Journal of the Senate
________________
Saturday, May 12, 2007
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Joint Resolution Referred
J.R.H. 39.
Joint resolution originating in the House of the following title was read the first time and is as follows:
J.R.H. 39. Joint resolution requesting Congress to reduce greenhouse gas emissions through the authorization of a 90,000‑pound weight limitation for all vehicles with a minimum of five axles traveling on interstate highways in Vermont.
Whereas, greenhouse gas emissions’ impact on a changing Vermont climate and economic development are a growing concern, and
Whereas, operating vehicles on the interstate highways in Vermont, instead of on state and local highways, promotes greater efficiencies and an improved quality of life, and
Whereas, the largest Vermont-based source of greenhouse gas emissions is derived from motor vehicle exhaust systems, and emissions and congestion increase in towns and villages when trucks are forced to travel on local roads instead of along the state’s interstate highways, and
Whereas, in the surrounding New England states and the state of New York, commodity shippers are authorized to ship multiple goods on different segments of those states’ interstate highways in vehicles weighing up to 90,000 pounds, and
Whereas, in Vermont, however, with the exception of shipments of water and milk, the maximum shipping weight, without a special permit, is 80,000 pounds, and
Whereas, this lower weight threshold necessitates more large freight vehicles to transport goods and, consequently, increases the amount of greenhouse gases emitted into the atmosphere and places additional wear and tear on both the interstate highways’ system and Vermont’s state and local highways, and
Whereas, interstate highways’ are built to the highest safety standards of any roads in the United States and, as demonstrated in our neighboring states, can withstand the impact of 90,000-pound vehicles traveling along their surfaces, and
Whereas, it is not equitable that haulers shipping milk or water in vehicles having five or more axles are subject to a 90,000-pound weight limitation while shipments of other commodities in these identical vehicles must abide by a lower 80,000-pound limit in Vermont, and
Whereas, in addition to the reduction in greenhouse gases, and the decreased wear and tear on state and municipal highways, the raising of the 80,000‑pound weight-hauling limitation in Vermont to 90,000 pounds would also encourage increased trans-border commerce traveling to and from Canada through the state and mean additional revenue for Vermont’s businesses, and
Whereas, these vehicles are equipped with the necessary brake and suspension systems to transport safely weight loads equal to 90,000 pounds, and
Whereas, vehicles weighing in excess of 80,000 pounds can be operated on the interstate at the present time, but only with single-trip permits, issued by the department of motor vehicles, which are both expensive and time‑consuming to obtain, and
Whereas, the efficient shipment of commodities requires reliance on a balanced transportation system that includes rail, air, and an interstate highway system that is available for commodity shipments of up to 90,000 pounds, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly requests Congress to grant statutory authorization permitting a 90,000‑pound weight limitation for all commodities transported in truck tractors, semi‑trailer combinations, or truck‑trailer combinations having five or more axles and traveling on interstate highways in Vermont, and be it further
Resolved: That the secretary of state be directed to send a copy of this resolution to U.S. Secretary of Transportation Mary Peters and the members of the Vermont Congressional Delegation.
Thereupon, in the discretion of the President, under Rule 51, the joint resolution was treated as a bill and referred to the Committee on Transportation.
Joint Resolution Adopted in Concurrence
J.R.H. 42.
Joint resolution originating in the House of the following title was read and adopted in concurrence and is as follows:
Joint resolution recognizing the importance of farmers’ markets in Vermont.
Whereas, Vermonters increasingly seek fresh locally‑grown produce, and the U.S. Census of Agriculture has documented this consumer trend, reporting that Vermont’s direct food sales on a per‑capita basis are 5.5 times higher than the national average, and
Whereas, in many communities, the opportunity to purchase nutritious and wholesome Vermont agricultural products directly from the farmer producer is afforded to consumers at local farmers’ markets, and
Whereas, farmers’ markets, whose numbers have increased over 50 percent in recent years, are centers of community commerce that provide a convenient and welcomed outlet for area farmers to exercise their entrepreneurial skills while enabling customers to purchase fruits, vegetables, maple syrup, cheese, baked goods, and jams, and
Whereas, in 2005, farmers’ markets in Vermont reported net sales totaling $3,511,000.00, and
Whereas, farmers’ markets represent a unique business model whose leadership consists of volunteers, and they offer farmers the opportunity to test new products and, on occasion, farmers’ market sales result in a vendor deciding to open a permanently located facility to sell the product, and
Whereas, farmers’ markets serve as magnets for downtowns and village centers, attracting additional shoppers to stores and restaurants situated near the market as demonstrated in a survey of an August farmers’ market day in downtown Montpelier that documented $1.80 of additional spending in downtown for every dollar spent at the farmers’ market that morning for a combined total of $39,000.00 of consumer spending, and
Whereas, recognizing the mutual advantage that a farmers’ market brings to both the vendors and permanent retail establishments, municipalities, and private landowners often rent the land to the market at an extremely reasonable cost, and
Whereas, farmers’ markets are community gathering spots, serve as employment opportunities for musicians, and provide children’s activities, and
Whereas, both farmers and the cities and town hosts derive economic benefits from their association with farmers’ markets, and the consumer is the ultimate winner, bringing home the very best that Vermont agriculture has to offer, now therefore be it
Resolved by the Senate and House of Representatives:
That the General Assembly recognizes the importance of farmers’ markets in Vermont, and be it further
Resolved: That the secretary of state be directed to send a copy of this resolution to Jessie Schmidt at the Northeast Organic Farming Association of Vermont in Richmond.
Rules Suspended; Bill Committed
S. 92.
Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and Senate bill entitled:
An act relating to groundwater mapping.
Was taken up for immediate consideration.
Thereupon, pending the reading of the report of the House proposal of amendment, Senator Lyons moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Natural Resources and Energy, with the House proposal of amendment intact.
Which was agreed to.
Recess
On motion of Senator Shumlin the Senate recessed until the fall of the gavel.
Called to Order
At 10:20 A.M. the Senate was called to order by the President pro tempore.
Rules Suspended; House Proposal of Amendment Concurred In; Rules Suspended; Bill Delivered
S. 53.
Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and House proposal of amendment to Senate bill entitled:
An act relating to motor vehicles.
Was taken up for immediate consideration.
The House proposes to the Senate to amend the bill by adding a new Sec. 1 to read as follows:
Sec. 1. 23 V.S.A. § 4(73) is amended to read:
Except as may be otherwise provided herein, and unless the context otherwise requires in statutes relating to motor vehicles and enforcement of the law regulating vehicles, as provided in this title and part 5 of Title 20, the following definitions shall apply:
* * *
(73) “Neighborhood electric vehicle” means a self‑propelled, electrically‑powered motor vehicle which:
(A) is emission free;
(B) is designed to carry four or fewer persons;
(C) is designed to be, and is, operated at speeds of 25 miles per hour or less;
(D) has at least four wheels in contact with the ground;
(E) has an unladen a gross vehicle weight of rating
less than 1,800 3,000 pounds;
(F) conforms to the minimum safety equipment requirements as adopted in the Federal Motor Vehicle Safety Standard No. 500, Low Speed Vehicles (49 C.F.R. 571, 500).
And by renumbering the remaining sections of the bill to be numerically correct
President Assumes the Chair
Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.
Thereupon, on motion of Senator Shumlin, the rules were suspended, and the bill was ordered delivered to the Governor forthwith.
Recess
On motion of Senator Shumlin the Senate recessed until the fall of the gavel.
Called to Order
At 1:45 P.M. the Senate was called to order by the President.
Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Rules Suspended; Bill Messaged
H. 537.
Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled:
An act making appropriations for the support of government.
Was taken up for immediate consideration.
Senator Bartlett, for the Committee of Conference, submitted the following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:
H. 537. An act making appropriations for the support of government.
Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended 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 2008 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2008. It is the express intent of the general assembly 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, 2007. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2008 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 2008.
(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, 2008.
(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 792,281
Operating expenses 46,494
Grants 150,000
Total 988,775
Source of funds
General fund 769,743
Interdepartmental transfer 219,032
Total 988,775
(a) Of the above appropriation, $150,000 is made available for grants to be awarded on a competitive basis among the 11 existing regional marketing programs (RMP). In addition to these funds, the portion of the fiscal year 2007 RMP grant appropriation that was allocated to those RMPs which had not had their fiscal year 2007 grant plans approved by March 1, 2007 shall be carried forward to fiscal year 2008 to be added to the amount available for the fiscal year 2008 competitive grants.
(b) The number of grants and the amount of the grants shall be established by the secretary of administration. Review of the grant applications and award of the grants shall be carried out by the chief marketing officer in conjunction with the secretary of administration.
(c) Following award of the fiscal year 2008 grants, RMPs shall submit appropriately documented expenses, consistent with the approved grants, to the state for reimbursement.
(d) The establishment of one (1) new full-time exempt position – program director – is authorized in fiscal year 2008. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 5a. PROCTOR CANNON
(a) This section is intended to clarify the status of the historic Proctor Cannon. The cannon is owned by the state of Vermont, and has been used, maintained, and stored by the 2nd Battery Vermont Light Artillery since 1977. The commissioner of the department of housing and community affairs in consultation with the Vermont historical society shall obtain an independent assessment as to the current value and condition of the cannon and whether it can be safely used. A copy of the assessment report shall be provided to the house and senate committees on appropriations. The commissioner or designee on behalf of the state shall enter into an agreement with the 2nd Battery Vermont Light Artillery that allows the organization to continue to safely use, maintain, and store the cannon. The 2nd Battery Vermont Light Artillery shall be required to maintain the cannon at its currently assessed condition level and shall maintain adequate and appropriate levels of insurance for use, maintenance, and storage of the cannon. The agreement shall last for a period of five years and shall be extended for additional periods of five years as long as conditions in this section are met. Should the 2nd Battery Vermont Light Artillery organization disband or decline to extend the agreement, the commissioner shall take possession of the cannon and make a recommendation to the general assembly as to the future home of the cannon.
Sec. 6. GENERAL FUND REDUCTION
(a) The secretary of administration is directed to reduce operating expense appropriations by $155,814 in general funds throughout the executive branch of state government. It is the intent of the general assembly that all or a majority of this funding reduction shall result from lower in-state travel expenses. The administration shall continue to encourage departments and agencies to utilize Vermont interactive television for meetings. The secretary shall report to the joint fiscal committee in November of 2007 on the in-state travel or other operating expense reductions made as a result of this provision.
Sec. 7. EXEMPT POSITION REDUCTION AND VACANCY SAVINGS
(a) The secretary of administration shall reduce general fund appropriations by $250,000 in the executive branch of state government in fiscal year 2008 through the elimination of exempt positions, or leaving exempt positions vacant.
(b) No exempt positions may be created or transferred and converted from the position pool within the executive branch of government during fiscal year 2008 unless said positions have been approved by the general assembly or, when the general assembly is not in session, by the legislative joint fiscal committee at a scheduled meeting.
(c) The commissioner of human resources shall submit reports to the joint fiscal committee on the total positions available in the position pool ten days prior to its July and September meetings and any recommendations for reducing the total authorized positions in state government. The committee may recommend a cap on pool positions for fiscal year 2008.
Sec. 8. PAY ACT FUNDING
(a) The commissioner of finance and management shall submit a preliminary plan to the joint fiscal committee at its September/October 2007 meeting on levels of funding for the pay act for fiscal year 2008 funding. The report shall outline the funds available and any additional offsets the commissioner is planning to offer to meet pay act requirements.
(b) At the November meeting of the joint fiscal committee, the commissioner shall submit the following report:
(1) The allocation by department and section from the fiscal year 2008 pay act appropriation and the appropriation for pay act needs in Sec. 277 of this act and any other offsets to meet pay act needs;
(2) The source of funds and the specific percentage of need being met in each department from the allocation;
(3) Any proposed transfers between departments to meet pay act needs;
(4) A summary of fiscal impacts by department in fiscal year 2008 due to shortfalls in pay act funds and added assessments of internal service funds;
(5) A preliminary assessment of the administration’s intention to meet departmental pay act expense roll-outs for fiscal year 2009.
Sec. 8a. PAY ACT STUDY COMMITTEE
(a) The house and senate committees on government operations may meet up to three times to study the following:
(1) the reasonableness of differentiating compensation for employees whose salaries are established in statute based on years of service;
(2) the impact on state services and policies when the pay act is not fully funded;
(3) the effects of increasing exempt positions;
(4) the reasonableness of providing cost of living adjustments as well as step increases to higher salaried employees; and
(5) the feasibility and desirability of negotiating contracts that are longer in length.
Sec. 9. Information and innovation - communications and information technology
Personal services 4,560,326
Operating expenses 864,490
Grants 450,000
Total 5,874,816
Source of funds
General fund 115,000
Internal service funds 5,759,816
Total 5,874,816
(a) Of the above appropriation, $450,000 is for a grant to the Vermont telecommunications authority created by H. 248 of 2007.
Sec. 9a. Information and innovation – Vermont information technology leaders (VITL)
Personal services 726,664
Source of funds
General fund 395,000
Special funds 226,664
Global commitment fund 105,000
Total 726,664
(a) Of the above appropriation, $726,664, consisting of $395,000 in general funds, $105,000 in Global Commitment funds, and $226,664 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 $726,664 funds is contingent on the secretary of administration's approval of an annual plan submitted by VITL to coordinate VITL's activities with "the Vermont blueprint for health chronic care initiative" and other health care-related statewide information technology projects. Availability of the $726,664 shall also be contingent on the delivery by VITL of an update on 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 nonstate 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 $726,664 in this section shall not be available until the funding in Sec. 87(a) of No. 215 of the Acts of 2006 and 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. 9b. 22 V.S.A. Sec. 901(4) is amended to read:
(4) to review all information
technology requests for proposal with a value of over $10,000.00 in
accordance with agency of administration policies;
Sec. 10. Finance and management - budget and management
Personal services 996,256
Operating expenses 222,509
Total 1,218,765
Source of funds
General fund 980,379
Interdepartmental transfer 238,386
Total 1,218,765
Sec. 11. Finance and management - financial operations
Personal services 3,101,539
Operating expenses 1,244,265
Total 4,345,804
Source of funds
Special funds 70,903
Internal service funds 4,274,901
Total 4,345,804
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $5,325,761, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, are hereby approved. Of this amount, $1,050,860, plus the costs of fiscal year 2008 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 and $593,216, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, will be used to support the payroll function.
Sec. 12. Human resources - operations
Personal services 1,812,341
Operating expenses 234,848
Total 2,047,189
Source of funds
General fund 1,619,098
Interdepartmental transfer 428,091
Total 2,047,189
Sec. 13. Human resources - HR workforce planning & employment services
Personal services 777,332
Operating expenses 391,800
Total 1,169,132
Source of funds
General fund 871,371
Special funds 297,761
Total 1,169,132
Sec. 14. Human resources - information technology
Personal services 555,946
Operating expenses 494,914
Total 1,050,860
Source of funds
Internal service funds 1,050,860
Sec. 15. Human resources - employee benefits & wellness
Personal services 1,554,782
Operating expenses 372,323
Total 1,927,105
Source of funds
Internal service funds 1,927,105
Sec. 16. Libraries
Personal services 2,039,226
Operating expenses 1,645,315
Grants 70,000
Total 3,754,541
Source of funds
General fund 2,506,583
Special funds 298,584
Federal funds 860,814
Interdepartmental transfer 88,560
Total 3,754,541
Sec. 17. Tax - administration/collection
Personal services 12,058,379
Operating expenses 2,887,532
Total 14,945,911
Source of funds
General fund 14,060,178
Special funds 625,733
Tobacco fund 58,000
Interdepartmental transfer 202,000
Total 14,945,911
(a) In fiscal year 2008, the commissioner of taxes shall not send the taxpayer notices pursuant to 32 V.S.A. § 6066a(e) until the required notification and any materials the commissioner intends to send with it have been reviewed and approved by the governor, the speaker of the house of representatives, and the president pro tempore of the senate.
Sec. 18. Buildings and general services - administration
Personal services 1,936,700
Operating expenses 333,161
Total 2,269,861
Source of funds
Interdepartmental transfer 2,269,861
(a) The commissioner of the department of buildings and general services and the commissioner of the department of health in collaboration with the Vermont state employees' association shall develop a protocol for identifying and addressing current and potential health hazards in state office buildings. This protocol shall be submitted to the house and senate committees on institutions and the house committee on general, housing and military affairs and the senate committee on economic development, housing and general affairs for their review by January 15, 2008. As part of this protocol, a method shall be devised to keep the general assembly informed about sick building complaints.
Sec. 19. Buildings and general services - engineering
Personal services 1,926,241
Operating expenses 440,200
Total 2,366,441
Source of funds
General fund 2,321,441
Interdepartmental transfer 45,000
Total 2,366,441
Sec. 20. Buildings and general services - information centers
Personal services 3,507,600
Operating expenses 1,452,188
Grants 47,300
Total 5,007,088
Source of funds
General fund 4,957,088
Special fund 50,000
Total 5,007,088
(a) Of the above appropriation, $50,000 in special funds is appropriated to the friends of the state house to facilitate private fundraising for improvements to the state house in accordance with the conceptual plan dated January 13, 2006. No naming opportunities shall be offered in connection with fundraising efforts. These funds may not be used to supplant any existing personal service or operating expenses in state government.
Sec. 21. Buildings and general services - purchasing
Personal services 673,400
Operating expenses 202,657
Total 876,057
Source of funds
General fund 876,057
Sec. 22. Buildings and general services - public records
Personal services 847,200
Operating expenses 638,143
Total 1,485,343
Source of funds
General fund 1,174,083
Special funds 311,260
Total 1,485,343
Sec. 23. Buildings and general services - postal services
Personal services 645,800
Operating expenses 205,155
Total 850,955
Source of funds
General fund 20,000
Internal service funds 830,955
Total 850,955
Sec. 24. Buildings and general services - copy center
Personal services 722,315
Operating expenses 237,800
Total 960,115
Source of funds
Internal service funds 960,115
Sec. 25. Buildings and general services - fleet management services
Personal services 468,000
Operating expenses 188,820
Total 656,820
Source of funds
Internal service funds 656,820
Sec. 26. Buildings and general services - federal surplus property
Personal services 62,327
Operating expenses 83,919
Total 146,246
Source of funds
Enterprise funds 146,246
Sec. 27. Buildings and general services - state surplus property
Personal services 60,341
Operating expenses 74,196
Total 134,537
Source of funds
Internal service funds 134,537
Sec. 28. Buildings and general services - property management
Personal services 1,244,300
Operating expenses 2,917,817
Total 4,162,117
Source of funds
Internal service funds 4,162,117
Sec. 29. Buildings and general services - workers' compensation insurance
Personal services 1,199,838
Operating expenses 421,200
Total 1,621,038
Source of funds
Internal service funds 1,621,038
(a) Pursuant to 32 V.S.A. § 307(e), workers' compensation fund charges not to exceed $8,554,885 are hereby approved.
Sec. 30. Buildings and general services - general liability insurance
Personal services 269,723
Operating expenses 83,800
Total 353,523
Source of funds
Internal service funds 353,523
Sec. 31. Buildings and general services - all other insurance
Personal services 81,300
Operating expenses 34,628
Total 115,928
Source of funds
Internal service funds 115,928
Sec. 32. Buildings and general services - fee for space
Personal services 11,047,932
Operating expenses 10,976,702
Total 22,024,634
Source of funds
Internal service funds 22,024,634
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $22,024,634, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, are hereby approved.
(b) The commissioner shall prepare an analysis of the fee-for-space program with the objective of determining appropriate rates to charge departments that use state-owned buildings. The department shall conduct a pilot project that will analyze the cost associated with operating state-owned, noncorrectional buildings in the cities of Newport, Rutland, and Springfield. The analysis shall take into account the actual cost incurred by the state of operating the building, utilities, maintenance, and any other relevant costs. Local market rates for rental properties shall also be considered. The analysis shall assess the energy usage at each site and identify any energy efficiency measures that could be accomplished, consistent with the state’s effort to operate energy efficient buildings and include any specific recommendations as to how fee-for-space charges and employee incentives could be designed to provide incentives for energy efficiency. The analysis and any accompanying recommendations and proposed rates for fiscal year 2009 shall be presented to the joint fiscal committee at its September meeting for review.
(c) The department shall charge the department of fish and wildlife no more than $15,000 for the use of the cold storage facility in Essex Junction during fiscal year 2008.
Sec. 33. Geographic information system
Grants 430,210
Source of funds
Special funds 430,210
Sec. 34. Executive office - governor's office
Personal services 1,290,419
Operating expenses 363,028
Total 1,653,447
Source of funds
General fund 1,469,970
Interdepartmental transfer 183,477
Total 1,653,447
Sec. 35. Executive office - national and community service
Personal services 187,996
Operating expenses 126,191
Grants 1,357,662
Total 1,671,849
Source of funds
General fund 56,528
Federal funds 1,615,321
Total 1,671,849
Sec. 36. Legislative council
Personal services 1,924,939
Operating expenses 153,500
Total 2,078,439
Source of funds
General fund 2,078,439
Sec. 37. Legislature
Personal services 3,904,123
Operating expenses 2,899,885
Total 6,804,008
Source of funds
General fund 6,804,008
(a) Of the above appropriation, $450,000 shall be available for fiscal year 2008 expenditures of the health care reform commission created pursuant to 2 V.S.A. § 901. The health care information technology consultant paid for within this appropriation shall be jointly selected and supervised by the health care reform commission and the chairs of the house and senate committees on appropriations.
(b) It is the intent of the general assembly that funding for the legislature in fiscal year 2009 and beyond be included at a level sufficient to support an 18 week legislative session.
Sec. 38. Legislative information technology
Personal services 404,005
Operating expenses 217,253
Total 621,258
Source of funds
General fund 621,258
Sec. 39. Joint fiscal committee
Personal services 1,176,259
Operating expenses 94,509
Total 1,270,768
Source of funds
General fund 1,270,768
(a) The establishment of one (1) new full-time exempt position – Fiscal Analyst - is authorized in fiscal year 2008. This position shall be converted from the temporary research assistant position.
(b)
Effective June 24, 2007, the interim Medicaid Analyst position
(# 117017) shall be transferred to the Health Care Reform Commission as a
full-time exempt position.
Sec. 40. Sergeant at arms
Personal services 530,079
Operating expenses 68,292
Total 598,371
Source of funds
General fund 598,371
Sec. 41. Lieutenant governor
Personal services 137,937
Operating expenses 16,775
Total 154,712
Source of funds
General fund 154,712
Sec. 42. Auditor of accounts
Personal services 2,951,103
Operating expenses 142,030
Total 3,093,133
Source of funds
General fund 524,568
Special funds 54,431
Internal service funds 2,514,134
Total 3,093,133
(a) By February 15 of each calendar year, the state auditor of accounts shall report to the house and senate committees on appropriations any findings, issues, and recommendations arising from audit reports. Also by February 15, those agencies and departments that have outstanding audit recommendations shall submit plans to the house and senate committees on appropriations for addressing these issues.
Sec. 43. State treasurer
Personal services 2,316,050
Operating expenses 354,787
Grants 100,000
Total 2,770,837
Source of funds
General fund 1,130,214
Special funds 1,542,265
Private purpose trust funds 98,358
Total 2,770,837
(a) Of the above general fund appropriation, $50,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541, and $50,000 shall be deposited into the emergency personnel survivors benefit special fund established in 20 V.S.A. § 3175.
Sec. 44. FISCAL YEAR 2008 FUND REVERSION
(a) Of the general funds appropriated to the state treasurer, $70,000 shall revert to the general fund. This reversion shall be composed of $20,000 because there is an available balance in the armed services scholarship fund and $50,000 because there is an available balance in the emergency personnel survivors benefit special fund.
Sec. 45. State treasurer - unclaimed property
Personal services 627,773
Operating expenses 271,467
Total 899,240
Source of funds
Private purpose trust funds 899,240
Sec. 46. Vermont state retirement system
Personal services 23,139,549
Operating expenses 758,596
Total 23,898,145
Source of funds
Pension trust funds 23,898,145
(a) Notwithstanding 3 V.S.A. § 473(d), in fiscal year 2008, investment fees shall be paid from the corpus of the fund.
Sec. 47. Municipal employees' retirement system
Personal services 1,616,396
Operating expenses 398,293
Total 2,014,689
Source of funds
Pension trust funds 2,014,689
Sec. 48. State labor relations board
Personal services 171,500
Operating expenses 38,718
Total 210,218
Source of funds
General fund 204,348
Special funds 5,870
Total 210,218
Sec. 49. VOSHA review board
Personal services 32,052
Operating expenses 8,330
Total 40,382
Source of funds
General fund 20,192
Federal funds 20,190
Total 40,382
Sec. 50. Use tax reimbursement fund - municipal current use
Grants 8,861,267
Source of funds
General fund 8,861,267
Sec. 50a. Tax department - municipal tax - homeowner rebate
Grants 6,506,140
Source of funds
General fund 6,506,140
(a) The appropriation in fiscal year 2008 from the general fund for municipal homeowner rebates shall be added to the funds advanced to towns on July 1, 2007 under Sec. 176(a) of this act.
Sec. 50b. 32 V.S.A. § 6066a(g) is added to read:
(g) Annually, on August 1 and on September 15, the commissioner of taxes shall pay to each municipality the amount of property tax adjustment of which the municipality was notified on July 1 for the August 1 transfer, or September 15 for the September 15 transfer, related to municipal property tax on homesteads within that municipality, as determined by the commissioner of taxes.
Sec. 51. Lottery commission
Personal services 1,458,511
Operating expenses 1,069,761
Total 2,528,272
Source of funds
Enterprise funds 2,528,272
(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 development.
Sec. 52. Payments in lieu of taxes
Grants 3,450,000
Source of funds
General fund 50,000
Special funds 3,400,000
Total 3,450,000
(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. 53. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 54. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 55. Total general government 150,453,836
Source of funds
General fund 60,834,990
Special funds 7,313,681
Tobacco fund 58,000
Global Commitment fund 105,000
Federal funds 2,496,325
Enterprise funds 2,674,518
Internal service funds 46,386,483
Pension trust funds 25,912,834
Private purpose trust funds 997,598
Interdepartmental transfer 3,674,407
Total 150,453,836
Sec. 56. Protection to persons and property - attorney general
Personal services 7,094,267
Operating expenses 1,069,612
Total 8,163,879
Source of funds
General fund 4,530,747
Special funds 1,100,000
Tobacco fund 290,000
Federal funds 763,000
Interdepartmental transfer 1,480,132
Total 8,163,879
(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.
(b) The attorney general and the commissioner of the department of human resources shall report to the senate and house committees on appropriations and judiciary by January 15, 2008 on the number of attorneys serving in legal capacities employed in the executive branch of state government by the state of Vermont and the nature of each attorney position identified. The report shall:
(1) identify the agency of state government for which each attorney works and provides services;
(2) describe for each position whether the attorney is a staff attorney employed by the agency, an assistant attorney general employed by the attorney general while providing services to the agency, a contract attorney, or an attorney of some other status;
(3) identify and recommend cost savings that could be realized through changing the status of some or all of the identified attorney positions to staff attorneys, assistant attorneys general, contract attorneys, or some other status.
(c) Sums payable to the state of Vermont, as a consequence of settlement of a dispute with Purdue Pharma L.P. and related companies due to marketing practices shall be deposited into the Fees and Reimbursements Court Order special fund (#21638). The secretary of administration is authorized and directed to approve the expenditure of excess receipts from the fund due to these or other fees and reimbursements, with the receipts to be used as follows:
(1) Up to $500,000 as necessary to supplement funds reserved under subsection (d) of this section for payment of legal costs and charges arising from settlements of completed legal actions.
(2) Up to $1,700,000 as necessary to the department of buildings and general services which shall be used in addition to funds provided in the fiscal year 2008 capital construction bill to renovate space at the Pavilion Office Building at 109 State Street for the office of the attorney general.
(d) In fiscal year 2007, $1,000,000 in general funds shall be reserved and to the extent needed is hereby appropriated to the attorney general as necessary for payment of legal costs and charges arising from settlements of completed legal actions.
Sec. 57. Vermont court diversion
Grants 1,604,534
Source of funds
General fund 1,204,534
Special funds 400,000
Total 1,604,534
(a) Court diversion programs may use funds allocated in the appropriation above for increased wages and to maintain salaries and benefits.
Sec. 58. Defender general - public defense
Personal services 6,270,658
Operating expenses 768,028
Total 7,038,686
Source of funds
General fund 6,531,219
Special funds 502,467
Interdepartmental transfer 5,000
Total 7,038,686
Sec. 59. Defender general - assigned counsel
Personal services 2,889,376
Operating expenses 77,909
Total 2,967,285
Source of funds
General fund 2,842,021
Special funds 125,264
Total 2,967,285
Sec. 60. Judiciary
Personal services 26,882,091
Operating expenses 8,048,252
Grants 70,000
Total 35,000,343
Source of funds
General fund 30,267,034
Special funds 2,335,772
Tobacco fund 40,000
Federal funds 414,327
Interdepartmental transfer 1,943,210
Total 35,000,343
(a) The judiciary shall report to the joint fiscal committee at its November 2007 meeting on the status of collections of fines and penalties.
(b) At the end of fiscal year 2007, any unexpended balance of the appropriation made in Sec. 70(f)(4) of No. 93 of the Acts of 2006 as amended in Sec. 272 of No. 215 of the Acts of 2006 shall be deposited into the court technology special fund established in 4 V.S.A. § 27.
Sec. 61. 4 V.S.A. § 27 is added to read:
§ 27. Court technology special fund
There is established the court technology special fund which shall be managed in accordance with subchapter 5 of chapter 7 of Title 32. Administrative fees collected pursuant to 13 V.S.A. § 7252 and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this fund. The fund shall be available to the judicial branch to pay for contractual and operating expenses not covered by the general fund related to the following:
(1) The acquisition and maintenance of software and hardware needed for case management, electronic filing, a electronic document management system, and the expense of implementation, including training.
(2) The acquisition and maintenance of electronic audio and video court recording and conferencing equipment.
(3) The acquisition, maintenance, and support of the judiciary’s information technology network, including training.
Sec. 62. 13 V.S.A. § 7252 is amended to read:
§ 7252. Fines and penalties payable to state
All fines collected in prosecutions for offenses or for the breach of
a penal law, forfeitures, and penalties received by the district or
superior court or by the judicial bureau, except as provided in section
7251 of this title, shall belong and be paid to the state, except for a
$12.50 administrative charge for each offense or violation where a fine or
penalty is assessed. The administrative charge shall be deposited in the court
technology special fund established pursuant to 4 V.S.A. § 27.
Sec. 63. State's attorneys
Personal services 9,018,830
Operating expenses 1,214,714
Total 10,233,544
Source of funds
General fund 7,975,299
Special funds 151,097
Federal funds 25,000
Interdepartmental transfer 2,082,148
Total 10,233,544
Sec. 64. Special investigative unit
Grants 496,000
Source of funds
General fund 406,000
Special funds 90,000
Total 496,000
Sec. 65. Sheriffs
Personal services 2,848,849
Operating expenses 413,608
Total 3,262,457
Source of funds
General fund 3,262,457
(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.
Sec. 66. Public safety - administration
Personal services 1,837,909
Operating expenses 182,984
Total 2,020,893
Source of funds
General fund 1,945,925
Federal funds 74,968
Total 2,020,893
(a) Of the funds appropriated to the department of public safety, $26,000 shall be used to make a grant to the Essex County sheriff’s department. The commissioner may transfer this amount from line items in this appropriation or other department of public safety appropriations to implement this directive.
Sec. 67. Public safety - homeland security
Personal services 1,449,071
Operating expenses 6,730,040
Grants 1,050,000
Total 9,229,111
Source of funds
General fund 431,073
Federal funds 8,798,038
Total 9,229,111
Sec. 68. Public safety - state police
Personal services 38,085,058
Operating expenses 6,590,315
Grants 975,634
Total 45,651,007
Source of funds
General fund 8,320,468
Transportation fund 30,385,796
Special funds 2,825,423
Federal funds 3,558,334
Interdepartmental transfer 560,986
Total 45,651,007
(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.
Sec. 69. Public safety - criminal justice services
Personal services 5,942,894
Operating expenses 3,199,016
Grants 3,256,900
Total 12,398,810
Source of funds
General fund 760,000
Transportation fund 4,429,971
Special funds 1,433,512
Federal funds 5,151,813
Interdepartmental transfer 623,514
Total 12,398,810
Sec. 70. Public safety - emergency management
Personal services 1,629,045
Operating expenses 627,812
Grants 819,400
Total 3,076,257
Source of funds
Transportation fund 63,969
Special funds 123,664
Federal funds 2,888,624
Total 3,076,257
Sec. 71. Public safety - emergency management - radiological emergency response plan
Personal services 768,470
Operating expenses 221,980
Grants 705,985
Total 1,696,435
Source of funds
Special funds 1,696,435
(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.
(b) Of the above appropriation, $354,245 is to be transferred to the Vermont department of health.
Sec. 71a. 20 V.S.A. § 38(a)(3) is amended to read:
(3) The annual budget shall include anticipated expenditures to municipalities, county or state agencies, or other organizations necessary to support the radiological emergency response plan. The annual budget shall also include an annual base payment of no less than $5,000.00 for each town within the emergency planning zone for radiological emergency response-related expenditures and $4,500 for each town for pager stipends. Additional expenditures by 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 plan shall be determined during the budget development process established by this section. The annual budget so prepared shall include all costs for evacuation notification systems.
Sec. 72. Public safety - fire safety
Personal services 4,194,040
Operating expenses 1,411,643
Grants 50,000
Total 5,655,683
Source of funds
General fund 713,652
Special funds 4,343,105
Federal funds 395,279
Interdepartmental transfer 203,647
Total 5,655,683
(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. 73. Military - administration
Personal services 532,542
Operating expenses 162,838
Grants 200,000
Total 895,380
Source of funds
General fund 895,380
(a) Of the above appropriation, $200,000 shall be transferred to the Vermont student assistance corporation for the purposes of 16 V.S.A. §. 2856. It is the intent of the general assembly that each year hereafter, the funding level shall be sufficient make a $200,000 transfer unless carryforward funds are available within the scholarship program at a level of $350,000 when funds at the Vermont student assistance corporation are combined with this annual transfer.
(b) Total disbursements by the Vermont student assistance corporation under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2008.
Sec. 73a. Sec. 1(a) of No. 98 of the Acts of 2006 is amended to read:
(a) There is appropriated in fiscal year
2006 from the general fund the amount of $250,000.00 to the Vermont National Guard
to fund family support and counseling services to Vermont National Guard
members and their families through June 30, 2007. These funds shall
be available until expended. The funds shall be expended for:
* * *
Sec. 74. Military - air service contract
Personal services 4,153,098
Operating expenses 980,889
Total 5,133,987
Source of funds
General fund 399,579
Federal funds 4,734,408
Total 5,133,987
Sec. 75. Military - army service contract
Personal services 3,300,460
Operating expenses 5,780,134
Total 9,080,594
Source of funds
General fund 107,064
Federal funds 8,973,530
Total 9,080,594
Sec. 76. Military - building maintenance
Personal services 975,531
Operating expenses 441,925
Total 1,417,456
Source of funds
General fund 1,417,456
Sec. 77. Military - veterans' affairs
Personal services 356,622
Operating expenses 93,112
Grants 177,815
Total 627,549
Source of funds
General fund 569,430
Federal funds 58,119
Total 627,549
(a) Of the above appropriation, $15,000 shall be used for continuation of the Vermont medal program, $15,000 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. 78. Center for crime victims services
Personal services 1,236,878
Operating expenses 303,478
Grants 9,258,234
Total 10,798,590
Source of funds
General fund 1,125,020
Special funds 5,652,450
Federal funds 4,021,120
Total 10,798,590
(a) Of the above appropriation, $50,000 shall be for a grant to certified batterer intervention programs.
Sec. 78a. MEMORIAL GARDEN; LOAN
(a) The executive director of the center for crime victims services may lend up to $100,000, without interest, from the crime victims’ restitution special fund, created pursuant to 13 V.S.A. § 5363, to the memorial garden special account which can be used to provide funding to the department of buildings and general services for the purpose of constructing the courage-in-bloom memorial garden at the designated site between 10-12 Baldwin Street. The center for crime victims services shall repay the loan in annual installments made over a period not to exceed five years. The repayment of the loan is anticipated to come from fundraising by the center for crime victims services. The center shall report annually to the state treasurer on the payments and receivables related to the loan.
Sec. 78b. APPROPRIATION FOR DOMESTIC VIOLENCE PREVENTION
(a) There is appropriated the amount of $190,000 from the general fund to the center for crime victims services. The center shall use the funds to present grants to organizations that provide services to victims of domestic violence. These funds shall be used for programs that are designed to prevent domestic violence and are targeted at the needs of children in families affected by domestic violence. At the end of fiscal year 2008, any unexpended portion of this appropriation shall be carried forward and used for the same purpose.
Sec. 79. Criminal justice training council
Personal services 1,032,090
Operating expenses 991,816
Total 2,023,906
Source of funds
General fund 1,385,881
Special funds 510,393
Interdepartmental transfer 127,632
Total 2,023,906
Sec. 80. Agriculture, food and markets - administration
Personal services 907,195
Operating expenses 816,806
Grants 353,081
Total 2,077,082
Source of funds
General fund 1,297,384
Special funds 611,632
Federal funds 125,386
Interdepartmental transfer 42,680
Total 2,077,082
Sec. 81. Agriculture, food and markets - food safety and consumer protection
Personal services 2,620,156
Operating expenses 495,573
Grants 2,600,000
Total 5,715,729
Source of funds
General fund 1,732,864
Special funds 3,411,959
Federal funds 563,906
Interdepartmental transfer 7,000
Total 5,715,729
Sec. 82. Agriculture, food and markets - agricultural development
Personal services 752,331
Operating expenses 482,385
Grants 1,777,500
Total 3,012,216
Source of funds
General fund 743,958
Special funds 1,759,258
Federal funds 209,000
Interdepartmental transfer 300,000
Total 3,012,216
(a) Of the above special fund appropriation, $80,000 shall be used to support the mobile slaughterhouse.
(b) Of the above appropriation, $85,000 shall be used to support the farm-to-school program.
(c) Of the above appropriation, $40,000 shall be provided to the Food Education Every Day Program to enable the organization to provide farm-to-school education and teacher training services to more school districts and to assist the secretary of agriculture, food and markets and the commissioner of education to carry out farmer and food service worker training pursuant to Secs. 3(a) and 4 of No. 145 of the Acts of 2006.
Sec. 83. Agriculture, food and markets - laboratories, agricultural resource management and environmental stewardship
Personal services 2,779,046
Operating expenses 566,529
Grants 1,195,000
Total 4,540,575
Source of funds
General fund 1,890,910
Special funds 1,760,226
Federal funds 627,389
Interdepartmental transfer 262,050
Total 4,540,575
(a) Of the above appropriation, $145,000 shall be used for a grant to the Farmers Watershed Alliance.
Sec. 84. Agriculture, food and markets - state stipend
Grants 175,000
Source of funds
General fund 175,000
Sec. 85. Agriculture, food and markets - mosquito control
Personal services 20,000
Operating expenses 184,750
Total 204,750
Source of funds
Special funds 204,750
(a) Any appropriation in this section remaining at the end of fiscal year 2008 shall carry forward to fiscal year 2009.
Sec. 86. Banking, insurance, securities, and health care administration - banking
Personal services 1,241,297
Operating expenses 280,294
Total 1,521,591
Source of funds
Special funds 1,521,591
Sec. 87. 9 V.S.A. § 5613(e) is added to read:
(e) In any fiscal year in which revenues deposited in the banking supervision fund established by subsection 19(f) of Title 8 are insufficient to support the annual appropriation to the banking division, the commissioner may transfer no more than a sum necessary to meet the shortfall from the fund established by this section to the banking supervision fund.
Sec. 88. Banking, insurance, securities, and health care administration - insurance
Personal services 2,988,436
Operating expenses 535,850
Total 3,524,286
Source of funds
Special funds 3,524,286
Sec. 89. Banking, insurance, securities, and health care administration - captive
Personal services 3,032,154
Operating expenses 502,100
Total 3,534,254
Source of funds
Special funds 3,534,254
Sec. 90. Banking, insurance, securities, and health care administration - securities
Personal services 602,058
Operating expenses 136,750
Total 738,808
Source of funds
Special funds 738,808
Sec. 91. Banking, insurance, securities, and health care administration - health care administration
Personal services 4,913,775
Operating expenses 389,314
Total 5,303,089
Source of funds
General fund 316,000
Special funds 2,512,092
Global commitment fund 1,404,997
Federal funds 1,000,000
Interdepartmental transfer 70,000
Total 5,303,089
Sec. 91a. NONGROUP MARKET SECURITY TRUST
(a) The funds appropriated in Sec. 277(e)(2) of this act to the department of banking, insurance, securities, and health care administration for the nongroup market security trust shall not be expended until the commission on health care reform has approved the department’s plan for operating the trust in a manner consistent with the purpose of 8 V.S.A. § 4062d. No later than December 1, 2007, the commissioner of banking, insurance, securities, and health care administration shall provide the commission with a description of how the department would like to operate the trust, a description of how the plan conforms to the federal grant requirements from the Centers on Medicare and Medicaid Services (CMS), the statutory changes necessary to conform 8 V.S.A. § 4062d to the plan recommended by the department, and any other information requested by the commission.
(b) Notwithstanding 8 V.S.A. § 4062d(b), the commissioner may operate the trust in the manner approved by the commission on health care reform until such time as the statute is modified to reflect the approved plan.
Sec. 92. Banking, insurance, securities, and health care administration - administration
Personal services 1,099,435
Operating expenses 43,195
Total 1,142,630
Source of funds
Special funds 1,142,630
(a) The commissioner may transfer from the appropriation established for each division of the department of banking, insurance, securities, and health care administration to the appropriation in this section sums corresponding to the salary and associated personnel costs of legal counsel who are transferred to the division of administration.
Sec. 93. Secretary of state
Personal services 4,407,205
Operating expenses 1,229,060
Grants 1,000,000
Total 6,636,265
Source of funds
General fund 588,801
Special funds 3,972,462
Federal funds 2,000,000
Interdepartmental transfer 75,002
Total 6,636,265
(a) The corporation division of the secretary of state's office represents $492,991 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. § 5613.
(b) In fiscal year 2008, in addition to the funds appropriated above, $120,000 is appropriated from the Vermont campaign finance fund for the costs of the 2008 presidential primary.
Sec. 94. Public service - regulation and energy
Personal services 4,873,384
Operating expenses 687,463
Grants 5,770,007
Total 11,330,854
Source of funds
Special funds 10,138,054
Federal funds 1,157,800
Interdepartmental transfer 35,000
Total 11,330,854
Sec. 94a. 10 V.S.A. §6523 (3) is amended as follows:
(3) During fiscal years after FY 2006 up to five percent of amounts appropriated to the public service department from the fund may be used for administrative costs related to the clean energy development fund and after FY 2007 another five percent of amounts appropriated to the public service department from the fund not to exceed $300,000.00 in any fiscal year shall be transferred to the secretary of the agency of agriculture, food, and markets for agricultural and farm based energy project development activities.
Sec. 95. 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. 96. Public service board
Personal services 2,526,024
Operating expenses 300,000
Total 2,826,024
Source of funds
Special funds 2,826,024
(a) Notwithstanding any provision of law to the contrary, the general assembly authorizes the establishment of one (1) new full-time exempt position. The position shall be entitled “Chief Economist” and shall be converted from the permanent classified position of Chief Economist (#370002) within the public service board.
Sec. 97. Enhanced 9-1-1 Board
Personal services 2,003,841
Operating expenses 1,352,769
Total 3,356,610
Source of funds
Special funds 3,356,610
Sec. 98. Vermont racing commission
Operating expenses 1,000
Source of funds
General fund 1,000
Sec. 99. Human rights commission
Personal services 386,895
Operating expenses 95,694
Total 482,589
Source of funds
General fund 311,850
Federal funds 170,739
Total 482,589
Sec. 100. Liquor control - enforcement and licensing
Personal services 1,677,769
Operating expenses 389,890
Total 2,067,659
Source of funds
Tobacco fund 289,645
Enterprise funds 1,778,014
Total 2,067,659
Sec. 101. Liquor control - administration
Personal services 1,329,017
Operating expenses 407,719
Total 1,736,736
Source of funds
Enterprise funds 1,736,736
Sec. 102. Liquor control - warehousing and distribution
Personal services 757,159
Operating expenses 415,443
Total 1,172,602
Source of funds
Enterprise funds 1,172,602
Sec. 103. Total protection to persons and
property 239,896,137
Source of funds
General fund 82,338,006
Transportation fund 34,879,736
Special funds 62,437,620
Tobacco fund 619,645
Global Commitment fund 1,404,997
Federal funds 45,710,780
Enterprise funds 4,687,352
Interdepartmental transfer 7,818,001
Total 239,896,137
Sec. 104. Human services - agency of human services - secretary's office
Personal services 6,890,677
Operating expenses 2,676,686
Grants 4,487,973
Total 14,055,336
Source of funds
General fund 3,940,516
Special funds 7,517
Tobacco funds 612,021
Federal funds 4,954,088
Interdepartmental transfer 4,541,194
Total 14,055,336
(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 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 shall be for 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).
Sec. 104a. COMMUNITY-BASED ALTERNATIVES FOR CRIMINAL JUSTICE SERVICES
(a) There is a variety of community-based programs in Vermont that are alternatives to traditional criminal justice and correctional services. These include court diversion, restorative probation and street checker programs and community justice centers. The secretary of human services and the attorney general shall identify the various programs that provide these services and shall issue a report to the general assembly by December 15, 2007. The report shall include but not be limited to:
(1) A listing and a description of the various programs, annual caseload, and available information on cases by county, offenses, age, gender, and case outcomes;
(2) The amount and sources of funding for these programs. This shall include local, state, and federal funding support available to these programs;
(3) The relationship of these programs to other human services and criminal justice entities;
(4) Recommendations as to continuation, expansion, elimination, or consolidation of these programs or other changes that will result in more efficient and effective use of available resources;
(5) Information about models, practices, or programs of alternative justice from other states or localities.
Sec. 105. Secretary's office - Global Commitment
Grants 871,278,097
Source of funds
General fund 119,412,816
Special fund 15,270,557
Tobacco fund 29,609,240
State health care resources fund 157,186,147
Catamount fund 7,168,430
Federal funds 540,351,704
Interdepartmental transfer 2,279,203
Total 871,278,097
(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 for 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 $34,539,006 is anticipated to be certified as state matching funds under the Global Commitment as follows:
(1) $17,283,434 certified state match available from local education agencies. This amount combined with $24,881,566 of federal funds appropriated in this section equals a total estimated expenditure of $42,165,000 for eligible special education school-based Medicaid services under the Global Commitment. An amount equal to the amount of the federal matching funds for eligible special education school-based Medicaid services under Global Commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.
(2) $8,956,247 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.
(3) $4,215,210 certified state match available from local education and social service agencies for eligible services provided to eligible persons through children’s collaborative services programs.
(4) $1,859,703 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.
(5) $2,176,726 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.
(c) It is estimated that at least $10,273,557 of state funds will be carried forward from fiscal year 2007 to fund the Global Commitment managed care premium and global commitment administration costs in fiscal year 2008. Of this amount $7,300,000 is general funds that are available on a one-time basis. In the event the fiscal year 2008 general fund revenue forecast adopted at the July 2007 emergency board meeting exceeds the January 2007 forecast by at least $20,000,000, then $5,000,000 shall be considered fiscal year 2008 base funding.
Sec. 106. CATAMOUNT HEALTH ASSISTANCE; GLOBAL COMMITMENT WAIVER
(a) If the Centers for Medicare and Medicaid Services (CMS) has not responded to the Global Commitment for health waiver amendment request to fund Catamount Health Assistance with Medicaid funds, does not approve the request, or approves a lower income eligibility limit for Catamount Health Assistance by July 31, 2007, the commission on health care reform created pursuant to 2 V.S.A. § 901 shall consider whether to recommend to the emergency board:
(1) to proceed with the implementation of Catamount Health established under 4080f of Title 8, Catamount Health Assistance under subchapter 3a of chapter 19 of Title 33, employer-sponsored insurance program under section 1974 of Title 33, or a combination of the programs;
(2) to delay the implementation of some or all of the programs; or
(3) to exercise the option to suspend new enrollment or restrict enrollment to eligible lower income individuals under subsection 1974(e) or 1983(d) of Title 33.
(b) After receiving a recommendation by the health care commission, the emergency board shall consider the commission’s recommendation and shall make a determination no later than August 30, 2007 on whether to proceed with implementation, delay implementation, or exercise its authority under subsection 1974(e) or 1983(d) of Title 33.
Sec. 107. Rate setting
Personal services 739,407
Operating expenses 69,762
Total 809,169
Source of funds
Interdepartmental transfer 809,169
Sec. 108. Developmental disabilities council
Personal services 152,876
Operating expenses 40,817
Grants 299,558
Total 493,251
Source of funds
Federal funds 493,251
Sec. 109. Human services board
Personal services 287,458
Operating expenses 54,622
Total 342,080
Source of funds
General fund 50,063
Federal funds 11,993
Interdepartmental transfer 280,024
Total 342,080
Sec. 110. Office of Vermont health access - administration
Personal services 28,851,926
Operating expenses 1,561,980
Grants 980,000
Total 31,393,906
Source of funds
General fund 50,000
Global Commitment fund 30,281,112
Federal funds 700,000
Interdepartmental transfer 362,794
Total 31,393,906
(a) In order to implement S.115 of 2007, the director may utilize resources provided in the appropriation above until the funding resources in S.115 are available.
Sec. 110a. 33 V.S.A. § 1904(5) is amended to read:
(5) “Insurer” means any insurance company, prepaid health care delivery plan, self‑funded employee benefit plan, pension fund, hospital or medical service corporation, managed care organization, pharmacy benefit manager, prescription drug plan, retirement system, or similar entity that is under an obligation to make payments for medical services as a result of an injury, illness, or disease suffered by an individual.
Sec. 110b. 33 V.S.A. § 1907 is amended to read:
§ 1907. SUBROGATION
To the extent that payment for covered expenses has been made under the state Medicaid program or through any state agency administering health benefits or a health benefit plan for which Medicaid is a source of funding for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services. An insurer shall accept the agency’s right to recovery and the assignment to the agency of any right of a person to payment from the third party for medical services for which the agency has made payment under this chapter.
Sec. 110c. 33 V.S.A. § 1908 is amended to read:
§ 1908. MEDICAID; PAYER OF LAST RESORT; RELEASE OF INFORMATION
(a) Any clause in an insurance contract, plan or agreement which limits or excludes payments to a recipient is void.
(b) Medicaid shall be the payer of last resort to any insurer which contracts to pay health care costs for a recipient.
(c) Every applicant for or recipient of Medicaid under this subchapter is deemed to have authorized all third parties to release to the agency all information needed by the agency to secure or enforce its rights under this subchapter. The agency shall inform an applicant or recipient of the provisions of this subsection at the time of application for Medicaid benefits.
(d) At the agency’s request, an insurer shall provide the agency with the information necessary to determine whether an applicant or recipient of Medicaid under this subchapter is or was covered by the insurer and the nature of the coverage, including the member, subscriber, or policyholder information necessary to determine third party liability and other information required under subsection 9410(h) of Title 18. The agency may require the insurer to provide the information electronically.
(e) From funds recovered pursuant to this subchapter, the federal government shall be paid a portion equal to the proportionate share originally provided by the federal government to pay for medical assistance to a recipient or minor.
Sec. 110d. 33 V.S.A. § 1909 is amended to read:
§ 1909. DIRECT PAYMENTS TO AGENCY; DISCHARGE OF INSURER’S OBLIGATION
(a) When a recipient who is covered by the recipient’s or a legally liable representative’s insurer receives medical benefits under this subchapter, payment for covered services or notice of denial shall be issued directly to the provider.
(b) A provider shall indicate on any claim form submitted to an insurer for covered services whether or not the person receiving treatment is a recipient.
(c)(1) An insurer which receives notice that the agency has made payments to the provider shall pay benefits or send notice of denial directly to the agency. Receipt of an agency claim form by an insurer constitutes notice that payment of the claim was made by the agency to the provider and that form supersedes any contract requirements of the insurer relating to the form of submission.
(2) An insurer shall respond to any request made by the agency regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of such health care item or service.
(3) An insurer shall not deny a claim submitted by the agency solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point‑of‑sale that is the basis of the claim, if the claim is submitted by the agency within the three‑year period beginning on the date on which the item or service was furnished; and any action by the agency to enforce its rights with respect to a claim is commenced within six years of the agency’s submission of the claim.
(d) An insurer which has been notified of a claim by the agency under this section and proceeds to pay the claim to a person other than the agency is not discharged from payment of the agency’s claim.
(e) Payment to the agency by an insurer under this section discharges the insurer’s obligation for further payment on the claim to the extent of the amount paid.
Sec. 110e. 8 V.S.A. § 4062e is added to read:
§ 4062e. COMPLIANCE WITH MEDICAID RECOVERY PROVISIONS
A health insurer as defined in section 1904 of Title 33 that issues, sells, renews, or offers health insurance coverage in Vermont or who is required to be licensed or registered with the department shall comply with the requirements of sections 1907, 1908, 1909, and 1910 of Title 33. The commissioner shall enforce such requirements pursuant to his or her authority under this title.
Sec. 110f. OFFICE OF VERMONT HEALTH ACCESS; FEE SCHEDULE REVIEW
(a) The office of Vermont health access shall review the fee schedule for those Vermont Medicaid provider types that rely on the procedure codes other than the evaluation and management codes. A report shall be prepared that compares, where possible, the Medicaid fee to the Medicare fee and includes the estimated cost to close the gap between the two. The report shall be submitted to the house and senate committees on appropriations on or before June 30, 2008.
Sec. 110g. Medicaid Pharmacy Reimbursement
(a) The office of Vermont health access shall conduct an analysis of the impact of the federal final rule revising the federal upper limits for prescription drug reimbursement under the Medicaid program after it is implemented by the Centers on Medicare and Medicaid Services. The analysis shall include recommended reimbursement levels and dispensing fees, any appropriation amount necessary to increase or maintain the reimbursements and fees to the recommended levels, the revenue impact on the office, and specific information on the impact on pharmacies. The office shall request pharmacies in Vermont to provide actual acquisition cost data in the form and format necessary to conduct the analysis. A pharmacy that does not provide the requested information for the analysis may be excluded from receiving any recommended increase in reimbursement or dispensing fees.
(b) The office shall provide an interim report on its analysis and recommendations to the health access oversight committee at its September 2007 meeting and a final report no later than November 15, 2007.
(c) As part of its annual report, the health access oversight committee shall provide a recommendation on the issues relating to the changes to reimbursement contained in the deficit reduction act to the house and senate committees on appropriations for inclusion in the budget adjustment bill and include a recommendation that any suggested changes be retroactive to the beginning of the fiscal year.
Sec. 111. Office of Vermont health access - Medicaid program - Global Commitment
Grants 442,025,956
Source of funds
Global Commitment fund 442,025,956
(a) In fiscal year 2008, the office of Vermont health access shall increase the supplemental dental payment program by at least $50,000 over the level budgeted for fiscal year 2007.
Sec. 111a. GLOBAL COMMITMENT; GRIEVANCE AND APPEAL
RULES
(a) Beginning January 1, 2008 and every six months thereafter, the secretary of the agency of human services or designee shall report on the implementation of the grievance and appeal rules for Global Commitment for health and for Choices for Care, including the number and types of grievances, internal appeals, and appeals to the human services board, and the number of internal appeals that were reversed by the independent decision-maker.
(b) During the legislative session, the report shall be submitted to the house committees on human services and on health care and the senate committee on health and welfare. During the interim, the report shall be submitted to the health access oversight committee created pursuant to chapter 24 of title 2.
Sec. 111b. CHIROPRACTIC COVERAGE UNDER MEDICAID AND VHAP
(a) Effective on July 1, 2008, the agency of human services is directed to reinstate chiropractic coverage for adults in the Medicaid and VHAP programs consistent with section 4088a of Title 8 and at rates comparable to payments for care or services by other health care providers. The fiscal year 2009 Medicaid expenditure forecast adopted by the emergency board shall include the reinstatement of chiropractic coverage.
Sec. 112. Office of Vermont health access - Medicaid program - long-term care waiver
Grants 187,675,107
Source of funds
General fund 76,928,027
Federal funds 110,747,080
Total 187,675,107
Sec. 112a. Sec. 1 of No. 56 of the Acts of 2005 is amended to read:
Sec. 1. LONG-TERM CARE MEDICAID 1115 WAIVER; CHOICES FOR CARE
* * *
(b)(1) Outside the legislative session, the health access oversight committee shall have oversight for the development, implementation, and ongoing operation of any long-term care Medicaid waivers applied for and received by the agency of human services.
(2)(A) The secretary of human services shall report to the committee upon its request and annually to the general assembly by January 15.
(B) The department shall submit quarterly reports to the general assembly or the health access oversight committee about the utilization of services and expenses under Choices for Care. The reports shall also include a comparison of actual expenditures to estimated expenditures and projected expenditures for the remainder of the fiscal year.
* * *
(g)(1) Any savings realized due to the implementation of the long-term care Medicaid 1115 waiver shall be retained by the department and reinvested into providing home- and community‑based services under the waiver. If at any time the agency reapplies for a Medicaid waiver to provide these services, it shall include a provision in the waiver that any savings shall be reinvested.
(2) In its annual budget presentation, the department of disabilities, aging, and independent living shall include the amount of savings generated from individuals receiving home- and community-based care services instead of services in a nursing home through the Choices for Care waiver and a plan with details on the recommended use of the appropriation. The plan shall include the base appropriation; the method for determining savings; how the savings will be reinvested in home- and community-based services, including the allocation between increases in caseloads and increases in provider reimbursements; and a breakdown of how many individuals are receiving services by type of service.
(h) Any funds appropriated for long-term care under the long-term care waiver authorized under this act shall be used for long-term care services to recipients. In using these funds, the department shall give priority to services to individuals assessed as high and highest needs and meeting the terms and conditions of the waiver as approved by the Centers for Medicare and Medicaid Services. Any remaining funds from the long-term care appropriation may be used for other long-term care services as defined in subsection (i) of this section. The remaining funds shall be allocated and spent in ways that are sustainable into the future and do not create an unsustainable base budget. Any funds that are not spent in the year for which they were appropriated shall be carried over to the next fiscal year.
(h)(i) “Long-term care” means care or services received by
an individual in a nursing home, or through home- and community‑based
services designed to assist older Vermonters and people with disabilities to
remain independent and avoid inappropriate institutionalization. “Home- and
community‑based services” include:
* * *
Sec. 112b. REPEAL; SPECIAL RATE CHANGE
(a) Sec. 128(c) of No. 122 of the Acts of 2004 is hereby repealed.
Sec. 113. Office of Vermont health access - Medicaid non-waiver matched
Grants 58,390,811
Source of funds
General funds 21,845,389
Federal funds 36,545,422
Total 58,390,811
Sec. 114. Office of Vermont health access - Medicaid program - state only
Grants 29,124,517
Source of funds
General funds 28,869,330
Global Commitment fund 255,187
Total 29,124,517
Sec. 115. Health - administration and support
Personal services 5,623,417
Operating expenses 2,268,996
Grants 50,000
Total 7,942,413
Source of funds
Special funds 24,525
Global Commitment fund 1,812,709
Federal funds 6,101,179
Interdepartmental transfer 4,000
Total 7,942,413
Sec. 115a. DEPARTMENT OF HEALTH - ORGANIZATIONAL STRUCTURE
(a) The secretary of the agency of human services and the commissioner of finance and management shall present to the joint fiscal committee for approval a plan to realign the structure of the department of health. The plan shall include changes required as a result of Act No. 15 of 2007, establishing a department of mental health. If approved, the commissioner of finance is authorized to adjust the fiscal year 2008 appropriations of the department of health and the department of mental health, but may not alter the total amount appropriated from any funding source.
Sec. 116. 32 V.S.A. § 1003(e) is added to read:
(e) Notwithstanding the maximum salary established in subsection (b) of this section, the maximum salary for the commissioner of health may not exceed $150,000.00.
Sec. 117. Health - Blueprint for Health
Personal services 2,851,522
Operating expenses 385,783
Grants 1,570,403
Total 4,807,708
Source of funds
Global Commitment fund 2,933,398
Catamount fund 1,846,713
Federal funds 27,597
Total 4,807,708
(a) From the funds appropriated in this section, the department of health shall provide incentive grants and stipends to physician practices participating in the pilot projects developed under the Vermont blueprint for health established in section 702 of Title 18.
(b) In fiscal year 2009, monies appropriated for the blueprint for health from the Catamount fund established in 33 V.S.A. § 1986 shall not exceed $1,850,000.
Sec. 118. Health - health protection
Personal services 3,974,089
Operating expenses 757,012
Grants 1,789,500
Total 6,520,601
Source of funds
General fund 445,730
Special funds 1,313,121
Global Commitment fund 147,502
Federal funds 4,210,313
Interdepartmental transfer 403,935
Total 6,520,601
Sec. 119. Health - health surveillance
Personal services 9,710,579
Operating expenses 2,471,432
Grants 2,524,499
Total 14,706,510
Source of funds
General fund 1,901,636
Special funds 1,307,500
Global Commitment fund 2,498,893
Federal funds 8,923,937
Permanent trust funds 10,000
Interdepartmental transfer 64,544
Total 14,706,510
(a) The amount of $335,000 of the above general fund/Global Commitment fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services. 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 the community advisory group (CAG) with current information and data relating to service initiatives. The funds shall be allocated as follows:
(1) AIDS Project of Southern Vermont - $63,529
(2) ACORN - $25,225
(3) IMANI - $40,173
(4) VT CARES - $141,073
(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, and CAG. The department of health AIDS program shall be guided and advised by CAG 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. 120. Health - health improvement
Personal services 8,051,727
Operating expenses 1,038,409
Grants 12,101,405
Total 21,191,541
Source of funds
General fund 1,432,640
Special funds 729,800
Tobacco funds 2,780,225
Global Commitment fund 7,990,718
Federal funds 8,251,158
Interdepartmental transfer 7,000
Total 21,191,541
(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 deposited into the loan repayment fund established under 18 V.S.A. § 10a or 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.
(b) The above tobacco fund appropriation and $1,059,409 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 - $1,400,211; 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 Washington County Mental Health Agency, Inc. 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, $450,000 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, 2007, and 2008 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.
(e) Of the above appropriation, $160,000 is for development and implementation of a patient safety surveillance and improvement system established pursuant to 18 V.S.A. § 1913. 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 to be contributed from hospitals licensed in Vermont.
(f) Of the above Global Commitment fund appropriation, $1,400,000 shall be deposited into the Vermont educational loan repayment fund and used for the purposes of loan repayment for health care providers and health care educators pursuant to 18 V.S.A. § 10a to be allocated as follows:
(1) $700,000 to primary care physicians and health care professionals;
(2) $175,000 for dentists;
(3) $400,000 for nurses;
(4) $75,000 for nurse educators;
(5) $50,000 for disciplines based on emerging health care needs and workforce shortages.
(g) Of the above appropriation, $80,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program and nursing incentive loan program.
(h) Of the above appropriation, $1,090,000, which includes $500,000 of federal substance abuse grant funds, is for the coordinated healthy activity, motivation, and prevention programs to be used for community wellness grants awarded pursuant to 18 V.S.A. § 104b.
(i) In the event payment of strategic tobacco payments made to the state under the master tobacco settlement exceed $13,000,000 in fiscal year 2008, then, up to $500,000 of the excess amount shall be appropriated from the tobacco litigation settlement fund to the department of health to be spent based on the recommendation of the Vermont tobacco control board. These funds shall be in addition to funds appropriated above.
(j) Of the above Global Commitment funds, $440,000 shall be used to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families.
(k) Of the above Global Commitment funds, $200,000 shall be used for federally qualified health center (FQHC) look-alike uncompensated care pool funds. All or a portion of these funds shall be reallocated to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families, if federal Section 330 grant funds awards are received by Vermont look-alike FQHCs before June 30, 2007. Any reallocation of these funds shall be pro-rated; fairly based on federal awards received.
Sec. 121. Health - community public health
Personal services 14,449,064
Operating expenses 2,127,292
Grants 21,581,824
Total 38,158,180
Source of funds
General fund 900,638
Special funds 3,231,400
Global Commitment fund 15,830,919
Catamount fund 4,000,000
Federal funds 14,080,223
Interdepartmental transfer 115,000
Total 38,158,180
Sec. 122. Health - alcohol and drug abuse programs
Personal services 9,360,208
Operating expenses 1,097,983
Grants 20,712,146
Total 31,170,337
Source of funds
General fund 3,229,571
Special funds 235,499
Tobacco funds 2,382,834
Global Commitment fund 16,461,136
Federal funds 8,711,297
Interdepartmental transfer 150,000
Total 31,170,337
(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 is able 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, $150,000 shall be used to support the gambling addiction program.
(d) Of the funds appropriated above, $35,000 shall be used to support the drug court program in Chittenden County, $25,000 shall be used to support the drug court program in Rutland County, and $25,000 shall be used for court coordination in Bennington County.
(e) The department of health shall be advised by an executive council of Vermont’s recovery center network on an ongoing basis to prioritize service and funding needs for recovery centers, to assist with the review of recovery center funding proposals, and to provide recommendations for disbursement of funds to the recovery centers and their support needs. This executive council will consist of a board member of each recovery center. The executive council will hire a network coordinator with the appropriation in subsection (f) of this section. The network coordinator will work for the executive council and provide technical assistance and training to recovery centers. The executive council, working with the department of health, will have oversight of the recovery centers.
(f) Of the above appropriation, $45,000 shall be granted to the Vermont recovery center network.
Sec. 122a. PUBLIC INEBRIATE PROGRAM STUDY
(a) There are questions about the continuing relevance and applicability of the existing inebriate statutes, as well as concerns about the funding, program policies, and availability of services to individuals classified as “public inebriates.” This complex public health issue transcends medical, criminal, and public policy arenas and has significant economic impact across several state agencies. As a result of the complexity of this public health problem, the department of health is directed to convene a study committee to evaluate the current practice and policy in this area and make recommendations for improvements.
(b) The study committee shall include representatives from:
(1) the office of the defender general;
(2) public safety and local law enforcement;
(3) hospitals;
(4) public treatment programs;
(5) emergency services workers, including emergency medical technicians;
(6) transportation services;
(7) department of corrections personnel;
(8) peer recovery staff.
(c) Recommendations included in the study shall include but not be limited to changes in statutes, program protocols, and resources used to address this important issue. The department shall report on the results of this review to the house and senate committees on appropriations, the house committee on human services, and the senate committee on health and welfare no later than January 15, 2008.
Sec. 122b. SUBSTANCE ABUSE TREATMENT SYSTEM; REPORT AND PLAN
(a) While over the past four years systematic efforts have been made to enhance prevention and treatment services in communities across Vermont, and partnerships have been engaged between the agency of human services, courts, community providers, and schools, substance abuse presents a major health challenge to Vermonters and their families:
(1) Early use by youth results in a high number of teens and preteens using alcohol and drugs regularly.
(2) Untreated problems develop into serious addictive disorders in the adult population.
(3) The growing number of individuals incarcerated due to their drug/alcohol use presents a challenge to the criminal justice system.
(4) Crises resulting from severe alcoholism and drug dependence stress our emergency rooms and corrections facilities.
(b) The department of health shall convene a high level task force to include representation and participation from members of the preferred provider treatment system, to review the treatment services currently in place and to identify how to integrate them into a more systematic response to addictive problems.
(1) The task force will work with staff to analyze the population projected to be in need of treatment services, and will create a design for the services needed in communities by level of care, and to support long-term recovery. This plan should be based on the Blueprint for Health chronic care approach.
(A) Agency of human services field directors and district health directors shall map local services across the continuum of care and across the sectors from health to criminal justice. These maps will inform the task force’s analysis of the services and supports that are currently available.
(2) The analysis shall be evidence-based and project numbers of people that can be diverted from more expensive and crisis-oriented services if we build a more continuous, recovery-based system of supports. Of particular interest is savings that can be realized in the department of corrections.
(3) The analysis shall also look at workforce preparation and what needs to be done to develop a mechanism for clinicians to be certified to treat co-occurring mental health and substance abuse disorders.
(c) The department shall prepare and submit a report and plan by January 15, 2008 to the house and senate committees on appropriations.
Sec. 123. Mental health - mental health
Personal services 4,653,064
Operating expenses 640,626
Grants 126,737,194
Total 132,030,884
Source of funds
General fund 698,116
Global Commitment fund 127,296,709
Federal funds 4,036,059
Total 132,030,884
(a) Of the above appropriation, $110,000 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 department shall ensure that the mental health and substance abuse treatment needs are fully funded for eligible children, adolescents, and community rehabilitation and treatment (CRT) program beneficiaries with co-occurring substance abuse and mental health disorders. The department shall work with the designated service provider agencies and report to the general assembly in January 2008 as to the funds expended to date and as to the adequacy of funding for the remainder of the fiscal year.
(c) Success Beyond Six is a fiscal mechanism that allows local schools and local designated agencies for community mental health services to enter into contractual relationships for school-based service provision supported in part through state-approved Medicaid billing in the department of health – mental health division. This fiscal mechanism has reduced the schools’ cost in providing these services by up to 60 percent. To date, however, these contracts have been approved conditioned on compliance with Medicaid rules and general fiscal management, not specifically on best practice, efficiency or outcome models. Under Vermont’s Global Commitment for Health Waiver, Medicaid is no longer an unlimited funding stream; rather it must be managed to a fixed capped amount. The secretary of the agency of human services and the commissioner of education shall convene a summer study group to ensure that expenditures in this area utilize best practices, yield positive outcomes, and are managed to a predictable rate of growth.
(1) This study will result in recommendations regarding:
(A) Mechanisms for managing Success Beyond Six services in a capped Medicaid environment to ensure the effective delivery of services to school-age children and controlled growth;
(B) Prioritizing Success Beyond Six populations and/or services for growth within the constraints of the waiver cap. This will include exploring whether prevention and mental health wellness programs can or should be funded within this model;
(C) Decreasing administrative burdens of service provision whereever possible.
(2) A report on the recommendations and a plan for implementation by the agency of human services and department of education will be presented to the house committees on education and on human services and the senate committees on education and on health and welfare no later than January 15, 2008.
Sec. 124. Mental health - Vermont state hospital
Personal services 19,039,338
Operating expenses 1,819,499
Grants 3,000
Total 20,861,837
Source of funds
General fund 20,341,837
Special funds 170,000
Federal funds 50,000
Interdepartmental transfer 300,000
Total 20,861,837
Sec. 124a. COMMISSIONER OF MENTAL HEALTH; VERMONT MENTAL HEALTH SERVICES
(a) The commissioner of mental health shall be responsible for the implementation of a comprehensive strategic plan for the delivery of services currently provided by the Vermont state hospital developed as part of long-range planning for a comprehensive continuum of care for mental health services.
(b) The principles guiding implementation of the comprehensive strategic plan for the delivery of services including those currently provided by the Vermont state hospital shall include the following:
(1) an understanding of the role of active treatment within the goal of recovery;
(2) an understanding of the role of trauma in the lives of individuals;
(3) accessible general medical care;
(4) minimal use of involuntary interventions such as seclusion, restraint, and involuntary medication;
(5) staff training in the use of safe and appropriate alternatives to involuntary interventions;
(6) consumers’ participation in the development and implementation of their treatment plans;
(7) consumers’ right to privacy and the right to have information regarding their care remain confidential, unless disclosure is authorized by the consumer or required under the law;
(8) ongoing consumer and community input with regard to program oversight and development; and
(9) accountability for all components of the mental health care system.
Sec. 124b. Sec. 141c of No. 122 of the Acts of 2004 (creating the mental health oversight committee), as amended by Sec. 293a of No. 215 of the Acts of 2006 (extending sunset to July 1, 2009; requiring progress report), is amended as follows:
Sec. 141c. THE MENTAL HEALTH OVERSIGHT COMMITTEE
(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 mental health services. The
committee shall be composed of one member from each of the house committees on
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.
(b) The committee shall review whether
the secretary’s study on the department of developmental and mental health
services designated agency provider system required in Sec. 141 of this act,
the strategic plan for developing alternatives to the Vermont state hospital
required in Sec. 141a of this act, and the department of corrections mental
health services plan achieve the goals and principles stated herein
effectively, efficiently, and satisfactorily, including that the findings and
recommendations of the reports are coordinated and complementary. The
committee shall specifically: Members of the committee shall serve as
the liaison to their respective legislative standing committees with primary
jurisdiction over the various components of Vermont’s mental health system.
The committee shall work with, assist, and advise the other committees of the
general assembly, members of the executive branch, and the public on matters related
to Vermont’s mental health system.
(1) solicit input from
individuals and their families served by the mental health system;
(2) monitor the study and
planning processes and time lines;
(3) measure the efforts of the
agency of human services against the goals and principles described in this
act; and
(4) review and approve, modify,
or disapprove the recommendations contained in the reports required by Secs.
141 and 141a of this act and authorize preliminary implementation steps for
developing alternatives to the services currently provided by the Vermont state
hospital developed within the context of long-range planning for a
comprehensive continuum of care for mental health services.
(c) Based on the reports required by
Secs. 141, 141a, and 141b of this act, the committee shall recommend areas of
further study needed to develop a comprehensive continuum of care for mental
health services.
(d) The committee is authorized to
meet up to six times per year while the general assembly is not in session to
perform its functions under this section.
(e)(d) The secretary of
the agency of human services commissioner of mental health shall
report to the committee as required by the committee and Secs. 141 and 141a
of this act and this section.
(f)(e) Members of the
committee shall be entitled to compensation and reimbursement for expenses
under section 406 of Title 2.
(g)(f) The secretary of
administration, the legislative council, and the joint fiscal office shall
provide staff support requested by the committee.
(h)(g) 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, 2009.
Sec. 124c. REPEAL
(a) Sec. 141a of No. 122 of the Acts of 2004 (creating the VSH future planning advisory group), as amended by Sec. 293 of No. 215 of the Acts of 2006 (extending sunset to July 1, 2009), is repealed.
Sec. 124d. ADVISORY COUNCIL FOR MENTAL HEALTH SERVICES TRANSFORMATION
(a) It is the intent of the general assembly that all mental health programs, services, and supports, including inpatient psychiatric services, be provided to individuals with psychiatric disabilities or diagnoses or emotional disorders in a holistic, comprehensive continuum of care, that consumers be treated at all times with dignity and respect, that public resources be allocated efficiently and produce the best positive outcomes, and that direct services overseen and provided by the agency of human services and its community partners be client- and family-centered and ‑driven, accessible, and culturally competent.
(b) There is created an advisory council for mental health services transformation. Members of the council shall be appointed by the commissioner of mental health and shall include consumers and their family members.
(c) Members of the council not receiving compensation for service on the council from another source are entitled to compensation under section 1010 of Title 32.
(d) The commissioner of mental health shall coordinate and staff the council for the purpose of seeking input on mental health program options and policies and ensuring that such programs and policies are consistent with the legislative intent stated in subsection (a) of this section.
(e) For purposes of this section, the council shall cease to exist on July 1, 2009.
Sec. 124e. Sec. 1(c) of No. 9 of the Acts of 2007, is amended to read:
(c) Notwithstanding any provision of law
to the contrary, the remaining balance of the $1 million appropriated in Sec.
271(a)(3) of No. 215 of the Acts of the 2005 Adj. Sess. (2006) shall remain
not be subject to the requirements as directed in Sec. 4 of No. 147
of the Acts of the 2005 Adj. Sess. (2006), subdivisions (a)(2)(A)(ii) (a)(2)(A)
(work necessary to complete a conceptual certificate of need application and a
certificate of need application in connection with the Futures Plan) and
(a)(2)(B) (itemization approved by MHOC and JFC), and shall be available
for use by the department of buildings and general services for the agency of
human services to continue planning, designing, and permitting associated with
the creation of a new inpatient facility to replace the current Vermont state
hospital as authorized by the conceptual certificate of need and necessary
to complete an application for a certificate of need under subchapter 5 of
chapter 221 of Title 18, except such funds expended for consulting services
described in subsection (d) of this section. During the legislative
interim, however, the agency regularly shall inform the mental health oversight
committee of expenditures made under this subsection.
Sec. 125. Health - medical practice board
Personal services 617,224
Operating expenses 407,785
Total 1,025,009
Source of funds
Special funds 905,009
Global Commitment fund 120,000
Total 1,025,009
Sec. 126. Department for children and families - administration & support services
Personal services 33,748,978
Operating expenses 6,094,778
Grants 1,150,215
Total 40,993,971
Source of funds
General fund 12,377,866
Global Commitment fund 12,890,508
Federal funds 14,815,041
Interdepartmental transfer 910,556
Total 40,993,971
(a) Of the above appropriation, $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. Department for children and families - family services
Personal services 20,267,158
Operating expenses 3,118,322
Grants 63,287,929
Total 86,673,409
Source of funds
General fund 16,270,209
Special funds 1,756,152
Tobacco funds 75,000
Global Commitment fund 41,832,990
Federal funds 26,059,058
Interdepartmental transfer 680,000
Total 86,673,409
(a) Of the above appropriation, up to $100,000 may be allocated for teen parent education programs.
Sec. 127a. 15A V.S.A. § 1-113 is amended to read:
§ 1-113. CRIMINAL RECORD CHECKS
(a) Criminal record checks required under this title shall be obtained as provided in this section.
(b) The commissioner of the department of
social and rehabilitation services for children and families or any
judge of the probate court shall obtain from the Vermont criminal information
center the record of Vermont convictions and pending criminal charges for any
person being evaluated to be an adoptive parent.
(c) The commissioner or probate judge, through the Vermont criminal information center shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.
(d) If no disqualifying record is
identified at the state level, the The commissioner or probate judge
through the Vermont criminal information center shall request from the Federal
Bureau of Investigation (FBI) a national criminal history record check of the
applicant’s convictions and pending criminal charges. The request to the FBI
shall be accompanied by a set of the applicant’s fingerprints and a fee
established by the Vermont criminal information center which shall be paid by
the applicant and shall reflect the cost of obtaining the record from the FBI.
(e) The Vermont criminal information center shall send to the requester any record received pursuant to this section or inform the requester that no record exists.
(f) The requester shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont criminal information center.
(g) Upon completion of the applicant process under this section, the applicant’s fingerprint card and any copies thereof shall be destroyed.
Sec. 127b. 33 V.S.A. § 309 is amended to read:
§ 309. ACCESS TO RECORDS
(a)(1) The commissioner may obtain from the Vermont crime information center the record of convictions of any person to the extent the commissioner has determined by rule that such information is necessary to regulate a facility or individual subject to regulation by the department.
(2) In cases involving the prospective placement of a child in foster care, the commissioner shall for any prospective foster parent:
(A) Obtain from the Vermont criminal information center the record of Vermont convictions and pending criminal charges.
(B) Request, through the Vermont criminal information center, from the Federal Bureau of Investigation (FBI) a national criminal history record check of the prospective foster parent. The request to the FBI shall be accompanied by a set of the applicant’s fingerprints, and a fee established by the Vermont criminal information center shall reflect the cost of obtaining the record from the FBI.
(3) The department shall bear all costs for obtaining criminal records for prospective foster parents licensed by the department.
(4) The commissioner shall first notify receive
written authorization from the person whose record is being requested before
requesting the record from the Vermont crime information center.
(b)(1) The owner or operator of a facility or program
licensed or, registered, or otherwise regulated by the
department may ask the commissioner for the record of convictions criminal
record and the record of substantiated reports of child abuse and
neglect registry record of the following individuals:
(A) a current employee or;
(B) a person to whom the owner or operator has given a conditional offer of employment; or
(C) any other person to the extent the commissioner has determined by rule that such information is necessary to regulate a facility or program.
(2) The request shall be in writing and shall be accompanied by a
release signed by the current or prospective employee person whose
record is sought. The owner or operator release form shall
inform the current or prospective employee person that he or she
has the right to appeal the accuracy and completeness of the record. Upon
receiving a request under this subsection, the commissioner shall ask the Vermont crime information center for the record of convictions of the current or
prospective employee and shall promptly search the child abuse and neglect
registry.
(c) If the person has a record of convictions, the commissioner shall
provide the owner or operator of the facility or program that is licensed,
registered, or otherwise regulated by the department with a copy of the
record. If the person has a record of substantiated reports of child abuse
in the child abuse and neglect registry, the commissioner shall inform
the requesting owner or operator that such record exists.
(d) Information released to an owner or operator under this
section shall not be released or disclosed by the owner or operator to
any other person except as authorized by law. Release or disclosure of
such information by an owner or operator may result in loss of license or,
registration, or certification.
(e) As used in this section,:
(1) “Commissioner” means the commissioner or the commissioner’s designee.
(2) “Employee” shall include volunteers.
(3) “Substantiated reports of child abuse” “Child abuse and
neglect registry record” means reports of child abuse substantiated under
section 4915 of this title and entered into the child abuse and neglect
registry maintained by the department pursuant to chapter 49 of this title.
(4) “Volunteer” means an individual who without compensation provides services through a public or private organization.
Sec. 128. Department for children and families - child development
Personal services 2,943,906
Operating expenses 762,228
Grants 48,629,569
Total 52,335,703
Source of funds
General fund 21,585,001
Special funds 865,000
Global Commitment fund 3,040,746
Federal funds 26,619,204
Interdepartmental transfer 225,752
Total 52,335,703
Sec. 129. Department for children and families - office of child support
Personal services 9,027,353
Operating expenses 3,797,607
Total 12,824,960
Source of funds
General fund 2,535,052
Special funds 455,718
Federal funds 9,446,590
Interdepartmental transfer 387,600
Total 12,824,960
Sec. 130. Department for children and families - office of economic opportunity
Personal services 223,699
Operating expenses 80,705
Grants 5,253,337
Total 5,557,741
Source of funds
General fund 1,038,546
Special funds 57,340
Federal funds 4,210,782
Interdepartmental transfer 251,073
Total 5,557,741
(a) Of the above general fund appropriation, $692,000 shall be granted to community agencies for homeless assistance by preserving existing services, 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. 131. Department for children and families - OEO - weatherization assistance
Personal services 159,531
Operating expenses 129,950
Grants 7,735,000
Total 8,024,481
Source of funds
Special funds 6,745,753
Federal funds 1,278,728
Total 8,024,481
(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) the 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. 132. 33 V.S.A. § 2503(g) is amended to read:
(g) On
or before August 7 of each year, the director of the state economic opportunity
office shall set aside a sum of money equaling 12 and one-half two
and one-half percent of the tax receipts of the fuel gross receipts tax for
the preceding fiscal year in an escrow account. The monies in the escrow
account are to be used for rebate, as approved under subsections (e) and (f) of
this section, of the gross receipts tax established in subsection (a) of this
section. Upon approval of rebates, the director shall pay the approved rebates
out of the escrow account. In the event that the approved rebates exceed the amount
of money set aside in the escrow account, the director shall prorate each
rebate. Any balance of rebate awards remaining unpaid as a result of proration
may be carried forward for payment in a succeeding year. If monies set aside
exceed approved rebates, then the balance shall be returned to the trust fund.
The director of the state economic opportunity office shall use the remainder
of the tax receipts of the fuel gross receipts tax for the preceding fiscal
year to assure the provision of weatherization services as described in
subsections (a), (b) and (c) of section 2502 of this title.
Sec. 133. Department for children and families - Woodside rehabilitation center
Personal services 2,632,506
Operating expenses 624,317
Total 3,256,823
Source of funds
General fund 3,201,931
Interdepartmental transfer 54,892
Total 3,256,823
Sec. 134. Department for children and families - disability determination services
Personal services 3,221,300
Operating expenses 574,946
Total 3,796,246
Source of funds
Federal funds 3,549,729
Interdepartmental transfer 246,517
Total 3,796,246
Sec. 135. Department for children and families - aid to aged, blind and disabled
Personal services 1,570,699
Grants 9,791,580
Total 11,362,279
Source of funds
General fund 7,612,279
Global Commitment fund 3,750,000
Total 11,362,279
(a) The commissioner in collaboration with the joint fiscal office shall perform an analysis comparing the cost of having the federal government process the supplemental benefit checks versus having the state or a private contractor process the checks. The analysis shall include the cost of switching the responsibility for the check processing from the federal government to the state, the most effective time frame to effectuate the switch, and the potential savings from having the state process the checks. The results of the analysis shall be presented to the house and senate committees on appropriations by December 1, 2007.
Sec. 136. Department for children and families - general assistance
Grants 4,376,259
Source of funds
General fund 2,854,939
Global commitment fund 410,000
Federal funds 1,111,320
Total 4,376,259
(a) Of the above appropriation, $527,000 in federal TANF funds and $50,000 in general funds are allocated to the department for children and families to provide families with rental or mortgage arrearage assistance under section 2114 of Title 33.
(b) Of the above appropriation, 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. 137. 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 assistance program within the general assistance program to create flexibility to provide these general assistance benefits. The purpose of the pilot program is to mitigate poverty and serve applicants more effectively than they are currently served with the same amount of general assistance funds. The pilot program shall operate consistent within existing statutes and rules except that it may grant exceptions to this program’s eligibility rules and may create programs and services as alternatives to these rules during the period of the pilot program.
(b) The agency shall engage interested parties in the design and implementation of the pilot program. The interested parties involved may include both statewide groups and local agencies and groups in the districts where the pilot programs is expected to be implemented.
(c) The pilot program may operate in up to three districts designated by the secretary of human services. This program will be budget neutral. For each district in which the agency operates the program, it shall establish procedures for evaluating the pilot and its effects. The agency shall report annually to the general assembly on its findings from the programs, its recommendations for changes in the general assistance program, and a plan for further implementation of the program.
(d) The department for children and families shall evaluate the general assistance pilot projects established pursuant to Sec. 137a of No. 215 of the Acts of 2006 to determine whether the pilot projects are meeting the objectives of serving applicants for general assistance more effectively and mitigating poverty without increasing the amount of funds for the program. The evaluation shall include an analysis of the effect of the modifications to the general assistance program on the outcomes for applicants.
(e) The department shall report to the house committees on appropriations and human services and the senate committees on appropriations and health and welfare no later than January 1, 2008 with a summary of the evaluation of the pilots and any recommended changes to the general assistance program.
Sec. 138. Department for children and families - reach up
Grants 39,205,606
Source of funds
General fund 12,677,114
Special funds 19,403,000
Global Commitment fund 45,685
Federal funds 7,079,807
Total 39,205,606
Sec. 139. MAINTENANCE-OF-EFFORT; FUNDING; EARNED INCOME TAX CREDIT
(a) The department for children and families shall analyze state-funded programs to determine whether the programs meet the federal requirements for TANF maintenance-of-effort in order to maximize the excess maintenance-of-effort available to the state, to increase state flexibility in operating the state’s TANF-funded, solely state-funded, and separate state-funded programs, and to avoid federal financial penalties.
(b) Beginning in state fiscal year 2007, the department of taxes shall record and report the amount of earned income tax credit provided to families which include a dependent child to the department for children and families. The department for children and families shall claim this amount as a use of federal temporary assistance for needy families (TANF) block grant funds. The amount reported shall meet the requirements of federal law for purposes of reporting the TANF block grant funds.
Sec. 140. 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, 2008.
Sec. 141. 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.
Sec. 142. 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 2008 and all unexpended LIHEAP funds granted to the state in fiscal year 2007 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, 2007, 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 2007-2008 crisis set-aside and seasonal home heating fuel assistance through December 31, 2007, and LIHEAP funds awarded as of December 31, 2007 for fiscal year 2008 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not be made prior to January 30, 2008. 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, 2007, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.
(c) The secretary of the agency of human services shall propose to the joint fiscal committee at the committee’s July, 2007 meeting a margin over rack pricing agreement and a fixed price agreement for the purchase of heating fuel. The committee shall review the proposals and make a determination as to whether one of the proposals should be approved. The intent is to maximize the purchasing power of public funds used in connection with the home heating fuel assistance program. The proposal required by this section shall include recommendations, where feasible, for all applicable fuels purchased by program beneficiaries.
Sec. 142a. FUEL ASSISTANCE; ASSET LEVEL REPORT
(a) The commissioners of the department for children and families and the department of disabilities, aging, and independent living shall assess the asset eligibility levels for Vermont’s seasonal home heating assistance program, including but not limited to how any increase in such levels would increase caseloads and impact benefits. In preparing the assessment, the commissioners shall consult with the Home Energy Assistance Task Force established pursuant to 33 V.S.A. § 2501a(c). The commissioners shall report their findings to the house and senate committees on appropriations on or before January 15, 2008.
Sec. 143. 33 V.S.A. § 2604(a) is amended to read:
(a) Household income eligibility requirements. The secretary, by rule, shall establish household income and asset eligibility requirements of beneficiaries in the seasonal fuel assistance program including the income and assets of all residents of the household.
(1) The income eligibility requirements shall require that households have a net household income no greater than 125 percent of the federal poverty level in order to be potentially eligible for benefits. Net income shall be derived by making the following deductions from gross income: 20 percent of household members’ gross earned income; 100 percent of federal or state earned income credits received by household members; dependent care expenses that are within an allowable maximum, paid by a household member, and necessary to support a household member’s employment or training for employment, according to criteria established by the secretary by rule; child support or alimony payments made by a household member on behalf of a nonhousehold member that meet criteria established by the secretary by rule; $150.00 for each household member who is 60 years of age or older or disabled according to criteria established by the secretary by rule; any deductions or exclusions required by federal law or regulations; and any other deduction or exclusion established by the secretary by rule.
(2) In order to be eligible, a household shall have net household assets no greater than $5,000.00. The secretary shall establish exclusions from the asset limit by rule.
Sec. 144. Department for children and families - food stamp cash out
Grants 11,288,833
Source of funds
Federal funds 11,288,833
Sec. 145. 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. 146. Disabilities, aging and independent living - administration & support
Personal services 23,442,892
Operating expenses 3,702,406
Total 27,145,298
Source of funds
General fund 6,467,588
Special Funds 952,910
Global Commitment fund 5,940,176
Federal funds 11,352,141
Interdepartmental transfer 2,432,483
Total 27,145,298
(a) The department of disabilities, aging, and independent living, in cooperation with the Vermont center for independent living, shall investigate how many people with physical disabilities are at significant risk of, or living in, nursing homes and other inappropriate settings, and the degree to which additional funding to the home access program will allow individuals to live in the most integrated setting possible. The department shall report its findings to the house and senate committees on appropriations, the house committee on human services, and the senate committee on health and welfare by January 15, 2008.
Sec. 147. [DELETED]
Sec. 148. Disabilities, aging, and independent living - advocacy and independent living - grants
Grants 21,295,486
Source of funds
General fund 10,059,299
Global Commitment fund 3,142,896
Federal funds 7,655,791
Interdepartmental transfer 437,500
Total 21,295,486
(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, and does not have an adverse impact on existing adult day services.
(b) Reimbursement for adult day services shall be at least $13.00 per hour.
Sec. 149. Disabilities, aging, and independent living - blind and visually impaired
Grants 1,486,457
Source of funds
General fund 364,064
Special funds 223,450
Global Commitment fund 250,000
Federal funds 648,943
Total 1,486,457
Sec. 150. Disabilities, aging, and independent living - vocational rehabilitation
Grants 5,921,471
Source of funds
General fund 1,495,695
Federal funds 4,132,389
Interdepartmental transfer 293,387
Total 5,921,471
Sec. 151. Disabilities, aging, and independent living - TBI home-and community-based waiver
Grants 3,415,448
Source of funds
Global Commitment fund 3,415,448
Sec. 152. Disabilities, aging, and independent living - developmental services
Grants 127,545,146
Source of funds
General fund 162,964
Special funds 185,463
Global Commitment fund 126,872,324
Federal funds 324,395
Total 127,545,146
Sec. 152a. TRAUMATIC BRAIN INJURY STUDY COMMITTEE
(a) A committee of the following members is created: one member of the house committee on human services, appointed by the speaker of the house; one member of the senate committee on health and welfare, appointed by the committee on committees; four representatives of the agency of human services from the department of disabilities, aging, and independent living, the department of mental health, the division of developmental services, and the traumatic brain injury program, appointed by the secretary of human services; and one physician and one member of the psychiatric or mental health treatment community, appointed by the governor.
(b) The committee shall evaluate the nature and scope of the need of Vermonters for help in performing activities of daily living as a result of traumatic brain injury, stroke, and substance-induced brain injury. The committee shall also analyze insurance coverage for these conditions.
(c) The committee may meet up to four times and file a report of its recommendations by December 15, 2007.
(d) Members of the general assembly 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 Title 2.
Sec. 153. Corrections - administration
Personal services 2,041,100
Operating expenses 316,087
Total 2,357,187
Source of funds
General fund 2,357,187
Sec. 153a. CORRECTIONS; CORRECTIONAL FACILITIES AND SERVICES
(a) The general assembly finds that spending on corrections facilities and services is increasing at an unsustainable rate. Therefore, the department of corrections shall develop a plan to decrease the cost of incarcerating offenders.
(b) The plan shall consider and recommend a variety of options to reduce facility costs, including but not limited to:
(1) Closing the Dale women’s facility and changing the use of the southeast state correctional facility in Windsor from a women’s correctional facility to either a work camp or a minimum security prison for men.
(2) Renovating the Chittenden regional correctional facility in South Burlington in order to make it into a women's correctional facility.
(3) Using one or more correctional facilities as detention facilities.
(4) Seeking contracts with public and private correctional services at out-of-state facilities that are as close to this state as possible.
(5) Using existing facilities more efficiently by closing some facilities and replacing lost capacity by expanding others.
(6) Establishing a dedicated substance abuse treatment facility.
(c) The plan shall also consider and recommend a variety of options to reduce incarceration costs by $4,000,000, one-half of which shall be reinvested in reentry services. Options considered shall include at a minimum:
(1) Recommending changes to department policies and practices that will result in a reduction of at least 10 percent in the number of inmates incarcerated for nonviolent offenses by June 30, 2008.
(2) Using less costly community-based alternatives to incarceration for nonviolent offenders.
(3) Amending the eligibility criteria in order to expand the use of electronic monitoring through a global positioning system as means of reducing the nonviolent incarcerated population.
(4) Providing in communities a continuum of treatment approaches for substance abuse, ranging from intensive outpatient services to secure treatment, for nonviolent offenders with mental health and substance abuse problems.
(d) As the department develops the plan, it shall:
(1) track the progress of the justice reinvestment initiative conducted by the Council of State Governments and use the information gathered to inform its work; and
(2) consult with the police chiefs, sheriff, and state’s attorney of Chittenden County regarding the impacts of having no facility for incarcerating or detaining the male population in Chittenden County, and include a proposal to address these impacts.
(e) The department of corrections shall report the plan to the joint fiscal committee and the joint corrections oversight committee no later than November 1, 2007.
Sec. 153b. JUSTICE REINVESTMENT INITIATIVE WORKING GROUP; CREATION
(a) There is created a bipartisan, multi-branch justice reinvestment initiative working group to work with the Justice Center of the Council of State Governments to:
(1) Analyze the corrections inmate population and spending to gain an understanding of why our corrections population is growing and why Vermont has very high recidivism rates.
(2) Develop options that will result in decreased spending on corrections and increased public safety.
(b) The justice reinvestment initiative working group shall consist of two members of the administration appointed by the governor, two members of the judiciary appointed by the chief justice, two members of the house appointed by the speaker, two members of the senate appointed by the committee on committees, and one member of the chief justice's task force on mental health and criminal justice appointed by the chief justice. The working group may meet as necessary. Legislative members shall receive a per diem and expenses pursuant to 2 V.S.A. § 406.
(c) On or before December 15, 2007, the justice reinvestment initiative working group shall report on the data collected, options developed and analyzed, and recommendations for policy change.
Sec. 154. Corrections - parole board
Personal services 306,179
Operating expenses 65,555
Total 371,734
Source of funds
General fund 371,734
Sec. 155. Corrections - correctional education
Personal services 3,875,474
Operating expenses 343,662
Total 4,219,136
Source of funds
General fund 3,321,986
Interdepartmental transfer 897,150
Total 4,219,136
Sec. 156. Corrections - correctional services
Personal services 69,445,693
Operating expenses 31,361,582
Grants 1,660,500
Total 102,467,775
Source of funds
General fund 98,170,305
Special funds 547,919
Tobacco fund 87,500
Global commitment fund 2,894,144
Federal funds 686,861
Interdepartmental transfer 81,046
Total 102,467,775
(a) Of the above general fund appropriation, $103,000 shall be used as a grant to Dismas House of Vermont, Inc.
(b) The commissioner of corrections and the commissioner of buildings and general services shall eliminate the projected $129,000 increase in fleet-related expenses. The $129,000 shall be redirected to offender reentry programs of which $50,000 shall be granted to Return House in Barre.
(c) The commissioner of corrections shall present a proposal to the legislative joint corrections oversight committee regarding the implementation of an offender sliding scale medical co-payment for health care services. The proposal shall include the experience of other states in this regard.
Sec. 157. Corrections - correctional services - out-of-state beds
Operating expenses 9,621,342
Source of funds
General fund 9,621,342
Sec. 158. Corrections - correctional facilities - recreation
Personal services 603,012
Operating expenses 523,986
Total 1,126,998
Source of funds
General fund 125,000
Special funds 1,001,998
Total 1,126,998
Sec. 159. Corrections - Vermont offender work program
Personal services 1,412,977
Operating expenses 1,909,635
Total 3,322,612
Source of funds
Internal service funds 3,322,612
Sec. 160. Vermont veterans' home - care and support services
Personal services 13,342,317
Operating expenses 3,084,150
Total 16,426,467
Source of funds
Special funds 10,466,920
Global Commitment fund 913,047
Federal funds 5,046,500
Total 16,426,467
(a) 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.
(b) The veterans' home is authorized to spend up to $200,000 of carry forward funds from fiscal year 2007 to fiscal year 2008 on building maintenance and improvement projects.
Sec. 161. Commission on women
Personal services 207,262
Operating expenses 58,628
Total 265,890
Source of funds
General fund 260,890
Special funds 5,000
Total 265,890
Sec. 162. Retired senior volunteer program
Grants 131,096
Source of funds
General fund 131,096
Sec. 162a. FISCAL YEAR 2008 HUMAN SERVICES; ONE-TIME FUNDING INITIATIVES
(a) The funds appropriated in Sec. 381a(a)(9) of this act shall be allocated as follows:
(1) $100,000 to the department of disabilities, aging, and independent living for a state center on aging.
(2) $100,000 to the department of disabilities, aging, and independent living for a grant to the area agencies on aging.
(3) $50,000 to the department of health for a grant to the Serenity house program.
(4) $35,000 to the department for children and families-office of economic opportunity for a grant to the micro business development program.
(5) $35,000 to the department for children and families-office of economic opportunity for a grant to community action programs for the individual development accounts (IDA) program.
(6) $856,000 to the department for children and families-family services for grants to programs and services to enhance the well-being of Vermont children as follows:
(A) $250,000 for grants to mentoring programs statewide;
(B) $75,000 to the Vermont coalition of teen centers;
(C) $100,000 for post-adoption services;
(D) $100,000 for flexible funding needs of the department’s field offices;
(E) $100,000 for grants to teen parent education programs;
(F) $75,000 for the building bright futures facilities fund;
(G) $39,000 for equal grants to each of the thirteen “learning together” programs;
(H) $20,000 for the “Voices” film project of Kingdom County Productions, a collaborative program for Vermont youth;
(I) $15,000 to the Vermont coalition for homeless and runaway youth;
(J) $6,000 to the kids on the block program;
(K) $6,000 to the kid safe collaborative program;
(L) $70,000 to prevent child abuse Vermont. Prevent child abuse Vermont shall submit a report to the house and senate committees on appropriations by December 15, 2007 on their statewide curriculum for child protection.
Sec. 163. Total human services 2,531,416,112
Source of funds
General fund 493,209,047
Special funds 76,187,668
Tobacco fund 35,546,820
Global Commitment fund 853,052,203
State health care resources fund 157,186,147
Catamount fund 13,015,143
Federal funds 883,671,653
Permanent trust funds 10,000
Internal service funds 3,322,612
Interdepartmental transfer 16,214,819
Total 2,531,416,112
Sec. 164. Labor - programs
Personal services 19,476,718
Operating expenses 4,317,857
Grants 1,665,000
Total 25,459,575
Source of funds
General fund 2,135,711
Special funds 2,581,586
Catamount fund 315,258
Federal funds 18,326,794
Interdepartmental transfer 2,100,226
Total 25,459,575
Sec. 165. Labor - administration
Personal services 2,463,105
Operating expenses 764,672
Total 3,227,777
Source of funds
General fund 222,484
Special funds 315,633
Catamount fund 78,814
Federal funds 2,307,234
Interdepartmental transfer 303,612
Total 3,227,777
(a) Any foster care payments excluded from the definition of gross income under the Internal Revenue Code Title 26, Section 131 shall not be considered wages under 21 V.S.A. § 1301 (12).
Sec. 166. Labor - domestic and sexual violence survivors' transitional employment program
Grants 30,000
Source of funds
Special fund 30,000
Sec. 167. Total labor 28,717,352
Source of funds
General fund 2,358,195
Special funds 2,927,219
Catamount fund 394,072
Federal funds 20,634,028
Interdepartmental transfer 2,403,838
Total 28,717,352
Sec. 168. Education - finance and administration
Personal services 4,930,371
Operating expenses 1,671,659
Grants 14,505,600
Total 21,107,630
Source of funds
General fund 3,435,105
Special funds 14,983,034
Global Commitment fund 822,999
Federal funds 1,859,375
Interdepartmental transfer 7,117
Total 21,107,630
Sec. 169. EDUCATION; EXCESS SPENDING; EXCEPTION
(a) Notwithstanding any provision of 32 V.S.A. § 5401(12) and upon approval of the commissioner of education, excess spending shall not include any deficit repayment that arose solely from the unexpected cost of paying for additional personnel who were needed after the budget was passed due to extraordinary circumstances resulting in the loss of life of school personnel on school grounds.
Sec. 170. UNEXPECTED COST OF PERSONNEL; LOAN
(a) The executive director of the center for crime victims services shall lend up to $300,000, without interest, from the crime victims’ restitution special fund, created pursuant to 13 V.S.A. § 5363, to a school district to pay for a budget deficit that arose solely from the unexpected cost of paying for additional personnel who were needed purely because of extraordinary circumstances resulting in the loss of life of school personnel on school grounds, if the district’s loan request is approved by the commissioner of education. The district shall fully repay the loan in installments made over a period not to exceed five years. The center shall report annually to the state treasurer on the payments and receivables related to the loan.
Sec. 171. Education - education services
Personal services 12,540,453
Operating expenses 1,962,260
Grants 109,779,876
Total 124,282,589
Source of funds
General fund 7,734,165
Transportation fund 127,483
Special funds 1,971,782
Federal funds 114,200,027
Interdepartmental transfer 249,132
Total 124,282,589
Sec. 172. Education - technical education
Grants 11,633,000
Source of funds
Education fund 11,633,000
(a) The appropriation in this section shall be authorized notwithstanding 16 V.S.A. § 1564.
Sec. 173. Education - special education: formula grants
Grants 133,794,159
Source of funds
Education fund 133,564,159
Global Commitment fund 230,000
Total 133,794,159
(a)
Of the appropriation authorized in this section and notwithstanding any other
provision of law, an amount not to exceed $3,170,820 shall be used by the
department of education in fiscal year 2008 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
$162,872 may be used by the department of education for its participation in
the higher education partnership plan.
Sec. 174. Education - state-placed students
Grants 14,750,000
Source of funds
Education fund 14,750,000
(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. 175. Education - adult education and literacy
Grants 4,593,059
Source of funds
General fund 2,717,398
Education fund 1,000,000
Federal funds 875,661
Total 4,593,059
(a) Of the above appropriation, the amount from the education fund shall be distributed to school districts for reimbursement of high school completion services pursuant to 16 V.S.A. § 1049a(c).
Sec. 176. Education - adjusted education payment
Grants 1,063,700,000
Source of funds
Education fund 1,063,700,000
(a) Up to $140,000,000 of the fund appropriated shall be transferred to the department of taxes for the tax commissioner's transfer to municipalities of the education fund portion of property tax adjustment amounts as required under 32 V.S.A. §§ 6066 and 6066a. The amount sent to each municipality shall be transferred to the school district treasurer in accordance with Sec. 290 of this act.
(b) By March 15, 2008, the department of taxes shall transfer back to the education fund any amounts received by the department under subsection (a) of this section which have not been transferred to a municipality. Any property tax adjustment amount related to a claim filed between January 1 and September 1, 2007, which has not been transferred to a municipality by March 15, 2008, shall not be transferred to a municipality; but the commissioner of taxes shall instead notify the municipality of that adjustment amount, as provided in 32 V.S.A. § 6066a, as in effect at that time.
Sec. 177. Education - essential early education grant
Grants 5,199,124
Source of funds
Education fund 5,199,124
Sec. 178. Education - transportation
Grants 14,453,479
Source of funds
Education fund 14,453,479
Sec. 179. Education - small school grants
Grants 6,093,552
Source of funds
Education fund 6,093,552
Sec. 180. Education - capital debt service aid
Grants 280,000
Source of funds
Education fund 280,000
Sec. 181. Education - tobacco litigation
Personal services 145,112
Operating expenses 18,119
Grants 832,437
Total 995,668
Source of funds
Tobacco fund 995,668
Sec. 182. Education - Act 117 Cost Containment
Personal services 1,070,190
Operating expenses 121,515
Grants 91,000
Total 1,282,705
Source of funds
Special funds 1,282,705
(a) Notwithstanding any 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. 183. FUND APPROPRIATION AND TRANSFER
(a) There is appropriated in fiscal year 2008 from the general fund for transfer to the education fund the amount of $280,200,000.
Sec. 184. 16 V.S.A. § 4025(a)(2) is amended to read:
(2)
Funds appropriated or transferred by the general assembly, and in fiscal
year 2006 and thereafter there is appropriated and transferred from the general
fund to the education fund the amount appropriated and transferred in the prior
fiscal year adjusted by the percentage change in general fund base spending in
the current fiscal year For each fiscal year, the governor shall present
a budget to the legislature providing for a general fund appropriation and
transfer to the education fund in this amount, and the legislature shall
appropriate and transfer this amount adjusted as necessary to reflect the
actual amount of general fund base spending enacted by the legislature for that
fiscal year. For each fiscal year, the amount of the general funds
appropriated or transferred to the education fund shall be $280,200,000
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 2008 through the fiscal year for which the payment is
being determined, plus an additional one-tenth of one percent.
Sec. 185. ONE-TIME FUNDS; TEACHERS’ RETIREMENT
(a) $7,000,000 in general funds shall be reserved in fiscal year 2007 and appropriated to the state teachers’ retirement system in fiscal year 2008.
Sec. 186. State teachers' retirement system
Personal services 20,887,841
Operating expenses 884,783
Grants 32,549,097
Total 54,321,721
Source of funds
General fund 32,549,097
Pension trust funds 21,772,624
Total 54,321,721
(a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of annual contribution to the Vermont state teachers' retirement system shall be $32,549,097 in fiscal year 2008.
(b) In accordance with 16 V.S.A. § 1944(c)(2), of the above grant appropriation $26,567,961 is appropriated as the "normal contribution," and $5,981,136 is appropriated as the "accrued liability contribution." The state teachers' retirement system will be fully funded for the actuarial recommendation for fiscal year 2008 by using one-time general fund revenues of $7,000,000 appropriated in Sec. 185 of this act combined with an estimated $1,200,000 of Medicare Part D reimbursement funds.
Sec. 187. TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS
(a) The amount of $3,228,945 in education funds is appropriated in fiscal year 2008 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.
Sec. 188. Renter rebate
Grants 7,624,823
Source of funds
General fund 2,277,149
Education fund 5,347,674
Total 7,624,823
Sec. 189. Total general education and property
tax assistance 1,754,540,454
Source of funds
General fund 335,912,914
Transportation fund 127,483
Education fund 1,259,249,933
Special funds 18,237,521
Tobacco fund 995,668
Global Commitment fund 1,052,999
Federal funds 116,935,063
Pension trust funds 21,772,624
Interdepartmental transfer 256,249
Total 1,754,540,454
Sec. 190. University of Vermont
Grants 42,271,844
Source of funds
General fund 38,265,688
Global Commitment fund 4,006,156
Total 42,271,844
(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 fifteenth day of each calendar month of the year.
(b) Of the above appropriation, $396,115 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) 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 5,500
Source of funds
General fund 5,500
Sec. 192. Vermont public television
Grants 605,737
Source of funds
General fund 605,737
Sec. 193. Vermont state colleges
Grants 24,146,750
Source of funds
General fund 24,146,750
(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 fifteenth day of each calendar month of the year.
(b) Of the above appropriation, $446,652 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 1,069,432
Source of funds
General fund 664,025
Global Commitment fund 405,407
Total 1,069,432
(a) 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 858,163
Source of funds
General fund 858,163
Sec. 196. Vermont student assistance corporation
Grants 19,153,758
Source of funds
General fund 19,153,758
(a) Of the above appropriation, $25,000 is appropriated from the general fund to the Vermont student assistance corporation to be deposited into the trust fund established in 16 V.S.A. § 2845. It is the intent of the general assembly that the amount of $25,000 continue to be appropriated from the general fund on an ongoing, annually recurring basis for this purpose.
(b) Except as provided in subsection (a) of this section, not less than 100 percent of grants shall be used for direct student aid.
(c) $350,000 of state funding available to the Vermont student assistance corporation, including funds transferred from the military department shall be used to support the purposes of 16 V.S.A. § 2856. Any unexpended funds from this allocation shall carry forward for this purpose.
Sec. 196a. Sec. 2 of No. 72 of the Acts of 2004 is amended to read:
Sec. 2. APPROPRIATION; SUNSET
(a) The amount of $25,000.00 is appropriated from the general fund
to the Vermont Student Assistance Corporation for deposit into the trust fund
established in 16 V.S.A. § 2845. It is the intent of the general
assembly to appropriate another $25,000.00 for this purpose in each of the next
four fiscal years.
(b) This act shall be repealed on July 1, 2008.
Notwithstanding 16 V.S.A. § 2845(a), in fiscal year 2008, the board of the
Vermont Student Assistance Corporation may withdraw up to 100 percent of the
assets in the trust fund established in Sec. 1 of this act. If any funds
remain in the trust fund upon repeal of this act, the funds shall be used by
the Vermont Student Assistance Corporation to provide incentive grants under 16
V.S.A. § 2844.
Sec. 197. New England higher education compact
Grants 84,000
Source of funds
General fund 84,000
Sec. 198. Total higher education and other 88,195,184
Source of funds
General fund 83,783,621
Global Commitment fund 4,411,563
Total 88,195,184
Sec. 199. Natural resources - agency of natural resources - administration
Personal services 4,759,758
Operating expenses 1,828,960
Grants 31,500
Total 6,620,218
Source of funds
General fund 4,906,556
Special funds 1,095,911
Federal funds 441,000
Interdepartmental transfer 176,751
Total 6,620,218
Sec. 200. Connecticut river watershed advisory commission
Grants 60,000
Source of funds
General fund 60,000
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
Operating expenses 5,057
Grants 10,550
Total 15,607
Source of funds
General fund 5,057
Special funds 10,550
Total 15,607
Sec. 204. Fish and wildlife - support and field services
Personal services 10,890,281
Operating expenses 4,316,728
Grants 717,875
Total 15,924,884
Source of funds
General fund 2,131,687
Fish and wildlife fund 13,775,694
Interdepartmental transfer 17,503
Total 15,924,884
Sec. 204a. 10 V.S.A. § 4502(b) is amended to read:
(b) A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in Title 10 of Vermont Statutes Annotated):
(1) Five points shall be assessed for any violation of statutes or rules adopted under this part except those listed in subdivisions (2) and (3) of this subsection.
(2) Ten points shall be assessed for:
* * *
(3) Twenty points shall be assessed for:
(A) § 4192. General powers and duties-failure to obey warden
(B) § 4278. Falconry license
(C) Subchapter 2 of chapter 105. Eel fishing
(D) § 4606. Taking fish by unlawful means, except for violations of subsection 4606(g) of this title
(E) § 4702. Use of light (firearm or bow involved)
* * *
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 1,002,905
Operating expenses 703,107
Grants 1,830,100
Total 3,536,112
Source of funds
General fund 1,225,112
Special funds 1,406,000
Federal funds 905,000
Total 3,536,112
(a) In order to mitigate the threat buckthorn poses to the forest products industry in Vermont, the commissioner of the department of forests, parks and recreation shall examine the potential for eradication and control of buckthorn and the estimated cost of an eradication program.
Sec. 207. Forests, parks and recreation - forestry
Personal services 4,638,283
Operating expenses 668,116
Grants 313,000
Total 5,619,399
Source of funds
General fund 3,932,399
Special funds 360,000
Federal funds 1,300,000
Interdepartmental transfer 27,000
Total 5,619,399
Sec. 208. Forests, parks and recreation - state parks
Personal services 5,131,552
Operating expenses 2,230,611
Total 7,362,163
Source of funds
General fund 956,226
Special funds 6,405,937
Total 7,362,163
Sec. 209. Forests, parks and recreation - lands administration
Personal services 486,557
Operating expenses 230,261
Total 716,818
Source of funds
General fund 486,818
Special fund 145,000
Federal funds 50,000
Interdepartmental transfer 35,000
Total 716,818
Sec. 210. Forests, parks and recreation - youth conservation corps
Personal services 292,523
Operating expenses 9,593
Grants 450,000
Total 752,116
Source of funds
General fund 50,000
Special funds 358,116
Federal funds 94,000
Interdepartmental transfer 250,000
Total 752,116
Sec. 211. Forests, parks and recreation - forest highway maintenance
Personal services 222,978
Operating expenses 101,000
Total 323,978
Source of funds
General fund 323,978
Sec. 212. Environmental conservation - management and support services
Personal services 3,024,560
Operating expenses 890,844
Grants 79,024
Total 3,994,428
Source of funds
General fund 1,181,587
Special funds 790,540
Federal funds 1,111,505
Interdepartmental transfer 910,796
Total 3,994,428
Sec. 213. Environmental conservation - air and waste management
Personal services 7,788,764
Operating expenses 6,123,303
Grants 1,704,585
Total 15,616,652
Source of funds
General fund 1,107,695
Special funds 11,180,272
Federal funds 3,154,700
Interdepartmental transfer 173,985
Total 15,616,652
Sec. 214. Environmental conservation - office of water programs
Personal services 13,398,869
Operating expenses 2,169,397
Grants 2,948,623
Total 18,516,889
Source of funds
General fund 6,917,948
Special funds 4,530,176
Federal funds 6,603,765
Interdepartmental transfer 465,000
Total 18,516,889
Sec. 215. Environmental conservation - tax-loss-Connecticut river flood control
Operating expenses 40,000
Source of funds
Special funds 40,000
Sec. 216. Natural resources board
Personal services 2,400,747
Operating expenses 431,292
Total 2,832,039
Source of funds
General fund 1,057,827
Special funds 1,774,212
Total 2,832,039
Sec. 217. Total natural resources 83,587,803
Source of funds
General fund 25,662,890
Fish and wildlife fund 13,850,694
Special funds 28,096,714
Federal funds 13,659,970
Interdepartmental transfer 2,317,535
Total 83,587,803
Sec. 218. Commerce and community development - agency of commerce and community development - administration
Personal services 2,113,879
Operating expenses 782,330
Grants 1,071,200
Total 3,967,409
Source of funds
General fund 2,899,982
Federal funds 800,000
Interdepartmental transfer 267,427
Total 3,967,409
(a) The agency and the department shall present a report to the joint fiscal committee at its November 2007 meeting. This report shall include recommendations for potential changes to the current funding and structure of the state’s regional economic development system. These may include expansion, elimination, or consolidation of regional development corporations.
(b) Of the above general fund appropriation, $246,200 shall be granted to the sustainable jobs fund program.
(c) Of the above general fund appropriation, $50,000 shall be granted to the Vermont council on rural development.
Sec. 219. Housing and community affairs
Personal services 2,307,833
Operating expenses 361,339
Grants 4,415,137
Total 7,084,309
Source of funds
General fund 1,390,297
Special funds 3,991,815
Federal funds 1,646,697
Interdepartmental transfer 55,500
Total 7,084,309
(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.
(b) The division and programs funded by grants from this appropriation shall seek to reduce mailing expenses by using e-mail for notifications wherever appropriate.
Sec. 220. Historic sites - operations
Personal services 636,402
Operating expenses 305,208
Total 941,610
Source of funds
General fund 542,327
Special funds 369,652
Interdepartmental transfer 29,631
Total 941,610
Sec. 221. Historic sites - special improvements
Personal services 427,660
Operating expenses 778,705
Total 1,206,365
Source of funds
Special funds 50,000
Federal funds 472,961
Interdepartmental transfer 683,404
Total 1,206,365
Sec. 222. 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 a priority when it meets clear unmet needs in the region 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 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. Of this amount, the agency of commerce and community development may commit such amounts it deems necessary and appropriate to the regional revolving loan fund for the purpose of assisting income eligible homeowners to replace failed wastewater or potable water supply systems. Funds not expended for this assistance in any grant round shall be made available for applications that address the priorities in subdivisions (1)-(5) of subsection (b) of this section. By January 15, 2008, the agency shall report to the house and senate committees on appropriations and on natural resources and energy on the amounts expended to replace failed systems, including the number of homeowners assisted and the counties in which such assistance was provided.
Sec. 223. Downtown transportation and capital improvement fund
Personal services 40,000
Grants 760,000
Total 800,000
Source of funds
Special funds 800,000
Sec. 224. Economic development
Personal services 1,934,901
Operating expenses 639,216
Grants 1,716,378
Total 4,290,495
Source of funds
General fund 3,574,675
Special funds 517,350
Federal funds 198,470
Total 4,290,495
(a) Included in the above appropriation is a $72,000 increase over fiscal year 2007 for the regional development corporations. These additional funds shall be distributed only to the regional development corporations that are fulfilling their contractual obligations in a timely and proper manner.
(b) Of the above general fund appropriation, $25,000 shall be granted to the Vermont employee ownership center.
Sec. 224a. 10 V.S.A. § 1(a) is amended to read:
(a) There is established a commission on the future of economic development. The commission shall consist of 12 voting members. The governor shall appoint five members, including a chair of the commission; the speaker of the house shall appoint one member, who shall be a member of the house of representatives; and the committee on committees shall appoint one member, who shall be a member of the senate. The speaker of the house and the president pro tempore of the senate shall jointly appoint two members who are not legislators. The Vermont labor council shall appoint one member representing labor; the Vermont association of nonprofit organizations shall appoint one member representing nonprofit organizations, and the governor shall appoint a self-employed person. In addition, the secretary of commerce and community development and the executive director of the economic incentive review board shall serve as ex officio nonvoting members.
Sec. 225. UNIFIED ECONOMIC DEVELOPMENT BUDGET (UEDB)
(a) For purposes of evaluating the effect on economic development in this state, the commissioner of finance and management, in collaboration with the secretary of commerce and community development, shall submit a unified economic development budget as part of the annual budget report to the legislature under 32 V.S.A. § 306.
(b) The unified economic development budget shall include appropriations or expenditures for all of the types of development assistance, workforce training and education, and the development-related research granted or managed by the state during the prior two fiscal years by all agencies and departments of the state, including but not limited to the agencies of commerce and community development and agriculture, food and markets; the departments of labor and taxes; and the Vermont economic development authority.
(c) The unified development budget shall specifically include:
(1) the aggregate amount and program-specific amounts of all state economic development assistance, including grants, loans, and tax expenditures.
(2) 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 in the annual tax expenditure report (32 V.S.A. § 312). If current data is not available, the report may use the average of the three most recent years reported.
(3) Performance measurements, including estimated jobs created, payroll increases or decreases, and other measures of economic advancement, with clear descriptions of data sources and methodologies.
(d) The data presented shall be organized by categories such as administration, workforce education and training, tax expenditures, agriculture, tourism, technical assistance, planning, housing, transportation, technology, and research, among others deemed appropriate.
Sec. 226. Vermont training program
Personal services 136,477
Operating expenses 19,928
Grants 1,486,789
Total 1,643,194
Source of funds
General fund 1,608,194
Special funds 35,000
Total 1,643,194
Sec. 227. Tourism and marketing
Personal services 1,635,474
Operating expenses 2,171,653
Grants 367,000
Total 4,174,127
Source of funds
General fund 4,168,127
Special funds 6,000
Total 4,174,127
Sec. 228. Vermont life
Personal services 693,124
Operating expenses 96,769
Total 789,893
Source of funds
Enterprise funds 789,893
Sec. 229. Vermont council on the arts
Grants 545,618
Source of funds
General fund 545,618
Sec. 230. Vermont symphony orchestra
Grants 122,343
Source of funds
General fund 122,343
Sec. 231. Vermont historical society
Grants 828,342
Source of funds
General fund 828,342
Sec. 232. Vermont housing and conservation board
Grants 25,087,472
Source of funds
Special funds 15,383,258
Federal funds 9,704,214
Total 25,087,472
(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. Notwithstanding the limitations in 10 V.S.A. § 321(b) and this subsection, the housing and conservation board may expend up to $200,000 of HOME funds in fiscal year 2008 to assist Vermont owners of affordable housing to replace failed wastewater or potable water supply systems, provided that 1) priority will be given to homes that are perpetually affordable; 2) HOME funds shall be highly leveraged by other public and private funds; and 3) HOME funds shall be secured by due-on-sale mortgages.
Sec. 232a. 10 V.S.A. § 6093(b) is amended to read:
(b) Easements required for protected lands. All primary agricultural soils preserved for commercial or economic agricultural use by the Vermont housing and conservation board pursuant to this section shall be protected by permanent conservation easements (grant of development rights and conservation restrictions) conveyed to a qualified holder, as defined in section 821 of this title, with the ability to monitor and enforce easements in perpetuity. Off-site mitigation fees may be used by the Vermont housing and conservation board to pay reasonable staff or transaction costs, or both, of the board and agency of agriculture, food, and markets to preserve primary agricultural soils or to implement section 6086(a)(9)(B) or 6093 of this title.
Sec. 233. Vermont humanities council
Grants 185,599
Source of funds
General fund 185,599
Sec. 233a. FISCAL YEAR 2008 ECONOMIC DEVELOPMENT INITIATIVES
(a) To the extent funds are available through Sec. 277(c)(1) of this act, the funds shall be distributed for economic development initiatives as follows:
(1) $975,000 to the department of tourism and marketing, at least $100,000 shall be for cooperative marketing activities, and the remainder for general marketing activities.
(2) $50,000 to the department of tourism and marketing to send a Vermont holiday tree to the nation’s capital.
(3) $100,000 to the department of tourism and marketing for the Lake Champlain quadricentennial commission.
(4) $140,000 to the agency of commerce and community development for grants as follows:
(A) $25,000 to the software developers alliance;
(B) $75,000 to regional development corporations, these grants shall be distributed in addition to and consistent with the method of distribution in Sec. 224 of this act for the same purpose;
(C) $40,000 for a grant to the Vermont environmental consortium.
(5) $212,000 to the agency of commerce and community development as follows:
(A) $12,000 for the international trade commission;
(B) $50,000 for the environmental engineering initiative.
(C) $150,000 for the commission on the future of economic development. The commission on the future of economic development shall utilize $4,000 of this appropriation to contract for video recording commission meetings and distributing DVDs to all community access television stations in Vermont that are willing to broadcast the meetings.
(6) $95,000 to the department of housing and community affairs for grants as follows:
(A) $20,000 to the Ethan Allen homestead;
(B) $75,000 for grants to communities related to ancient roads and unidentified corridors requirements.
(7) $165,000 to the Vermont economic development authority to reduce agricultural dairy loan interest by 1% for six months.
(8) $500,000 is to the department of information and innovation for a grant to Northern Enterprises, Inc. (North-Link) to be used to construct infrastructure that support provision of broadband or cellular services in areas of the state now unserved. Prior to any such grant, the department shall require a submission of an expenditure and business plan with benchmarks and measurable outcomes to evaluate the activities funded. It is further the intention of the general assembly to appropriate the amount of $500,000 in each of fiscal years 2009 and 2010 for further construction of the North-Link project.
(9) $40,000 for a grant to the crossroads regional marketing program.
Sec. 234. Total commerce and community
development 59,113,306
Source of funds
General fund 15,865,504
Special funds 21,153,075
Federal funds 20,268,872
Enterprise funds 789,893
Interdepartmental transfer 1,035,962
Total 59,113,306
Sec. 235. 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. 236. Transportation - finance and administration
Personal services 8,878,609
Operating expenses 2,475,584
Total 11,354,193
Source of funds
Transportation fund 10,903,302
Federal funds 450,891
Total 11,354,193
Sec. 237. Transportation - aviation
Personal services 1,761,751
Operating expenses 5,295,449
Grants 160,000
Total 7,217,200
Source of funds
Transportation fund 2,123,200
Federal funds 5,094,000
Total 7,217,200
Sec. 238. Transportation - buildings
Personal services 76,579
Operating expenses 1,372,421
Total 1,449,000
Source of funds
Transportation fund 1,449,000
Sec. 239. Transportation - program development
Personal services 35,867,267
Operating expenses 112,896,085
Grants 26,116,926
Total 174,880,278
Source of funds
Transportation fund 34,355,234
Local match 1,788,677
Federal funds 133,566,367
Interdepartmental transfer 5,170,000
Total 174,880,278
Sec. 240. Transportation - rest areas
Personal services 100,000
Operating expenses 3,550,000
Total 3,650,000
Source of funds
Transportation fund 391,760
Federal funds 3,258,240
Total 3,650,000
Sec. 241. Transportation - maintenance state system
Personal services 32,933,303
Operating expenses 30,508,345
Grants 206,500
Total 63,948,148
Source of funds
Transportation fund 59,824,213
Federal funds 3,723,935
Interdepartmental transfer 100,000
Total 63,948,148
Sec. 242. Transportation - policy and planning
Personal services 4,751,662
Operating expenses 1,023,485
Grants 5,253,815
Total 11,028,962
Source of funds
Transportation fund 2,380,861
Federal funds 8,148,101
Interdepartmental transfer 500,000
Total 11,028,962
Sec. 243. Transportation - rail
Personal services 5,102,227
Operating expenses 14,243,260
Grants 3,320,000
Total 22,665,487
Source of funds
Transportation fund 10,053,487
Federal funds 12,612,000
Total 22,665,487
Sec. 244. Transportation - bridge maintenance
Operating expenses 4,865,945
Source of funds
Transportation fund 1,734,495
Federal funds 3,131,450
Total 4,865,945
Sec. 245. Transportation - public transit
Personal services 948,669
Operating expenses 77,517
Grants 18,125,383
Total 19,151,569
Source of funds
Special funds 610,500
Transportation fund 6,642,668
Federal funds 11,898,401
Total 19,151,569
Sec. 246. Transportation - central garage
Personal services 3,245,502
Operating expenses 11,366,120
Total 14,611,622
Source of funds
Internal service funds 14,611,622
Sec. 247. Department of motor vehicles
Personal services 17,147,046
Operating expenses 7,629,667
Grants 339,000
Total 25,115,713
Source of funds
Transportation fund 23,341,574
Federal funds 1,774,139
Total 25,115,713
Sec. 248. Transportation - town highway structures
Grants 3,494,500
Source of funds
Transportation fund 3,494,500
Sec. 249. Transportation - town highway emergency fund
Grants 750,000
Source of funds
Transportation fund 750,000
Sec. 250. Transportation - town highway Vermont local roads
Grants 375,000
Source of funds
Transportation fund 235,000
Federal funds 140,000
Total 375,000
Sec. 251. Transportation - town highway class 2 roadway
Grants 5,748,750
Source of funds
Transportation fund 5,748,750
Sec. 252. Transportation - town highway bridges
Personal services 3,650,000
Operating expenses 19,325,019
Grants 382,200
Total 23,357,219
Source of funds
Transportation fund 3,792,636
Local match 1,162,726
Federal funds 18,401,857
Total 23,357,219
Sec. 253. 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. 254. Transportation - town highway class 1 supplemental grants
Grants 128,750
Source of funds
Transportation fund 128,750
Sec. 255. Transportation - municipal mitigation grant program
Grants 2,112,998
Source of funds
Transportation fund 247,998
Federal funds 1,865,000
Total 2,112,998
Sec. 256. Transportation - public assistance grant program
Grants 200,000
Source of funds
Federal funds 200,000
Sec. 257. Transportation board
Personal services 74,976
Operating expenses 12,820
Total 87,796
Source of funds
Transportation fund 87,796
Sec. 258. Total transportation 428,875,874
Source of funds
Transportation fund 192,667,968
Special funds 610,500
Local match 2,951,403
Federal funds 204,264,381
Internal service funds 14,611,622
Interdepartmental transfer 5,770,000
Total 428,875,874
Sec. 259. Debt service
Debt service 69,420,026
Source of funds
General fund 64,929,281
Transportation fund 1,994,895
Special funds 2,495,850
Total 69,420,026
Sec. 260. Total debt service 69,420,026
Source of funds
General fund 64,929,281
Transportation fund 1,994,895
Special funds 2,495,850
Total 69,420,026
Sec. 261. 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. 262. 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. 263. FEDERAL FUNDS
(a) In fiscal year 2008 the governor, with the approval of the general assembly 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 2008, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2007 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 intends 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. 264. 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
Tax department ‑ 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. 265. 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 2008 except for new positions authorized by the 2007 session. Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.
Sec. 266. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) 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 $314,503 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 $314,503 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 $14,383,258 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 $14,383,258 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 $4,302,105 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,302,105 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The $4,302,105 shall be allocated as follows:
(A) $3,011,473 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);
(B) $860,421 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);
(C) $430,210 to the Vermont center for geographic information.
(4) In fiscal year 2009, the appropriations in this subsection shall increase by at least 4.5 percent.
(b) To the extent that the July, 2007 fiscal year 2008 general fund revenue forecast exceeds $1,157,700,000, enabling the appropriation in Sec. 269 of this act, any of this excess attributable to forecast property transfer tax revenues above $34,800,000, not to exceed $2,000,000, shall be deposited into the Vermont housing and conservation trust fund and appropriated to the Vermont housing and conservation board.
Sec. 267. REVENUE COMMITTEE
(a) A committee is established to review management of the various revenues paid to the judiciary, the department of corrections, the department of motor vehicles, the department of labor, the office of child support, and the office of the secretary of state. The committee shall be comprised of four members. The commissioner of taxes, the commissioner of finance and management, and the state treasurer or their designees shall be permanent members. The fourth member shall be a designee from the entity currently managing the revenue stream under review. The committee shall systematically review each revenue stream to determine whether its management should remain substantially as is, be transferred to the treasurer’s lockbox services contract, or be transferred to the tax department. The current administrator of the revenue stream, the lockbox service provider, and the tax department shall each provide the committee with a proposal to manage the revenue stream under review. The proposals shall be evaluated in accordance with measures of effectiveness established by the committee in advance of receipt of any proposals. It is anticipated that this review process will occur over the three years following enactment of this section and that where changes in the management of a particular revenue stream are deemed appropriate, the committee shall propose any legislation necessary to accomplish such change in the current or following legislative session.
(b) The committee shall also identify collection tools currently used with respect to receivables related to the various revenue streams reviewed and develop a relational matrix that profiles optimal use of these tools with respect to the receivables. The committee will make a recommendation to the legislature with respect to how these tools will be applied and whether the collection of receivables should be centralized in the tax department.
(c) The revenue committee shall report to the joint fiscal committee at the September joint fiscal committee meeting in 2007, 2008, and 2009. Said report shall include possible proposals for the upcoming session, potential financial impacts of proposals, and the work plan for the committee over the following twelve months.
Sec. 268. 32 V.S.A. § 305a is amended to read:
§ 305a. Official state revenue estimate
(a) On or about January 15 and on or about again by July 15
31 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, Catamount, 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.
* * *
Sec. 269. FISCAL YEAR 2008 CONTINGENT APPROPRIATIONS
(a) To the extent that the official fiscal year 2008 revenue forecast for the available general fund adopted by the emergency board at its July 2007 meeting exceeds $1,152,700,000:
(1) Up to $4,300,000 is appropriated to the department of corrections for correctional services as an additional base fiscal year 2008 appropriation.
(2) Up to $700,000 is appropriated to the legislature as an additional base fiscal year 2008 expenditure.
Sec. 270. [DELETED]
Sec. 271. 19 V.S.A. § 11a is amended to read:
§ 11a. Transportation funds appropriated for support of government
The maximum amount of transportation funds that may be appropriated for
the support of government, other than for the agency of transportation, the
transportation board, transportation pay act funds, construction of
transportation capital facilities used by the agency of transportation, and
transportation debt service shall not exceed $35,440,855 $35,007,219.
Sec. 272. [DELETED]
Sec. 273. Sec. 114 of No. 71 of the Acts of 2005 is amended to read:
Sec. 114. HUMAN SERVICES CASELOAD RESERVE TRANSFER/LOAN
(a) From the human services caseload reserve, $1,300,000 shall be
transferred to the general fund to offset caseload and transition expenditures
for services at the Vermont state hospital. The secretary of administration and
the secretary of human services shall ensure that these funds are repaid to the
caseload reserve on or before July 1, 2008 2009.
Sec. 274. FY 2008 GENERAL FUND ONE-TIME APPROPRIATIONS
(a) In fiscal year 2008, the following amounts are appropriated from the general fund:
(1) $820,000 to the agency of natural resources for the following:
(A) $335,000 to the department of environmental conservation for groundwater mapping;
(B) $350,000 to the department of environmental conservation to develop an electronic permitting capacity beginning with wastewater on-site permits, underground storage tank permit renewals, and the forests, parks and recreation use value appraisal program;
(C) $60,000 for the Vermont youth conservation corps of which $10,000 is for the shortfall due to the cemetery maintenance contract from fiscal year 2007;
(D) $50,000 to the department of fish and wildlife for nonmotorized boat access at state owned water access areas;
(E) $25,000 to the department of fish and wildlife for a grant to the nature conservancy for their Bald Mountain project.
(2) $150,000 to the legislature for the legislative documents and process office automation project.
(3) $25,000 in general funds and $35,000 in federal funds appropriated to the agency of human services for global commitment. This gives $60,000 in funds appropriated from the Global Commitment fund to the department of disabilities, aging, and independent living for the caregiver registry.
(4) $700,000 to the department of education:
(A) $300,000 for science assessment;
(B) $400,000 for the department of education to transfer to the department of corrections for the special education program.
Sec. 275. 32 V.S.A. § 308c is amended to read:
§ 308c. General fund and transportation fund surplus reserves
(a) There is hereby
created within the general fund a general fund surplus reserve. After
satisfying the requirements of section 308 of this title, and after other
reserve requirements have been met, any remaining unreserved and undesignated
end of fiscal year general fund surplus shall be reserved in the general fund
surplus reserve. Monies from this reserve shall not be expended
except by specific available for appropriation of by
the general assembly.
(b) There is hereby created within the transportation fund a
transportation fund surplus reserve. After satisfying the requirements of
section 308a of this title, and after other reserve requirements have been met,
any remaining unreserved and undesignated end of fiscal year transportation
fund surplus shall be reserved in the transportation fund surplus reserve.
Monies from this reserve shall not be expen