NO. 66. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
(H.464)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2004 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2004. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2003. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2004 so as to meet this condition unless otherwise directed by specific language in this act.
Sec. 3. APPROPRIATIONS
(a) 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 declared to be single-year appropriations, and only for the purpose indicated. These appropriations shall be the only appropriations available, notwithstanding any other acts or laws. 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.
(b) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2004.
Sec. 4. TIME AVAILABLE
(a) The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2004. The balance of any appropriations made in this act remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act. Refunds of expenditures and reimbursements, except liability insurance premiums, which have been paid from the appropriations of a prior year, shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year, unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended.
Sec. 5. 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 supplies - food, medical, clothing, educational, fuel, highway materials and similar items; contractual services - postage, telephone, travel expenses, light, heat and power, rentals, insurance and other similar items; equipment articles of substantial value which have a long period of usefulness - desks, computers, typewriters, furniture, motor vehicles and similar items; and expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items.
(4) “Personal services” means wages and salaries, consulting services, personnel benefits, personal injury benefits under 21 V.S.A. § 636 and similar items.
Sec. 6. Source OF FUNDS
(a) The appropriations made in this act are made for the fiscal year ending June 30, 2004 except as provided in this act, and are to be paid from funds shown as the source of funds.
Sec. 7. Secretary of administration - secretary’s office
Personal services 392,310
Operating expenses 60,902
Total 453,212
Source of funds
General fund 371,337
Transportation fund 61,875
Interdepartmental transfer 20,000
Total 453,212
(a) The secretary of administration shall compile a list of all reports legislatively required of units of state government and, in consultation with the legislative council and the joint fiscal office, submit a proposal to prioritize these requirements. The list and proposal shall be submitted to the house and senate appropriations committees by January 15, 2004.
Sec. 7a. FEDERAL JOBS AND GROWTH TAX RELIEF
RECONCILIATION ACT OF 2003 (H.R. 2) FLEXIBLE
ASSISTANCE
(a) The secretary of administration is authorized to accept flexible assistance funds that are available to the state from the federal Tax Reconciliation Legislation (H.R. 2) enacted during the first session of the 108th Congress. These funds are appropriated in Sec. 168 of this act to the department of corrections-correctional services, in state fiscal year 2004.
(b) The sum of $13,100,000.00 in general funds is hereby appropriated on a one-time basis as follows:
(1) To the agency of administration, $6,500,000.00:
(A) The sum of $2,000,000.00 for the financial management system development special fund (VISION). Said funds shall be reserved by the secretary for transfer to departments to offset agencies’ general fund obligations to make payments to the fund;
(B) The sum of $1,500,000.00 for funding for HRMS upgrade and related expenses; and
(C) The sum of $3,000,000.00 to the facilities operations revolving fund. Said funds shall be reserved by the secretary for transfer to departments to offset agencies’ general fund obligations to make payments to the fund.
(2) To the department of public safety, $1,250,000.00 to provide $1,000,000.00 toward the purchase of vehicles and $250,000.00 to fill state police trooper positions.
(3) To the agency of human services, $3,600,000.00 as follows:
(A) The sum of $3,100,000.00 to the department of corrections; $1,600,000.00 for start up expenses of the Springfield prison and $1,500,000.00 for additional beds and housing expenses;
(B) The sum of $500,000.00 to the department of health; $250,000.00 to support countermarketing undertaken pursuant to 18 V.S.A. Chapter 225 and $250,000.00 for evaluation of tobacco control and cessation programs in the state.
(4) To the legislature, $750,000.00 to provide funding for a seventeen week session.
(5) To the agency of commerce and community development, department of tourism and marketing, $1,000,000.00 for tourism promotion.
The above appropriations shall not be made until the federal funds received in accordance with subsection (a) above equal or exceed $13,100,000.00. If amounts less than this are received the appropriations in this subsection shall be adjusted accordingly and proportionately.
(c) Any remaining general funds derived from the federal flexible assistance funding shall be deposited in the following order:
(1) The sum of $11,900,000.00 in the general fund surplus reserve to be available for budget adjustment pressures;
(2) Any remaining funds deposited in the general fund budget stabilization reserve until said reserve reaches 5 percent; and
(3) In the event that the general fund budget stabilization reserve is fully funded, remaining funds shall be deposited in the general fund surplus reserve.
Sec. 7b. ONE TIME APPROPRIATION FOR SUNRISE PROFESSIONAL
REGULATION
(a) There is appropriated to the secretary of administration the sum of $20,000.00 from the general fund. These funds may be transferred to the secretary of state to pay for professional regulation related expenses incurred by the secretary of state in fiscal year 2004 for new profession regulation requests.
Sec. 8. Information and innovation
Personal services 3,954,911
Operating expenses 3,677,219
Total 7,632,130
Source of funds
Internal service funds 7,519,629
Interdepartmental transfer 112,501
Total 7,632,130
Sec. 9. Finance and management - financial operations
Personal services 1,676,539
Operating expenses 1,016,119
Total 2,692,658
Source of funds
Internal service funds 2,522,208
Interdepartmental transfer 170,450
Total 2,692,658
Sec. 10. Finance and management - budget and management
Personal services 832,540
Operating expenses 108,053
Total 940,593
Source of funds
General fund 701,756
Transportation fund 137,467
Interdepartmental transfer 101,370
Total 940,593
Sec. 11. Finance and management - education and functional support
Personal services 241,914
Operating expenses 38,300
Total 280,214
Source of funds
Internal service funds 280,214
Sec. 12. AUTHORITY TO CHARGE
(a) The commissioner of finance and management is authorized to charge departments for recurrent VISION processing errors, and such charges shall be deposited into the financial management internal service fund. Prior to any such charge, the department of finance and management shall develop and establish a schedule of charges with an appeal and forgiveness process. Annually, by September 1, the department of finance and management shall submit to the joint fiscal committee a report on rates established and charges made during the prior fiscal year.
Sec. 13. Personnel - operations
Personal services 1,453,767
Operating expenses 317,420
Total 1,771,187
Source of funds
General fund 1,044,452
Transportation fund 449,103
Interdepartmental transfer 277,632
Total 1,771,187
Sec. 14. Personnel - HR workforce planning & employment services
Personal services 721,354
Operating expenses 288,710
Total 1,010,064
Source of funds
General fund 560,051
Transportation fund 227,013
Special funds 223,000
Total 1,010,064
Sec. 15. Personnel - employee benefits & wellness
Personal services 1,443,061
Operating expenses 276,380
Total 1,719,441
Source of funds
Internal service funds 1,719,441
Sec. 16. Personnel - information technology
Personal services 414,404
Operating expenses 251,900
Total 666,304
Source of funds
Internal service funds 666,304
Sec. 17. Libraries
Personal services 1,637,993
Operating expenses 1,496,621
Grants 45,000
Total 3,179,614
Source of funds
General fund 2,232,536
Special funds 185,745
Federal funds 615,833
Interdepartmental transfer 145,500
Total 3,179,614
Sec. 18. Libraries - special services: handicapped
Personal services 197,734
Operating expenses 24,413
Total 222,147
Source of funds
General fund 90,209
Special funds 1,000
Federal funds 130,938
Total 222,147
Sec. 19. Tax - administration/collection
Personal services 9,844,847
Operating expenses 2,117,271
Total 11,962,118
Source of funds
General fund 10,876,798
Transportation fund 263,785
Special funds 587,535
Tobacco fund 58,000
Interdepartmental transfer 176,000
Total 11,962,118
Sec. 20. Tax - revenue and returns processing
Personal services 1,014,411
Operating expenses 361,100
Total 1,375,511
Source of funds
General fund 1,375,511
Sec. 21. Buildings and general services - administration
Personal services 1,259,073
Operating expenses 107,905
Total 1,366,978
Source of funds
Interdepartmental transfer 1,366,978
(a) The administration fee charged to each of the other divisions in the department of buildings and general services in Secs. 22 through 35 of this act and transferred to the administration division of the department shall be increased by 13.37 percent above the amount proposed by the administration in fiscal year 2004 budget presentation documents.
(b) The commissioner of buildings and general services and the commissioner of corrections shall jointly study the most effective means of preventing repetitive damage and vandalism at correctional facilities. The commissioners shall jointly report their findings, recommendations and any budget implications to the senate and house committees on appropriations and institutions by January 15, 2004.
Sec. 22. Buildings and general services - engineering
Personal services 1,700,225
Operating expenses 344,569
Total 2,044,794
Source of funds
General fund 1,702,659
Transportation fund 273,669
Interdepartmental transfer 68,466
Total 2,044,794
Sec. 23. Buildings and general services - information centers
Personal services 2,991,677
Operating expenses 1,115,671
Grants 259,333
Total 4,366,681
Source of funds
General fund 183,731
Transportation fund 4,182,950
Total 4,366,681
(a) Of the above appropriation, $25,000.00 of transportation funds shall be used to offset rent payments at the White River Junction information centers which shall be operated by the eastern Vermont regional marketing organization or the Hartford area chamber of commerce.
Sec. 24. Buildings and general services - purchasing
Personal services 752,343
Operating expenses 292,707
Total 1,045,050
Source of funds
General fund 778,114
Transportation fund 266,936
Total 1,045,050
Sec. 25. Buildings and general services - public records
Personal services 774,193
Operating expenses 423,771
Total 1,197,964
Source of funds
General fund 930,328
Transportation fund 90,003
Special funds 177,633
Total 1,197,964
Sec. 26. Buildings and general services - postal services
Personal services 514,216
Operating expenses 284,201
Total 798,417
Source of funds
General fund 39,933
Transportation fund 26,946
Internal service funds 731,538
Total 798,417
Sec. 27. Buildings and general services - copy center
Personal services 720,762
Operating expenses 872,874
Total 1,593,636
Source of funds
Internal service funds 1,593,636
Sec. 28. Buildings and general services - supply center
Personal services 185,994
Operating expenses 308,217
Total 494,211
Source of funds
Internal service funds 494,211
Sec. 29. Buildings and general services - federal surplus property
Personal services 54,832
Operating expenses 111,191
Total 166,023
Source of funds
Enterprise funds 166,023
Sec. 30. Buildings and general services - state surplus property
Personal services 52,229
Operating expenses 58,617
Total 110,846
Source of funds
Internal service funds 110,846
(a) The commissioner of the department of buildings and general services shall study the feasibility of merging the federal and state surplus property programs. The commissioner shall report the study results to the house and senate appropriations committees by January 15, 2004.
Sec. 31. Buildings and general services - property management
Personal services 957,553
Operating expenses 3,274,546
Total 4,232,099
Source of funds
Internal service funds 4,232,099
Sec. 32. Buildings and general services - all other insurance
Personal services 51,083
Operating expenses 26,463
Total 77,546
Source of funds
Internal service funds 77,546
Sec. 33. Buildings and general services - general liability insurance
Personal services 608,982
Operating expenses 118,512
Total 727,494
Source of funds
Internal service funds 727,494
Sec. 34. Buildings and general services - workers’ compensation insurance
Personal services 1,068,200
Operating expenses 117,812
Total 1,186,012
Source of funds
Internal service funds 1,186,012
(a) The establishment of six (6) new classified positions – four (4) Nurse Case Manager, one (1) Nurse Case Manager Supervisor and one (1) Administrative Assistant – is authorized in fiscal year 2004. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.
(b) Prior to hiring the additional nurses funded in this section, the secretary of administration shall review the contractual obligations required of the wellness program to determine whether any of the nursing capacity supporting the wellness program can be assigned to workers’ compensation.
Sec. 35. Buildings and general services - fee for space
Personal services 8,851,433
Operating expenses 8,383,914
Total 17,235,347
Source of funds
General fund 301,192
Internal service funds 16,934,155
Total 17,235,347
(a) Pursuant to 29 V.S.A. § 160a(b)(3), fee‑for‑space charges of $16,934,155.00 are hereby approved. The commissioner of buildings and general services shall cause any deficit in the fee‑for‑space internal service fund at the end of fiscal year 2003 to be eliminated by the end of fiscal year 2014 through the aggressive management of expenditures and a surcharge on fees beginning in fiscal year 2005.
(b) The establishment of eight (8) new classified positions – three (3) Maintenance Mechanic II, one (1) Custodian II, one (1) Custodian I, one (1) HVAC Specialist, one (1) Propane Specialist, and one (1) Plumber – is authorized in fiscal year 2004. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 36. Geographic information system
Grants 376,992
Source of funds
Special funds 376,992
Sec. 37. Auditor of accounts
Personal services 1,503,855
Operating expenses 109,150
Total 1,613,005
Source of funds
General fund 445,062
Transportation fund 73,252
Special funds 52,167
Internal service funds 1,042,524
Total 1,613,005
Sec. 38. State treasurer
Personal services 2,237,841
Operating expenses 340,382
Total 2,578,223
Source of funds
General fund 696,913
Transportation fund 128,477
Special funds 1,701,627
Private purpose trust funds 51,206
Total 2,578,223
(a) The establishment of two (2) new classified positions – one (1) Accountant B and one (1) System Developer II – is authorized in fiscal year 2004. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 38a. FIREFIGHTER SURVIVOR DEATH BENEFIT
APPROPRIATIONS
(a) There is appropriated to the state treasurer the amount of $50,000.00 in general funds to be used for firefighter survivor death benefits in fiscal year 2003.
(b) There is appropriated to the state treasurer the amount of $50,000.00 in general funds to be used for firefighter survivor death benefits in fiscal year 2004.
Sec. 38b. 32 V.S.A. § 431 is amended to read:
§ 431. DEPOSITORIES OF STATE FUNDS
(a) The treasurer, the auditor and the governor shall select the banks in which the funds of the state treasury shall be deposited. Each agency or department of the state shall be required to obtain the approval of the treasurer to establish and maintain a bank account of a selected bank as well as develop procedures, approved by the treasurer, to reconcile a bank account. The treasurer shall annually furnish the auditor, on a timely basis, a certified statement from each bank, with which he or she has an account, of the amount of such account.
(b) The treasurer is hereby authorized to enter into a pledgee agreement with the federal reserve bank for the purposes of collateralization of account balances through the use of a joint-custody account. The treasurer is authorized to execute the federal reserve bank’s standard form pledgee agreement, including the limitations of liability, limitations of duties and indemnification contained in the pledgee agreement.
Sec. 39. State treasurer - abandoned property
Personal services 286,952
Operating expenses 157,806
Total 444,758
Source of funds
Private purpose trust funds 444,758
Sec. 40. Vermont state retirement system
Personal services 17,007,758
Operating expenses 665,940
Total 17,673,698
Source of funds
Pension trust funds 17,673,698
(a) The state treasurer, in consultation with the retirement boards referenced in 3 V.S.A. § 471, 16 V.S.A. § 1942 and 24 V.S.A. § 5062, shall develop a proposal to unitize the assets of the pension funds for the Vermont employees’ retirement system, the state teachers’ retirement system of Vermont, and the municipal employees’ retirement system of Vermont. The proposal should include an estimate of projected cost savings and a plan for administration and governance of the unitized fund, as well as a schedule for implementation of the proposal. The proposal shall be submitted to the house and senate committees on appropriations and government operations by January 15, 2004.
(b) The state treasurer shall conduct a review of how, and to what degree, other states and governmental entities invest pension fund assets in in-state venture capital funds and other investment opportunities so as to promote economic growth and job creation.
Sec. 41. Municipal employees’ retirement system
Personal services 904,300
Operating expenses 199,095
Total 1,103,395
Source of funds
Pension trust funds 1,103,395
Sec. 42. State labor relations board
Personal services 145,078
Operating expenses 34,740
Total 179,818
Source of funds
General fund 168,272
Transportation fund 5,676
Special funds 5,870
Total 179,818
Sec. 43. Executive office - Governor’s office
Personal services 1,084,819
Operating expenses 270,574
Grants 51,978
Total 1,407,371
Source of funds
General fund 1,090,705
Transportation fund 194,481
Special funds 3,185
Interdepartmental transfer 119,000
Total 1,407,371
Sec. 44. Executive office - national and community service
Personal services 161,890
Operating expenses 95,219
Grants 1,208,112
Total 1,465,221
Source of funds
General fund 57,000
Federal funds 1,408,221
Total 1,465,221
Sec. 45. VOSHA review board
Personal services 31,681
Operating expenses 8,619
Total 40,300
Source of funds
General fund 20,150
Federal funds 20,150
Total 40,300
Sec. 46. Use tax reimbursement fund - municipal current use
Grants 5,700,000
Source of funds
General fund 3,389,610
Transportation fund 2,310,390
Total 5,700,000
Sec. 47. Lieutenant governor
Personal services 103,049
Operating expenses 15,502
Total 118,551
Source of funds
General fund 94,738
Transportation fund 23,813
Total 118,551
Sec. 48. Legislature
Personal services 2,389,401
Operating expenses 2,162,869
Total 4,552,270
Source of funds
General fund 3,684,593
Transportation fund 867,677
Total 4,552,270
(a) Of the above appropriation $50,000.00 shall be used to support the national legislative association on prescription drug pricing. In fiscal year 2005 support for the national legislative association on prescription drug pricing shall be $15,000.00.
Sec. 48a. APPROPRIATION; LEGISLATURE; 2003 SESSION
(a) There is appropriated to the legislature from the general fund in fiscal year 2003 the amount of $400,000.00 for costs of the 2003 legislative session incurred after May 17, 2003.
(b) After May 24, 2003, for attendance for a day of session or a committee of conference for the remainder of the 2003 legislative session, a member of the house of representatives or the senate shall be entitled to compensation for services and reimbursement of expenses at the daily rate established in sections 1051 and 1052 of Title 32.
Sec. 49. Legislative council
Personal services 1,722,345
Operating expenses 120,055
Total 1,842,400
Source of funds
General fund 1,553,692
Transportation fund 288,708
Total 1,842,400
(a) The legislative council shall not fill any additional information technology positions in fiscal year 2004 unless approval is given by the committee on joint rules and the legislative technology oversight committee.
Sec. 49a. LEGISLATIVE COUNCIL; DAIRY COMPACT ACTIVITIES;
FUNDING
(a) There is appropriated to the legislative council from the general fund in fiscal year 2004 the amount of $50,000.00 for the sole purpose of retaining a consultant and supporting activities for the promotion of dairy price enhancement through interstate action. The consultant shall be retained and associated expenditures made at the direction of the chairs of the senate and house committees on appropriations and the chair and vice chair of the senate and house committees on agriculture, respectively, with the approval of the president pro tem of the senate and the speaker of the house.
Sec. 49b. STUDY COMMITTEE ON STANDARDS FOR MUNICIPAL
LAND RECORDS
(a) There is created a study committee on developing guidance for the maintenance of municipal land records in the state. The committee shall consist of:
(1) one member of the house appointed by the speaker;
(2) one member of the senate appointed by the committee on committees;
(3) the state archivist;
(4) one member appointed by the governor from the department of buildings and general services representing the public records division;
(5) one member selected by the Vermont bar association;
(6) one member selected by the Vermont paralegals association;
(7) three members selected by the Vermont clerks and treasurers association representing towns with different: populations, grand list sizes, number of land transactions occurring annually, and geographic regions of the state;
(8) one member selected by the Vermont land surveyors’ association;
(9) one member selected by the Vermont association of planning and development associations to represent planning commissions;
(10) one member appointed by the governor to represent title insurers.
(b) The commission shall review existing practices of recording municipal land records in the state and in other jurisdictions, with the purpose of modernizing the management of Vermont’s municipal land records affecting title to real property. At a minimum, the commission shall consider the following:
(1) Developing standards for the content and format of land records affecting title to property in the state.
(2) Developing standards for the indexing of land records throughout the state.
(3) Developing technology standards for the automation or computerization of land records.
(4) Recommending sustainable funding sources to support the modernization, automation, and computerization of land records.
(c) The organizational meeting shall be called by the state archivist. The committee may meet up to six times and shall present a report of its recommendations to the general assembly before January 15, 2004.
(d) Legislative members shall be entitled to compensation and reimbursement of expenses pursuant to section 406 of Title 2. Members of the commission who are not employees of the state of Vermont shall be entitled to compensation pursuant to section 1010 of Title 32.
(e) The sum of $7,500.00 is appropriated from the general fund to the legislative council to accomplish the purposes of this section.
Sec. 50. Sergeant at arms
Personal services 350,057
Operating expenses 44,788
Total 394,845
Source of funds
General fund 344,540
Transportation fund 50,305
Total 394,845
(a) The establishment of one (1) new exempt position – Security Officer – is authorized in fiscal year 2004. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 50a. STATE HOUSE SECURITY
(a) A working group on capitol complex security consisting of the commissioner of public safety, the commissioner of buildings and general services, the sergeant at arms, and one member each from the house and senate committees on appropriations and institutions, to be appointed by the speaker of the house and the committee on committees, shall report to the joint rules committee at its September 2003 meeting with recommendations for coordinated security within the state house and capitol complex.
Sec. 50b. SERGEANT AT ARMS – FISCAL YEAR 2003 BUDGET
ADJUSTMENT
(a) There is appropriated $61,000.00 from the general fund in fiscal year 2003 to the sergeant at arms for budgetary needs.
Sec. 51. Joint fiscal committee
Personal services 887,287
Operating expenses 67,933
Total 955,220
Source of funds
General fund 787,920
Transportation fund 167,300
Total 955,220
Sec. 51a. Sec. 4 of No. 119 of the Acts of 2000 is amended to read:
Sec. 4. BASIC NEEDS BUDGET CALCULATIONS; JOINT FISCAL
OFFICE
The joint fiscal office shall issue a report on
or before January 15 of each year until January 15, 2004 2006
that includes a computation of base line data of the cost of living in Vermont
and the current wage levels within various sectors of the economy, using the
methodology of the report prepared for the livable income study committee
issued on November 9, 1999. The report shall include:
(1) A set of “basic needs budgets” for various household configurations for the previous year. The “basic needs budgets” are calculations of the amount of money needed by various household configurations to maintain a decent standard of living in Vermont, using current state and federal data sources for determining such basic monthly expenses as food, housing, transportation, child care, utilities, personal expenses and health care.
(2) A review of current state wage distributions.
(3) Changes in the federal minimum wage and in the minimum wage rates of surrounding and comparable states.
Sec. 52. Lottery commission
Personal services 1,228,565
Operating expenses 1,022,961
Total 2,251,526
Source of funds
Enterprise funds 2,251,526
(a) The lottery commission shall not reduce funding for the responsible gambling program.
(b) Of the above appropriation, $40,000.00 shall be transferred to the department of health, office of alcohol and drug abuse programs to augment funds for the gambling addiction program.
(c) The lottery commission shall contract for an independent review of lottery advertising effectiveness, specifically the use of lottery employees in advertising.
(d) The lottery commission shall explore the feasibility of printing Amber Alert information on the back of lottery tickets.
Sec. 52a. 31 V.S.A. § 658(b) is amended to read:
(b) Expenditures for administrative and
overhead expenses of the operation of the lottery, except agent and bank
commissions, shall be paid from lottery receipts from an appropriation
authorized for that purpose. Agency Agent commissions shall
be set by the lottery commission and may not exceed 5.75 6.25
percent of gross receipts and bank commissions may not exceed 1 percent of
gross receipts.
Sec. 53. Payments in lieu of taxes
Grants 2,250,000
Source of funds
General fund 800,000
Special funds 1,450,000
Total 2,250,000
(a) The above appropriation is for state payments in lieu of property taxes under 32 V.S.A. chapter 123, subchapter 4, 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. 53a. PILOT ONE-TIME APPROPRIATION
(a) There is appropriated $200,000.00 of general funds in fiscal year 2004 to the tax department for the PILOT program.
Sec. 53b. 24 V.S.A. § 138(d) is amended to read:
(d) Of the taxes reported under this section, 80 percent shall be paid to the municipality in which they were reported for calendar year 1999, 70 percent shall be paid to the municipality in which they were reported for calendar years thereafter. Such revenues may be expended by the municipality for municipal services only and not for educational expenditures. The remaining amount of the taxes reported shall be remitted monthly to the state treasurer for deposit in the PILOT special fund established in Sec. 89 of No. 60 of the Acts of 1997. Amounts to be paid to a municipality under this section shall be reduced by five percent to reflect the difference between the amounts reported and collected. Taxes due to a municipality under this section, less the costs of administration and collection, shall be paid on a quarterly basis.
Sec. 54. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 55. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 56. Total general government 129,147,384
Source of funds
General fund 47,973,302
Transportation fund 10,089,826
Special funds 4,764,754
Tobacco fund 58,000
Federal funds 2,175,142
Enterprise funds 2,417,549
Internal service funds 39,837,857
Pension trust funds 18,777,093
Private purpose trust funds 495,964
Interdepartmental transfer 2,557,897
Total 129,147,384
Sec. 57. Protection to persons and property - Attorney general
Personal services 4,361,588
Operating expenses 878,657
Total 5,240,245
Source of funds
General fund 2,086,068
Transportation fund 85,971
Special funds 1,353,333
Tobacco fund 290,000
Federal funds 468,346
Interdepartmental transfer 956,527
Total 5,240,245
Sec. 57a. HYDROELECTRIC APPRAISAL APPEALS – CONTINUED
FUNDING
(a) There is appropriated from the general fund in fiscal year 2004 $75,000.00 to the attorney general for continued litigation costs associated with the appeals of hydroelectric facilities in Vermont.
Sec. 57b. ONE-TIME APPROPRIATION; PROFESSIONAL LICENSING
UNIT TRANSFER
(a) In order to facilitate the transfer of the professional licensing unit from the office of the attorney general to the secretary of state, $25,000.00 in general funds is appropriated to the attorney general on a one-time basis.
Sec. 58. Attorney general - telemarketing fraud
Personal services 126,888
Operating expenses 23,112
Total 150,000
Source of funds
Federal funds 150,000
Sec. 59. Vermont court diversion
Grants 1,264,041
Source of funds
General fund 745,531
Transportation fund 177,804
Special funds 340,706
Total 1,264,041
(a) Of the above general fund appropriation, $30,000.00 shall be allocated for a grant to the Rutland county court diversion program for the juvenile sexual offender treatment program.
Sec. 60. Center for crime victims services
Personal services 842,250
Operating expenses 264,604
Grants 4,612,084
Total 5,718,938
Source of funds
General fund 728,828
Special funds 760,767
Federal funds 4,166,843
Interdepartmental transfer 62,500
Total 5,718,938
Sec. 60a. ONE-TIME APPROPRIATION; CRIME VICTIMS SERVICES
(a) There is appropriated the sum of $40,000.00 from the general fund to the center for crime victims services. These funds shall be used to provide one-time enhancement grants. The grants shall be dispersed as follows: $5,500.00 to the project against violent encounters and the remaining funds shall be made at levels of $2,300.00 to each of the member organizations of the domestic violence and sexual abuse network.
Sec. 61. Center for crime victims services - victim compensation
Grants 610,000
Source of funds
Special funds 420,000
Federal funds 190,000
Total 610,000
Sec. 62. State’s attorneys
Personal services 7,217,041
Operating expenses 1,027,084
Grants 30,000
Total 8,274,125
Source of funds
General fund 6,269,290
Transportation fund 456,076
Federal funds 5,000
Interdepartmental transfer 1,543,759
Total 8,274,125
Sec. 62a. ADDISON COUNTY STATE’S ATTORNEY; ONE-TIME
APPROPRIATION
(a) There is appropriated the sum of $25,000.00 from the general fund to the state’s attorney to support a temporary deputy state’s attorney in Addison county.
Sec. 63. Sheriffs
Personal services 1,129,834
Operating expenses 65,971
Total 1,195,805
Source of funds
General fund 1,130,298
Transportation fund 65,507
Total 1,195,805
(a) Of the above appropriation, $15,000.00 shall be transferred to the state’s attorneys’ office as reimbursement for the cost of the executive director’s salary.
Sec. 64. Sheriffs - transport
Personal services 1,246,020
Operating expenses 247,755
Total 1,493,775
Source of funds
General fund 855,070
Transportation fund 638,705
Total 1,493,775
Sec. 64a. SHERIFFS’ TRANSPORT; ONE-TIME APPROPRIATION
(a) The sum of $150,000.00 in general funds is appropriated to the sheriffs’ department for transport in fiscal year 2004.
Sec. 65. Defender general - public defense
Personal services 4,958,827
Operating expenses 522,215
Total 5,481,042
Source of funds
General fund 4,423,230
Transportation fund 646,496
Special funds 366,316
Interdepartmental transfer 45,000
Total 5,481,042
Sec. 66. Defender general - assigned counsel
Personal services 2,210,095
Operating expenses 34,505
Total 2,244,600
Source of funds
General fund 1,984,071
Transportation fund 260,529
Total 2,244,600
Sec. 67. Defender general - ad hoc counsel
Personal services 127,403
Source of funds
General fund 127,403
Sec. 68. Military - administration
Personal services 429,899
Operating expenses 200,835
Grants 81,683
Total 712,417
Source of funds
General fund 712,417
(a) Of the above appropriation, $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which comprises $138,000.00 of the above appropriation and $62,000.00 carryforward fiscal year 2003 funds.
(b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not exceed $200,000.00 in fiscal year 2004, nor shall commitments or obligations be made for expenditure amounts above $200,000.00 in fiscal year 2005.
Sec. 68a. MILITARY FAMILY SERVICES; ONE-TIME APPROPRIATION
(a) There is appropriated to the military $30,000.00 of general funds in fiscal year 2004 for the costs of the family services center at Camp Johnson.
Sec. 69. Military - air service contract
Personal services 3,456,440
Operating expenses 886,961
Total 4,343,401
Source of funds
General fund 341,697
Federal funds 4,001,704
Total 4,343,401
Sec. 70. Military - army service contract
Personal services 2,390,179
Operating expenses 8,176,700
Total 10,566,879
Source of funds
General fund 133,494
Federal funds 10,433,385
Total 10,566,879
Sec. 71. Military - building maintenance
Personal services 916,596
Operating expenses 415,444
Total 1,332,040
Source of funds
General fund 1,332,040
Sec. 72. Military - veterans’ affairs
Personal services 157,723
Operating expenses 45,000
Grants 107,165
Total 309,888
Source of funds
General fund 309,888
(a) Of the above general fund appropriation, $15,000.00 shall be used for the Veterans’ Day Parade.
Sec. 72a. ONE-TIME APPROPRIATION; VETERANS’ MEDALS
(a) There is appropriated to the military department, division of veterans’ affairs, $25,000.00 of general funds in fiscal year 2004 for veterans’ medals.
Sec. 72b. ONE-TIME APPROPRIATION; SURVIVORS OF CASUALTIES;
OPERATION IRAQI FREEDOM
(a) There is appropriated $3,500.00 in general funds to the military department, division of veterans’ affairs, to be used to support Vermont survivors of casualties in Operation Iraqi Freedom. First priority shall be given to families of service persons who have died as a result of this military engagement. The funds can be used to provide for memorial service expenses including travel expenses. Any funds remaining at the end of fiscal year 2004 shall be used for cemetery maintenance.
Sec. 73. Labor and industry
Personal services 5,406,989
Operating expenses 1,273,800
Grants 70,000
Total 6,750,789
Source of funds
General fund 756,554
Special funds 4,802,539
Federal funds 1,134,548
Interdepartmental transfer 57,148
Total 6,750,789
Sec. 73a. STUDY AND REPORT; WORKERS’ COMPENSATION
(a) The joint fiscal office, the legislative council, with the department of labor and industry, in cooperation with the department of banking, insurance, securities, and health care administration, and an advisory committee appointed by the commissioner of labor and industry composed of three representatives from business and three representatives from labor shall study:
(1) All the factors that contribute to the annual increase in workers’ compensation insurance premium rates, the factors that contributed to the very high 17 percent increase in those premiums for 2003, the percentage of increases experienced by neighboring states and the other New England states, and a comparison of the percentage increase for Vermont employers as compared to neighboring states and the other New England states.
(2) Systems for delivering workers’ compensation insurance in other jurisdictions, including those with state workers’ compensation funds, hybrids of private and state funds, and variations of the private insurance delivery system, with particular attention to those states that experienced less than a 17 percent premium rate increase for 2003.
(3) Proposals for changes to the present delivery system that would be expected to stabilize or reduce workers’ compensation premium rate increases, including the cost of those proposals and any impact that the changes would have on the administration of the workers’ compensation program.
(b) The departments shall issue a report to the general assembly on or before January 1, 2004, that includes the following:
(1) A detailed explanation of the factors that affect annual premium rate increase, the specific factors that contributed to the high premium rate increase for workers’ compensation insurance coverage in Vermont in 2003, and a comparison of Vermont and its neighboring states and the other New England states. The comparison shall include for each state the percentage premium rate increase, a description of the workers’ compensation delivery system, and comparison of the common and differing factors that affected the rates.
(2) A detailed description and comparison of the most efficient and stable workers’ compensation delivery systems in place in other states that have experienced smaller increases in workers’ compensation premium rates, including a state workers’ compensation fund system, a changed private insurance delivery system, or a hybrid system comprising both a state fund and private insurers.
(3) Recommendations for changes to or reorganization of the Vermont workers’ compensation delivery system that could be expected to reduce or stabilize the double digit annual workers’ compensation insurance premium rate increases, including the cost of the recommended changes or reorganization and the impact of the recommendations in regard to the efficient administration of the workers’ compensation program; and the level and delivery of wage-replacement, medical, and rehabilitation benefits to injured workers, and workplace safety.
(4) Any other information that would enlighten and lead to a solution of stabilizing the annual increases in workers’ compensation insurance premiums in Vermont.
Sec. 74. 21 V.S.A. § 210(a) is amended to read:
(a) Upon issuance of a citation under this chapter, the review board is authorized to assess civil penalties for grounds provided in this subsection. In assessing civil penalties, the review board shall follow to the degree practicable the federal procedures prescribed in rules promulgated under the Act. The review board shall give due consideration to the appropriateness of the penalty with respect to the size of the business or operation of the employer being assessed, the gravity of the violation, the good faith of the employer, and the history of previous violations. Civil penalties shall be paid to the commissioner for deposit with the state treasurer, and may be recovered in a civil action in the name of the state of Vermont brought in any court of competent jurisdiction. The commissioner shall not reduce the assessed penalties in any fiscal year by more than 50 percent.
* * *
Sec. 75. Labor and industry - wage and hour
Personal services 123,447
Operating expenses 39,250
Total 162,697
Source of funds
General fund 162,697
Sec. 76. Criminal justice training council
Personal services 634,929
Operating expenses 730,515
Total 1,365,444
Source of funds
General fund 558,151
Transportation fund 348,154
Special funds 432,029
Interdepartmental transfer 27,110
Total 1,365,444
Sec. 77. Criminal justice training council - domestic violence
Personal services 25,337
Operating expenses 3,489
Total 28,826
Source of funds
Special funds 28,826
Sec. 78. Liquor control - enforcement and licensing
Personal services 1,412,065
Operating expenses 295,577
Total 1,707,642
Source of funds
Tobacco fund 318,973
Enterprise funds 1,388,669
Total 1,707,642
(a) The above tobacco fund appropriation shall be used for the sole purpose of education and enforcement. The department shall report on the use of these funds to the house and senate committees on appropriations by December 15, 2003.
Sec. 79. Liquor control - administration
Personal services 1,167,256
Operating expenses 332,915
Total 1,500,171
Source of funds
Enterprise funds 1,500,171
Sec. 80. Liquor control - warehousing and distribution
Personal services 627,381
Operating expenses 247,759
Total 875,140
Source of funds
Enterprise funds 875,140
Sec. 81. Vermont racing commission
Personal services 2,076
Operating expenses 2,924
Total 5,000
Source of funds
General fund 5,000
Sec. 82. Secretary of state
Personal services 2,847,266
Operating expenses 1,226,474
Total 4,073,740
Source of funds
General fund 522,023
Special funds 2,917,829
Federal funds 558,888
Interdepartmental transfer 75,000
Total 4,073,740
Sec. 83. [Deleted]
Sec. 84. 3 V.S.A. § 127(b) is amended to read:
(b) A person practicing a licensed regulated
profession without authority may, upon the complaint of the attorney general or
a state’s attorney or an attorney assigned by the office of professional
regulation, be enjoined there from by the superior court and may be
assessed a civil penalty of not more than $1,000.00. The attorney general
or an attorney assigned by the office of professional regulation may elect to
bring an action seeking only a civil penalty of not more than $1,000.00 for
practicing a regulated profession without authority before the board having
regulatory authority over the profession. Such hearings will be conducted in
the same manner as disciplinary hearings.
Sec. 85. 3 V.S.A. § 129(c) is amended to read as follows:
(c) A board may assign one or more members of
the board to investigate complaints and license applications. These members
shall have the assistance of an investigator for the office and the attorney
general an attorney assigned by the office of professional regulation
who shall be responsible for prosecuting disciplinary and licensing cases
before the board. In the case of professions which have advisor appointees,
the secretary may designate one or more of the advisor appointees or other
licensed or certified members of the profession to assist in the
investigation. While acting in this capacity, a board member or advisor
appointee shall not sit in adjudication of the case. When a board is unable to
assign one or more members to investigate complaints or license applications by
reason of disqualification, resignation, vacancy or necessary absence, the
secretary of state may, at the request of the board, appoint ad hoc members to
serve on the board for investigation of that matter only. Ad hoc members shall
have the same qualifications as required by law for the absent members. The
board shall appoint independent counsel when, in the opinion of the attorney
general or the board, the attorney general has a potential conflict of
interest.
Sec. 86. HELP AMERICA VOTE ACT FEDERAL GRANT ACCEPTANCE
(a)(1) To effectively utilize and manage federal funds received to support state and local election reforms, prior to expenditure of any federal funds received under the Help America Vote Act, the secretary of state is directed to submit a plan for spending any funds to the general assembly if it is in session, otherwise to the joint fiscal committee at a regularly scheduled meeting. The plan shall specifically identify:
(A) the allocations of any federal grant funds specifying the entities receiving funds and how the funds will be used;
(B) the duration of the federal grant;
(C) any commitments required by the federal government if a grant is accepted; and
(2) No plan submitted pursuant to subdivision (1) of this section shall become effective unless approved by the general assembly, if it is in session; otherwise by the joint fiscal committee.
Sec. 86a. SECRETARY OF STATE; FISCAL YEAR 2003 BUDGET
ADJUSTMENT
(a) There is appropriated to the secretary of state in fiscal year 2003 $60,000.00 in federal funds for expenditures under the Help America Vote Act 2002. Expenditure of these funds may be made in anticipation of receipts.
Sec. 87. Secretary of state - corporations
Personal services 326,203
Operating expenses 109,700
Total 435,903
Source of funds
Special funds 435,903
(a) The above appropriation shall be from the securities and regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).
Sec. 88. Banking, insurance, securities, and health care administration - banking
Personal services 1,069,968
Operating expenses 255,941
Total 1,325,909
Source of funds
Special funds 1,325,909
(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2004, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000.00 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 89. Banking, insurance, securities, and health care administration - insurance
Personal services 2,301,930
Operating expenses 472,900
Total 2,774,830
Source of funds
Special funds 2,774,830
Sec. 90. Banking, insurance, securities, and health care administration - captive
Personal services 1,713,513
Operating expenses 294,647
Total 2,008,160
Source of funds
Special funds 2,008,160
Sec. 91. Banking, insurance, securities, and health care administration - administration
Personal services 774,090
Operating expenses 51,167
Total 825,257
Source of funds
Special funds 825,257
Sec. 92. Banking, insurance, securities, and health care administration - securities
Personal services 541,732
Operating expenses 124,700
Total 666,432
Source of funds
Special funds 666,432
Sec. 93. Banking, insurance, securities, and health care administration - health care administration
Personal services 2,641,041
Operating expenses 365,565
Total 3,006,606
Source of funds
General fund 476,523
Special funds 2,530,083
Total 3,006,606
Sec. 94. Banking, insurance, securities, and health care administration - insurance agent licensing
Personal services 356,013
Operating expenses 90,900
Total 446,913
Source of funds
Special funds 446,913
Sec. 95. Public safety - state police
Personal services 34,308,845
Operating expenses 8,528,985
Grants 2,539,352
Total 45,377,182
Source of funds
General fund 15,420,881
Transportation fund 18,622,780
Special funds 3,487,976
Federal funds 7,088,511
Interdepartmental transfer 757,034
Total 45,377,182
(a) The department of public safety shall provide business manager services for the Vermont criminal justice training council and for the Vermont fire service training council.
(b) Of the above appropriation, $35,000.00 shall be available for snowmobile law enforcement activities and $35,000.00 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.
(c) It is the intent of the legislature that by the end of fiscal year 2004 the state police fill at least ten of the vacant trooper positions that were held open due to budgetary pressure in fiscal year 2003.
(d) The appropriation above includes a projected amount of $2,500,000.00 for overtime expenses. The department is directed to make every effort to manage its human resources during the fiscal year within this projection for overtime expenditures.
Sec. 95a. COMMUNITY HEROIN INVESTIGATION PROGRAM
FUNDING
(a) Of the $230,000.00 allocated for local heroin interdiction grants funded in Sec. 95 of this act, $172,500.00 or 75 percent shall be used by the Vermont drug task force to fund two (2) additional town task force officers. These town task force officers will be dedicated solely to heroin enforcement efforts.
(b) The remaining $57,500.00 or 25 percent, shall remain as a “pool” of money available to local and county law enforcement to fund overtime costs associated with heroin investigations.
(c) Any unexpended community heroin investigation program grant funds from prior fiscal years shall be carried forward and added to the pool of money available to local and county law enforcement to fund overtime costs associated with heroin investigations in fiscal year 2004.
Sec. 95b. 20 V.S.A. § 1827 is amended to read:
§ 1827. COMMISSIONER OF PUBLIC SAFETY; COOPERATION
The commissioner of public safety shall cooperate
with and support all law enforcement agencies in this state in matters relating
to missing persons. When necessary to protect a missing person from harm, the
commissioner may shall coordinate local and state efforts to
search for and rescue the missing person.
Sec. 95c. WINDSOR SCHOOL CLEANUP RECOVERY
(a) Notwithstanding Sec. 110b of No. 61 of the Acts of 1997, the amount of $899,251.76 is transferred from the Windsor school special fund to the environmental contingency fund established in 10 V.S.A. § 1283 for reimbursement of expenses associated with the environmental cleanup of the Windsor school site. The amount of $400,000.00 is appropriated from the Windsor school special fund to the department of public safety for the purpose of fit up expenses for new state police trooper positions.
Sec. 95d. Sec. 94 of No. 142 of the Acts of 2002, as amended by Sec. 13 of No. 19 of the Acts of 2003, is further amended to read:
Sec. 94. Public safety – state police
Personal services 31,620,941 32,203,941
Operating expenses
6,107,908 6,282,908
Grants 2,093,465 2,093,465
Total 39,822,314 40,580,314
Source of funds
General fund 14,464,733 14,464,733
Transportation fund 17,327,645 17,327,645
Special funds 2,661,652 2,661,652
Federal funds
4,190,709 4,948,709
Interdepartmental transfer 1,177.575 1,177,575
Total 39,822,314 40,580,314
* * *
Sec. 96. Public safety - criminal justice services
Personal services 4,444,389
Operating expenses 4,258,997
Grants 478,900
Total 9,182,286
Source of funds
General fund 95,000
Transportation fund 3,580,878
Special funds 623,470
Federal funds 4,260,048
Interdepartmental transfer 622,890
Total 9,182,286
(a) The Vermont center for justice research is designated as the state’s instrumentality to receive statistical analysis center federal funds.
(b) The establishment of one (1) new classified position - Drug Chemist - is authorized in fiscal year 2004. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 97. Public safety - emergency management
Personal services 1,401,979
Operating expenses 732,483
Grants 739,495
Total 2,873,957
Source of funds
General fund 48,930
Transportation fund 63,969
Special funds 1,060,000
Federal funds 1,700,058
Interdepartmental transfer 1,000
Total 2,873,957
(a) The establishment of three (3) new classified positions – one (1) Emergency Planning Zone Local Coordinator, one (1) Emergency Planning Zone Coordinator, and one (1) Administrative Assistant – is authorized in fiscal year 2004. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.
(b) In fiscal year 2004, the division of emergency management in consultation with the state agencies, the management of the nuclear power plant and the select boards of the municipalities in the emergency planning zone shall develop the budget for expenditures from the radiological emergency response plan fund for fiscal year 2005 following the provisions of 20 V.S.A. § 38(a). From the fund each town within the emergency planning zone shall receive an annual base grant of no less than $5,000.00 to reimburse the town for radiological emergency response related expenditures. Any town within the emergency planning zone may also apply for a grant from the fund for expenditures made by the town for this purpose in excess of $5,000.00 in any year.
(c) Of the above special fund appropriation, $30,000.00 shall be granted to WTSA radio for the emergency alert system.
Sec. 97a. 20 V.S.A. § 38(a)(1) is amended to read:
§ 38. SPECIAL FUNDS
(a)(1) There is created a radiological emergency response plan fund, into which any entity operating a nuclear reactor or storing nuclear fuel and radioactive waste in this state (referred to hereinafter as “the nuclear power plant”) shall deposit the amount appropriated to support the Vermont radiological response plan for that fiscal year, adjusted by any balance in the radiological emergency response plan fund from the prior fiscal year. There shall also be deposited into the fund any monies received from any other source, public or private, that is intended to support the radiological emergency response planning process. The fund shall be managed in accordance with chapter 7, subchapter 5 of Title 32. Any interest earned on the balance in the fund shall be retained by the fund.
Sec. 97b. 20 V.S.A. § 38(a) (2) is amended to read:
(2) Expenditures from the fund shall be
made by the division of emergency management, subject to an annual legislative
appropriation. As part of the annual appropriations process, the division of
emergency management shall present a budget for the ensuing fiscal year that
anticipates the expenditures that will be made from the fund. The annual
budget shall be developed by the division of emergency management in
consultation with the Windham regional planning commission, state agencies, the
management of the nuclear power plant, and the selectboards of the
municipalities in the emergency planning zone and any other municipality defined
by the state as required to support the plan. State personnel with
responsibility for local coordination and plan development shall be physically
located in the region, preferably in the office of the Windham
regional planning commission. The
annual budget shall include only expenditures necessary to support the
radiological emergency response plan.
Sec. 97c. Sec. 96 of No. 142 of the Acts of 2002 is amended to read:
Sec. 96. Public safety – emergency management
Personal services 1,022,640
439,640
Operating expenses 1,149,945
974,945
Grants 1,249,247 1,249,247
Total 3,421,832 2,663,832
Source of funds
General fund 48,930
48,930
Transportation fund 63,969
63,969
Special funds 420,523 420,523
Federal funds 2,888,410 2,130,410
Total 3,421,832 2,663,832
Sec. 98. Public safety - governor’s highway safety program
Personal services 964,997
Operating expenses 317,722
Grants 4,760,393
Total 6,043,112
Source of funds
Transportation fund 172,828
Special funds 544,896
Federal funds 5,325,388
Total 6,043,112
Sec. 99. Agriculture, food and markets - administration
Personal services 644,804
Operating expenses 367,925
Grants 423,334
Total 1,436,063
Source of funds
General fund 1,281,586
Special funds 14,732
Federal funds 4,211
Interdepartmental transfer 135,534
Total 1,436,063
Sec. 100. FARM YOUTH INITIATIVE
(a) The amount of $35,000.00 in general funds is appropriated to the department of agriculture, food and markets for the farm youth initiative.
Sec. 101. Agriculture, food and markets - food safety and consumer assurance
Personal services 1,902,255
Operating expenses 289,608
Grants 1,492
Total 2,193,355
Source of funds
General fund 1,302,808
Transportation fund 47,993
Special funds 350,547
Federal funds 485,007
Interdepartmental transfer 7,000
Total 2,193,355
Sec. 102. Agriculture, food and markets - agriculture development
Personal services 651,372
Operating expenses 438,182
Grants 59,842
Total 1,149,396
Source of funds
General fund 547,528
Special funds 451,447
Interdepartmental transfer 150,421
Total 1,149,396
Sec. 102a. 20 V.S.A. § 3906 is amended to read:
§ 3906. LICENSING OF PET MERCHANTS
(a) No
person may transact business as a pet merchant, as defined in this chapter,
unless a license for that purpose has been granted by the commissioner to that
person. Application for the license shall be made in the manner provided by
the commissioner. The license period shall be April 1 to March 31 and the
license fee shall be $30.00 $150.00 for each license period or
part thereof.
(b) Pursuant to the authority granted to the commissioner of the department of agriculture, food and markets in section 1 of Title 6, the commissioner may contract with local veterinarians to provide services to the department to assist in the regulation of pet merchants.
Sec. 102b. REPORT
(a) The department of agriculture, food and markets shall work with the Vermont animal cruelty task force to develop recommendations no later than January 15, 2004 for improving the existing system for licensing pet merchant facilities. The department of agriculture, food and markets shall report the recommendations to the house and senate committees on agriculture no later than January 15, 2004.
Sec. 102c. APPROPRIATION
(a) There is appropriated $25,000.00 in general funds in fiscal year 2004 to the special fund established in section 3914 of Title 20 for the purpose of licensing pet merchants.
Sec. 102d. REPEAL
(a) 20 V.S.A. § 3906(b) shall be repealed on July 1, 2004.
Sec. 103. Agriculture, food and markets - plant industry, labs and consumer assurance
Personal services 1,922,081
Operating expenses 384,800
Total 2,306,881
Source of funds
General fund 589,193
Special funds 1,158,879
Federal funds 348,220
Interdepartmental transfer 210,589
Total 2,306,881
Sec. 104. Agriculture, food and markets - state stipend
Grants 163,500
Source of funds
General fund 163,500
Sec. 104a. STATE FAIR CAPITAL PROJECTS; ONE-TIME
APPROPRIATION
(a) The sum of $100,000.00 in general funds is appropriated to the department of agriculture, food and markets and shall be used for a competitive grants program for state fair capital projects. No single entity shall be awarded more than ten percent of this appropriation.
Sec. 105. Agriculture, food and markets - mosquito control
Personal services 20,000
Operating expenses 70,000
Total 90,000
Source of funds
Special funds 90,000
Sec. 106. Agriculture, food and markets - farm conservation
Personal services 53,323
Operating expenses 8,000
Total 61,323
Source of funds
Special funds 61,323
Sec. 107. Public service - regulation and energy
Personal services 4,067,746
Operating expenses 613,075
Grants 475,000
Total 5,155,821
Source of funds
Special funds 4,142,087
Federal funds 988,734
Interdepartmental transfer 25,000
Total 5,155,821
Sec. 108. Public service - purchase and sale of power
Personal services 8,577
Operating expenses 2,215
Total 10,792
Source of funds
Special funds 10,792
Sec. 109. Public service - consumer affairs and public information
Personal services 284,785
Operating expenses 21,779
Total 306,564
Source of funds
Special funds 306,564
Sec. 110. Enhanced 9-1-1 board
Personal services 1,885,127
Operating expenses 366,658
Total 2,251,785
Source of funds
Special funds 2,251,785
Sec. 111. Enhanced 9-1-1 board - training
Personal services 165,803
Source of funds
Special funds 165,803
Sec. 112. [Deleted]
Sec. 113. Public service board
Personal services 2,212,516
Operating expenses 320,000
Total 2,532,516
Source of funds
Special funds 2,532,516
Sec. 114. Judiciary
Personal services 22,162,565
Operating expenses 5,633,750
Grants 5,000
Total 27,801,315
Source of funds
General fund 21,433,965
Transportation fund 3,740,140
Special funds 455,050
Tobacco fund 40,000
Federal funds 200,639
Interdepartmental transfer 1,931,521
Total 27,801,315
(a) Of the above general fund appropriation, $136,000.00 shall be allocated for civil jury trials.
Sec. 114a. 4 V.S.A. § 25(b) is amended to read:
(b) The supreme court is authorized to pay
on an hourly basis all persons whose compensation is established by 32 V.S.A.
§§ 1010, 1141, 1511, 1551 and 1592 and 4 V.S.A. §§ 23, 75 and 356. The
supreme court shall pay all persons whose compensation is established by 32
V.S.A. § 1141 on the basis of a half-day minimum and hourly thereafter.
Sec. 115. Human rights commission
Personal services 304,206
Operating expenses 83,013
Total 387,219
Source of funds
General fund 242,907
Special funds 1
Federal funds 144,311
Total 387,219
Sec. 116. Fire service training council
Personal services 263,160
Operating expenses 144,472
Grants 30,000
Total 437,632
Source of funds
General fund 365,157
Special funds 72,475
Total 437,632
(a) Of the above general fund appropriation, $30,000.00 shall be granted to the Vermont Rural Fire Protection Task Force for the purpose of designing dry hydrants.
Sec. 117. Fire service training council - firefighter 1 training
Personal services 422,709
Operating expenses 343,301
Total 766,010
Source of funds
Transportation fund 99,985
Special funds 386,525
Federal funds 105,000
Interdepartmental transfer 174,500
Total 766,010
Sec. 118. Total protection to persons and property 188,250,070
Source of funds
General fund 65,685,228
Transportation fund 29,007,815
Special funds 40,602,700
Tobacco fund 648,973
Federal funds 41,758,841
Enterprise funds 3,763,980
Interdepartmental transfer 6,782,533
Total 188,250,070
Sec. 119. Human services - agency of human services - secretary’s office
Personal services 2,639,266
Operating expenses 1,268,130
Grants 10,025,011
Total 13,932,407
Source of funds
General fund 5,300,669
Special funds 155,000
Tobacco fund 739,000
Federal funds 6,637,738
Interdepartmental transfer 1,100,000
Total 13,932,407
(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 as well as the substance abuse related allocations in subsection (h) outlined in this section to the departments in the agency of human services designated to provide these services.
(d) Notwithstanding 33 V.S.A. §§ 5502 and 5517, the agency of human services may on an ongoing basis seek a CHINS petition for 16- to 17.5‑year‑old youths who are not in the custody of the state but are at high risk of serious harm to themselves or others due to problems such as substance abuse, prostitution or homelessness, and whose needs transcend any one department of the agency of human services and require complicated clinical interventions from multiple organizations. Petitions filed pursuant to this section shall set forth facts supporting the specific requirements of this section, and that it is in the best interests of the child to be considered as a child in need of care or supervision. If the court finds all of the allegations set forth in the petition have been established, it shall find the child is in need of care or supervision. All proceedings initiated pursuant to this section shall be conducted in accordance with the requirements of 33 V.S.A. chapter 55. Services will be provided through a coordinated effort by the agency of human services, the department of education, and community‑based interagency teams. Of the above tobacco fund appropriation, $200,000.00 along with any available matching federal funds shall be made available for the services under this program.
(e) Of the above tobacco settlement funds, $49,000.00 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring program for youth.
(f) Of the above tobacco fund appropriation, $100,000.00 shall be used for a grant to Lamoille County people in partnership for wrap-around services for at-risk youth.
(g) Of the above tobacco fund appropriation, $100,000.00 with any corresponding federal matching funds shall be for comprehensive treatment services and $25,000.00 for safe housing provisions for at-risk youth.
(h) Of the above appropriation, $1,634,541.00 in general funds and $165,000.00 in tobacco funds shall be used for the comprehensive substance prevention and treatment component of the drug education, treatment, enforcement, and rehabilitation program (DETER). The sum of $992,107.00 in general funds with available federal matching funds shall be used to provide outpatient and opiate treatment and aftercare. Of the funds available for outpatient and opiate treatment and aftercare, $100,000.00 shall be allocated for treatment for referrals from the Rutland drug court and shall be available to be used as match for federal funds for the Rutland drug court. The sum of $517,101.00 in general funds with available federal matching funds shall be used for residential treatment programs including transitional halfway house programs, and a rate increase for the Serenity House program. The sum of $125,333.00 in general funds with any available federal matching funds shall be used to fund 10 new student assistance counselors for the 2003/2004 school year. The sum of $165,000.00 in tobacco funds shall be used to fund recovery centers. Of this amount, $75,000.00 is allocated to the existing centers and $90,000.00 is allocated to start centers in three communities.
(i) Of the above general fund appropriation, $30,000.00 shall be granted to prevent child abuse Vermont for a comprehensive health education and violence prevention curriculum for seventh and eighth grade students.
(j) Of the above general fund appropriation, $5,000.00 shall be granted to the Vermont council of girl scouts to support a girl scout special project to assist girls with incarcerated mothers.
Sec. 119a. FEDERAL MEDICAL ASSISTANCE PERCENTAGES
(a) The secretary of the agency of human services is authorized to accept excess federal receipts that result from Federal Medical Assistance Percentage changes enacted during the first session of the 108th Congress.
(1) Within the department of prevention, assistance, transition, and health access any savings of special funds due to such excess receipts shall remain in the health access trust fund and the special fund spending authority shall be reduced accordingly.
(2) Outside the department of prevention, assistance, transition and health access and the special education related Medicaid, the secretary of the agency of human services shall transfer to the human services caseload reserve any state funds that can be reserved for expenditures in future years due to these excess federal receipts.
Sec. 120. JUVENILE JUSTICE DIRECTOR
(a) The governor shall appoint a juvenile justice director, reporting directly to the secretary of the agency of human services, who shall have the responsibility and authority to monitor and coordinate all state and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication and rehabilitation.
(b) The juvenile justice director shall ensure that the following occur:
(1) Development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving state, regional and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities and community wellness.
(2) Cooperation among state, regional and local officials, court personnel, service providers and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program.
(3) Cooperation among appropriate departments, including, but not limited to, the departments of education, corrections, social and rehabilitation services, employment and training, developmental and mental health services, and public safety, and the office of alcohol and drug abuse programs.
(4) Study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable.
(5) Compilation of data on issues relating to juvenile justice, and analysis, study and organization of such data for use by educators, researchers, policy advocates, administrators, legislators and the governor.
Sec. 121. AGENCY OF HUMAN SERVICES; RESTRUCTURING;
CONSULTATION SERVICES
(a) The sum of $50,000.00 is appropriated from the general fund in fiscal year 2004 to the agency of human services which may be augmented by grants or federal matching funds. These funds or a portion of these funds shall be used to employ consultation services consistent with the authority granted to the secretary for the purposes of the organizational restructuring of the agency.
Sec. 122. Rate setting
Personal services 614,628
Operating expenses 56,829
Total 671,457
Source of funds
Interdepartmental transfer 671,457
(a) Notwithstanding the provisions of the division of rate setting rules “methods, standards and principles for establishing payment rates for private non-medical institutions providing residential child care services,” § 4.17, relating to applied revenues, rates set for programs run by the Baird center for children and families shall not take into account funds made available to the Baird center through federal grant # H324E016001.
Sec. 123. Human services board
Personal services 258,967
Operating expenses 26,292
Total 285,259
Source of funds
General fund 121,879
Federal funds 123,498
Interdepartmental transfer 39,882
Total 285,259
Sec. 124. Developmental disabilities council
Personal services 115,736
Operating expenses 36,554
Grants 320,793
Total 473,083
Source of funds
Federal funds 473,083
Sec. 125. Office of child support services
Personal services 7,349,794
Operating expenses 2,732,847
Total 10,082,641
Source of funds
General fund 1,114,864
Special funds 454,125
Federal funds 8,406,552
Interdepartmental transfer 107,100
Total 10,082,641
Sec. 126. Health - administration and support
Personal services 3,786,016
Operating expenses 983,556
Total 4,769,572
Source of funds
General fund 1,025,566
Special funds 25,000
Federal funds 3,713,396
Interdepartmental transfer 5,610
Total 4,769,572
Sec. 127. Health - health protection
Personal services 3,078,754
Operating expenses 650,861
Grants 276,100
Total 4,005,715
Source of funds
General fund 1,320,897
Special funds 972,500
Federal funds 1,262,501
Interdepartmental transfer 449,817
Total 4,005,715
Sec. 128. Health - health surveillance
Personal services 6,391,995
Operating expenses 1,832,713
Grants 2,686,000
Total 10,910,708
Source of funds
General fund 3,722,469
Special funds 1,029,250
Federal funds 6,063,989
Permanent trust 10,000
Interdepartmental transfer 85,000
Total 10,910,708
(a) Of the above general fund appropriation, $250,000.00 and at least $50,000.00 in federal funds shall be appropriated to the Vermont AIDS service organizations for client-based support services. The grants in this section shall be awarded equitably, on a per-client basis, and shall be used for services only, not administrative or other purposes. The method by which AIDS service organizations’ clients are counted shall be determined by mutual agreement of the department of health, the AIDS service organizations, and the HIV/AIDS service advisory council (HASAC).
(b) Of the above federal fund appropriation, the Ryan White Title II federal service funds shall be used for direct client-based support services, including services that assist people living with HIV/AIDS to access medical care. The department shall follow federal guidelines, and shall be advised by the HASAC for the purpose of prioritization of the use of these funds. Criteria shall be developed by the department, in collaboration with the HASAC, to govern situations when the department may select providers outside the existing AIDS service organizations network to receive part of these Ryan White Title II funds.
(c) Of the general fund appropriation in this act for health - health surveillance, $175,000.00 shall be used for all aspects of the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, nutritional supplements and maximum cost-effectiveness for the program.
(d) 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 legislature can take action.
(e) The secretary of human services shall work in conjunction with the AMAP advisory committee, comprising 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. 129. Health - health improvement
Personal services 5,713,181
Operating expenses 1,492,659
Grants 9,960,655
Total 17,166,495
Source of funds
General fund 2,786,469
Special funds 802,000
Tobacco fund 2,734,724
Federal funds 10,664,738
Interdepartmental transfer 178,564
Total 17,166,495
(a) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match federal national health service corps loan repayment funds, local funds, or private funds, and shall be made available to primary care providers, dentists and licensed nurses who agree to practice for a prescribed period of time in the state or at an accredited hospital within 10 miles of the Vermont border, serving a portion of the state designated as a health professional shortage population, or other rural or underserved areas. Educational scholarships, loan repayment grants, loan deferment payments and payments of taxes due on the award may be considered for payment.
(b) Of the above appropriation, $300,000.00 is to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families. The coalition shall report to the general assembly on or before January 1 of each year, with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly.
(c) The above tobacco appropriation in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225, as follows:
(1) community-based programs - $1,023,624.00
(2) countermarketing - $516,100.00
(3) tobacco cessation programs - $1,050,000.00
(4) statewide programs (health care/provider education) - $75,000.00
(5) surveillance and evaluation activities - $70,000.00.
These allocations are in addition to the general funds appropriated in Sec. 7a of $250,000.00 to support counter marketing activities designed by the tobacco evaluation and review board and $250,000.00 for evaluation of tobacco control and cessation programs in the state.
(d) Of the above general fund appropriation, $80,000.00 shall be used for the dental loan repayment program and $20,000.00 shall be used for dental hygienist loan repayment or loan forgiveness. These funds shall be administered in the same manner as other professional loan repayment programs in this appropriation.
Sec. 130. Health - community public health
Personal services 10,621,949
Operating expenses 1,599,593
Grants 12,328,819
Total 24,550,361
Source of funds
General fund 4,415,485
Special funds 628,940
Federal funds 19,410,397
Interdepartmental transfer 95,539
Total 24,550,361
Sec. 131. Health - alcohol and drug abuse programs
Personal services 2,182,025
Operating expenses 520,942
Grants 12,133,451
Total 14,836,418
Source of funds
General fund 4,082,018
Special funds 86,000
Tobacco fund 2,171,266
Federal funds 8,457,134
Interdepartmental transfer 40,000
Total 14,836,418
(a) For the purpose of meeting the need for outpatient substance abuse services when the preferred provider system has a waiting list of five days or more, or there is a lack of qualified clinicians to provide services in a region of the state, a state-qualified alcohol and drug abuse counselor may apply to the department of health, division of alcohol and drug abuse programs, for time‑limited authorization to participate as a Medicaid provider to deliver clinical and case coordination services, as authorized.
(b)(1) In accordance with federal law, the division of alcohol and drug abuse programs may use the following interim criteria to determine whether to enroll a state-supported Medicaid and uninsured population substance abuse program in the division’s network of designated providers, as described in the state plan:
(A) The program’s ability to provide the quality, quantity and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the commission of accreditation of rehabilitation facilities, the joint commission on accreditation of health care organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in subdivision (A) 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) The office of alcohol and drug abuse programs shall submit a plan for development of a preferred provider system to the legislature by no later than January 15, 2004.
(d) Of the above appropriation, $75,000.00 shall be used for drug court programs in Bennington, Chittenden and Rutland counties. The sum of $25,000.00 is allocated for each drug court program to be used for treatment and/or case management and screening services as needed.
(e) In the implementation and administration of the new 80 bed in-state residential treatment program, the agency of human services shall give priority to drug court referrals.
Sec. 132. OPIATE ADDICTION TREATMENT
(a) Notwithstanding the provisions of 18 V.S.A. § 4702(b)(7), the commissioner of health may approve up to five opiate addiction treatment programs operated by, and located outside, a hospital or medical school, after consideration of the space requirements and space availability at the hospital or medical school, provided that the program is located in a multi-use building, so that the purpose for which a person is entering or leaving the building is not obvious. Programs approved by the commissioner shall be located in close proximity to other medical and social services, and shall not be geographically located in isolated community settings.
Sec. 133. REIMBURSEMENT RATES FOR OPIATE ADDICTION
TREATMENT PROGRAMS
(a) The commissioner shall establish, after conducting negotiations with hospitals and medical schools, reimbursement rates that reflect the reasonable cost of authorized opiate addiction treatment programs.
Sec. 134. Health - medical practice board
Personal services 557,317
Operating expenses 114,497
Total 671,814
Source of funds
Special funds 671,814
Sec. 135. Social and rehabilitation services - administrative and support services
Personal services 1,983,970
Operating expenses 319,906
Total 2,303,876
Source of funds
General fund 1,070,289
Federal funds 1,233,587
Total 2,303,876
Sec. 136. Social and rehabilitation services - social services
Personal services 16,153,776
Operating expenses 2,646,669
Grants 52,416,365
Total 71,216,810
Source of funds
General fund 29,223,639
Special funds 1,306,152
Tobacco fund 75,000
Federal funds 40,612,019
Total 71,216,810
(a) Of the above appropriation, $711,580.00 general funds shall be allocated to the Vermont coalition of runaway and homeless youth programs, and of that amount $30,000.00 shall be utilized to support the Spectrum Rutland facility. Prior to disbursement of funds to Spectrum, the facility shall submit a plan for sustainability to be reviewed by the commissioner of the department of social and rehabilitation services.
Sec. 136a. 33 V.S.A. § 4912(11) is repealed.
Sec. 136b. 33 V.S.A. § 4919 is amended to read:
§ 4919. DISCLOSURE OF INFORMATION
(a) The commissioner or the commissioner’s
designee shall disclose the existence of a substantiated report of child abuse
or abuse, neglect, or exploitation of a vulnerable adult, to the owner or
operator of a facility regulated by the department for the purpose of informing
the owner or operator that employment of a specific individual may result in
loss of license or registration.
(b) Disclosure of information or records used
or obtained in the course of providing services to prevent child abuse or
neglect or to treat abused or neglected children and their families by one
member of a multidisciplinary team to another member of that team shall not
subject either member of the multidisciplinary team, individually, or the team
as a whole, to any civil or criminal liability notwithstanding any other
provision of law.
(c) The commissioner or the commissioner’s
designee may, insofar as federal regulations allow, disclose the existence of a
substantiated report of child abuse to the commissioner of the department of
aging and disabilities or the commissioner’s designee for the purpose of
informing the owner or operator that employment of a specific individual may
result in loss of license or certification.
(d) The secretary of the agency of human
services may authorize the commissioner to disclose the existence of a
substantiated report of child abuse or a substantiated report of abuse, neglect
or exploitation of a vulnerable adult to:
(1) an owner or operator of a facility;
(2) a person who is determined to be a
covered entity; or
(3)
a person who is authorized by the agency to make an offer of employment, if
such information is used to determine whether to hire a specific individual
providing care, custody, treatment, or supervision of children, the elderly,
vulnerable adults, or persons with disabilities.
(a) The commissioner shall maintain a registry which shall contain the following information: the names of all the individuals found on the basis of a substantiated report to have abused, neglected or exploited a child; the date of the finding; and the nature of the finding. In addition, the commissioner shall require that, aside from a person’s name, at least one other personal identifier is listed in the registry to prevent the possibility of misidentification.
(b) The commissioner or the commissioner’s designee may disclose registry information only:
(1) To the state’s attorney or the attorney general;
(2) To the owner or operator of a facility regulated by the department for the purpose of informing the owner or operator that employment of a specific individual may result in loss of license or registration;
(3) To an employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, or supervision of children or vulnerable adults. The employer may submit a request concerning a current employee, volunteer, or contractor or an individual to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be accompanied by a release signed by the current or prospective employee, volunteer, or contractor. If that individual has a record of a substantiated report, the commissioner shall provide the registry information to the employer;
(4) To the commissioner of aging and disabilities, or the commissioner’s designee, for purposes related to the licensing or registration of facilities regulated by the department of aging and disabilities;
(5) To the commissioner of developmental and mental health services, or the commissioner’s designee, for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the department of developmental and mental health services, including persons to whom a conditional offer of employment has been made;
(6) Upon request or when relevant to other states’ adult protective services offices; and
(7) Upon request or when relevant to other states’ child protection agencies.
(e)(c)
Volunteers shall be considered employees for purposes of this section.
(d) Disclosure of information or records used or obtained in the course of providing services to prevent child abuse or neglect or to treat abused or neglected children and their families by one member of a multidisciplinary team to another member of that team shall not subject either member of the multidisciplinary team, individually, or the team as a whole, to any civil or criminal liability notwithstanding any other provision of law.
(e) “Employer,” as used in this section, means a person or organization who employs or contracts with one or more individuals to care for children or vulnerable adults, on either a paid or volunteer basis.
Sec. 136c. 33 V.S.A. § 6911(c)(3) is amended to read:
(3)
an employer if such information is used to determine whether to hire or
retain a specific individual providing care, custody, treatment, or supervision
of children or vulnerable adults. “Employer,” which, as used in
this section, means a person or organization who employs or contracts with one
or more individuals to care for children or vulnerable adults, on either
a paid or volunteer basis. The employer may submit a request concerning a
current employee, volunteer, or contractor or an individual to whom the
employer has given a conditional offer of a contract, volunteer position, or
employment. The request shall be accompanied by a release signed by the
current or prospective employee, volunteer, or contractor. If that individual
has a record of a substantiated report, the commissioner shall provide the
registry information to the employer;
Sec. 137. Social and rehabilitation services - child care services
Personal services 1,722,719
Operating expenses 407,257
Grants 29,347,481
Total 31,477,457
Source of funds
General fund 7,667,048
Transportation fund 75,000
Special funds 932,000
Federal funds 22,726,157
Interdepartmental transfer 77,252
Total 31,477,457
(a) Of the above appropriation, $190,000.00 shall be used to support professional development activities.
Sec. 137a. APPROPRIATION; BRIGHT FUTURES FUND
(a) The sum of $250,000.00 is appropriated from the general fund to the department of social and rehabilitation services to be deposited into the building bright spaces for bright futures fund.
Sec. 138. 33 V.S.A. § 3531 (c) is amended to read:
(c) The commissioner shall award grants
from the fund to eligible applicants for development and expansion of child
care facilities in the state. Funds appropriated for this program shall
be used by the commissioner to award grants to eligible applicants for the
development and expansion of child care options and community programs targeted
for youths aged 14 through 18. These options may include recreational
programs and related equipment or facilities, development or expansion of child
care facilities and community‑based programs which address specific child
care and youth program needs of the applicant region. The
commissioner shall establish, by rule, criteria, conditions and procedures for
awarding such grants and administering this program.
Sec. 138a. 23 V.S.A. § 304c (d) is amended to read:
(d) The department of motor vehicles shall not
be charged by the department of corrections for the development and
production of the bright futures fund license plates.
Sec. 139. Social and rehabilitation services - Woodside rehabilitation center
Personal services 2,200,621
Operating expenses 376,071
Total 2,576,692
Source of funds
General fund 2,528,455
Interdepartmental transfer 48,237
Total 2,576,692
Sec. 140. Social and rehabilitation services - disability determination services
Personal services 2,817,296
Operating expenses 457,331
Total 3,274,627
Source of funds
Federal funds 3,029,482
Interdepartmental transfer 245,145
Total 3,274,627
Sec. 141. Social and rehabilitation services - family support child care
Grants 1,489,949
Source of funds
General fund 812,635
Federal funds 677,314
Total 1,489,949
Sec. 142. Prevention, assistance, transition, and health access - administration
Personal services 26,626,259
Operating expenses 5,063,948
Grants 976,737
Total 32,666,944
Source of funds
General fund 12,590,631
Special funds 1,962,319
Federal funds 18,113,994
Total 32,666,944
(a) Notwithstanding the requirements in 3 V.S.A. § 2222 that require an independent expert review of any recommendation for information technology activity, the department of prevention, assistance, transition, and health access shall be exempt from the operation of the statute when the department is engaged in multi-state coordinated activities that utilize a technology system common to all the participating states.
(b) To implement the program changes in section 147 of this bill, system development services may be completed by a designated contractor. Adherence to 3 V.S.A. § 2222(g) is not required. The commissioner of PATH may negotiate a sole source contract to meet the implementation deadlines in this act.
Sec. 143. Prevention, assistance, transition, and health access - reach up
Grants 42,809,980
Source of funds
General fund 15,648,867
Special funds 2,200,000
Federal funds 24,961,113
Total 42,809,980
Sec. 144. Prevention, assistance, transition, and health access - aid to aged, blind and disabled
Personal services 1,231,308
Grants 9,132,124
Total 10,363,432
Source of funds
General fund 10,363,432
Sec. 144a. AABD APPROPRIATION; ONE-TIME SUPPLEMENTAL
CHECK
(a) The sum of $210,500.00 is appropriated from the general fund to the department of PATH which shall be used to provide a one-time supplemental check to individuals and couples in the independent living arrangement and receiving AABD as of September 1, 2003. The department shall issue the check by November 30, 2003. The amount of the payment shall be determined by subtracting administrative costs from the appropriation for the one-time supplemental check and dividing the remainder into two amounts proportionate to the actual maximum payments for this living arrangement, regardless of the value of the AABD beneficiary’s actual ongoing payment amount.
Sec. 145. FUND APPROPRIATION AND TRANSFER
(a) The sum of $68,550,857.00 is appropriated and transferred from the general fund to the health access trust fund in fiscal year 2004.
(b) The sum of $17,250,000.00 is appropriated and transferred from the tobacco litigation settlement fund to the health access trust fund in fiscal year 2004.
(c) The sum of $1,000,000.00 is appropriated on a one-time basis and transferred from the general fund to the health access trust fund in fiscal year 2004.
Sec. 146. FISCAL YEAR 2003 AND 2004 SETTLEMENT FUND
BALANCE
(a) Notwithstanding 18 V.S.A. § 9502(b), or any other law to the contrary, any unexpended and unencumbered balance in the tobacco litigation settlement fund in fiscal year 2003 shall, at the close of the fiscal year, be transferred to the Vermont health access trust fund.
(b) Notwithstanding 18 V.S.A. § 9502(b), or any other law to the contrary, any unexpended and unencumbered balance in the tobacco litigation settlement fund in fiscal year 2004 shall, at the close of the fiscal year, be transferred to the Vermont health access trust fund.
Sec. 147. Prevention, assistance, transition, and health access - Medicaid
Personal services 16,677,343
Grants 499,770,170
Total 516,447,513
Source of funds
Special funds 193,206,462
Federal funds 323,241,051
Total 516,447,513
(a) HIV/AIDS health insurance assistance program.
(1) The department of prevention, assistance, transition, and health access, in cooperation with the department of health, shall operate an HIV/AIDS insurance assistance program.
(2) The program shall pay all or a portion of continuation health insurance premiums for those eligible individuals with HIV/AIDS for whom it can be determined that continuation of private insurance coverage is less costly to the state than other alternatives.
(3) Eligibility for this program shall be limited to individuals whose household income does not exceed 200 percent of the federal poverty level, after deducting unreimbursed medical expenses and health insurance premiums from gross income, and whose assets, exclusive of the primary residence and certain other exclusions to be defined by the department of prevention, assistance, transition, and health access, do not exceed $10,000.00.
(4) Expenditures under this program shall not exceed $55,000.00 in fiscal year 2004.
(b) The department is authorized to extend indefinitely the rules for VHAP, Medicaid and all other health assistance programs administered by the department that suspended for fiscal year 2003 coverage for adults for eyewear.
(c) The department is authorized to amend the rules for the Medicaid and VHAP program to eliminate the six-month period of guaranteed eligibility for individuals enrolled in managed care.
(d) VHAP, premium-based.
(1) The department is authorized to amend the rules for the VHAP program to eliminate coinsurance and co-payment requirements except for the co-payments of $25.00 for each medically necessary emergency room visit.
(2) The department shall establish per individual premiums for the VHAP Uninsured program for the following brackets of income for the VHAP group as a percentage of federal poverty level (FPL):
(A) Income less than or equal to 50 percent of FPL: $4.00 per month.
(B) Income greater than 50 percent and less than or equal to 75 percent of FPL: $10.00 per month.
(C) Income greater than 75 percent and less than or equal to 100 percent of FPL: $35.00 per month.
(D) Income greater than 100 percent and less than or equal to 150 percent of FPL: $45.00 per month.
(E) Income greater than 150 percent and less than or equal to 185 percent of FPL: $65.00 per month.
(3) The department shall establish per household premiums for the working people with disabilities program for the following brackets of income for the Medicaid group as a percentage of federal poverty level (FPL):
(A) Income greater than 185 percent of FPL and less than or equal to 225 percent of FPL: $50.00 per month.
(B) Income greater than 225 percent of FPL and less than or equal to 250 percent of FPL, without other health insurance coverage: $75.00 per month.
(C) Income greater than 225 percent of FPL and less than or equal to 250 percent of FPL, with other health insurance coverage: $60.00 per month.
(e) VHAP-Rx, VScript and VScript expanded; cost-sharing and premiums.
(1) The department is authorized to amend the rules for VHAP-Rx, VScript and VScript expanded to eliminate deductibles and co-payment requirements.
(2) The department shall establish a per individual premium of $13.00 per month for beneficiaries in the VHAP-Rx program.
(3) The department shall establish a per individual premium of $17.00 per month for the VScript program.
(4) The department shall establish a per individual premium of $35.00 per month for beneficiaries in the VScript expanded program.
(f) Dr. Dynasaur and SCHIP premium changes.
(1) The department is authorized to amend the rules for individuals eligible for Dr. Dynasaur under the federal Medicaid and SCHIP programs to require beneficiary households to pay a monthly premium based on the following:
(A) for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have no other insurance coverage: $70.00 per household per month.
(B) for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have other insurance coverage: $35.00 per household per month.
(C) for individuals living in households whose incomes are greater than 185 percent of FPL and less than or equal to 225 percent of FPL: $25.00 per household per month.
(2) The commissioner of prevention, assistance, transition and health access shall implement a premium assistance program for those SCHIP beneficiaries whose families have access to employer-sponsored health insurance. If the employer-sponsored insurance meets the federal requirements for coverage, families shall pay $40.00 per month and the program shall pay the balance of the employee share. Prior to implementing this program, the commissioner shall report to the health access oversight committee and the house and senate committees on appropriations regarding the cost-effectiveness of this initiative, including the cost of administering the program compared to potential savings to the Medicaid program.
(g) Premium billing, collections and nonpayment.
(1) The commissioner shall make such changes in the billing and collection process as are necessary to minimize administrative effort and uncollected premiums effective January 1, 2004. These changes shall include:
(A) Shifting from retrospective to prospective billing.
(B) Continuing the current billing approach for all groups currently paying program fees until the new billing approach is approved and ready to be implemented.
(C) Adjusting the billing cycle for premiums to facilitate efforts by beneficiaries to stay current and avoid delinquencies.
(D) Requiring beneficiaries to pay prospectively a premium equivalent to one month of coverage before initial enrollment, so that:
(i) if a premium is received and processed prior to the first day of the current month, then full coverage shall begin on the first day of the current month;
(ii) if a premium is received and processed after the first day of the current month, then full coverage shall begin on the first day of the following month;
(iii) for applicants seeking VHAP coverage, limited coverage (essential hospital, physician and pharmaceutical coverage) shall be provided at no cost between the date that the beneficiary is determined eligible and the date that full coverage begins, contingent upon receipt of premium payment;
(iv) beneficiaries shall receive a notice of eligibility determination that includes a description of the limited coverage and a warning that if the premium is not paid, the beneficiary shall be responsible for all bills incurred in the interim;
(v) if payment of the premium is not received by the due date, no payment shall be made for any care received after eligibility is determined;
(vi) if a beneficiary’s coverage is cancelled and the beneficiary attempts to reenroll within 12 months, no limited benefit coverage shall be provided, except under the following circumstances:
(aa) the applicant or spouse had employer or university-sponsored insurance that terminated;
(bb) the applicant’s household income dropped below 75 percent of FPL;
(cc) the applicant established residence in another state for more than 30 days and subsequently returned to Vermont;
(dd) medical incapacity during the period when premium payments were due;
(vii) following payment of the initial premium, premium bills for subsequent months shall be sent at least 25 days before enrollment may be closed;
(viii) for subsequent months, notice shall be sent at least 10 days before closure for nonpayment of premiums;
(ix) for subsequent months, eligibility shall be reinstated if payment of premiums is received by the last day of month;
(x) for the VHAP Pharmacy, VScript and VScript expanded programs, the prospective billing mechanism described above in Sec. 147 (g)(1)(D)(i)-(ii) shall apply. Limited coverage, described above in Sec. 147 (g)(1)(D)(iii), is not available. If a beneficiary’s coverage is cancelled for nonpayment of premium due to medical incapacity during the period when premium payments were due, the department will provide coverage between the date that the coverage lapsed due to nonpayment of the premium and the last day of the current month, provided that the beneficiary will be responsible for all bills incurred during this period if all premium payments due are not received by the last day of the current month;
(xi) for pregnant women and children participating in the Dr. Dynasaur, underinsured children, and SCHIP programs, the prospective billing mechanism described above in Sec. 147 (g)(1)(D)(i)-(ii) shall apply. Limited coverage, described above in Sec. 147 (g)(1)(D)(iii), is not available. Provisions of federal law permitting retroactive coverage shall apply, subject to payment of premiums for any such retroactive coverage sought by the beneficiary;
(xii) for beneficiaries participating in the Working People with Disabilities program, the prospective billing mechanism described above in Sec. 147 (g)(1)(D)(i)-(ii) shall apply. Limited coverage, described above in Sec. 147 (g)(1)(D)(iii), is not available. Provisions of federal law permitting retroactive coverage shall apply, subject to payment of premiums for any such retroactive coverage sought by the beneficiary. If a beneficiary’s coverage is cancelled and the beneficiary attempts to reenroll within twelve months, contingent upon federal approval, three-month retroactive coverage will not be provided, except under the following circumstances:
(aa) the applicant or spouse had employer or university-sponsored insurance that terminated;
(bb) the applicant’s household income dropped below 75% of FPL;
(cc) the applicant established residence in another state for more than 30 days and subsequently returned to Vermont;
(dd) medical incapacity during the period when premium payments were due.
(2) The commissioner of PATH shall implement systems permitting beneficiaries to pay premiums by authorizing automatic or electronic deductions from income, assets or benefits and assigning tax refunds or other awards to the department as soon as administratively feasible and shall report on the progress of these initiatives to the legislative health access oversight committee and the house and senate committees on appropriations during the budget adjustment process. Where appropriate, beneficiaries may designate another individual as an additional recipient of any premium delinquency notices. The commissioner shall seek permission from CMS, as necessary, to implement the mechanism to mitigate adverse selection described in Sec. 147(g)(1)(D) above. The commissioner of PATH shall also explore the viability of any alternate mechanisms to mitigate adverse selection, and report on the availability of those alternatives to the Legislative Health Access Oversight Committee. The commissioner shall ensure that any mechanisms to mitigate adverse selection shall not include preexisting condition exclusions.
(3) The department shall monitor and evaluate the enrollment and disenrollment in each of the programs subject to premiums, record the incidence of terminated coverage as a result of failure to pay premiums, evaluate the effect that premium levels are having on enrollment, and analyze the degree to which the programs are being affected by adverse selection. The department shall submit a report to the house and senate committees on appropriations and health and welfare and the health access oversight committee at the end of each quarter.
(4) The commissioner of the department of prevention, assistance, transition and health access shall adopt rules to clarify the following:
(A) The general and emergency assistance programs do not cover medical needs of applicants who are eligible for government-sponsored health insurance that would have covered the need when they do not have such coverage because of either or both of the following reasons:
(i) failure to pay a premium for government-sponsored health insurance; or
(ii) failure to comply with any other administrative eligibility requirement for premium-based government-sponsored health insurance.
(B) The general and emergency assistance programs do not cover payment of premiums for private or government-sponsored health insurance.
(5) Premium means a nonrefundable charge which must be paid by an applicant as a condition of initial and ongoing enrollment.
(6) To minimize potential negative impacts on health program participation due to the increased use of premium-based cost sharing, the commissioner shall:
(A) Educate program recipients about changes in cost sharing by:
(i) Updating brochures or creating information materials, as appropriate, for all programs and updating the Pharmacy Programs Application found in the Vermont state tax booklet, to explain the new cost-sharing system;
(ii) Collaborating with local nonprofit agencies working with low income, elderly and disabled Vermonters by providing outreach to beneficiaries on the program changes described above;
(iii) Notifying current program recipients of proposed changes in cost sharing no later than November 15, 2003.
(B) Provide drafts of all notices and informational materials to the State Health Care Ombudsman for comment and review prior to adoption of these materials.
(C) The department shall report to the health access oversight committee on its premium implementation.
(7) Subsections (d)(1) and (2) and (e) of this section shall be effective January 1, 2004, unless it is otherwise feasible for the department to implement these sections earlier.
(8) Increased premiums specified in subsections (d)(3) and (f) shall be billed as increased program fees effective on July 1, 2003. Unless feasible for the department to implement subsection (d)(3) and (f) earlier, beginning January 1, 2004, the fees shall be billed as premiums.
(9) Prior to implementing the $4.00 premium established in subsection (d)(2)(A), the commissioner of the department of prevention, assistance, transition and health access shall make recommendations to the legislative health access oversight committee if the commissioner determines that implementation of the premium will result in a substantial reduction in enrollment.
(h) Of the above appropriation, $750,000.00 including state funds and any matching federal funds shall be allocated to increase the reimbursement rate paid to dentists participating in the Medicaid program.
(i) Of the above appropriation, $200,000.00 of state funds and any federal matching funds shall be used to increase rates paid to residential care facilities above those paid in fiscal year 2003.
(j) Except for beneficiaries who are pregnant or residents of nursing homes, the department is authorized to amend the rules for the Medicaid program to require beneficiaries of SSI-related Medicaid age 18 or older and beneficiaries of ANFC-related Medicaid age 21 or older to pay a $3.00 co-payment for each outpatient hospital visit and $75.00 for each hospital inpatient visit.
(k) The department shall amend its SSI-related Medicaid resource rules to provide that United States Savings Bonds are considered available for Medicaid eligibility purposes beginning on the date of purchase. During the first retention period following the date of issue, bonds are valued for eligibility purposes as follows:
(1) Bonds issued at face value, including, but not limited to, Series I and Series HH bonds, are valued at face value.
(2) Bonds issued for less than face value, including, but not limited to, Series EE bonds, are valued at the purchase price.
(3) This rule shall apply to United States Savings Bonds purchased or exchanged on or after the effective date of the new rule.
(l) The department shall amend the regulations for all its health care assistance programs to:
(1) eliminate continued benefits while an appeal is pending when benefits have been reduced or eliminated based on a change mandated by the general assembly, U.S. Congress, the Center for Medicare and Medicaid Services, or the courts.
(2) require payment of premiums while an appeal is pending as a condition of continued coverage during the appeal period when an individual has filed an appeal. Individuals appealing the amount of their premium shall pay at the billed amount until the dispute is resolved.
(3) The provisions of this subsection shall take effect upon passage.
(m) Subject to the provisions of 32 V.S.A. §§ 704 and 704a, no program changes, including cessation of new enrollment or termination of existing recipients, shall be made to VHAP RX, VScript, or VScript Expanded based on any waiver changes or denials for federal matching funds to VScript Expanded without approval of the joint fiscal committee.
(n) In that Dartmouth Hitchcock Medical Center provides high-quality health care to Vermonters, the department is directed to conduct discussions with representatives of the Dartmouth Hitchcock Medical Center and the Vermont Association of Hospitals and Health Systems with the aim of developing and implementing a Medicaid reimbursement formula that would maintain the Medicaid rate parity that currently exists between these organizations.
(o) Of the state fund amounts appropriated by this section, $11,974,833.00 of state funds shall be allocated for disproportionate share hospital payments to Vermont hospitals and $15,136,450.00 of state funds and federal matching funds shall be allocated for a one-time cost of service increase for Vermont hospitals only. In addition, the commissioner of prevention, assistance, transition, and health access shall revise the Vermont hospital inpatient payment method to establish a new base for the mid-sized hospital class, including an inflation factor; and rebase Grace Cottage Hospital, Gifford Memorial Hospital, Mount Ascutney Hospital, and Porter Hospital to an all-inclusive per diem amount reasonably related to the Medicare critical access hospital rate. The department shall amend the Medicaid state plan to provide for an annual hospital inflation factor that shall be contingent upon and subject to appropriation by the general assembly.
(p) The commissioner of prevention, assistance, transition, and health access shall evaluate the feasibility of sending each beneficiary of the VHAP Uninsured, VHAP-Rx, VScript and VScript expanded programs a periodic statement reporting the retail cost of the prescriptions received by the beneficiary, compared to the premium or other cost sharing borne by the beneficiary. The department may implement such a reporting system forthwith if the commissioner determines that the amount appropriated by this section and the administrative resources necessary to implement such a reporting system are sufficient. If the commissioner determines that additional resources are necessary to implement such a system, a report describing the commissioner’s findings and recommendations shall be submitted to the general assembly no later than January 15, 2004.
(q) The department is authorized to establish premium-based programs under the provisions of this section notwithstanding any premium requirements, limitations or other provisions to the contrary in 33 V.S.A. §§ 1901, 1993 and 1994 or other provisions of law.
(r) It is the intent of the legislature that in fiscal year 2005, the state funds allocated for residential care facilities be increased by $200,000.00.
Sec. 147a. VERMONT HEALTH ACCESS PLAN STUDY
(a) The department of prevention, assistance, transition, and health access in consultation with the department of banking, insurance, securities, and health care administration and the joint fiscal office shall study and prepare a report on the advantages, benefits and costs of a Vermont health access program to offer health care coverage for Vermonters who do not have access to a group health care plan and for small businesses, including sole proprietorships. The program would establish premium amounts so that total revenue would be sufficient to pay for the cost of benefits, claims, and program administration, including the cost of reinsurance and such reserves as necessary. In addition, premiums shall be sufficient to provide payments to providers at levels 10 percent greater than levels paid under the Medicare program. The report shall include draft legislation necessary to authorize the program, if feasible, and shall be submitted to the health access oversight committee and the house and senate committees on health and welfare on or before December 1, 2003.
Sec. 148. Prevention, assistance, transition, and health access - general assistance
Grants 4,376,260
Source of funds
General fund 3,264,939
Special funds 1
Federal funds 1,111,320
Total 4,376,260
(a) Of the above appropriation, $527,000.00 in federal TANF funds and $50,000.00 in general funds is allocated specifically for assistance to families who demonstrate they are faced with a reasonably preventable loss of housing and who meet state requirements for this assistance, as established by regulation. Of this $577,000.00, the $50,000.00 portion appropriated from general funds shall be used for the “Category II” rental assistance program. Assistance under this provision is not an entitlement and shall cease upon expenditure of these allocated funds.
(b) Of the above appropriation, an amount not to exceed $150,000.00 ($75,000.00 in federal TANF funds and $75,000.00 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. Assistance under this provision is not an entitlement and shall cease upon expenditure of these allocated funds.
Sec. 149. Prevention, assistance, transition, and health access - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 8,352,075
Total 8,462,075
Source of funds
Special funds 8,462,075
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000.00 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.
Sec. 149a. WEATHERIZATION FUND ANALYSIS
(a) On or before December 15 of each year, the department of public service and the agency of human services in consultation with the joint fiscal office shall develop and submit a report to the senate and house committees on appropriations which provides:
(1) any projected or actual reserves in the special fund established pursuant to 33 V.S.A. § 2503, the expenditure of which would not adversely impact ongoing levels of weatherization services; and
(2) an analysis of the projected need of households eligible for fuel assistance in meeting their heating bills in the current heating season as compared to previous heating seasons. A heating season shall be defined as the six months from October through March.
Sec. 150. PREVENTION, ASSISTANCE, TRANSITION, AND HEALTH
ACCESS - 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 2004 and all unexpended LIHEAP funds granted to the state in fiscal year 2003 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, 2003, and program administration, the commissioner of finance and management shall transfer $2,550,000.00 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 2003-2004 crisis set-aside and seasonal home heating fuel assistance through December 31, 2003, and LIHEAP funds awarded as of December 31, 2003 for fiscal year 2004 do not exceed $2,550.000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2004. 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, 2003, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.
Sec. 151. Prevention, assistance, transition, and health access - food stamp cash out
Grants 5,557,341
Source of funds
Federal funds 5,557,341
Sec. 152. THE ADOPTION OF PREVENTION, ASSISTANCE,
TRANSITION, AND HEALTH ACCESS RULES
(a) Notwithstanding any provisions to the contrary in 3 V.S.A. chapter 25, the commissioner of prevention, assistance, transition, and health access may adopt rules in order that changes reflected in Sec. 147 subsections (b), (c), (d)(3), (f)(1), (j), (k) and (l) of this act shall be implemented by July 1, 2003. These rules shall be effective upon filing with the secretary of state, and the changes authorized therein shall be implemented no sooner than 10 days following the mailing of adverse action notice and shall have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25. Any such rules filed by the commissioner with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. § 843 and shall be accepted by the secretary of state, if filed with a certification by the commissioner that the rule is required to meet the purposes of this section. Rules adopted under this subsection shall remain in effect until December 31, 2003 or until amended by rules adopted pursuant to the provisions of Sec. 152a of this act. Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the commissioner may file prior to and adopt, effective as soon as promulgated, all rules necessary to exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2004.
Sec. 152a. THE ADOPTION OF PREVENTION, ASSISTANCE,
TRANSITION, AND HEALTH ACCESS EXPEDITED RULES
(a) The commissioner of prevention, assistance, transition, and health access may adopt rules under the expedited rule-making procedures provided in this section in order that changes reflected in this act to programs administered by the department of prevention, assistance, transition, and health access shall be implemented by January 1, 2004, or as soon as the rules are adopted.
(b) Notwithstanding any provisions to the contrary in 3 V.S.A. chapter 25, the commissioner of prevention, assistance, transition, and health access may file prior to and adopt, effective as soon as filed with the secretary of state and the legislative committee on administrative rules, such rules as are necessary to complete implementation of Sec. 147 (f)(1) of this act, as well as Sec. 147 (b) through (g), (j) through (l) of this act. Such rules shall be adopted by:
(1) filing proposed rules no later than September 2, 2003 and publishing a notice of proposed rules on September 4 and September 11 in three daily newspapers with the highest average circulation in the state, listing all rules to be adopted by this process and providing for a 10-day public comment period including any weekends or holidays that fall within the period;
(2) filing final proposed rules with the secretary of state and legislative committee on administrative rules no later than the third Thursday following the close of the public comment period;
(3) responding to an objection to the final proposed rules, or receiving notice of approval, by the legislative committee on administrative rules, under the provisions of 3 V.S.A. § 842, no later than the second Thursday following filing of the final proposed rules;
(4) filing the adopted rules with the secretary of state and the legislative committee on administrative rules two business days following approval, or the expiration of 14 days following an objection, by the legislative committee on administrative rules; and
(5) mailing notice to beneficiaries affected by the rule changes by November 15, 2003, following filing of the adopted rules.
(c) The rules shall be effective upon filing with the secretary of state and the legislative committee on administrative rules, and shall be implemented no sooner than 10 days following the mailing of adverse action notice and shall have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25. Any such rules filed by the commissioner with the secretary of state and the legislative committee on administrative rules shall be deemed to be in full compliance with 3 V.S.A. § 843 and shall be accepted by the secretary of state, if filed with a certification by the commissioner that the rules are required to meet the purposes of this section.
Sec. 153. Developmental and mental health services - central office
Personal services 2,153,430
Operating expenses 762,406
Total 2,915,836
Source of funds
General fund 1,228,665
Federal funds 1,687,171
Total 2,915,836
Sec. 154. Developmental and mental health services - community mental health
Personal services 2,581,865
Operating expenses 352,039
Grants 78,696,687
Total 81,630,591
Source of funds
General fund 24,304,227
Special funds 6,933,073
Federal funds 47,248,125
Interdepartmental transfer 3,145,166
Total 81,630,591
(a) Of the above appropriation, $907,093.00 shall be used for wage and benefit increases for developmental and mental health services providers and $227,250.00 in general funds with any available federal matching funds shall be used to provide operating expense increases for developmental and mental health services providers.
Sec. 155. Developmental and mental health services - developmental services
Personal services 3,009,458
Operating expenses 480,940
Grants 87,249,557
Total 90,739,955
Source of funds
General fund 34,085,237
Special funds 905,890
Federal funds 54,655,528
Interdepartmental transfer 1,093,300
Total 90,739,955
(a) Of the above appropriation, $987,867.00 shall be used for wage and benefit increases for developmental and mental health services providers and $75,750.00 in general funds with any available federal matching funds shall be used to provide operating expense increases for developmental and mental health services providers.
Sec. 156. Developmental and mental health services - Vermont state hospital
Personal services 12,106,115
Operating expenses 1,450,987
Grants 143,000
Total 13,700,102
Source of funds
General fund 4,732,450
Special funds 160,000
Federal funds 8,807,652
Total 13,700,102
Sec. 157. Developmental and mental health services - employment services
Grants 1,498,268
Source of funds
General fund 610,390
Federal funds 860,499
Interdepartmental transfer 27,379
Total 1,498,268
Sec. 158. Aging and disabilities - administration and support
Personal services 14,148,789
Operating expenses 2,406,051
Total 16,554,840
Source of funds
General fund 4,477,329
Special funds 439,669
Federal funds 10,814,857
Interdepartmental transfer 822,985
Total 16,554,840
(a) Of the above appropriation, at least $10,000.00 shall be expended by the department for the support of “The Independent,” an independent newsletter to provide information and education on aging and disabilities issues.
Sec. 159. Aging and disabilities - division of advocacy and independent living
Grants 20,969,418
Source of funds
General fund 8,074,725
Transportation fund 522,000
Special funds 751,981
Federal funds 11,545,712
Interdepartmental transfer 75,000
Total 20,969,418
(a) Personal care attendants are exempt from 21 V.S.A. § 342 and shall not be construed as state employees except for purposes of 21 V.S.A. chapters 9 and 17.
(b) Notwithstanding 32 V.S.A. § 706, the department may transfer up to $250,000.00 in general funds for the elderly mental health initiative to the department of developmental and mental health services to maximize the use of Medicaid funds.
(c) Of the above general fund appropriation for the adult day program, $25,000.00 shall be used to support expenditures that are not eligible for Medicaid reimbursement.
Sec. 160. Aging and disabilities - blind and visually impaired
Grants 1,287,237
Source of funds
General fund 540,106
Special funds 120,000
Federal funds 627,131
Total 1,287,237
Sec. 161. Aging and disabilities - vocational rehabilitation
Grants 5,314,574
Source of funds
General fund 1,479,195
Special funds 80,000
Federal funds 3,355,379
Interdepartmental transfer 400,000
Total 5,314,574
Sec. 162. Aging and disabilities - TBI home and community based waiver
Grants 2,251,760
Source of funds
General fund 862,852
Federal funds 1,388,908
Total 2,251,760
(a) The state shall allocate the appropriation for the traumatic brain injured waiver for fiscal year 2004 in the following manner: rehabilitation program, 51 slots; long-term program, 26 slots. The number of long-term program slots may be increased by no more than eight, if matching funds are available to support the additional slots.
Sec. 162a. GRANT AUTHORIZED
(a) The department of aging and disabilities is authorized to grant to the Vermont development credit union up to $700,000.00 from the adaptive equipment revolving fund, established pursuant to 33 V.S.A. chapter 77. The grant shall require that:
(1) the funds be used for the same purposes as those authorized by 33 V.S.A. chapter 77;
(2) a report be provided to the department annually on the status and use of the funds;
(3) lending criteria be used that are no more restrictive than the criteria used by the department in administering the adaptive equipment revolving fund; and
(4) the total funds made available for loans to disabled persons to purchase adaptive equipment exceed the amount of the grant.
(b) After issuance of the grant, the funds granted to the Vermont development credit union shall no longer be considered part of the adaptive equipment revolving fund for purposes of 33 V.S.A. chapter 77.
Sec. 163. Office of economic opportunity
Personal services 368,217
Operating expenses 78,720
Grants 5,012,934
Total 5,459,871
Source of funds
General fund 1,164,813
Special funds 57,867
Federal funds 3,858,004
Interdepartmental transfer 379,187
Total 5,459,871
(a) Of the above general fund appropriation, $485,000.00 shall be granted to community agencies for homeless assistance by preserving existing 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. 163a. FOOD STAMP OUTREACH; ONE-TIME APPROPRIATION
(a) There is appropriated to the office of economic opportunity $15,000.00 of general funds in fiscal year 2004 for food stamp outreach.
Sec. 164. Office of economic opportunity - weatherization assistance
Personal services 149,237
Operating expenses 30,761
Grants 6,014,475
Total 6,194,473
Source of funds
Special funds 4,940,029
Federal funds 1,254,444
Interdepartmental transfer 0
Total 6,194,473
(a) Of the above special fund appropriation, $400,000.00 is for the replacement and repair of home heating equipment.
Sec. 165. Corrections - administration
Personal services 1,731,897
Operating expenses 322,087
Grants 302,688
Total 2,356,672
Source of funds
General fund 2,006,447
Federal funds 350,225
Total 2,356,672
Sec. 165a. CORRECTIONS; REVIEW OF POSITIONS
(a) The department of corrections shall conduct an outside evaluation of the impact and effectiveness of the six Youthful Corrections Service Specialist positions that were added to the department in Sec. 280b(a)(1) of No. 63 of the Acts of 2001. The commissioner of corrections shall report to the joint legislative corrections oversight committee established in Sec. 170d of No. 142 of the Acts of 2002 by January 15, 2004 on the findings and recommendation of this evaluation.
Sec. 166. Corrections - parole board
Personal services 217,971
Operating expenses 65,555
Total 283,526
Source of funds
General fund 283,526
(a) The corrections oversight committee established in Sec. 170d of No. 142 of the Acts of 2002 shall review the function and efficiency of the parole board and shall make recommendations as to the continued operation of the parole board to the general assembly by January 15, 2004.
Sec. 167. Corrections - correctional education
Personal services 2,945,248
Operating expenses 422,210
Total 3,367,458
Source of funds
General fund 2,837,133
Interdepartmental transfer 530,325
Total 3,367,458
Sec. 168. Corrections - correctional services
Personal services 57,195,488
Operating expenses 26,359,399
Grants 1,029,500
Total 84,584,387
Source of funds
General fund 30,981,538
Transportation fund 1,424,702
Special funds 549,500
Tobacco funds 87,500
Federal funds 51,338,601
Interdepartmental transfer 202,546
Total 84,584,387
(a) Of the above general fund appropriation, $67,000.00 shall be used as a grant to Dismas House of Vermont, Inc.
(b) Of the above general fund appropriation, $580,000.00 is allocated for transitional housing activities. To the greatest extent possible the housing and supervision services contained within this allocation shall be provided by contracts with community based organizations. The department may use $250,000.00 of this allocation to design and implement up to five pilot projects, of which one each shall be in Bennington and Windham counties. The pilot projects shall seek to supervise in the community offenders who would otherwise be incarcerated, particularly offenders under the age of 22. The pilot project shall include the following services:
(1) education under the community high school of Vermont;
(2) vocational training and career development;
(3) structured recreational services;
(4) substance abuse counseling;
(5) involvement in local restorative justice programs.
(c) Of the above general fund appropriation, $150,000.00 is appropriated for the continuation of the vocational training program for offenders, created in Sec. 2(a)(2)(A) of No. 148 of the Acts of 2000, to assist in the offenders’ successful transition to work upon release from custody in construction and other trades and industries in the state.
(d) The appropriations in this section include $50,000,000.00 in one-time federal funds from the federal Jobs and Growth Tax Relief Reconciliation Act of 2003 (H.R. 2). Should the amount paid Vermont and, pursuant to federal regulations, available for this purpose be less than $50,000,000.00, the federal appropriation shall be reduced and the general fund appropriation increased by the amount of the difference.
Sec. 168a. APPROPRIATION; SOUTHERN STATE CORRECTIONAL
FACILITY START UP
(a) There is appropriated $700,000.00 in general funds for the start up costs of the southern state correctional facility located in Springfield.
(b) Management and inmate supervision functions shall be performed by Vermont state employees at the southern state correctional facility, located in Springfield.
Sec. 169. 28 V.S.A. § 816 is amended to read:
§ 816. INMATE RECREATION FUND
The department shall accept monies generated by commissions on telephone services, commissary sales, and sales of vended items at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund shall be used to provide postage to inmates in a manner consistent with department policy. The fund may be used, at the discretion of the commissioner, to hire persons or purchase services, equipment, and goods to establish or enhance recreation activities for inmates confined in any of the department’s facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities. The inmates, through a process established by the inmate recreation fund committee, may also choose to create a loan fund, the operation of which shall be governed by rules adopted pursuant to chapter 25 of Title 3, from which offenders may borrow in order to help them obtain housing upon release from incarceration.
Sec. 170. Corrections - correctional facilities- recreation
Personal services 473,599
Operating expenses 410,916
Total 884,515
Source of funds
Special funds 884,515
Sec. 171. Corrections - Vermont correctional industries
Personal services 1,484,733
Operating expenses 1,731,740
Total 3,216,473
Source of funds
Internal service funds 3,216,473
Sec. 172. Children’s trust fund
Grant 297,705
Source of funds
General fund 102,705
Special funds 50,000
Federal funds 145,000
Total 297,705
(a) At least 65 percent of the state appropriation for the children’s trust fund will be awarded for community-based program activities for the broad range of child abuse and neglect prevention activities.
Sec. 173. Commission on women
Personal services 174,809
Operating expenses 64,342
Total 239,151
Source of funds
General fund 234,151
Special funds 5,000
Total 239,151
Sec. 174. Retired senior volunteer program
Grants 123,567
Source of funds
General fund 123,567
Sec. 175. Vermont veterans’ home - care and support services
Personal services 10,556,446
Operating expenses 2,477,395
Total 13,033,841
Source of funds
General fund 964,171
Special funds 7,477,877
Federal funds 4,591,793
Total 13,033,841
(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. 176. Vermont association for blind and visually impaired, inc.
Grants 24,447
Source of funds
General fund 24,447
Sec. 177. Total human services 1,280,308,910
Source of funds
General fund 296,929,282
Transportation fund 2,021,702
Special funds 236,249,039
Tobacco fund 23,057,490
Federal funds 709,005,433
Permanent trust 10,000
Internal service funds 3,216,473
Interdepartmental transfer 9,819,491
Total 1,280,308,910
Sec. 178. Employment and training
Personal services 21,309,877
Operating expenses 4,727,257
Grants 2,531,087
Total 28,568,221
Source of funds
General fund 525,546
Special funds 15,000
Federal funds 25,063,952
Interdepartmental transfer 2,963,723
Total 28,568,221
Sec. 179. Employment and training - apprenticeship
Personal services 512,351
Operating expenses 54,362
Grants 160,000
Total 726,713
Source of funds
General funds 581,713
Special funds 145,000
Total 726,713
Sec. 180. Total employment and training 29,294,934
Source of funds
General fund 1,107,259
Special funds 160,000
Federal funds 25,063,952
Interdepartmental transfer 2,963,723
Total 29,294,934
Sec. 181. Education - finance and administration
Personal services 3,536,944
Operating expenses 1,154,341
Grants 11,000,000
Total 15,691,285
Source of funds
General fund 2,965,226
Special funds 19,943
Federal funds 1,239,618
Interdepartmental transfer 11,466,498
Total 15,691,285
(a) It is the intent of the legislature that the expenditure of Federal 21st Century Community Learning Funds shall make funding of licensed afterschool programs a priority.
(b) The department of education shall ensure that:
(1) the department of social and rehabilitation services shall be represented on all oversight boards and commissions related to Federal 21st Century Community Learning Funds;
(2) at least 50 percent of the representatives of such boards shall be from licensed afterschool programs;
(3) all grant information and promotion activities shall be carried out in a manner to maximize the successful participation of licensed afterschool programs as recipients in the grant process.
Sec. 182. Education - standards and assessment
Personal services 5,686,306
Operating expenses 625,485
Grants 1,472,980
Total 7,784,771
Source of funds
General fund 2,191,114
Special funds 34,000
Federal funds 5,439,879
Interdepartmental transfer 119,778
Total 7,784,771
Sec. 183. Education - education quality
Personal services 6,853,846
Operating expenses 1,755,270
Grants 95,102,592
Total 103,711,708
Source of funds
General fund 5,339,453
Transportation fund 648,155
Education fund 8,376,070
Special funds 1,584,851
Federal funds 86,338,983
Interdepartmental transfer 1,424,196
Total 103,711,708
(a) The appropriations in this section shall be authorized notwithstanding 16 V.S.A. §§ 1564, 1565, and 1566.
(b) Notwithstanding Sec. 163(b) of No. 63 of the Acts of 2001, the above appropriation includes $200,000.00 from the education fund for the purpose of awarding grants to technical centers to support innovative program development responding to emerging technologies and providing high skill, high wage employment. The commissioner shall give special consideration to new and innovative agricultural programs.
Sec. 183a. 16 V.S.A. § 1531(c) is amended to read:
(c) For a school district which is geographically isolated from a Vermont technical center, the state board may approve a technical center in another state as the technical center which district students may attend. In this case, the school district shall receive transportation assistance pursuant to section 1563 of this title and tuition assistance pursuant to section 1561(c) of this title. Any student who is a resident in the Windham Southwest supervisory union and who is enrolled in the Charles H. McCann Technical School at public expense shall be considered to be attending an approved technical center in another state pursuant to this subsection, and, if the student is from a school district eligible for a small schools support grant pursuant to section 4015 of this title, the student’s full-time equivalency shall be computed according to time attending the school.
Sec. 183b. REVERSION TO GENERAL FUND
(a) Notwithstanding any other provision of law, of the $433,000.00 appropriated in Sec. 251(a)(14) of No. 152 of the Acts of 2000, $130,524.00 shall revert to the general fund in fiscal year 2004.
Sec. 184. Education - special education: formula grants
Grants 74,702,258
Source of funds
Education fund 74,702,258
(a) Notwithstanding the provisions of 16 V.S.A. § 2969 or any other provisions of law, the reimbursements and grants pursuant to 16 V.S.A. § 2967 for fiscal year 2004 costs incurred by school districts shall be paid partially from the fiscal year 2004 appropriation and partially from the fiscal year 2005 appropriation. The fiscal year 2004 appropriation will cover the final reimbursements for fiscal year 2003, with the remainder available for reimbursements for fiscal year 2004 grants and reimbursements. Funds distributed to school districts for fiscal year 2004 expenses, but to which the school districts were not entitled based on final reports for fiscal year 2004, shall not be considered as part of the total expenditures for fiscal year 2004 under the 60-percent state funding provision of 16 V.S.A. § 2967, as limited by Sec. 10 of No. 117 of the Acts of 2000. Such funds held by local school districts shall be treated as expenditures in fiscal year 2005.
(b) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $2,889,026.00 shall be used by the department of education in fiscal year 2004 as funding for 16 V.S.A. § 2967(b)(2)-(6). In distributing such funds, the commissioner shall not be limited by the restrictions contained within 16 V.S.A. § 2969(c) and (d). In addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $150,000.00 may be used by the department of education for its participation in the higher education partnership plan.
Sec. 185. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND
SIX
(a) Education funds of the appropriation for special education - formula grants, or other funds eligible to be used for matching federal funds, may be used by each supervisory union to participate in the success beyond six program. The purpose of the program is to expand local partnerships to enhance the educational opportunities of students who are at risk of failure in school. The services are to be supplied through contracts with community-based Medicaid providers. The form and substance of the contracts shall be established as part of the overall agreement for the implementation of the program to be executed between the commissioner of education and the secretary of human services.
Sec. 186. Education - state-placed students
Grants 10,689,886
Source of funds
Education fund 10,689,886
Sec. 187. Education - adult education and literacy
Grants 3,590,310
Source of funds
General fund 2,717,399
Federal funds 872,911
Total 3,590,310
Sec. 187a. ADULT EDUCATION AND LITERACY FUNDING; 16-19
YEAR OLDS
(a) On or before January 15, 2004, the commissioner of education shall recommend to the senate and house committees on appropriations and education a method by which school districts organized to provide secondary education, including grade 12, will contribute to the funding of adult education for each resident student who withdraws during the school year and enrolls in an adult education and literacy program in Vermont prior to the age of 21. The commissioner shall send the proposal to each Vermont school board which provides secondary education by October 1, 2003 in order to enable the board to budget for the expense for fiscal year 2005.
Sec. 187b. 16 V.S.A. § 4011(a) and (f) are amended to read:
(a) Annually, the general assembly shall appropriate funds to pay for an adjusted education payment for each equalized pupil and a portion of a base education payment for each adult diploma student and student or client in the adult education and literacy program.
(f) Annually, the commissioner shall pay to a department or agency which provides:
(1) an adult diploma program, an amount equal to 25 percent of the base education payment for each student who completed the diagnostic portion of the program, based on an average of the previous two years; and
(2) adult education and literacy services, an amount equal to 20 percent of the base education payment for each client who is 16 to 20 years of age, inclusive, and who has gained at least one skill level pursuant to state or federal standards. The calculation of “client” shall be based on an average of the previous two years.
Sec. 188. EDUCATION - EDUCATION GRANTS
(a) There is appropriated from the education fund for fiscal year 2004 to the department of education $619,700,000.00. Of the amount appropriated, $587,000,000.00 shall fund the general state support grant notwithstanding 16 V.S.A. § 4011 at $5,810.00 for each equalized pupil, $27,656,606.00 shall fund the standard mainstream block grant under 16 V.S.A. § 2961, and $4,193,189.00 shall fund the essential early education grant under 16 V.S.A. § 2948(c).
(b) Of the above appropriation in Sec. 188(a), $14,022.00 shall be used by the commissioner to issue a payment to the town of Middlebury for a change in valuation in the education tax liability resulting from the change in status of the Addison county community action group property and $42,171.00 shall be used to issue a payment to Rutland Town for a change in valuation in the education tax liability as the result of an appeal of the Juster Mall property assessment.
Sec. 188a. 16 V.S.A. § 11(a)(31) is added to read:
(31) “Early childhood education” means a program which provides educational services for children three to five years of age.
Sec. 189. Education - transportation
Grants 12,922,700
Source of funds
Education fund 12,922,700
Sec. 190. Education - small school grants
Grants 5,023,842
Source of funds
Education fund 5,023,842
Sec. 191. Education - capital debt service aid
Grants 2,126,341
Source of funds
Education fund 2,126,341
Sec. 192. Education - local share property tax
Grants 42,000,000
Source of funds
Education fund 42,000,000
Sec. 192a. SCHOOL TECHNOLOGY EXEMPTION
(a) Notwithstanding any law to the contrary, in the event that a school district has voted to utilize Sec. 43 of No. 144 of the Acts of 2002 (finance of school construction provisions), up to $65,000.00 of the school district’s local matching funds for the federal school technology grants administered by the school construction unit of the department of education may be removed from the calculation of local education spending for fiscal year 2004 only.
Sec. 193. Education - tobacco litigation
Personal services 159,089
Operating expenses 23,961
Grants 695,930
Total 878,980
Source of funds
Tobacco fund 878,980
Sec. 194. Education - Act 117 cost containment
Personal services 931,143
Operating expenses 58,043
Grants 65,000
Total 1,054,186
Source of funds
Interdepartmental transfer 1,054,186
(a) Notwithstanding any provisions of law, expenditures made during fiscal year 2004 from this section shall be counted under 16 V.S.A. § 2967 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. 195. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL
FUND - DEPOSIT
(a) In addition to deposits in the Medicaid reimbursement administrative special fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2004 $1,054,186.00 of federal Medicaid receipts received for reimbursement of medically-related services provided to students who are Medicaid eligible shall be deposited in the administrative special fund.
Sec. 195a. FISCAL REVIEW PANEL
(a) Notwithstanding 16 V.S.A. § 2974(e), the state board of education shall convene the fiscal review panel in fiscal year 2004 for not more than two meetings in order to review its purpose and make recommendations to the legislature by January 15, 2004, regarding its future role and funding requirements.
Sec. 196. FUND APPROPRIATION AND TRANSFER
(a) There is appropriated in fiscal year 2004 from the general fund for transfer to the education fund the amount of $268,400,000.00.
Sec. 197. State teachers’ retirement system
Personal services 11,129,267
Operating expenses 765,703
Grants 20,446,282
Total 32,341,252
Source of funds
General fund 20,446,282
Pension trust fund 11,894,970
Total 32,341,252
(a) Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers’ retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL-CIO.
(b) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of annual contribution to the Vermont state teachers’ retirement system shall be $20,446,282.00 in fiscal year 2004.
Sec. 198. TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a) The amount of $2,364,500.00 in education funds is appropriated in fiscal year 2004 to implement the provisions of 32 V.S.A. §§ 4041(a), relating to payments to municipalities for reappraisal costs, and 5405(f), relating to payments of $1.00 per grand list parcel.
(b) The towns currently engaged in litigation with the Washington electric cooperative regarding grand list appeals of the assessment of utility property, as those values were established by reference to information from the department of taxes, division of property valuation and review, may submit to the attorney general legal expenditures made by those towns as a result of this litigation. The attorney general shall review the submitted bills and, if reasonable, approve reimbursement. As the litigation may have a substantial impact on the education grand list, $100,000.00 of the appropriation in this section shall be transferred to the attorney general and reserved for payment of expenses incurred by towns in defense of grand list appeals as provided herein. Expenditures for this purpose shall be considered qualified expenditures under 16 V.S.A. § 4025(c).
Sec. 199. Tax department property tax assistance
Grants 107,969,706
Source of funds
General fund 7,084,690
Transportation fund 4,385,016
Education fund 96,500,000
Total 107,969,706
Sec. 200. Total general education and property tax assistance 1,310,951,725
Source of funds
General fund 309,144,164
Transportation fund 5,033,171
Education fund 874,405,597
Special funds 1,638,794
Tobacco fund 878,980
Federal funds 93,891,391
Interdepartmental transfer 14,064,658
Pension trust fund 11,894,970
Total 1,310,951,725
Sec. 201. University of Vermont
Grants 36,922,057
Source of funds
General fund 36,922,057
(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the university of Vermont on or about the 15th of each calendar month of the year.
(b) Of the above appropriation, $346,800.00 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.
Sec. 202. DENTAL HYGIENE PROGRAM; TRANSITIONAL
PROVISIONS; EFFECTIVE DATES
(a) The dental hygiene program currently operated at the university of Vermont will be transferred to the Vermont state colleges not later than June 30, 2004. The Vermont state colleges will have full responsibility for operating the program thereafter.
(b) The university of Vermont will admit, under its admission criteria, qualified applicants for the fall semester 2003, on the condition that all students in good academic standing will be transferred to the Vermont state colleges at the end of the spring semester 2004, and they will be required to meet graduation requirements of the Vermont state colleges.
(c) The university of Vermont will provide access to its existing dental hygiene clinic facilities and all existing equipment for the use and benefit of the dental hygiene program until June 30, 2005, unless the university of Vermont and the Vermont state colleges agree to an earlier date of access termination. The Vermont state colleges will pay the university of Vermont a reasonable rent, to be negotiated, for the use of these facilities after July 1, 2004.
(d) On June 30, 2005, or such earlier date as the university of Vermont and the Vermont state colleges may agree, the university of Vermont will transfer existing functional equipment used in the dental hygiene program, excluding equipment used for multiple purposes at the university, to the Vermont state colleges without charge.
Sec. 202a. ADMINISTRATION BUDGET SUBMISSION; DENTAL
HYGIENE PROGRAM
(a) The secretary of administration shall include with the fiscal year 2005 budget submission specific proposals to subsidize, in an amount not to exceed $350,000.00, the transition of the dental hygiene program from the university of Vermont to the Vermont state colleges.
Sec. 202b. ONE-TIME DENTAL HYGIENE LAB APPROPRIATION
(a) There is appropriated to the university of Vermont the amount of $25,000.00 from the general fund to maintain the dental hygiene lab equipment through June 30, 2005.
Sec. 203. University of Vermont - Morgan horse farm
Grants 5,000
Source of funds
General fund 5,000
Sec. 204. Vermont public television
Grants 563,832
Source of funds
General fund 563,832
Sec. 205. Vermont state colleges
Grants 21,185,150
Source of funds
General fund 21,185,150
(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont state colleges on or about the 15th of each calendar month of the year.
(b) Of the above appropriation, $100,000.00 shall be reserved for use as the state’s fiscal year 2004 contribution toward the growth of the endowment fund for the Vermont state colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 2004 appropriation will be the third of five annual appropriations, through fiscal year 2006, totaling $500,000.00. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed to between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. By June 30, 2007, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.
(c) Of the above appropriation, $400,860.00 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. 206. Vermont state colleges - practical nursing schools
Grants 604,050
Source of funds
General fund 604,050
Sec. 207. Vermont interactive television
Grants 795,331
Source of funds
General fund 795,331
(a) The secretary of administration shall instruct agencies and departments to utilize to the maximum feasible extent the services of Vermont interactive television in order to save in-state travel appropriations.
Sec. 208. Vermont student assistance corporation
Grants 16,683,804
Source of funds
General fund 16,683,804
(a) Not less than 100 percent of grants shall be used for direct student aid.
Sec. 209. New England higher education compact
Operating expenses 88,840
Source of funds
General fund 88,840
Sec. 210. Total higher education and other 76,873,064
Source of funds
General fund 76,873,064
Sec. 211. Natural resources - agency of natural resources - administration
Personal services 2,428,471
Operating expenses 1,579,076
Grants 31,500
Total 4,039,047