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NO. 66. AN ACT RELATING TO COMPENSATION FOR CERTAIN STATE EMPLOYEES.

(H.506)

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

* * * Elected Officers, Department Heads; Judiciary * * *

Sec. 1. 32 V.S.A. § 1003 is amended to read:

§ 1003. SALARIES

(a) Each elective officer of the executive department is entitled to an annual salary as follows:

*[Annual]* *[Annual

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(1) Governor]* *[$110,461]* *[$115,763

(2) Lieutenant governor]* *[46,048]* *[48,258

(3) Secretary of state]* *[69,509]* *[72,845

(4) State treasurer]* *[69,509]* *[72,845

(5) Auditor of accounts]* *[69,509]* *[72,845

(6) Attorney general]* *[83,499]* *[87,507

]*

Annual Annual Annual

Salary Salary Salary

as of as of as of

July 1, January 13, July 14,

2001 2002 2002

(1) Governor $119,095 $119,615 $125,572

(2) Lieutenant Governor 50,254 50,774 53,303

(3) Secretary of State 75,327 75,847 79,624

(4) State Treasurer 75,327 75,847 79,624

(5) Auditor of Accounts 75,327 75,847 79,624

(6) Attorney General 90,280 90,800 95,322

(b) The governor may appoint each officer of the executive branch listed in this subsection at a starting salary ranging from the base salary stated for that position to a salary which does not exceed the maximum salary unless otherwise authorized by this subsection. The maximum salary for each appointive officer shall be fifty percent above the base salary. Annually, the governor may grant to each of those officers an annual salary adjustment subject to the maximum salary. The annual salary adjustment granted to officers under this subsection shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect. In addition to the annual salary adjustment specified in this subsection, the governor may grant a special salary increase subject to the maximum salary, or a bonus, to any officer listed in this subsection whose job duties have significantly increased, or whose contributions to the state in the preceding year are deemed especially significant. Special salary increases or bonuses granted to any individual shall not exceed the average of the total rate of adjustment available to classified employees under the collective bargaining agreement then in effect.

(1) Heads of the following departments, offices and agencies:

*[Base]* *[Base

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(A) Administration]* *[$66,219]* *[$69,397

(B) Agriculture, food and

]*

*[markets]* *[55,932]* *[58,616

(C) Banking, insurance, securi-

]*

*[ties, and health

]*

*[care administration]* *[61,810]* *[64,777

(D) Finance & management]* *[61,810]* *[64,777

(E) Housing and community

]*

*[development]* *[55,932]* *[58,616

(F) Corrections]* *[61,810]* *[64,777

(G) Commerce and community

]*

*[development]* *[66,219]* *[69,397

(H) Economic development]* *[55,932]* *[58,616

(I) Education]* *[61,810]* *[64,777

(J) Employment and training]* *[61,810]* *[64,777

(K) Natural resources]* *[66,219]* *[69,397

(L) Fish and wildlife]* *[55,932]* *[58,616

(M) Forests, parks and

]*

*[recreation]* *[55,932]* *[58,616

(N) Health]* *[61,810]* *[64,777

(O) Human services]* *[66,219]* *[69,397

(P) Labor and industry]* *[55,932]* *[58,616

(Q) Liquor control]* *[55,932]* *[58,616

(R) Developmental and mental

]*

*[health services]* *[61,810]* *[64,777

(S) Military]* *[55,932]* *[58,616

(T) Motor vehicles]* *[55,932]* *[58,616

(U) Personnel]* *[55,932]* *[58,616

(V) Public safety]* *[61,810]* *[64,777

(W) Public service]* *[61,810]* *[64,777

(X) Social and rehabilitation

]*

*[services]* *[61,810]* *[64,777

(Y) Prevention, assistance,

]*

*[transition, and health

]*

*[access]* *[61,810]* *[64,777

(Z) Veterans’ home ]* *[55,932]* *[58,616

(AA) Libraries]* *[55,932]* *[58,616

(BB) Taxes]* *[55,932]* *[58,616

(CC) Transportation ]* *[66,219]* *[69,397

(DD) Environmental conser-

]*

*[vation]* *[61,810]* *[64,777

(EE) Defender general]* *[55,932]* *[58,616

(FF) Lottery]* *[55,932]* *[58,616

(GG) Buildings and general

]*

*[services]* *[61,810]* *[64,777

(HH) [Repealed]

(II) Aging and disabilities]* *[55,932]* *[58,616

(JJ) Environmental board

]*

*[chairperson]* *[55,932]* *[58,616

(KK) Tourism and marketing]* *[55,932]* *[58,616

]*

Base Base Base

Salary Salary Salary

as of as of as of

July 1, January 13, July 14,

2001 2002 2002

(A) Administration $71,811 $72,331 $75,933

(B) Agriculture, food 60,817 61,337 64,392

and markets

(C) Banking, insurance, 67,100 67,620 70,987

securities, and health

care administration

(D) Finance and 67,100 67,620 70,987

management

(E) Housing and 60,817 61,337 64,392

community affairs

(F) Corrections 67,100 67,620 70,987

(G) Commerce and 71,811 72,331 75,933

community development

(H) Economic development 60,817 61,337 64,392

(I) Education 67,100 67,620 70,987

(J) Employment and training 67,100 67,620 70,987

(K) Natural resources 71,811 72,331 75,933

(L) Fish and wildlife 60,817 61,337 64,392

(M) Forests, parks and 60,817 61,337 64,392

recreation

(N) Health 67,100 67,620 70,987

(O) Human services 71,811 72,331 75,933

(P) Labor and industry 60,817 61,337 64,392

(Q) Liquor control 60,817 61,337 64,392

(R) Developmental and 67,100 67,620 70,987

mental health services

(S) Military 60,817 61,337 64,392

(T) Motor vehicles 60,817 61,337 64,392

(U) Personnel 60,817 61,337 64,392

(V) Public safety 67,100 67,620 70,987

(W) Public service 67,100 67,620 70,987

(X) Social and rehabilitation 67,100 67,620 70,987

services

(Y) Prevention, assistance, 67,100 67,620 70,987

transition, and health access

(Z) Veterans’ home 60,817 61,337 64,392

(AA) Libraries 60,817 61,337 64,392

(BB) Taxes 60,817 61,337 64,392

(CC) Transportation 71,811 72,331 75,933

(DD) Environmental 67,100 67,620 70,987

conservation

(EE) Defender general 60,817 61,337 64,392

(FF) Lottery 60,817 61,337 64,392

(GG) Buildings and 67,100 67,620 70,987

general services

(HH) Aging and disabilities 60,817 61,337 64,392

(II) Environmental board 60,817 61,337 64,392

chairperson

(JJ) Tourism and marketing 60,817 61,337 64,392

(2) Directors of the following divisions, offices and boards:

The secretary of administration may include the following positions in any pay plans which may be established under the authority of section 1020(c) of this title, provided the minimum hiring rate does not fall below that in this section.

*[

(A) Economic opportunity]* *[47,196]* *[49,461

(B) Professional regulation]* *[47,196 ]* *[49,461

(C) Child support]* *[47,196]* *[49,461

]*

(A) Economic opportunity $51,480 $52,000 $54,590

(B) Professional regulation 51,480 52,000 54,590

(C) Child support 51,480 52,000 54,590

(3) If the chairperson of the environmental board is employed on less than a full-time basis, the hiring and salary maximums for that position shall be reduced proportionately.

(4) When a permanent employee is appointed to an exempt position, the governor may authorize such employee to retain the present salary even though it is in excess of any salary maximum provided in statute.

(c) The annual salaries of the officers of the judicial branch named below shall be as follows:

*[Annual]* *[Annual

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(1) Chief justice of supreme]* *[$99,538]* *[$104,316

]*

*[court

(2) Each associate justice]* *[94,932]* *[99,489

(3) Administrative judge]* *[94,932]* *[99,489

(4) Each superior judge]* *[90,176]* *[94,505

(5) Each district judge]* *[90,176]* *[94,505

(6) Each magistrate]* *[67,633]* *[70,879

(7) Each judicial bureau]* *[67,633]* *[70,879

]*

*[hearing officer]*

Annual Annual Annual

Salary Salary Salary

as of as of as of

July 1, January 13, July 14,

2001 2002 2002

(1) Chief justice of $107,421 $107,941 $113,316

supreme court

(2) Each associate justice 102,499 103,019 108,149

(3) Administrative judge 102,499 103,019 108,149

(4) Each superior judge 97,416 97,936 102,813

(5) Each district judge 97,416 97,936 102,813

(6) Each magistrate 73,322 73,842 77,519

(7) Each judicial bureau 73,322 73,842 77,519

hearing officer

(d) Notwithstanding the maximum salary established in subsection (b) of this section, the defender general shall not receive compensation in excess of the compensation established for the attorney general in this section.

* * * Legislative Pages * * *

Sec. 2. 32 V.S.A. § 1053a is amended to read:

§ 1053a. LEGISLATIVE PAGES

Legislative pages shall be entitled to a weekly compensation of *[$104.80]* $110.00 effective July 1, 2001 and $115.00 effective July 4, 2002, and a weekly expense allowance of $60.00 for those who commute and $95.00 for those who rent a room in Montpelier. Pages will be paid in the same manner as members of the general assembly.

* * * Assistant Judges * * *

Sec. 3. 32 V.S.A. § 1141(a) is amended to read:

(a) Each assistant judge of the superior court shall receive *[$105.14]* $111.22 a day as of *[July 4, 1999 and $110.18 a day as of July 2, 2000 and thereafter]* July 1, 2001, $113.22 a day as of January 13, 2002, and $118.86 a day as of July 14, 2002 for time spent in the performance of official duties and necessary expenses as allowed to classified state employees.

* * * Probate Judges * * *

Sec. 4. 32 V.S.A. § 1142(a) is amended to read:

(a) The annual salaries of the judges of probate in the several probate districts, which shall be paid by the state in lieu of all fees or other compensation, shall be as follows:

*[Annual]* *[Annual

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(1) Addison]* *[$42,783]* *[$44,836

(2) Bennington]* *[36,993]* *[38,769

(3) Caledonia]* *[42,783]* *[44,836

(4) Chittenden]* *[66,709]* *[69,911

(5) Essex]* *[20,059]* *[21,022

(6) Fair Haven]* *[31,053]* *[32,544

(7) Franklin]* *[42,783]* *[44,836

(8) Grand Isle]* *[20,059]* *[21,022

(9) Hartford]* *[42,783]* *[44,836

(10) Lamoille]* *[31,053]* *[32,544

(11) Manchester]* *[31,053]* *[32,544

(12) Marlboro]* *[36,993]* *[38,769

(13) Orange]* *[36,993]* *[38,769

(14) Orleans]* *[36,993]* *[38,769

(15) Rutland]* *[55,116]* *[57,762

(16) Washington]* *[55,116]* *[57,762

(17) Westminster]* *[31,053]* *[32,544

(18) Windsor]* *[36,993]* *[38,769

]*

Annual Annual

Salary Salary

as of as of

July 1, January 13,

2001 2002

(1) Addison $46,764 $47,284

(2) Bennington 40,577 41,097

(3) Caledonia 46,764 47,284

(4) Chittenden 72,335 72,855

(5) Essex 22,478 22,998

(6) Fair Haven 34,228 34,748

(7) Franklin 46,764 47,284

(8) Grand Isle 22,478 22,998

(9) Hartford 46,764 47,284

(10) Lamoille 34,228 34,748

(11) Manchester 34,228 34,748

(12) Marlboro 40,577 41,097

(13) Orange 40,577 41,097

(14) Orleans 40,577 41,097

(15) Rutland 59,946 60,466

(16) Washington 59,946 60,466

(17) Westminster 34,228 34,748

(18) Windsor 40,577 41,097

* * * County Clerks * * *

Sec. 5. 32 V.S.A. § 1181 is amended to read:

§ 1181. COUNTY CLERKS

The annual salaries of the county clerks in the respective counties which shall be paid by the state in lieu of all fees or other compensation paid by the state, shall be as follows:

*[Annual]* *[Annual

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(1) Addison county]* *[$44,055]* *[$48,984

(2) Bennington county]* *[44,055]* *[48,984

(3) Caledonia county]* *[44,055]* *[48,984

(4) Chittenden county]* *[56,855]* *[59,584

(5) Essex county]* *[24,733]* *[25,920

(6) Franklin county]* *[44,055]* *[48,984

(7) Grand Isle county]* *[24,733]* *[25,920

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

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

(10) Orleans county]* *[44,055]* *[48,984

(11) Rutland county]* *[51,924]* *[54,683

(12) Washington county]* *[51,924]* *[54,683

(13) Windham county]* *[44,055]* *[48,984

(14) Windsor county]* *[49,656]* *[52,040

]*

Annual Annual

Salary Salary

as of as of

July 1, January 13,

2001 2002

(1) Addison County $50,994 $51,514

(2) Bennington County 50,994 51,514

(3) Caledonia County 50,994 51,514

(4) Chittenden County 61,804 62,324

(5) Essex County 27,473 27,993

(6) Franklin County 50,994 51,514

(7) Grand Isle County 27,473 27,993

(8) Lamoille County 50,994 51,514

(9) Orange County 50,994 51,514

(10) Orleans County 50,994 51,514

(11) Rutland County 56,806 57,326

(12) Washington County 56,806 57,326

(13) Windham County 50,994 51,514

(14) Windsor County 54,110 54,630

* * * Sheriffs * * *

Sec. 6. 32 V.S.A. § 1182(a) is amended to read:

(a) The annual salaries of the sheriffs shall be as follows:

*[Annual]* *[Annual

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(1) Addison county]* *[$48,282]* *[$50,600

(2) Bennington county]* *[45,015]* *[47,175

(3) Caledonia county]* *[45,015]* *[47,175

(4) Chittenden county]* *[53,035]* *[55,581

(5) Essex county]* *[39,963]* *[41,882

(6) Franklin county]* *[45,015]* *[47,175

(7) Grand Isle county]* *[39,963]* *[41,882

(8) Lamoille county]* *[48,282]* *[50,600

(9) Orange county]* *[45,015]* *[47,175

(10) Orleans county]* *[48,282]* *[50,600

(11) Rutland county]* *[50,063]* *[52,466

(12) Washington county]* *[50,063]* *[52,466

(13) Windham county]* *[50,063]* *[52,466

(14) Windsor county]* *[50,063]* *[52,466

]*

Annual Annual

Salary Salary

as of as of

July 1, July 14,

2001 2002

(1) Addison County $53,466 $55,070

(2) Bennington County 50,000 55,070

(3) Caledonia County 50,000 55,070

(4) Chittenden County 56,581 58,278

(5) Essex County 50,000 55,070

(6) Franklin County 50,000 55,070

(7) Grand Isle County 50,000 55,070

(8) Lamoille County 53,466 55,070

(9) Orange County 50,000 55,070

(10) Orleans County 53,466 55,070

(11) Rutland County 53,466 55,070

(12) Washington County 53,466 55,070

(13) Windham County 53,466 55,070

(14) Windsor County 53,466 55,070

* * * State’s Attorneys * * *

Sec. 7. 32 V.S.A. § 1183(a) is amended to read:

(a) The annual salaries of state’s attorneys shall be:

*[Annual]* *[Annual

]*

*[Salary]* *[Salary

]*

*[as of]* *[as of

]*

*[July 4,]* *[July 2,

]*

*[1999]* *[2000 and

]*

*[thereafter

(1) Addison county]* *[$64,932]* *[$68,049

(2) Bennington county]* *[64,932]* *[68,049

(3) Caledonia county]* *[64,932]* *[68,049

(4) Chittenden county]* *[67,952]* *[71,214

(5) Essex county]* *[48,698]* *[51,036

(6) Franklin county]* *[64,932]* *[68,049

(7) Grand Isle county]* *[48,698]* *[51,036

(8) Lamoille county]* *[64,932]* *[68,049

(9) Orange county]* *[64,932]* *[68,049

(10) Orleans county]* *[64,932]* *[68,049

(11) Rutland county]* *[64,932]* *[68,049

(12) Washington county]* *[64,932]* *[68,049

(13) Windham county]* *[64,932]* *[68,049

(14) Windsor county]* *[64,932]* *[68,049

]*

Annual Annual Annual

Salary Salary Salary

as of as of as of

July 1, January 13, July 14,

2001 2002 2002

(1) Addison County $70,436 $70,956 $74,490

(2) Bennington County 70,436 70,956 74,490

(3) Caledonia County 70,436 70,956 74,490

(4) Chittenden County 73,664 74,184 77,878

(5) Essex County 52,827 53,217 55,868

(6) Franklin County 70,436 70,956 74,490

(7) Grand Isle County 52,827 53,217 55,868

(8) Lamoille County 70,436 70,956 74,490

(9) Orange County 70,436 70,956 74,490

(10) Orleans County 70,436 70,956 74,490

(11) Rutland County 70,436 70,956 74,490

(12) Washington County 70,436 70,956 74,490

(13) Windham County 70,436 70,956 74,490

(14) Windsor County 70,436 70,956 74,490

* * * Sergeant at Arms * * *

Sec. 8. 2 V.S.A. § 63 is amended to read:

§ 63. SALARY

(a) The base salary for the sergeant at arms shall be *[$612.03 a week as of]* *[July 4, 1999 and $641.41 a week as of July 2, 2000 and thereafter.]*:

Base Base Base

Salary Salary Salary

as of as of as of

July 1, January 13, July 14,

2001 2002 2002

$33,495.80 $34,015.80 $35,709.96

(b) The joint rules committee may establish the starting salary for the sergeant at arms, ranging from the base salary to a salary which is 30 percent above the base salary. The maximum salary for the sergeant at arms shall be 50 percent above the base salary.

Sec. 9. CONTRACTUAL AGREEMENT; APPROPRIATIONS;

TRANSFERS OF APPROPRIATIONS; EXEMPT PAY PLANS

(a) The two-year agreements between the state of Vermont and the Vermont State Employees’ Association, Inc., for the nonmanagement, supervisory, state police, and corrections bargaining units, for the period July 1, 2001 through June 30, 2003, shall be funded by amounts appropriated in other acts of the 2001 biennial session, amounts appropriated in the budget adjustment act of the 2002 adjourned session, and the following appropriated amounts:

(1) From the general fund for the fiscal year beginning July 1, 2001, $4,716,708.00, and for the fiscal year beginning July 1, 2002, $6,381,422.00.

(2) From the transportation fund for the fiscal year beginning July 1, 2001, $2,447,220.00, and for the fiscal year beginning July 1, 2002, $3,345,001.00.

(3) From the fish and wildlife fund for the fiscal year beginning July 1, 2001, $287,115.00, and for the fiscal year beginning July 1, 2002, $262,265.00.

(4) From special funds for the fiscal year beginning July 1, 2001, $1,587,576.00, and for the fiscal year beginning July 1, 2002, $1,450,169.00.

(5) From federal and other funds for the fiscal year beginning July 1, 2001, $6,167,775.00, and for the fiscal year beginning July 1, 2002, $5,454,136.00.

(b) With due regard to the possible availability of other funds, for the fiscal years 2002 and 2003, the secretary of administration may transfer from the various appropriations and various funds and from the receipts of the liquor control board such sums as he or she may determine to be necessary to carry out the purposes of this act to the various agencies supported by state funds.

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

Sec. 10. RATE OF ADJUSTMENT FOR DEPARTMENT HEADS

For purposes of determining annual salary adjustments, special salary increases and bonuses under 32 V.S.A. § 1003(b), "the total rate of adjustment available to classified employees under the collective bargaining agreement" shall be deemed to be a pool equivalent to 1.98 percent plus $1,040.00 per person on July 1, 2001, plus an additional $520.00 per person on January 13, 2002 in fiscal year 2002, and 4.98 percent in fiscal year 2003.

Sec. 11. JUDICIARY; COST OF LIVING INCREASES

Until such time as a collective bargaining agreement between the judiciary department and bargaining agent for the employees included in the bargaining unit created pursuant to the Judiciary Employees Labor Relations Act becomes effective, the court administrator shall have discretion to grant cost-of-living and longevity increases that do not exceed cost-of-living or longevity increases negotiated with employees of the executive branch. The exercise of that discretion to grant or withhold such increases shall not be considered an unfair labor practice under section 1026 of Title 3.

Sec. 12. DEFENDER GENERAL; COST-OF-LIVING INCREASES

Until such time as a collective bargaining agreement between the defender general and the employees in the bargaining unit created by the order of the Vermont Labor Relations Board dated October 15, 1999, becomes effective, the defender general shall have discretion to grant cost-of-living and longevity increases to the bargaining unit employees that do not exceed cost-of-living or longevity increases negotiated with other bargaining unit employees of the executive branch. The exercise of that discretion to grant or withhold such increases shall not be considered an unfair labor practice under section 961 of Title 3.

Sec. 13. DEPARTMENT OF PERSONNEL; HEALTH INSURANCE

PROGRAM; APPROPRIATION

The commissioner of personnel is authorized to spend, and there is hereby appropriated, $475,000.00 of state employee health insurance plan fund monies for the purpose of implementing the negotiated changes to the health insurance program.

Sec. 14. SECRETARY OF ADMINISTRATION; DEFENDER GENERAL;

CONTRACTED OUTSIDE COUNSEL

The secretary of administration shall transfer appropriations made under this act, up to the amount of $7,500.00, to the defender general’s office for the purpose of providing contracted outside counsel to represent the defender general’s interests in contract negotiations.

Sec. 15. SECRETARY OF ADMINISTRATION; JUDICIARY

DEPARTMENT; CONTRACTED OUTSIDE COUNSEL

The secretary of administration shall transfer appropriations made under this act, up to the amount of $12,500.00, to the judiciary department for the purpose of providing contracted outside counsel to represent the judiciary department’s interests in contract negotiations.

Sec. 16. COMMISSIONER OF PERSONNEL; REPORT

The commissioner of personnel shall file a report with the general assembly by November 1, 2001, which recommends measures for improving and expediting passage of the "Pay Act". Specifically, the commissioner shall recommend legislative or other modifications to the current process which will enable the general assembly an adequate amount of time to review proposed "Pay Act" legislation. Prior to making these recommendations, the commissioner shall allow input from any agency that is regularly affected by the "Pay Act" and from the Vermont State Employees’ Association.

Approved: June 16, 2001