Name Amount
01010107 Sec. of Administration - 27th payday in FY 2000 33,242
01010109 Sec. of Administration - Y2K remediation 4,097
01011202 Treasurer - Champion land study 8,500
01017803 Libraries - Southeast regional library 10,000
01011030 Executive Office - Blue ribbon commission (Special
education commission) 4,005
01011009 Executive Office - NE Governors’ Conference 4,862
01035515 Aging & Disabilities - Robert Wood Johnson
(Match for RWJ grant) 10,000
01021908 Attorney General - Litigation cost - BGH - NH/VT
solid waste 16,880
01022401 Inquests 578
01022611 Agriculture - Meat inspection 8,759
01022616 Agriculture - State stipend 260
01010130 Sec. of Administration - Various projects (limited
secondary PSAP - 911 dispatch) 5,000
01029021 Center for justice research 13
01057745 Education - Child nutrition programs (electronic debit cards) 65
01057747 Education - Child & adult food care program (food program supplemental grant) 34,732
01057751 Education - School kitchens (kitchen construction) 92
01057706 Education - Career and lifelong learning (gender equity in technical education) 3,885
01077216 Commerce & Community Development - Hardwick
Recreational Park 5,000
(b) Notwithstanding any other provisions of law, in fiscal year 2001, the following amounts shall revert to the transportation fund from the accounts indicated:
Appropriation Name Amount
04010103 Sec. of Administration - 27th payday in FY 2000 648
04010609 Buildings & General Services - Arbortech land purchase 9,416
(c) Notwithstanding any other provisions of law, in fiscal year 2001, the following amounts shall revert to the education fund from the accounts indicated:
Appropriation Name Amount
12050804 Tax - Homestead property tax assistance (income
sensitivity adjustments) 5,100,471
12050810 Tax - Payments to municipalities for grand list assistance (reappraisal and listing payments) 131,177
12057710 Education - Local share property tax (aid to schools) 1,587,004
Sec. 47. Sec. 47(b) of No. 156 of the Acts of 2000 is amended to read:
(b) The sum of $1,340,000 is appropriated from the transportation fund to the agency of transportation for use by the secretary of transportation for costs associated with transferring the Rutland multimodal transportation center from the Marble Valley Regional Transit District to the city of Rutland. In the event the city of Rutland doesn’t take ownership of the center by September 1, 2000, the secretary shall be authorized to utilize *[$420,000]* $320,000 of the aforementioned sum for operating and marketing expenses related to the center, and $170,000 for legal fees. Of the above appropriation, $850,000 shall be transferred and utilized by the agency of transportation for winter-related expenditures in the maintenance division.
Sec. 48. Sec. 47(f) and (g) of No. 156 of the Acts of 2000 are added to read:
(f) Twenty-four hours prior to any formal negotiating meeting between the secretary of the agency of transportation or his or her designee and the marble valley regional transit district regarding the disposition of the Rutland multimodal transit center, the chairs of the house and senate committees on transportation shall be notified by the secretary of the time and place of the meeting. The chairs of said committees may attend as nonparticipating members and shall not be eligible for reimbursement under 2 V.S.A. § 406.
(g) During a period of three years beginning on the effective date of this section, the City of Rutland has a right of first refusal of any offer to purchase the multimodal transportation center facility. This right must be exercised by the City within 120 days of notice of an offer to purchase.
Sec. 49. SECRETARY OF ADMINISTRATION; CARRY FORWARD AUTHORITY
Notwithstanding any other provisions of law and subject to the approval of the secretary of administration, general, transportation and education fund appropriations and fish and wildlife appropriations for land acquisition remaining unexpended at June 30, 2001 shall be carried forward, and shall be reserved for expenditure.
Sec. 50. Sec. 269(a)(3) of No. 152 of the Acts of 2000 is amended to read:
(3) For fiscal year 2002 implementation, funds appropriated in the facilities operations line item in fiscal year 2002 shall be transferred, subject to the approval of the secretary of administration, to departments in order to provide funds for fee-for-space charges. Beginning in fiscal year 2003, the administration shall submit agency and department budgets which include sufficient appropriations for facility charges in place of direct appropriations to the department of buildings and general services.
Sec. 51. Sec. 271c of No. 152 of the Acts of 2000 is amended to read:
Sec 271c. APPROPRIATIONS: HOUSING AND CONSERVATION TRUST FUND AND MUNICIPAL AND REGIONAL PLANNING FUND
* * *
(1) The sum of *[$227,000.00]* $211,000.00 for the tax department from the tax department special fund for property valuation and review administration costs created in 32 V.S.A. § 9610(c).
(2) The sum of *[$11,236,500.00]* $10,444,500.00 from the housing and conservation trust fund to the housing and conservation trust board consistent with estimates of revenues received in accordance with 10 V.S.A. § 312.
(3) The sum of *[$3,820,410.00]* $3,551,130.00 from the municipal and regional planning fund consistent with estimates of revenues received and distributed in accordance with 24 V.S.A. § 4306(a) as follows:
(A) *[$2,674,287.00]* $2,485,791.00 for disbursement to regional planning commissions;
(B) *[$764,082.00]* $710,226.00 disbursement to municipalities;
(C) *[$382,041.00]* $355,113.00 to the geographic information system.
Sec. 52. REMEDIATION OF BARRE COAL TAR SITE
(a) Notwithstanding the language of 10 V.S.A. § 1283(b), the secretary of the agency of natural resources is hereby authorized to expend up to an additional 1.5 million dollars from the Environmental Contingency Fund, which expenditure shall be for the design and implementation of the final cleanup of the Barre Coal Tar site.
(b) The secretary of the agency of natural resources is hereby authorized to accept up to 1.5 million dollars from the federal government as reimbursement to the state Environmental Contingency Fund for monies expended for the design and implementation of the final cleanup of the Barre Coal Tar site.
Sec. 53. POSITIONS AUTHORIZED
The establishment of the following new positions is authorized in fiscal year 2001: Developmental and Mental Health Services – Vermont State Hospital: five (5) new classified positions – Direct Care Registered Nurse.
Sec. 54. 3 V.S.A. § 333 is added to read:
§ 333. Human resource recruitment services
(a) The commissioner of the department of personnel is authorized to develop programs and take measures to increase the quantity of qualified applicants applying for employment by the state.
(b) Appropriate activities include but are not limited to: the placement of advertisements for recruitment of open and continuous recruitment positions, both within and outside the classified service, for all state government entities; listing of positions with governmental and private entities that maintain job listings; and attendance at job and recruitment fairs.
(c) The commissioner is authorized to charge other governmental entities for the costs associated with furnishing the services described in this section. All fees collected under this section shall be credited to the human resource recruitment special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the department of personnel to offset the cost of and enhance the provision of human resource recruitment services.
Sec. 55. Sec. 169(b) of No. 152 of the Acts of 2000 is added to read:
(b) For obligations incurred in fiscal year 2001 and any residual obligations from fiscal year 2000, education funds appropriated in Secs. 169 and 169a of this act may be used for obligations under 32 V.S.A. § 6066(a)(3) that are specifically due to increased education-related tax liabilities as estimated by the commissioner of taxes. This use of funds shall be deemed authorized as education income sensitivity payments under 16 V.S.A. § 4025(b)(3). General funds and transportation funds appropriated in this section may be utilized for payments under 32 V.S.A. § 6066(b) that are specifically due to increased municipal taxes. The department of taxes shall submit an accounting of the actual cost of income sensitivity programs and the reasons for the specific allocation of funds to the joint fiscal committee prior to November 15, 2001.
Sec. 56. [DELETED]
Sec. 57. Sec. 271a(b) and (c) of No. 152 of the Acts of 2000 are amended to read:
(b) The sum of *[$4,830,000.00]* $4,574,000.00 is appropriated from the Vermont tobacco litigation settlement fund to the department of health and shall be utilized to the provisions of chapter 225 of Title 18 as follows:
(1) $1,356,000.00 to fund community-based programs;
(2) $1,275,000.00 to fund countermarketing activities;
(3) $1,275,000.00 to fund tobacco cessation programs;
(4) $236,000.00 to fund statewide programs; and
(5) *[$688,000.00]* $275,500.00 to fund surveillance and evaluation activities.
(6) Notwithstanding any provision of law to the contrary, $156,500.00 to fund opiate addiction treatment programs.
(c) The sum of *[$1,200,000.00]* $816,000.00 is appropriated from the Vermont tobacco litigation settlement fund to the department of education, and shall be utilized according to the provisions of chapter 225 of Title 18 to fund school-based programs.
Sec. 58. 29 V.S.A. § 1160 is amended to read:
§ 1160. JOURNALS AND CALENDARS OF THE SENATE AND HOUSE OF REPRESENTATIVES
*[(a) Copies of the bound journal of the senate and of the bound journal of the house of representatives shall be available for inspection and use at the offices of the legislative council, the secretary of the senate and the clerk of the house.
*[(b) The journals of the senate and house of representatives shall be distributed as follows:
*[To the secretary of state, to the clerks of the house of representatives, and to the secretary of the senate, five copies each. One copy to each upon written request made by July 1 of each year shall be made available to the following officers and institutions: elective and appointive state officers, the clerk of each state board, justices and ex-justices of the supreme court, superior judges, the reporter of decisions, the attorney general, senators and representatives of this state in Congress, county clerks, town clerks, the University of Vermont, Middlebury College, Norwich University, Vermont historical society, each free]* *[public library in the state, each state, territorial or district library in the United States, each province of the Dominion of Canada, each teacher training course and the state agricultural school. Any copies remaining undisposed of shall be disposed of in the same manner as provided for the surplus copies of the acts and resolves.
*[(c) Each member of the house of representatives shall receive a daily copy of the house calendar, and each member of the senate shall receive a daily copy of the senate calendar. Upon request made to the legislative council by a date prior to each legislative session set by the legislative council, a sufficient number of daily house and senate journals, and of daily house and senate calendars, shall be available to the members of the house of representatives and of the senate requesting them.
(a) Five copies of the permanent journals of the senate of each biennial and adjourned session shall be distributed to the secretary of the senate.
(b) Five copies of the permanent journals of the house of representatives of each biennial and adjourned session shall be distributed to the clerk of the house of representatives.
(c) Five copies of the permanent journals of the senate and of the house of representatives of each biennial and adjourned session shall be distributed to the legislative council and to the secretary of state.
(d) Twenty-five copies of the permanent journals of the senate and of the house of representatives of each biennial and adjourned session shall be distributed to the state librarian.
(e) Upon request made by July 1 of each year to the secretary of the senate or to the clerk of the house of representatives, one copy of the permanent journals of the senate and of the house of representatives of each biennial and adjourned session shall be distributed to members of the senate and of the house of representatives.
(f) At the direction of the committee on joint rules of the general assembly, copies of the permanent journals of the senate and of the house of representatives shall be distributed to elected and appointed state officials, state boards, the Vermont Supreme Court, United States Senators elected by the state of Vermont, United States Representatives elected by the State of Vermont, the University of Vermont, Middlebury College, Norwich University, Vermont State Colleges, Vermont Historical Society, free public libraries in the state, and to such other persons or institutions under policies established by the committee on joint rules of the general assembly.
Sec. 59. 33 V.S.A. § 1123(d) is added to read:
(d) Notwithstanding the provisions of subsections (a), (b) and (c) of this section to the contrary:
(1) a saver may open an account under this section as a Vermont higher education savings plan account under subchapter 7 of chapter 87 of Title 16;
(2) the duration of the saver’s ownership of a Vermont higher education savings plan account shall not be subject to any limitation of time, except as provided in subchapter 7 of chapter 87 of Title 16; and
(3) the saver’s ownership of a Vermont higher education savings plan account shall not be included in the saver’s income or resources for purposes of the saver’s eligibility for TANF or SSI funds or services.
Sec. 59a. Sec. 255 of No. 152 of the Acts of 2000 is amended to read:
Sec. 255. GENERAL FUNDS TRANSFERS AND APPROPRIATIONS
* * *
(b) Notwithstanding any other provisions of law, the fiscal year 2001 unreserved undesignated general fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 2001 is hereby transferred and appropriated as available in the following order:
(1) First, an amount not to exceed $12,000,000.00 is hereby transferred to the general bond fund in fiscal year 2001 to reduce any authorized but unissued general obligation bonds;
*[(1) First,]* (2) Second, the necessary portion of the balance shall be transferred to the general fund budget stabilization reserve to attain its statutory maximum;
(3) Third, an amount not to exceed $3,110,000.00 of the balance may be transferred to the agency of transportation to make up for payment deferrals and transfers in accordance with Sec. 38c of this act;
(4) Fourth, an amount not to exceed $750,000.00 of the balance may be transferred to the transportation fund budget stabilization reserve to attain its statutory maximum;
*[(2) Second,]* (5) Fifth, any remaining fund balance after subsection (a) and *[subdivision]* subdivisions (b)(1), (2), (3), and (4) of this section shall be transferred to the general fund surplus reserve established in Sec. 277(5) of Act No. 147 of the Acts of 1998 as amended by Sec. 88 of Act No. 1 of the Acts of 1999.
Sec. 60. EFFECTIVE DATE
This act shall take effect from passage.
Approved: April 25, 2001