Journal of the Senate

________________

Tuesday, April 25, 2006

The Senate was called to order by the President pro tempore.

Devotional Exercises

Devotional exercises were conducted by Rabbi Tobie Weisman of Montpelier.

Pledge of Allegiance

The President pro tempore then led the members of the Senate in the Pledge of Allegiance.

Message from the House No. 81

     A message was received from the House of Representatives by Mr. MaGill, its First Assistant Clerk, as follows:

Mr. President:

     I am directed to inform the Senate the House has considered Senate proposals of amendment to House bills of the following titles:

     H. 615.  An act relating to the public records act and application of the deliberative process privilege.

     H. 794.  An act relating to military service and professional regulation.

H. 877.  An act relating to funding of regional technical center school districts.

And has severally concurred therein.

The House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title:

H. 404.  An act relating to access to mental health and substance abuse providers.

And has adopted the same on its part.

Bills Referred to Committee on Finance

House bills of the following titles, appearing on the Calendar for notice, and affecting the revenues of the state, under the rule, were severally referred to the Committee on Finance:

H. 867.

An act relating to miscellaneous changes to education law.

H. 883.

An act relating to amending the charter of the city of Burlington.

Bills Referred

House bills of the following titles were severally read the first time and referred:

H. 868.

An act relating to the municipal land records commission.

To the Committee on Rules.

H. 890.

An act relating to emergency management and public safety.

To the Committee on Rules.

H. 891.

An act relating to the Vermont web portal.

To the Committee on Rules.

Joint Resolution Placed on Calendar

J.R.H. 72.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution urging Congress not to preempt state mental health parity laws as part of the proposed Health Insurance Marketplace Modernization and Affordability Act.

Whereas, in 1997, the General Assembly enacted Act 25 that added section 4089b of Title 8 and is entitled “Health Insurance Coverage; Mental Health and Substance Abuse,” and

Whereas, this new law provided that “a health insurance plan shall provide coverage for treatment of a mental health condition” on the same financial terms and general conditions as for a physical condition, and

Whereas, this statutory provision requiring insurance policies to provide parity for mental health and physical health coverage was pioneering legislation on behalf of mental health insurance coverage, and it remains among the most comprehensive of its kind in the nation, and

Whereas, in 1999, two years after Vermont took this bold legislative initiative, the U.S. Surgeon General issued a report that recommended insurance coverage for mental illness be on par as for other illnesses, and

Whereas, in 2001, President Bush established the New Freedom Commission, which has identified the private health insurance industry’s unfair financial and treatment limitations with respect to the insuring of mental health coverage as one of the three most significant barriers Americans face in obtaining the health care they deserve, and

Whereas, in 2003, in its final report, the commission recommended that mental health be addressed with the same urgency as physical health, and

Whereas, notwithstanding the findings and recommendations of the President’s New Freedom Commission, U.S. Senate Bill S.1995, “The Health Insurance Marketplace Modernization and Affordability Act” (HIMMA) appears headed for debate on the U.S. Senate floor in early May, and

Whereas, according to a study published in the New England Journal of Medicine on March 30, 2006, the federal parity law enacted in 1999 did not result in any increase in health insurance costs, and

Whereas, when psychiatric co-occurring disorders are not addressed, health care costs are increased due to higher utilization of general health care services, more frequent medical specialty visits, increased length of hospital inpatient treatment for surgery and medical care, and higher prescription drug use for medical conditions, and

Whereas, HIMMA would preempt the Vermont mental health parity statute as well as all other state mental health insurance mandates and Vermont’s and other states’ rights in general to choose what protections they offer to their citizens as minimum standards of health insurance coverage, and

Whereas, the impact of this legislation could be devastating for mental health insurance coverage as 39 states now prohibit discrimination in the offering of mental and physical health coverage, and 32 states now mandate the provision of mental health coverage in health insurance policies, and

Whereas, an amendment to HIMMA to require mental health insurance coverage was defeated in the U.S. Senate Health Education, Labor and Pensions Committee, and

Whereas, other amendments, which also focused on the preservation of state parity laws, were also defeated in committee, and

Whereas, the bill has caused enormous concern among patient advocacy groups, and the National Mental Health Association has condemned it as harmful, and

Whereas, as a result of modern scientific research, it is now recognized that the integration of all medical services is vital for the provision of the highest quality health care because: 

1)  there is physiological and biochemical interrelationship between the

brain and body, and

2)  the failure to integrate all medical services results in less successful

treatment outcomes with respect to diverse illnesses, including coronary artery disease, diabetes, and osteoporosis, and

Whereas, the General Assembly remains committed to the public policy enacted in section 4089b of Title 8, Vermont Statutes Annotated, providing for mental health insurance coverage parity, and

Whereas, the preemption of state mental health insurance coverage parity laws would represent an unfathomable step backward in the provision of mental health care services in the United States, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly expresses its strong opposition to Congress’s preemption of state mental health parity laws, and be it further

Resolved:  That the General Assembly urges Congress to reject the proposed Health Insurance Marketplace Modernization and Affordability Act if the final bill continues to preempt state mental health parity laws, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to the Vermont Congressional Delegation.

Thereupon, in the discretion of the President pro tempore, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Adjournment

On motion of Senator Mazza, the Senate adjourned until one o’clock in the afternoon.

Called to Order

The Senate was called to order by the President.


Rules Suspended; Proposal of Amendment; Third Reading Ordered

H. 881.

Appearing on the Calendar for notice, on motion of Senator Bartlett, the rules were suspended and House bill entitled:

An act relating making appropriations for the support of government.

Was taken up for immediate consideration.

Senator Bartlett, for the Committee on Appropriations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.    SHORT TITLE

     (a) This bill may be referred to as the BIG BILL - Fiscal Year 2007 Appropriations Act.

Sec. 2.    PURPOSE

     (a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2007.  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, 2006.  Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2007 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.

Sec. 3.    APPROPRIATIONS

     (a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2007.

     (b) 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 single-year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds.  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.

     (c) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2007

     (d) The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly.  Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.

Sec. 4.    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 property management, repair and maintenance, rental expenses, insurance, postage, travel, energy, and utilities, office and other supplies, equipment including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.

          (4) "Personal services" means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.

Sec. 5.    Secretary of administration - secretary's office

                   Personal services                               471,572 

                   Operating expenses                             43,505 

                   Grants                                               400,000 

                        Total                                            915,077 

               Source of funds                                                   

                   General fund                                      915,077 

     (a) Of the above appropriation, $400,000 is for grants to the 11 existing regional marketing programs (RMP). These grants and additional grants from funds appropriated in this act for regional marketing activities shall continue to be calculated by the existing formula. Upon completion and approval of the grant application and plan, an RMP shall submit appropriately documented expenses, consistent with the approved plan, to the State for reimbursement. Reimbursement shall be made only for the following marketing activities (in no specific order): regional websites, consumer/trade shows, packages/itineraries, regional publications and guides, toll-free phone lines and fulfillment, public relations, advertising, familiarization tours, welcome center promotion, joint projects, and administration. Unused funds remaining at the end of the current fiscal year shall carry forward to the subsequent fiscal year.

     (b) The secretary of administration shall report to the joint fiscal committee at its November 2006 meeting on the allocation of pay act funds for fiscal year 2007. The report shall indicate the funding needed to meet the obligations of the pay act in each department and a detailed analysis of how the pay act need is be fulfilled in each department including changes to programs and positions that remain vacant as result of pay act funding levels. The report shall include the amount of increase provided to exempt positions.

Sec. 6.    Information and innovation - communications and information                                                             technology

                   Personal services                            4,516,891 

                   Operating expenses                           792,925 

                        Total                                         5,309,816 

               Source of funds                                                   

                   Internal service funds                      5,309,816 

     (a) It is the intent of the general assembly to pursue a self-funded web portal for the state.

Sec. 7.    Finance and management - budget and management

                   Personal services                               915,648 

                   Operating expenses                           298,559 

                        Total                                         1,214,207 

               Source of funds                                                   

                   General fund                                   1,104,189 

                   Interdepartmental transfer                  110,018 

                        Total                                         1,214,207 

     (a) The commissioner of finance and management shall reduce the general funds  allocated for the fee for space program within the appropriations of the executive branch by $250,000.This reduction shall be on an equitable pro-rata basis.

Sec. 8.    Finance and management - financial operations

                   Personal services                            2,385,354 

                   Operating expenses                        1,038,142 

                        Total                                         3,423,496 

               Source of funds                                                   

                   Special funds                                       74,272 


                   Internal service funds                      3,349,224 

                        Total                                         3,423,496 

     (a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $4,307,124, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, are hereby approved.  Of this amount, $957,900, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, will be used to support the HCM system that is operated by the department of human resources information technology division. 

Sec. 9.    Human resources - operations

                   Personal services                            1,911,699 

                   Operating expenses                           394,909 

                        Total                                         2,306,608 

               Source of funds                                                   

                   General fund                                   2,000,588 

                   Interdepartmental transfer                  306,020 

                        Total                                         2,306,608 

Sec. 10.  Human resources - HR workforce planning & employment services

                   Personal services                               811,726 

                   Operating expenses                           386,881 

                        Total                                         1,198,607 

               Source of funds                                                   

                   General fund                                      908,107 

                   Special funds                                     290,500 

                        Total                                         1,198,607 

Sec. 11.  Human resources - information technology

                   Personal services                               540,918 

                   Operating expenses                           416,982 

                        Total                                            957,900 

               Source of funds                                                   

                   Internal service funds                         957,900 

Sec. 12.  Human resources - employee benefits & wellness

                   Personal services                            1,380,362 

                   Operating expenses                           367,086 

                        Total                                         1,747,448 

               Source of funds                                                   

                   Internal service funds                      1,747,448 

Sec. 13.  Libraries

                   Personal services                            1,976,553 

                    Operating expenses                        1,653,154 

                   Grants                                                 70,000 

                        Total                                         3,699,707 

               Source of funds                                                   

                   General fund                                   2,546,703 

                   Special funds                                     219,026 

                   Federal funds                                    835,496 

                   Interdepartmental transfer                    98,482 

                        Total                                         3,699,707 

Sec. 14.  Taxes - administration/collection

                   Personal services                          11,814,733 

                   Operating expenses                        2,908,679 

                        Total                                       14,723,412 

               Source of funds                                                   

                   General fund                                 13,896,222 

                   Special funds                                     574,190 

                   Tobacco Fund                                     58,000 

                   Interdepartmental transfer                  195,000 

                        Total                                       14,723,412 

Sec. 15.  [DELETED]

Sec. 16.  Buildings and general services - administration

                   Personal services                            1,812,900 

                   Operating expenses                           316,900 

                        Total                                         2,129,800 

               Source of funds                                                   

                   Interdepartmental transfer               2,129,800 

Sec. 17.  Buildings and general services - engineering

                   Personal services                            1,887,000 

                   Operating expenses                           418,700 

                        Total                                         2,305,700 

               Source of funds                                                   

                   General fund                                   2,260,700 

                   Interdepartmental transfer                    45,000 

                        Total                                         2,305,700 

     (a) The amount of $50,000 in general funds that has been carried forward from previous years in this appropriation shall be reverted in fiscal year 2006.

Sec. 18.  Buildings and general services - information centers

                   Personal services                            3,471,792 

                   Operating expenses                        1,282,500 

                   Grants                                                 45,000 

                        Total                                         4,799,292 

               Source of funds                                                   

                   Transportation fund                        4,799,292 

Sec. 19.  Buildings and general services - purchasing

                   Personal services                               718,800 

                   Operating expenses                           126,476 

                        Total                                            845,276 

               Source of funds                                                   

                   General fund                                      845,276 

Sec. 20.  Buildings and general services - public records

                   Personal services                               801,904 

                   Operating expenses                           673,800 

                        Total                                         1,475,704 

               Source of funds                                                   

                   General fund                                   1,164,444 

                   Special funds                                     311,260 

                        Total                                         1,475,704 

Sec. 21.  Buildings and general services - postal services

                   Personal services                               632,900 

                   Operating expenses                           197,300 

                        Total                                            830,200 

               Source of funds                                                   

                   General fund                                        20,000 

                   Internal service funds                         810,200 

                        Total                                            830,200 

Sec. 22.  Buildings and general services - copy center

                   Personal services                               756,100 

                   Operating expenses                           180,500 

                        Total                                            936,600 

               Source of funds                                                   

                   Internal service funds                         936,600 


Sec. 23.  Buildings and general services - fleet management services

                   Personal services                               481,500 

                   Operating expenses                           159,300 

                        Total                                            640,800 

               Source of funds                                                   

                   Internal service funds                         640,800 

     (a) The department of buildings and general services shall seek a review of the fleet program by the university of Vermont transportation center of excellence as to the financial savings and energy efficiency attributed to the program to date and anticipated through fiscal year 2008. The report of the review and any recommendations shall be provided to the general assembly by February 1, 2007.

Sec. 24.  Buildings and general services - federal surplus property

                   Personal services                                 62,100 

                   Operating expenses                             65,500 

                        Total                                            127,600 

               Source of funds                                                   

                   Enterprise funds                                 127,600 

Sec. 25.  Buildings and general services - state surplus property

                   Personal services                                 58,900 

                   Operating expenses                             62,600 

                        Total                                            121,500 

               Source of funds                                                   

                   Internal service funds                         121,500 

Sec. 26.  Buildings and general services - property management

                   Personal services                            1,301,000 

                   Operating expenses                        2,844,300 

                        Total                                         4,145,300 

               Source of funds                                                   

                   Internal service funds                      4,145,300 

Sec. 27.  Buildings and general services - workers' compensation insurance

                   Personal services                            1,152,800 

                   Operating expenses                           428,700 

                        Total                                         1,581,500 

               Source of funds                                                   

                   Internal service funds                      1,581,500 

     (a) Pursuant to 32 V.S.A. § 307(e), workers' compensation fund charges not to exceed $8,285,299 are hereby approved.

Sec. 28.  Buildings and general services - all other insurance

                   Personal services                                 75,700 

                   Operating expenses                             37,400 

                        Total                                            113,100 

               Source of funds                                                   

                   Internal service funds                         113,100 

Sec. 29.  Buildings and general services - general liability insurance

                   Personal services                               267,600 

                   Operating expenses                             77,300 

                        Total                                            344,900  

               Source of funds                                                   

                   Internal service funds                         344,900 

Sec. 30.  Buildings and general services - fee for space

                   Personal services                          10,529,817 

                   Operating expenses                      10,548,400 

                        Total                                       21,078,217 

               Source of funds                                                   

                   Internal service funds                    21,078,217 

     (a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $21,328,216, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, are hereby approved.

Sec. 31.  Geographic information system

                   Grants                                               411,685 

               Source of funds                                                   

                   Special funds                                     411,685 

Sec. 32.  Executive office - governor's office

                   Personal services                            1,235,847 

                   Operating expenses                           358,744 

                        Total                                         1,594,591 

               Source of funds                                                   

                   General fund                                   1,433,591 

                   Interdepartmental transfer                  161,000 

                        Total                                         1,594,591 


Sec. 33.  Executive office - national and community service

                   Personal services                               199,571 

                   Operating expenses                           131,957 

                   Grants                                            1,715,533 

                        Total                                         2,047,061 

               Source of funds                                                   

                   General fund                                        56,528 

                   Federal funds                                 1,990,533 

                        Total                                         2,047,061 

Sec. 34.  Legislative council

                   Personal services                            1,872,976 

                   Operating expenses                           145,113 

                        Total                                         2,018,089 

               Source of funds                                                   

                   General fund                                   2,018,089 

     (a)  The establishment of one (1) exempt limited service position- Legislative Counsel- is authorized in fiscal year 2007 and shall terminate June 30, 2007.

     (b)  The legislative council shall conduct a review and reorganization of its staff including operations staff, committee assistants, and legislative counselors, with a view to providing more efficient and extensive coverage to all house and senate committees, improved research and drafting services to all members, and better administrative support for the legislature.  This review shall be conducted in the 2006 interim by the legislative council and recommendations if any shall be submitted to the general assembly in January 2007.

Sec. 35.  Legislature

                   Personal services                            3,600,129 

                   Operating expenses                        2,036,909 

                        Total                                         5,637,038 

               Source of funds                                                   

                   General fund                                   5,637,038 

Sec. 36.  Legislative information technology

                   Personal services                               332,187 

                   Operating expenses                           256,071 

                        Total                                            588,258 

               Source of funds                                                   

                   General fund                                      588,258 

Sec. 37.  Joint fiscal committee

                   Personal services                            1,143,796 

                   Operating expenses                             87,831 

                        Total                                         1,231,627 

               Source of funds                                                   

                   General fund                                   1,231,627 

Sec. 38.  Sergeant at arms

                   Personal services                               468,625 

                   Operating expenses                             60,947 

                        Total                                            529,572 

               Source of funds                                                   

                   General fund                                      529,572 

Sec. 39.  Lieutenant governor

                   Personal services                               127,360 

                   Operating expenses                             19,658 

                        Total                                            147,018 

               Source of funds                                                   

                   General fund                                      147,018 

Sec. 40.  Auditor of accounts

                   Personal services                            2,056,162 

                   Operating expenses                           122,054 

                        Total                                         2,178,216 

               Source of funds                                                   

                   General fund                                      521,987 

                   Special funds                                       54,431 

                   Internal service funds                      1,601,798 

                        Total                                         2,178,216 

Sec. 41.  State treasurer

                   Personal services                            2,131,671 

                   Operating expenses                           344,005 

                   Grants                                                 10,000 

                        Total                                         2,485,676 

               Source of funds                                                   

                   General fund                                   1,028,843 

                   Special funds                                  1,315,253 

                   Private purpose trust fund                  141,580 

                        Total                                         2,485,676 

     (a)  Of the above general fund appropriation,  $10,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541.

     (b)  The state treasurer may utilize up to $100,000 in pension trust funds in order to contract with an independent expert to review, evaluate, and make recommendations on pension and retiree health plan provisions and design, as well as benefit and contribution levels, for Vermont state employees and teachers.  The  review is intended to support an adequate, sustainable, and actuarially sound pension and retiree health plan, consistent with governmental accounting standards as well as demographic and workforce trends.  A report of findings and recommendations shall be forwarded to the governor and general assembly by December 15, 2006.

Sec. 42.  State treasurer - unclaimed property

                   Personal services                               586,261 

                   Operating expenses                           299,282 

                        Total                                            885,543 

               Source of funds                                                   

                   Private purpose trust fund                  885,543 

Sec. 43.  Vermont state retirement system

                   Personal services                          21,760,779 

                   Operating expenses                           654,141 

                        Total                                       22,414,920 

               Source of funds                                                   

                   Pension trust funds                        22,414,920 

Sec. 44.  Municipal employees' retirement system

                   Personal services                            1,687,216 

                   Operating expenses                           336,988 

                        Total                                         2,024,204 

               Source of funds                                                   

                   Pension trust funds                          2,024,204 

Sec. 45.  State labor relations board

                   Personal services                               166,808 

                   Operating expenses                             38,801 

                        Total                                            205,609 

               Source of funds                                                   

                   General fund                                      199,739 

                   Special funds                                         5,870 

                        Total                                            205,609 


Sec. 46.  VOSHA review board

                   Personal services                                 32,015 

                   Operating expenses                               8,523 

                        Total                                              40,538 

               Source of funds                                                   

                   General fund                                        20,269 

                   Federal funds                                      20,269 

                        Total                                              40,538 

Sec. 47.  Use tax reimbursement fund - municipal current use

                   Grants                                            8,113,944 

               Source of funds                                                   

                   General fund                                   8,113,944 

Sec. 48.  Lottery commission

                   Personal services                            1,337,891 

                   Operating expenses                        1,077,287 

                        Total                                         2,415,178 

               Source of funds                                                   

                   Enterprise funds                              2,415,178 

     (a) The lottery commission shall transfer $150,000 to the department of health, office of alcohol and drug abuse programs to support the gambling addiction program.

     (b) The Vermont state lottery shall provide assistance and work with the Vermont council on problem gambling on systems and program set up and development.

     (c) The state lottery shall develop formal policies as to the distribution of free tickets.  Said policies shall be submitted to the general assembly with the fiscal year 2008 state budget submission and with the commission's annual report.

Sec. 49.  Payments in lieu of taxes

                   Grants                                            3,100,000 

               Source of funds                                                   

                   General fund                                      600,000 

                   Special funds                                  2,500,000 

                        Total                                         3,100,000 

     (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.

Sec. 50.  VENDOR AND OTHER DEPOSITS AGENCY FUND

     (a) At the close of fiscal year 2006, funds in the vendor and other deposits agency fund, retained pursuant to 24 V.S.A. § 138(d), shall be distributed as follows: 70 percent to the municipalities that have enacted local option taxes pursuant to 24 V.S.A. § 138 in the same proportion as local option revenues were collected from such municipalities; and the remainder as a supplemental payment to recipients of  PILOT payments proportionately consistent  with the fiscal year 2006 distribution.

Sec. 50a.  REPORT ON PAYMENTS TO MUNICIPALITIES RELATED TO STATE OWNED BUILDINGS

     (a) The director of property valuation and review and the commissioner of buildings and general services shall provide a report to the general assembly on January 15, 2007 on all payments made to municipalities for any reason specifically related to state owned buildings and lands in fiscal year 2006. Included in the inventory of payments are payment in lieu of taxes programs of the state, specific contractual obligations including utility payments.  The report shall indicate if a specific property arrangement results in payments to municipalities through PILOT programs and other payment mechanisms. The report shall include specific information on any formula used to make payments.

Sec. 51.  Payments in lieu of taxes - Montpelier

                   Grants                                               184,000 

               Source of funds                                                   

                   General fund                                      184,000 

Sec. 52.  Payments in lieu of taxes - correctional facilities

                   Grants                                                 40,000 

               Source of funds                                                   

                   General fund                                        40,000 

Sec. 53.  Total general government                 135,014,534 

               Source of funds                                                   

                   General fund                                 47,761,809 

                   Transportation fund                        4,799,292 

                   Special funds                                  5,756,487 

                   Tobacco fund                                      58,000 

                   Federal funds                                 2,846,298 

                   Enterprise funds                              2,542,778 

                   Internal service funds                    42,738,303 

                   Pension trust funds                        24,439,124 

                   Private purpose trust funds              1,027,123 

                   Interdepartmental transfer               3,045,320 

                        Total                                     135,014,534 

Sec. 54.  Protection to persons and property - attorney general

                   Personal services                            6,897,601 

                   Operating expenses                           932,612 

                        Total                                         7,830,213 

               Source of funds                                                   

                   General fund                                   3,269,648 

                   Special funds                                  2,175,000 

                   Tobacco fund                                    290,000 

                   Federal funds                                    682,000 

                   Interdepartmental transfer               1,413,565 

                        Total                                         7,830,213 

     (a) Notwithstanding any other provisions of law, the office of the attorney general, Medicaid fraud control unit is authorized to retain one-half of any civil monetary penalty proceeds from global Medicaid fraud settlements. All penalty funds retained shall be used to finance Medicaid fraud and residential abuse unit activities.

Sec. 55.  REPEAL

     (a) 3 V.S.A. § 251 (bonded officials) is repealed.

Sec. 56.  Vermont court diversion

                   Grants                                            1,604,534 

               Source of funds                                                   

                   General fund                                   1,204,534 

                   Special funds                                     400,000 

                        Total                                         1,604,534 

Sec. 57.  Defender general - public defense

                   Personal services                            6,144,740 

                   Operating expenses                           671,119 

                        Total                                         6,815,859 

               Source of funds                                                   

                   General fund                                   6,198,551 

                   Special funds                                     502,502 

                   Interdepartmental transfer                  114,806 

                        Total                                         6,815,859 

     (a)  Of the above general fund appropriation, $50,000 shall be used for purposes of funding psycho-sexual evaluations necessitated by section 204a of Title 28. 

     (b)  Of the above general fund appropriation, $125,000 shall be used for purposes of funding the non-violent felony unit established by section 16 of  H.856.

     (c)  The establishment of up to three (3) exempt positions:  (1) One level III, step 1 attorney; (1) One level II, step 2 attorney; and (1) One support secretary is authorized in fiscal year 2007 for purposes of staffing the non-violent felony unit established by section 5 of H.856.  These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 58.  Defender general - assigned counsel

                   Personal services                            2,862,918 

                   Operating expenses                             62,552 

                        Total                                         2,925,470 

               Source of funds                                                   

                   General fund                                   2,825,470 

                   Special funds                                     100,000 

                        Total                                         2,925,470 

Sec. 59.  Judiciary

                   Personal services                          25,853,612 

                   Operating expenses                        7,150,842 

                        Total                                       33,004,454 

               Source of funds                                                   

                   General fund                                 29,639,189 

                   Special funds                                     782,335 

                   Tobacco fund                                      40,000 

                   Federal funds                                    421,930 

                   Interdepartmental transfer               2,121,000 

                        Total                                       33,004,454 

     (a) The establishment of one (1) new limited service position - Project Manager - is authorized in fiscal year 2007.

     (b) The establishment of eight (8) new limited service positions - Court Security Officer - is authorized in fiscal year 2007.

     (c) The establishment of one (1) new permanent position - Financial Specialist - is authorized in fiscal year 2007.


Sec. 60.  4 V.S.A. § 908 is added to read;

§ 908.  ATTORNEYS’ ADMISSION, LICENSING AND PROFESSIONAL RESPONSIBILITY SPECIAL FUND

     (a) There is established the  attorneys’ admission, licensing and professional responsibility special fund which shall be managed in accordance with subchapter 5, chapter 7 of  Title 32.  Fees collected for licensing of attorneys, administration of the bar examination, admitting attorneys to practice in Vermont and administration of mandatory continuing legal education shall be deposited and credited to this fund.  This fund shall be available to the judicial branch to offset the cost of operating the professional responsibility board, the board of bar examiners, the judicial conduct board, the committee on character and fitness, the mandatory continuing legal education program for attorneys and, at the discretion of the supreme court, to make grants to the Vermont bar foundation to be used to support legal services for the disadvantaged.

Sec. 61.  State's attorneys

                   Personal services                            8,277,260 

                   Operating expenses                        1,174,969 

                        Total                                         9,452,229 

               Source of funds                                                   

                   General fund                                   7,582,231 

                   Special funds                                     100,578 

                   Federal funds                                      25,000 

                   Interdepartmental transfer               1,744,420 

                        Total                                         9,452,229 

     (a) The amount of $147,912 in general funds that is carried forward in this appropriation from fiscal year 2005, shall revert to the general fund in fiscal year 2006.

     (b) Of the above appropriation, $50,000 shall be used to replace lost Byrne grant funds to maintain two Chittenden county attorneys.

     (c) Of the above appropriation, $40,000 shall be available to make a one-half time position into a full-time position in Windsor county.

Sec. 62.  Sheriffs

                   Personal services                            2,815,590 

                   Operating expenses                           309,244 

                        Total                                         3,124,834 

               Source of funds                                                   

                   General fund                                   3,124,834 

     (a) Of the above appropriation, $15,000 shall be transferred to the state's attorneys' office as reimbursement for the cost of the executive director's salary.

     (b) Of the above appropriation, $35,000 shall be used for enforcement of the Lamoille Valley Trail.

Sec. 63.  Public safety - administration

                   Personal services                            1,671,312 

                   Operating expenses                           162,943 

                        Total                                         1,834,255 

               Source of funds                                                   

                   General fund                                   1,834,255 

     (a) The amount of $50,000 in general funds that were appropriated in Sec. 85(e) of No. 122 of the Acts of 2004 and amended by Sec. 12 of  No. 6 of the Acts of 2005 shall revert to the general fund in fiscal year 2006.

Sec. 64.  Public safety - homeland security

                   Personal services                            1,517,922 

                   Operating expenses                        4,504,102 

                   Grants                                          14,838,700 

                        Total                                       20,860,724 

               Source of funds                                                   

                   General fund                                      435,157 

                   Special funds                                         7,400 

                   Federal funds                               20,417,717 

                   Interdepartmental transfer                         450 

                        Total                                       20,860,724 

     (a) Up to $5,000,000 in federal homeland security grant funds from the above appropriation may be used for planning, management, and initial development of the Vermont communications (VCOMM) statewide public safety communications system. If additional homeland security grant funds become available, up to $5,000,000 of these funds may be used for this purpose in fiscal year 2007. These funds shall be used to establish a statewide VCALL/UCALL interoperable network, as recommended by the VCOMM board authorized by executive order of the governor.

     (b) The commissioner shall report on the status and use of these federal homeland security grant funds to the joint fiscal committee at its September 2006 meeting and to the house and senate committees on government operations and appropriations by January 15, 2007.


Sec. 65.  Public safety - state police

                   Personal services                          37,651,431 

                   Operating expenses                        5,707,781 

                   Grants                                            1,635,950 

                        Total                                       44,995,162 

               Source of funds                                                   

                   General fund                                   3,157,383 

                   Transportation fund                      33,834,555 

                   Special funds                                  3,293,766 

                   Federal funds                                 4,156,802 

                   Interdepartmental transfer                  552,656 

                         Total                                       44,995,162 

     (a) Of the above appropriation, $35,000 in special funds shall be available for snowmobile law enforcement activities and $35,000 in general funds shall be available to the southern Vermont wilderness search and rescue team, which comprises state police, the department of fish and wildlife, county sheriffs, and local law enforcement personnel in Bennington, Windham, and Windsor counties for snowmobile enforcement.

     (b) Of the $230,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers. These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts.  The remaining $40,000 shall remain as a "pool" of money available to local and county law enforcement to fund overtime costs associated with heroin investigations. Any unexpended funds from prior fiscal years shall be carried forward.

     (c) Of the above appropriation, $365,147 shall be used to support the governor's protective services unit.

Sec. 66.  Public safety - criminal justice services

                   Personal services                            5,925,379 

                   Operating expenses                        2,404,337 

                   Grants                                            2,182,500 

                        Total                                       10,512,216 

               Source of funds                                                   

                   General fund                                      760,000 

                   Transportation fund                        4,323,039 

                   Special funds                                  1,322,337 

                   Federal funds                                 3,678,817 


                   Interdepartmental transfer                  428,023 

                        Total                                       10,512,216 

Sec. 67.  Public safety - emergency management

                   Personal services                            1,301,165 

                   Operating expenses                           459,748 

                   Grants                                               721,050 

                        Total                                         2,481,963 

               Source of funds                                                   

                   Transportation fund                             63,969 

                   Special funds                                       97,957 

                   Federal funds                                 2,320,037 

                        Total                                         2,481,963 

Sec. 68.  Public safety - emergency management - radiological emergency response plan

                   Personal services                               667,284 

                   Operating expenses                           239,640 

                   Grants                                               453,516 

                        Total                                         1,360,440 

               Source of funds                                                   

                   Special funds                                  1,360,440 

     (a)  Of the above special fund appropriation, up to $30,000 shall be available to contract with any radio station serving the emergency planning zone for the emergency alert system.

Sec. 68a. 20 V.S.A. § 3a is amended to read:

§ 3a.        EMERGENCY MANAGEMENT DIVISION; DUTIES; BUDGET

     (a)  In addition to other duties required by law, the emergency management division shall:

          (1)  Prepare  Establish and define emergency planning zones and prepare and maintain a radiological emergency response plan in cooperation with other state and local agencies for use in such zones.  The plan shall be designed to protect the lives and property of persons residing within this state who might be threatened as the result of their proximity to any operating nuclear reactor.  The plan shall be formulated in accordance with procedures approved by the Federal Nuclear Regulatory Commission.  The plan shall provide for all the following:

               (A)  Monitoring radiological activity within the state.

               (B)  Emergency evacuation routes within a ten-mile radius of any operating nuclear reactor.

               (C)  Adequate notification and communications systems.

               (D)  Contingency procedures as deemed necessary in the event of an incident or accident involving an operating nuclear reactor.

          (2)  Assist the state emergency response commission, the local emergency planning committees and the municipally established local organizations referred to in section 6 of this title in developing, implementing and coordinating emergency response plans.

          (3)  Provide administrative support to the state emergency response commission.

     (b)  Each fiscal year, the division of emergency management in collaboration with the state and local agencies , the management of the nuclear power plant, the select boards of the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or emergency planning zone entity defined by the state as required to support the radiological emergency response plan shall develop the budget for expenditures from the radiological emergency response plan fund.  The expenditure budget so prepared shall include all costs for evacuation notification systems.

     (c)  From the fund, each town within the emergency planning zone shall receive an annual base payment of no less than $5,000.00 for radiological emergency response related expenditures.  Additional expenditures by the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or emergency planning entity defined by the state as required to support the plan shall be determined during the budget development process established by this section.

Sec. 69.  Public safety - fire safety

                    Personal services                            3,743,689 

                   Operating expenses                           929,794 

                   Grants                                                 48,000 

                        Total                                         4,721,483 

               Source of funds                                                   

                   General fund                                      713,652 

                   Special funds                                  3,738,363 

                   Federal funds                                      91,068 

                   Interdepartmental transfer                  178,400 

                        Total                                         4,721,483 

     (a)  Of the above general fund appropriation, $50,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.

Sec. 70.  Military - administration

                   Personal services                               475,193 

                   Operating expenses                           151,271 

                   Grants                                               200,000 

                        Total                                            826,464 

               Source of funds                                                   

                   General fund                                      826,464 

     (a) Of the above appropriation, an amount not to exceed $200,000 shall be disbursed to the Vermont student assistance corporation to replenish the amount available for the national guard scholarship program established in 16 V.S.A. § 2856 to a level of $200,000. At the end of fiscal year 2007, any part of the $200,000 appropriation not transferred to the Vermont student assistance corporation shall revert to the general fund.

     (b) Total disbursements by the Vermont student assistance corporation under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2007.

Sec. 71.  Military - air service contract

                   Personal services                            4,015,783 

                   Operating expenses                           875,237 

                        Total                                         4,891,020 

               Source of funds                                                   

                   General fund                                      339,579 

                   Federal funds                                 4,551,441 

                        Total                                         4,891,020 

Sec. 72.  Military - army service contract

                   Personal services                            3,361,860 

                   Operating expenses                        5,780,134 

                        Total                                         9,141,994 

               Source of funds                                                   

                   General fund                                      110,625 

                   Federal funds                                 9,031,369 

                        Total                                         9,141,994 

Sec. 73.  Military - building maintenance

                   Personal services                               915,455 

                   Operating expenses                           441,925 

                        Total                                         1,357,380 

               Source of funds                                                   

                   General fund                                   1,357,380 

Sec. 74.  Military - veterans' affairs

                   Personal services                               265,466 

                   Operating expenses                           107,315 

                   Grants                                               172,815 

                        Total                                            545,596 

               Source of funds                                                   

                   General fund                                      545,596 

     (a) Of the above appropriation, $15,000 shall be used for continuation of the Vermont medal program, $10,000 shall be used for the expenses of the governor's veterans' advisory council, $15,000 shall be used for the Veterans' Day parade, and $5,000 shall be granted to the Vermont state council of the Vietnam Veterans of America to fund the service officer program. 

Sec. 75.  Center for crime victims services

                   Personal services                            1,159,459 

                   Operating expenses                           287,068 

                   Grants                                            8,183,201 

                        Total                                         9,629,728 

               Source of funds                                                   

                   General fund                                   1,125,253 

                   Special funds                                  4,420,155 

                   Federal funds                                 4,021,120 

                   Interdepartmental  transfer                   63,200 

                        Total                                         9,629,728 

     (a) The center for crime victims' services shall review the allocation of the victims' advocates to address the current imbalance in caseload. This review shall consider the number of hours worked by each advocate and the caseload of each advocate.  The director shall report the findings of this review to the house and senate committees on appropriations during testimony on the fiscal year 2008 budget.

Sec. 76.  Criminal justice training council

                   Personal services                            1,007,217 

                   Operating expenses                           800,611 

                        Total                                         1,807,828 

               Source of funds                                                   

                   General fund                                   1,171,978 

                   Special funds                                     505,452 

                   Interdepartmental transfer                  130,398 

                        Total                                         1,807,828 

Sec. 77.  Agriculture, food and markets - administration

                   Personal services                               855,670 

                   Operating expenses                           446,851 

                   Grants                                               357,114 

                        Total                                         1,659,635 

               Source of funds                                                   

                   General fund                                   1,403,539 

                   Special funds                                     118,940 

                   Federal funds                                      78,543 

                   Interdepartmental transfer                    58,613 

                        Total                                         1,659,635 

Sec. 77a. AGENCY OF AGRICULTURE, FOOD, AND MARKETS - MITIGATION RULES

     (a) The agency of agriculture, food, and markets shall consult with and present to the house and senate committees on agriculture their recommendations on agricultural land mitigation rules under S.142 of the 2006 session prior to initiating the rules.

Sec. 77b. AGENCY OF AGRICULTURE, FOOD, AND MARKETS OUTREACH, EDUCATION, AND TRAINING REGARDING CONTAGIOUS LIVESTOCK DISEASES AND ANIMAL PREMISES REGISTRATION

     (a)  Prior to January 15, 2007, the agency of agriculture, food and markets shall develop educational and training programs and conduct at least two public hearings to inform farmers in Vermont of the threat to humans and livestock posed by a potential outbreak of a contagious disease in livestock in Vermont.  The educational materials and training shall provide information:

          (1)  regarding how and when a contagious disease in livestock, including avian influenza, could enter the state; how to detect symptoms of a contagious disease in livestock or wild animals; the role that large-scale commercial farming and backyard hobby farming may have in the spread of a contagious disease; and the potential impact of a contagious disease on food production and distribution; and

          (2)  regarding the details of an animal premises registration rule proposed by the agency of agriculture, food and markets, including when a livestock owner would be required to register, the penalties for failure to register, how the agency of agriculture, food and markets shall manage and use information collected from livestock owners, how the agency of agriculture would respond to outbreaks of contagious diseases, and how the required registration with the state will impact local food production and distribution.

Sec. 77c. AGENCY OF AGRICULTURE, FOOD AND MARKETS ANIMAL PREMISES REGISTRATION SYSTEM REPORT AND RULES

     (a)  Findings.  The general assembly finds and declares that it is the policy of the state of Vermont to protect the state’s agricultural sector from outbreaks of contagious livestock diseases.  Efforts to control outbreaks of contagious diseases in livestock are necessary to protect public health, maintain animal health, and prevent damage to the agricultural economy of the state.  Nevertheless, protection of the state’s agricultural sector must not result in excessive or restrictive regulation of ownership of livestock.  Consequently, notwithstanding existing requirements in statute or rule for the identification of animals, it is the intention of the general assembly that any effort by the agency of agriculture, food and markets to adopt a new system to register livestock and livestock owners in order to respond to the outbreak of contagious diseases in livestock should be limited to an animal premises registration system and should not impose requirements related to individual animal identification or monitoring of animal movement.

     (b)  Prior to filing a final proposal under sections 836 and 841 of Title 3 of a rule for animal premises registration, the secretary of agriculture, food and markets shall report a proposed final rule for animal premises registration to the house and senate committees on agriculture.  The house and senate committees on agriculture shall review the proposed rule and recommend whether the proposed rule should be amended and whether a final proposal of the rule should be filed with the secretary of state and the legislative committee on administrative rules under sections 836 and 841 of Title 3.

     (c)  Prior to January 15, 2007, the secretary of agriculture, food and markets shall complete a study of the effectiveness of a voluntary animal premises registration system in the state.  The secretary shall report the findings of the study to the house and senate committees on agriculture.  The report shall include:

          (1)  A summary of the federal national animal identification system plan and a list of any components of the federal plan that the state is required to implement under federal statute or rules;

          (2)  A summary of the amount of information collected under the state voluntary animal premises registration system and the type of farms that have registered under the voluntary system, provided that no confidential personal information shall be included in the report;

          (3)  An analysis of the effectiveness of the state voluntary animal premises registration system;

          (4)  An accounting of the cost to the agency of agriculture, food and markets of implementing the state voluntary animal premises registration system and an estimate of the increased funding that would be necessary for  the agency of agriculture, food and markets to implement a mandatory animal premises identification system; and

          (5)  A summary of any and all contagious animal disease outbreaks within the state of Vermont, New England, and the northeastern provinces of Canada in the year preceding the date the report is filed with the general assembly.

Sec. 78.  Agriculture, food and markets - food safety and consumer protection

                   Personal services                            2,478,439 

                   Operating expenses                           271,787 

                   Grants                                            2,801,492 

                        Total                                         5,551,718 

               Source of funds                                                   

                   General fund                                   1,404,221 

                   Special funds                                  3,513,447 

                   Federal funds                                    627,050 

                   Interdepartmental transfer                      7,000 

                        Total                                         5,551,718 

Sec. 79.  Agriculture, food and markets - agricultural development

                   Personal services                               826,041 

                   Operating expenses                           504,152 

                   Grants                                            1,249,421 

                        Total                                         2,579,614 

               Source of funds                                                   

                   General fund                                      813,420 

                   Special funds                                  1,571,703 

                   Federal funds                                    194,491 

                   Interdepartmental transfer                            

                        Total                                         2,579,614 

     (a) Of the above appropriation $75,000 shall be granted to the Northeast Organic Farming Association of Vermont (NOFA) to be used to hire additional staff to assist farmers seeking to transition to organic farming.

     (b) The agency of agriculture shall make a grant of $100,000 to the Franklin County Farmers Watershed Alliance for the purpose of an agricultural watershed pilot program. This grant shall be from general funds available from onetime funds appropriated in Sec.261b (a)(1) of Act 63 of 2001.

     (c) The agency of agriculture shall make a grant of $75,000 to the Food Venture Center  to be used to support an expansion and relocation of the center. This grant shall be from general funds available from onetime funds appropriated in Sec.261b (a)(1) of Act 63 of 2001.

     (d) Of the above appropriation, $125,000 shall be granted to Vermont schools in amounts no greater than $15,000 to encourage the use of Vermont farm products by Vermont schools.

Sec. 80.  Agriculture, food and markets - laboratories, agricultural resource management, and environmental stewardship

                   Personal services                            3,079,164 

                   Operating expenses                           504,576 

                   Grants                                               576,000 

                        Total                                         4,159,740 

               Source of funds                                                   

                   General fund                                   1,935,149 

                   Special funds                                  1,488,583 

                   Federal funds                                    471,118 

                   Interdepartmental transfer                  264,890 

                        Total                                         4,159,740 

Sec. 81.  Agriculture, food and markets - state stipend

                    Grants                                               175,000 

               Source of funds                                                   

                   General fund                                      175,000 

Sec. 82.  Agriculture, food and markets - mosquito control

                   Personal services                                 20,000 

                   Operating expenses                             70,000 

                        Total                                              90,000 

               Source of funds                                                   

                   Special funds                                       90,000 

Sec. 83.  Banking, insurance, securities, and health care administration - banking

                   Personal services                            1,133,430 

                   Operating expenses                           280,645 

                        Total                                         1,414,075 


               Source of funds                                                   

                   Special funds                                  1,414,075 

     (a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2007, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f).

Sec. 84.  Banking, insurance, securities, and health care administration - insurance

                   Personal services                            2,918,926 

                   Operating expenses                           518,400 

                        Total                                         3,437,326 

               Source of funds                                                   

                   Special funds                                  3,437,326 

Sec. 85.  Banking, insurance, securities, and health care administration - captive

                   Personal services                            2,785,349 

                   Operating expenses                           438,260 

                        Total                                         3,223,609 

               Source of funds                                                   

                   Special funds                                  3,223,609 

Sec. 86.  Banking, insurance, securities, and health care administration - securities

                   Personal services                               524,668 

                   Operating expenses                           133,050 

                        Total                                            657,718 

               Source of funds                                                   

                   Special funds                                     657,718 

Sec. 87.  Banking, insurance, securities, and health care administration - health care administration

                   Personal services                            4,541,080 

                   Operating expenses                           379,818 

                        Total                                         4,920,898 

               Source of funds                                                   

                   General fund                                      711,000 

                   Special funds                                  2,423,717 

                   Global Commitment                        1,716,181 

                   Interdepartmental transfer                    70,000 

                        Total                                         4,920,898 

     (a) Of the above appropriation, $700,000, consisting of $395,000 in general funds, $105,000 in Global Commitment funds, and $200,000 in special funds, is for a continuation of the project conducted by the Vermont information technology leaders (VITL), as referred to in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of  2006.  Availability of the $700,000 funds is contingent on the secretary of administration's approval of a plan submitted by VITL to coordinate VITL's activities with "the Vermont blueprint for health  chronic care initiative" and other healthcare-related statewide information technology projects.  Availability of the $700,000 shall also be contingent on:  the delivery by VITL of a sustainable business plan to the secretary of administration and the general assembly; and a commitment by VITL to use "best efforts" to secure a non-state match for the funds.  If at any time VITL no longer demonstrates the ability to deliver the work described in 18 V.S.A. § 9417, the state shall have the right to assume ownership of all licenses, intellectual property, and work product of VITL developed for the state pursuant to section 9417 or otherwise. The $700,000 in this section shall not be available until the funding in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of 2006, has been fully expended.

Sec. 88.  Banking, insurance, securities, and health care administration - administration

                   Personal services                            1,059,213 

                   Operating expenses                             51,417 

                        Total                                         1,110,630 

               Source of funds                                                   

                   Special funds                                  1,110,630 

Sec. 89.  Secretary of state

                   Personal services                            4,040,135 

                   Operating expenses                        1,341,443 

                   Grants                                            1,200,000 

                        Total                                         6,581,578 

               Source of funds                                                   

                   General fund                                      586,693 

                   Special funds                                  3,919,885 

                   Federal funds                                 2,000,000 

                   Interdepartmental transfer                    75,000 

                        Total                                         6,581,578 

     (a)  The corporation division of the secretary of state's office represents $480,889 of the above special fund appropriation, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).

     (b) Notwithstanding any other provision of law, in fiscal year 2006, the amount of $220,000 shall be transferred to the general fund from the Vermont campaign fund established in 17 V.S.A. § 2856.

     (c) Notwithstanding 17 V.S.A. § 2855(a), in fiscal year 2007, the secretary of state may make public finance grants to qualified candidates from the Vermont campaign fund in anticipation of receipts coming into the fund.

Sec. 90.  Public service - regulation and energy

                   Personal services                            4,547,379 

                   Operating expenses                           674,884 

                   Grants                                               800,000 

                        Total                                         6,022,263 

               Source of funds                                                   

                   Special funds                                  4,829,463 

                   Federal funds                                 1,157,800 

                   Interdepartmental transfer                    35,000 

                        Total                                         6,022,263 

Sec. 91.  Public service - purchase and sale of power

                   Personal services                                 11,886 

                   Operating expenses                               1,516 

                        Total                                              13,402 

               Source of funds                                                   

                   Special funds                                       13,402 

Sec. 92.  Public service board

                   Personal services                            2,447,097 

                   Operating expenses                           310,000 

                        Total                                         2,757,097 

               Source of funds                                                   

                   Special funds                                  2,757,097 

Sec. 93.  Enhanced 9-1-1 board

                   Personal services                            2,106,208 

                   Operating expenses                           371,986 

                        Total                                         2,478,194 

               Source of funds                                                   

                   Special funds                                  2,478,194 


Sec. 94.  Vermont racing commission

                   Personal services                                          0 

                   Operating expenses                               1,000 

                        Total                                                1,000 

               Source of funds                                                   

                General fund                                              1,000 

Sec. 95.  Human rights commission

                   Personal services                               379,094 

                   Operating expenses                             78,912 

                        Total                                            458,006 

               Source of funds                                                   

                   General fund                                      288,006 

                   Federal funds                                    170,000 

                        Total                                            458,006 

Sec. 96.  Liquor control - enforcement and licensing

                   Personal services                            1,616,703 

                   Operating expenses                           334,752 

                        Total                                         1,951,455 

               Source of funds                                                   

                   Tobacco fund                                    289,768 

                   Enterprise funds                              1,661,687 

                        Total                                         1,951,455 

Sec. 97.  Liquor control - administration

                   Personal services                            1,304,489 

                   Operating expenses                           370,241 

                        Total                                         1,674,730 

               Source of funds                                                   

                   Enterprise funds                              1,674,730 

Sec. 98.  Liquor control - warehousing and distribution

                   Personal services                               790,029 

                   Operating expenses                           343,527 

                        Total                                         1,133,556 

               Source of funds                                                   

                   Enterprise funds                              1,133,556 

Sec. 99.  Total protection to persons and property 231,775,090

               Source of funds                                                   

                   General fund                                 73,539,807 

                   Transportation fund                      38,221,563 

                   Special funds                                51,854,074 

                   Tobacco fund                                    619,768 

                   Global Commitment funds               1,716,181 

                   Federal funds                               54,096,303 

                   Enterprise funds                              4,469,973 

                   Interdepartmental transfer               7,257,421 

                        Total                                     231,775,090 

Sec. 100. Human services - agency of human services - secretary's office

                   Personal services                            6,522,771 

                   Operating expenses                        2,220,100 

                   Grants                                            4,576,108 

                        Total                                       13,318,979 

               Source of funds                                                   

                   General fund                                   3,726,910 

                   Special funds                                         7,517 

                   Tobacco fund                                    612,021 

                   Federal funds                                 4,770,606 

                   Interdepartmental transfer               4,201,925 

                        Total                                       13,318,979 

     (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)  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.

     (d)  Of the above tobacco settlement funds, $54,000 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.

     (e)  Of the above tobacco fund appropriation, $143,000 shall be used for a grant to Lamoille County people in partnership for wrap-around services for at-risk youth.

     (f)  Of the above tobacco fund appropriation, $100,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 for safe housing provisions for at-risk youth.

     (g)  Of the above tobacco fund appropriation, $200,000 along with available matching federal funds shall be available for services required for petitions filed by the agency under 33 V.S.A. § 5517(e).

     (h) The administration and the Vermont council of developmental and mental health services have agreed that in state fiscal year 2008, a 7.5 percent state funding increase will be recommended for the designated agencies. The agency of human services and Vermont council of developmental and mental health services will work collaboratively with consumers, families, and advocates to make a recommendation as to how this increase will be allocated.

     (i)  The agency of human services shall conduct a study of the sustainability of the designated provider system for substance abuse, developmental and mental health services.  The study will result in a five year strategic plan to address demographic trends, labor market trends and the availability of state and federal resources.  The agency shall utilize an advisory board of consumers, family members, advocates and designated agencies to oversee the study and to address the recommendations made in the original sustainability study.

Sec. 101. Secretary's office - Global Commitment

                   Grants                                        792,125,839 

               Source of funds                                                   

                   General fund                               116,662,839 

                   Special funds                                12,939,662 

                   Tobacco fund                               19,299,711 

                   State health care resources fund  153,832,688 

                   Federal funds                             487,111,736 

                   Interdepartmental transfer               2,279,203 

                        Total                                     792,125,839 

     (a)  The agency of human services shall use the funds appropriated in this section for payment of the actuarially certified premium required under the intergovernmental agreement between the agency of human services and the managed care organization in the office of Vermont health access as provided for in the Global Commitment to health waiver (“Global Commitment”) approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

     (b)  In addition to the state funds appropriated in this section, a total estimated sum of $35,594,773 is anticipated to be certified as state matching funds under the Global Commitment as follows:

          (1)  $19,536,735 certified state match available from local education agencies.  This amount combined with $27,665,633 of federal funds appropriated in this section equals a total estimated expenditure of $47,202,367 for eligible special education schoolbased Medicaid services under the Global Commitment.

          (2) $1,497,110 certified state match available from local education agencies for eligible services under the Global Commitment provided to students under Section 504 of the Rehabilitation Act of 1973.

          (3) $7,459,137 certified state match available from local education agencies for eligible services under the Global Commitment provided to students through school-based health services, including school nurses.

          (4) $4,215,210 certified state match available from local education agencies for eligible services provided to students in the success beyond six programs.

          (5) $1,847,186 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.

          (6) $1,039,395 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.

Sec. 102. Rate setting

                   Personal services                               685,795 

                   Operating expenses                             92,395 

                        Total                                            778,190 

               Source of funds                                                   

                   Interdepartmental transfer                  778,190 

Sec. 103. Developmental disabilities council

                   Personal services                               139,974 

                   Operating expenses                             33,310 

                   Grants                                               315,000 

                        Total                                            488,284 

               Source of funds                                                   

                   Federal funds                                    488,284 

Sec. 104. Human services board

                   Personal services                               290,456  

                   Operating expenses                             50,457 

                        Total                                            340,913 

               Source of funds                                                   

                   General fund                                        50,247 

                   Federal funds                                      11,280 

                   Interdepartmental transfer                  279,386 

                        Total                                            340,913 

Sec. 105. Office of Vermont health access - administration

                   Personal services                          26,611,976 

                   Operating expenses                        1,918,014 

                        Total                                       28,529,990 

               Source of funds                                                   

                   Global Commitment fund              28,167,196 

                   Interdepartmental transfer                  362,794 

                        Total                                       28,529,990 

Sec. 106. MEDICAID TRANSPORTATION SPECIAL CONTRACTS

     (a) The agency of human services may contract with a public or private entity to provide transportation related to school-based health or dental clinic services for children enrolled in Medicaid or Dr. Dynasaur.

Sec. 107. Office of Vermont health access - Medicaid program - Global Commitment

                   Grants                                        389,504,923 

               Source of funds                                                   

                   Global Commitment fund            389,504,923 

                        Total                                                         

     (a) The agency of human services is directed to reinstate chiropractic coverage for adults in the Medicaid and VHAP programs effective September 1, 2006, consistent with section 4088a of Title 8 and at the same rates for procedure codes for care or services provided in common by health care practitioners.

     (b) The office of Vermont health access and the department of disabilities aging and independent living may where feasible seek to more efficiently utilize funds in the "high tech" program while maintaining adequate medical care.

Sec. 107a. MEDICAID GENERIC DISPENSING FEE REDUCTION STUDY

     (a) The office of Vermont health access shall conduct an impact analysis of the Deficit Reduction Act of 2005 (H.R. 4241/S.1932) on pharmacists and the Vermont pharmacy benefits program. Specifically the office shall evaluate:

          (1) The impact of the lower dispensing fee payments to pharmacists for generic drugs only on Vermont’s efforts to promote use of generic drugs;

          (2) The impact on Vermont pharmacists and on program participant access to Medicaid drugs.

          (3) The state’s potential direct savings due to the dispensing fee change and options to offset any negative impacts that are identified.

     (b) The office shall provide preliminary findings to the legislative health access oversight committee and the legislative joint fiscal committee by Septembe r 1, 2006, with a final report to be submitted to the above committees by November 15, 2006

Sec. 108. ADULT DENTAL SERVICES

(a) It is the intent of the general assembly that effective January 1, 2007 an annualized increase of $300,000 is made for adult dental services which shall be used to restore and increase Medicaid dental rates and to increase the cap on adult dental services from the current level.

     (b) The office of Vermont health access shall use $242,836 of the above appropriation for bonus payments to dentists with high Medicaid patient counts.  The department shall design and implement the program by October 1, 2006. These funds are in addition to the funds in subsection (a)  The department shall report to the health access oversight committee in September on the parameters of the program.

Sec. 109. Office of Vermont health access - Medicaid program - non-Global Commitment long term care waiver

                   Grants                                        173,717,361 

               Source of funds                                                   

                   General fund                                 71,536,809 

                   Federal funds                             102,180,552 

                        Total                                     173,717,361 

     (a) Effective July 1, 2006 the division of rate setting shall amend the rules effective for establishing Medicaid rates for nursing home services to lower the minimum occupancy used in setting Medicaid rate to 90 percent, excluding nursing costs.

Sec. 110. Office of Vermont health access - Medicaid matched nonwaiver expenses

                   Grants                                          61,194,552 

               Source of funds                                                   

                   General fund                                 24,589,781 

                   Federal funds                               36,604,771 

                        Total                                       61,194,552 

Sec. 111. Office of Vermont health access - Medicaid program - state only

                   Grants                                          29,621,923 

               Source of funds                                                   

                   General fund                                 28,437,916 

                   Global Commitment fund                1,184,007 

                        Total                                       29,621,923 

Sec. 112. MEDICAID DEFICIT AND REIMBURSEMENT STUDY

     (a)  The health access oversight committee shall study options for and develop a plan to eliminate the Medicaid deficit.  The committee may appoint a subcommittee from its members to collect information, hear testimony, and make recommendations to the full committee.  The committee shall consider:

          (1)  opportunities in the Global Commitment waiver;

          (2)  methods to streamline administration and regulation in Medicaid, the Vermont health access plan, and Dr. Dynasaur;

          (3)  the fastest growing expenses in the programs and determine whether there are efficiencies or other methods available to control costs; and

          (4)  other strategies for reducing the deficit.

     (b)  The health access oversight committee or the subcommittee appointed under subsection (a) of this section shall study the reimbursement rates paid by Medicaid, the Vermont health access plan, and Dr. Dynasaur and the effects of the rates on Vermont’s health care system.

     (c)  The office of Vermont health access shall present analysis and information as requested by the committee or subcommittee.  The committee and subcommittee shall have staff support from the legislative council and the joint fiscal office.

     (d)  The committee shall report on the studies under this section to the general assembly no later than January 15, 2007.

Sec. 113. [DELETED]

Sec. 114. [DELETED]

Sec. 115. Health - administration and support

                   Personal services                            5,760,189 

                   Operating expenses                        2,397,801 

                   Grants                                                 50,000 

                        Total                                         8,207,990 

               Source of funds                                                   

                   General fund                                      114,453 

                   Special funds                                       24,525 

                   Global Commitment fund                2,547,194 

                   Federal funds                                 5,517,818 

                   Interdepartmental transfer                      4,000 

                        Total                                         8,207,990 

Sec. 115a. Health - blueprint for health

                   Personal services                            2,549,049 

                   Operating expenses                           331,443 

                   Grants                                               366,000 

                        Total                                         3,246,492 

               Source of funds                                                   

                   General fund                                   1,234,431 

                   Global Commitment fund                2,012,061 

                        Total                                         3,246,492 

Sec. 115b. Blueprint for health - fiscal year 2006 one-time appropriation

                   General fund                                      899,641 

                   Global Commitment fund                1,193,005 

                        Total                                         2,092,646 

     (a) In fiscal year 2006, $972,982 general funds are appropriated to the agency of human services - global commitment on a one-time basis to fund the blueprint for health.

Sec. 116. 18 V.S.A. § 117 is added to read:

§ 117. CHRONIC FATIGUE SYNDROME

     (a) The commissioner of health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.

     (b) The department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome.  The informational packet shall be based upon the publication "A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome" published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections.  The department shall distribute the informational packet to all primary care physicians in the state, and it shall be available on the department of health's website.  The informational packet may contain any other  information that the commissioner of health deems necessary and shall be revised by the department when new information about chronic fatigue syndrome becomes available.  The department shall publicize the informational packet and make it widely available to the public.

Sec. 117. Health - health protection

                   Personal services                            3,282,307 

                   Operating expenses                           768,200 

                   Grants                                            1,689,500 

                        Total                                         5,740,007 

               Source of funds                                                   

                   General fund                                      238,513 

                   Special funds                                     904,000 

                    Global Commitment fund                     55,093 

                   Federal funds                                 4,239,401 

                   Interdepartmental transfer                  303,000 

                        Total                                         5,740,007 

Sec. 118. Health - health surveillance

                   Personal services                            9,523,745 

                   Operating expenses                        2,845,354 

                   Grants                                            2,606,982 

                        Total                                       14,976,081 

               Source of funds                                                   

                   General fund                                   3,601,147 

                   Special funds                                  1,307,500 

                   Global Commitment fund                1,183,573 

                   Federal funds                                 8,809,317 

                   Permanent trust funds                          10,000 

                   Interdepartmental transfer                    64,544 

                        Total                                       14,976,081 

     (a) The amount of $335,000 of the above general fund/global commitment fund appropriation and at least $50,000 of the above federal fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services. The federal fund appropriation of at least $50,000 shall be in addition to other Ryan White Title II federal funding that the department shall distribute to the organizations listed below. It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state funding sources. The department of health AIDS program shall meet at least quarterly with HASAC and shall provide the HIV/AIDS service advisory committee (HASAC) with current information and data relating to service initiatives.  The funds shall be allocated as follows;

          (1) AIDS Project of Southern Vermont - $72,000

          (2) ACORN - $30,000

          (3) IMANI - $21,000

          (4) VT CARES - $147,000

          (5) Twin States Network - $30,000

          (6) People with AIDS Coalition - $35,000

     (b) Of the above federal funds, Ryan White Title II funds for AIDS services and the AIDS Medication Assistance Program shall be distributed in accordance with federal guidelines.  These guidelines shall not apply to programming funded by state general funds.

     (c) The amount of $140,000 of the above general fund appropriation shall be used for assistance to individuals in the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, and nutritional supplements.  These funds may not be used for any administrative purposes by the department of health or by any other state agency or department. Any remaining AMAP general funds at the end of the fiscal year shall be distributed to Vermont AIDS service organizations in the same proportions as those outlined under subsection (a) of this section.

     (d) The amount of $100,000 of the above general fund appropriation shall be appropriated to the Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which is currently not supported by federal funds due to federal restrictions.  These funds shall be used for HIV/AIDS prevention purposes, including, but not limited to, improving the availability of confidential and anonymous HIV testing; prevention work with at-risk groups such as women, intravenous drug users, and people of color; anti-stigma campaigns; and promotion of needle exchange programs.  No more than 15 percent of the funds may be used for the administration of such services by the recipients of these funds.  The method by which these prevention funds shall be distributed shall be determined by mutual agreement of the department of health, AIDS service organizations, HASAC, and the community planning group (CPG). The department of health AIDS program shall be guided and advised by HASAC and CPG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds.

     (e) 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 general assembly can take action.

     (f)  The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be 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. 119.     Health - health improvement

                   Personal services                            7,659,905 

                   Operating expenses                        1,051,300 

                   Grants                                            9,382,449 

                        Total                                       18,093,654 

               Source of funds                                                   

                   General fund                                        21,875

                   Special funds                                     392,500 

                   Tobacco fund                                 3,185,982 

                   Global commitment fund                 6,663,751 

                   Federal funds                                 7,822,546 

                   Interdepartmental transfer                      7,000 

                        Total                                       18,093,654 

     (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, licensed nurses, and dental hygienists who agree to practice for a prescribed period of time in the state or at an accredited hospital within 10 miles of the Vermont border 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) The above tobacco fund appropriation and $543,696 in Global Commitment funds in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:

          (1) community-based programs - $1,023,624;

          (2) media and public education - $1,007,799;

          (3) tobacco cessation programs - $1,290,255; these funds may also be used to provide tobacco cessation counseling services to persons incarcerated in Vermont correctional facilities, and $80,000 shall be used to make nicotine replacement therapies available to all persons enrolled in tobacco cessation counseling; and $15,000 shall be granted to the Washington county mental health agency for a special cessation program.

          (4) surveillance and evaluation activities - $333,000;

          (5) statewide provider education - $75,000.

     (c) Of the above general fund/Global Commitment appropriation, $250,000 shall be granted to the area health education center (AHEC) to support the work and infrastructure of the statewide AHEC network to ensure an adequate and appropriate health care workforce, to bring quality improvement programs to health care professionals, and to create partnerships across community-based health care services to improve health care access and integration.

     (d) Any funds not expended by the AHEC during fiscal years 2006 and 2007 shall be carried forward to be available for use in subsequent fiscal years. The AHEC will provide the department of health with a final progress report and financial report detailing the unexpended funds to be carried forward at the close of each fiscal year.

Sec. 120.     Health - community public health

                   Personal services                          12,543,385 

                   Operating expenses                        2,145,389 

                   Grants                                          19,848,030 

                        Total                                       34,536,804 

               Source of funds                                                   

                   General fund                                   2,022,308 

                   Special funds                                  3,231,400 

                   Global Commitment fund              15,032,280 

                   Federal funds                               14,135,816 

                   Interdepartmental transfer                  115,000 

                        Total                                       34,536,804 

Sec. 121.     Health -  alcohol and drug abuse programs

                   Personal services                            9,228,703 

                   Operating expenses                        1,130,648 

                   Grants                                          20,400,145 

                        Total                                       30,759,496 

               Source of funds                                                   

                   General fund                                   3,370,025 

                   Special funds                                     195,500 

                   Tobacco fund                                 2,382,834 

                   Global Commitment fund              15,235,609 

                   Federal funds                                 9,445,528 

                   Interdepartmental transfer                  130,000 

                        Total                                       30,759,496 

     (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)(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 health care 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 this 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.

     (c) Of the above interdepartmental transfer, $130,000 shall be used to support the gambling addiction program.

     (d) Of the funds appropriated above, $110,000 shall be used for drug court programs in Bennington, Chittenden, and Rutland counties.  The sum of $35,000 is allocated for Chittenden County to be used for court coordination.  The sum of $25,000 is allocated for Rutland County to be used for treatment, case management, court coordination, and screening services as needed.  The sum of $25,000 is allocated for Bennington County for court coordination, and an additional $25,000 is allocated for Bennington County to be used for case management, treatment, and screening services as needed.

     (e) The Bennington County Drug Court committee shall report to the joint fiscal committee at it September meeting as to the continuation of a drug court or domestic violence court in Bennington County. No more than one quarter of the funds allocated for Bennington in subsection (d) may be expended prior to the report to the joint fiscal committee. If a drug or domestic violence court is not going to go forward then the unexpended funds shall be redirected to substance abuse prevention and treatment in Bennington county.

Sec. 122.     Health - mental health

                   Personal services                            4,245,156 

                   Operating expenses                           645,735 

                   Grants                                        113,908,703 

                        Total                                     118,799,594 

               Source of funds                                                   

                   General fund                                      884,623 

                   Global Commitment fund            112,938,232 

                   Federal funds                                 4,976,739 

                        Total                                     118,799,594 

     (a) Of the above appropriation, $70,000 shall be used to maintain the Burlington downtown outreach program to develop a model program for expansion to other areas of the state.

     (b) The amount $600,000 general funds appropriated to the division of mental health in fiscal 2006 shall revert to the general fund at the close of fiscal year 2006.

Sec. 123.     Health - Vermont state hospital

                   Personal services                          17,362,523 

                   Operating expenses                        1,342,956 

                   Grants                                                   3,000 

                        Total                                       18,708,479 

               Source of funds                                                   

                   General fund                                 18,298,479 

                   Special funds                                     110,000 

                   Interdepartmental transfer                  300,000 

                        Total                                       18,708,479 

Sec. 124.     Sec. 113c of No. 71 of the Acts of 2005 is amended to read:

Sec, 113c.  SUNSET

     (a)  The amendments in Secs. 113a and 113b shall terminate on July 1,  2006 2007 and 13 V.S.A. § 4815(b) and (g) shall revert to the prior statutory text.

Sec. 125.     Health - medical practice board

                   Personal services                               466,127 

                   Operating expenses                           316,700 

                        Total                                            782,827 

               Source of funds                                                   

                   Special funds                                     782,827 

Sec. 126.     Department for children and families - administration & support services

                   Personal services                          27,880,515 

                    Operating expenses                        4,947,217 

                   Grants                                            1,606,998 

                        Total                                       34,434,730 

               Source of funds                                                   

                   General fund                                 11,166,492 

                   Global Commitment fund                8,842,574 

                   Federal funds                               13,515,108 

                   Interdepartmental transfer                  910,556 

                        Total                                       34,434,730 

     (a) The amount of $14,000 in general funds shall be provided as a grant to the Vermont girl scouts for a program enabling girl scouts and their siblings to visit mothers in prison.

Sec. 127.     Article 8 is added to Title 15A to read:

ARTICLE 8 – INTERSTATE COMPACTS ON ADOPTION AND MEDICAL ASSISTANCE

§ 8-101. INTERSTATE COMPACTS ON ADOPTION AND MEDICAL ASSISTANCE; AUTHORIZATION

     (a) The commissioner of the department for children and families is authorized to negotiate and enter into interstate compacts with agencies of other states for the provision of medical assistance and other services for children with special needs on behalf of whom adoption assistance is being provided by the state of Vermont or another state party to such a compact and who move into or from Vermont.

     (b) As used in this article, “state” includes a state, territory, possession, or commonwealth of the United States. Compacts authorized by this article must include:

          (1) a provision making it available for joinder by all states;  

          (2) a provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;  

          (3) a requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption  assistance from a party state other than the one in which they are resident and have their principal place of abode;  

          (4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance; and  

          (5)  such other provisions as may be appropriate to implement the proper administration of the compact.

     (c) The commissioner shall designate a compact administrator and deputies, as deemed necessary, who shall have authority to develop rules to be adopted to effectuate the terms and provisions of compacts entered into under the authority of this article.

Sec. 128.     Department for children and families - family services

                   Personal services                          19,332,140 

                   Operating expenses                        2,932,379 

                   Grants                                          65,523,894 

                        Total                                       87,788,413 

               Source of funds                                                   

                   General fund                                 26,094,388 

                   Special funds                                  1,306,152 

                   Tobacco fund                                      75,000 

                   Global Commitment fund              33,968,173 

                   Federal funds                               26,344,700 

                        Total                                       87,788,413 

     (a)  The department in collaboration with mentoring organizations shall undertake a preliminary needs assessment  and inventory of current mentoring programs in the state including the total number of youth mentored, and any existing outcome measures collected to evaluate effectiveness.

     (b)  Of the above appropriation $50,000 shall be granted to Washington County Youth Services, Inc. to cost share a minimum of five AmeriCorps VISTA members.  Said members shall be assigned to mentoring organizations across the state to increase the organizations’ capacities to recruit and retain mentors through activities that may include establishing partnerships with major employers, planning and implementing marketing efforts, and creating systems for more efficient mentoring management. 

Sec. 129.     Department for children and families - child development

                   Personal services                            2,793,150 

                   Operating expenses                           762,969 

                   Grants                                          46,630,595 

                        Total                                       50,186,714 

               Source of funds                                                   

                   General fund                                 19,762,446 

                   Special funds                                  1,230,722 

                   Global Commitment fund                1,532,093 

                   Federal funds                               27,435,701 

                   Interdepartmental transfer                  225,752 

                        Total                                       50,186,714 


Sec. 130.     Department for children and families - office of child support

                   Personal services                            8,778,807 

                   Operating expenses                        2,880,818 

                        Total                                       11,659,625 

               Source of funds                                                   

                   General fund                                   1,908,463 

                   Special funds                                     455,718 

                   Federal  funds                                9,188,344 

                    Interdepartmental transfer                  107,100 

                        Total                                       11,659,625 

Sec. 131.     15 V.S.A. § 658(f) is added to read:

     (f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for the individual’s contribution to the insurance or health benefit plan premium is five percent or less of the parent’s gross income. The court, in its discretion, retains the right to order a parent to obtain medical coverage even if the cost exceeds five percent of the parent’s gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to section 659 of this title.

          (2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income toward the cost of health care coverage of a child under public or private health insurance or a health benefit plan. A cash contribution under this section shall be considered child support for tax purposes. When calculating the contribution of a parent whose child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur, the court shall not order a contribution greater than the premium amount charged by the agency of human services for the child’s coverage.

Sec. 132.     PUBLIC ASSISTANCE 

     (a) The department for children and families shall not include cash contributions for medical support under subsection  658(f) of Title 15 as income in determining eligibility or benefit levels for Reach Up, child subsidies, or other public assistance programs if permitted under federal law.


Sec. 133.     Department for children and families - office of economic opportunity

                   Personal services                               202,462 

                   Operating expenses                             85,023 

                   Grants                                            5,129,551 

                        Total                                         5,417,036 

               Source of funds                                                   

                   General fund                                      985,725 

                   Special funds                                       57,340 

                   Federal funds                                 4,122,898 

                   Interdepartmental transfer                  251,073 

                        Total                                         5,417,036 

     (a)  Of the above general fund appropriation, $485,000 shall be granted to community agencies for homeless assistance by preserving existing services or increasing services or increasing resources available statewide.  These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds.  Grant decisions shall be made with assistance from the coalition of homeless Vermonters.

Sec. 134.     Department for children and families - OEO - weatherization assistance

                   Personal services                               154,488 

                   Operating expenses                           129,950 

                   Grants                                            7,485,000 

                        Total                                         7,769,438 

               Source of funds                                                   

                   Special funds                                  6,491,517 

                   Federal funds                                 1,277,921 

                        Total                                         7,769,438 

     (a)  Of the above special fund appropriation, $400,000 is for the replacement and repair of home heating equipment.

     (b) On or before January 30 of each year, the office of economic opportunity shall make a report to the house and senate committees on appropriations utilizing existing resources within state government available in the office of economic opportunity's weatherization data management system that compiles performance data available on households weatherized in the past year to include: 1) number of households weatherized; 2) average program expenditure per household for energy efficiency; 3) average percent energy savings; 4) energy and nonenergy benefits combined; 5) benefits saved for every dollar spent; 6) average savings per unit for heating fuels; 7) gallons of oil saved related to equivalent number of homes heated; 8) projected number of households to be weatherized in the current program year; and 9) projected program expenditures for the current program year ending March 31.

Sec. 135.     Department for children and families - Woodside rehabilitation center

                   Personal services                            2,598,093 

                   Operating expenses                           471,125 

                        Total                                         3,069,218 

               Source of funds                                                   

                   General fund                                   3,014,326 

                   Interdepartmental transfer                    54,892 

                        Total                                         3,069,218 

Sec. 136.     Department for children and families - disability determination services

                   Personal services                            3,587,857 

                   Operating expenses                           558,389 

                        Total                                         4,146,246 

               Source of funds                                                   

                   Federal funds                                 3,899,729 

                   Interdepartmental transfer                  246,517 

                        Total                                         4,146,246 

Sec. 137.     Department for children and families - aid to aged, blind and disabled

                   Personal services                            1,365,966 

                   Grants                                            9,597,469 

                        Total                                       10,963,435 

               Source of funds                                                   

                   General fund                                   3,629,932 

                   Global Commitment fund                7,333,503 

                        Total                                       10,963,435 

Sec. 137a.   GENERAL ASSISTANCE BENEFITS; FLEXIBILITY PILOT PROGRAM

     (a)  Commencing with state fiscal year 2007 and for a period of up to three years, the agency of human services may establish a pilot program within the general assistance program, to create flexibility to provide general assistance benefits.  The purpose of the pilot is to mitigate poverty and serve applicants more effectively than currently served with the same amount of general assistance funds.  The pilot shall operate consistent with existing statute and rules except that it may grant exceptions to this program’s eligibility regulations, and, may create programs and services as alternatives to such regulations during the period of the pilot.

     (b)  The pilot shall operate in the Morrisville human services district and in any other districts designated by the secretary of human services.  This pilot will be budget neutral.  For each district in which the agency operates the pilot, it shall establish procedures for evaluating the pilot and its effects.  At the end of the 3-year period, the agency shall report to the general assembly on its findings from the pilot(s) and recommendations for changes in the general assistance program. 

Sec. 138.     Department for children and families - general assistance

                   Grants                                            4,376,259 

               Source of funds                                                   

                   General fund                                   2,514,939 

                   Global Commitment fund                   750,000 

                   Federal funds                                 1,111,320 

                        Total                                         4,376,259 

Sec. 139.     DEPARTMENT FOR CHILDREN AND FAMILIES –GENERAL ASSISTANCE

     (a)  Of the appropriation in Sec. 138, $527,000 in federal TANF funds is allocated to the department for children and families to provide families with rental or mortgage arrearage assistance under section 2114 of Title 33 and under the current criteria until the rules implementing section 2114 of Title 33 are completed. An additional $50,000 in general funds is allocated in fiscal year 2007 for assistance under category II of the current criteria.

     (b)  Of the appropriation in Sec. 138, an amount not to exceed $150,000 ($75,000 in federal TANF and $75,000 in general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations and have a continued need for this type of emergency assistance.  Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum.

     (c)  Assistance under this section is not an entitlement and shall cease upon expenditure of these allocated funds.

Sec. 140.     33 V.S.A. § 2114 is added to read:

§ 2114.       RENTAL OR MORTGAGE ARREARAGE PROGRAM

     (a)  The department for children and families shall provide up to three months of rental or mortgage arrearage assistance to eligible families. Assistance under this section is not an entitlement and shall be limited to the funds appropriated.

     (b)  For the purposes of this section:

          (1)  “Disability means”:

               (A)  a determination by the office of Vermont health access or Social Security that an individual is disabled for the purposes of receiving Medicaid, disability insurance benefits under the Social Security Act (SSI or SSDI), or Medicare;  

               (B)  a physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such an impairment, or the individual is regarded as having such an impairment.  

          (2)  “Extraordinary event” means a serious situation, occurrence, or emergency that either:

               (A)  happens unexpectedly and demands immediate attention, including an unanticipated need for a work-related expense necessary to preserve employment or for housing expenses required to remove life-threatening hazards or to keep the home habitable; or

               (B)  leads to additional expenses which could not have been prevented by the family, including a death or illness of a family member.

          (3) “Gross housing expenses” includes the family’s rent or mortgage, insurance that is required as part of the mortgage, property taxes, condominium fees, and utility costs, including fuel, electricity, water, basic telephone service, and sewer, but excluding television service.

          (4) “Income” shall be calculated using the emergency assistance rules, excluding allowable deductions and exemptions under those rules, including the rules relating to deductions and exemptions.

     (c)  A family is eligible if:

          (1)  the family includes at least one dependent child;

          (2)(A)  the family is in imminent danger of losing its housing due to circumstances that could not reasonably have been avoided, including:

                    (i)  the rent or mortgage payments were not made because the family experienced an extraordinary event that appropriately required the use of the funds;

                    (ii)  a family member has a disability which contributed to the circumstances that could not reasonably have been avoided and resulted in the rent or mortgage payments not being made; or

                    (iii) the family's essential expenses exceeded the family's income or the family's gross housing expenses were equal to or greater than 60 percent of the family's income; or

               (B)  the family is likely to be eligible for temporary housing assistance, and payment under this section would be more cost-effective than providing temporary housing;

          (3)  the payment of all or a portion of that arrearage will prevent, not merely postpone, homelessness;

          (4)  the family has received a notice of rental termination for nonpayment of rent or notarized statement of the amount of rent owed from the landlord, or a mortgage demand notice from the mortgage holder;

          (5)  the landlord or mortgage holder agrees to terminate any action intended to evict or otherwise cause the family to relocate as a result of the payment and agrees not to reinstitute such action on the basis of obligations remaining as of the date of payment; and

          (6)  the family meets all other criteria for emergency assistance, except that prior receipt of emergency assistance for another purpose shall not disqualify the family for assistance under this section.  Assistance under this section shall be available once every 12 months.

Sec. 141.     LEGISLATIVE INTENT

     (a) Between February 1 and 15, 2007, the department shall file proposed rules necessary to administer this section with the joint legislative committee on administrative rules.  The department shall engage interested parties, including the Vermont coalition to end homelessness, the Vermont low income advocacy council, and the Vermont affordable housing coalition, prior to filing the proposed rules.

     (b) The department for children and families shall continue to provide rental or mortgage arrearage assistance under the current rules until such time as the rules implementing Sec. 140 of this act are final.

     (c) It is the intent of the general assembly to provide temporary housing and rental or mortgage arrearage assistance to families having a genuine need that could not reasonably have been anticipated or avoided in a cost-effective way that strives to prevent homelessness.  To further this goal, the rental or mortgage arrearage assistance program should be available to families when receipt of assistance is likely to prevent the family’s loss of housing and subsequent use of hotels as temporary housing, and available for families having individuals with disabilities who have challenges in accessing the program through current criteria.

Sec. 142.     [DELETED]

Sec. 143.     Department for children and families - reach up

                   Grants                                          41,496,096 

               Source of funds                                                   

                   General fund                                 12,308,023 

                   Special funds                                  2,200,000 

                   Global Commitment fund                     25,500 

                   Federal funds                               26,962,573 

                        Total                                       41,496,096 

Sec. 144.     Department for children and families - home heating fuel assistance/LIHEAP

                   Personal services                                 20,000 

                   Operating expenses                             90,000 

                   Grants                                          10,146,117 

                        Total                                       10,256,117 

               Source of funds                                                   

                   Special funds                                10,256,117 

     (a)  Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.

     (b) It is the intent of the general assembly that LIHEAP benefits cover 62 percent of the average estimated heating costs.

Sec. 145.       HOME HEATING FUEL ASSISTANCE/LIHEAP

     (a) All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in fiscal year 2007 and all unexpended LIHEAP funds granted to the state in fiscal year 2006 are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under 33 V.S.A. chapter 26.

     (b) For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2006 and program administration, the commissioner of finance and management shall transfer $2,550,000 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available.  An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received.  Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2006-2007 crisis set-aside and seasonal home heating fuel assistance through December 31, 2006, and LIHEAP funds awarded as of December 31, 2006 for fiscal year 2007 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2007.  Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available, except that for fuel assistance payments made through December 31, 2006, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

Sec. 146.     Department for children and families - food stamp cash out

                   Grants                                            7,178,725 

               Source of funds                                                   

                   Federal funds                                 7,178,725 

Sec. 147.     TANF EXEMPTION

     (a)  The commissioner may exempt all individuals domiciled in the state of Vermont from the implementation of  Sec. 115(a) of Public Law 104-193 through June 30, 2007.

Sec. 148.     Department for children and families - children's trust fund

                   Grants                                               340,891 

               Source of funds                                                   

                   General fund                                      100,651 

                   Special funds                                       70,000 

                   Federal funds                                    170,240 

                        Total                                            340,891 

Sec. 149.     Disabilities, aging, and independent living - administration & support

                   Personal services                          22,313,228 

                   Operating expenses                        3,696,610 

                        Total                                       26,009,838 

               Source of funds                                                   

                   General fund                                   6,054,846  

                   Special funds                                     686,875 

                   Global Commitment fund                5,574,969 

                   Federal funds                               11,361,149 

                   Interdepartmental transfer               2,331,999 

                        Total                                       26,009,838 

     (a) The commissioner of disabilities, aging, and independent living shall convene a task force to analyze Medicaid reimbursement rates for nursing homes.  The task force shall include three representatives of the Vermont health care association, one each representing for-profit, not-for-profit, and independently owned facilities; and the director of the division of rate setting in the agency of human services.  This task force shall coordinate as necessary with the task force on the future sustainability of nursing homes.  The task force shall make recommendations on changes to the rules, methods, standards, and principles for establishing Medicaid payment rates for long-term care facilities in order to meet the protocols and objectives of the choices-for-care Section 1115 Medicaid waiver to the general assembly by January 15, 2007. A total of $25,000 in funding is provided for this purpose. These funds shall be matched by the Vermont Health Care Association.

     (b)  It is the intent of the general assembly that the department work  with nursing home, residential care homes, home health agencies, area agencies on aging, and adult day providers to develop a long range plan to address the sustainability of Vermont’s long term care system.  Such a plan shall include development of adequate home care services to support increased numbers of Vermonters receiving care and consider if indexing is an appropriate method of sustainable funding.  It shall also efficiently plan for decreasing nursing beds in such a way that private entities can receive a return n their investment while making sure that nursing home care remains a viable alternative.

Sec. 150.     Disabilities, aging, and independent living - advocacy and independent living

                   Grants                                          21,752,863 

               Source of funds                                                   

                   General fund                                 10,640,711 

                   Special funds                                       50,000 

                   Global Commitment fund                3,063,510 

                   Federal funds                                 7,921,642 

                   Interdepartmental transfer                    77,000 

                        Total                                       21,752,863 

     (a) Certification of adult day providers shall require a demonstration that the new program is filling an unmet need for adult day services in a given geographic region.

     (b) Distribution of base funds for adult day services shall be according to a formula that has been mutually agreed upon by the department and the Vermont association of adult day services (VAADS).

Sec. 151.     ATTENDANT CARE SERVICES; WAITING LIST

     (a) The department of disabilities, aging, and independent living shall assess what criteria would be most equitable for placing an individual on the waiting list for attendant care services. In addition to the current first-come, first-served basis, the department shall consider alternative criteria for placing individuals on the waiting list. No later than January 15, 2007, the department shall submit a report including the criteria considered, its analysis of the issues, and its recommendations for the criteria to be used to the house committee on human services and the senate committee on health and welfare.

Sec. 152.     Disabilities, aging, and independent living - blind and visually impaired

                   Grants                                            1,417,110 

               Source of funds                                                   

                   General fund                                      364,064 

                   Special funds                                     215,000 

                   Global Commitment fund                   250,000 

                   Federal funds                                    588,046 

                        Total                                         1,417,110 

Sec. 153.     Disabilities, aging, and independent living - vocational rehabilitation

                    Grants                                            5,736,907 

               Source of funds                                                   

                   General fund                                   1,599,195 

                   Federal funds                                 3,688,325 

                   Interdepartmental transfer                  449,387 

                        Total                                         5,736,907 

Sec. 154.     Disabilities, aging, and independent living - TBI home  - and community-based waiver

                   Grants                                            2,993,010 

               Source of funds                                                   

                   Global Commitment fund                2,993,010 

Sec. 155.     Disabilities, aging, and independent living - developmental services

                   Grants                                        117,524,715 

               Source of funds                                                   

                   General fund                                      315,964 

                   Special funds                                     185,463 

                   Global Commitment fund            116,698,893 

                   Federal funds                                    324,395 

                        Total                                     117,524,715 


Sec. 156.     Corrections - administration

                   Personal services                            2,065,241 

                   Operating expenses                           316,087 

                        Total                                         2,381,328 

               Source of funds                                                   

                   General fund                                   2,316,328 

                   Federal funds                                      65,000 

                        Total                                         2,381,328 

Sec. 157.     Corrections - parole board

                   Personal services                               299,753 

                   Operating expenses                             65,555 

                        Total                                            365,308 

               Source of funds                                                   

                   General fund                                      365,308 

Sec. 158.     Corrections - correctional education

                   Personal services                            3,263,380 

                   Operating expenses                           343,662 

                        Total                                         3,607,042 

               Source of funds                                                   

                   General fund                                   3,209,892 

                   Interdepartmental transfer                  397,150  

                        Total                                         3,607,042 

Sec. 159.     Corrections - correctional services

                   Personal services                          70,834,459 

                   Operating expenses                      26,833,973 

                   Grants                                            2,064,500 

                        Total                                       99,732,932 

               Source of funds                                                   

                   General fund                                 94,436,613 

                   Special funds                                     547,919 

                   Tobacco fund                                      87,500 

                   Global Commitment fund                2,750,144 

                   Federal funds                                 1,829,710 

                   Interdepartmental transfer                    81,046 

                        Total                                       99,732,932

     (a) Of the above general fund appropriation, $97,000 shall be used as a grant to Dismas House of Vermont, Inc. 

     (b) Sec. 16 (a) of No. 63 of the Acts of 2005, stated the "intent of the general assembly that the department develop and sustain new models of supportive, transitional housing." Such a model is the Northern Lights Project, which was developed by a consortium of groups in Chittenden County to meet the needs of women offenders returning to the community. Another such model is the Dismas II Project, also developed by a consortium of groups in Chittenden county to meet the needs of both men and women offenders returning to the community.

     (c) The department of corrections shall work with the members of both the Northern Lights and Dismas II Consortia to ensure that sufficient operating revenue for these projects shall be sustained and available throughout their existence. The department of corrections shall develop a plan to provide full funding, starting in fiscal year  2008, for the operating expenses of both projects. In developing its plan, the department shall consult with the consortium of agencies sponsoring the two projects. The department shall submit a written report with its recommendations to the house and senate committees on appropriations and institutions by January 15, 2007.

Sec. 159a.   Corrections - correctional services - out of state beds

                   Operating expenses                        7,856,247 

               Source of funds                                                   

                   General fund                                   7,856,247 

Sec. 160.     Sec. 142a of No. 71 of the Acts of 2005, as amended by Sec. 47 of No. 93 of the Acts of 2006, is further amended to read:

     (a) It is the intent of the general assembly that should the projected need for out-of-state beds be reduced from the amount budgeted at any time during any fiscal year and this need is expected to remain at or below this new level for at least 12 months, the resources within the correctional services budget that would have been used for out-of-state bed capacity be reallocated first to community supervision to create and fill at least five community supervision positions including caseworkers and community corrections officers for each 50 bed reduction in long term projected out-of-state bed need and second that the remainder of the savings be used to fund department of corrections priorities as determined by the commissioner of corrections.  Projections of out-of-state bed need for at least the subsequent 12 months shall be made by the department of corrections for presentation at each meeting to the legislative joint corrections oversight committee.

Sec. 161.     Corrections - correctional facilities - recreation

                   Personal services                               603,012 

                   Operating expenses                           473,986 

                        Total                                         1,076,998 

               Source of funds                                                   

                   General fund                                        75,000 

                   Special funds                                  1,001,998 

                        Total                                         1,076,998 

Sec. 162.     Corrections - Vermont offender work program

                   Personal services                            1,363,572 

                   Operating expenses                        1,959,040 

                        Total                                         3,322,612 

               Source of funds                                                   

                   Internal service funds                      3,322,612 

Sec. 163.     Vermont veterans' home - care and support services

                   Personal services                          12,927,871 

                   Operating expenses                        3,123,419 

                        Total                                       16,051,290 

               Source of funds                                                   

                   Special funds                                10,193,494 

                   Global Commitment fund                   913,047 

                   Federal funds                                 4,944,749 

                        Total                                       16,051,290 

     (a) It is the intent of the general assembly that if Global Commitment fund monies are unavailable, the total funding for the Vermont veterans' home shall be maintained through the general fund or other state funding sources.

Sec. 164.     Commission on women

                   Personal services                               201,837 

                   Operating expenses                             59,650 

                        Total                                            261,487 

               Source of funds                                                   

                   General fund                                      256,487 

                   Special funds                                         5,000 

                        Total                                            261,487 

Sec. 165.     Retired senior volunteer program

                   Grants                                               131,096 

               Source of funds                                                   

                   General fund                                      131,096 


Sec. 166.     Total human services               2,332,776,104

               Source of funds                                                   

                   General fund                               483,897,492

                   Special funds                                54,848,746

                   Tobacco fund                               25,643,048

                   Global Commitment fund            759,219,335

                   State health care resource fund   153,832,688

                   Federal funds                             838,044,669

                   Permanent trust funds                          10,000

                   Internal service funds                      3,322,612

                   Interdepartmental transfer             13,957,514

                        Total                                  2,332,776,104 

Sec. 167.     Labor - programs

                   Personal services                          19,264,611 

                   Operating expenses                        4,136,325 

                   Grants                                            1,560,293 

                        Total                                       24,961,229 

               Source of funds                                                   

                   General fund                                   2,119,812 

                   Special funds                                  2,529,209 

                   Federal funds                               18,315,506 

                   Interdepartmental transfer               1,996,702 

                        Total                                       24,961,229 

Sec. 168.     Labor - administration

                   Personal services                            2,603,442 

                   Operating expenses                           697,451 

                        Total                                         3,300,893 

               Source of funds                                                   

                   General fund                                      190,408 

                   Special funds                                     377,442 

                   Federal funds                                 2,385,907 

                   Interdepartmental transfer                  347,136 

                        Total                                         3,300,893 

Sec. 169.     Labor - domestic and sexual violence survivors' transitional employment program

                   Grants                                                 10,000 

               Source of funds                                                   

                   General Fund                                               0 


                   Special funds                                       10,000 

                        Total                                              10,000  

     (a) Any funds appropriated in fiscal year 2006 for the domestic and sexual violence survivors' transitional employment program shall be carried forward into fiscal year 2007.

Sec. 170.     Total labor                                   28,272,122 

               Source of funds                                                   

                   General fund                                   2,310,220 

                   Special funds                                  2,916,651 

                   Federal funds                               20,701,413 

                   Interdepartmental transfer               2,343,838 

                        Total                                       28,272,122 

Sec. 171.     Education - finance and administration

                   Personal services                            4,619,254 

                   Operating expenses                        1,623,008 

                   Grants                                          14,505,600 

                        Total                                       20,747,862 

               Source of funds                                                   

                   General fund                                   3,389,969 

                   Special funds                                14,924,219 

                   Federal funds                                 1,614,782 

                   Global Commitment fund                   811,775 

                   Interdepartmental transfer                      7,117 

                        Total                                       20,747,862 

Sec. 172.     Education - education services

                   Personal services                          13,438,400 

                   Operating expenses                        2,026,972 

                   Grants                                        112,160,397 

                        Total                                     127,625,769 

               Source of funds                                                   

                   General fund                                   7,735,593 

                   Transportation fund                           127,483 

                   Special funds                                  2,128,058 

                   Federal funds                             117,452,874 

                   Interdepartmental transfer                  181,761 

                        Total                                     127,625,769 

     (a) Of the above general fund appropriation, $20,000 shall be used to provide matching awards to a Vermont student or groups of students who have won the right to participate in a national level academic program or competition through outstanding performance or through winning of a statewide academic competition. The award shall be for the purpose of assisting the student or students to participate in the national academic competition or program. The commissioner shall establish basic criteria for the awards and shall have sole discretion in making the awards; however, no single award shall be greater than $5,000 for each school and the award shall be matched on a dollar-for-dollar basis.

Sec. 173.     Education - technical education

                   Grants                                          10,598,329 

               Source of funds                                                   

                   Education fund                             10,598,329 

     (a) The appropriation in this section shall be authorized notwithstanding 16 V.S.A § 1564.

Sec. 174.     Education - special education: formula grants

                   Grants                                        125,280,000 

               Source of funds                                                   

                   Education fund                           125,050,000 

                   Global Commitment fund                   230,000 

                        Total                                     125,280,000 

     (a) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $3,075,559 shall be used by the department of education in fiscal year 2007 as funding for 16 V.S.A. § 2967(b)(2)-(6). In addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $157,532 may be used by the department of education for its participation in the higher education partnership plan.

Sec. 175.     Education - state-placed students

                   Grants                                          14,416,000 

               Source of funds                                                   

                   Education fund                             14,416,000 

     (a)  The Independence Place program of the Lund family center shall be considered a 24-hour residential program for the purposes of reimbursement of education costs.

Sec. 176.     Education - adult education and literacy

                   Grants                                            3,701,017 

               Source of funds                                                   

                   General fund                                   2,717,398 


                   Federal funds                                    983,619 

                        Total                                         3,701,017 

Sec. 177.     Education - adjusted education payment

                   Grants                                     1,018,388,625 

               Source of funds                                                   

                   Education fund                        1,018,388,625 

     (a)  Of the above appropriation, $100,000 may be used for payments to school districts to assist them with newly settled refugee students.

Sec. 177a.   FISCAL YEAR 2006 ADJUSTMENT; ADJUSTED EDUCATION PAYMENT

     (a)  Of the $966,000,000 appropriated in Sec. 162 of No. 71 of the Acts of 2005, $100,000 may be used for payments to school districts to assist them with newly settled refugee students.

Sec. 178.     Education - essential early education grant

                   Grants                                            4,838,045 

               Source of funds                                                   

                   Education fund                               4,838,045 

Sec. 179.     Education - transportation

                   Grants                                          13,978,220 

               Source of funds                                                   

                   Education fund                             13,978,220 

Sec. 180.     Education - small school grants

                   Grants                                            5,360,000 

               Source of funds                                                   

                   Education fund                               5,360,000 

Sec. 181.     Education - capital debt service aid

                   Grants                                               380,000 

               Source of funds                                                   

                   Education fund                                  380,000 

Sec. 182.     Education - tobacco litigation

                   Personal services                               130,133 

                   Operating expenses                             17,752 

                   Grants                                               847,783 

                         Total                                            995,668 

               Source of funds                                                   

                   Tobacco fund                                    995,668 

Sec. 183.     Education - Act 117 cost containment

                   Personal services                            1,030,687 

                   Operating expenses                           117,081 

                   Grants                                                 91,000 

                        Total                                         1,238,768 

               Source of funds                                                   

                    Special funds                                  1,238,768 

     (a) Notwithstanding any other provisions of law, expenditures made from this section shall be counted under 16 V.S.A. § 2967(b) as part of the state’s 60 percent of the statewide total special education expenditures of funds which are not derived from federal sources.

Sec. 184.     [DELETED]

Sec. 185.     FUND APPROPRIATION AND TRANSFER

     (a) Notwithstanding 16 V.S.A. § 4025(a)(2), there is appropriated in fiscal year 2007 from the general fund for transfer to the education fund the amount of $269,300,000.

Sec. 186.     State teachers' retirement system

                   Personal services                          19,745,437 

                   Operating expenses                           798,923 

                   Grants                                          24,446,729 

                        Total                                       44,991,089 

               Source of funds                                                   

                   General fund                                 24,446,729 

                   Education fund                                             0 

                   Pension trust funds                        20,544,360 

                        Total                                       44,991,089 

     (a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of annual contribution to the Vermont state teachers' retirement system shall be $24,446,729 in fiscal year 2007.

Sec. 187.     TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS

     (a) The amount of  $3,213,378 in education funds is appropriated in fiscal year 2007 to implement the provisions of 32 V.S.A. §§ 4041a(a), relating to payments to municipalities for reappraisal costs, and  5405(f), relating to payments of $1.00 per grand list parcel.

     (b)  The towns currently engaged in litigation with the Washington electric cooperative regarding grand list appeals of the assessment of utility property may submit to the attorney general legal expenditures made by those towns as a result of this litigation, as those values were established by reference to information from the department of taxes, division of property valuation and review.  The attorney general shall review the submitted bills and, if reasonable, approve reimbursement.  As the litigation may have a substantial impact on the education grand list, $30,000 of education funds is appropriated to the department of taxes division of property valuation and review and  shall be transferred to the attorney general and reserved for payment of expenses incurred by towns in defense of grand list appeals as provided herein.  Expenditures for this purpose shall be considered qualified expenditures under 16 V.S.A. § 4025(c).

Sec. 188.     Tax department -  property tax assistance

                   Grants                                         101,155,000 

               Source of funds                                                   

                   General fund                                   2,250,000 

                   Education fund                             98,905,000 

                        Total                                     101,155,000 

Sec. 189.     Total general education and property tax assistance      1,766,237,770 

               Source of funds                                                   

                   General fund                               309,839,689 

                   Transportation fund                           127,483 

                   Education fund                        1,295,157,597 

                   Special funds                                18,291,045 

                   Tobacco fund                                    995,668 

                   Global commitment fund                  1,041,775

                   Federal funds                             120,051,275 

                    Pension trust funds                        20,544,360 

                   Interdepartmental transfer                  188,878 

                        Total                                  1,766,237,770 

Sec. 189a.   HIGHER EDUCATION SUPPLEMENTAL PAYMENT 

     (a)  Notwithstanding 16 V.S.A. § 2885, of the monies which would be transferred to the higher education trust fund at the close of fiscal year 2006 in accordance with 16 V.S.A. § 2885(a)(2), $200,000 shall be appropriated and transferred to the university of Vermont and $200,000 shall be appropriated and transferred to the Vermont state colleges.  The Vermont state colleges shall use the funds they receive under this provision to fund reimbursement to those faculty who contributed to the early retirement program yet will have no eligibility.


Sec. 190.     University of Vermont

                   Grants                                          40,351,306 

               Source of funds                                                   

                   General fund                                 36,480,624 

                   Global Commitment fund                3,870,682 

                        Total                                       40,351,306 

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

     (b) Of the above appropriation, $382,719 shall be transferred to EPSCoR for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.

     (c) It is the intent of the general assembly that if Global Commitment fund monies are unavailable, the total grant funding for the University of Vermont shall be maintained through the general fund or other state funding sources.

Sec. 191.     University of Vermont - Morgan horse farm

                   Grants                                                   4,200 

               Source of funds                                                   

                   General fund                                          4,200 

Sec. 192.     Vermont public television

                   Grants                                               596,785 

               Source of funds                                                   

                   General fund                                      596,785 

Sec. 193.     Vermont state colleges

                   Grants                                          23,049,783 

               Source of funds                                                   

                   General fund                                 23,049,783 

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

     (b) Of the above appropriation, $431,548 shall be transferred to the Vermont manufacturing extension center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.


Sec. 194.     Vermont state colleges - allied health

                   Grants                                            1,020,848 

               Source of funds                                                   

                   General fund                                      629,150 

                   Global Commitment fund                   391,698 

                        Total                                         1,020,848 

     (a) It is the intent of the general assembly that if Global Commitment fund monies are unavailable, the total grant funding for the Vermont state colleges shall be maintained through the general fund or other state funding sources.

Sec. 195.     Vermont interactive television

                   Grants                                               807,179 

               Source of funds                                                   

                   General fund                                      807,179 

Sec. 196.     Vermont student assistance corporation

                   Grants                                          18,259,752 

               Source of funds                                                   

                   General fund                                 18,259,752 

     (a) Of the above appropriation, $25,000 shall be deposited into the trust fund established in 16 V.S.A. § 2845.

     (b) Except as provided in subsection (a) of this section, not less than 100 percent of grants shall be used for direct student aid.

Sec. 197.     New England higher education compact

                   Grants                                                  80,000 

               Source of funds                                                   

                   General fund                                        80,000 

Sec. 198.     Total higher education and other   84,169,853 

               Source of funds                                                   

                   General fund                                 79,907,473 

                   Global Commitment fund                4,262,380 

                        Total                                       84,169,853 

Sec. 199.     Natural resources - agency of natural resources - administration

                   Personal services                            4,770,324 

                   Operating expenses                        1,726,469 

                   Grants                                                 31,500 

                        Total                                         6,528,293 

               Source of funds                                                   

                   General fund                                   4,848,336 

                   Special funds                                  1,069,206 

                   Federal funds                                    434,000 

                   Interdepartmental transfer                  176,751 

                        Total                                         6,528,293 

     (a) Of the above appropriation, $60,000 shall be granted to the Vermont environmental consortium at Norwich university.

     (b) Of the above appropriation, $90,000 shall be for a study of clay soils in Addison county.

Sec. 199a.   AGENCY OF NATURAL RESOURCES; COMPENSATION ALTERNATIVES

     (a)  Consistent with it's restructuring efforts, the agency shall propose to the general assembly during the 2008 budget process, alternatives that would compensate the agency for its scientific and legal work associated with Act 250 and Section 248 reviews for which it is currently unreimbursed.

Sec. 200.     Connecticut river watershed advisory commission

                   Grants                                                 38,000 

               Source of funds                                                   

                   General fund                                        38,000 

Sec. 201.     Citizens' advisory committee on Lake Champlain's future

                   Personal services                                   3,600 

                   Operating expenses                               3,900 

                        Total                                                7,500 

               Source of funds                                                   

                   General fund                                          7,500 

Sec. 202.     Natural resources - state land local property tax assessment

                   Operating expenses                        1,574,000 

               Source of funds                                                   

                   General fund                                   1,312,500 

                   Interdepartmental transfer                  261,500 

                        Total                                         1,574,000 

Sec. 203.     Green up

                   Grants                                                   6,948 

                   Operating expenses                             10,550 

                        Total                                              17,498 

               Source of funds                                                   

                   General fund                                          6,948 

                   Special funds                                       10,550 

                        Total                                              17,498 

Sec. 204.     Fish and wildlife - support and field services

                   Personal services                            9,847,289 

                   Operating expenses                        4,229,867 

                   Grants                                               446,140 

                        Total                                       14,523,296 

               Source of funds                                                   

                   General fund                                    2,099,779 

                   Fish and wildlife fund                    12,406,014 

                   Interdepartmental transfer                    17,503 

                        Total                                       14,523,296 

     (a) Of the above appropriation, $5,000 shall be used to provide scholarships for children wishing to attend one of the conservation camps administered by the department of fish and wildlife. No portion of any general fund appropriation, tuition payments, donations made, or interest earned on endowment funds for the camps program within the department of fish and wildlife for the purposes of supporting the conservation camps shall be reallocated or used for any other purpose. 

     (b) Of the above appropriation, an additional $5,000 shall be used to provide scholarships for children wishing to attend the Camp Kehoe conservation camp.

Sec. 204a.   FISH HATCHERIES; RENEWABLE ENERGY SOURCES OPPORTUNITIES

     (a)  The secretary of the agency of natural resources is directed to investigate opportunities for utilizing renewable energy sources at the fish hatcheries, including wind generated energy and biomass, in an effort to reduce energy costs at the hatcheries.

Sec. 204b.    PUBLIC SHOOTING RANGE; FEASIBILITY 

     (a)  The secretary of the agency of natural resources shall investigate and report to the general assembly on the feasibility of converting a portion of public lands to be used as a public shooting range provided it does not compete with a private entity and is appropriate to meet the needs of law enforcement training.  Any conversion will require a public input process consistent with agency land management guidelines, be consistent with existing land management plans and existing easements or other restrictions and require all permits associated with the activity.

Sec. 205.     Fish and wildlife - watershed improvement

                   Grants                                                 75,000 

               Source of funds                                                   

                   Fish and wildlife fund                           75,000 

Sec. 206.     Forests, parks and recreation - administration

                   Personal services                               873,790 

                   Operating expenses                           604,341 

                   Grants                                            2,216,100 

                        Total                                         3,694,231 

               Source of funds                                                   

                   General fund                                   1,023,231 

                   Special funds                                  1,466,000 

                   Federal funds                                 1,205,000 

                        Total                                         3,694,231 

Sec. 207.     Forests, parks and recreation - forestry

                   Personal services                            4,533,422  

                   Operating expenses                           641,312 

                   Grants                                               288,000 

                        Total                                         5,462,734 

               Source of funds                                                   

                   General fund                                   3,669,935 

                   Special funds                                     360,000 

                   Federal funds                                 1,200,000 

                   Interdepartmental transfer                  232,799 

                        Total                                         5,462,734 

Sec. 208.     Forests, parks and recreation - state parks

                   Personal services                            4,870,037 

                   Operating expenses                        2,199,350 

                   Grants                                                   5,000 

                        Total                                         7,074,387 

               Source of funds                                                   

                   General fund                                      993,987 

                   Special funds                                  6,080,400 

                         Total                                         7,074,387 

Sec. 209.     Forests, parks and recreation - lands administration

                   Personal services                               533,420 

                   Operating expenses                           231,111 

                        Total                                            764,531 

               Source of funds                                                   

                   General fund                                      539,531 

                   Special fund                                      145,000 

                    Federal funds                                      50,000 

                   Interdepartmental transfer                    30,000 

                        Total                                            764,531 

Sec. 210.     Forests, parks and recreation - youth conservation corps

                   Personal services                               388,775 

                   Operating expenses                               9,593 

                   Grants                                               500,000 

                        Total                                            898,368 

               Source of funds                                                   

                   General fund                                      100,000 

                   Special funds                                     454,368 

                   Federal funds                                      94,000 

                   Interdepartmental transfer                  250,000 

                        Total                                            898,368 

Sec. 211.     Forests, parks and recreation - forest highway maintenance

                   Personal services                               222,978 

                   Operating expenses                           301,000 

                        Total                                            523,978 

               Source of funds                                                   

                   General fund                                      523,978 

Sec. 212.     Environmental conservation - management and support services

                   Personal services                            2,931,319 

                   Operating expenses                           887,118 

                   Grants                                                 84,000 

                        Total                                         3,902,437 

               Source of funds                                                   

                   General fund                                   1,310,330 

                   Special funds                                     679,476 

                   Federal funds                                    993,471 

                   Interdepartmental transfer                  919,160 

                        Total                                         3,902,437 

Sec. 213.     Environmental conservation - air and waste management

                   Personal services                            7,056,543 

                   Operating expenses                        6,176,683 

                   Grants                                            1,709,000 

                        Total                                       14,942,226 

               Source of funds                                                   

                   General fund                                      815,555 

                   Special funds                                11,137,141 

                   Federal funds                                 2,815,544 

                   Interdepartmental transfer                  173,986 

                        Total                                       14,942,226 

Sec. 214.     10  V.S.A. § 6603i(a) is amended to read:

     (a) The secretary is authorized to award grants to municipalities and solid waste management districts for the portion of the cost of closure of unlined landfills receiving municipal solid waste located within the municipality or district. These grants shall be available to assist in the closure of any existing unlined landfills, accepting solid waste as of the effective date of this act, which are required to close in accordance with subsection 6605a(c) of this title or section 6605c of this title, or to assist in the closure of unlined landfills which ceased accepting solid waste prior to the effective date of this act, as defined by rule of the secretary.

Sec. 215.     Environmental conservation - office of water programs

                   Personal services                          12,479,486 

                   Operating expenses                        2,180,066 

                   Grants                                            2,891,036 

                        Total                                       17,550,588 

               Source of funds                                                   

                    General fund                                   6,643,890 

                   Special funds                                  3,916,462 

                   Federal funds                                 6,523,436 

                   Interdepartmental transfer                  466,800 

                        Total                                       17,550,588 

     (a) Notwithstanding 3 V.S.A. § 2805, in fiscal year 2006, $260,000 shall be transferred from the environmental permit fund to the general fund, while  $350,000 is maintained in the fund at the close of the fiscal year.

     (b)  The commissioner shall insure that $75,000 from the river management grants program is granted to the Vermont youth conservation corps to support a comprehensive river management program.  This program shall be coordinated to meet the stated objectives of the river corridor management plans outlined in the clean and clear program.


Sec. 216.     Environmental conservation - tax-loss-Connecticut River flood control

                   Operating expenses                             40,000 

               Source of funds                                                   

                   Special funds                                       40,000 

Sec. 217.     Natural resources board 

                   Personal services                            2,304,259 

                   Operating expenses                           444,350 

                        Total                                         2,748,609 

               Source of funds                                                   

                   General fund                                   1,058,883 

                   Special funds                                  1,689,726 

                        Total                                         2,748,609 

Sec. 218.     Total natural resources                  80,365,676 

               Source of funds                                                   

                   General fund                                 24,992,383 

                   Fish and wildlife fund                    12,481,014 

                   Special funds                                27,048,329 

                   Federal funds                               13,315,451 

                   Interdepartmental transfer               2,528,499 

                        Total                                       80,365,676 

Sec. 219.     Commerce and community development - agency of commerce and community development - administration

                   Personal services                            1,369,681 

                   Operating expenses                           524,064 

                   Grants                                               300,000 

                        Total                                         2,193,745 

               Source of funds                                                   

                   General fund                                   2,193,745 

Sec. 220.     Housing and community affairs

                   Personal services                            2,479,313 

                   Operating expenses                           347,147 

                   Grants                                            4,207,227 

                        Total                                         7,033,687 

               Source of funds                                                   

                   General fund                                   1,509,648 

                   Special funds                                  3,844,469 

                   Federal funds                                 1,614,570 

                   Interdepartmental transfer                    65,000 

                        Total                                         7,033,687 

     (a)  Of the above appropriation, no less than $60,000 in general funds shall be granted to the Champlain Valley Office of Economic Opportunity’s mobile home project for the “First Stop” program, which provides assistance to mobile home residents statewide. 

Sec. 221.     Historic sites - operations

                   Personal services                               615,472 

                   Operating expenses                           284,540 

                        Total                                            900,012 

               Source of funds                                                   

                   General fund                                      483,919 

                   Special funds                                     372,000 

                   Interdepartmental transfer                    44,093 

                        Total                                            900,012 

Sec. 222.     Historic sites - special improvements

                   Personal services                               129,160 

                   Operating expenses                        1,025,614 

                        Total                                         1,154,774 

               Source of funds                                                   

                   Special funds                                       50,000 

                   Federal funds                                    396,220 

                   Interdepartmental transfer                  708,554 

                         Total                                         1,154,774 

Sec. 223.     Community development block grants

                   Grants                                            7,446,530 

               Source of funds                                                   

                   Federal funds                                 7,446,530 

     (a) Community development block grants will carry forward until expended.

     (b)  Community development block grant (CDBG) funds shall be expended in accordance with and in the order of the following priorities:

          (1)  The greatest priority for the use of CDBG funds will be the creation and retention of affordable housing and jobs.

          (2)  The overarching priority and fundamental objective in the use of funds for all affordable housing is to achieve perpetual affordability through the use of mechanisms that produce housing resources that will continue to remain affordable over time.  It is the goal of the state to maintain at least 45 to 55 percent of CDBG funds for affordable housing applications.

          (3)  Among affordable housing applications, the highest priorities are to preserve and increase the supply of affordable family housing, to reduce and strive to eliminate childhood homelessness, and to serve families and individuals at or below 30 percent of HUD Area Median Income and people with special needs as described in the Consolidated Plan.  Housing for seniors should be considered when it meets clear unmet needs in the region and when it leverages rental assistance or other public subsidies for the lowest income seniors.

          (4)  Projects which address the ongoing deterioration of the existing housing stock through acquisition, preservation, and rehabilitation of units shall comply with housing quality standards with priority given to lead hazard reduction and energy efficiency.

          (5)  Preference shall be given to projects that maintain the historic settlement pattern of compact village and downtown centers separated by a rural working landscape.  Funds generally should not be awarded to projects that promote or constitute sprawl, defined as dispersed development outside of compact urban and village centers, along highways, and in rural countryside.

     (c)  Up to $750,000 may be set aside for brownfield sites after submission of a plan to the joint fiscal committee.

Sec. 224.     Downtown transportation and capital improvement fund

                   Personal services                                 40,000 

                   Grants                                               760,000 

                        Total                                            800,000 

               Source of funds                                                   

                   Special funds                                     800,000 

     (a) The secretary shall reassign one of the principal assistant positions within the agency to the planning position needed to accomplish the priorities of S.142 of the 2006 session (Growth Centers).

Sec. 225.     Economic development

                   Personal services                            1,936,584 

                   Operating expenses                           650,206 

                   Grants                                            1,675,349 

                        Total                                         4,262,139 

               Source of funds                                                   

                   General fund                                   3,573,344 

                   Special funds                                     490,325 

                   Federal funds                                    198,470 

                        Total                                         4,262,139 

     (a) Of the above appropriation,  $25,000 shall be used to support the employee ownership center.

Sec. 225a.   UNIFIED ECONOMIC DEVELOPMENT BUDGET 

     (a)  The commissioner of finance shall submit a proposal to create a unified economic development budget to the general  assembly together with the FY 2008 budget report of the governor required under 32 V.S.A. §306.  Said proposal shall be submitted to the house and senate committees on appropriations, the house ways and means and commerce committees, and the senate finance and economic development, housing and general affairs committees on or before January 15, 2007.

     (b)  The unified economic development budget shall include all of the types of development assistance granted during the prior fiscal year  by all agencies and departments of the state, specifically including the agency of commerce; the agency of agriculture, food and markets; the department of labor; and the department of taxes.

     (c)  The unified development budget shall specifically include:

          (1)  The aggregate amount and program specific amounts of uncollected or diverted state tax revenues resulting from each type of development assistance provided in the tax statutes, as reported on tax returns filed during the fiscal year to the department of taxes and on the expenditure report required by 32  V.S.A. § 302.

          (2)  The aggregate amount and program specific amounts of all state economic development assistance, including grants, loans, and tax expenditures.

          (3)  Performance measurements in terms of jobs created, payroll increases or decreases, and other measures of economic advancement.

Sec. 226.     Vermont training program

                   Personal services                               134,375 

                   Operating expenses                             20,636 

                   Grants                                            1,486,789 

                        Total                                         1,641,800 

               Source of funds                                                   

                   General fund                                   1,606,800 

                   Special funds                                       35,000 

                        Total                                         1,641,800 

Sec. 227.     Tourism and marketing

                   Personal services                            1,717,814 

                   Operating expenses                        2,486,686 

                   Grants                                               142,000 

                        Total                                         4,346,500 

               Source of funds                                                   

                   General fund                                   4,346,500 

Sec. 228.     Vermont life

                   Personal services                               736,256 

                   Operating expenses                           113,300 

                        Total                                            849,556 

               Source of funds                                                   

                   Enterprise funds                                 849,556 

Sec. 229.     Vermont council on the arts

                   Grants                                               529,618 

               Source of funds                                                   

                   General fund                                      529,618 

Sec. 230.     Vermont symphony orchestra

                   Grants                                               118,780 

               Source of funds                                                   

                   General fund                                      118,780 

Sec. 231.     Vermont historical society

                   Grants                                               733,393 

               Source of funds                                                   

                   General fund                                      733,393 

Sec. 232.     Vermont housing and conservation board

                   Grants                                          24,551,195 

               Source of funds                                                   

                   Special funds                                14,630,883 

                   Federal funds                                 9,920,312 

                        Total                                       24,551,195 

     (a) As required by 10 V.S.A. § 321(b), the housing and conservation board shall expend HOME funds solely for the development of perpetually affordable housing and to leverage additional funds for such purpose.

Sec. 233.     [DELETED]


Sec. 234.     Vermont humanities council

                   Grants                                               180,599 

               Source of funds                                                   

                   General fund                                      180,599 

Sec. 235.     Total commerce and community

                         development                            56,742,328 

               Source of funds                                                   

                   General fund                                 15,276,346 

                   Special funds                                20,222,677 

                   Federal funds                               19,576,102 

                   Enterprise funds                                 849,556 

                   Interdepartmental transfer                  817,647 

                        Total                                       56,742,328 

Sec. 236.     TRANSPORTATION

     (a) Transportation fund appropriations made available for the agency of transportation in cooperation with the federal government shall be available until expended and shall not revert.

     (b) The commissioner of finance and management shall maintain and control transportation appropriations in separate state and federal appropriations, as needed, and may incur overdrafts in personal services and operating expenses pending distribution of payroll and employee charges to other appropriations.

Sec. 237.     Transportation - finance and administration

                   Personal services                            8,879,959 

                   Operating expenses                        2,127,950 

                        Total                                       11,007,909 

               Source of funds                                                   

                   Transportation fund                      10,573,406 

                   Federal funds                                    434,503 

                        Total                                       11,007,909 

Sec. 238.     Transportation - aviation 

                   Personal services                            1,115,720 

                   Operating expenses                      10,074,880 

                   Grants                                               160,000 

                        Total                                       11,350,600 

               Source of funds                                                   

                   Transportation fund                        2,195,350 

                   Federal funds                                 9,155,250 

                        Total                                       11,350,600 

Sec. 239.     Transportation - buildings

                   Personal services                               133,000 

                   Operating expenses                        1,368,000 

                        Total                                         1,501,000 

               Source of funds                                                   

                   Transportation fund                        1,437,000 

                   Federal funds                                      64,000 

                        Total                                         1,501,000 

Sec. 240.     Transportation - program development

                   Personal services                          35,463,202 

                   Operating expenses                    130,162,679 

                   Grants                                          35,727,282 

                        Total                                     201,353,163 

               Source of funds                                                   

                   Transportation fund                      37,433,711 

                   Local match                                      732,978 

                   Federal funds                             160,786,424 

                   Interdepartmental transfer               2,400,050 

                        Total                                     201,353,163 

Sec. 241.     Transportation - rest areas

                   Personal services                               100,000 

                   Operating expenses                        3,341,146 

                        Total                                         3,441,146 

               Source of funds                                                   

                   Transportation fund                           383,117 

                   Federal funds                                 3,058,029 

                        Total                                         3,441,146 

Sec. 242.     Transportation - maintenance state system

                   Personal services                          32,043,294 

                   Operating expenses                      27,941,800 

                   Grants                                               368,000 

                        Total                                       60,353,094 

               Source of funds                                                   

                   Transportation fund                      57,446,094 

                   Federal funds                                 2,907,000 

                        Total                                       60,353,094 

Sec. 243.     Transportation - policy and planning

                   Personal services                            4,969,906 

                   Operating expenses                           964,875 

                   Grants                                            4,690,227 

                        Total                                       10,625,008 

               Source of funds                                                   

                   Transportation fund                        2,597,643 

                   Federal funds                                 7,887,365 

                   Interdepartmental transfer                  140,000 

                        Total                                       10,625,008 

Sec. 244.     Transportation - rail 

                   Personal services                            4,911,881 

                   Operating expenses                      12,466,427 

                   Grants                                            4,720,000 

                        Total                                       22,098,308 

               Source of funds                                                   

                   Transportation fund                        8,979,308 

                   Federal funds                               13,119,000 

                        Total                                       22,098,308 

Sec. 245.     Transportation - bridge maintenance

                   Operating expenses                        8,340,679 

               Source of funds                                                   

                   Transportation fund                        2,028,959 

                   Local match                                        50,000 

                   Federal funds                                 6,261,720 

                        Total                                         8,340,679 

Sec. 246.     Transportation - public transit

                   Personal services                               516,238 

                   Operating expenses                             69,450 

                   Grants                                          16,837,070 

                        Total                                       17,422,758 

               Source of funds                                                   

                    Transportation fund                        6,016,646 

                   Federal funds                               11,406,112 

                        Total                                       17,422,758 

Sec. 247.     Transportation - central garage

                   Personal services                            3,198,783 

                   Operating expenses                      11,309,386 

                        Total                                       14,508,169 

               Source of funds                                                   

                   Internal service funds                    14,508,169 

     (a) Notwithstanding 19 V.S.A. § 13(c), of the above appropriation, $1,400,000 is appropriated from the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A. § 13(b). 

Sec. 248.     Department of motor vehicles

                   Personal services                          16,580,740 

                   Operating expenses                        7,050,064 

                   Grants                                               311,300 

                        Total                                       23,942,104 

               Source of funds                                                   

                   Transportation fund                      22,617,251 

                    Federal funds                                 1,324,853 

                        Total                                       23,942,104 

Sec. 249.     Transportation - town highway structures

                   Grants                                            3,494,500 

               Source of funds                                                   

                   Transportation fund                        3,494,500 

Sec. 250.     Transportation - town highway emergency fund

                   Grants                                            1,000,000 

               Source of funds                                                   

                   Transportation fund                        1,000,000 

Sec. 251.     Transportation - town highway Vermont local roads 

                   Grants                                               375,000 

               Source of funds                                                   

                   Transportation fund                           235,000 

                   Federal funds                                    140,000 

                        Total                                            375,000 

Sec. 252.     Transportation - town highway class 2 roadway

                   Grants                                            4,748,750 

               Source of funds                                                   

                   Transportation fund                        4,748,750 

Sec. 253.     Transportation - town highway bridges

                   Personal services                            3,650,000 

                   Operating expenses                      22,659,491 

                   Grants                                               525,000 

                        Total                                       26,834,491 

               Source of funds                                                   

                   Transportation fund                        3,393,170 

                   Local match                                   2,161,145 

                   Federal funds                               21,280,176 

                        Total                                       26,834,491 

Sec. 254.     Transportation - town highway aid program

                   Grants                                          24,982,744 

               Source of funds                                                   

                   Transportation fund                      24,982,744 

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

Sec. 255.     Transportation - town highway class 1 supplemental grants

                   Grants                                               128,750 

               Source of funds                                                   

                   Transportation fund                           128,750 

Sec. 256.     Transportation - municipal mitigation grant program

                   Grants                                            2,000,700 

               Source of funds                                                   

                   Transportation fund                           196,707 

                   Federal funds                                 1,803,993 

                        Total                                         2,000,700 

Sec. 257.     Transportation - public assistance grant program

                   Grants                                               200,000 

               Source of funds                                                   

                   Federal funds                                    200,000 

Sec. 258.     Transportation board

                   Personal services                                 70,800 

                   Operating expenses                             13,800 

                        Total                                              84,600 

               Source of funds                                                   

                   Transportation fund                             84,600 

Sec. 259.     [DELETED]


Sec. 260.     Total transportation                     449,793,473 

               Source of funds                                                   

                   Transportation fund                    189,972,706 

                   Local match                                   2,944,123 

                   Federal funds                             239,828,425 

                   Internal service funds                    14,508,169 

                   Interdepartmental transfer               2,540,050 

                        Total                                     449,793,473 

Sec. 261.     Debt service

                   Debt service                                 69,130,821 

               Source of funds                                                   

                   General fund                                 64,549,851 

                   Transportation fund                        2,086,135 

                   Special funds                                  2,494,835 

                        Total                                       69,130,821 

Sec. 262.     Total debt service                          69,130,821 

               Source of funds                                                   

                   General fund                                 64,549,851 

                   Transportation fund                        2,086,135 

                   Special funds                                  2,494,835 

                        Total                                       69,130,821 

Sec. 263.   RELATIONSHIP TO EXISTING LAWS

     (a) Except as specifically provided, this act shall not be construed in any way to negate or impair the full force and effect of existing laws.

Sec. 264.  OFFSETTING APPROPRIATIONS

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

Sec. 265.   FEDERAL FUNDS

     (a) In fiscal year 2007 the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal funds available to the state of Vermont including block grants in lieu of or in addition to funds herein designated as federal.  The governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made.

     (b) If during fiscal year 2007, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2006 session of the Vermont general assembly are converted into block grants or are abolished under their current title in federal law and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated.  The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval.  Notice shall be given to the joint fiscal committee without delay if the governor is intending to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval.

Sec. 266.   DEPARTMENTAL RECEIPTS

     (a) All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds:

           Connecticut river flood control

           Public service department ‑ sale of power

           Department of taxes ‑ unorganized towns and gores

     (b) Notwithstanding any other provision of law, departmental indirect cost recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department.  All recoveries not so authorized shall be covered into the general fund, or, for agency of transportation recoveries, the transportation fund.

Sec. 267.   NEW POSITIONS

     (a) Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal year 2007, except for new positions authorized by the 2006 session. Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.

Sec. 268.   APPROPRIATIONS; PROPERTY TRANSFER TAX

     (a) Notwithstanding Sec. 273 of No. 122 of the Acts of 2004, and Sec. 253(c) of No. 71 of the Acts of 2005, this act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax.  Expenditures from these appropriations shall not exceed available revenues:

           (1) The sum of $300,960 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program. Notwithstanding 32 V.S.A. § 9610(c), amounts above $300,960 from the property transfer tax that are deposited into the property valuation and review administration special fund shall be transferred into the general fund.

           (2) The sum of $13,763,883 is appropriated from the Vermont housing and conservation trust fund to the Vermont housing and conservation trust board. Notwithstanding 10 V.S.A. § 312, amounts above $13,763,883 from the property transfer tax that are deposited into the Vermont housing and conservation trust fund shall be transferred into the general fund.

           (3) The sum of $4,116,847 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,116,847 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The $4,116,847 shall be allocated as follows:

                 (A) $2,881,792 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);

                 (B) $823,369 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);

                 (C) $411,685 to the Vermont center for geographic information.

     (b)  Property transfer tax revenues in fiscal year 2007 shall be distributed pursuant to 32 V.S.A §§ 435(b)(10) and 9610(c), 10 V.S.A. § 312, and 24 V.S.A. § 4306(a) and transferred into the general fund consistent with the provisions of subsection (a) of this section, except that any property transfer tax revenues above $40,200,000, not to exceed $3,500,000, shall be deposited into the Vermont housing and conservation trust fund and appropriated to the Vermont housing and conservation trust board.

     (c)  In fiscal year 2008, the appropriations in subdivisions (a)(1)-(3) of this section shall increase by at least 4.5 percent.

Sec. 269.   TRANSPORTATION FUND TRANSFER

     (a) The amount of $800,000 is transferred from the transportation fund to the downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund.


Sec. 270.   Sec. 10(a)(2)(A) of No. 66 of the Acts of 2005 is amended to read:

                 (A) From the general fund for the fiscal year beginning July 1, 2005, $4,019,782.00 and for the fiscal year beginning July 1, 2006, $7,581,008.00 $3,800,000.00.

Sec. 271.     FISCAL YEAR 2006 GENERAL FUND APPROPRIATIONS AND TRANSFERS

     (a)  In fiscal year  2006, the following amounts are appropriated or transferred from the general fund:

          (1)  $610,000 to the department of education for transfer to the department of corrections as needed for special education program expenses.

          (2)  $7,000,000 to the department of education for state aid for school construction projects pursuant to 16 V.S.A. § 3448.

          (3)  $1,0000,000 to the department of buildings and general services for the agency of human services for continued planning, design and permitting associated with creating a new inpatient facility to replace the current Vermont state hospital.

          (4)  $325,000 to the secretary of state for costs of the 2006 biennial elections.

          (5)  $3,000,000 for “The Next Generation Initiative ”; in order to ensure that Vermont’s youth can obtain a college education that provides them the technical skills necessary to thrive in a dynamic global economy and that the technology based professions for which they have trained will be available in Vermont upon their entrance into the workforce, the following appropriations are hereby made:

               (A)  $1,000,000 to the university of Vermont for investment in the research and development of innovative and sustainable technologies that will expand the university’s role in statewide economic development.

               (B)  $1,000,000 to the Vermont state colleges to invest in workforce development programs centered upon the innovative and sustainable technologies sector.

               (C)  $1,000,000 to the Vermont student assistance corporation to invest in programs and other initiatives that encourage Vermont K-12 students to pursue educational opportunities beyond high school.

          (6)  $350,000 is transferred to the environmental contingency fund, established in 10 V.S.A. § 1283.

          (7)  $100,000 to the office of military and veterans affairs for a grant for the purchase of vans for the disabled American veteran’s transportation network.

          (8)  $20,000 to the department of libraries to provide for newspapers for the blind program.

          (9)  $100,000 to be reserved for use as the state’s fiscal year 2007 contribution toward the growth of the endowment fund for the Vermont state colleges.  The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties.  The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state.  A method for accounting for the state colleges’ share has been agreed upon between the state colleges and the commissioner of finance and management.  Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges.  By June 30, 2008, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund.  The funds appropriated for this purpose shall be retained by the state.

          (10)  $40,000 to the Vermont council on the arts for a grant to the Vermont museum and gallery alliance to encourage professional practices, foster cooperation, and promote appreciation of the programs and resources of Vermont’s museums, galleries, and historic places.

          (11)  $15,000 to the judiciary which shall be used to upgrade video conferencing equipment in the Bennington courthouse.

          (12)  $75,000 to the department of economic development for grants to the regional development corporations.

          (13)  $10,000 to the department of economic development for the north link broadband project.

          (14)  $400,000 to the department of economic development for the Vermont training program.

          (15)  $355,000 to the department of tourism and marketing, of which $100,000 shall be used for the Lake Champlain quadricentennial commission, $125,000 for marketing activities and $130,000 for new cooperative marketing initiatives.

          (16)  $55,000 to the secretary of administration for distribution to the united counseling service for intensive outpatient services for Vermonters related to the mobile methadone program.  This grant is contingent on a mobile methadone program being established in Bennington County which is based on an agreement between the department of health and the Bennington county community.  In the event that the program is not created the money shall remain in the general fund.

          (17)  $25,000 to the Southern Windsor County Incubator (SWCI) to continue work in developing a project that will benefit existing local businesses as well as entrepreneurs that will grow some of the future economic base of the region.

          (18)  $40,000 to fund a needs assessment as follows:

               (A)  The commissioner of disabilities, aging, and independent living shall perform a needs assessment regarding present and future workforce issues of direct care workers in Vermont.  The assessment shall focus on potential problems regarding quantity, quality, stability, and availability of workers, specifically as they apply to long‑term care services and supports provided to Vermont’s elderly and disabled populations.  At a minimum, the assessment shall identify the potential problems and opportunities projected through 2030 and shall include recommendations for addressing these problems in the near and long term.  In preparing the assessment, the commissioner shall consult with representatives  of the community of Vermont elders (COVE), AARP Vermont, Vermont association of professional care providers (VAPCP), Vermont center for independent living (VCIL), Vermont health care association (VHCA), Vermont association of adult day services (VAADS), Vermont assembly of home health agencies (VAHHA), northern New England association of homes and services for the aging Vermont (NNEAHSA), the workforce development partners (WDP), parent to parent of Vermont (P2PVT), Vermont Refugee Resettlement Program (VRRP) or a similar organization representing Vermont’s refugee and immigrant workforce, the state long-term care ombudsman, developmental service providers, and the commissioner of labor.

               (B)  The commissioner shall submit a report on the results of the needs assessment and recommendations to the house committee on human services and the senate committee on health and welfare no later than December 30, 2007.  No later than January 15, 2007, the commissioner shall submit an interim report to the committees, including an assessment of existing needs and recommendations for short-term strategies to address these needs.

          (19)  $75,000 to the department for children and families for a grant to the Vermont coalition of teen centers.

          (20)  $100,000 to the department for children and families for a grant to the Vermont adoption consortium.

          (21)  $110,000 to the legislature for information technology data center work.

          (22)  $11,000 to the department for children and families, family services for the Vermont coalition for homeless and runaway youth program.

          (23)  $155,000 in general funds and $95,000 in Global Commitment funds to the department of health for area health education center activities.  The language in Sec. 119(c) and (d) of this act applies to this appropriation.

          (24)  $39,121 in general funds and $55,879 in federal funds to the secretary of human services for Global Commitment.

          (26)  $110,000 is transferred to the waste management assistance fund created in 10 V.S.A. § 6618.

          (27)  $10,000  to the Vermont alliance of nonprofit organizations (VANPO) to support the training and development of nonprofit and community leaders, managers, and executives.  This funding will provide resources to VANPO’s existing technical assistance program for skill-building workshops in Vermont.

          (28) $26,767 in general funds and $38,233 in federal funds to the secretary of human services for Global Commitment, and $65,000 in Global Commitment funds is appropriated to the office of Vermont health access to be granted to Vermont legal aid to support a health care ombudsman position. The office of the health care ombudsman shall report to the house and senate committees on appropriations by December 15, 2006 on the activities and caseload of this additional ombudsman position.

Sec. 271a.   VERMONT TAX STUDY

     (a)  The joint fiscal office, with assistance from the staff of the legislative council, under the direction of the joint fiscal committee, shall conduct a study of Vermont state taxes.

     (b)  The study shall:

          (1)  Analyze historical trends since 1995 in Vermont taxes as compared to other states, and compare the percentage of Vermont revenue from each state-level source to the percentage of revenue from each state-level source in other states;

          (2)  Analyze state tax burdens per capita, per income level, on typical Vermont families of a variety of incomes, and on typical Vermont business enterprises of a variety of sizes and types, and analyze trends in the taxpayer revenue base; and

          (3)  Review the simplicity, equity, stability, predictability and performance of the Vermont personal and corporate income, sales, rooms and meals, business franchise taxes, insurance premium taxes, and education property tax.

     (c)  Based upon the data resulting from the study in subsection (b) of this section, the joint fiscal office shall, as part of the study or separately, prepare a review of:

          (1)  alternative top personal income tax rates for Vermont, based upon possible changes to income brackets and tax rates below the marginal rate;

          (2)  taxes in which broadening the base would allow a reduction in rate or rates, and possible options for achieving this;

          (3)  the future Vermont economic and demographic trends, and implications for Vermont’s tax structure as regards revenue, equity and competitiveness; and

     (d)  The Vermont department of taxes shall cooperate with and provide assistance as needed to the joint fiscal office.  The study, including recommendations for further research or analysis, shall be submitted to the joint fiscal committee by December 15, 2006.  There is appropriated in fiscal year 2006 $30,000 in general funds to the joint fiscal committee for consultant assistance, data analysis, and other expenses related to this study.

Sec. 271b.  LONG-TERM ECONOMIC DEVELOPMENT PLANNING

     (a)  32 V.S.A. §5930j is amended to read:

§ 5930j.      Vermont economic progress council; long-term economic development planning

* * *

          (2)  In fulfilling its economic development planning responsibilities, the council shall:

               (A) Conduct a planning process that is open and inclusive, with broad-based public engagement ensuring participation that is demographically and geographically representative of the state and includes input from a wide range of perspectives, expertise and interests, including the general assembly, state agencies and the administration, regional and local planning and development organizations, municipalities, the private sector, and business organizations including owners, knowledgeable in the areas of economic interest such as agriculture, social and human services, energy, education, childcare, environmental issues, science and technology, arts and culture, transportation, telecommunications, housing, workforce development, and tourism and recreation.

               (B)  Build a plan by coordinating and considering existing economic development information and strategic plans produced by other organizations and agencies, such as regional economic development strategic plans, comprehensive economic development strategies (CEDS), legislative initiatives, and research and reports by organizations such as the Vermont business roundtable, the Vermont council on rural development, the Vermont technology council, the Vermont sustainable jobs fund, and the university of Vermont.

               (C)  Include an examination of the issues critical to encouraging business to develop in Vermont, including workforce development, development of higher education institutions, infrastructure development, quality of life issues and tax policy.

               (D) Discuss and develop possible working definitions of the creative economy in the state, identifying and aggregating the creative, artistic, inventive, and cultural enterprises, and other sectors of the economy including media design, sustainable technologies, added value manufacturing, natural resource industries and environmental technologies that comprise part of the state’s creative technology.  Review possible measures and indicators of economic benefit, costs, and contributions to the state from the creative economy sector.

               (E)  Include the development of a meaningful benchmark process that sets economic development goals appropriate for Vermont and measures the State’s position relative to those goals.

               (F)  The Vermont Economic Progress Council needs to make recommendations to the legislature recommending legislation and resource allocation in a climate of limited resources

          (3)  The council shall submit a biennial report to the governor and the general assembly on or before May 1December 15, beginning in the year 20072004, and on or before December 15 for each subsequent year with its recommendations for implementing the state's long-term economic development planning agenda. Such recommendations shall contain short term medium term and long-term goals, and anticipated budgets, evaluation mechanisms, and proposals for legislation where necessary.

     (b)  There is appropriated in fiscal year 2006 $60,000 in general funds to the Vermont Economic Progress Council to fund economic planning including creative economy development as outlined in this section.

Sec. 271c.   TRANSPORTATION FUND TRANSFERS AND ADJUSTMENTS

     (a)  The following one time transfers shall be made in fiscal year 2007 to the transportation fund:

          (1)  $2,500,000 from the weatherization assistance trust fund; and

          (2)  $3,200,000 from the general fund.

     (b)  If the July 2006 official forecast for transportation fund revenue indicates that use of the transportation fund budget stabilization reserve will be necessary to meet proposed spending in fiscal year 2007, the secretary of administration shall develop a list of projects for cancellation to restore the reserve to its statutory level.  Said list shall be submitted to the joint fiscal committee by September 1, 2006.  The list shall be reviewed by a special committee consisting of the chairs and vice chairs of the transportation committees and the members of the joint fiscal committee to be held on the same day as the September joint fiscal committee meeting.  

Sec. 272.     Sec. 70 of  No. 93 of the Acts of 2006 is amended to read:

Sec. 70.       FISCAL YEAR 2006 DESIGNATED GENERAL FUND BALANCE (WATERFALL)

     (a)  At the close of fiscal year 2006, the fiscal year 2006 unreserved and undesignated general fund balance on a budgetary basis, as determined by the commissioner of finance and management on July 31, 2006, shall to be reserved in the general fund stabilization reserve to the extent necessary to attain its statutory maximum.  To the extent funds are available:

          (1)  First, be reserved in the general fund budget stabilization reserve to the extent necessary to attain its statutory maximum; $ 12,030,000 shall be reserved in the general fund surplus for fiscal year 2007 spending.

          (2)  Second, any remaining funds shall be reserved in the general fund surplus reserve established in 32 V.S.A. § 308c(a) $12,800,000 shall be appropriated to the state teachers’ retirement fund.  This appropriation shall be made only to the extent necessary to make up the difference from the amount appropriated under Sec. 273(a) of this act [fiscal year 2007 contingent appropriation] and $12,800,000

          (3)  Third, $850,000 shall be transferred to the transportation fund to meet fiscal year 2007  appropriation needs.

          (4)  Fourth, $190,000 shall be appropriated for the department of corrections to provide additional funding for electronic monitoring.

          (5)  Fifth, $180,000 shall be appropriated to the department of building and general services for a grant for the Shaftsbury landfill.

          (6)  Sixth, $3,000,000 shall be appropriated to the department of finance and management to be used for fiscal year 2007 pay act obligations.

          (7)  Seventh, $1,000,000 to the housing and conservation trust board for housing.

          (8)  Eighth, any remaining funds shall held in the general fund surplus reserve.

Sec. 273.     FISCAL YEAR 2007 CONTINGENT APPROPRIATIONS AND TRANSFERS

     (a)  In the event the official fiscal year 2007 revenue forecast for the available general fund adopted by the emergency board at its July 2006 meeting exceeds $1,090,347,000 not including the first $3,500,000 of any increase attributable to the property transfer tax revenue growth, in excess of the official forecast of January 11, 2006 to the extent the forecast is exceeded, up to $5,000,000 is appropriated to the state teachers retirement system as an additional base fiscal year 2007 appropriation.

     (b)  If there are any  remaining funds after disbursements are made in subsection (a) of this section, they  shall be reserved in the general fund surplus reserve established in 32 V.S.A. § 308c(a) for appropriations during the fiscal year 2007 budget adjustment process.

Sec. 274.   FISCAL YEAR 2007 TOBACCO SETTLEMENT FUND BALANCE

     (a) Notwithstanding 18 V.S.A. § 9502(b), in fiscal year 2007 the balance in the tobacco litigation settlement fund shall remain in the tobacco litigation settlement fund.

Sec. 275.   TRANSFER OF TOBACCO TRUST FUNDS

     (a) Notwithstanding 18 V.S.A. § 9502(a)(3), at the close of fiscal year 2007, the secretary of administration may transfer funds from the tobacco trust fund to the tobacco litigation settlement fund established in 32 V.S.A. § 435a, in the amount needed to bring the ending balance of the tobacco litigation settlement fund to $0.00 for fiscal year 2007, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2007 under the Master Tobacco Settlement Agreement. Upon release and deposit of the withheld funds into the tobacco litigation settlement fund, an equal amount shall be returned to the tobacco trust fund.

Sec. 276.   18 V.S.A. § 9504 is amended to read:

§ 9504.      CREATION OF THE VERMONT TOBACCO EVALUATION AND REVIEW BOARD

* * *

     (b) The board shall consist of 1314 members, including ex officio the commissioner of health and the commissioner of education, or their designees; the commissioner of the department of liquor control or designee, the attorney general or designee; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the committee on committees; a member representing a nonprofit organization qualifying under Section 501(c)(3) of the Internal Revenue Code and dedicated to anti-tobacco activities appointed by the speaker of the house; a member representing the low income community appointed by the senate committee on committees; two persons under the age of 21 30, one appointed by the speaker of the house and one appointed by the senate committee on committees; and four members appointed by the governor with the advice and consent of the senate, including: one K-12 educator involved in prevention education; one tobacco use researcher; one member representing the health care community; and one tobacco industry countermarketing expert. The public members shall serve for three-year terms, beginning on February 1 of the year in which the appointment is made, except that the first members appointed by the governor to the board shall be appointed, two for a term of two years, one for a term of three years and one for a term of four years. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.

* * *

Sec. 277.   16 V.S.A. § 1944(c) is amended to read:

     (c) Pension accumulation fund.

* * *

        (2) Beginning with the actuarial valuation as of June 30, 1982 2005, the contributions to be made to the pension accumulation fund by the state shall be determined on the basis of the actuarial cost method known as "entry age normal cost with frozen initial liability." On account of each member, there shall be paid annually by the state into the pension accumulation fund a percentage of the earnable compensation of each member to be known as the "normal contribution" and an additional percentage of his the member’s earnable compensation to be known as the "accrued liability contribution." The rates percent  percentage rate of such contributions shall be fixed on the basis of the liabilities of the system as shown by actuarial valuation. “Normal contributions” and “accrued liability contributions” shall be by separate appropriation in the annual budget enacted by the general assembly.

* * *

        (4) The unfunded accrued liability determined by actuarial valuation as of June 30, 1988 shall be amortized over a period of 30 years beginning July 1, 1988 in accordance with the provisions of this section. Subject to the approval of the retirement board, the amount of unfunded accrued liability may be adjusted after 1988 to take account of changes in the actuarial assumptions used in annual valuations.

        (5) Until the unfunded accrued liability is liquidated, the accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a period of 30 years from July 1, 19821988, provided that the amount of each annual accrued liability contribution after June 30, 19821988 shall be five percent greater than the preceding annual accrued liability contribution. Any variation in the contribution of normal or unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remaining 30-year period.

* * *

Sec. 277a.   3 V.S.A. § 473 is amended to read:

§ 473.         Funds

     (c)  Pension accumulation fund.

* * *

          (2)  Beginning with the actuarial valuation as of June 30, 1981 2005 the contributions to be made to the pension accumulation fund by the state shall be determined on the basis of the actuarial cost method known as "entry age normal cost with frozen initial liability."  On account of each member there shall be paid annually into the pension accumulation fund by the state an amount equal to a certain percentage of the annual earnable compensation of such member, to be known as the "normal contribution," and an additional amount equal to a certain percentage of his annual earnable compensation, to be known as the "accrued liability."  The rates percent percentage rate of such contributions shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation.

* * *

          (5)   Until the unfunded accrued liability is liquidated, the accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a period of 30 years from July 1, 1982 1988, provided that the amount of each annual accrued liability contribution after June 30, 1982 1988 shall be five percent greater than the preceding annual accrued liability contribution.   Any variation in the contribution of normal or unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remaining 30-year period.

Sec 277b.    3 V.S.A. § 523(a) is amended to read:

§ 523.         Vermont pension investment committee; duties

     (a) The Vermont pension investment committee shall only be responsible, consistent with a duly approved asset allocation, for the investment of the assets of the state teachers' retirement system of Vermont, the Vermont state employees' retirement system, and the Vermont municipal employees' retirement system pursuant to section 472 of this title, section 1943 of Title 16, and section 5063 of Title 24.  The committee may, in its discretion, subject to approval by the attorney general, also enter into agreements with municipalities administering their own retirement systems to invest retirement funds for those municipal pension plans.  The state treasurer shall serve as the custodian of the funds of all three retirement systems.

Sec. 278.     STATE EMPLOYEES’ POST EMPLOYMENT BENEFITS PENSION TRUST FUND RESERVE ACCOUNT

     (a) An irrevocable "state employees' post employment benefits pension trust fund reserve account" is hereby created for the purpose of accumulating and providing reserves to fund retiree post-employment benefits for members of the Vermont state employees' retirement system, excluding pensions and benefits otherwise appropriated by statute. 

     (b) Into the fund shall be deposited:

        (1) All funds remitted to the State as a subsidy on behalf of the members of the Vermont state employees' retirement system for employer-sponsored qualified prescription drug plans pursuant to the Medicare prescription drug improvement and modernization act of 2003,

        (2) Any appropriations by the general assembly to fund retiree post-employment benefits for members of the Vermont state employees' retirement system.

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

Sec. 279.     32 V.S.A. § 4465 is amended to read:

§ 4465.        APPOINTMENT OF APPRAISER; OATH; PAY

     When an appeal to the director is not withdrawn, the director shall refer the appeal in writing to a person not employed by the director, appointed by the director as an appraiser.  The director shall have the right to remove an appraiser for inefficiency, malfeasance in office, or other cause.  In like manner, the director shall appoint an appraiser to fill any vacancy created by resignation, removal or other cause.  Before entering into their duties, persons appointed as appraisers shall take and subscribe the oath of the office prescribed in the constitution, which oath shall be filed with the director.  The director shall pay each appraiser a sum not to exceed $80.00 $120.00 per diem for each day wherein hearings are held, together with reasonable expenses as the director may determine.  An appraiser may subpoena witnesses, records, and documents in the manner provided by law for serving subpoenas in civil actions and may administer oaths to witnesses.

Sec. 280.     [Deleted]

Sec. 281.     23 V.S.A. § 3214 is amended to read:

§ 3214.        APPROPRIATION ALLOCATION OF FEES AND PENALTIES; LIABILITY INSURANCE; AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT SERVICES             

     (a) The amount of 85 percent of the fees and penalties collected under this subchapter, except interest, is are hereby appropriated allocated to the agency of natural resources for use by VAST for development and maintenance of the statewide snowmobile trail program (SSTP), for trails' liability insurance, and to contract for law enforcement services with any constable, sheriff's department, municipal police department, the department of public safety, and the department of fish and wildlife for purposes of trail compliance pursuant to this chapter. The departments of public safety and fish and wildlife are authorized to contract with VAST to provide these law enforcement services. The agency of natural resources may retain for its use up to $11,500.00 during each fiscal year to be used for the oversight of the state snowmobile trail program.

     (b) All fees and penalties, except interest, collected under this subchapter and not appropriated pursuant to subsection (a) of this section shall be used to purchase trails' liability and other related insurance. The department of buildings and general services shall assist VAST with the procurement of trails liability and other related insurance. The balance shall be deposited, together with interest accrued, in the transportation fund.

     (c) (b) VAST shall purchase a trails' liability insurance policy in the amount of $1,000,000.00. The state of Vermont shall be named an additional insured. The policy shall extend to all VAST affiliated snowmobile clubs and their respective employees and agents to provide for trails' liability coverage for development and maintenance of the statewide snowmobile trails program including groomer use and operation. The department of buildings and general services shall assist VAST with the procurement of trails liability and other related insurance.

     (d) (c) Nothing contained in this section shall authorize or create any cause of action to accrue or to be maintained against the state of Vermont.

     (e) (d) Any fees and penalties appropriated allocated pursuant to subsection (a) of this section shall not revert but shall be available until spent. Any accrued interest shall be deposited in the transportation fund.

Sec. 282.     20 V.S.A. § 45 is amended to read:

§ 45.  EMERGENCY RELIEF AND ASSISTANCE

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

     (b) The emergency board established by section 131 of Title 32 may authorize the secretary of administration to expend from the emergency relief and assistance fund an amount not to exceed $1,000,000.00 to avert an emergency natural or otherwise as identified by the board, and to expend from the emergency relief and assistance fund to award low interest loans and grants to municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms, or businesses are damaged by a natural disaster. Assistance under this subsection may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this subsection.

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

     (d) (c) There is created an emergency relief and assistance fund to be administered by the secretary of administration as a special fund under the provisions of subchapter 5 of chapter 7 of Title 32. The fund shall contain any amounts transferred to it under this section or appropriated to it by the general assembly.

     (d) Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the secretary of administration.

     (e) Annually, by September 30, the secretary of administration shall submit to the general assembly a report detailing any expenditures during the prior fiscal year for disaster relief and assistance under this section to the general assembly, and the balance in the emergency relief and assistance fund at the end of that fiscal year. The status of the fund shall be considered in the development of proposed adjustments to current year appropriations for submission to the next session of the general assembly.

Sec. 283.     32 V.S.A. § 585(c) is added to read:

     (c) The commissioner shall fully utilize the fund and account structure in the state finance system to manage efficiently dedicated revenues, with the intended result of reducing and limiting the number of separate special funds, while maintaining accountability and segregation of revenues dedicated by statute for specific purposes.

Sec. 284.     32 V.S.A. § 4041a(a) is amended to read:

     (a) A municipality shall be paid $8.80 $8.50 per grand list parcel per year, from the equalization and reappraisal account within the education fund and $8.50 per parcel of this amount shall be paid to the town, to be used only for reappraisal and costs related to reappraisal of its grand list properties and for maintenance of the grand list; and $0.30 per parcel of this amount shall be paid to the lister training subaccount, to the credit of the town in which the parcel is locatedAdditionally, a municipality shall be paid $3.65 per grand list parcel for the first 100 parcels $0.20 for the next 100 parcels, and $0.01 for all parcels in excess of 200 from the equalization and reappraisal account within the education fund, to be used only for costs to acquire assessment education provided under section 3436 of this title.

Sec. 285.     16 V.S.A. § 4025(c) is amended to read:

     (c) An equalization and reappraisal account is established within the education fund. Moneys from this account are to be used by the division of property valuation and review to assist towns with maintenance or reappraisal on a case-by-case basis; and for reappraisal payments pursuant to section 4041a of Title 32. A lister training subaccount within the equalization and reappraisal account is established. Each municipality is authorized to draw from its own portion of the subaccount such amounts as it determines necessary for lister training, and shall pay this amount to the director of property valuation and review for lister training services provided. A municipality may withdraw funds from this subaccount upon warrants issued by the commissioner of finance and management. Unused funds in the subaccount at the end of the fiscal year shall revert to the education fund.

Sec. 286.     24 V.S.A. § 138(d) is amended to read:

     (d) Of the taxes reported under this section, 80 percent shall be paid to the municipality in which they were reported for calendar year 1999, 70 percent shall be paid to the municipality in which they were reported for calendar years thereafter. Such revenues may be expended by the municipality for municipal services only and not for educational expenditures. The remaining amount of the taxes reported shall be remitted monthly to the state treasurer for deposit in the PILOT special fund established in Sec. 89 of No. 60 of the Acts of 1997. Amounts to be paid to a municipality under this section shall be reduced by five percent to reflect the difference between the amounts reported and collected. Taxes due to a municipality under this section, less the costs of administration and collection, shall be paid on a quarterly basis. seventy percent of the taxes shall be paid on a quarterly basis to the municipality in which they were reported, after reduction for the costs of administration and collection under subsection (c) of this section.  Revenues received by a municipality may be expended for municipal services only, and not for education expenditures.  Any remaining revenue shall be deposited into the PILOT special fund established by 32  V.S.A. § 3709.

Sec. 287.     32 V.S.A. chapter 123, subchapter 4B is added to read:

Subchapter 4B.            Pilot Special Fund

§ 3709.                        PILOT SPECIAL FUND

     (a) There is hereby established a PILOT special fund consisting of local option tax revenues paid to the treasurer pursuant to 24 V.S.A. § 138. This fund shall be managed by the commissioner of taxes pursuant to subchapter 5 of chapter 7 of this title. Notwithstanding subdivision 588(3) of this title, all interest earned on the fund shall be retained in the fund for use in meeting future obligations. The fund shall be exclusively for payments required under subchapter 4 of chapter 123 of this title, state payment in lieu of property taxes. The commissioner of finance and management may draw warrants for disbursements from this fund in anticipation of receipts.

     (b) If the PILOT special fund is insufficient to pay the full amount of all payments in lieu of taxes under subchapter 4 of this chapter, payments, after application of the cap in subsection 3703(c) of this title, shall be reduced proportionately.

Sec. 288.     32 V.S.A. § 168 is amended to read:

§ 168.          SINGLE AUDIT REVOLVING FUND

     (a) A single audit revolving fund is established within the state treasury, to be administered by the auditor of accounts, from which payments may be made for the costs of audits performed pursuant to section 163(11) subdivisions 163(1) and (11) of this title. All monies received from charges made for audit services under the provisions of subsection (b) of this section and sums which may be appropriated to the fund shall be deposited in the fund. Any balance remaining in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund.

     (b) The auditor of accounts shall charge the state department, agency, commission or state-created authority audited for the direct and indirect costs of an audit performed pursuant to section 163(11) subdivisions 163(1) and (11) of this title. Costs shall be determined by the auditor of accounts and approved by the secretary of administration.

Sec. 289.     16  V.S.A. §2959A is amended to read:

§ 2959A.     EDUCATION MEDICAID RECEIPTS

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

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

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

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

     (c)  At least annually, the commissioner of education shall pay to each supervisory union submitting Medicaid bills under this section, 50 percent of the reimbursed funds generated by the supervisory union's bill, excluding claims generated by state-placed students.  Unless the supervisory union has agreed to use the funds to operate a supervisory unionwide program or to distribute the funds in a different manner, upon receipt, the supervisory union shall distribute the funds to its member school districts based on how the funds were generated.  The commissioner of education may withhold payment due a school district pursuant to section 2950 of Title 16 for a Medicaid-eligible state-placed student if the school district has not submitted a Medicaid claim for reimbursable services for that student.

     (d)  If the amount of Medicaid reimbursement funds received for services provided in the prior state fiscal year exceeds $25,000,000, in addition to the 50 percent of said funds paid to supervisory unions submitting Medicaid bills, 25 percent of the amounts in excess of the $25,000,000 shall be paid into an incentive fund hereby created in the department of education.  These funds shall be used for an incentive payment to supervisory unions with student participation rates of over 80 percent in accordance with a formula to be developed by the department of education, in consultation with the Vermont Superintendents Association.  For each fiscal year subsequent to fiscal year 2007, the $25,000.00 threshold of this subsection shall be increased by the most recent New England Economic Project cumulative price index, as of November 15, for state and local government purchases of goods and services from fiscal year 2005 through the fiscal year for which the payment is being determined, plus an additional one-tenth of one percent.

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

     (f)  Up to 20 percent shall be available for agency of human services and department of education administrative costs related to the collection, processing and reporting of education Medicaid reimbursements and statewide programs.  The commissioner shall expend monies from the fund only as appropriated by the general assembly.

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

Sec. 290.     S.310 of the 2006 session is further amended by striking out Sec. 30 in its entirety and inserting in lieu thereof a new Sec. 30 to read as follows:

Sec. 30.       APPROPRIATIONS AND FUNDING

(a)  In fiscal year 2007, the amount of $700,000.00 of the funds appropriated under Sec. 87 of H.881 (Fiscal Year 2007 General Appropriations Act) is allocated to the department of banking, insurance, securities, and health care administration for the pilot program authorized under 18 V.S.A. § 9417(e) and to contract for the development of the health information technology plan and other duties required by 18 V.S.A. § 9417.

(b)  For fiscal year 2007, the sum of $603,260.00 is appropriated from the general fund, and $369,740 from the Global Commitment fund, and $500,000.00 of grant funds received by the department of health from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration to the department of health for the coordinated healthy activity, motivation, and prevention programs to be used for community wellness grants awarded pursuant to 18 V.S.A. § 104b.   Notwithstanding subsection 104b(d) of Title 18, until such time as the grant committee is ready to award community wellness grants, and only for fiscal year 2007, the commissioner of health may use $200,000.00 of the funds appropriated to the department for community wellness grants to meet existing commitments in blueprint for health and other departmental community grant programs, and $50,000.00 to continue support for a chief nutritionist position. .  In fiscal year 2007, there is appropriated $152,260.00 of general funds and $217,440.00 federal funds to the agency of human services for the Global Commitment for Health Demonstration Waiver.

(c)  For fiscal year 2007, the sums of $84,000.00 from the general fund and $76,000.00 from the Global Commitment fund are appropriated to the department of health for development and implementation of the patient safety surveillance and improvement system established pursuant to 18 V.S.A. § 1912.  In addition, the department of health, with assistance from the department of banking, insurance, securities, and health care administration, shall collect and utilize for such purposes the sum of $40,000.00 to be contributed from hospitals licensed in Vermont.  In fiscal year 2007, there is appropriated $31,300.00 of general funds and $44,700.00 federal funds to the agency of human services for the Global Commitment for Health Demonstration Waiver.

(d)  In fiscal year 2007, the amount of $400,000.00 of the funds appropriated under Sec. 87 of H.881 (Fiscal Year 2007 General Appropriations Act) is allocated to the department of banking, insurance, securities, and health care administration for further development of the multi-payer database established by 18 V.S.A. § 9410(h), and the consumer price and quality information system.  

(e) In fiscal year 2007, the amount of $880,000.00 of the funds appropriated under Sec. 119 of H.881 (Fiscal Year 2007 General Appropriations Act) are allocated as follows: a total of $800,000.00 shall be deposited in the Vermont educational loan repayment fund established under Sec. 20 of this act and used for the purposes of loan repayment for health care providers and health care educators; and the amount of $80,000.00 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program and the nursing incentive loan program. 

(f)  The sum of $50,000.00 of funds appropriated in Sec. 118 of H.881 (Fiscal Year 2007 General Appropriations Act) is allocated to the commissioner of health for the advance directive registry established by 18 V.S.A. § 9719.

Sec. 291.     Sec. 43 of H.856 of the 2006 session is further amended as follows:

Sec. 43.       APPROPRIATIONS

     (a)(1)  The amount of $130,000.00 is appropriated from the general fund in fiscal year 2007 2006 to the University of Vermont to support implementation of “The Vermont Approach:  A Strategic Plan for Sexual Violence Prevention,” produced by the Vermont network against domestic and sexual violence, the Vermont department of health, and the anti-violence partnership at the University of Vermont.  The funds appropriated under this subsection shall be used to hire a coordinator and to support the statewide project safe choices program, with the goal of beginning a statewide, collaborative, comprehensive approach to ending sexual violence in our communities.

          (2)  The General Assembly encourages and authorizes the acceptance of contributions on a matching or any other basis from non-state sources for the purposes of this subsection, but the amount appropriated by this subsection is not conditioned on the receipt of such contributions.

     (b)(1)  The amount of $363,000.00 is appropriated in fiscal year 2007 from the general fund to the department of state’s attorneys to fund specialized investigative unit grants awarded by the specialized investigative unit grants board under section 1940 of Title 24.

          (2)  Any amounts appropriated by this section not expended in fiscal year 2007 shall not revert but shall be carried forward for expenditure for specialized investigative unit grants in fiscal year 2008.

     (c)(1)  $80,000.00 is appropriated from the general fund in fiscal year 2007 to the department of corrections for purposes of funding the pre-sentence investigations authorized by section 204a of Title 28.

          (2)  Notwithstanding any other provision of law, the unused balance of the $50,000.00 appropriation made to the department of corrections pursuant to Sec. 11 of No. 79 of the Acts of 2005 shall be used by the department of sheriff’s and state’s attorneys for the purpose of funding the psycho-sexual evaluations authorized by section 204a of Title 28.

          (3)  The appropriations under this subsection shall be used only for the purposes defined in this subsection, and any unexpended balance of this appropriation shall carry forward and not be reverted to the general fund.  The department of corrections shall include in its annual budget proposal for fiscal year 2007 and thereafter an allocation to fund these investigations.  The annual allocation shall be estimated based on the need for such investigations experienced in the current and previous two fiscal years.

     (d)  The department shall use $190,000.00 provided in Sec. 272 of H.881 is appropriated from the general fund for purposes of funding the global positioning system pilot program established by section 14 of this act. 

     (e)  $100,000.00 $50,000.00 is appropriated from the general fund to the judiciary for purposes of funding salary, benefits and operating expenses associated with the position of executive director of the Vermont sentencing commission created by subsection (a) of section 43 of this act.  This represents fiscal year 2007 funding assuming implementation in January 2007. 

     (f)  $5,000.00 $2,500.00 is appropriated from the general fund to the judiciary for purposes of funding the per diem compensation and reimbursement for expenses authorized by subsection 5451(f) of Title 13 for members of  the Vermont sentencing commission.  This represents fiscal year 2007 funding assuming implementation in January 2007. 

Sec. 292.     2  V.S.A. § 502 is amended to read:

§ 502.         Employees; rules; budget

     (a)  The joint fiscal committee shall meet immediately following the appointment of its membership to organize and conduct its business.  The joint fiscal committee shall adopt rules for the operation of its personnel.

     (b)  The joint fiscal committee shall employ such professional and secretarial staff as are required to carry out its functions and fix their compensation.

          (1) Chapter 13 of Title 3 shall not apply to employees of the joint fiscal committee unless this exception is partially or wholly waived by the joint fiscal committee.

          (2)  All requests for assistance, information and advice and all information received in connection with fiscal research or related drafting shall be confidential unless the party requesting or giving the information designates in the request that it is not confidential.  Documents, transcripts and minutes of committee meetings, including written testimony submitted to a committee, fiscal notes and summaries which have been released or approved for printing or introduction and material appearing in the journals or calendars of either house are official documents and shall not be confidential under this subsection.

     (c)  The joint fiscal committee shall prepare a budget.

Sec. 293.     Sec. 141a(j) of No. 122 of the Acts of 2004 is amended to read:

(j)  For purposes of this section, the state hospital future planning advisory group shall cease to exist on July 1, 2006 2011

Sec. 293a.   Sec. 141c(a) of No. 122 of the Acts of 2004 is amended to read: 

(a)  The mental health oversight committee is created to oversee the development and implementation of the secretary of human services’ strategic plan to develop alternatives for services currently provided by the Vermont state hospital and to ensure that consumers have access to a comprehensive and adequate continuum of care and Vermont has a financially sustainable department of developmental and mental health services designated agency provider system.  The committee shall be composed of one member from each of the house committees on health and welfare human services, institutions, and appropriations and a member-at-large to be appointed by the speaker of the house, not all from the same party, and one member from each of the senate committees on health and welfare, institutions, and appropriations and one member-at-large to be appointed by the committee on committees, not all from the same party. Initial appointments shall be made upon passage.

Sec. 293b.   Sec. 141c of No. 122 of the Acts of 2004 is amended to read:

Sec. 141c.   THE MENTAL HEALTH OVERSIGHT COMMITTEE

* * *

(h)  The mental health oversight committee shall provide a progress report to each of the committees represented thereon no later than January 15 of each year. 

(i)  The committee shall cease to exist on July 1, 2006 2011.

Sec. 294.     2 V.S.A. chapter 24 is added to read: 

CHAPTER 24.  HEALTH ACCESS OVERSIGHT COMMITTEE

§ 851.  CREATION OF COMMITTEE

(a)  A legislative health access oversight committee is created.  The committee shall be appointed biennially and consist of ten members:  five members of the house appointed by the speaker, not all from the same political party, and five members of the senate appointed by the senate committee on committees, not all from the same political party.  The house appointees shall include two members from the house committee on human services, two members from the house committee on health care, and one member from the house committee on appropriations.  The senate appointees shall include three members from the senate committee on health and welfare, one member from the senate committee on finance, and one member from the senate committee on appropriations. 

(b)  The committee may adopt rules of procedure to carry out its duties.

§ 852.  FUNCTIONS AND DUTIES

(a)  The health access oversight committee shall carry on a continuing review of the operation of the Medicaid program and all Medicaid waiver programs that may affect the administration and beneficiaries of these programs.

(b)  In conducting its review and in order to fulfill its duties, the committee shall consult the following:

(1)  Consumers and advocacy groups regarding their satisfaction and complaints.

(2)  Health care providers regarding their satisfaction and complaints.

(3)  The office of Vermont health access.  

(4)  The department of banking, insurance, securities, and health care administration.

(5)  The agency of human services.

(6)  The attorney general.

(7)  The health care ombudsman.

(8)  The Vermont program for quality in health care.

(9)  Any other person or entity as determined by the committee.

(c)  The committee shall work with, assist, and advise other committees of the general assembly, members of the executive branch, and the public on matters relating to the state Medicaid program and other state health care programs.  Annually, no later than January 15, the committee shall report to the governor and the general assembly.

§ 853.  MEETINGS AND STAFF SUPPORT

(a)  The committee may meet during a session of the general assembly at the call of the chair or by a majority of the members of the committee.  The committee may meet during adjournment subject to the approval of the speaker of the house and the president pro tempore of the senate.

(b)  For attendance at meetings which are held when the general assembly is not in session, the members of the committee shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided to members of standing committees under section 406 of this title.

(c)  The staff of the legislative council and the joint fiscal office shall provide professional and administrative support to the committee.  The department of banking, insurance, securities, and health care administration, the agency of human services, and other agencies of the state shall provide information, assistance, and support upon request of the committee.

Sec. 294a.  TRANSITIONAL PROVISIONS

(a)  On the effective date of this act, Sec. 13 of No. 14 of the Acts of 1995 (creation of health access oversight committee) is repealed.

Sec. 294b.  STATUTORY REVISION

(a)  The legislative council shall make technical revisions to the statutory citations and references to the health access oversight committee in the Vermont Statutes Annotated.


Sec. 295.  HEALTH CARE COMMISSION

     (a)  The health care commission is authorized to carry forward its fiscal year 2006 appropriation for fiscal year 2007 expenditures.  In fiscal year 2007 the commission shall carry out activities consistent with Sec. 277c of No. 71 of the Acts of 2005 including:

          (1)  research support for state efforts in health care reform and Medicaid program review; and

          (2)  activities in monitoring state health care information technology activities.

Sec. 295a.  Sec. 277d of No. 71 of the Acts of 2005 is amended to read:

Sec. 277d.  HEALTH CARE REFORM; ECONOMIC, FINANCING, AND ADMINISTRATIVE STUDIES

     (a)  In order to assess more fully the benefits and costs and to prepare and plan for the implementation of full and universal access to health care in Vermont, the commission on health care reform, in consultation with the department of banking, insurance, securities, and health care administration, shall direct that the following an economic impact, and financing, and governance studies be undertaken during the interim of the 2005 study be completed before the 2007 legislative session.  The commission shall direct its staff shall or carry out or contract for one or more consultants to undertake the economic impact and financing studies authorized by this section. The study shall:

          (1)  Review alternative ways of financing universal health care coverage based on either private insurance or a single payer, including employer assessments, payroll taxes, income taxes, premiums (either employment-based or independent of employment) or other revenue options;

          (2)  Identify macroeconomic consequences of choices in health care financing, such as changes in the number of employed individuals, the average wage, distribution of wages, rate of growth of gross state product, rate of growth of personal income, attractiveness of the state for relocating businesses, and the mix of employment types;

          (3)  Identify relationships between financing mechanisms and the macroeconomic consequences if quantifiable;

          (4)  Apply the policy analysis and indicators above to the specific health reform proposals considered in the 2006 legislative session.

     (1)  Economic impact study.  The economic impact study shall examine the impact of implementing a system of universal access to health care for Vermonters versus the effects of sustaining the current system impact on business and the labor force, the future growth of the economy and the economic competitiveness of Vermont, and the effects on residents and population groups and on current and potential insurers and providers of health care.

          (2)  Financing options.  The financing study shall examine the financing options that most effectively achieve the goal of universal access to health care and maintaining its affordability.  The study shall include examination of all financing options and their implications, including the income tax, a payroll tax, premiums or cost-sharing measures, consumption taxes, specific more limited taxes to support parts of the health care system’s financial needs, and other revenue sources including insurance risk pools and insurance assistance and incentives.

               (A)  The study shall reference the fact and supporting empirical evidence that many countries have achieved universal access and more affordable health care utilizing public financing as a tool to achieve this goal. The study shall consider the strengths and weaknesses of such public financing systems with respect to fairness and adequacy of funding, access to and quality of services.

               (B)  The study shall examine how implementation of any public financing options will be offset in corresponding reductions in premiums, other taxes, and individual cost-sharing contributions.

               (C)  The study shall examine how any proposed changes in financing or delivery of health care could affect benefits Vermonters currently receive through Vermont employers.

               (D)  The study shall address issues involved with federal law and taxation, including ERISA and other areas of preemption; technical proposals to exempt non-resident employees of Vermont businesses; a provision to ensure a soft landing for affected businesses and a recommendation as to the appropriate amount needed in a soft landing provision to mitigate negative effects on business; recommendations on the best method for unemployed individuals to contribute to the financing; a simplified structure based on employee numbers, employer payroll, or a combination for ease of administration and clarity; and the recommendations of the tax department. 

               (E)  The study shall analyze methods for recapturing insurance premiums as a result of any reductions in uncompensated care, such as the Dirigo model enacted in the state of Maine, any reductions in insurance premiums resulting from public financing, and for ensuring that all Vermonters contribute to the financing of health care’s fixed costs.

          (3)  Governance and administrative study.  The secretary of administration, in consultation with the office of Vermont health access, the department of banking, insurance, securities, and health care administration, and the agency of human services, shall examine and develop a plan for reorganizing their respective offices and functions to further full and universal access to health care in Vermont and the integration of the health care system. The recommendations shall include personnel, operations, and budgetary requirements and consider the most appropriate and efficient approach to integrating health care policy, planning, delivery, regulation, and defining clear lines of accountability within the health care system.  The study shall include also an examination of means to coordinate or integrate a universal health care system with the current workers’ compensation system and the feasibility and merits of authorizing the state to act as an insurer in pooling risk and providing benefits, including a common benefits plan, to participants of the health care purchasing pool.

     (b)  Reports, including findings and recommendations, from each the study required by this section shall be submitted to the general assembly not later than January 15, 2006 2007.

Sec. 295b.   AGENCY OF NATURAL RESOURCES REORGANIZATION

     (a)  No. 52 of the Acts of the 2005 Session is amended as follows:

          (1)  In Sec. 2, subsection (a), in the sentence that precedes subdivision (1), by striking the words “one year” and inserting in lieu thereof the words “two years”; and

          (2)  In Sec. 2, subdivision (b)(3), by striking the number “2006” and by inserting in lieu thereof the number “2007” .

Sec. 296.     TANF; STATE RESPONSE TO FEDERAL CHANGES; WORK GROUP

(a)  The temporary assistance for needy families (TANF) work group is created to review the changes in the federal law governing TANF, assess the impact on Vermont’s programs funded with TANF dollars, and to develop a recommendation for legislative action.  The work group’s recommendation shall be reported to the general assembly no later than January 15, 2007.

(b)  The work group shall be composed of:

(1)  one member from the house committee on human services and one member from the house committee on appropriations to be appointed by the speaker of the house;

(2)  one member from the senate committee on health and welfare and one member from the senate committee on appropriations to be appointed by the committee on committees;

(3)  the deputy commissioner of the department for children and families, economic services division or designee;

(4)  a representative from the Vermont low income advocacy council;

(5)  a representative from Vermont legal aid; and

(6)  other members as appointed by the chair of the work group. 

(c)  The work group shall elect a chair and vice chair and shall receive staff support from the legislative council’s office.  The work group is authorized to meet up to four times outside the legislative session to perform its functions under this section.  Members of the committee shall be entitled to compensation and reimbursement for expenses under section 406 of Title 2.

(d)  The agency of human services may form an advisory committee to gather input from a wide range of interested parties.  Input shall be provided to the work group to assist in the making of informed recommendations.

(e)  The secretary of human services, the legislative council, and the joint fiscal office shall provide staff support requested by the committee.

     (f)  The committee shall cease to exist upon adjournment of the first year of the 2007 legislative session.

* * * Global Commitment Changes * * *

Sec. 297.     Sec. 15 of No. 93 of 2006 is amended to read:

Sec. 15.       Sec. 100a of No. 71 of the Acts of 2005 is added to read:

Sec. 100a.   Global commitment

               Grants                                        581,266,091    581,153,591

          Source of funds

               General fund                              107,472,271    107,493,758

               Special funds                              121,812,584    121,812,584

               Tobacco fund                                 1,050,208        1,050,208

               Federal funds                             350,931,028    350,797,041

                   Total                                     581,266,091    581,153,591


Sec. 298.   Sec. 16b of No. 93 of 2006 is amended to read:

Sec. 16b.   HEALTH ACCESS TRUST FUND TRANSFER AND CLOSE OUT

   (a)  The sum of $15,000,000 $16,200,000 shall be reserved in the health access trust fund and transferred to the state health care resources fund established by § 1901d of Title 33 upon it creation on July 1, 2006.

* * *

Sec. 299.     Sec. 104a of No. 71of the Acts of 2005, as amended by Sec. 18 of No. 93 of 2006 is further amended to read:

Sec. 104a.   Office of Vermont health access-Medicaid program/global commitment

               Grants                                        390,373,943    390,373,943

          Source of funds

               Special funds                                40,236,201      43,687,277

               Global commitment fund             292,780,457    284,130,564

               Federal funds                               57,357,285      62,556,102

                   Total                                     390,373,943    390,373,943

* * *

Sec. 300.     Sec.  104f of No. 71 of the Acts of 2005, as amended by Sec. 21 of No. 93 of 2006 is further amended to read:

Sec. 104f.    Office of Vermont health access-programs-state-only funded

               Grants                                          15,784,183      14,523,206

          Source of funds

               Special funds                                13,696,013      12,435,036

               Global commitment fund                 2,088,170        2,088,170

                   Total                                       15,784,183      14,523,206

Sec. 301.     Sec. 110 of No. 71 of the Acts of 2005, as amended by Sec. 26 of No. 93 of 2006 is       further amended to read:

Sec. 110.     Health –community public health

               Personal services                          11,726,467      11,726,467

               Operating expenses                        2,109,748        2,109,748

               Grants                                          11,782,520      11,782,520

                   Total                                       25,618,735      25,618,735

          Source of funds

               General fund                                  2,674,760        2,224,760

               Special funds                                     477,110           477,110

               Global commitment fund                 2,934,318        3,384,318

               Federal funds                               19,380,047      19,380,047

               Interdepartmental transfer                  152,500           152,500

                   Total                                       25,618,735      25,618,735

Sec. 302.         Sec. 112 of No. 71 of the Acts of 2005, as amended by Sec. 28 of      No. 93 of 2006 is         further amended to read:

Sec. 112.     Health –mental health

               Personal services                            3,815,099        3,815,099

               Operating expenses                           677,476           677,476

               Grants                                        102,978,459    102,978,459

                   Total                                     107,471,034    107,471,034

          Source of funds

               General fund                                  2,561,975        2,725,438

               Special funds                                  2,618,692        2,618,692

               Global commitment fund               84,813,096      84,250,596

               Federal funds                               13,454,498      13,853,535

               Interdepartmental transfer               4,022,773        4,022,773

                   Total                                     107,471,034    107,471,034

* * *

Sec. 303.         Sec. 154 of No. 71 of the Acts of 2005, as amended by Sec. 49 of      No. 93 of 2006 is         further amended to read:

Sec. 154.     Education –finance and administration

               Personal services                            4,533,633        4,943,751

               Operating expenses                        1,377,940        1,511,607

               Grants                                          12,020,000      12,877,871

                   Total                                       17,931,573      19,333,229

          Source of funds

               General fund                                  3,126,523        3,126,523

               Special funds                                       63,697      13,798,473

               Global commitment fund                                            555,676

               Federal funds                                 2,008,235        1,643,618

               Interdepartmental transfer             12,733,118           208,939

                   Total                                       17,931,573      19,333,229

* * *


Sec.304.      Sec. 155 of No. 71 of the Acts of 2005, as amended by Sec. 50 of No. 93 of 2006 is further amended to read:

Sec. 155.     Education –education programs

               Personal services                          12,107,019      12,091,444

               Operating expenses                        1,981,112        1,987,020

               Grants                                        108,322,608    108,322,608

                   Total                                     122,410,739    122,401,072

          Source of funds

               General fund                                  7,172,083        7,172,083

               Transportation fund                           524,846           524,846

               Special funds                                  1,139,188        1,998,658

               Federal funds                             112,421,978    112,421,978

               Interdepartmental transfer               1,152,644           283,507

                   Total                                     122,410,739    122,401,072

Sec. 305.     Sec. 157 of No. 71 of the Acts of 2005 is amended to read:

Sec. 157.     Education –special education: formula grants

               Grants                                        116,120,000    116,120,000

          Source of funds

               Education fund                           116,120,000    115,996,845

               Global commitment fund                                            123,155

                   Total                                                             116,120,000

Sec. 306.         Sec. 168 of No. 71 of the Acts of 2005 is amended to read:

Sec. 168.     Education -Act117 cost containment

               Personal services                               969,605           969,605

               Operating expenses                           104,571           104,571

               Grants                                                 65,000             65,000

                    Total                                         1,139,176        1,139,176

          Source of funds

               Interdepartmental transfer               1,139,176                      0

               Special fund                                                           1,139,176

* * *

Sec. 307.     Sec. 307.  33 V.S.A. § 1901e is amended to read: 

§ 1901e.      GLOBAL COMMITMENT FUND

(a)  The global commitment fund is created in the treasury as a special fund. The fund shall consist of the revenues received by the treasurer as payment of the actuarially certified premium from the agency of human services to the managed care organization within the office of Vermont health access for the purpose of providing services under the global commitment to health care Global Commitment to Health waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

(b)  The monies in the fund shall be disbursed as allowed by appropriation of the general assembly, and shall be disbursed by the treasurer on warrants issued by the commissioner of finance and management, when authorized by the director of the office of Vermont health access and approved by the commissioner consistent with the interdepartmental agreements between the managed care organization within the office of Vermont health access and departments delivering eligible services under the waiver.  The office of Vermont health access may not modify an appropriation through an interdepartmental agreement or any other mechanism.  A department or agency authorized to spend monies from this fund under an interdepartmental agreement may spend monies appropriated as a base Medicaid expense for an allowable managed care organization investment under Term and Condition 40 of the Global Commitment for Health Medicaid Section 1115 waiver only after receiving approval from the agency of human services.

(c)  At the close of the fiscal year, the agency shall provide a detailed report to the joint fiscal committee which describes the managed care organization’s investments under Term and Condition 40 of the Global Commitment for Health Medicaid Section 1115 waiver, including the amount of the investment and the agency, department, or office authorized to make the investment.

Sec 308.      Sec. 308. 33 V.S.A. § 1901 is amended to read:

§ 1901.       ADMINISTRATION OF PROGRAM

(a)(1)  The commissioner secretary of human services or designee shall take appropriate action, including making of regulations rules, required to administer a medical assistance program under Title XIX (Medicaid) and Title XXI (SCHIP) of the Social Security Act.

(2)  The secretary or designee shall seek approval from the general assembly prior to applying for and implementing a waiver of Title XIX (Medicaid) or Title XXI (SCHIP) of the Social Security Act, an amendment to an existing waiver, or a new state option that would restrict eligibility or benefits pursuant to the Deficit Reduction Act of 2005.  Approval by the general assembly under this subdivision constitutes approval only for the changes which are scheduled for implementation.

(3)(A)  During the legislative session, the secretary or designee shall notify the house committee on human services and the senate committee on health and welfare when proposed rules are filed regarding changes to the medical assistance program under Title XIX or Title XXI of the Social Security Act or under an approved waiver.  Upon notification, the committees may request the secretary to seek recommendations from the committees prior to filing the final proposed rules with the joint legislative committee on administrative rules. 

(B)  Outside the legislative session, the secretary or designee shall notify the health access oversight committee when proposed rules are filed regarding changes to the medical assistance program under Title XIX or Title XXI of the Social Security Act or under an approved waiver.  Upon notification, the committee may request the secretary to seek recommendations from the committee prior to filing the final proposed rules with the joint legislative committee on administrative rules. 

(C)  Nothing in this subdivision (3) shall prohibit the agency from complying with the provisions of chapter 25 of Title 3.

(b)  The commissioner secretary may charge at the time of each enrollment, a monthly premium, not to exceed $20.00, in amounts set by the general assembly, to each individual 18 years or older who is eligible for enrollment in the health access program, as authorized by section 1972 1973 of this title, and as implemented by rules.  All premiums collected by the Vermont health access office agency of human services or designee for enrollment in the health access program shall be deposited in the Vermont health access trust fund, established by section 1972 of this title state health care resources fund established in section 1901d of this title.  Any co-payments, coinsurance, or other cost sharing to be charged shall also be authorized and set by the general assembly.

(c)  The commissioner secretary may charge a monthly premium of $10.00, in amounts set by the general assembly, per family for pregnant women and children eligible for medical assistance under sections 1902(a)(10)(A)(i)(III), (IV), (VI), and (VII) of Title XIX of the Social Security Act, whose family income exceeds 185 percent of the federal poverty level, as permitted under section 1902(r)(2) of that act.  Fees collected under this subsection shall be credited to a special fund the state health care resources fund established in section 1901d of this title and shall be available to the department agency to offset the costs of providing Medicaid services.  Any co‑payments, coinsurance, or other cost sharing to be charged shall also be authorized and set by the general assembly.

(d)(1)  To enable the state to manage public resources effectively while preserving and enhancing access to health care services in the state, the office of Vermont health access is authorized to serve as a publicly operated managed care organization (MCO).

(2)  To the extent permitted under federal law, the office of Vermont health access shall be exempt from any health maintenance organization (HMO) or MCO statutes in Vermont law and shall not be considered to be an HMO or MCO for purposes of state regulatory and reporting requirements.  The MCO shall comply with the federal rules governing managed care organizations in Part 438 of Chapter IV of Title 42 of the United States Code.  The Vermont rules on the primary care case management in the Medicaid program shall be amended to apply to the MCO except to the extent that the rules conflict with the federal rules.

(3)  The agency of human services and office of Vermont health access shall report to the health access oversight committee about implementation of Global Commitment in a manner and at a frequency to be determined by the committee.  Reporting shall, at a minimum, enable the tracking of expenditures by eligibility category, the type of care received, and to the extent possible allow historical comparison with expenditures under the previous Medicaid appropriation model (by department and program) and, if appropriate, with the amounts transferred by the department to the office of Vermont health access. Reporting shall include spending in comparison to any applicable budget neutrality standards.

(e)(1)  The department for children and families and the office of Vermont health access shall monitor and evaluate and report quarterly beginning July 1, 2005 on the disenrollment in each of the Medicaid or Medicaid waiver programs subject to premiums, including:

(A)  The number of beneficiaries receiving termination notices for failure to pay premiums;

(B)  The number of beneficiaries terminated from coverage as a result of failure to pay premiums as of the second business day of the month following the termination notice.  The number of beneficiaries terminated from coverage for nonpayment of premiums shall be reported by program and income level within each program; and

(C)  The number of beneficiaries terminated from coverage as a result of failure to pay premiums whose coverage is not restored three months after the termination notice.

(2)  The department and the office shall submit reports at the end of each quarter required by subdivision (1) of this subsection to the house and senate committees on appropriations, the senate committee on health and welfare, the house committee on human services, the health access oversight committee, and the Medicaid advisory board.


Sec. 309.     33 V.S.A. § 1901a is amended to read:

§ 1901a.      MEDICAID BUDGET

(a)  The general assembly shall approve each year a Medicaid budget.  The annual Medicaid budget shall include an annual financial plan, and a five-year financial plan accounting for expenditures and revenues relating to Medicaid and any other health care assistance program administered by the department of prevention, assistance, transition, and health access agency of human services.

(b)  The commissioner of prevention, assistance, transition, and health access secretary of human services or his or her designee and the commissioner of finance and management shall provide quarterly to the joint fiscal committee and the legislative council such information and analysis as the committee and the council reasonably determine is necessary to assist the general assembly in the preparation of the Medicaid budget.

Sec. 310.     33 V.S.A. § 1971(3) is amended to read:

(3)  “Office of Vermont health access” means the office of administering the Medicaid within program for the agency of human services and includes the managed care organization established in section 1901 of this title.

Sec. 311.     GLOBAL COMMITMENT APPROVAL

(a)  The Global Commitment for Health Medicaid waiver approval constituted approval for the funding mechanism specified in the federal Terms and Conditions, the managed care organization structure, and the limitations on eligibility and benefits.  The general assembly did not grant approval for the implementation of any changes in the eligibility or benefits in this approval, including any waiver of amount, duration, and scope requirements or the provision of early periodic screening, diagnosis, and treatment services for children.

Sec. 312.     SUNSET

(a)  Upon the expiration of the Global Commitment for Health Medicaid waiver approved under Section 1115 of the Social Security Act or any extensions of this waiver, subsection 1901(d) of Title 33 shall be repealed.

* * * State Health Care Resources and Global Commitment Funds * * *

Sec. 313.     33 V.S.A. § 1956 is amended to read:

§ 1956.       PROCEEDS FROM ASSESSMENTS

The health care trust fund established in the state treasury is abolished. All remaining assets in the health care trust fund shall be deposited in the Vermont health access trust fund established by section 1972 of this title.  All assessments, including late-payment assessments, from health care providers under this subchapter shall be deposited in the Vermont health access trust state health care resources fund established in section 1972 1901d of this title. No provision of this subchapter shall permit the state to reduce the level of state funds expended on the nursing home Medicaid program in any fiscal year below the level expended in fiscal year 1991 from the general fund for the nursing home Medicaid program.

Sec. 314.     32 V.S.A. § 7823 is amended to read:

§ 7823.       DEPOSIT OF REVENUE

The revenue generated by the taxes imposed under this chapter shall be credited to the Vermont health access trust state health care resources fund established by subchapter 3 of chapter 19 section 1901d of Title 33.

Sec. 315.     32 V.S.A. § 305a is amended to read:

§ 305a.        OFFICIAL STATE REVENUE ESTIMATE

(a)  On or about January 15 and on or about July 15 of each year, and at such other times as the emergency board or the governor deems proper, the joint fiscal office and the secretary of administration shall provide to the emergency board their respective estimates of state revenues in the general, transportation, education, and health access trust state health care resources, and Global Commitment funds.  The January revenue estimate shall be for the current and next two succeeding fiscal years, and the July revenue estimate shall be for the current and immediately succeeding fiscal years.  Federal fund estimates shall be provided at the same times for the current fiscal year. 

(b)  Within 10 days of receipt of such estimates, the board shall determine an official state revenue estimate for deposit in the respective funds for the years covered by the estimates.  For the purpose of revising an official revenue estimate only, a majority of the legislative members of the emergency board may convene a meeting of the board. 

(c)  The health access trust fund estimate estimates shall include estimated caseloads and estimated per member per month expenditures for the current and next succeeding fiscal years for each population category eligible Medicaid enrollment group as required by the Centers for Medicare and Medicaid Services for state health care assistance programs supported by the fund state health care resources and Global Commitment funds, for Vermont Rx, and for the programs under the Choices for Care Medicaid Section 1115 waiver.  For VPharm, the estimates shall include estimated caseloads and estimated per member per month expenditures for the current and next succeeding fiscal years by income category.  The estimates shall include the expenditures for the current and next succeeding fiscal years for the Medicare Part D phased-down state contribution payment and for the disproportionate share hospital payments.

Sec. 316.     33 V.S.A. § 1901b(b)(3) is amended to read:

(3)  The department's determinations under subdivisions (1) and (2) shall be based on the information and projections reported monthly under subsection (a) of this section, and on the official revenue estimates for the Vermont health access trust fund under section 305a of Title 32.  An enrollment cessation plan shall be deemed approved unless the joint fiscal committee disapproves the plan after 21 days notice of the department's recommendation and financial analysis.

Sec. 317.     33 V.S.A. § 1901b(c)(2) is amended to read:

(2)  The department's determination under subdivision (1) of this subsection shall be based on the information and projections reported monthly under subsection (a), and on the official revenue estimates for the Vermont health access trust fund under section 305a of Title 32.  An enrollment renewal plan shall be deemed approved unless the joint fiscal committee disapproves the plan after 21 days notice of the department's recommendation and financial analysis.

Sec. 318.     33 V.S.A. § 1951(4) is amended to read:

(4)  "Fund" means the Vermont health access trust state health care resources fund consisting in part of assessments from health care providers under this subchapter.

Sec. 319.     Subchapter 3 of chapter 19 of Title 33 is amended to read:

Subchapter 3.  Vermont Health Access Trust Fund Plan

Sec. 320.     INTENT; APPLICATION

(a)  The purpose of Secs. 308 ─ 319 of this act is to make amendments to conform the Vermont Statutes Annotated with the changes to the Medicaid program pursuant to No. 93 of the Acts of 2006.  Nothing in these sections of this act is intended to undo or supersede any other act of the 2006 general assembly.  Likewise, any act of the general assembly which fails to amend a section of the Vermont Statutes Annotated which is amended by these sections of this act shall not be intended to supersede this act.

Sec. 321.  EFFECTIVE DATE

(a)  This section and Secs. 17(a),50, 61(a) 63(a), 68a, 89(b), 115b, 122(b), 124, 160, 169(a), 177a, 215(a), 270, 271, 271a, 271b, 272, 276b, 289, 290, 291, 293, 293b, 295, 295a, 295b, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, and 320 of this act shall take effect on passage.

And by renumbering all of the sections of the bill to be numerically correct (including internal references) and adjusting all of the totals to be arithmetically correct.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Consideration Postponed

H. 211.

House bill entitled:

An act relating to regulating emissions from diesel-powered commercial motor vehicles.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until the next legislative day.

Third Readings Ordered

H. 791.

Senator Illuzzi, for the Committee on Appropriations, to which was referred House bill entitled:

An act relating to allocation of funds from the solid waste management assistance account of the waste management assistance fund to the environmental contingency fund.

Reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

H. 887.

Senator Kitchel, for the Committee on Government Operations, to which was referred House bill entitled:

An act relating to group D participation in the state employees’ defined contribution plan.

Reported that the bill ought to pass in concurrence.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered.

Proposal of Amendment; Third Reading Ordered

H. 294.

Senator Snelling, for the Committee on Natural Resources and Energy, to which was referred House bill entitled:

An act relating to groundwater management.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  10 V.S.A. chapter 48, subchapter 5 is added to read:

Subchapter 5.  Interim Groundwater Withdrawal Permit

§ 1415.  INTERIM GROUNDWATER WITHDRAWAL PERMIT

(a)  As used in this section:

(1)  “Groundwater” means water below the land surface.

(2)  "Person" means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the state of Vermont or any department, agency, subdivision, or municipality, the United States government or any department, agency, or subdivision, or any other legal or commercial entity.

(3)  “Withdraw” means the removal of groundwater by any method or instrument.

(b)  No person shall withdraw more than 50,000 gallons of groundwater a day from a well drilled after July 1, 2006, for commercial or industrial purposes without first receiving from the secretary of natural resources an interim groundwater withdrawal permit under this section.  Prior to issuance of a permit under this section:

(1)  The secretary shall determine that such withdrawal meets the applicable requirements of section 1675 of this title and any applicable rules adopted thereunder or the requirements adopted pursuant to subsection (e) of this section; and

(2)  the applicant shall submit to the Vermont state geologist and the department of environmental conservation a geologic cross section and groundwater contour map of an area, the size of which shall be in conformance with appendix A, part 3, subsection 3.3.5.2 of the Vermont water supply rule, surrounding the proposed source of the groundwater withdrawal..

(c)  Groundwater withdrawal by a public water system, as that term is defined in section 1671 of this title, or for use for fire safety, agriculture, agricultural or dairy processing, dewatering operations during building construction, geothermal energy production, or public sanitation shall be exempt from the requirements of this section.

(d)  A permit issued under this section shall be valid for the period of time specified in the permit but not more than five years.

(e)  The secretary of natural resources may adopt rules to implement the provisions of this section and to establish criteria for the issuance of a permit under section 1675 of this title for commercial or industrial groundwater withdrawals from a well drilled after July 1, 2006.

Sec. 2.  10 V.S.A. § 1675(g) is added to read:

(g)(1)  Effective July 1, 2006, a public water system applying for a permit under this section for the bottling of more than 50,000 gallons of drinking water a day from a single source for public distribution and sale shall, in addition to complying with the requirements of this chapter and any rules adopted thereunder, submit to the Vermont state geologist and the department of environmental conservation a geologic cross section and groundwater contour map of an area, the size of which shall be in conformance with appendix A, part 3, subsection 3.3.5.2 of the Vermont water supply rule, surrounding the proposed source.

(2)  The requirements of subdivision (1) of this subsection shall apply to a public water system permitted under this section when the system proposes to expand the bottling of drinking water from a single source such that the total gallons of water bottled from the single source would exceed 50,000 gallons a day.

Sec. 3.  STUDY OF GROUNDWATER REGULATION AND FUNDING

(a)  A committee is established to examine potential regulatory programs to protect the groundwater resources of the state.  The committee shall issue a preliminary report of its findings to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture by January 15, 2007.  The committee shall issue a final report of its findings to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture by January 15, 2008.  The final report shall include:

(1)  A recommendation from the committee as to whether the groundwater resources of the state of Vermont should be declared a public trust resource.

(2)  An analysis of the regulatory implications of declaring the groundwater of the state to be a public trust resource if the committee so recommends under subdivision (1) of this subsection.

(3)  A proposed schedule for the groundwater mapping of the state by the agency of natural resources.

(4)  A proposed appropriation to the agency of natural resources for the groundwater mapping of the state, including any proposed new or existing revenue sources that may be used by the agency to aid in funding the groundwater mapping.

(5)  Proposed legislation for the regulation of groundwater withdrawal in the state, addressing:

(A)  The type of groundwater withdrawals subject to regulation;

(B)  A threshold amount or amounts of groundwater withdrawal subject to regulation;

(C)  Groundwater users exempt from regulation;

(D)  The regulation of interbasin groundwater transfers;

(E)  The fee to be charged for regulated groundwater withdrawal;

(F)  Monitoring, reporting, or recordkeeping requirements for regulated groundwater withdrawal; and

(G)  Any other issues deemed relevant by the committee.

(b)  The committee shall consist of the following members:

(1)  the secretary of natural resources or his or her designee;

(2)  the state geologist or his or her designee;

(3)  the secretary of agriculture, food and markets or his or her designee;

(4)  one member each from the house committees on agriculture and on fish, wildlife and water resources and the senate committees on agriculture and on natural resources and energy as appointed respectively by the speaker of the house and the committee on committees;

(5)  a representative appointed by the governor from each of the following:  the business community, municipalities, a local environmental organization, a regional or statewide environmental organization, and the general public;

(6)  two representatives of the agricultural community appointed by the governor.

(c)  The committee may elect a chair and a vice chair and may hold public hearings.  Legislative council shall provide support for the committee.

(d)  All members of the committee shall serve on the committee for the duration of the study unless circumstances dictate a permanent replacement.  Vacancies shall be appointed in the same manner as original appointments.

Sec. 4.  GROUNDWATER MAPPING

The agency of natural resources shall explore all available alternatives for the immediate initiation of groundwater mapping in the state, including working in cooperation with the U.S. Geologic Survey and obtaining the necessary funding from the U.S. Environmental Protection Agency.  The agency shall report its findings to the house committee on fish, wildlife and water resources, the senate committee on natural resources and energy, and the house and senate committees on agriculture by January 15, 2007.

Sec. 5.  AGENCY OF NATURAL RESOURCES GROUNDWATER REPORT

On or before January 15, 2008, the agency of natural resources shall submit a report to the senate committee on natural resources and energy and the house committee on fish, wildlife and water resources regarding the status of the agency’s efforts to collect and analyze information regarding the groundwater resources of the state.  The report shall include:

(1)  An analysis by the agency of natural resources of whether the withdrawal of groundwater or bottling of drinking water in certain geographic areas of the state has impacted the use or quality of groundwater or surface water for domestic drinking water or other purposes;

(2)  A listing of any areas identified under subdivision (1) of this section, a summary of how the agency of natural resources responded to groundwater or surface water shortages in those areas, and agency recommendations on how to avoid similar impact areas in the future;

(3)  A compilation of groundwater supply information included in the well completion or closure reports submitted to the agency of natural resources in the last 15 years by licensed well drillers;

(4)  The amount of drinking water approved for bottling per day from each source in the state permitted under 10 V.S.A. § 1675 for use by a bottled water facility;

(5)  Any groundwater mapping completed by the agency; and

(6)  Any other information deemed relevant by the agency.

Sec. 6.  10 V.S.A. § 8003(a)(6) is amended to read:

(6)  10 V.S.A. chapter 48, relating to well drillers and groundwater withdrawal;

Sec. 7.  SUNSET

10 V.S.A. chapter 48, subchapter 5 (interim groundwater withdrawal permit) is repealed July 1, 2011.

And that the bill ought to pass in concurrence with such proposal of amendment.

Senator Snelling, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Natural Resources and Energy with the following amendment thereto:

In Sec. 3 by inserting a new subsection (e) to read as follows:

(e) legislative members are entitled to per diem payment and reimbursement for expenses pursuant to 2 V.S.A. § 406.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of proposal of amendment of the Committee on Natural Resources and Energy was amended as recommended by the Committee on Appropriations.

Thereupon, the proposal of amendment recommended by the Committee on Natural Resources and Energy, as amended, was agreed to and third reading of the bill was ordered.

Proposal of Amendment; Third Reading Ordered

H. 373.

Senator Campbell, for the Committee on Judiciary, to which was referred House bill entitled:

An act relating to stalking.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:


Sec. 1.  12 V.S.A. chapter 178 is added to read:

Chapter 178.  Orders Against Stalking

or Sexual Assault

§ 5131.  DEFINITIONS

As used in this subchapter:

(1)  “Course of conduct” means a pattern of conduct composed of two or more acts over a period of time, however short, evidencing a continuity of purpose.  Constitutionally protected activity is not included within the meaning of “course of conduct.”

(2)  “Following” means maintaining over a period of time a visual or physical proximity to another person in such manner as would cause a reasonable person to have fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death.

(3)  “Lying in wait” means hiding or being concealed for the purpose of attacking or harming another person.

(4)  “Nonphysical contact” includes telephone calls, mail, e‑mail or other electronic communication, fax, and written notes. 

(5)  “Sexually assaulted the plaintiff” means that the defendant engaged in conduct that meets elements of lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, or aggravated sexual assault as defined in 13 V.S.A. § 3253, and that the plaintiff was the victim of the offense.

(6)  “Stalk” means to engage in a course of conduct which consists of following or lying in wait for a person, or threatening behavior directed at a specific person or a member of the person’s family, and:

(A)  serves no legitimate purpose; and

(B)  would cause a reasonable person to fear for his or her safety or would cause a reasonable person substantial emotional distress.

(7)  “Stay away” means to refrain from knowingly:

(A)  initiating or maintaining a physical presence near the plaintiff;

(B)  engaging in nonphysical contact with the plaintiff directly or indirectly;

(C)  engaging in nonphysical contact with the plaintiff through third parties who may or may not know of the order.

(8)  “Threatening behavior” means acts which would cause a reasonable person to fear unlawful sexual conduct, unlawful restraint, bodily injury, or death, including verbal threats, written, telephonic, or other electronically communicated threats, vandalism, or physical contact without consent.

§ 5132.  JURISDICTION AND VENUE

(a)  The superior court shall have jurisdiction over proceedings under this chapter.

(b)  Proceedings under this chapter may be commenced in the county in which the plaintiff resides.  If the plaintiff has left his or her residence to avoid being stalked or sexually assaulted, the plaintiff shall have the option to bring an action in the county of the previous residence or the county of the new residence.

§ 5133.  REQUESTS FOR AN ORDER AGAINST STALKING OR SEXUAL ASSAULT

(a)  A person, other than a family or household member as defined in 15 V.S.A. § 1101(2), may seek an order against stalking or sexual assault on behalf of him or herself or his or her children by filing a complaint under this chapter.  The plaintiff shall submit an affidavit in support of the order.

(b)  Except as provided in section 5134 of this title, the court shall grant the order only after notice to the defendant and a hearing.  The plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant stalked or sexually assaulted the plaintiff.

(c)  In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation of the plaintiff’s sexual conduct shall be admitted.  Evidence of prior sexual conduct of the plaintiff shall not be admitted; provided, however, where it bears on the credibility of the plaintiff or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(1)  Evidence of the plaintiff’s past sexual conduct with the defendant.

(2)  Evidence of specific instances of the plaintiff’s sexual conduct showing the source of origin of semen, pregnancy, or disease.

(3)  Evidence of specific instances of the plaintiff’s past false allegations of violations of chapter 59 or 72 of Title 13.

(d)  If the court finds that the defendant has stalked or sexually assaulted the plaintiff, the court shall order the defendant to stay away from the plaintiff or the plaintiff’s children, or both, and may make any other such order it deems necessary to protect the plaintiff or the plaintiff’s children, or both.

(e)  Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff or the plaintiff’s children, or both.  It is not necessary for the court to find that the defendant stalked or sexually assault the plaintiff during the pendency of the order to extend the terms of the order.  The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstance.

(f)  No filing fee shall be required.

(g)  Every order under this chapter shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge.

(h)  Form complaints and form orders for an “Order Against Stalking or Sexual Assault” shall be provided by the court administrator and shall be maintained by the clerks of the courts.

(i)  When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.

(j)  Every final order issued under this section shall bear the following language:  “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(k)  Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.” § 5134.  EMERGENCY RELIEF

(a)  In accordance with the Vermont Rules of Civil Procedure, a person other than a family or household member as defined in 15 V.S.A. § 1001(2) may file a complaint for a temporary order against stalking or sexual assault.  Such complaint shall be filed during regular court hours.  The plaintiff shall submit an affidavit in support of the order.  The court may issue a temporary order under this chapter ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has stalked or sexually assaulted the plaintiff.  An order may be granted requiring the defendant to refrain from stalking or sexually assaulting the plaintiff and to refrain from interfering with the plaintiff’s personal liberty.

(b)  Every order issued under this section shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order and shall be signed by the judge.  Every order issued under this section shall state upon its face a date, time, and place that the defendant may appear to petition the court for modification or discharge of the order.  This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 10 days from the date of issuance of the order.  At such hearings, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant stalked or sexually assaulted the plaintiff.  If the court finds that the plaintiff has met his or her burden, it shall continue the order in effect and make such other orders as it deems necessary to protect the plaintiff or the plaintiff’s children, or both.

(c)  Form complaints and form orders shall be provided by the court administrator and shall be maintained by the clerks of the courts.

(d)  Every order issued under this chapter shall bear the following language:  “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(e)  Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.” § 5135.  SERVICE

(a)  A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer.  Orders against stalking or sexual assault shall be served at the earliest possible time and shall take precedence over other summonses and orders, with the exception of abuse prevention orders issued pursuant to chapter 21 of Title 15.  Orders shall be served in a manner calculated to ensure the safety of the plaintiff.  Methods of service which include advance notification to the defendant shall not be used.  The person making service shall file a return of service with the court stating the date, time, and place that the order was delivered personally to the defendant.

(b)  If service of a notice of hearing issued under section 5133 or 5134 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. § 5136.  PROCEDURE

(a)  Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules of Civil Procedure and shall be in addition to any other available civil or criminal remedies.

(b)  The court administrator is authorized to contract with public or private agencies to assist plaintiffs to seek relief and to gain access to superior court.  Law enforcement agencies shall assist in carrying out the intent of this section.

(c)  The office of the court administrator shall ensure that the superior court and the district court have procedures in place so that the contents of orders and pendency of other proceedings can be known to both courts for cases in which an order against stalking or sexual assault proceeding is related to a criminal proceeding.

§ 5137.  FILING ORDERS WITH LAW ENFORCEMENT PERSONNEL; DEPARTMENT OF PUBLIC SAFETY PROTECTION ORDER DATABASE

(a)  Police departments, sheriff’s departments, and state police district offices shall establish procedures for filing notice against stalking or sexual assault orders issued under this chapter and for making their personnel aware of the existence and contents of such orders.

(b)  Any court in this state that issues a notice against stalking or sexual assault order under this chapter shall transmit a copy of the order to the department of public safety’s protection order database.

§ 5138.  ENFORCEMENT

(a)  Law enforcement officers are authorized to enforce orders issued under this chapter.  A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this state and shall be enforced as if it were an order of this state.  Law enforcement officers may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order.  Enforcement may include, but is not limited to, making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure.

(b)  In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as a criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure.  The prosecution for criminal contempt may be initiated by the state’s attorney in district or superior court in the unit or county in which the violation occurred.  The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both.  A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken.  After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a protection order after such initial adjudication.

Sec. 2.  13 V.S.A. § 1030 is amended to read:

§ 1030.  VIOLATION OF ABUSE PREVENTION ORDER OR AN ORDER AGAINST STALKING OR SEXUAL ASSAULT

(a)  A person who commits an act prohibited by a court or who fails to perform an act ordered by a court in violation of an abuse prevention order issued under chapter 21 of Title 15 or chapter 69 of Title 33, or an order against stalking or sexual assault issued under chapter 178 of Title 12, after the person has been served notice of the contents of the order as provided in those chapters; or a foreign abuse prevention order issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; shall be imprisoned not more than one year or fined not more than $5,000.00, or both.

(b)  A person who is convicted of a second or subsequent offense under this section shall be imprisoned not more than three years or fined not more than $25,000.00, or both.

(c)  Upon conviction under this section for a violation of an order issued under chapter 21 of Title 15, the court shall, unless the circumstances indicate that it is not appropriate or not available, order the defendant to participate in domestic abuse counseling or a domestic abuse program approved by the department of corrections.  The defendant may at any time request the court to approve an alternative program.  The defendant shall pay all or part of the costs of the counseling or program unless the court finds that the defendant is unable to do so.

(d)  Upon conviction for a violation of an order issued under chapter 178 of Title 12, the court may order the defendant to participate in mental health counseling or sex offender treatment approved by the department of corrections.  The defendant shall pay all or part of the costs of the counseling unless the court finds that the defendant is unable to do so.

(d)(e)  Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings.

(e)(f)  Prosecution for violation of an abuse prevention order or an order against stalking or sexual assault shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the abuse prevention order.

Sec. 3.  15 V.S.A. § 1101 is amended to read:

§ 1101.  DEFINITIONS

The following words as used in this chapter shall have the following meanings:

* * *

(1)  “Abuse” means the occurrence of one or more of the following acts between family or household members:

(A)  attempting Attempting to cause or causing physical harm;.

(B)  placing Placing another in fear of imminent serious physical harm;.

(C)  abuse Abuse to children as defined in subchapter 2 of chapter 49 of Title 33.

(D)  Stalking as defined in 13 V.S.A. § 106.

(E)  Sexual assault as defined in 13 V.S.A. § 3252.

* * *

(3)  A “foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Family Court Rules or, chapter 69 of Title 33, or chapter 178 of Title 12.

* * *

Sec. 4.  15 V.S.A. § 1103 is amended to read:

§ 1103.  REQUESTS FOR RELIEF

(a)  Any family or household member may seek relief from abuse by another family or household member on behalf of him or herself or his or her children by filing a complaint under this chapter.  The plaintiff shall submit an affidavit in support of the order.

* * *

(c)  If the court finds that the defendant has abused the plaintiff and that there is a danger of further abuse, the court shall make such orders as it deems necessary to protect the plaintiff, the children, or both, which may include the following:

* * *

(6)  if the court finds that the defendant has a duty to support the child or children, a temporary order of child support pursuant to chapter 5 of this title, for a period not to exceed three months.  A support order granted under this section may be extended if the relief from abuse proceeding is consolidated with an action for legal separation, divorce, or parentage;

(7)  an order concerning the care, custody, or control of any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household.  

(d)  In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation of the plaintiff’s sexual conduct shall be admitted.  Evidence of prior sexual conduct of the plaintiff shall not be admitted; provided, however, where it bears on the credibility of the plaintiff or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(1)  Evidence of the plaintiff’s past sexual conduct with the defendant.

(2)  Evidence of specific instances of the plaintiff’s sexual conduct showing the source of origin of semen, pregnancy, or disease.

(3)  Evidence of specific instances of the plaintiff’s past false allegations of violations of chapter 59 or 72 of Title 13.

(e)  Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff, the children, or both, from abuse.  It is not necessary for the court to find that abuse has occurred during the pendency of the order to extend the terms of the order.  The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstance.

(e)(f)  No filing fee shall be required.

(f)(g)  Every order under this chapter shall contain the name of the court, the names of the parties, the date of the petition, the date and time of the order, and shall be signed by the judge.

(g)(h)  Form complaints and form orders shall be provided by the court administrator and shall be maintained by the clerks of the courts.

(h)(i)  When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.

(i)(j)  Every final order issued under this section shall bear the following language:  “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”

(k)  Affidavit forms required pursuant to this section shall bear the following language:  “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”

Sec. 5.  15 V.S.A. § 1104 is amended to read:

§ 1104.  Emergency relief

(a)  In accordance with the rules of civil procedure, temporary orders under this chapter may be issued ex parte, without notice to defendant, upon motion and findings by the court that defendant has abused plaintiff, his or her children, or both.  The plaintiff shall submit an affidavit in support of the order. Relief under this section shall be limited as follows:

(1)  upon a finding that there is an immediate danger of further abuse, an order may be granted requiring the defendant:

(A)  to refrain from abusing the plaintiff, his or her children, or, both, or from cruelly treating as defined in 13 V.S.A. § 352 or 352a any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household; and

* * *

(e)  Affidavit forms required pursuant to this section shall bear the following language: “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”

Sec. 6.  15 V.S.A. § 1105 is amended to read:

§ 1105.  SERVICE

(a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the rules of civil procedure and may be served by any sheriff, deputy sheriff, or any municipal or state police law enforcement officer.  Abuse orders shall be served at the earliest possible time and shall take precedence over other summonses and orders.  Orders shall be served in a manner calculated to insure the safety of the plaintiff.  Methods of service which include advance notification to the defendant shall not be used. The person making service shall file a return of service with the court stating the date, time and place at which the order was delivered personally to the defendant.

* * *

Sec. 7.  15 V.S.A. § 1107 is amended to read:

§ 1107.  FILING ORDERS WITH LAW ENFORCEMENT PERSONNEL; DEPARTMENT OF PUBLIC SAFETY RELIEF FROM ABUSE PROTECTION ORDER DATABASE

(a)  Police departments, sheriff’s departments and state police district offices shall establish procedures for filing abuse prevention orders issued under this chapter, chapter 69 of Title 33, chapter 178 of Title 12, and foreign abuse prevention orders and for making their personnel aware of the existence and contents of such orders.

(b)  Any court in this state that issues an abuse prevention order under section 1104 or 1103 of this chapter, or that files a foreign abuse prevention order in accordance with subsection 1108(d) of this chapter, shall transmit a copy of the order to the department of public safety relief from abuse protection order database.

Sec. 8.  33 V.S.A. § 6939 is amended to read:

§ 6939.  FILING ORDERS WITH LAW ENFORCEMENT PERSONNEL; DEPARTMENT OF PUBLIC SAFETY PROTECTION ORDER DATABASE

(a)  Police departments, sheriff’s departments and state police district offices shall establish procedures for filing orders issued under this subchapter and for making personnel aware of the existence and contents of such orders.

(b)  Any court in this state that issues an order under this subchapter shall transmit a copy of the order to the department of public safety protective order database.

Sec. 9.  REPORT FROM COURT ADMINISTRATOR

The court administrator shall report to the senate and house committees on judiciary on or before January 15, 2009 on the number of orders issued pursuant to this act and the implementation and administration of the provisions of the act concerning orders against stalking and sexual assault.

Sec. 10.  13 V.S.A. § 7554(a)(3) is amended to read:

(3)  A judicial officer may order that a defendant not harass or contact or cause to be harassed or contacted a victim or potential witness.  This order shall take effect immediately, regardless of whether the defendant is incarcerated or released. 


Sec. 11.  STUDY

(a)  A study committee is hereby established for the purpose of reviewing and addressing the rights of victims under current law to facilitate better enforcement of such rights and to consider specially the following issues:

(1)  scheduling and continuances of court hearings as they relate to victims;

(2)  the victim’s input with plea agreements and sentencing recommendations;

(3)  victim notification by the department of corrections and the parole board; and

(4)  the role of the victim at parole board hearings.

(b)  The committee shall consist of the following 15 members:

(1)  the executive director of the Vermont center for crime victim services or his or her designee;

(2)  the coordinator of the network against domestic and sexual violence or his or her designee;

(3)  two victims/survivors of crime who are members of the Vermont victim/survivor of crime council;

(4)  a representative of the prisoner’s rights office;

(5)  a representative of the Vermont chapter of the American Civil Liberties Union;

(6)  a defense attorney appointed by the Vermont bar association;

(7)  the attorney general or his or her designee;

(8)  the executive director of the department of state’s attorneys and sheriffs or his or her designee;

(9)  the court administrator or his or her designee;

(10)  the defender general or his or her designee;

(11)  the commissioner of public safety or his or her designee;

(12)  the commissioner of the department of corrections or his or her designee;

(13)  the chair of the Vermont parole board; and

(14)  an attorney appointed by the Vermont bar association.

(c)  In its deliberations, the committee shall consult with the governor’s criminal justice cabinet, as needed.

(d)  The committee shall have the assistance and cooperation of all state and local agencies and departments.  The center for crime victim services shall provide professional and administrative support for the committee.

(e)  The at-large members and victims/survivors of crime shall be entitled to per diem compensation and reimbursement for expenses in the same manner as legislative members, provided they are not state employees, through the center for crime victim services.

(f)  The committee shall present its findings and recommendations, including proposals for legislative action, to the general assembly no later than January 15, 2007.

The Committee further recommends that after passage of the bill the title be amended to read as follows:

     AN ACT RELATING TO ORDERS AGAINST STALKING OR SEXUAL ASSAULT.

And that the bill ought to pass in concurrence with such proposal of amendment.

Senator Sears, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Judiciary with the following amendment thereto:

In Sec. 11 by striking out subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:

(e)  The two victims/survivors of crime shall be entitled to per diem compensation and reimbursement for expenses provided in 32 V.S.A. § 1010 provided they are not state employees, through the center for crime victim services.

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, and the recommendation of proposal of amendment of the Committee on Judiciary was amended as recommended by the Committee on Appropriations.

Thereupon, the proposal of amendment recommended by the Committee on Judiciary, as amended, was agreed to and third reading of the bill was ordered.


Proposals of Amendment; Third Reading Ordered

H. 817.

Senator Kittell, for the Committee on Natural Resources and Energy, to which was referred House bill entitled:

An act relating to stormwater management.

Reported recommending that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 2, 10 V.S.A. § 1264(a)(18), by striking out the words “natural and” where they appear after the words “surface drains,” and before the words manmade wetlands

Second:  By adding two new sections to be numbered Secs. 5a and 5b to read as follows:

Sec. 5a.  10 V.S.A. § 1278 is added to read:

§ 1278.  OPERATION, MANAGEMENT, AND EMERGENCY RESPONSE PLANS FOR POLLUTION ABATEMENT FACILITIES

(a)  Findings.  The general assembly finds that the state shall protect Vermont’s lakes, rivers, and streams from pollution by implementing programs to prevent sewage spills to Vermont waters and by requiring emergency planning to limit the damage from spills which do occur.

(b)  Planning requirement.  Effective July 1, 2007, the secretary of natural resources shall, upon renewal of a permit issued under section 1263 of this title, require a pollution abatement facility, as that term is defined in section 1571 of this title, to prepare and implement an operation, management, and emergency response plan for each permitted facility.  An operation, management, and emergency response plan shall include the following:

(1)  Identification of those elements of the facility, including collection systems that are determined to be prone to failure based on installation, age, design, or other relevant factors. 

(2)  Identification of those elements of the facility identified under subdivision (1) of this subsection which, if one or more failed, would result in a significant release of untreated or partially treated sewage to surface waters of the state.

(3)  A requirement that the elements identified in subdivision (2) of this subsection shall be inspected in accordance with a schedule approved by the secretary of natural resources.

(4)  An emergency contingency plan to reduce the volume of a detected spill and to mitigate the effect of such a spill on public health and the environment.

(c)  The secretary of natural resources shall post publicly notice of an illegal discharge that may pose a threat to human health or the environment on its website within 24 hours of the agency’s receipt of notification of the discharge.

(d)  Rulemaking.  The secretary shall adopt rules implementing this section.

Sec. 5b.  10 V.S.A. § 1263(d) is amended to read:

(d)  A discharge permit shall:

(1)  specify the manner, nature, volume, and frequency of the discharge permitted and contain terms and conditions consistent with subsection (c) of this section;

(2)  require proper operation and maintenance of any pollution abatement facility necessary in the treatment or processing of the waste by qualified personnel in accordance with standards established by the secretary.  The secretary may require operators to be certified under a program established by the secretary.  The secretary may require a laboratory quality assurance sample program to insure qualifications of laboratory analysts;

(3)  contain an operation, management, and emergency response plan when required under section 1278 of this title and additional conditions, requirements, and restrictions as the secretary deems necessary to preserve and protect the quality of the receiving waters, including but not limited to requirements concerning recording, reporting, monitoring, and inspection of the operation and maintenance of waste treatment facilities and waste collection systems; and

(4)  be valid for the period of time specified therein, not to exceed five years.

Third:  By striking out Sec. 10 in its entirety and inserting in lieu thereof a new Sec. 10 to read as follows:

Sec. 10.  EFFECTIVE DATE

(a)  This section and Secs. 1 (findings), 2 (stormwater system definition), 3 (stormwater permitting compliance history), 4 (agricultural stormwater offset), 5 (orphan stormwater system pilot program), 6 (appropriations), 7 (agency of natural resources orphan stormwater system annual report), 8 (extension of local community implementation fund), and 9 (sunset of orphan stormwater system program) of this act shall take effect upon passage.

(b)  Sec. 5a (operation, management, and emergency response plans for pollution abatement facilities) shall take effect July 1, 2006.

(c)  Sec. 5b (wastewater discharge permits) shall take effect July 1, 2007.

And that the bill ought to pass in concurrence with such proposals of amendment.

Senator Illuzzi, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill ought to pass in concurrence with proposal of amendment of the Committee on Natural Resources and Energy.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment were collectively agreed to, and third reading of the bill was ordered.

House Proposal of Amendment Not Concurred In; Committee of Conference Requested; Committee of Conference Appointed; Bill Messaged

S. 314.

House proposal of amendment to Senate bill entitled:

An act relating to early childhood education.

Was taken up.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  PREKINDERGARTEN EDUCATION STUDY COMMITTEE

(a)  There is created a prekindergarten education study committee to be made up of two senators chosen by the committee on committees, two representatives chosen by the speaker, one representative of the department of education chosen by the commissioner, one representative of the department for children and families chosen by the secretary of human services, two members chosen by the governor, one representative of child care providers currently under contract with a public school district to provide prekindergarten services chosen by the commissioner of education, and one representative of child care providers who is not under contract with a public school chosen by the secretary of human services.  The committee may meet up to six times, shall receive per diem and expenses pursuant to 2 V.S.A. § 406 and 32 V.S.A. § 1010, and shall receive staff services from the legislative council, the joint fiscal office, the department of education, and the agency of human services.

(b)  The committee shall, at a minimum, gather the following information:

(1)  How many private and public or publicly funded prekindergarten education services currently exist in Vermont.

(2)  What kinds of services and educational programs are offered by existing prekindergarten education programs.

(3)  The costs of existing prekindergarten education programs and how they are funded.

(4)   Current department of education and agency of human services standards for prekindergarten education facilities. 

(c)  The committee shall, at a minimum, study and make findings regarding:

(1)  What the research says about the effects of prekindergarten education.

(2)  Whether prekindergarten education services should be offered at public expense and, if so:

(A)  whether services should be provided by public schools, private providers, or both;

(B)  the estimated costs of providing public prekindergarten programs and what public monies should be used to support them;

(C)  what would be the mechanism for dispersing these monies; and

(D)  what state agency or agencies should have responsibility for developing standards regarding the quality and content of prekindergarten education programs and for determining educator qualifications, and whether standards for public schools should differ from those for private providers.

(3)  Which groups of children benefit academically and socially from receiving prekindergarten educational services. 

(4)  Whether all groups of prekindergarten children benefit from an inclusionary educational environment.

(5)  Whether enrollment in a prekindergarten education program should be voluntary.

(6)  Whether participation may take place outside the district of residence.

(7)  Whether a community should conduct a needs assessment before starting or expanding a program, and if so, how private providers and school districts should be involved in the assessment. 

(d)  On or before January 30, 2007, the committee shall present the information it has gathered, its findings, and its recommendations to the senate and house committees on education, the senate committee on health and welfare, and the house committee on human services.

Sec. 2.  INTERIM PROVISIONS

(a)  In order to enable the legislative prekindergarten education study committee to accomplish its work and give the general assembly the time to consider and respond to the recommendations of the committee, the state board of education shall not change, repeal, or adopt any rules regarding provision of early childhood or prekindergarten education services prior to June 30, 2008.

(b)  During school year 2006–2007, only a school district which has planned and budgeted for a prekindergarten education program prior to July 1, 2006 shall be authorized to begin a new program.

(c)  During the 2007–2008 school year, a school district which begins a new program of prekindergarten education shall contract with qualified early childhood education service providers in the school district unless it determines that it cannot efficiently and effectively provide quality services using these providers, or that no qualified programs exist in the district or no private programs are interested in providing the services in collaboration with the school district.  In determining efficiency and effectiveness, school districts shall emphasize affordability, access, and high quality in early learning experiences.  In the case of a dispute, the commissioner of education shall determine whether a school district has met the requirements of this subsection, and a decision of the commissioner shall be final.

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Collins, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Thereupon, pursuant to the request of the Senate, the President announced the appointment of

                                         Senator Collins

                                         Senator Condos

                                         Senator Doyle

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.

Rules Suspended; Bills Passed in Concurrence; Bills Messaged

H. 791.

Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:

An act relating to allocation of funds from the solid waste management assistance account of the waste management assistance fund to the environmental contingency fund.

Was placed on all remaining stages of its passage in concurrence.

Thereupon, the bill was read the third time and passed in concurrence.

Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.

H. 887.

Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:

An act relating to group D participation in the state employees’ defined contribution plan.

Was placed on all remaining stages of its passage in concurrence.

Thereupon, the bill was read the third time and passed in concurrence.

Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.

Rules Suspended; Bills Passed in Concurrence with Proposal of Amendment; Bills Messaged

H. 373.

Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:

An act relating to stalking.

Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.


H. 817.

Pending entry on the Calendar for action tomorrow, on motion of Senator Welch, the rules were suspended and House bill entitled:

An act relating to stormwater management.

Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment.

Thereupon, on motion of Senator Welch, the rules were suspended and the bill was ordered messaged to the House forthwith.

Rules Suspended; Bill Recommitted

H. 568.

Appearing on the Calendar for notice, on motion of Senator Cummings, the rules were suspended and House bill entitled:

An act relating to applicability of an act regarding trustees.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Finance, Senator Cummings moved to recommit the bill to the Committee on Finance.

Which was agreed to.

Rules Suspended; Proposals of Amendment; Third Readings Ordered

H. 306.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House bill entitled:

An act relating to transportation of individuals in the custody of the state.

Was taken up for immediate consideration.

Senator Kittell, for the Committee on Health and Welfare, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill as follows:

First:  In Sec. 1, 33 V.S.A. § 5541, by adding a new subsection (d) to read as follows:


(d)  It is the policy of the state of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary.

Second:  In Sec. 2, 18 V.S.A. § 7511, by adding a new subsection (d) to read as follows:

(d)  It is the policy of the state of Vermont that mechanical restraints are not routinely used on persons subject to this chapter unless circumstances dictate that such methods are necessary.

Third:  In Sec. 3, by adding a new subsection (c) to read as follows:

(c)  The department for children and families, the department of health, the department of corrections, the department of state’s attorneys and sheriffs, the office of the defender general, and the court administrator’s office shall meet to discuss protocols for the secure transport of children and pregnant inmates who are in state custody and develop strategies for reducing the frequency and necessity of secure transports using mechanical restraints.  The group shall provide the house committee on human services and the senate committee on health and welfare with a letter detailing its findings and recommendations no later than January 15, 2007.

Fourth:  By adding a new section to be numbered Sec. 4 to read as follows:

Sec. 4.  28 V.S.A. § 801a is added to read:

§ 801a.  PREGNANT INMATES

(a)  It shall be the policy of the state of Vermont to respect the unique health issues associated with a pregnant inmate.  The department of corrections shall not routinely restrain pregnant inmates who are beyond their first trimester of pregnancy in the same manner as other inmates, recognizing that to do so might pose undue health risks for the mother and unborn child.

(b)  The commissioner of the department of corrections shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport a pregnant inmate in a manner which:

(1)  prevents physical and psychological trauma;

(2)  respects the privacy of the individual; and

(3)  represents the least restrictive means necessary for the safety of the inmate, medical and correctional personnel, and the public.

(c)  Unless the inmate presents a substantial flight risk or other extraordinary circumstances dictate otherwise, mechanical restraints of any kind shall not be used on a pregnant inmate after she has been declared by an attending health care practitioner to be in active labor.  The inmate shall remain unrestrained after delivery while in recovery at the hospital.  If restraints are used while the inmate is in labor or in the hospital during recovery after delivery, the commissioner of corrections shall make written findings as to the reasons why mechanical restraints were necessary to prevent escape or to ensure the safety of the inmate, medical and correctional personnel, or the public.

(d)  The department shall provide personnel as may be necessary to supervise the inmate to and from the hospital and during her stay at the hospital.

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and third reading of the bill was ordered.

H. 618.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House bill entitled:

An act relating to services for transitional youth.

Was taken up for immediate consideration.

     Senator Lyons, for the Committee on Health and Welfare, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out Sec. 4 in its entirety and inserting a new Sec. 4 to read as follows:

Sec. 4.  TRANSITIONAL YOUTHS; SERVICES STUDY

(a)  The agency of human services, in consultation with the department of education, shall analyze current law and regulation regarding Medicaid eligibility for young adults between the ages of 18 and 22 and shall report on the following:

(1)  current Medicaid eligibility requirements;

(2)  how the state currently administers Medicaid for youth, including the type of outreach that has been done to assure a full opportunity for enrollment;

(3)  an estimate of the percentage of eligible youths who are enrolled;

(4)  additional options available to increase access to Medicaid coverage for all categories of potentially eligible youths over the age of 18, including but not limited to the developmentally disabled youths who are not in custody, and the cost of each option;

(5)  the cost of extending health care coverage through Medicaid, the Vermont health access plan, Dr. Dynasaur, or an other state-funded health care program solely to an individual under the custody of the state on his or her 18th birthday for the period of time the individual attends college or postsecondary training.

(b)  The agency of human services shall study the costs and benefits of providing necessary and essential transitional services up to age 22 for a youth who has been in the custody of the state; has a developmental disability and has been receiving state‑funded services or services under an individual education plan (IEP) on the youth’s 18th birthday; or has been receiving state‑funded services for severe emotional disturbance on his or her 18th birthday in order to assist the youth in becoming a self-sufficient adult.

(c)  The agency of human services shall study the costs and benefits of continuing Reach Up assistance under chapter 11 of Title 33 while the child is a full-time student to families whose child reaches the age of majority and attends a postsecondary education or training program.  The study shall include a financial analysis, the feasibility of using TANF funds for this purpose, and any other issues relating to the use of federal funds for this purpose.

(d)  The reports under this section shall be provided to the senate committee on health and welfare and the house committee on human services no later than January 15, 2007.

And that the bill ought to pass in concurrence with such proposals of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Rules Suspended; House Proposal of Amendment; Bill Committed

S. 50.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to riots.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:


Sec. 1.  13 V.S.A. § 901 is amended to read:

§ 901.  DUTIES OF OFFICERS

A district judge, sheriff, deputy sheriff or constable police chief, or the commissioner of the department of public safety, or their designees having notice or knowledge of the unlawful, tumultuous, or riotous assemblage of three or more persons within his or her jurisdiction, among or as near as he or she can safely come to such rioters, shall command them in the name of the state of Vermont immediately and peaceably to disperse.  If after such command such rioters do not disperse, such the law enforcement officer or magistrate and such other person as he or she commands to assist him or her shall apprehend and forthwith take them before a district court.

Sec. 2.  13 V.S.A. § 902 is amended to read:

§ 902.  RIOTERS REFUSING TO DISPERSE

Persons so unlawfully and riotously assembled who, after proclamation made, do not immediately disperse, and persons unlawfully and riotously assembled to the number of three or more who do an unlawful act against a man’s person or property or against the public interest, and persons present at the place of an unlawful or riotous assemblage who, when commanded by a magistrate or law enforcement officer to assist him or her or to leave the place of such riotous assemblage, fails so to do, shall each be imprisoned not more than six months or fined not more than $100.00, or both.

Sec. 3.  FINDINGS

The general assembly finds:

(1)  Families and friends have a substantial interest in organizing and attending funerals for deceased relatives.

(2)  The interest of families in being able to mourn privately and peacefully the loss of deceased relatives is violated when a funeral becomes the target of picketing and other public demonstrations.

(3)  Picketing related to a funeral causes emotional distress to the grieving families during a difficult and private time.

(4)  Full opportunity exists under the terms and provisions of this act to exercise freedom of speech and other constitutional rights other than during funerals and within one hour before a funeral.


Sec 4.  13 V.S.A. § 3771 is added to read:

§ 3771.  DISTURBING A FUNERAL SERVICE

(a)  As used in this section:

(1)  “Funeral service” means the ceremonies, rituals, and memorial services held at a church, mortuary, cemetery, or home in connection with the burial or cremation of a dead person.

(2)  “Picketing” means a protest, demonstration or other similar activity directed at a funeral service.

(b)  No person shall disturb or attempt to disturb a funeral service by engaging in picketing within 100 feet of the service within one hour prior to and two hours following the publicly announced time of the commencement of the service.

(c)  A person who violates this section shall be imprisoned not more than 30 days or fined not more than $500.00, or both.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Sears the bill was committed to the Committee on Judiciary.

Rules Suspended; House Proposal of Amendment Not Concurred In; Committee of Conference Requested

S. 194.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to sealing juvenile records relating to a delinquent act.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill as follows:

First:  By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:

Sec. 2.  33 V.S.A. § 5538 is amended to read:

§ 5538.  SEALING OF RECORDS

(a)(1)  On application of a child who has been adjudicated delinquent or in need of care or supervision, or on the court’s own motion, and after notice to all parties of record and hearing  Except as provided in subsection (b) of this section, in matters relating to a child who has been adjudicated delinquent on or after July 1, 2004, the court shall order the sealing of all files and records of the court applicable related to the proceeding if it two years have elapsed since the final discharge of the person unless, on motion of the state’s attorney, the court finds;:

(1)  Two years have elapsed since the final discharge of the person,

(2)  He (A)  the person has not been convicted of a felony or misdemeanor involving moral turpitude listed crime as defined in 13 V.S.A.

§ 5301 or adjudicated delinquent or in need of care or supervision of such an offense after such initial adjudication and prior to the hearing and no, or a proceeding is pending seeking such conviction or adjudication, and; or

(3)(B)  His rehabilitation of the person has not been attained to the satisfaction of the court. 

(2)  At least 60 days prior to the date upon which a person is eligible to have his or her delinquency record automatically sealed pursuant to subdivision (1) of this subsection, the court shall provide such person’s name and other identifying information to the state’s attorney in the county in which the person was adjudicated delinquent.

(b)  On application of a child who has been adjudicated delinquent on or after July 1, 2004 for an offense listed in 13 V.S.A. § 5301, after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds:

(1)  two years have elapsed since the final discharge of the person;

(2)  the person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense after such initial adjudication and no new proceeding is pending seeking such conviction or adjudication; and

(3)  the person’s rehabilitation has been attained to the satisfaction of the court.  

(c)  In matters relating to a child who has been adjudicated delinquent prior to July 1, 2004, on application of the child or on the court’s own motion, and after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds:

(1)  two years have elapsed since the final discharge of the person;

(2)  the person has not been convicted of a listed crime or adjudicated delinquent for such an offense after such initial adjudication and no new proceeding is pending seeking such conviction or adjudication; and

(3)  the person’s rehabilitation has been attained to the satisfaction of the court.  

(d)  On application of a person who, while a child, was found to be in need of care or supervision or on the court’s own motion, after notice to all parties of record and hearing, the court may order the sealing of all files and records related to the proceeding if it finds:

(1)  the person has reached the age of majority; and

(2)  sealing the person’s record is in the interest of justice.

(e)  The application or motion and the order may Except as provided in subsection (i) of this section or otherwise provided, orders issued in accordance with this section shall include the files and records specified in sections 5536 and 5537 of this title of the court, law enforcement, prosecution, and the department for children and families related to the specific court proceeding that is the subject of the sealing.

(b)  Notice of a hearing held under this section shall in any event be given to:

(1)  The state’s attorney having jurisdiction,

(2)  If the final discharge was from an institution or from parole, the authority granting the discharge, and

(3)  If the files and records specified in sections 5536 and 5537 of this title are included in the application or motion, the law enforcement officers or department having custody of the files and records.

(c)(f)(1)  Upon Except as provided in subdivision (2) of this subdivision, upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this act shall be considered never to have occurred, all general index references thereto shall be deleted, and the person, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in any matter.  Copies of the order shall be sent to each agency or official named therein.

(2)(A)  Any court, agency, or department that seals a record pursuant to an order under this section may keep a special index of files and records that have been sealed.  This index shall only list the name and date of birth of the subject of the sealed files and records and the docket number of the proceeding which was the subject of the sealing.  The special index shall be confidential and may be accessed only for purposes for which a department or agency may request to unseal a file or record pursuant to subsection (g) of this section. 

(B)  Access to the special index shall be restricted to the following persons:

(i)  the clerk of the district or family court;

(ii)  the commissioner and general counsel of any administrative department;

(iii)  the secretary and general counsel of any administrative agency;

(iv)  a sheriff;

(v)  a police chief;

(vi)  a state’s attorney;

(vii)  the attorney general;

(viii)  the director of the Vermont crime information center; and

(ix)  a designated clerical staff person in each office identified in subdivisions (i) – (viii) of this subdivision (B) who is necessary for establishing and maintaining the indices for persons who are permitted access.

(C)  Persons authorized to access an index pursuant to subdivision (B) of this subdivision (2) may access only the index of their own department or agency.

(d)(g)(1)  Inspection Except as provided in subdivisions (2), (3), and (4) of this subsection, inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of such records, and only to those persons named therein.

(2)  Upon a confidential motion of any department or agency that was required to seal files and records pursuant to subsection (e) of this section, the court may permit the department or agency to inspect its own files and records if it finds circumstances in which the department or agency requires access to such files and records to respond to a legal action, a legal claim, or an administrative action filed against the department or agency in relation to incidents or persons that are the subject of such files and records.  The files and records shall be unsealed only for the minimum time necessary to address the circumstances enumerated in this subdivision, at which time the records and files shall be resealed.

(3)  Upon a confidential motion of the department for children and families, the court may permit the department to inspect its own files and records if the court finds extraordinary circumstances in which the state’s interest in the protection of a child clearly outweighs the purposes of the juvenile sealing law and the privacy rights of the person or persons who are the subjects of the record, and the sealed record is necessary to accomplish the state’s interest.  The motion may be heard ex parte if the court, based upon an affidavit, finds a compelling purpose exists to deny notice to the subject of the files and records when considering whether to grant the order.  If the order to unseal is issued ex parte, the court shall send notice of the unsealing to the subject of the files and records within 20 days unless the department provides a compelling reason why the subject of the files and records should not receive notice.  The files and records shall be unsealed only for the minimum time necessary to address the extraordinary circumstances at which time the files and records shall be resealed.

(4)  Upon a confidential motion of a law enforcement officer or prosecuting attorney, the court may permit the department or agency to inspect its own files and records if the court finds extraordinary circumstances in which the state’s interest in public safety clearly outweighs the purposes of the juvenile sealing law and the privacy rights of the person or persons who are the subjects of the record, and the sealed record is necessary to accomplish the state’s interest.  The motion may be heard ex parte if the court, based upon an affidavit, finds a compelling public safety purpose exists to deny notice to the subject of the files and records when considering whether to grant the order.  If the order to unseal is issued ex parte, the court shall send notice of the unsealing to the subject of the files and records within 20 days unless the law enforcement officer or prosecuting attorney provides a compelling public safety reason why the subject of the files and records should not receive notice.   The files and records shall be unsealed only for the minimum time necessary to address the extraordinary circumstances at which time the files and records shall be resealed. 

(5)  The order unsealing a record must state whether the record is unsealed entirely or in part and the duration of the unsealing.  If the court's order unseals only part of the record or unseals the record only as to certain persons, the order must specify the particular records that are unsealed or the particular persons who may have access to the record, or both. 

(e)(h)  On application of a person who has pleaded guilty to or has been convicted of the commission of a crime committed under the laws of this state prior to attaining the age of majority, or on the motion of the court having jurisdiction over such a person, the files and records may be sealed after proceedings in conformity with and subject to the limitations of subsections (a), (b), (c) and (d) of this section after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds:

(1)  two years have elapsed since the final discharge of the person;

(2)  the person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense after the initial conviction and no new proceeding is pending seeking such conviction or adjudication; and

(3)  the person’s rehabilitation has been attained to the satisfaction of the court.  

(i)(1)  In matters relating to a person who was charged with a criminal offense on or after July 1, 2006 and prior to the person attaining the age of majority, the files and records of the court applicable to the proceeding shall be sealed immediately if the case is dismissed.

(2)  In matters relating to a person who was charged with a criminal offense prior to July 1, 2006 and prior to the person attaining the age of majority, the person may apply to seal the files and records of the court applicable to the proceeding.  The court shall order the sealing, provided that two years have elapsed since the dismissal of the charge.

(j)  Upon receipt of a court order to seal a record relating to an offense for which there is an identifiable victim, a state’s attorney shall record the name and date of birth of the victim, the offense, and the date of the offense.  The name and any identifying information regarding the defendant shall not be recorded.  Victim information retained by a state’s attorney pursuant to this subsection shall be available only to victims’ advocates, the victims’ compensation program, and the victim and shall otherwise be confidential.

(k)  For purposes of this section, to “seal” a file or record means to physically and electronically segregate the record in a manner that ensures confidentiality of the record and limits access only to those persons who are authorized by law or court order to view the record.  A “sealed” file or record is retained and shall not be destroyed unless a court issues an order to expunge the record.

(l)  The court shall provide assistance to persons who seek to file an application for sealing under this section.

(m)  Any entities subject to sealing orders pursuant to this section shall establish policies for implementing this section and shall provide a copy of such policies to the house and senate committees on judiciary no later than January 15, 2007.  State’s attorneys, sheriffs, municipal police, and the judiciary are encouraged to adopt a consistent policy that may apply to each of their independent offices and may submit one policy to the general assembly.

Second:  By adding a new section to be numbered Sec. 6a to read as follows:

Sec. 6a.  13 V.S.A. § 7041(d) is amended to read:

(d)  Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence.  Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent.  Upon discharge, the record of the criminal proceedings shall be expunged as if an application pursuant to section 5538 of Title 33 had been granted, except that the record shall not be expunged until restitution has been paid in full, absent a finding of good cause by the court.

Third:  In Sec. 7, subsection (b), by striking out subdivisions (7) and (8) and inserting in lieu thereof the following:

(7)  an attorney specializing in representing children in juvenile proceedings appointed by the Vermont bar association;

(8)  an attorney specializing in representing parents in juvenile proceedings appointed by the Vermont bar association;

(9)  the commissioner of public safety or his or her designee; and

(10)  a representative from the Vermont center for crime victim services.

Fourth:  By striking out Sec. 8 in its entirety and inserting in lieu thereof eight new sections to be numbered Secs. 8 – 15 to read as follows:

Sec. 8.  14 V.S.A. § 3061 is amended to read:

§ 3061.  DEFINITIONS

The words and phrases used in this subchapter shall be defined as follows:

* * *

(4)  "Mentally retarded" “Developmentally disabled” means significantly subaverage intellectual functioning which exists concurrently with deficits in adaptive behavior;

* * *

(11)  "Respondent" means a person who is the subject of a petition filed pursuant to section 3063 of this title or a ward who is the subject of any subsequent petition, motion or action filed pursuant to this subchapter.

(12)  “Party” shall have the same meaning as defined by Rule 17(a)(3) and (b) of the Vermont Rules of Probate Procedure.

(13)  “Ward” means a person under a guardianship order.


Sec. 9.  14 V.S.A. § 3065 is amended to read:

§ 3065.  COUNSEL

(a)(1)  Counsel shall be appointed for the respondent in initial proceedings relating to an involuntary guardianship up to and including the appointment of a guardian under section 3069 or 3070 of this title or dismissal of the petition under section 3068 of this title. Counsel shall have the right to withdraw after a guardian is appointed or after dismissal.  The respondent shall have the right to be represented by counsel of his or her own choosing at any stage of a guardianship proceeding.  Unless a respondent is already represented, the court:

(A)  shall appoint counsel for the respondent when an initial petition for guardianship is filed;

(B)  shall appoint counsel for the respondent in any subsequent proceeding if the respondent or a party requests appointment in writing; and

(C)  may appoint counsel for the respondent on the court’s initiative in any subsequent proceeding.

(2)  Appointed counsel shall have the right to withdraw upon conclusion of the proceeding for which he or she has been appointed.

(b)  Counsel shall receive a copy of the petition upon appointment and copies of all other documents upon filing with the court.  Counsel shall consult with the respondent prior to the any hearing and, to the maximum extent possible, explain to the respondent the meaning of the proceedings and of all relevant documents.  Counsel for the respondent shall act as an advocate for the respondent and shall not substitute counsel’s own judgment for that of the respondent on the subject of what may be in the best interest of the respondent.  Counsel’s role shall be distinct from that of a guardian ad litem if one is appointed.  At a minimum, counsel shall endeavor to ensure that:

(1)  the wishes of the respondent, including those contained in an advance directive, as to the matter before the court are presented to the court;

(2)  there is no less restrictive alternative to guardianship or to the matter before the court;

(3)  proper due process procedure is followed;

(4)  no substantial rights of the respondent are waived, except with the respondent’s consent and the court’s approval, provided that the evaluation and report required under section 3067 of this title and the hearing required under section 3068 of this title may not be waived;

(5)  the petitioner proves allegations in the petition by clear and convincing evidence in an initial proceeding, and applicable legal standards are met in subsequent proceedings;

(6)  the proposed guardian is a qualified person to serve or to continue to serve, consistent with section 3072 of this title; and

(7)  if a guardian is appointed, the initial order or any subsequent order is least restrictive of the ward's personal freedom consistent with the need for supervision.

     (c)  Respondent's counsel shall be compensated from the respondent's estate unless the respondent is found indigent in accordance with Rule 3.1 of the Rules of Civil Procedure.  For indigent respondents, the court shall maintain a list of pro bono counsel from the private bar to be used before appointing nonprofit legal services organizations to serve as counsel.

Sec. 10.  14 V.S.A. § 3068a is added to read:

§ 3068a.  RIGHTS OF A WARD

A ward retains the same legal and civil rights guaranteed to all Vermont residents under the Vermont and United States constitutions and all the laws and regulations of Vermont and the United States.  These rights include:

(1)  The right to participate in decisions made by the guardian and to have personal preferences followed unless:

(A)  the preference is unreasonable and would result in actual harm; or

(B)  the ward does not have a basic understanding of the benefits and consequences of his or her chosen preference.

(2)  The right, without interference from anyone, to retain an attorney and to communicate freely with counsel, the court, ombudsmen, advocates of his or her choosing, and other persons authorized by law to act as an advocate for the ward. 

Sec. 11.  14 V.S.A. § 3069(b)(5) is amended to read:

(5)  to consent to surgery or other medical procedures, subject to the provisions of section 3075 of this title, subsection 9711(g) of Title 18, and any constitutional right of the ward to refuse treatment;

Sec. 12.  14 V.S.A. § 3073 is amended to read:

§ 3073.  CHANGE OF RESIDENTIAL PLACEMENT

(a)(1)  When a guardian who has been granted the power to choose or change the residence of the ward pursuant to section subdivision 3069(b)(1) of this title wishes to admit the ward to a nursing home or change the residential placement of the ward from a private home to a boarding home, nursing home, residential care home, assisted living residence, group home, or other similar facility, the guardian must first file a motion for permission to do so. 

(2)  For any other change of residence sought by a guardian who has been granted the power to choose or change the residence of the ward pursuant to subdivision 3069(b)(1) of this title, the guardian shall give notice to all parties and to such other persons as the court directs as soon as practicable prior to the change of placement.

(b)(1)  In an emergency, the a guardian who has been granted the power to choose or change the residence of the ward pursuant to subdivision 3069(b)(1) of this title may change the residential placement of the ward from a private home to a boarding home, nursing home, residential care home, group home or other similar facility without petitioning the probate court for prior permission without petitioning the court for prior permission or without giving prior notice to parties.  Immediately after the any emergency change in residential placement for which prior permission under subsection (a) of this section would be required in the absence of an emergency, the guardian shall file a motion for permission to continue the placement.  A hearing on the change in residential placement

(2)  Immediately after any emergency change of placement for which prior permission under subsection (a) of this section is not required, the guardian shall give notice of the change of placement to all parties and to such other persons as the court directs.

(3)  Any party may request a hearing on a change in residential placement.  The hearing shall be set for the earliest possible date and shall be given precedence over other probate matters.

(c)  In a hearing on a change of placement, the court shall consider:

(1)  the need for the change of placement;

(2)  the appropriateness of the new placement;

(3)  the wishes of the ward, if known; and

(4)  whether the guardian has considered alternatives.

Sec. 13.  STUDY; GUARDIANSHIP MONITORS

(a)  The general assembly finds:

(1)  Current law requires guardians to file annual reports with the court about the financial and personal status of the person in need of guardianship. Frequently, annual accountings and personal status reports either are not filed or are filed but contain incomplete or inaccurate information.

(2)  Currently, courts may not have the resources to monitor every guardianship and must rely on the information provided by the guardian in the annual report to identify problems that arise in the guardianship.  Mistakes, conflicts of interest, and abuses of power may go unnoticed unless the guardian or a person interested in the welfare of the ward brings it to the court’s attention.

(3)  Current law requires annual notices to wards of the right to petition to terminate or modify guardianships.  Even when annual notices are sent, wards may not be able to take steps on their own to bring issues to the attention of the court, even when real issues exist.

(4)  A system of comprehensive monitoring may help protect the rights and interests of persons under guardianship.

(b)  A committee is established to study the need for and feasibility of establishing a pilot guardianship monitor program in at least two probate court districts.

(c)  The committee shall consist of the following members:

(1)  Two sitting probate judges appointed by the Vermont association of probate judges.  The association shall designate one of its appointees as the convening authority.

(2)  A member of the court administrator’s office.

(3)  A representative of the elder law committee of the Vermont bar association.

(4)  A representative of the disability law committee of the Vermont bar association.

(5)  A representative of Vermont Legal Aid, Inc.

(6)  Two representatives appointed by the secretary of the agency of human services, including a representative from the department of disabilities, aging, and independent living.

(7)  A representative of the community of Vermont elders.

(8)  A representative of Vermont protection and advocacy.

(9)  A representative of the Vermont coalition of disability rights.

(d)  The committee shall report its findings and recommendations to the house and senate committees on judiciary and the governor on or before January 15, 2007.  The report shall include a recommendation of whether a system of guardianship monitoring is needed and, if so, a complete description, analysis, and recommendations for the following:

(1)  The duties and responsibilities of the monitor.

(2)  The number of monitors needed to staff a pilot program.

(3)  The location and supervision of the monitor.

(4)  The relationship of the monitor to the probate judges and the court administrator’s office.

(5)  The average caseload of a monitor.

(6)  The cost of establishing a pilot guardianship monitor program and the cost of a statewide guardianship monitor program.

(7)  The probate court districts which will be included in a pilot program.

(8)  The method for measuring the outcome of a pilot program.

(9)  The duration of a pilot program.

Sec. 14.  STATUTORY REVISION

The office of legislative council shall revise subchapter 12 of chapter 111 of Title 14 by substituting the term “developmentally disabled” for the term “mentally retarded” wherever it appears.

Sec. 15.  EFFECTIVE DATE

Secs. 7 and 13 of this act shall take effect upon passage, and the remainder of the act shall take effect August 1, 2006.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Sears, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Rules Suspended; House Proposal of Amendment Concurred In

S. 198.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to a “Sorry Works” program.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  12 V.S.A. § 1912 is added to read:

§ 1912.  EXPRESSION OF REGRET OR APOLOGY BY HEALTH CARE PROVIDER INADMISSIBLE

(a)  An oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, made by or on behalf of a health care provider or health care facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the error, does not constitute a legal admission of liability for any purpose and shall be inadmissible in any civil or administrative proceeding against the health care provider or health care facility, including any arbitration or mediation proceeding.

(b)  In any civil or administrative proceeding against a health care provider or health care facility, including any arbitration or mediation proceeding, the health care provider, health care facility, or any other person who makes an oral expression of regret or apology, including any oral good faith explanation of how a medical error occurred, on behalf of the provider or facility, that is provided within 30 days of when the provider or facility knew or should have known of the consequences of the potential adverse outcome, may not be examined by deposition or otherwise with respect to the expression of regret, apology, or explanation.

(c)  As used in this section:

(1)  “Health care facility” shall have the same meaning as in subdivision 9402(7) of Title 18.

(2)  “Health care provider” shall have the same meaning as in subdivision 9402(8) of Title 18.

(d)  The liability protections afforded by subsections (a) and (b) of this section shall not be construed to limit access to information that is otherwise discoverable.

(e)  This section shall apply only to medical errors that occur on or after July 1, 2006.

Sec. 2.  SORRY WORKS! PILOT PROGRAM

(a)  For purposes of this section:

(1)  “Commissioner” means the commissioner of banking, insurance, securities, and health care administration.

(2)  “Department” means the department of banking, insurance, securities, and health care administration.

(b)  The Sorry Works! pilot program is established under the oversight of the commissioner.  Any hospital that voluntarily chooses to participate shall be eligible for the program beginning on January 1, 2007.  Hospitals may participate only with the approval of the hospital administration and the hospital’s medical staff. 

(c)(1)  Under the program, participating hospitals and physicians shall promptly acknowledge and apologize for mistakes in patient care that result in harm and promptly offer fair settlements.  If a settlement is accepted, further litigation with respect to the mistake shall be prohibited. 

(2)  Participating hospitals shall provide to the patient written notification of the patient’s right to legal counsel.  The notification shall include an affirmative declaration that no action was taken to dissuade a patient from using counsel for the negotiations. 

(3)  A communication between parties engaged in negotiation pursuant to this program is privileged and is not subject to discovery or admissible in evidence in any civil or administrative proceeding.  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in negotiations pursuant to this program. 

(4)  Participation in Sorry Works! shall toll the applicable statute of limitations in cases where such negotiations are unsuccessful.  The commissioner shall establish guidelines for determining when negotiations under the Sorry Works! program begin and end for purposes of tolling the statute of limitations.

(d)  Participating hospitals shall report to the department their total costs for medical malpractice verdicts, settlements, and defense litigation for the preceding five years to enable the department to determine average costs for that hospital during that period.  The department shall develop standards and protocols to compare costs for cases handled by traditional means and cases handled under the Sorry Works! program for purposes of reporting to the general assembly as to the financial impact of the program.

(e)  The commissioner shall establish criteria for the program, including the criteria under which hospitals shall be selected to participate.  A program participant may withdraw from the program by notifying the commissioner.  Any mistakes in patient care that result in harm that occurred prior to the program participant notifying the commissioner shall continue to be subject to this section and the terms of the program.

(f)  In consultation with hospitals, providers, and other interested parties, the department shall adopt rules to implement the pilot program no later than October 1, 2006.

(g)  The department shall initiate a dialogue with insurers and encourage them to participate in the Sorry Works! pilot program with any hospital that is willing to commit to the program.  The department shall use all of the methods at its disposal to gain the participation of insurers necessary to enable hospitals to participate and the program to be implemented.  

(h)  The department shall report to the general assembly on or before January 15, 2009 on the implementation and administration of the program, including the value of extending the program and any recommendations to facilitate participation.

(i)  This pilot program shall sunset on June 30, 2009.

Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.

Rules Suspended; House Proposal of Amendment Not Concurred In; Committee of Conference Requested

S. 256.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House proposal of amendment to Senate bill entitled:

An act relating to sexual exploitation of an inmate.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  13 V.S.A. chapter 89 is added to read:

Chapter 89.  Sexual Exploitation

§ 4201.  DEFINITION

As used in this chapter, “sexual act” shall have the same meaning as provided in section 3251 of this title.

§ 4202.  SEXUAL EXPLOITATION OF AN INMATE

(a)  No correctional employee, contractor, or other person providing services to offenders on behalf of the department of corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall engage in a sexual act with a person who the employee, contractor, or other person providing services knows:

(1)  is confined to a correctional facility; or

(2)  is being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider is currently engaged in a direct supervisory relationship with the person being supervised.  For purposes of this subdivision, a person is engaged in a direct supervisory relationship with a supervisee if the supervisee is assigned to the caseload of that person.

(b)  A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

§ 4203.  SEXUAL EXPLOITATION OF A STUDENT

(a)  As used in this section:

(1)  “Employee” means a person who has direct supervisory or programmatic contact with students as a result of the person’s work for the program or school in which the student is enrolled or in attendance and shall include persons employed by the school district or program, volunteers, contractors and their employees, and persons employed by the supervisory union who work in the school in which the student is enrolled or in attendance.

(2)  “Independent school,” “supervisory union,” and “school district” shall have the meanings defined in 16 V.S.A. § 11. 

(b)  No person who is an employee of a school district or an independent school shall engage in a sexual act with a student under the age of 18 who is enrolled in or attending a program in the same public school or independent school where the employee is working. 

(c)  A person who violates subsection (b) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

§ 4204.  SEXUAL EXPLOITATION OF A CHILD BY A MEMBER OF THE CLERGY

(a)  As used in this section, “member of the clergy” means a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner.

(b)  No person who is a member of the clergy shall engage in a sexual act with a child under the age of 18 who is either a member of such person’s congregation or under the supervision of the person.

(c)  A person who violates subsection (b) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

§ 4205.  SEXUAL EXPLOITATION OF A PATIENT

(a)  As used in this section, “health care provider” means an individual licensed or certified or authorized by law to provide professional health care service in this state to an individual during that individual’s medical care, treatment, or confinement.

(b)  No person who is a health care provider shall engage in a sexual act with a child under the age of 18 who is a patient of the provider.

(c)  A person who violates subsection (b) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

§ 4206.  SEXUAL EXPLOITATION OF CHILD BY PERSON IN POSITION OF AUTHORITY OVER CHILD

(a)  No adult who is 18 years old or older shall engage in a sexual act with a child under the age of 18 if the person holds a position of official adult authority over the child.

(b)  A person who violates this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.

§ 4207.  CONSTRUCTION

The criminal statutes provided for in this chapter shall be in addition to, not in lieu of, the criminal statutes in chapter 72 of this title.  The provisions of this chapter do not limit or restrict prosecutions for sexual assault or aggravated sexual assault.

Sec. 2.  28 V.S.A. § 853 is amended to read:

§ 853.  PUNISHMENT; MAINTENANCE OF RECORDS; RECOMMENDATION OF TRANSFER

(a)(1)  Except in serious cases as provided in subdivision (2) of this subsection, punishment for a breach of the rules and regulations of the facility shall consist of deprivation of privileges.  In cases of

(2)  Serious breaches of the rules and regulations shall include assault, escape, or attempt to escape, or other serious breach of the rules,.  In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, and he who may then order, other forms of discipline in addition to or as substitution for a loss of privileges, that any portion of an inmate’s reduction of term for good behavior be forfeited or withheld in accordance with section 812 of this title.  In cases involving breach of the rules and regulations of the facility that result.  If the serious breach results in damage to state-owned property, the disciplinary committee may fix the an amount of restitution or reparation, which shall not exceed an amount the offender inmate can or will be able to pay, and shall fix the manner of performance.  Other forms of discipline for a serious breach of the rules may include:

(A)  Recommendation by the disciplinary committee and by the supervising officer also may be made to the commissioner that the inmate be transferred to another facility. 

(B)  For serious breach of the rules the disciplinary committee Segregation, in accordance with the regulations of the department, may also recommend, and the supervising officer may order, that an inmate be confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility.; provided:

(1)(i)  The period of such confinement segregation shall not exceed thirty 30 days consecutively;

(2)(ii)  The inmate shall be supplied with a sufficient quantity of wholesome and nutritious food, which shall be of the same quantity and nutritional quality as that provided to the general population of inmates at the facility;

(3)(iii)  Adequate sanitary and other conditions required for the health of the inmate shall be maintained; and

(4)(iv)  The supervising officer of the facility shall comply with any recommendation that may be made by the institution’s facility’s physician for measures with respect to dietary needs or conditions of confinement segregation of each inmate required to maintain the health of the inmate.

(b)  No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the use of force on any inmate justifiable except as provided by law.

(c)  The supervising officer of any facility shall maintain a record of all breaches of rules, of the disposition of each case, and of the punishment, if any, for each breach.  Each breach of the rules by an inmate shall be entered in the file of the inmate, together with the disposition or punishment therefor.

Sec. 3.  28 V.S.A. § 102(c)(19) is amended to read:

(19)  If a treaty in effect between the United States and Canada a foreign country provides for the transfer or exchange of a convicted and sentenced offender to the country of which the offender is a citizen or national, the commissioner may, with the written consent of such offender obtained only after the opportunity to consult with counsel, and in accordance with the terms of the treaty, consent to the transfer or exchange of any such offender and take any other action necessary to initiate the participation of the state in the treaty.

Sec. 4.  29 V.S.A. § 701a is amended to read:

§ 701a.  SOLITARY CONFINEMENT; SEGREGATION OF INMATES WITH A SERIOUS MENTAL HEALTH DISORDER ILLNESS

(a)  The commissioner shall promulgate adopt rules pursuant to chapter 25 of Title 3 regarding the classification, treatment, and maximum length of stay in solitary confinement segregation of an inmate with a serious mental illness as defined in subdivision 906(1) of this title; provided that the length of stay in segregation for an inmate with a serious mental illness:

(1)  Shall not exceed 15 days if the inmate is segregated for disciplinary reasons.

(2)  Shall not exceed 30 days if the inmate requested the segregation, except that the inmate may remain segregated for successive 30-day periods following assessment by a qualified mental health professional and approval of a physician for each extension.

(3)  Shall not exceed 30 days if the inmate is segregated for any reason other than the reasons set forth in subdivision (1) or (2) of this subsection, except that the inmate may remain segregated for successive 30-day periods following a due process hearing for each extension, which shall include assessment by a qualified mental health professional and approval of a physician.

(b)  On or before October 1, 2001, the agency of human services, department of corrections, shall enact an emergency rule implementing the directive of this section.  The emergency rule shall specifically address the obligations and responsibilities of the department of corrections relative to the solitary confinement of a male or female inmate with a serious mental illness as defined in section 906 of this title.  For purposes of this title, and despite other names this concept has been given in the past or may be given in the future, “segregation” means a form of separation from the general population which may or may not include placement in a single occupancy cell and which is used for disciplinary, administrative, or other reasons.

(c)  On or before the 15th day of each month, the department’s health services director shall provide to the joint legislative corrections oversight committee a report that, while protecting inmate confidentiality, lists each inmate who was in segregation during the preceding month by a unique indicator and identifies the reason the inmate was placed in segregation, the length of the inmate’s stay in segregation, whether the inmate has a serious mental illness, or is otherwise on the department's mental health roster, and, if so, the nature of the mental illness.  The report shall also indicate any incident of self harm or attempted suicide by inmates in segregation.  The committee chair shall ensure that a copy of the report is forwarded to the Vermont defender general and the executive director of Vermont Protection and Advocacy, Inc. on a monthly basis.

Sec. 5.  JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE

During the 2006 interim, the joint legislative corrections oversight committee shall explore the current law and practices concerning the segregation of inmates, including inmates with a cognitive impairment and inmates with a serious mental illness or who are otherwise on the mental health roster.  The committee’s work shall include review of the process and standards by which the department, through hearings and other means, determines whether placement in segregation is appropriate for inmates with a serious mental illness, the qualifications of hearing officers, and the due process protections afforded by the hearings.  The committee shall also consider the incidence of self harm and attempted suicide by segregated inmates and the identification of alternative management techniques.  The committee shall also explore the current law and practices concerning transfers of inmates with mental conditions to out-of-state facilities.  On or before January 15, 2007, the committee shall present its analysis together with any related proposals for legislation to the house and senate committees on judiciary and the house committee on institutions. 

The Committee further recommends that after passage of the bill the title be amended to read as follows:

     AN ACT RELATING TO SEXUAL EXPLOITATION AND TO ISSUES CONCERNING THE DEPARTMENT OF CORRECTIONS.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Sears, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Rules Suspended; House Proposal of Amendment to Senate Proposal of Amendment Not Concurred In; Committee of Conference Requested

H. 677.

Appearing on the Calendar for notice, on motion of Senator Welch, the rules were suspended and House proposal of amendment to Senate proposal of amendment to Senate bill entitled:

An act relating to a standards board and licensing hearing panels for professional educators.

Was taken up for immediate consideration.

The House proposes to the Senate to amend the proposal of amendment as follows:

In Sec. 2, 16  V.S.A. §1693(b) by striking the subsection in its entirety and inserting in lieu thereof a new subsection (b) to read:

(b)  Appointment and qualifications.  All members of the standards board shall be appointed by the governor for terms of three years which shall begin July 1 of the year of appointment.  No person shall be eligible for more than one sequential reappointment.  The governor shall appoint a replacement to fill any vacancy on the standards board for the remainder of the term.  The governor shall assure appointments are consistent with the following requirements:

* * *

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment to the Senate proposal of amendment?, on motion of Senator Collins, the Senate refused to concur in the House proposal of amendment to the Senate proposal of amendment and requested a Committee of Conference.

Message from the House No. 82

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

     I am directed to inform the Senate the House has passed bills of the following titles:

     H. 875.  An act relating to approval of amendments to the charter of the Village of Jacksonville.

     H. 885.  An act relating to amending the charter of the Town of St. Johnsbury.

     H. 886.  An act relating to the merger of the Town of Williamstown and the Williamstown Fire District.

     H. 892.  An act relating to amending the charter of the Town of Windsor.

In the passage of which the concurrence of the Senate is requested.

The House has considered Senate bills of the following titles:

S. 51.  An act relating to disability retirement benefits for state employees.

S. 218.  An act relating to motor vehicle retail installment sales contracts.

S. 265.  An act relating to penalties for larceny crimes.

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

 

Adjournment

On motion of Senator Welch, the Senate adjourned until ten o’clock in the morning.