Legislative Documents

NO. 19. AN ACT RELATING TO FISCAL YEAR 2003 BUDGET ADJUSTMENTS.

(H.478)

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

Sec. 1. SHORT TITLE

This Act shall be known as and shall be cited as the “Budget Adjustment Act - Fiscal Year 2003.”

Sec. 2. Sec. 20 of No. 142 of the Acts of 2002 is amended to read:

Sec. 20. Buildings and general services - administration

* * *

(a) The security gates on the west side of the Vermont state house shall not be lowered, preventing access to the state house, without prior consultation with and consent of the leadership of the house and senate.

(b) The department of buildings and general services shall present a plan and cost estimates to the joint fiscal committee at their September 2003 meeting for providing a handicapped accessible restroom on the first floor of the state house. This may include door opening devices on existing restrooms or conversion of current infirmary or custodial space to an accessible restroom.

Sec. 3. Sec. 22 of No. 142 of the Acts of 2002 is amended to read:

Sec. 22. Buildings and general services - information centers

Personal services 2,630,396 2,630,396

Operating expenses ~~845,097~~ 1,339,047

Grants 255,000 255,000

Total ~~3,730,493~~ 4,224,443

Source of funds

General fund 397,769 397,769

Transportation fund ~~3,332,724~~ 3,826,674

Total ~~3,730,493~~ 4,224,443

(a) The department of buildings and general services and the agency of transportation shall ensure that prior to Exit 4 on the northbound side of Interstate 89, motorists are informed of the hours of operation of the Randolph rest area. Any such posting shall be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD).

Sec. 4. SALE OF VERMONT PRODUCTS AT INFORMATION CENTERS

(a) The commissioner of buildings and general services is authorized to seek permission from the Federal Highway Administration to sell Vermont products at rest areas and information centers under the commissioner’s jurisdiction.

(b) An oversight committee on rest area sales activity is created. The committee membership shall consist of the chairs of the committees on transportation and appropriations in the house and the senate. This oversight committee shall be in effect until January 15, 2004.

(c) In the event that permission is granted by the Federal Highway Administration, approval from the oversight committee is required prior to the operation of a program to sell Vermont products at rest areas and information centers. The commissioner of buildings and general services shall prepare and present to the committee a plan for operating a Vermont product sales program. The plan shall address the issues of generating revenue for the operation of the rest areas, fairness to Vermont producers, and the impact on local businesses. The plan shall also include a recommendation for statutory language regarding the program.

Sec. 5. Sec. 51 of No. 142 of the Acts of 2002 is amended to read:

Sec. 51. Legislature

Personal services ~~2,591,215~~ 3,025,215

Operating expenses ~~2,136,950~~ 2,402,950

Total ~~4,728,165~~ 5,428,165

Source of funds

General fund ~~3,868,478~~ 4,568,478

Transportation fund 859,687 859,687

Total ~~4,728,165~~ 5,428,165

Sec. 6. Sec. 56 of No. 142 of the Acts of 2002 is amended to read:

Sec. 56. Payments in lieu of taxes

Grants 2,400,000 2,400,000

Source of funds

General fund ~~1,250,000~~ 1,195,000

Special funds ~~1,150,000~~ 1,205,000

Total 2,400,000 2,400,000

* * *

Sec. 7. Sec. 59 of No. 142 of the Acts of 2002 is amended to read:

Sec. 59. Total general government ~~106,909,338~~ 108,103,288

Source of funds

General fund ~~34,750,254~~ 35,395,254

Transportation fund ~~8,913,884~~ 9,407,834

Special funds ~~19,286,271~~ 19,341,271

Tobacco fund 58,000 58,000

Federal funds 2,808,795 2,808,795

Enterprise funds 1,982,096 1,982,096

Internal service funds 36,295,777 36,295,777

Pension trust funds 545,000 545,000

Private purpose trust funds 205,757 205,757

Interdepartmental transfer 2,063,504 2,063,504

Total ~~106,909,338~~ 108,103,288

Sec. 8. Sec. 63 of No. 142 of the Acts of 2002 is amended to read:

Sec. 63. Center for crime victims services

Personal services 763,250 763,250

Operating expenses 208,018 208,018

Grants ~~4,292,230~~ 4,312,230

Total ~~5,263,498~~ 5,283,498

Source of funds

General fund ~~758,339~~ 778,339

Special funds 724,808 724,808

Federal funds 3,740,351 3,740,351

Interdepartmental transfer 40,000 40,000

Total ~~5,263,498~~ 5,283,498

* * *

(b) Of the above general fund appropriation, $20,000.00 shall be used for grants to the family connection center and parents and children together supervised visitation programs.

Sec. 9. Sec. 67 of No. 142 of the Acts of 2002 is amended to read:

Sec. 67. Sheriffs - transport

Personal services ~~1,196,821~~ 1,286,821

Operating expenses ~~200,000~~ 240,000

Total ~~1,396,821~~ 1,526,821

Source of funds

General fund ~~749,687~~ 879,687

Transportation fund 647,134 647,134

Total ~~1,396,821~~ 1,526,821

* * *

(b) If the district court has knowledge that a transport is canceled by the close of business the day before the transport was scheduled and the court fails to notify the affected sheriff, the court administrator shall pay to the sheriff’s department the costs incurred for the canceled transport.

Sec. 10. Sec. 72 of No. 142 of the Acts of 2002 is amended to read:

Sec. 72. Military - air service contract

Personal services 3,176,327 3,176,327

Operating expenses ~~904,423~~ 959,186

Total ~~4,080,750~~ 4,135,513

Source of funds

General fund ~~333,042~~ 387,805

Federal funds 3,747,708 3,747,708

Total ~~4,080,750~~ 4,135,513

Sec. 11. Sec. 74 of No. 142 of the Acts of 2002 is amended to read:

Sec. 74. Military - building maintenance

Personal services 829,020 829,020

Operating expenses ~~478,932~~ 424,169

Total ~~1,307,952~~ 1,253,189

Source of funds

General fund ~~1,272,952~~ 1,218,189

Special funds 35,000 35,000

Total ~~1,307,952~~ 1,253,189

Sec. 12. Sec. 83 of No. 142 of the Acts of 2002 is amended to read:

Sec. 83. Vermont racing commission

Personal services 500

Operating expenses 1 1,501

Total 2,001

Source of funds

General fund 1 2,001

Sec. 13. Sec. 94 of No. 142 of the Acts of 2002 is amended to read:

Sec. 94. Public safety - state police

Personal services ~~31,449,941~~ 31,620,941

Operating expenses 6,107,908 6,107,908

Grants 2,093,465 2,093,465

Total ~~39,651,314~~ 39,822,314

Source of funds

General fund ~~14,333,733~~ 14,464,733

Transportation fund ~~17,287,645~~ 17,327,645

Special funds 2,661,652 2,661,652

Federal funds 4,190,709 4,190,709

Interdepartmental transfer 1,177,575 1,177,575

Total ~~39,651,314~~ 39,822,314

* * *

Sec. 14. Sec. 117 of No. 142 of the Acts of 2002 is amended to read:

Sec. 117. Total protection to persons and property ~~177,979,589~~ 178,302,589

Source of funds

General fund ~~61,800,163~~ 62,083,163

Transportation fund ~~27,559,736~~ 27,599,736

Special funds 38,270,675 38,270,675

Tobacco fund 608,973 608,973

Federal funds 38,231,931 38,231,931

Enterprise funds 3,852,821 3,852,821

Interdepartmental transfer 7,655,290 7,655,290

Total ~~177,979,589~~ 178,302,589

Sec. 15. Sec. 137 of No. 142 of the Acts of 2002 is amended to read:

Sec. 137. Social and rehabilitation services - social services

Personal services 15,552,390 15,552,390

Operating expenses 2,605,799 2,605,799

Grants ~~47,591,473~~ 49,937,020

Total ~~65,749,662~~ 68,095,209

Source of funds

General fund ~~24,531,072~~ 26,398,633

Special funds 962,450 962,450

Tobacco fund 75,000 75,000

Federal funds ~~40,181,140~~ 40,659,126

Total ~~65,749,662~~ 68,095,209

* * *

(b) In addition to the general funds appropriated in this section, $520,000.00 in general funds is appropriated from the human services caseload reserve established under 32 V.S.A. § 308b to meet unanticipated caseload pressures in fiscal year 2003.

Sec. 16. Sec. 138 of No. 142 of the Acts of 2002 is amended to read:

Sec. 138. Social and rehabilitation services - child care services

* * *

(c) In addition to the general funds appropriated in this section, $2,050,000.00 in general funds is appropriated from the human services caseload reserve established under 32 V.S.A. § 308b to meet unanticipated caseload pressures in fiscal year 2003.

Sec. 17. Sec. 146 of No. 142 of the Acts of 2002 is amended to read:

Sec. 146. Prevention, assistance, transition, and health access - Reach Up

Grants 43,538,736 43,538,736

Source of funds

General fund ~~16,176,772~~ 15,776,772

Special funds 2,200,000 2,200,000

Federal funds ~~25,161,964~~ 25,561,964

Total 43,538,736 43,538,736

* * *

Sec. 18. Sec. 147 of No. 142 of the Acts of 2002 is amended to read:

Sec. 147. Prevention, assistance, transition, and health access - aid to aged, blind and disabled

Personal services 1,231,308 1,231,308

Grants ~~9,574,128~~ 9,974,128

Total ~~10,805,436~~ 11,205,436

Source of funds

General fund ~~10,805,436~~ 11,205,436

* * *

Sec. 19. Sec. 147a of No. 142 of the Acts of 2002 is amended to read:

Sec. 147a. FUND APPROPRIATION AND TRANSFER

(a) The sum of ~~$71,500,000.00~~ $70,381,329.00 is appropriated and transferred from the general fund to the health access trust fund in fiscal year 2003.

* * *

Sec. 20. Sec. 148 of No. 142 of the Acts of 2002 is amended to read:

Sec. 148. Prevention, assistance, transition, and health access - Medicaid

Personal services ~~13,664,281~~ 15,764,281

Grants ~~461,280,278~~ 461,280,278

Total ~~474,944,559~~ 477,044,559

Source of funds

Special funds ~~175,149,926~~ 174,031,255

Federal funds ~~299,794,633~~ 303,013,304

Total ~~474,944,559~~ 477,044,559

* * *

Sec. 21. EMERGENCY ASSISTANCE BACK RENT

(a) Notwithstanding the $277,000.00 limited allocation for the preventable loss of housing in Sec. 149(a) of No. 142 of the Acts of 2002, the commissioner of prevention, assistance, transition, and health access shall continue to reasonably provide benefits through June 30, 2003.

Sec. 22. REPEAL

(a) 33 V.S.A. § 1134(c) (independent three-year evaluation of Reach Up) is repealed.

Sec. 23. Sec. 156 of No. 142 of the Acts of 2002 is amended to read:

Sec. 156. Developmental and mental health services - developmental services

Personal services 2,835,093 2,835,093

Operating expenses 467,972 467,972

Grants ~~81,673,545~~ 83,099,372

Total ~~84,976,610~~ 86,402,437

Source of funds

General fund 31,144,809 31,144,809

Special funds ~~905,890~~ 1,495,890

Federal funds ~~51,832,611~~ 52,668,438

Interdepartmental transfer 1,093,300 1,093,300

Total ~~84,976,610~~ 86,402,437

Sec. 24. Sec. 157 of No. 142 of the Acts of 2002 is amended to read:

Sec. 157. Developmental and mental health services - Vermont state hospital

Personal services ~~9,370,691~~ 9,753,474

Operating expenses 1,281,146 1,281,146

Grants 143,000 143,000

Total ~~10,794,837~~ 11,177,620

Source of funds

General fund ~~3,932,189~~ 4,114,972

Special funds ~~145,064~~ 345,064

Federal funds 6,717,584 6,717,584

Total ~~10,794,837~~ 11,177,620

* * *

Sec. 25. Sec. 162 of No. 142 of the Acts of 2002 is amended to read:

Sec. 162. Aging and disabilities - vocational rehabilitation

Grants 5,095,515 5,095,515

Source of funds

General fund ~~1,579,195~~ 1,253,260

Federal funds ~~3,516,320~~ 3,842,255

Total 5,095,515 5,095,515

Sec. 26. Sec. 164 of No. 142 of the Acts of 2002 is amended to read:

Sec. 164. Office of economic opportunity

* * *

(d) The office of economic opportunity is directed to utilize the $30,000.00 of funds remaining in the appropriation made in Sec. 252(a)(10) of No. 152 of the Acts of 2000 for a grant to the Vermont campaign to end childhood hunger for food stamp outreach. These funds shall be matched with any available federal funds.

Sec. 27. Sec. 166 of No. 142 of the Acts of 2002 is amended to read:

Sec. 166. Corrections - administration

* * *

(a) The department of corrections, the court administrator, the office of state’s attorneys and the office of the defender general shall report to the house and senate committees on judiciary on or before ~~January 15, 2003~~ October 15, 2003 on the increase in the number of pre-trial detainees. The report shall include data on the number of current and past pre-trial detainees, causes of the recent increase in the number of pre-trial detainees, descriptions of the costs of housing pre‑trial detainees as compared to releasing those persons pending trial, and recommendations for legislation to reduce the number of pre-trial detainees.

* * *

Sec. 28. Sec. 169 of No. 142 of the Acts of 2002 is amended to read:

Sec. 169. Corrections - correctional services

Personal services 49,786,235 49,786,235

Operating expenses ~~23,861,812~~ 25,988,636

Grants 379,500 379,500

Total ~~74,027,547~~ 76,154,371

Source of funds

General fund ~~71,308,197~~ 73,435,021

Transportation fund 1,424,702 1,424,702

Special funds 549,500 549,500

Tobacco funds 87,500 87,500

Federal funds 465,651 465,651

Interdepartmental transfer 191,997 191,997

Total ~~74,027,547~~ 76,154,371

* * *

Sec. 29. Sec. 178 of No. 142 of the Acts of 2002 is amended to read:

Sec. 178. Vermont veterans’ home - care and support services

* * *

(a) Notwithstanding 32 V.S.A. § 706(a)(1), the Vermont veterans’ home may transfer, with the approval of the secretary of administration, funds up to an amount equal to the general fund appropriation to the department of prevention, assistance, transition, and health access - Medicaid for purposes of facilitating a Medicaid rate adjustment.

Sec. 30. Sec. 182 of No. 142 of the Acts of 2002 is amended to read:

Sec. 182. Total human services ~~1,198,214,850~~ 1,205,877,160

Source of funds

General fund ~~326,656,362~~ 329,388,924

Transportation fund 2,021,702 2,021,702

Special funds ~~217,263,534~~ 216,934,863

Tobacco fund 24,257,500 24,257,500

Federal funds ~~618,527,408~~ 623,785,827

Permanent trust 10,000 10,000

Internal service funds 1,937,054 1,937,054

Interdepartmental transfer 7,541,290 7,541,290

Total ~~1,198,214,850~~ 1,205,877,160

Sec. 31. Sec. 192 of No. 142 of the Acts of 2002 is amended to read:

Sec. 192. Education - state-placed students

Grants ~~11,234,600~~ 9,858,500

Source of funds

Education fund ~~11,234,600~~ 9,858,500

Sec. 32. Sec. 194 of No. 142 of the Acts of 2002 is amended to read:

Sec. 194. Education - education grants

(a) There is appropriated from the education fund for fiscal year 2003 to the department of education ~~$601,200,000.00~~ $601,400,000.00. Of the amount appropriated, ~~$569,900,000.00~~ $570,100,000.00 shall fund the general state support grant under 16 V.S.A. § 4011 at $5,566.00 for each equalized pupil, $27,170,000.00 shall fund the standard mainstream block grant under 16 V.S.A. § 2961, and $4,130,000.00 shall fund the essential early education grant under 16 V.S.A. § 2948(c).

* * *

Sec. 33. Sec. 208 of No. 142 of the Acts of 2002 is amended to read:

Sec. 208. Total general education ~~1,256,920,175~~ 1,255,744,075

Source of funds

General fund 295,989,333 295,989,333

Transportation fund 4,484,080 4,484,080

Education fund ~~841,970,145~~ 840,794,045

Special funds 11,695,724 11,695,724

Tobacco fund 893,552 893,552

Federal funds 100,425,046 100,425,046

Interdepartmental transfer 1,462,295 1,462,295

Total ~~1,256,920,175~~ 1,255,744,075

Sec. 34. Sec. 215 of No. 142 of the Acts of 2002 is amended to read:

Sec. 215. Vermont student assistance corporation

Grants ~~16,356,671~~ 16,581,671

Source of funds

General fund ~~16,356,671~~ 16,581,671

* * *

Sec. 35. Sec. 218 of No. 142 of the Acts of 2002 is amended to read:

Sec. 218. Total higher education and other ~~75,454,269~~ 75,679,269

Source of funds

General fund ~~75,454,269~~ 75,679,269

Sec. 36. Sec. 234 of No. 142 of the Acts of 2002 is amended to read:

Sec. 234. Forests, parks and recreation - lands administration

Personal services 242,378 242,378

Operating expenses 33,550 33,550

Total 275,928 275,928

Source of funds

General fund ~~275,928~~ 200,928

Interdepartmental transfer 75,000

Total 275,928

(a) For a period of 18 months beginning July 1, 2003 and ending December 31, 2004, the secretary of natural resources is authorized to sell rights-of-way across state-owned land in the Groton state forest to private property owners of record as of the passage of this act. The sale of these rights-of-way shall be subject to the same terms, conditions and limitations described in Sec. 1 of No. 252 of the Acts of 1992. Any monies received from the sale of rights-of-way shall be deposited in the state forest and parks special fund.

Sec. 37. Sec. 237 of No. 142 of the Acts of 2002 is amended to read:

Sec. 237. Forests, parks and recreation - snowmobile trails program

Personal services 11,500 11,500

Grants ~~488,500~~ 521,500

Total ~~500,000~~ 533,000

Source of funds

Special funds ~~500,000~~ 533,000

Sec. 38. TRANSFERS TO THE GENERAL FUND

(a) Notwithstanding the action of the secretary of administration, based on the joint fiscal committee approved plan of August 23, 2002 (the fiscal year 2003 rescission), the amounts of $58,000.00 from the all-terrain vehicle fund and $25,000.00 from the snowmobile fund are transferred to the general fund.

Sec. 39. Sec. 253 of No. 142 of the Acts of 2002 is amended to read:

Sec. 253. Total natural resources ~~69,553,833~~ 69,586,833

Source of funds

General fund ~~16,609,167~~ 16,534,167

Transportation fund 1,111,894 1,111,894

Fish and wildlife fund 14,345,207 14,345,207

Special funds ~~22,084,213~~ 22,117,213

Federal funds 11,837,727 11,837,727

Permanent trust funds 5,042 5,042

Interdepartmental transfer ~~3,560,583~~ 3,635,583

Total ~~69,553,833~~ 69,586,833

Sec. 40. Sec. 275 of No. 142 of the Acts of 2002 is amended to read:

Sec. 275. Transportation - project development

Personal services 30,689,226 30,689,226

Operating expenses ~~71,419,053~~ 70,749,053

Grants 17,443,378 17,443,378

Total ~~119,551,657~~ 118,881,657

Source of funds

Transportation fund ~~24,792,040~~ 24,122,040

Local match 1,138,808 1,138,808

Federal funds 93,620,809 93,620,809

Total ~~119,551,657~~ 118,881,657

Sec. 41. Sec. 279 of No. 142 of the Acts of 2002 is amended to read:

Sec. 279. Transportation - rail

Personal services 2,638,321 2,638,321

Operating expenses ~~16,602,673~~ 17,272,673

Total ~~19,240,994~~ 19,910,994

Source of funds

Transportation fund ~~6,787,074~~ 7,457,074

Federal funds 12,453,920 12,453,920

Total ~~19,240,994~~ 19,910,994

(a) The secretary of the agency of transportation is authorized to negotiate with Amtrak and with other intercity transit providers to extend, modify or replace the existing Amtrak services which terminate March 31, 2003 for the period through June 30, 2003.

Sec. 42. Sec. 295 of No. 142 of the Acts of 2002 is amended to read:

Sec. 295. Debt service

Debt service ~~72,653,346~~ 74,480,859

Source of funds

General fund ~~66,958,806~~ 68,786,319

Transportation fund 2,835,622 2,835,622

Education fund 200,000 200,000

Special funds 2,658,918 2,658,918

Total ~~72,653,346~~ 74,480,859

Sec. 43. Sec. 296 of No. 142 of the Acts of 2002 is amended to read:

Sec. 296. Total debt service ~~72,653,346~~ 74,480,859

Source of funds

General fund ~~66,958,806~~ 68,786,319

Transportation fund 2,835,622 2,835,622

Education fund 200,000 200,000

Special funds 2,658,918 2,658,918

Total ~~72,653,346~~ 74,480,859

Sec. 44. INTEREST ARBITRAGE REBATE

(a) Of the general funds transferred to the general bond fund in Sec. 17(a) of No. 149 of the Acts of 2002, $155,000.00 shall be transferred to the general fund to be used to cover the costs of the interest arbitrage rebate to the Internal Revenue Service.

Sec. 45. Sec. 5(a)(1) of No. 149 of the Acts of 2002 is amended to read:

(1) state aid for school construction projects pursuant to section 3448 of Title 16:

~~12,750,249~~ 12,595,249

Sec. 46. FUND TRANSFERS

(a) Notwithstanding any other provisions of law, in fiscal year 2003:

(1) The following amounts shall be transferred to the general fund from the accounts indicated:

Fidelity / Interest Earnings 340,000 Approx

Premium on Revenue Anticipation Notes 678,750

VEDA Note repayments 168,976

Abandoned Property 893,100 Approx

Amortization of WR Grace 18,556

Caledonia Fair 5,000

Cash Management Improvement Fund 9,049

Liquor Control 212,989 Approx

(2) All or a portion of the unencumbered balances in the insurance regulatory and supervision fund (Fund Number 21075), the captive insurance regulatory and supervision fund (Fund Number 21085), and the securities regulatory and supervision fund (Fund Number 21080), expected to be approximately $5,544,914.00, shall be transferred to the general fund, provided that on or before July 1, 2003, the commissioner of banking, insurance, securities, and health care administration certifies to the joint fiscal committee that the transfer of such balances, or any smaller portion deemed proper by the commissioner, will not impair the ability of the department in fiscal year 2004 to provide thorough, competent, fair, and effective regulatory services, or maintain accreditation by the National Association of Insurance Commissioners; and that the joint fiscal committee does not reject such certification.

(3) Notwithstanding 18 V.S.A. § 9502(b), $1,663,365.00 shall be transferred from the tobacco litigation settlement fund to the general fund.

Sec. 47. REVERSIONS

(a) Notwithstanding any other provisions of law, in fiscal year 2003, the following amounts shall revert to the general fund from the accounts indicated:

Dept ID Name Amount

1100050000 Independent Health Care Comm 51,062

1110024000 Americans With Disabilities Act 5,001

1140050000 Homestead Property Tax Assistance 60,386

1140070000 Use Tax Reimbursement Program 50,000

1150880001 St Johnsbury Courthouse 23,768

1150880101 BGS - Miscellaneous Expenditures 2,543

1150880206 Y2K Infrastructure 3,613

0015202511 Montpelier Parking Structure 2,049

1210005000 Minimum Wage 8,271

1260130000 Champion Lands Study 1,500

2170012000 Training 29,400

2230880102 Town Boundary Surveys 2,750

3130880001 Woodside 43,500

3160889902 Pressure Mapping Devices 1,700

3180006000 Youth On Probation 120,879

5100880107 Harassment And Hazing 100

5100880108 Research for 113/2000 16,007

5100340000 Challenge To Excellence 60/97 2,942

Other reversions:

(1) From the amounts appropriated to the secretary of administration for transfer to the referenced departments in Sec. 267 of No. 62 of the Acts of 1999:

DSW - Hearing Aids 215,934

(2) From the amounts appropriated to the secretary of administration for transfer to the referenced departments in Sec. 251(a) of No. 152 of the Acts of 2000:

Vermont Veterans’ Home - Revenue Shortfall 175,000

Criminal Justice Training Council - Training 45,600

(3) From the amounts appropriated to the secretary of administration for transfer to the referenced departments in Sec. 252(a) of No. 152 of the Acts of 2000:

Education - Debate And Forensic Speaking 15,000

OEO - Food Stamp Outreach 20,000

Vermont Student Assistance Corporation - Implementation Of Individual Development Accounts For Postsecondary Education 125,000

(b) Notwithstanding any other provisions of law, in fiscal year 2003, the following amount shall revert to the transportation fund from the account indicated:

Dept ID Name Amount

1140050000 Homestead Property Tax Assistance 11,423

(c) Notwithstanding any other provisions of law, in fiscal year 2003, the following amounts shall revert to the education fund from the accounts indicated:

Dept ID Name Amount

1140050000 Homestead Property Tax Assistance 170,479

1140060000 Grand List Assistance 40,000

5100050000 State-Placed Students 1,442,390

5100090000 Education Grant 540,142

5100100000 Transportation 243,903

5100110000 Small School Grant 122,264

5100120000 Debt Service Aid 25,461

5100130000 Local Share Property Tax 1,499,017

5100160000 Pilot Tech Ed Projects 450,000

Sec. 48. Sec. 9(a)(1) and (2) of No. 66 of the Acts of 2001 are amended to read:

(1) From the general fund for the fiscal year beginning July 1, 2001, $4,716,708.00, and for the fiscal year beginning July 1, 2002, ~~$6,381,422.00~~ $6,213,377.00.

(2) From the transportation fund for the fiscal year beginning July 1, 2001, $2,447,220.00, and for the fiscal year beginning July 1, 2002, ~~$3,345,001.00~~ $2,803,121.00.

Sec. 49. 31 V.S.A. § 654a is added to read:

§ 654a. MULTIJURISDICTIONAL LOTTERY GAME

(a) In addition to the Tri-State Lotto Compact provided for in subchapter 2 of this chapter, and the other authority to operate lotteries contained in this chapter, the commission is authorized to negotiate and contract with a multijurisdictional lottery to offer and provide a multijurisdictional lottery game, starting July 1, 2003, or as soon thereafter as practicable. The commission shall adopt rules under chapter 25 of Title 3 to govern the establishment and operation of a multijurisdictional lottery game.

(b) In each fiscal year, the revenues received from the operation of a multijurisdictional lottery game, after payment of prizes and costs of administration, shall be deposited in the education fund established in section 4025 of Title 16.

(c) The provisions of subdivisions 674L.1.1A through 674L.1.1I of this title shall apply to the payment of prizes to a person other than a winner for prizes awarded under the multijurisdictional lottery authorized by this section, except that the Vermont lottery commission shall be responsible for implementing such provisions under this section, rather than the Tri-State Lotto Commission.

Sec. 50. 16 V.S.A. § 4025(a)(4) is amended to read:

(4) Revenues from state lotteries and any multijurisdictional lottery game under chapter 14 of Title 31.

Sec. 51. 31 V.S.A. § 663 is amended to read:

§ 663. STATE GAMING LAWS INAPPLICABLE AS TO LOTTERY

~~Chapter 51, subchapters~~ Subchapters 1, 2 and 3 of chapter 51 of Title 13 shall not apply to the sale of lottery tickets as provided in this chapter. No law providing for any penalty or disability for the sale of lottery tickets or any acts done in connection with a lottery shall apply to the sale of tickets or acts performed pursuant to this chapter.

Sec. 52. RULEMAKING AUTHORITY FOR LOTTERY

(a) The lottery commission may utilize any emergency or expedited rulemaking process if necessary to meet the proposed July 1, 2003 starting date for a multijurisdictional lottery game.

(b) The lottery commission is authorized to join a multijurisdictional lottery which provides indemnification for its standing committee members, officers, directors, employees, and agents.

Sec. 53. SECRETARY OF ADMINISTRATION; CARRY‑FORWARD

AUTHORITY

(a) Notwithstanding any other provisions of law and subject to the approval of the secretary of administration, general, transportation, and education fund appropriations and fish and wildlife fund appropriations for land acquisition remaining unexpended as of June 30, 2003 shall be carried forward and shall be reserved for expenditure.

Sec. 54. FISCAL YEAR 2003 VETERANS’ MEDALS

(a) The amount of $15,000.00 is appropriated from the general fund to the military department, division of veterans’ affairs, for the cost of medals in fiscal year 2003. Any unexpended funds shall carry forward for this purpose.

(b) The amount of $5,000.00 is appropriated from the general fund to the military department, division of veterans affairs, to be paid as a grant to the Brattleboro American Legion Post # 5 for the Korean War memorial and celebration.

Sec. 55. JOINT FISCAL COMMITTEE STAFF TRANSITION

(a) The amount of $63,000.00 in general funds is appropriated to the joint fiscal committee for a one-time transition cost.

Sec. 56. Sec. 303(a) of No. 142 of the Acts of 2002 is amended to read:

Sec. 303. 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:. Amounts of revenue above these appropriated amounts shall be returned to the general fund.

(1) The sum of $224,000.00 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program;

(2) The sum of $11,088,000.00 is appropriated from the housing and conservation trust fund to the housing and conservation trust board;

(3) The sum of $3,769,920.00 is appropriated from the municipal and regional planning fund as follows:

(A) $2,638,944.00 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);

(B) $753,984.00 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);

Sec. 57. SPECIAL DEBT REDUCTION ADJUSTMENT

(a) The state treasurer, in consultation with the secretary of administration, shall negotiate forgiveness of up to $7,500,000.00 in loans between the state of Vermont and the Vermont economic development authority pursuant to agreements issued since January 1994 as follows:

(1) The Vermont economic development authority shall submit a debt forgiveness proposal to the state treasurer with copies to the secretary of administration and filed with the legislative joint fiscal committee.

(2) Said submission shall include:

(A) The specific loans or part of loans to be forgiven; and

(B) A plan for use of any financial capacity generated in the Vermont economic development authority created by this loan forgiveness.

(3) The negotiated agreement shall require that the Vermont economic development authority continue to make payments which are substantially equal to the current scheduled payments until the remaining debt is paid in full.

Sec. 58. CAR RENTAL TAX CORRECTION

(a) Notwithstanding 16 V.S.A. § 4025, proceeds from the motor vehicle rental tax received during fiscal years 2002 and earlier that were to be paid into the education fund and were deposited in the transportation fund shall remain in the transportation fund. Proceeds from the motor vehicle rental tax from fiscal year 2003 and on shall be allocated in accordance with the provisions of 16 V.S.A. § 4025.

Sec. 59. EFFECTIVE DATE

(a) This act shall take effect from passage.

Approved: May 6, 2003