NO. 71. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
(H.516)
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 2006 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2006. It is the express intent of the general assembly that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2005. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2006 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 3. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2006.
(b) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are single‑year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.
(c) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2006.
(d) The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.
Sec. 4. DEFINITIONS
(a) For the purposes of this act:
(1) “Encumbrances” means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) “Grants” means subsidies, aid, or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.
(3) “Operating expenses” means property management, repair and maintenance; rental expenses; insurance, postage, travel, energy and utilities, office and other supplies; equipment, including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.
(4) “Personal services” means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.
Sec. 5. Secretary of administration - secretary’s office
Personal services 445,340
Operating expenses 51,583
Grants 400,000
Total 896,923
Source of funds
General fund 846,821
Transportation fund 50,102
Total 896,923
(a) The secretary of administration and the state archivist are directed to jointly develop a comprehensive strategy for the management of all records created by state agencies, including but not limited to the following areas:
(1) appraisal of all current records management programs required under 3 V.S.A. § 218;
(2) the use and management of electronic records;
(3) the development of records management training.
(b) The secretary of administration shall develop a preliminary plan of implementation of the comprehensive strategy in subsection (a), including proposed, phased time lines for the implementation, by January 1, 2006. The comprehensive strategy shall be based on actual retrieval histories and applicable statutory mandates.
(c) The secretary of administration and the state archivist shall report to the house and senate committees on government operations and appropriations on this initiative on or before January 15, 2006, and recommend any statutory changes that will reduce the amount of records maintained and stored by state agencies.
(d) Of the above appropriation, $400,000 is for grants to the 11 existing regional marketing programs (RMP). These funds plus additional funds appropriated in this act for regional marketing activities shall continue to be distributed by the existing formula. RMP funds shall be used on the following marketing activities (in no specific order): regional websites, consumer/trade shows, packages/itineraries, regional publications and guides, toll free phone lines and fulfillment, public relations, advertising, familiarization tours, welcome center promotion, joint projects, and administration.
Sec. 6. IN-STATE TRAVEL REDUCTION
(a) The secretary of administration is directed to reduce in-state travel budgets, thereby reducing operating expense appropriations by $300,000 in general funds throughout the executive branch of state government and in place of this funding, encourage departments and agencies to utilize Vermont interactive television for meetings. The secretary shall report to the house and senate committees on appropriations by the end of December 2006 on the use of Vermont interactive television by state agencies and departments during fiscal year 2006.
Sec. 7. Information and innovation - GOVnet
Personal services 567,046
Operating expenses 189,353
Total 756,399
Source of funds
Internal service funds 756,399
Sec. 8. Information and innovation - communications and information technology
Personal services 3,482,819
Operating expenses 563,177
Total 4,045,996
Source of funds
Internal service funds 4,045,996
(a) The commissioner of information and innovation shall, with the cooperation of the legislative director of information technology, report to the general assembly by January 15, 2006 on the potential for conversion of the current legislative e-mail service to the same system used by the executive branch. The report shall include direct savings and costs associated with such a conversion, a time line for such a conversion and how customer service, training, privacy, and security concerns would be addressed in such a conversion.
(b) The commissioner of information and innovation shall report to the general assembly by January 15, 2006 on the potential for conversion of the current telephone system to a voice-over internet protocol (VOIP) based system. The report shall include the estimated cost of such a conversion, the potential savings a VOIP system may provide, and consideration of customer service concerns from both the state employee and state citizen perspective.
Sec. 9. Finance and management - financial operations
Personal services 2,139,003
Operating expenses 1,203,059
Total 3,342,062
Source of funds
Internal service funds 3,342,062
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $4,295,964, plus the costs of fiscal year 2006 salary increases bargained as part of the State/VSEA agreement, are hereby approved. Of this amount, $867,229 will be used to support the HRMS system that is operated by the department of human resources.
Sec. 10. Finance and management - budget and management
Personal services 908,332
Operating expenses 128,752
Total 1,037,084
Source of funds
General fund 816,881
Transportation fund 111,313
Interdepartmental transfer 108,890
Total 1,037,084
(a) The department of finance and management shall propose to the general assembly on January 15, 2006 the necessary statutory language and process changes required to consolidate at least 20 percent of the special funds currently in the statewide accounting system.
Sec. 11. Human resources - operations
Personal services 1,606,082
Operating expenses 314,842
Total 1,920,924
Source of funds
General fund 1,281,126
Transportation fund 347,778
Interdepartmental transfer 292,020
Total 1,920,924
Sec. 12. Human resources - HR workforce planning & employment services
Personal services 841,435
Operating expenses 301,357
Total 1,142,792
Source of funds
General fund 708,084
Transportation fund 199,708
Special funds 235,000
Total 1,142,792
Sec. 13. Human resources - employee benefits & wellness
Personal services 1,448,884
Operating expenses 355,564
Total 1,804,448
Source of funds
Internal service funds 1,804,448
Sec. 14. Human resources - information technology
Personal services 515,184
Operating expenses 370,605
Total 885,789
Source of funds
Internal service funds 885,789
Sec. 15. Libraries
Personal services 1,881,114
Operating expenses 1,573,421
Grants 70,000
Total 3,524,535
Source of funds
General fund 2,328,186
Special funds 227,820
Federal funds 812,529
Interdepartmental transfer 156,000
Total 3,524,535
Sec. 16. Tax - administration/collection
Personal services 11,477,404
Operating expenses 2,684,071
Total 14,161,475
Source of funds
General fund 13,167,874
Transportation fund 213,601
Tobacco fund 58,000
Special funds 542,000
Interdepartmental transfer 180,000
Total 14,161,475
Sec. 17. Buildings and general services - administration
Personal services 1,438,892
Operating expenses 109,308
Total 1,548,200
Source of funds
Interdepartmental transfer 1,548,200
Sec. 18. Buildings and general services - engineering
Personal services 1,876,190
Operating expenses 444,472
Total 2,320,662
Source of funds
General fund 2,173,473
Transportation fund 102,189
Interdepartmental transfer 45,000
Total 2,320,662
Sec. 19. Buildings and general services - information centers
Personal services 3,294,693
Operating expenses 1,177,513
Grants 370,000
Total 4,842,206
Source of funds
General fund 42,914
Transportation fund 4,799,292
Total 4,842,206
Sec. 20. Buildings and general services - purchasing
Personal services 704,895
Operating expenses 169,370
Total 874,265
Source of funds
General fund 656,618
Transportation fund 217,647
Total 874,265
Sec. 21. Buildings and general services - public records
Personal services 863,949
Operating expenses 701,543
Total 1,565,492
Source of funds
General fund 1,071,612
Transportation fund 182,620
Special funds 311,260
Total 1,565,492
Sec. 22. Buildings and general services - postal services
Personal services 599,500
Operating expenses 142,952
Total 742,452
Source of funds
General fund 40,000
Transportation fund 30,000
Internal service funds 672,452
Total 742,452
Sec. 23. Buildings and general services - copy center
Personal services 788,629
Operating expenses 215,702
Total 1,004,331
Source of funds
Internal service funds 1,004,331
Sec. 24. Buildings and general services - supply center
Personal services 246,376
Operating expenses 132,601
Total 378,977
Source of funds
Internal service funds 378,977
Sec. 25. Buildings and general services - federal surplus property
Personal services 63,749
Operating expenses 70,299
Total 134,048
Source of funds
Enterprise funds 134,048
Sec. 26. Buildings and general services - state surplus property
Personal services 58,930
Operating expenses 65,680
Total 124,610
Source of funds
Internal service funds 124,610
Sec. 27. Buildings and general services - property management
Personal services 1,240,936
Operating expenses 2,606,448
Total 3,847,384
Source of funds
Internal service funds 3,847,384
Sec. 28. Buildings and general services - all other insurance
Personal services 59,648
Operating expenses 11,739
Total 71,387
Source of funds
Internal service funds 71,387
Sec. 29. Buildings and general services - general liability insurance
Personal services 223,314
Operating expenses 38,632
Total 261,946
Source of funds
Internal service funds 261,946
Sec. 30. Buildings and general services - workers’ compensation insurance
Personal services 958,583
Operating expenses 152,019
Total 1,110,602
Source of funds
Internal service funds 1,110,602
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges not to exceed $8,664,387, plus the costs of fiscal year 2006 salary increases bargained as part of the State/VSEA agreement, are hereby approved.
Sec. 31. Buildings and general services - fee for space
Personal services 10,385,701
Operating expenses 9,960,599
Total 20,346,300
Source of funds
Internal service funds 20,346,300
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $20,346,300, plus the costs of fiscal year 2006 salary increases bargained as part of the State/VSEA agreement, are hereby approved.
(b) The following 6 (six) classified positions with any incumbents shall be moved from the department of health – Vermont state hospital to the department of buildings and general services: Custodian I (position numbers 740652, 740684, 740716, 741010), Custodian III (position number 740651), and VSH Housekeeper (position number 740650).
Sec. 32. Geographic information system
Grants 393,957
Source of funds
Special funds 393,957
Sec. 33. Auditor of accounts
Personal services 1,866,196
Operating expenses 103,338
Total 1,969,534
Source of funds
General fund 468,742
Transportation fund 59,317
Special funds 54,455
Internal service funds 1,387,020
Total 1,969,534
Sec. 34. State treasurer
Personal services 2,158,253
Operating expenses 329,009
Grants 25,000
Total 2,512,262
Source of funds
General fund 837,580
Transportation fund 104,035
Special funds 1,475,133
Private purpose trust fund 95,514
Total 2,512,262
(a) Of the above general fund appropriation, $25,000 shall be transferred into the armed services scholarship fund established in 16 V.S.A. § 2541.
Sec. 34a. 32 V.S.A. § 436 is amended to read:
§ 436. INTERFUND BORROWING
Notwithstanding any provisions of law, the state
treasurer, with the approval of the governor, may borrow from any funds
heretofore or hereafter created by the legislature such available amounts as he
or she may determine to be necessary or desirable for the purpose of defraying
the expenses of government, including the payment of notes issued for such purposes.
Such borrowing may be only made twice a year; first, during the period
commencing 15 business days prior to the end of the state’s fiscal year and
ending 15 business days after the end of the state’s fiscal year, and
second, during the period commencing on December 10, or the preceding Friday if
December 10 shall fall on a Saturday or Sunday, and ending on January 10 of the
succeeding year. During the period commencing with the first day of the
state’s succeeding fiscal year and ending on a date not more than 15 business
days thereafter, No later than the last day of the period during which
the funds were borrowed, the state treasurer shall transfer to any such
fund from which such initial borrowing has been made an amount equal to such
borrowed amount, together with interest thereon at such rate as the state
treasurer in his or her sole discretion shall determine.
Sec. 34b. COMMISSION ON FUNDING THE STATE TEACHERS’
RETIREMENT SYSTEM OF VERMONT PENSION
ACCUMULATION FUND
(a) A commission is created to make recommendations for funding an adequate, sustainable, and actuarially sound retirement benefit plan for the state teachers’ retirement system of Vermont. The commission shall be comprised of the following 13 members:
(1) two members of the house of representatives, appointed by the speaker of the house;
(2) two members of the senate, appointed by the committee on committees;
(3) the chair of the board of trustees of the Vermont state teachers’ retirement system;
(4) the commissioner of finance and management;
(5) the commissioner of education;
(6) the state treasurer, who shall chair this commission;
(7) two members of the Vermont national education association, appointed by the association;
(8) one member of the Vermont superintendents’ association, appointed by the association;
(9) one member of the Vermont school boards’ association, appointed by the association; and
(10) one public member with pension and benefit experience, appointed by the governor.
(b) The commission shall file a report of its recommendations with the governor and the general assembly on November 15, 2005.
(c) Legislative members shall be entitled to per diem compensation and expenses as provided for in section 406 of Title 2.
Sec. 35. State treasurer - abandoned property
Personal services 541,534
Operating expenses 242,188
Total 783,722
Source of funds
Private purpose trust fund 783,722
Sec. 36. Vermont state retirement system
Personal services 20,448,159
Operating expenses 729,324
Total 21,177,483
Source of funds
Pension trust fund 21,177,483
Sec. 37. Municipal employees’ retirement system
Personal services 1,427,518
Operating expenses 213,732
Total 1,641,250
Source of funds
Pension trust fund 1,641,250
Sec. 38. State labor relations board
Personal services 157,439
Operating expenses 40,128
Total 197,567
Source of funds
General fund 187,100
Transportation fund 4,597
Special funds 5,870
Total 197,567
Sec. 39. Executive office - governor’s office
Personal services 1,158,112
Operating expenses 369,756
Total 1,527,868
Source of funds
General fund 1,206,200
Transportation fund 157,483
Special funds 3,185
Interdepartmental transfer 161,000
Total 1,527,868
Sec. 40. Executive office - national and community service
Personal services 191,634
Operating expenses 121,871
Grants 1,745,415
Total 2,058,920
Source of funds
General fund 56,528
Federal funds 2,002,392
Total 2,058,920
Sec. 41. VOSHA review board
Personal services 31,652
Operating expenses 8,542
Total 40,194
Source of funds
General fund 20,097
Federal funds 20,097
Total 40,194
Sec. 42. Use tax reimbursement fund - municipal current use
Grants 6,898,455
Source of funds
General fund 4,569,542
Transportation fund 2,328,913
Total 6,898,455
Sec. 43. Lieutenant governor
Personal services 118,723
Operating expenses 17,649
Total 136,372
Source of funds
General fund 117,089
Transportation fund 19,283
Total 136,372
Sec. 44. Legislature
Personal services 2,925,702
Operating expenses 2,191,219
Total 5,116,921
Source of funds
General fund 4,414,316
Transportation fund 702,605
Total 5,116,921
Sec. 45. Legislative council
Personal services 1,685,880
Operating expenses 136,604
Total 1,822,484
Source of funds
General fund 1,588,701
Transportation fund 233,783
Total 1,822,484
(a) The amount of $30,000 in general funds that are carried forward in this appropriation shall revert to the general fund in fiscal year 2006.
Sec. 46. Legislative information technology
Personal services 309,186
Operating expenses 254,227
Total 563,413
Source of funds
General fund 563,413
(a) The amount of $20,000 in general funds that are carried forward in this appropriation shall revert to the general fund in fiscal year 2006.
Sec. 47. Sergeant at arms
Personal services 438,870
Operating expenses 62,909
Total 501,779
Source of funds
General fund 461,044
Transportation fund 40,735
Total 501,779
Sec. 48. Joint fiscal committee
Personal services 1,045,988
Operating expenses 72,385
Total 1,118,373
Source of funds
General fund 982,901
Transportation fund 135,472
Total 1,118,373
Sec. 48a. REPEAL
(a) Sec. 4 of No. 119 of the Acts of 2000 is repealed. No further report on the basic needs budget calculation pursuant to this section shall be required. However, the report shall be updated as needed on or before January 1 of the interim year, 2006, to reflect any significant economic, policy, or statutory changes that substantially affect the information in the report issued the previous January 15.
Sec. 49. Lottery commission
Personal services 1,279,592
Operating expenses 1,057,167
Total 2,336,759
Source of funds
Enterprise funds 2,336,759
(a) The lottery commission shall not reduce funding for the responsible gambling program.
(b) The lottery commission shall transfer $130,000 to the department of health, office of alcohol and drug abuse programs, to support the gambling addiction program.
(c) Notwithstanding any other provision of law, all rules necessary to implement the Tri-State Triple Play game shall be promulgated by the Tri‑State Lotto Commission, including those portions of the rules that are specific to the operation of the Tri-State Triple Play game in the state of Vermont.
Sec. 50. Payments in lieu of taxes
Grants 2,500,000
Source of funds
General fund 600,000
Special funds 1,900,000
Total 2,500,000
(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.
Sec. 51. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 52. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 53. Total general government 125,912,602
Source of funds
General fund 39,130,842
Transportation fund 10,040,473
Special funds 5,148,680
Tobacco fund 58,000
Federal funds 2,835,018
Enterprise funds 2,470,807
Internal service funds 40,039,703
Pension trust funds 22,818,733
Private purpose trust funds 879,236
Interdepartmental transfer 2,491,110
Total 125,912,602
Sec. 54. Protection to persons and property - attorney general
Personal services 5,356,126
Operating expenses 924,563
Total 6,280,689
Source of funds
General fund 2,822,155
Transportation fund 69,615
Special funds 1,112,209
Tobacco fund 290,000
Federal funds 617,000
Interdepartmental transfer 1,369,710
Total 6,280,689
(a) Of the above appropriation, $25,000 shall be reserved by the attorney general for payment of expenses incurred by towns in defense of grand list appeals engaged in litigation with the Washington electric cooperative.
(b) Notwithstanding any other provisions of law, the office of the attorney general, Medicaid fraud control unit is authorized to retain one-half of any civil monetary penalty proceeds from global Medicaid fraud settlements. All penalty funds retained shall be used to finance Medicaid fraud and residential abuse unit activities.
Sec. 54a. 33 V.S.A. § 2005(a) is amended to read:
§ 2005. PHARMACEUTICAL MARKETERS
(a)(1)
Annually on or before January 1 December 1 of each year, every
pharmaceutical manufacturing company shall disclose to the office of the
attorney general the value, nature, and purpose of any gift, fee, payment,
subsidy, or other economic benefit provided in connection with detailing, promotional, or
other marketing activities by the company, directly or through its
pharmaceutical marketers, to any physician, hospital, nursing home, pharmacist,
health benefit plan administrator, or any other person in Vermont authorized to
prescribe, dispense, or purchase prescription drugs in this state. Disclosure
shall include the name of the recipient. Disclosure shall be made on a form
and in a manner prescribed by the office of the attorney general and shall
require pharmaceutical manufacturing companies to report the value, nature, and
purpose of all gift expenditures according to specific categories. The office
of the attorney general shall report annually on the disclosures made under
this section to the general assembly and the governor on or before March 1
April 1.
(2)
Annually in the month of October on October 1, each company
subject to the provisions of this section also shall disclose to the office of
the attorney general, the name and address of the individual responsible for
the company’s compliance with the provisions of this section, or if this
information has been previously reported, any changes to the name or address of
the individual responsible for the company’s compliance with the provisions of
this section.
* * *
Sec. 54b. COMMISSION ON SOCIAL SECURITY NUMBER USAGE
AND OTHER PRIVACY ISSUES
(a) The Social Security Usage Study Commission is hereby created to study the usage of Social Security numbers and other privacy issues in the public and private sector. The commission shall consist of the following members: one representative from the agency of administration, one representative from the attorney general’s office, one representative from the agency of human services, one representative from the agency of commerce and community development, one representative from the department of banking, insurance, securities, and health care administration, one representative from the department of labor, the state archivist, two members of the senate chosen by the committee on committees, and two members of the house of representatives chosen by the speaker of the house. The commission shall be chaired by the attorney general’s office. The commission shall solicit participation from the Vermont League of Cities and Towns and any other interested affected parties. The commission shall study the use of Social Security numbers by both public and private entities and develop proposals for reducing such use wherever possible and protecting privacy and security when the numbers must be used. In addition, these entities shall study the costs and benefits of document destruction. Assessment of the appropriate implementation periods, investigation of any potential secondary effects, and prohibiting the following shall be considered by the commission:
(1) printing of an individual’s Social Security number on any card required for the individual to access products or services provided by the entity;
(2) requiring that an individual transmit his or her Social Security number over the internet, unless the connection is secure or the Social Security number is encrypted and requiring an individual to use his or her Social Security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website; or
(3) printing of an individual’s Social Security number on any materials that are mailed to the individual, unless state or federal law requires the Social Security number to be on the materials.
(b) The commission shall also study the issue of security breaches experienced by collectors of personal information about consumers, and shall develop proposals for effectively notifying consumers about such security breaches.
(c) The commission shall prepare recommendations and report to the senate committees on judiciary and finance and the house committees on commerce and judiciary on or before January 15, 2006.
(d) Legislative members shall be entitled to compensation and reimbursement as provided in section 406 of Title 2.
Sec. 54c. EXTENSION OF SUNSET; CONFIDENTIALITY AND
NONCOMMERCIAL DISTRIBUTION OF CERTAIN TAX
RECORDS AND DATA
Sec. 6 of Act No. 158 of the Acts of 2004 is amended to read:
Sec. 6. SUNSET
This
act shall expire on June 30, 2005 2006, and sections of the Vermont Statutes
Annotated which are amended by this act shall revert to the language in effect
prior to the effective date of this act.
Sec. 55. Vermont court diversion
Grants 1,525,071
Source of funds
General fund 981,093
Transportation fund 143,978
Special funds 400,000
Total 1,525,071
Sec. 56. Center for crime victims services
Personal services 1,035,455
Operating expenses 220,612
Grants 7,425,277
Total 8,681,344
Source of funds
General fund 1,018,644
Special funds 3,541,155
Federal funds 4,058,345
Interdepartmental transfer 63,200
Total 8,681,344
(a) The center shall explore credit card use to facilitate restitution payments from offenders.
Sec. 57. State’s attorneys
Personal services 7,807,300
Operating expenses 1,203,460
Grants 45,000
Total 9,055,760
Source of funds
General fund 6,856,903
Transportation fund 369,310
Special funds 146,375
Federal funds 5,000
Interdepartmental transfer 1,678,172
Total 9,055,760
Sec. 58. Sheriffs
Personal services 2,752,546
Operating expenses 307,269
Total 3,059,815
Source of funds
General fund 2,489,576
Transportation fund 570,239
Total 3,059,815
(a) Of the above appropriation, $15,000 shall be transferred to the state’s attorneys’ office as reimbursement for the cost of the executive director’s salary.
Sec. 59. Defender general - public defense
Personal services 5,681,340
Operating expenses 636,231
Total 6,317,571
Source of funds
General fund 5,200,918
Transportation fund 495,230
Special funds 502,502
Interdepartmental transfer 118,921
Total 6,317,571
Sec. 60. Defender general - assigned counsel
Personal services 2,734,829
Operating expenses 52,850
Total 2,787,679
Source of funds
General fund 2,448,441
Transportation fund 239,238
Special funds 100,000
Total 2,787,679
Sec. 61. Military - administration
Personal services 450,746
Operating expenses 152,035
Grants 200,000
Total 802,781
Source of funds
General fund 802,781
(a) Of the above appropriation, an amount not to exceed $200,000 shall be disbursed to the Vermont student assistance corporation to replenish the amount available for the national guard scholarship program established in 16 V.S.A. § 2856 to a level of $200,000. At the end of fiscal year 2006, any part of the $200,000 appropriation not transferred to the Vermont student assistance corporation shall be reverted to the general fund.
(b) Total disbursements by the Vermont student assistance corporation under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2006.
Sec. 62. Military - air service contract
Personal services 3,838,895
Operating expenses 837,681
Total 4,676,576
Source of funds
General fund 322,658
Federal funds 4,353,918
Total 4,676,576
Sec. 63. Military - army service contract
Personal services 2,692,018
Operating expenses 5,780,134
Total 8,472,152
Source of funds
General fund 110,470
Federal funds 8,361,682
Total 8,472,152
Sec. 64. Military - building maintenance
Personal services 883,960
Operating expenses 383,512
Total 1,267,472
Source of funds
General fund 1,267,472
Sec. 65. Military - veterans’ affairs
Personal services 246,316
Operating expenses 108,740
Grants 121,165
Total 476,221
Source of funds
General fund 476,221
(a) Of the above appropriation, $15,000 shall be used for continuation of the Vermont Medal Program, $40,000 shall be used to provide assistance to the survivors of casualties in the War on Terrorism, $10,000 shall be used for the expenses of the governor’s Veterans’ Advisory Council, and $15,000 shall be used for the Veterans’ Day Parade.
(b) Of the above appropriation, $5,000 shall be granted to the Vermont state council of the Vietnam Veterans of America to fund the service officer program.
Sec. 66. Labor and industry
Personal services 3,149,401
Operating expenses 719,650
Grants 75,000
Total 3,944,051
Source of funds
General fund 836,000
Special funds 1,968,559
Federal funds 1,139,492
Total 3,944,051
Sec. 67. Criminal justice training council
Personal services 873,949
Operating expenses 880,979
Total 1,754,928
Source of funds
General fund 902,574
Transportation fund 281,919
Special funds 500,435
Interdepartmental transfer 70,000
Total 1,754,928
Sec. 68. Liquor control - enforcement and licensing
Personal services 1,557,469
Operating expenses 155,685
Total 1,713,154
Source of funds
Tobacco fund 289,768
Enterprise funds 1,423,386
Total 1,713,154
Sec. 68a. DEPARTMENT OF LIQUOR CONTROL; THIRD CLASS
CABARET LICENSE; REFUND AUTHORITY
(a) Upon request of a holder of a third class cabaret license, the department of liquor control shall refund the fee paid for the third class cabaret license prorated from the date of the request until the expiration of the license, provided the cabaret license was acquired for the purpose of permitting smoking in the cabaret licensed area.
Sec. 69. Liquor control - administration
Personal services 1,250,029
Operating expenses 352,646
Total 1,602,675
Source of funds
Enterprise funds 1,602,675
Sec. 70. Liquor control - warehousing and distribution
Personal services 716,954
Operating expenses 165,065
Total 882,019
Source of funds
Enterprise funds 882,019
Sec. 71. Vermont racing commission
Personal services 2,076
Operating expenses 2,924
Total 5,000
Source of funds
General fund 5,000
Sec. 72. Secretary of state
Personal services 3,603,036
Operating expenses 2,746,911
Total 6,349,947
Source of funds
General fund 583,525
Special funds 3,691,422
Federal funds 2,000,000
Interdepartmental transfer 75,000
Total 6,349,947
(a) Of the above special fund appropriation, the corporation division of the secretary of state’s office represents $456,403, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).
Sec. 72a. Sec. 12(a) of No. 108 of the Acts of 2004 is amended to read:
(a)
26 V.S.A. § 1724 (formulary committee) shall be repealed in its entirety on December 31, 2005 July 1, 2006. Any formulary in effect on this date shall
remain in effect unless or until a process for adopting a new formulary is
authorized by law.
Sec. 72b. REPEAL
26 V.S.A. § 1728b (disclosure of information by optometrist) is repealed.
Sec. 73. Banking, insurance, securities, and health care administration - banking
Personal services 1,141,527
Operating expenses 248,745
Total 1,390,272
Source of funds
Special funds 1,390,272
(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2006, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 74. Banking, insurance, securities, and health care administration - insurance
Personal services 3,017,341
Operating expenses 530,135
Total 3,547,476
Source of funds
Special funds 3,547,476
Sec. 75. Banking, insurance, securities, and health care administration - captive
Personal services 2,565,519
Operating expenses 387,214
Total 2,952,733
Source of funds
Special funds 2,952,733
Sec. 76. Banking, insurance, securities, and health care administration - securities
Personal services 519,436
Operating expenses 130,100
Total 649,536
Source of funds
Special funds 649,536
Sec. 77. Banking, insurance, securities, and health care administration - health care administration
Personal services 3,609,269
Operating expenses 358,002
Total 3,967,271
Source of funds
General fund 469,832
Special funds 3,397,439
Interdepartmental transfer 100,000
Total 3,967,271
Sec. 77a. 18 V.S.A. § 9405a is amended to read:
§ 9405a. COMMUNITY NEEDS ASSESSMENT AND STRATEGIC
PLANNING
On or before January 1, 2005, each hospital shall conduct a four-year community needs assessment. The assessment shall identify and prioritize the health care needs of the service area or patient population for which a hospital provides services, and engage the public in the hospital’s strategic planning process. It shall be accomplished in collaboration with community members, including other health care professionals in the community, local government officials, community organizations, and local businesses. The process for assessing the community’s health care needs shall include at least one public meeting held solely for soliciting public comment, notice for which shall be provided pursuant to section 174 of Title 1. The needs assessment shall be prepared in a uniform format approved by the commissioner and shall be summarized in the hospital’s community report. In addition, each hospital shall develop a mechanism for receiving ongoing public comment, including an annual public meeting, regarding the community needs assessment and for revising it biannually so that the assessment will continue to project a four-year vision. Subsequent community needs assessments shall be conducted every four years thereafter, beginning March 1, 2009.
Sec. 77b. 18 V.S.A. § 9405b(b) is amended to read:
(b) On or before January 1, 2005, and annually thereafter beginning on June 1, 2006, the board of directors or other governing body of each hospital licensed under chapter 43 of this title shall publish on its website, making paper copies available upon request, its community report in a uniform format approved by the commissioner, and in accordance with the standards and procedures adopted by rule under this section, and shall hold one or more public hearings to permit community members to comment on the report. Notice of meetings shall be by publication, consistent with section 174 of Title 1. Hospitals located outside this state which serve a significant number of Vermont residents, as determined by the commissioner, shall be invited to participate in the community report process established by this subsection.
Sec. 77c. 18 V.S.A. § 9432(7) is amended to read:
(7) “Health care facility” means all persons or institutions, including mobile facilities, whether public or private, proprietary or not for profit, which offer diagnosis, treatment, inpatient, or ambulatory care to two or more unrelated persons, and the buildings in which those services are offered. The term shall not apply to any institution operated by religious groups relying solely on spiritual means through prayer for healing, but shall include but is not limited to:
* * *
Sec. 77d. 18 V.S.A. § 9435(c) is amended to read:
(c)
The provisions of subsection (a) of this section shall not apply to offices
owned or, operated, or leased by a hospital or its
subsidiary, parent, or holding company, outpatient diagnostic or therapy
programs, kidney disease treatment centers, independent diagnostic
laboratories, cardiac catheterization laboratories, radiation therapy facilities,
ambulatory surgical centers, and diagnostic imaging facilities and similar
facilities owned or operated by a physician, dentist, or other practitioner of
the healing arts.
Sec. 77e. 18 V.S.A. § 9440 is amended to read:
§ 9440. PROCEDURES
* * *
(c) The application process shall be as follows:
* * *
(3) The commissioner shall review each letter of intent and, if the letter contains the information required for letters of intent as established by the commissioner by rule, within 30 days, determine whether the project described in the letter will require a certificate of need. If the commissioner determines that a certificate of need is required for a proposed expenditure or action, an application for a certificate of need shall be filed before development of the project begins.
(4)
Within 15 days or, in the case of review cycle applications under section
9439 of this title, within 30 days of receipt of an application, the
commissioner shall notify the applicant that the application contains all
necessary information required and is complete, or that additional information
is required.
* * *
Sec. 77f. 18 V.S.A. § 9456(c) is amended to read:
(c) Individual hospital budgets established under this section shall:
* * *
(5)
include a finding that the analysis provided in subdivision (b)(10) (b)(9)
of this section is a reasonable methodology for reflecting a reduction in net
revenues for non-Medicaid payers.
Sec. 77g. SUSPENSION OF CERTIFICATE OF NEED “GAP”
JURISDICTION
(a) The requirements of subsection 9434(d) of Title 18 are suspended through June 30, 2007. As part of their annual budget reviews, hospitals shall report any projects that otherwise would have required a letter of intent to the commissioner of banking, insurance, securities, and health care administration under subsection 9434(d).
Sec. 78. Banking, insurance, securities, and health care administration - administration
Personal services 922,370
Operating expenses 48,000
Total 970,370
Source of funds
Special funds 970,370
(a) Notwithstanding any provision of law to the contrary, the commissioner of BISHCA is authorized to take immediate action to remedy air quality problems that have resulted in chemical toxicity to one or more department employees; the commissioner may in his or her discretion authorize telecommuting or off-site work locations for employees who have documented medical problems which have been, or may be, related to workspace air quality that has resulted in chemical toxicity; and the commissioner may use funds appropriated to the department of buildings and general services to implement any necessary improvements, as approved by the secretary of administration.
Sec. 79. Public safety - administration
Personal services 1,502,205
Operating expenses 27,548
Grants 48,000
Total 1,577,753
Source of funds
General fund 1,577,753
(a) The department of public safety shall provide business manager services for the Vermont criminal justice training council.
(b) The department of public safety shall submit a plan for development of a statewide public safety communications system to the house and senate committees on appropriations and government operations and the joint fiscal committee. No funds are to be expended for design, acquisition, or implementation of a new statewide public safety communications system pending review by the aforementioned committees and approval by the joint fiscal committee.
(c) The law enforcement advisory board is requested to include comments and recommendations on the proposed statewide public safety communications system in its next report to the governor and the general assembly.
(d) The commissioner of public safety and the commissioner of health shall work cooperatively to transition the forensic alcohol program from the Vermont department of health to the department of public safety as soon as administratively possible and shall report to the general assembly on the status of the transition during the 2006 legislative session. In addition, the commissioner of buildings and general services and the commissioner of public safety shall submit a plan for the design and construction, including funding requirements of a new forensics laboratory, to the general assembly by January 15, 2006.
(e) Of the above appropriation, $26,000 shall be used for a grant to the Essex County sheriff department.
(f) In order to achieve better coordination of all law enforcement resources in the state, the law enforcement advisory board created pursuant to 24 V.S.A. § 1939 shall study the relationship between the state police and local coverage to ensure effective coverage in a cost-effective manner for Vermonters. Specifically it shall:
(1) Develop a list of the duties of the department of public safety that cover the entire state such as the crime lab, special investigations, and the mission and duties of the state police;
(2)
Review the state police coverage and state and local public safety
relationships in other states such as New Hampshire and Connecticut, including
a review of models that require communities with over 3,500 in population to
provide or pay for their law enforcement;
(3) Develop ideas for several pilot projects that use local law enforcement to enhance day-to-day coverage and free the state police to focus on its mission and statewide responsibilities;
(4) Submit recommendations to the house and senate committees on judiciary and appropriations as part of its annual budget submission to the general assembly in January 2006.
Sec. 80. Public safety - homeland security
Personal services 851,441
Operating expenses 974,324
Grants 11,771,817
Total 13,597,582
Source of funds
General fund 363,007
Federal funds 13,217,575
Interdepartmental transfer 17,000
Total 13,597,582
Sec. 81. Public safety - Vermont state police
Personal services 36,221,326
Operating expenses 6,337,277
Grants 1,759,547
Total 44,318,150
Source of funds
General fund 17,388,274
Transportation fund 18,555,988
Special funds 3,369,661
Federal funds 4,458,538
Interdepartmental transfer 545,689
Total 44,318,150
(a) The above appropriation for personal services provides funding for 316 state troopers, including 10 “corridor” troopers. Three additional troopers are funded in the homeland security section for a total of 319, the same number as in fiscal year 2005. The above appropriation for operating expenses includes $1,042,000 for the purchase of replacement vehicles.
(b) Of the above appropriation, $35,000 in special funds shall be available for snowmobile law enforcement activities and $35,000 in general funds shall be available to the southern Vermont wilderness search and rescue team, which comprises state police, the department of fish and wildlife, county sheriffs, and local law enforcement personnel in Bennington, Windham, and Windsor counties for snowmobile enforcement.
(c) Of the $230,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers. These town task force officers will be dedicated to heroin and heroin-related drug (e.g. methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts. The remaining $40,000 shall remain as a “pool” of money available to local and county law enforcement to fund overtime costs associated with heroin investigations. Any unexpended funds from prior fiscal years shall be carried forward.
(d) In the event that federal funding currently supporting the Vermont drug task force is reduced, the department shall redirect any other federal funds that may be utilized for this purpose, including the methamphetamine grant, and shall redirect available state resources to maintain the activities of the task force.
Sec. 81a. 24 V.S.A. § 1939(a) is amended to read:
(a) A law enforcement advisory board is created within the department of public safety to advise the commissioner of public safety, the governor, and the general assembly on issues involving the cooperation and coordination of all agencies which exercise law enforcement responsibilities. The board shall review any matter which affects more than one law enforcement agency. The board shall comprise the following members:
(1) the commissioner of the department of public safety;
* * *
(11) the
executive director of the Vermont criminal justice
training council; and
(12) the defender general or his or her designee; and
(13) one employee-representative of the Vermont state police, appointed by the director of the Vermont state employees’ association.
Sec. 82. Public safety - criminal justice services
Personal services 4,933,618
Operating expenses 3,585,669
Grants 3,969,200
Total 12,488,487
Source of funds
General fund 280,000
Transportation fund 4,100,407
Special funds 1,256,685
Federal funds 6,272,395
Interdepartmental transfer 579,000
Total 12,488,487
(a) Of the above general fund appropriation, $30,000 plus available matching funds shall be used to address the DNA processing associated with S.15 of the 2005 legislative session. This includes hiring additional staff at the Vermont crime lab.
Sec. 83. Public safety - emergency management
Personal services 1,495,775
Operating expenses 532,443
Grants 630,012
Total 2,658,230
Source of funds
Transportation fund 63,969
Special funds 367,903
Federal funds 2,223,858
Interdepartmental transfer 2,500
Total 2,658,230
Sec. 84. Public safety – emergency management - radiological emergency response plan
Personal services 548,205
Operating expenses 271,030
Grants 496,112
Total 1,315,347
Source of funds
Special funds 1,315,347
(a) Of the above appropriation, the grants to the department of health are increased by $13,911 over fiscal year 2005 and are level-funded for other state agencies.
(b) Of the above appropriation, $87,028 is provided to establish a western reception center. This is subject to selection and approval of a site by the commissioner of public safety and VEM/RERP in collaboration with officials of the Emergency Planning Zone (EPZ).
(c) The radiological emergency response plan (RERP) functions and funding shall be a separate appropriation in fiscal year 2006 and henceforth.
(d) In fiscal year 2006, the division of emergency management in collaboration with the state agencies, the management of the nuclear power plant, the selectboards of the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or EPZ entity defined by the state as required to support the RERP shall develop the budget for expenditures from the radiological emergency response plan fund for fiscal year 2007 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 payment of no less than $5,000 for radiological emergency response related expenditures. Additional expenditures by the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or EPZ entity defined by the state as required to support the plan shall be determined during the budget development process established by this section.
(e) Of the above special fund appropriation, up to $30,000 shall be available to contract with any radio station serving the emergency planning zone for the emergency alert system.
Sec. 85. Public safety - fire safety
Personal services 3,356,644
Operating expenses 1,099,628
Total 4,456,272
Source of funds
General fund 582,688
Transportation fund 80,964
Special funds 3,481,236
Federal funds 92,384
Interdepartmental transfer 219,000
Total 4,456,272
(a) Of the above general fund appropriation, $50,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.
Sec. 86. Agriculture, food and markets - administration
Personal services 880,196
Operating expenses 453,668
Grants 342,004
Total 1,675,868
Source of funds
General fund 1,409,035
Special funds 117,216
Federal funds 91,004
Interdepartmental transfer 58,613
Total 1,675,868
Sec. 87. Agriculture, food and markets - food safety and consumer protection
Personal services 2,360,887
Operating expenses 281,572
Grants 2,901,492
Total 5,543,951
Source of funds
General fund 1,381,891
Transportation fund 38,862
Special funds 3,344,115
Federal funds 772,083
Interdepartmental transfer 7,000
Total 5,543,951
Sec. 88. Agriculture, food and markets - agricultural development
Personal services 816,602
Operating expenses 504,152
Grants 1,049,421
Total 2,370,175
Source of funds
General fund 609,472
Special funds 1,571,703
Federal funds 189,000
Total 2,370,175
Sec. 89. Agriculture, food and markets - laboratories, agricultural resource management and environmental stewardship
Personal services 3,003,076
Operating expenses 554,576
Grants 616,000
Total 4,173,652
Source of funds
General fund 1,805,695
Special funds 1,497,845
Federal funds 598,324
Interdepartmental transfer 271,788
Total 4,173,652
Sec. 90. Agriculture, food and markets - state stipend
Grants 175,000
Source of funds
General fund 175,000
Sec. 91. 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. 92. Public service - regulation and energy
Personal services 4,464,769
Operating expenses 631,466
Grants 800,000
Total 5,896,235
Source of funds
Special funds 4,713,435
Federal funds 1,157,800
Interdepartmental transfer 25,000
Total 5,896,235
(a) As part of its report on the use of the clean energy development fund as required by section 3 of H.545 of 2005, the department of public service shall consider efforts to support development and increased use of cogeneration and biomass technologies including the possible dedication of at least $250,000 annually for this purpose.
Sec. 93. Public service - purchase and sale of power
Personal services 10,600
Operating expenses 2,215
Total 12,815
Source of funds
Special funds 12,815
Sec. 94. Enhanced 9-1-1 board
Personal services 2,020,257
Operating expenses 397,331
Total 2,417,588
Source of funds
Special funds 2,417,588
Sec. 95. Public service board
Personal services 2,380,294
Operating expenses 310,000
Total 2,690,294
Source of funds
Special funds 2,690,294
Sec. 96. Judiciary
Personal services 24,276,133
Operating expenses 6,576,667
Total 30,852,800
Source of funds
General fund 24,803,705
Transportation fund 3,028,595
Special funds 622,500
Tobacco fund 40,000
Federal funds 333,000
Interdepartmental transfer 2,025,000
Total 30,852,800
(a) The court administrator shall submit to the house and senate committees on appropriations and judiciary, no later than January 1, 2006, a plan and budget for the staffing and provision of court security services throughout the state. The plan and budget should be based on the recommendations of the Supreme Court’s “Court Security Advisory Committee.”
(b) The establishment of two (2) new exempt positions – one (1) Judicial Bureau Docket Clerk and one (1) Guardian ad Litem Volunteer Coordinator – is authorized in fiscal year 2006.
(c) The court administrator shall develop a preliminary plan of implementation of a comprehensive strategy for the management of all public records of all courts, including proposed, phased time lines for the implementation, by January 1, 2006. The management strategy will be based on actual retrieval histories and applicable statutory mandates.
(d) The court administrator shall report to the house and senate committees on government operations and appropriations on the records storage reduction initiative on or before January 15, 2006, and recommend any statutory changes that will reduce the amount of records maintained and stored by state agencies.
Sec. 96a. 12 V.S.A. § 5540a is amended to read
§ 5540a. JURISDICTION OVER SMALL CLAIMS; ASSISTANT JUDGES;
ADDISON, BENNINGTON, CHITTENDEN, FRANKLIN,
GRAND ISLE, LAMOILLE, ORANGE, ORLEANS,
WASHINGTON, WINDHAM AND WINDSOR COUNTIES
* * *
(e) This section shall be repealed effective on July 1, 2005 2008.
Sec. 96b. CASH ADVANCES; COUNTY CLERKS
(a) Notwithstanding the provisions of 32 V.S.A §§ 469 and 470, cash advances to county clerks shall be administered in the same manner as advances for district courts under the provisions of 32 V.S.A § 466.
Sec. 97. 10 V.S.A. § 6618(b) is amended to read:
(b) The secretary may authorize disbursements from the solid waste management assistance account for the purpose of enhancing solid waste management in the state in accordance with the adopted waste management plan. This includes:
* * *
(7) a portion of the costs of administering
the waste facility panel established under subchapter 5 of chapter 151 of
this title environmental court established under chapter 27 of Title 4.
The amount of $120,000.00 per fiscal year shall be disbursed for this purpose;
* * *
Sec. 98. Human rights commission
Personal services 353,523
Operating expenses 84,182
Total 437,705
Source of funds
General fund 278,014
Federal funds 159,691
Total 437,705
Sec. 98a. 9 V.S.A. § 4553(a)(6)(D) is amended to read:
(D) costs and reasonable attorney’s fees associated with the investigation and enforcement of actions; any such costs or fees recovered by the human rights commission under this chapter shall be deposited in the commission’s special fund and shall be available to the commission to offset the costs of providing legal services;
Sec. 98b. 9 V.S.A. § 4551(a) is amended to read:
(a) The human rights commission is hereby established. It shall consist of five members to be appointed by the governor, with the advice and consent of the senate, who shall designate one member to be its chair. No more than three members shall be of the same political party. At least one member shall be of a racial minority.
Sec. 99. Total protection to persons and property 219,880,467
Source of funds
General fund 78,248,797
Transportation fund 28,038,314
Special funds 51,738,826
Tobacco fund 619,768
Federal funds 50,101,089
Enterprise funds 3,908,080
Interdepartmental transfer 7,225,593
Total 219,880,467
Sec. 100. Human services - agency of human services - secretary’s office
Personal services 3,746,236
Operating expenses 1,245,070
Grants 7,633,936
Total 12,625,242
Source of funds
General fund 4,507,196
Tobacco fund 1,375,845
Federal funds 5,742,201
Interdepartmental transfer 1,000,000
Total 12,625,242
(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 (i) outlined in this section to the departments in the agency of human services designated to provide these services.
(d) Of the above tobacco settlement funds, $49,000 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring program for youth.
(e) Of the above tobacco fund appropriation, $100,000 shall be used for a grant to Lamoille County people in partnership for wrap-around services for at‑risk youth.
(f) Of the above tobacco fund appropriation, $100,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 for safe housing provisions for at-risk youth.
(g) Of the above general fund appropriation, $30,000 shall be granted to Prevent Child Abuse Vermont for a comprehensive health education and violence prevention curriculum for seventh and eighth grade students.
(h) Of the above general fund appropriation, $8,000 shall be granted to the Vermont council of girl scouts, of which $5,000 shall be used to support a girl scout special project to assist girls with incarcerated mothers and $3,000 shall be used to support a school vacation program.
(i) Of the above appropriation, a total of $4,004,547 consisting of $1,838,720 in general funds, $811,845 in tobacco funds, and $1,353,973 in federal funds shall be used for the comprehensive substance abuse prevention and treatment component of the drug education treatment enforcement and rehabilitation program (DETER).
(1) The amount of $1,440,660, of which $619,677 is from general funds and $141,682 is tobacco funds, shall be used to support the outpatient treatment, case management, and drug court component of the program. Of the general and tobacco funds, $189,831 shall be allocated to the Rutland County drug court and shall be reserved to provide appropriate drug testing, case management, and other outpatient and inpatient treatment consistent with the design of the Rutland County drug court. These are the state funds the agency of human services shall use as match for year 2 federal funds from the 2003 Department of Justice drug court implementation grant award.
(2) The amount of $439,316, of which $202,808 is from general funds and $141,120 is from tobacco funds, shall be used to fund student assistance counselors.
(3) The amount of $599,067, of which $518,010 is from general funds and $45,000 is from tobacco funds, shall be used for residential treatment programs, including transitional halfway house programs, including the serenity house program.
(4) The amount of $345,000, of which $95,000 is from general funds and $250,000 is from tobacco funds, shall be used for recovery centers as follows:
(A) $240,000 shall be distributed to recovery centers in Springfield, St. Johnsbury, Rutland, Burlington, Bennington, and Barre in the amounts of at least $35,000, but not more than $40,000, per fiscal year to each center;
(B) $25,000 to the recovery center in White River Junction;
(C) $80,000 to the department of health for grants to two new recovery centers and for development of and assistance to recovery centers, and programming and evaluation of recovery centers.
(5) The department of health shall be advised by an executive council of Vermont’s recovery center network on an ongoing basis to prioritize service needs, to assist with the review of recovery center funding proposals, and to provide recommendations for disbursement of funds to the recovery centers. This executive council will consist of the director of the upper valley substance abuse foundation, a representative from the department of health, the director of FOR-VT, and four members elected by the recovery leadership network, which is comprised of a representative from each of the recovery centers.
(6) The amount of $1,180,504, of which $403,255 is from general funds and $234,022 is from tobacco funds, shall be used for opiate treatment programs, including buprenorphine and methadone and treatment for pregnant and postpartum women.
(j) Of the above tobacco fund appropriation, $200,000 along with available matching federal funds shall be available for services required for petitions filed by the agency under 33 V.S.A. § 5517(e).
(k) The agency of human services shall report to the joint fiscal committee prior to January 1, 2006 on all existing information and referral lines across the agency and the lines that they propose to consolidate with the 2-1-1 program. The report shall also include an update on the status of the 2-1-1 information line.
(l) The secretary of the agency shall implement master contracts with community providers as described in the agency of human services strategic plan dated February 2005, as soon as administratively feasible for the agency and the providers.
(1) The secretary shall consult with all agency of human services commissioners and the commissioner of education to coordinate master contracts.
(2) The secretary of human services shall ensure that the funds allocated in the department budgets for programs provided by the Lund Family Center can be transferred across programs of the Lund Family Center and may modify definitions and program criteria as necessary to allow the transfer.
(m) The administration and the Vermont council of developmental and mental health services have agreed that in state fiscal years 2007 and 2008, a 7.5 percent state funding increase will be recommended for the designated agencies. The agency of human services and Vermont council of developmental and mental health services will work collaboratively with consumers, families, and advocates to make a recommendation in each fiscal year as to how this increase will be allocated.
(n) Of the above general fund appropriation, $30,000 plus available matching federal funds shall be granted to Vermont legal aid for the purpose of providing cost of living increases to staff.
Sec. 101. Rate setting
Personal services 632,040
Operating expenses 92,395
Total 724,435
Source of funds
Interdepartmental transfer 724,435
Sec. 102. Human services board
Personal services 278,443
Operating expenses 40,298
Total 318,741
Source of funds
General fund 129,693
Federal funds 134,679
Interdepartmental transfer 54,369
Total 318,741
Sec. 103. Developmental disabilities council
Personal services 110,310
Operating expenses 27,237
Grants 350,838
Total 488,385
Source of funds
Federal funds 488,385
Sec. 104. Office of Vermont health access – administration
Personal services 27,263,444
Operating expenses 681,014
Total 27,944,458
Source of funds
Special funds 13,585,633
Federal funds 14,358,825
Total 27,944,458
(a) The office shall transfer $100,000 of the above special fund appropriation to the department for children and families for the purpose of hiring additional quality assurance staff to review eligibility for long-term care services in the Medicaid program.
(b) With the approval of the secretary of administration and the secretary of human services, the office of Vermont health access is authorized to identify and convert two (2) classified positions to two (2) exempt positions and create one (1) new exempt position.
(c) Of the above special fund appropriation, $1,500,000 is to be used for increased administration expenses for actuarial needs required by the federal government, increased cost associated with conversion of existing pharmacy to wrap around services of the Medicare Part D benefit and for direct support of the coverage and services management and for global clinical record systems. These funds shall be matched with federal funds. The office may add at least ten (10) new positions which shall be transferred and converted from vacant positions in the executive branch of state government.
(d) If the office of Vermont health access has insufficient funds to meet the outreach efforts required by the plan developed under Sec. 316(c) of this act regarding the implementation of Medicare part D, the office may seek authorization from the emergency board to expend additional funds necessary to ensure that the outreach plan provides meaningful and sufficient information to Vermonters.
Sec. 104a. Office of Vermont health access – Medicaid program
Grants 589,599,773
Source of funds
Special funds 243,284,425
Federal funds 346,315,348
Total 589,599,773
(a) The office of Vermont health access shall implement the following provisions relating to provider payments from the appropriations in this section.
(1) The office of Vermont health access shall reduce base Medicaid spending for hospital services by $16,500,000. In fiscal year 2006, the reduction in spending may be accomplished through a reduction in hospital reimbursement, an offset with payments from the hospitals made to the office in anticipation of the final settlement of outpatient costs for prior years, or a combination of both. The offset shall be the payment amount above the anticipated settlement of $1,900,000, which the office has already included in its fiscal year 2006 outpatient projection, but the offset shall not offset spending reductions by more than $5,000,000. Payments by hospitals shall be considered provisional and shall be adjusted as necessary based on final outpatient cost settlements. In fiscal year 2006, Vermont hospitals shall be allowed to increase charges to the extent necessary to offset the reduction in reimbursement that results from this section.
(2) Home health agency fees shall be reduced by $500,000.
(3) Dentists’ fees shall be amended, and other strategies, including a reduction to the cap on adult services, may be employed to reduce spending by $243,309. To the extent possible, the reduction shall be targeted to health services received by adults to minimize the impact on dental services for children.
(4) The amount of $2,400,000 in reductions shall be made in reimbursement rates to providers who use Current Procedural Technology (CPT) codes, but shall be implemented to minimize the impact on primary care services.
Sec. 104b. FUND APPROPRIATION AND TRANSFER
(a) The sum of $78,104,989 is appropriated and transferred from the general fund to the health access trust fund in fiscal year 2006.
(b) The sum of $17,250,000 is appropriated and transferred from the tobacco litigation settlement fund to the health access trust fund in fiscal year 2006.
Sec. 104c. OTHER MEDICAID APPROPRIATIONS; TRANSFER;
REPORT
(a) In addition to the appropriations in this act, all other appropriations of state, federal, and special fund amounts for Medicaid programs and purposes made in the fiscal year 2006 general appropriations act, or any other act appropriating funds in fiscal year 2006, shall be transferred to the health access trust fund established by section 1972 of Title 33 for use in fiscal year 2006 by the agency of human services for purposes of the trust fund. The agency shall submit reports on any transfers made in accordance with this section to the joint fiscal committee on July 1, September 1, and November 1 for committee review and consideration at its July, September, and November 2005 committee meetings.
Sec. 105. Health - administration and support
Personal services 5,606,480
Operating expenses 1,477,930
Total 7,084,410
Source of funds
General fund 1,864,184
Special funds 1,701
Federal funds 5,214,525
Interdepartmental transfer 4,000
Total 7,084,410
Sec. 106. Health - health protection
Personal services 3,561,696
Operating expenses 680,062
Grants 1,574,400
Total 5,816,158
Source of funds
General fund 1,165,201
Special funds 942,000
Federal funds 3,321,732
Interdepartmental transfer 387,225
Total 5,816,158
Sec. 107. Health - health surveillance
Personal services 7,258,188
Operating expenses 1,900,115
Grants 2,461,560
Total 11,619,863
Source of funds
General fund 3,562,198
Special funds 1,254,750
Federal funds 6,672,515
Permanent trust funds 10,000
Interdepartmental transfer 120,400
Total 11,619,863
(a) The amount of $250,000 of the above general fund appropriation and at least $50,000 of the above federal fund appropriation 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. No more than 15 percent may be used for the administration of such services by the Vermont AIDS service organizations. 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). The department of health AIDS program shall be guided and advised by HASAC on an ongoing basis in prioritizing service needs in the disbursement of these funds. The department of health AIDS program shall meet at least quarterly with HASAC and shall provide HASAC with current information and data relating to service initiatives.
(b) The amount of $175,000 of the above general fund appropriation shall be used for all aspects of the HIV/AIDS medication assistance program (AMAP), including costs of prescribed medications, related laboratory testing, nutritional supplements, and maximum cost-effectiveness for the program. Any remaining AMAP general funds at the end of the fiscal year shall be equitably distributed to Vermont AIDS service organizations as provided for under subsection (a) of this section.
(c) The amount of $100,000 of the above general fund appropriation shall be appropriated to the Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which are currently not supported by federal funds due to federal restrictions. These funds shall be used for HIV/AIDS prevention purposes, including, but not limited to, improving the availability of confidential and anonymous HIV testing; prevention work with at-risk groups such as women, intravenous drug users, and people of color; anti-stigma campaigns; and promotion of needle exchange programs. No more than 10 percent of the funds may be used for the administration of such services by the recipients of these funds. The method by which these prevention funds shall be distributed shall be determined by mutual agreement of the department of health, AIDS service organizations, the HIV/AIDS Service Advisory Committee (HASAC), and the Community Planning Group (CPG). The department of health AIDS program shall be guided and advised by HASAC and CPG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds.
(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 general assembly can take action.
(e) The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be comprised of no less than 50 percent of members who are living with HIV/AIDS. The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements, and eligibility for the program.
Sec. 108. Health - health improvement
Personal services 8,355,130
Operating expenses 1,155,320
Grants 9,362,086
Total 18,872,536
Source of funds
General fund 3,545,034
Special funds 733,502
Tobacco fund 3,481,423
Federal funds 11,105,577
Interdepartmental transfer 7,000
Total 18,872,536
(a) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match federal National Health Service Corps loan repayment funds, local funds, or private funds, and shall be made available to primary care providers, dentists, licensed nurses, and dental hygienists who agree to practice for a prescribed period of time in the state or at an accredited hospital within 10 miles of the Vermont border, serving a portion of the state designated as a health professional shortage population, or other rural or underserved areas. Educational scholarships, loan repayment grants, loan deferment payments, and payments of taxes due on the award may be considered for payment.
(b) The above tobacco fund appropriation in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:
(1) community-based programs - $1,023,624;
(2) media and public education - $1,007,799;
(3) tobacco cessation programs - $1,130,000; these funds may also be used to provide tobacco cessation counseling services to persons incarcerated in Vermont correctional facilities, and $80,000 shall be used to make nicotine replacement therapies available to all persons enrolled in tobacco cessation counseling;
(4) surveillance and evaluation activities - $320,000.
Sec. 109. 18 V.S.A. § 10 is amended to read:
§ 10. Educational assistance; incentives; nurses
* * *
(f) This section shall be repealed effective June 30, 2005.
Sec. 110. Health - community public health
Personal services 11,727,467
Operating expenses 1,620,114
Grants 11,782,520
Total 25,130,101
Source of funds
General fund 4,138,477
Special funds 477,110
Federal funds 20,362,014
Interdepartmental transfer 152,500
Total 25,130,101
Sec. 111. Health - alcohol and drug abuse programs
Personal services 2,391,227
Operating expenses 836,119
Grants 18,725,833
Total 21,953,179
Source of funds
General fund 5,772,374
Special funds 157,000
Tobacco fund 3,171,266
Federal funds 12,394,539
Interdepartmental transfer 458,000
Total 21,953,179
(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 has the ability to provide the quality, quantity, and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the commission of accreditation of rehabilitation facilities, the joint commission on accreditation of health care organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in this subdivision (b)(1) are satisfied.
(C) All programs shall continue to fulfill grant or contract agreements.
(2) The provisions of subdivision (1) of this subsection shall not preclude the division’s “request for bids” process.
(c) Of the above interdepartmental transfer, $130,000 shall be used to support the gambling addiction program, $90,000 of which will be used to support the existing program. Prior to expending the additional $40,000 of this allocation, the department shall develop a comprehensive gambling addiction services plan that identifies the need for services, states the goals to be achieved by the gambling addiction program, and outlines the use of these funds and future appropriations to achieve these goals. The plan shall be submitted to the general assembly by January 15, 2006.
(d) Of the funds appropriated above and in Sec. 100 of this act, $110,000 shall be used for drug court programs in Bennington, Chittenden, and Rutland counties. The sum of $35,000 is allocated for Chittenden to be used for court coordination. The sum of $25,000 is allocated for Rutland to be used for treatment, case management, court coordination, and screening services as needed. The sum of $25,000 is allocated for Bennington for court coordination, and an additional $25,000 is allocated for Bennington to be used for case management, treatment, and screening services as needed.
(e) Of the above general fund appropriation, $35,000 shall be used to increase the daily rate to $20.00 for substance abuse halfway house services, including the Grace House program.
(f) The office of alcohol and drug abuse programs shall report to the general assembly by January 15, 2006 on the fiscal status of all residential substance abuse programs supported by state appropriations. This report shall include the types of services provided, the cost of providing these services, and the sources of funds available at each of the respective residential programs.
Sec. 112. Health - mental health
Personal services 3,404,696
Operating expenses 507,616
Grants 106,674,609
Total 110,586,921
Source of funds
General fund 44,492,587
Special funds 6,945,611
Federal funds 55,125,950
Interdepartmental transfer 4,022,773
Total 110,586,921
(a) Of the above appropriation, $40,000 shall be used to maintain the Burlington downtown outreach program to develop a model program for expansion to other areas of the state.
Sec. 113. Health - Vermont state hospital
Personal services 16,580,497
Operating expenses 1,813,522
Grants 3,000
Total 18,397,019
Source of funds
General fund 2,417,915
Special funds 110,000
Federal funds 572,426
Interdepartmental transfer 15,296,678
Total 18,397,019
Sec. 113a. 13 V.S.A. § 4815(b) is amended to read:
(b)
The order for examination may provide for an examination at any jail, or
correctional center, or at the state hospital designated by the
commissioner of health for forensic examinations pursuant to chapter 177 of
Title 18, or at such other place as the court shall determine, after
hearing a recommendation by the commissioner of developmental and mental
health services.
Sec. 113b. 13 V.S.A. § 4815(g) is amended to read:
(g)(1)
Examination Inpatient examination at the state hospital or a
designated hospital. Before ordering the examination to take place
at the state hospital, the court must determine that the state hospital is the
least restrictive setting in which the examination may appropriately be
conducted The court shall not order an inpatient examination unless the
designated mental health professional determines that the defendant is a person
in need of treatment as defined in 18 V.S.A. § 7101(17).
(2) Before
ordering the inpatient examination to take place at the state
hospital, the court shall also determine what terms, if any, shall govern
the defendant’s release from custody under sections 7553-7554 of this title
once the examination has been completed.
(3) An
order for inpatient examination at the state hospital shall
provide for placement of the defendant in the custody and care of the
commissioner of developmental and mental health services for not
more than 30 days from the date of the order, and the defendant shall be
returned to court for further appearance as soon as the examination has been
completed, if ordered by the court. If a return to court is ordered, such
return shall occur within 48 hours of the commissioner’s request. The
commissioner shall have the authority to determine the most clinically
appropriate designated hospital for the examination and, based on the most
clinically appropriate determination, may transfer the defendant between designated
hospitals at any time while the order is in effect.
(4) If
a return to court is not ordered and the defendant is not in the custody of the
commissioner of corrections, the defendant shall be returned to the defendant’s
residence or such other appropriate place within the state of Vermont by the
department of developmental and mental health services at the
expense of the court.
(5) If
it appears that an inpatient examination at the state hospital
cannot reasonably be completed within 30 days, the court issuing the original
order, on request of the commissioner and upon good cause shown may order
placement at the state hospital extended for additional periods of 15
days in order to complete the examination, and the defendant on the expiration
of the period provided for in such order shall be returned in accordance with
this subsection.
(6) Persons
committed to the state hospital care and custody of the commissioner
for purposes of examination or examined elsewhere under this section shall be
given medical care and treatment in accordance with accepted standards of
medical care and practice, to the extent facilities and personnel are available
for this purpose.
Sec. 113c. SUNSET
(a) The amendments in Secs. 113a and 113b shall terminate on July 1, 2006 and 13 V.S.A. § 4815(b) and (g) shall revert to the prior statutory text.
Sec. 113d. STUDY COMMITTEE
(a) The commissioner of health shall convene a work group to address issues relating to forensic mental health patients and defendants. The work group shall consist of the commissioner or designee, the defender general or designee, the court administrator or designee, a representative from the mental health law project of Vermont legal aid, the department of sheriffs and states attorneys, the Vermont association of hospitals and health systems, a representative of the Vermont Council on Developmental and Mental Health Services, the Vermont state employees’ association, and a designee of Vermont Psychiatric Survivors. The department of health shall provide administrative support to the work group.
(b) The work group shall report to the house committee on human services and the senate committee on health and welfare no later than January 31, 2006 and shall address the following issues:
(1) transfers between hospitals, including standards, procedures, and rights of patients;
(2) determination of the least restrictive setting for the forensic evaluation;
(3) disposition of the defendant if it is determined after admission that the defendant does not meet the standards for hospitalization;
(4) legal representation of defendants and the state in hospitalization hearings; and
(5) other issues as determined by the work group.
Sec. 113e. VERMONT STATE HOSPITAL; REPLACEMENT PLAN
(a) The general assembly adopts the principles in the May 31, 2005 draft report from the department of health for restructuring the delivery of mental health services currently received in the Vermont state hospital, including the following:
(1) The current state hospital facility should be replaced with a facility or facilities with fewer than 54 beds and with meaningful programmatic integration of medical and community mental health services.
(2) As the replacement occurs, the operations and human resources in the state hospital should be supported and enhanced to ensure safety, and the clinical programming should effectively support recovery.
(3) The capacity and network of community support services should be expanded to meet patient needs in a clinically appropriate manner consistent with system values.
(b) When the general assembly is not in session, the department of health shall seek and receive approval from the mental health oversight committee on specific programmatic recommendations, plans, or implementation steps to achieve the principles in the May 31, 2005 draft report prior to implementation. The mental health oversight committee shall approve or deny the recommendations and steps within two weeks of submission and shall oversee the implementation of the restructuring of the delivery of mental health services currently received in the Vermont state hospital.
(c) The commissioner of health shall report to the mental health oversight committee upon request in order to meet the requirements of this section.
Sec. 114. HUMAN SERVICES CASELOAD RESERVE TRANSFER/LOAN
(a) From the human services caseload reserve, $1,300,000 shall be transferred to the general fund to offset caseload and transition expenditures for services at the Vermont state hospital. The secretary of administration and the secretary of human services shall ensure that these funds are repaid to the caseload reserve on or before July 1, 2008.
Sec. 115. Health - medical practice board
Personal services 669,764
Operating expenses 130,309
Total 800,073
Source of funds
Special funds 800,073
Sec. 116. Department for children and families - administration & support services
Personal services 26,563,475
Operating expenses 5,025,540
Grants 1,414,675
Total 33,003,690
Source of funds
General fund 13,926,443
Special funds 1,401,422
Federal funds 17,675,825
Total 33,003,690
Sec. 117. Department for children and families - office of child support
Personal services 8,220,005
Operating expenses 2,797,032
Total 11,017,037
Source of funds
General fund 1,550,424
Special funds 638,014
Federal funds 8,721,499
Interdepartmental transfer 107,100
Total 11,017,037
(a) Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for individual insurance or a health benefit plan premium is five percent (5%) or less of the parent’s gross income. The court, in its discretion, retains the right to order a parent to obtain health insurance coverage even if the cost exceeds five percent (5%) of the parent’s gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to 15 V.S.A. § 659.
Sec. 118. Department for children and families - child development
Personal services 2,412,885
Operating expenses 468,401
Grants 45,178,245
Total 48,059,531
Source of funds
General fund 19,269,419
Transportation fund 60,732
Special funds 1,230,722
Federal funds 27,272,906
Interdepartmental transfer 225,752
Total 48,059,531
(a) Of the above appropriation, $50,000 shall be granted to the Vermont center for the book.
(b) The department for children and families in conjunction with the department of education shall track and report quarterly expenses and receipts for the family infant toddler program.
(1) The first report shall include final expenses and receipts by source for fiscal year 2005 (through June 30, 2005) which shall be broken out by quarter and include enrollment data.
(2) For fiscal year 2006, the quarterly reports shall include:
(A) the number of enrolled children;
(B) expenses; and
(C) receipts by source, including federal part C dollars, Medicaid receipts, state general funds, and any other sources of funding.
(3) The department for children and families shall submit these reports to the house and senate committees on appropriations, senate committee on health and welfare, and house committee on human services or to the joint health access oversight committee when the general assembly is not in session.
(c) Of the above appropriation, $290,000 shall be used to increase the subsidy rate and $30,000 shall be used for incentives to increase child care quality.
Sec. 119. Department for children and families - family services
Personal services 18,261,673
Operating expenses 2,870,402
Grants 62,032,908
Total 83,164,983
Source of funds
General fund 38,442,431
Special funds 1,306,152
Tobacco fund 75,000
Federal funds 43,341,400
Total 83,164,983
(a) Of the above general fund appropriation, $70,000 shall be used for a grant to the prevent child abuse Vermont program.
Sec. 120. Department for children and families - Woodside rehabilitation center
Personal services 2,361,201
Operating expenses 432,306
Total 2,793,507
Source of funds
General fund 2,738,615
Interdepartmental transfer 54,892
Total 2,793,507
(a) Of the above appropriation, $5,000 shall be used to maintain the arts program.
(b) The director of the Woodside rehabilitation center shall work with the commissioner of finance and management and the executive director of the state’s attorneys and sheriffs to identify if utilization of the sheriff’s office for transportation services could result in saved overtime costs at the center.
Sec. 121. Department for children and families - disability determination services
Personal services 3,337,193
Operating expenses 495,020
Total 3,832,213
Source of funds
Federal funds 3,587,068
Interdepartmental transfer 245,145
Total 3,832,213
Sec. 122. Department for children and families - aid to aged, blind and disabled
Personal services 1,365,966
Grants 9,336,901
Total 10,702,867
Source of funds
General fund 10,702,867
Sec. 123. Department for children and families - general assistance
Grants 4,326,260
Source of funds
General fund 3,214,939
Special funds 1
Federal funds 1,111,320
Total 4,326,260
(a) Of the above appropriation, $527,000 in federal TANF funds is allocated specifically for rental or mortgage arrearage assistance to families who demonstrate they are faced with a reasonably preventable loss of housing and who meet state requirements for category I assistance, as established by regulation. 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 ($75,000 federal TANF funds and $75,000 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. 124. Department for children and families - reach up
Grants 43,217,279
Source of funds
General fund 14,290,063
Special funds 2,200,000
Federal funds 26,727,216
Total 43,217,279
(a) If the governor’s fiscal year 2007 proposed budget includes a ratable reduction for reach up benefits that is below 50 percent, the department for children and families shall report to the house and senate committees on appropriations the cost of achieving a 50 percent ratable reduction.
(b) Of the above appropriation, up to $55,810 is to be used for the Lund family center’s learning edge program to serve women who are pregnant and/or reach up eligible.
Sec. 125. Department for children and families - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 10,146,117
Total 10,256,117
Source of funds
Special funds 10,256,117
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours’ crisis coverage.
Sec. 126. 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 2006, and all unexpended LIHEAP funds granted to the state in fiscal year 2005, 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, 2005, and program administration, the commissioner of finance and management shall transfer $2,550,000 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available. An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received. Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2005-2006 crisis set-aside and seasonal home heating fuel assistance through December 31, 2005, and LIHEAP funds awarded as of December 31, 2005 for fiscal year 2006 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2006. 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, 2005, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.
Sec. 127. Department for children and families - food stamp cash out
Grants 6,141,229
Source of funds
Federal funds 6,141,229
Sec. 128. TANF EXEMPTION
(a) The commissioner may exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2006.
Sec. 129. Department for children and families - office of economic opportunity
Personal services 261,733
Operating expenses 89,517
Grants 5,035,390
Total 5,386,640
Source of funds
General fund 890,147
Special funds 80,012
Federal funds 4,165,408
Interdepartmental transfer 251,073
Total 5,386,640
(a) Of the above general fund appropriation, $485,000 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.
(b) Of the above general fund appropriation, $25,000 shall be granted to the Vermont campaign to end childhood hunger for food stamp outreach.
Sec. 130. Department for children and families - OEO - weatherization assistance
Personal services 150,478
Operating expenses 39,950
Grants 7,079,010
Total 7,269,438
Source of funds
Special funds 5,991,517
Federal funds 1,277,921
Total 7,269,438
(a) Of the above special fund appropriation, $400,000 is for the replacement and repair of home heating equipment.
Sec. 131. [Deleted]
Sec. 132. Aging and independent living - administration and support
Personal services 20,691,990
Operating expenses 3,450,004
Total 24,141,994
Source of funds
General fund 8,005,169
Special funds 823,719
Federal funds 14,045,169
Interdepartmental transfer 1,267,937
Total 24,141,994
(a) Notwithstanding Sec. 288(a)(8) of No. 122 of the Acts of 2004, the department of aging and independent living may use $400,000 of the funds appropriated in Sec. 288(a)(8) of No. 122 of the Acts of 2004 to address fiscal year 2005 long-term care waiver funding needs. The remaining $600,000 shall be used for community-based service infrastructure needs, including up to $70,000 for data system updates needed to implement the waiver.
Sec. 133. Aging and independent living - advocacy and independent living
Grants 20,577,895
Source of funds
General fund 9,162,065
Transportation fund 422,692
Special funds 851,981
Federal funds 10,064,157
Interdepartmental transfer 77,000
Total 20,577,895
Sec. 134. Aging and independent living - blind and visually impaired
Grants 1,359,000
Source of funds
General fund 564,064
Special funds 145,000
Federal funds 649,936
Total 1,359,000
Sec. 135. 21 V.S.A. § 504 is amended to read:
§ 504. Income from vending facilities and machines
(a) All net income from a vending facility on state property shall accrue to the blind or visually impaired person licensed to operate that facility.
(b) All net income from vending machines not placed within vending facilities on state property shall accrue to the division.
(c) Income which accrues to the division under this subchapter shall be used to:
(1) maintain or enhance the vending facilities
program; and
(2) provide benefit programs, including, but not limited to, health insurance or pension plans for licensed blind or visually impaired persons who operate vending facilities;
(3) provide vocational rehabilitation services for persons who are blind or visually impaired.
Sec. 136. Aging and independent living - vocational rehabilitation
Grants 5,402,643
Source of funds
General fund 1,599,195
Special funds 40,000
Federal funds 3,564,061
Interdepartmental transfer 199,387
Total 5,402,643
Sec. 137. Aging and independent living - TBI home- and community‑based waiver
Grants 2,749,010
Source of funds
General fund 1,129,843
Federal funds 1,619,167
Total 2,749,010
Sec. 138. Aging and independent living - developmental services
Grants 103,600,138
Source of funds
General fund 41,434,699
Special funds 841,980
Federal funds 60,262,628
Interdepartmental transfer 1,060,831
Total 103,600,138
(a) The secretary of the agency of human services and the commissioner of the department of aging and independent living shall ensure the programs funded through this appropriation meet the following requirements:
(1) A minimum of 219 individuals under emergency caseload and a minimum of 23 individuals under public safety shall be funded.
(2) A minimum of 65 new “June graduates” shall be served.
(3) The funding level available to the flexible family funding program shall be at least equal to the amount available to this program in fiscal year 2005, which was $1,086,890, including any federal match. If federal receipts are gained through the Global Commitment, eligibility for flexible family funding will require eligibility for Medicaid; the department may make exceptions to this on a case-by-case basis. The anticipated waiting list for developmental services will be 31 or fewer, depending on the number of graduates who exit school.
(b) The commissioner of finance and management, the secretary of human services, and the commissioner of aging and independent living shall report to the joint fiscal committee at its September and November meetings as to the fiscal and program implications of meeting the requirements of subsection (a) of this section. The report shall include a review of the fiscal year 2006 inflationary increase available to the designated provider agencies for developmental services and the impact on any other division or department with the agency.
(c) The department of aging and independent living shall report quarterly applications and enrollments for developmental services, tracking the fiscal implications of the requirements of subsection (a) of this section, compliance in doing so, and remaining need. In particular, these reports will include:
(1) The number of new individuals entering the developmental services system in 2006, the types of services needed, and the cost per person.
(2) The expected annualization in fiscal year 2007, based upon services provided to date.
(3) The number of individuals on the waiting list for flexible family funding.
(4) The number of individuals who have requested and meet the basic requirements to qualify for services under the “Vermont state system of care plan for developmental services,” who have been denied services due to funding constraints (June graduates and others).
(5) The department of aging and independent living shall submit these reports to the house and senate committees on appropriations, senate committee on health and welfare, and house committee on human services or to the joint health access oversight committee when the general assembly is not in session.
Sec. 139. Corrections - administration
Personal services 2,109,825
Operating expenses 322,087
Total 2,431,912
Source of funds
General fund 2,270,042
Federal funds 65,000
Interdepartmental transfer 96,870
Total 2,431,912
(a) The department of corrections shall report to the joint corrections oversight committee at each of its meetings on the status of the health services contract. The report shall include expenditures made year-to-date and the department’s assessment of the quality of the services provided by the contractor.
(b) The commissioner of the department of corrections shall research the viability of developing community mapping technologies in Vermont. The research shall include reviewing the system developed for Connecticut by the Council of State Governments. The commissioner shall report to the general assembly by January 15, 2006 on the cost, applicability to Vermont, and potential efficiency of assigning community supervision resources as well as other community-based human services resources based on a community resource mapping system.
Sec. 140. Corrections - parole board
Personal services 232,722
Operating expenses 65,555
Total 298,277
Source of funds
General fund 298,277
Sec. 141. Corrections - correctional education
Personal services 3,164,224
Operating expenses 343,662
Total 3,507,886
Source of funds
General fund 3,110,736
Interdepartmental transfer 397,150
Total 3,507,886
(a) The general assembly finds that the state of Vermont funding level for special education services in the department of corrections meets special education requirements. Vermont will add additional resources to corrections special education pursuant to the federal government funding special education at the level required by federal law.
Sec. 142. Corrections - correctional services
Personal services 68,370,252
Operating expenses 30,657,454
Grants 2,054,500
Total 101,082,206
Source of funds
General fund 97,380,792
Transportation fund 1,153,658
Special funds 549,500
Tobacco fund 87,500
Federal funds 1,829,710
Interdepartmental transfer 81,046
Total 101,082,206
(a) Of the above general fund appropriation, $87,000 shall be used as a grant to Dismas House of Vermont, Inc.
(b) Of the above appropriation for transitional housing, the amount of $35,000 shall be granted to Morningside House, Inc. which serves homeless citizens in southern Vermont. The funds shall support a pilot project between the department and Morningside House, Inc. jointly to develop and implement a plan to house between three and five offenders referred by the department to the shelter.
(c) Of the above appropriation, $20,000 shall be used for an employment placement and retention program expansion in Bennington County for individuals reentering the community under the supervision of the department.
(d) The establishment of seven (7) new classified community supervision and support positions – four (4) caseworkers, two (2) community corrections officers, and one (1) administrative position – is authorized as of October 1, 2005, contingent upon the out-of-state bed census being, on average, at or below 400 during the months of May, June, and July, excluding the impact of the renovations at the St. Albans correctional facility. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government. Of the above appropriation, $318,750 shall be used to support these new positions.
(e) All other funds associated with a reduction of 45 out-of-state beds from the total included in the submitted budget in this appropriation shall be used for correctional services needs as directed by the commissioner of corrections which may include hiring up to four (4) mental health counselors.
Sec. 142a. INTENT FOR FUNDS FROM ADDITIONAL OUT-OF-STATE
BED SAVINGS
(a) To the extent the number of out-of-state beds funded in Sec. 142 of this act falls from the budgeted level of 399, the savings of allocated funds associated with the first 50 out-of-state bed reduction shall be used first to fund five (5) new community supervision positions: three (3) caseworkers and two (2) community corrections officers, and the remaining funds shall be used for corrections services.
(b) For every additional increment of 50 beds that the out-of-state bed need is reduced, the savings associated with the reduction shall be used equally to fund additional community supports or supervision and other correctional services needs which may include hiring up to four (4) mental health counselors if they were not hired pursuant to Sec. 142(e) of this act.
Sec. 143. DEPARTMENT OF CORRECTIONS; OVERCROWDING
(a) It is the intent of the general assembly that the department of corrections should not operate any of the state correctional facilities at a level that exceeds the rated capacity of the facility.
(b) The commissioner of corrections shall determine the rated capacity of each correctional facility to include only bed space designated for the general population and shall not include bed space used for segregation, isolation, or medical or mental health treatment, or high security bed space used for disciplinary or administrative purposes.
(c) When the population housed in any facility exceeds the rated capacity of that facility, the commissioner of corrections may transfer appropriate offenders to another facility, including contracted facilities in another state; provided, however, that the commissioner shall strive to minimize transfers in order to avoid disruption of inmate programming.
(d) It is also the intent of the general assembly that if the total population housed in Vermont exceeds the rated capacity of the Vermont facilities, this excess shall be limited to 50 beds, and that these 50 beds shall be proportionately distributed throughout the Vermont facilities.
(e) On a quarterly basis, the commissioner shall report to the joint legislative corrections oversight committee setting forth the number of inmates housed in each correctional facility for the previous three‑month period and providing detailed information of the dates and length of time any facility exceeded 105 percent of its rated capacity.
Sec. 143a. STUDY; WOMEN OFFENDERS; SUBSTANCE ABUSE
(a) There is created a committee to explore recommendations relating to women offenders contained in the August 19, 2004 report of the governor’s commission on corrections overcrowding. The committee’s work shall include consideration of community-based alternatives to incarceration for women offenders and options for treating nonviolent women who are incarcerated primarily for substance-abuse-related reasons. After reviewing and evaluating successful models in other states, the committee shall develop a proposal for one or more pilot programs addressing the needs of women offenders.
(b) On or before January 15, 2006, the committee shall report to the senate committee on health and welfare, the house committee on human services, and the house and senate committees on appropriations, institutions, and judiciary regarding its research and recommendations under this section, including associated costs and the anticipated nonstate sources of funding for the proposed pilot program or programs.
(c) Members of the committee shall include:
(1) The commissioner of corrections, or the commissioner’s designee.
(2) The defender general or the defender general’s designee.
(3) The adult community mental health program director, division of mental health, department of health, agency of human services, or the director’s designee.
(4) The deputy commissioner for the division of alcohol and drug abuse programs, department of health, agency of human services, or the deputy commissioner’s designee.
(5) The administrative judge for trial courts or the judge’s designee.
(6) The coordinator of offender services for the Howard Center for Human Services at the Chittenden County drug court or the coordinator’s designee.
(7) A substance abuse provider offering services to women at the Dale correctional facility, to be selected by the commissioner of corrections.
(8) The coordinator of the community justice center in Burlington or the coordinator’s designee.
(9) One additional member may be selected by the committee based upon experience working with women offenders, women with substance abuse issues, or other women in crisis. One additional member who represents female former offenders may be selected by the commissioner of corrections.
Sec. 144. Corrections - correctional facilities- recreation
Personal services 518,212
Operating expenses 473,986
Total 992,198
Source of funds
Special funds 992,198
(a) The department shall study and implement either a prepaid phone card system for inmates’ telephone service or another system that reduces inmates’ telephone costs during fiscal year 2007. The department shall report to the general assembly on the fiscal impact of this change on the inmate recreation fund.
Sec. 145. 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 for costs associated with the oversight and accounting of inmate cash accounts. 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. 146. Corrections - Vermont offender work program
Personal services 1,391,272
Operating expenses 1,731,740
Total 3,123,012
Source of funds
Internal service funds 3,123,012
Sec. 147. Department for children and families - children’s trust fund
Grant 340,891
Source of funds
General fund 100,651
Special funds 70,000
Federal funds 170,240
Total 340,891
(a) Of the above amount, at least 65 percent will be awarded for community-based program activities for the broad range of child abuse and neglect prevention activities.
Sec. 147a. Sec. 159 of No. 122 of the Acts of 2004 is amended to read:
Sec. 159. Children’s trust fund Department
for children and families - children’s trust fund
Grant 310,651
Source of funds
General fund 100,651
Special funds 70,000
Federal funds 140,000
Total 310,651
* * *
Sec. 148. Commission on women
Personal services 194,319
Operating expenses 61,102
Total 255,421
Source of funds
General fund 250,421
Special funds 5,000
Total 255,421
Sec. 149. Retired senior volunteer program
Grants 131,096
Source of funds
General fund 131,096
Sec. 150. Vermont veterans’ home - care and support services
Personal services 12,833,472
Operating expenses 3,128,718
Total 15,962,190
Source of funds
General fund 912,495
Special funds 10,239,126
Federal funds 4,810,569
Total 15,962,190
(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 health access trust fund for purposes of facilitating a Medicaid rate adjustment.
(b) Notwithstanding 32 V.S.A. § 706(a)(1), the Vermont veterans’ home may transfer to the agency of human services’ secretary’s office, with the approval of the secretary of administration, funds to cover the costs of the contract for an interim administrator of the veterans’ home.
Sec. 150a. VERMONT VETERANS’ HOME; REGIONAL BED CAPACITY
(a) The agency of human services shall not include the bed count at the Vermont veterans’ home when recommending and implementing policies that are based on or intended to impact regional nursing home bed capacity in the state.
Sec. 151. Total human services 1,502,442,843
Source of funds
General fund 421,074,741
Transportation fund 1,637,082
Special funds 305,954,266
Tobacco fund 25,441,034
Federal funds 718,911,145
Permanent trust funds 10,000
Internal service funds 3,123,012
Interdepartmental transfer 26,291,563
Total 1,502,442,843
Sec. 152. Employment and training
Personal services 18,317,440
Operating expenses 4,568,929
Grants 1,615,210
Total 24,501,579
Source of funds
General fund 1,395,248
Special funds 866,000
Federal funds 19,472,969
Interdepartmental transfer 2,767,362
Total 24,501,579
Sec. 153. Total employment and training 24,501,579
Source of funds
General fund 1,395,248
Special funds 866,000
Federal funds 19,472,969
Interdepartmental transfer 2,767,362
Total 24,501,579
Sec. 154. Education - finance and administration
Personal services 4,533,633
Operating expenses 1,377,940
Grants 10,620,000
Total 16,531,573
Source of funds
General fund 3,166,006
Special funds 63,697
Federal funds 1,968,752
Interdepartmental transfer 11,333,118
Total 16,531,573
(a) Notwithstanding 16 V.S.A. §§ 563(21) and 3448(a)(5)(E), of the above appropriation, up to $17,000 is available for a grant to Bradford school district to make up for delays in making a final school construction payment after completion of the final audit in fiscal year 2006.
Sec. 154a. Sec. 166 of No. 122 of the Acts of 2004, as amended by Sec. 52 of No. 6 of the Acts of 2005, is further amended to read:
Sec. 166. Education – finance and administration
Personal services 4,029,861 4,029,861
Operating expenses 1,273,159 1,273,159
Grants
11,216,066 11,816,066
Total
16,519,086 17,119,086
Source of funds
General fund 3,045,720 3,045,720
Special funds 20,088 20,088
Federal funds 2,213,164 2,213,164
Interdepartmental
transfer 11,240,114 11,840,114
Total
16,519,086 17,119,086
Sec. 155. Education - education programs
Personal services 12,107,019
Operating expenses 1,981,112
Grants 108,322,608
Total 122,410,739
Source of funds
General fund 7,132,600
Transportation fund 524,846
Special funds 1,139,188
Federal funds 112,461,461
Interdepartmental transfer 1,152,644
Total 122,410,739
Sec. 156. Education - technical education
Grants 9,836,396
Source of funds
Education fund 9,836,396
(a) The appropriation in this section shall be authorized, notwithstanding 16 V.S.A § 1564.
Sec. 157. Education - special education: formula grants
Grants 116,120,000
Source of funds
Education fund 116,120,000
(a) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $3,001,131 shall be used by the department of education in fiscal year 2006 as funding for 16 V.S.A. § 2967(b)(2)-(6). In addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $153,720 may be used by the department of education for its participation in the higher education partnership plan.
Sec. 158. Education - state-placed students
Grants 12,500,000
Source of funds
Education fund 12,500,000
(a) The Independence Place program of the Lund family center shall be considered a 24-hour residential program for the purposes of reimbursement of education costs.
Sec. 159. Education - adult education and literacy
Grants 3,951,017
Source of funds
General fund 2,717,398
Federal funds 983,619
Education fund 250,000
Total 3,951,017
Sec. 160. HIGH SCHOOL COMPLETION; ADVISORY COMMITTEE;
ADULT EDUCATION AND LITERACY; REPORT
(a) A high school completion advisory committee is hereby created. The committee shall consist of a representative chosen by the speaker, a senator chosen by the committee on committees, a representative of Vermont adult learning chosen by the board of directors of Vermont Learning, Inc., a representative of the Vermont school boards association chosen by the association’s board of directors, a principal chosen by the Vermont principals’ association, a superintendent chosen by the Vermont superintendents association, and the commissioner of education or designee. The legislative council and joint fiscal office shall provide staff services to the committee. Members shall be entitled to per diem compensation and expenses. The legislative members shall be responsible for convening the committee.
(b) The committee shall develop a recommended mechanism and procedure by which funding for high school completion programs carried out by the adult education and literacy systems, as described in 16 V.S.A. § 4011(f)(2), shall be paid to school districts or supervisory unions, or both.
(c) The committee shall develop recommendations regarding:
(1) allocation of payments between local school districts and supervisory unions and the statewide adult education and literacy system when programs are provided through contracts with qualified adult education and literacy service providers;
(2) methods to ensure that programs are administered in a manner that promotes consistency with statewide standards and procedures;
(3) the relationship between a high school diploma and the general equivalency degree that is provided through an adult education and literacy program;
(4) mechanisms to ensure coordination between adult education and literacy programs and state requirements for individual education plans;
(5) implementation of funding through school districts and supervisory unions in a manner that maximizes the efficient use of existing services for adult education and literacy programs;
(6) methods by which school districts and supervisory unions can work with statewide adult education and literacy systems to improve services for students at risk of dropping out of school; and
(7) whether funding for adult education and literacy activities should be paid through the current funding mechanism established in 16 V.S.A. § 4011(f)(2) or through a categorical grant program.
(d) On or before January 15, 2006, the committee shall submit its recommendations to the senate and house committees on education and appropriations.
Sec. 161. EDUCATION - ADULT EDUCATION AND LITERACY
(a) It is the intent of the general assembly to appropriate funds for adult education and literacy programs from the education fund, notwithstanding the provisions of 16 V.S.A. § 4025(d) as it was the intent of the general assembly to do this in Sec. 173 of No. 122 of the Acts of the 2003. Neither this appropriation nor the appropriation from Sec. 173 of No. 122 repeals the education property tax.
(b) It is further the intent of the general assembly to study the results of the report received pursuant to Sec. 160 of this act and, during the 2006 legislative session, to make a determination regarding how to fund adult education and literacy services for those students described in 16 V.S.A. § 4011(f)(2) in fiscal year 2007 and each year thereafter.
Sec. 162. Education - adjusted education payment
Grants 966,000,000
Source of funds
Education fund 966,000,000
Sec. 162a. Sec. 176 of No. 122 of the Acts of 2004, as amended by Sec. 55 of No. 6 of the Acts of 2005, is further amended to read:
Sec. 176. Education – adjusted education payment
Grants
910,801,994 910,971,994
Source of funds
Education
fund 910,801,994 910,971,994
Sec. 162b. EARLY CHILDHOOD EDUCATION SERVICES
(a) School districts may offer early childhood education services through direct provision of services, collaborative programs, or direct contracting with other public or private providers, or any combination of these, and a school district may obtain funding for these services by counting resident early education pupils in its full-time equivalent enrollment pursuant to Vermont State Board of Education Rule 9200.4, as in effect on June 1, 2005. School districts are encouraged to collaborate or contract with existing public and qualified private early education service providers.
Sec. 163. Education - essential early education grant
Grants 4,379,337
Source of funds
Education fund 4,379,337
Sec. 164. Education - transportation
Grants 13,496,399
Source of funds
Education fund 13,496,399
Sec. 165. Education - small school grants
Grants 5,250,000
Source of funds
Education fund 5,250,000
Sec. 165a. Sec. 179 of No. 122 of the Acts of 2004, as amended by Sec. 56 of No. 6 of the Acts of 2005, is further amended to read:
Sec. 179. Education – small school grants
Grants
5,080,383 5,213,383
Source of funds
Education
fund 5,080,383 5,213,383
Sec. 166. Education - capital debt service aid
Grants 450,355
Source of funds
Education fund 450,355
Sec. 167. Education - tobacco litigation
Personal services 116,151
Operating expenses 25,073
Grants 842,783
Total 984,007
Source of funds
Tobacco fund 984,007
Sec. 168. Education - Act 117 cost containment
Personal services 969,605
Operating expenses 104,571
Grants 65,000
Total 1,139,176
Source of funds
Interdepartmental transfer 1,139,176
(a) Notwithstanding any other provisions of law, expenditures made from this section shall be counted under 16 V.S.A. § 2967(b) as part of the state’s 60 percent of the statewide total special education expenditures of funds which are not derived from federal sources.
Sec. 168a. COUNCIL ON EDUCATION GOVERNANCE;
APPROPRIATION
(a) In Sec. 71 of No. 68 of the Acts of 2003, the general assembly created a Council on Education Governance to develop and implement a process for engaging a broad spectrum of Vermonters in a discussion of effective governance structures for delivery of public education with consideration of the need to address rising costs while maintaining Vermont’s high quality education system. The Council obtained funding from a private foundation and, in 2004, awarded $71,000 in small grants to education communities of Vermont school districts and supervisory unions to help them engage in discussions about reorganization for better service delivery at a lower cost. In their grant applications, several communities requested a workshop on policy governance, so the Council used an additional $7,500 to run one statewide workshop for all who wished to attend. All of these communities have made progress toward productive reorganization and most need another round of small grants to continue and complete their work.
(b) Therefore, notwithstanding 16 V.S.A. § 4025(b), the amount of $75,000 is appropriated from the education fund to the commissioner of education for the purpose of enabling the department of education to continue working with the Council on Education Governance to award grants to education communities, and to document the processes, successes, and lessons to be learned from the work of these communities.
(c) The commissioner of education shall, at the direction of the Council on Education Governance, issue a request for proposals, choose grant recipients, determine the amounts to be awarded to each recipient, and monitor the progress of each grant recipient for fiscal year 2006. The Council shall report to the general assembly each January on its progress and any recommendations for legislative change.
Sec. 169. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL
FUND - DEPOSIT
(a) In addition to deposits into the Medicaid reimbursement administrative special fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2006, $1,139,176 of federal Medicaid receipts received for reimbursement of medically related services provided to students who are Medicaid‑eligible shall be deposited into the administrative special fund.
Sec. 170. FUND APPROPRIATION AND TRANSFER
(a) There is appropriated the amount of $259,300,000 in fiscal year 2006 from the general fund for transfer to the education fund.
Sec. 171. State teachers’ retirement system
Personal services 17,061,408
Operating expenses 842,461
Grants 24,446,282
Total 42,350,151
Source of funds
General fund 24,446,282
Pension trust fund 17,903,869
Total 42,350,151
(a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of the annual contribution to the Vermont state teachers’ retirement system shall be $24,446,282 in fiscal year 2006.
Sec. 172. TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a) The amount of $3,210,000 in education funds is appropriated in fiscal year 2006 to implement the provisions of 32 V.S.A. §§ 4041a(a), relating to payments to municipalities for reappraisal costs, and 5405(f), relating to payments of $1.00 per grand list parcel.
(b) The towns currently engaged in litigation with the Washington electric cooperative regarding grand list appeals of the assessment of utility property may submit to the attorney general legal expenditures made by those towns as a result of this litigation, as those values were established by reference to information from the department of taxes, division of property valuation and review. The attorney general shall review the submitted bills and, if reasonable, approve reimbursement. As the litigation may have a substantial impact on the education grand list, $25,000 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. 173. Tax department - property tax assistance
Grants 118,966,276
Source of funds
General fund 7,988,056
Transportation fund 2,378,220
Education fund 108,600,000
Total 118,966,276
Sec. 173a. Sec. 187 of No. 122 of the Acts of 2004, as amended by Sec. 58 of No. 6 of the Acts of 2005, is further amended to read:
Sec. 187. Tax department – property tax assistance
Grants
98,811,600 104,511,600
Source of funds
General
fund 5,280,000 8,680,000
Transportation fund 3,520,000 3,520,000
Education
fund 90,011,600 92,311,600
Total
98,811,600 104,511,600
Sec. 174. Total general education and property tax assistance
1,696,950,426
Source of funds
General fund 304,750,342
Transportation fund 2,903,066
Education fund 1,240,167,487
Special funds 1,202,885
Tobacco fund 984,007
Federal funds 115,413,832
Pension trust fund 17,903,869
Interdepartmental transfer 13,624,938
Total 1,696,950,426
Sec. 175. University of Vermont
Grants 39,271,166
Source of funds
General fund 39,271,166
(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, $367,965 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. 176. University of Vermont - Morgan horse farm
Grants 5,000
Source of funds
General fund 5,000
Sec. 177. Vermont public television
Grants 573,832
Source of funds
General fund 573,832
Sec. 178. Vermont state colleges
Grants 22,532,878
Source of funds
General fund 22,532,878
(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 shall be reserved for use as the state’s fiscal year 2006 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 2006 appropriation will be the last of five annual appropriations, totaling $500,000. 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, $414,950 shall be transferred to the Vermont manufacturing extension center for the purpose of complying with the state matching fund requirements necessary for the receipt of available federal or private funds, or both.
(d) The balance held by the treasurer in the Vermont state college bond fund (#21010) in the principal amount of $723,850 shall be transferred to the Vermont state colleges for the purposes of a reserve for future debt service.
Sec. 178a. VERMONT STATE COLLEGES; COLLECTIVE BARGAINING
AGREEMENT
(a) With the exception of the early retirement provisions referenced in the decision of the Vermont labor relations board, 28 VLRB 28, the last best offer of the administration of the Vermont state colleges, as recommended by the VLRB to the general assembly, is approved, pursuant to the provisions of 3 V.S.A. § 925(i), and it shall be the collective bargaining agreement between the Vermont state colleges and the Vermont state colleges faculty federation, AFT Local #3180. The early retirement provisions shall be determined in accordance with subsection (b) of this section.
(b) The parties to the collective bargaining agreement are directed to re‑commence negotiation of provisions regarding the early retirement program and if agreement is not reached and ratified by September 30, 2005, then the provisions shall be submitted for final and binding resolution to a neutral arbitrator selected in accordance with the procedures of and through the American Arbitration Association. Until such time as any new early retirement provisions are determined pursuant to this subsection, provisions of the current early retirement program shall continue in effect.
(c) 3 V.S.A. § 925(i) is amended to read:
(i)
If the dispute remains unresolved 15 days after transmittal of findings and
recommendations, each party shall submit as a single package its last best offer
on all disputed issues to the board. Each party’s last best offer shall be
certified as such to the board by the fact-finding panel. The board may hold
hearings as it deems appropriate. Within 30 days of the certifications it
shall select between the last best offers of the parties, considered in their
entirety without amendment. In the case of the state of Vermont or
the Vermont state colleges the
board shall recommend its choice to the general assembly as the bargaining
agreement which shall become effective subject to appropriations by the general
assembly. The board shall determine the cost of the package selected and
request the appropriation necessary to fund the recommendation. In the case of
the University of Vermont or
the Vermont State Colleges, the
decision of the board shall be final and binding on each party. Nothing herein
precludes the general assembly from enacting laws amending provisions of any
collective bargaining agreement involving the state of Vermont or
the Vermont state colleges arrived
at under this section.
(d) Subsections (a) and (b) of this section shall be effective on passage. Subsection (c) of this section shall take effect July 1, 2005. The provisions of subsection (c), amending 3 V.S.A. § 925(i), shall not affect the contract negotiations referenced in subsection (a) which shall be final and binding under the procedures of subsection (b).
Sec. 179. Vermont state colleges - allied health
Grants 993,527
Source of funds
General fund 993,527
Sec. 180. Vermont interactive television
Grants 815,331
Source of funds
General fund 815,331
Sec. 181. Vermont student assistance corporation
Grants 17,771,050
Source of funds
General fund 17,771,050
(a) Of the above appropriation, $25,000 shall be deposited into the trust fund established in 16 V.S.A. § 2845.
(b) Except as provided in subsection (a) of this section, not less than 100 percent of grants shall be used for direct student aid.
(c) The balance held by the treasurer in fund #21385, approximately $62,552, from the amount appropriated in No. 38 of the Acts of 1964 and from such other amounts as may have been appropriated, earned, or otherwise deposited in that account from time to time and not previously expended for student loan default guaranty purposes, is hereby transferred to the trust fund established by 16 V.S.A. § 2845 and held therein and administered by the Vermont student assistance corporation to provide grants for students with remaining financial needs and who are or have been under the custody of the commissioner of the department for children and families, all in accordance with the provisions of section 2845.
Sec. 182. New England higher education compact
Grants 80,000
Source of funds
General fund 80,000
Sec. 183. Total higher education and other 82,042,784
Source of funds
General fund 82,042,784
Sec. 184. Natural resources - agency of natural resources - administration
Personal services 4,138,173
Operating expenses 1,651,001
Grants 90,180
Total 5,879,354
Source of funds
General fund 4,324,943
Special funds 1,042,150
Federal funds 338,355
Interdepartmental transfer 173,906
Total 5,879,354
(a) The amount of $400,000 is appropriated from the solid waste management assistance fund to the brownfields revitalization fund in the agency of commerce and community development. These funds are hereby appropriated to match federal funds available through the Environmental Protection Agency for brownfields redevelopment purposes and for grants to specific projects subject to 10 V.S.A. § 6615a(l)(5) and (6).
Sec. 184a. 10 V.S.A. § 6615a(l)(5) and (6) are amended to read:
(5) Grants. Grants may be issued by the secretary of commerce and community development, with the approval of the secretary of natural resources, as follows:
(A) The secretary of commerce and community
development They may award an applicant a grant not to exceed
$50,000.00 for the characterization and assessment of a site.
(B) The secretary of commerce and community
development They may award an applicant a grant not to exceed
$200,000.00 for the remediation of a site.
(C) The secretary of commerce and community
development They may make a grant to assist an applicant in
purchasing environmental insurance relating to the performance of the
characterization, assessment or remediation of a brownfields site in accordance
with a corrective action plan approved by the secretary of natural resources.
(D) The secretary of commerce and community
development They may use a portion of the brownfields revitalization
fund to develop a risk-sharing pool, an indemnity pool, or an insurance
mechanism to provide financial assistance to applicants.
(E) All reports generated with the assistance of
grants awarded under the brownfields revitalization fund, including site
assessments, site investigations, feasibility studies, corrective action plans,
and completion reports, shall be provided to the secretary secretaries
in hard copy and in electronic form.
(6) Loans.
(A) For the purpose of this chapter, “VEDA” means the
Vermont economic development authority, which is authorized to make loans on
behalf of the state under this section after the secretary of commerce and
community development, in consultation with the approval of the
secretary of natural resources, has first determined an applicant eligible to
apply to VEDA for a loan. These loans shall be issued and administered by
VEDA, pursuant to this chapter, and VEDA’s enabling authority, pursuant to
chapter 12 of this title. The secretary of commerce and community development,
in consultation with the approval of the secretary of natural
resources and in consultation with the VEDA manager, shall annually
determine the amount of the brownfields revitalization fund available to VEDA
for loans under this section.
* * *
Sec. 185. Connecticut River watershed advisory commission
Grants 38,000
Source of funds
General fund 22,500
Federal funds 15,500
Total 38,000
Sec. 186. Citizens’ advisory committee on Lake Champlain’s future
Personal services 3,800
Operating expenses 3,700
Total 7,500
Source of funds
General fund 7,500
Sec. 187. Natural resources - state land local property tax assessment
Operating expenses 1,449,000
Source of funds
General fund 974,684
Transportation fund 212,816
Interdepartmental transfer 261,500
Total 1,449,000
Sec. 188. Green up
Grants 17,196
Source of funds
General fund 6,646
Special funds 10,550
Total 17,196
Sec. 189. Fish and wildlife - support and field services
Personal services 9,566,015
Operating expenses 4,004,370
Grants 662,453
Total 14,232,838
Source of funds
General fund 1,726,853
Transportation fund 367,926
Fish and wildlife fund 12,138,059
Total 14,232,838
(a) The department of fish and wildlife shall obtain approval of the general assembly prior to taking any action that would result in closure or consolidation of fish culture operations.
(b) Of the above appropriation, $5,000 shall be used to provide scholarships for children wishing to attend one of the conservation camps administered by the department of fish and wildlife. No portion of any general fund appropriation, tuition payments, donations made, or interest earned on endowment funds for the camps program within the department of fish and wildlife for the purposes of supporting the conservation camps shall be reallocated or used for any other purpose.
Sec. 190. Fish and wildlife - watershed improvement
Grants 50,661
Source of funds
Fish and wildlife fund 50,661
Sec. 191. Forests, parks and recreation - administration
Personal services 849,194
Operating expenses 475,239
Grants 1,998,100
Total 3,322,533
Source of funds
General fund 983,533
Special funds 1,046,000
Federal funds 1,293,000
Total 3,322,533
Sec. 192. DEPARTMENT OF FORESTS, PARKS AND RECREATION;
EMPLOYEES’ GROUP INSURANCE; REPEAL
(a) 3 V.S.A. § 631(b) (health insurance plan available to state departments on February 23, 1951) shall be repealed on July 1, 2005.
Sec. 193. PARTICIPATION IN A STATE GROUP INSURANCE PLAN
(a) Employees of a state department who participate in a group insurance plan under subsection 631(b) of Title 3 and who choose to continue to participate in a state group insurance plan shall choose from among those plans available to state employees no later than 30 days after the effective date of this act. The commissioner of human resources shall assist these employees in the transition to a new health plan.
Sec. 194. Forests, parks and recreation - forestry
Personal services 4,514,728
Operating expenses 503,152
Grants 353,000
Total 5,370,880
Source of funds
General fund 3,484,380
Transportation fund 21,500
Special funds 360,000
Federal funds 1,291,000
Interdepartmental transfer 214,000
Total 5,370,880
Sec. 195. Forests, parks and recreation - state parks
Personal services 4,538,235
Operating expenses 1,891,697
Grants 5,000
Total 6,434,932
Source of funds
General fund 610,632
Special funds 5,824,300
Total 6,434,932
Sec. 196. Forests, parks and recreation - lands administration
Personal services 521,610
Operating expenses 237,989
Total 759,599
Source of funds
General fund 524,599
Special fund 195,000
Interdepartmental transfer 40,000
Total 759,599
Sec. 197. Forests, parks and recreation - youth conservation corps
Personal services 387,133
Operating expenses 25,357
Grants 500,000
Total 912,490
Source of funds
Special funds 567,490
Federal funds 95,000
Interdepartmental transfer 250,000
Total 912,490
Sec. 198. Forests, parks and recreation - forest highway maintenance
Personal services 222,978
Operating expenses 301,000
Total 523,978
Source of funds
General fund 36,920
Transportation fund 487,058
Total 523,978
Sec. 199. Environmental conservation - management and support services
Personal services 2,835,084
Operating expenses 823,118
Grants 96,267
Total 3,754,469
Source of funds
General fund 1,123,601
Special funds 701,255
Federal funds 1,023,119
Interdepartmental transfer 906,494
Total 3,754,469
(a) Of the above special fund appropriation, $75,000 shall be used to fund a brownfields project manager position.
Sec. 200. Environmental conservation - air and waste management
Personal services 6,944,360
Operating expenses 6,328,003
Grants 1,706,000
Total 14,978,363
Source of funds
General fund 715,896
Special funds 11,147,684
Federal funds 2,944,783
Interdepartmental transfer 170,000
Total 14,978,363
Sec. 200a. FISCAL YEAR 2006; ONE-TIME WASTE MANAGEMENT
GRANTS
(a) The amount of $150,000 is appropriated from the solid waste management assistance fund and shall be used on a one-time basis for the purpose of providing grants to municipalities for recycling, collection, and proper management of household hazardous waste and waste mercury-added products.
Sec. 201. Environmental conservation - office of water programs
Personal services 12,236,776
Operating expenses 2,099,391
Grants 2,953,502
Total 17,289,669
Source of funds
General fund 6,232,691
Transportation fund 185,182
Special funds 3,717,507
Federal funds 6,616,039
Interdepartmental transfer 538,250
Total 17,289,669
(a) The commissioner shall ensure that $75,000 from the river management grants program is granted to the Vermont youth conservation corps to support a comprehensive river management program. This program shall be coordinated to meet the stated objectives of the streambed restoration plan outlined in the clean and clear program. The Vermont youth conservation corps shall submit a report to the house and senate committees on appropriations and the house and senate committees on natural resources and energy no later than January 15, 2006 on actual streambed restoration outcomes achieved by the Vermont youth conservation corps in context of the clean and clear program’s stated objectives.
Sec. 202. Environmental conservation - tax-loss - Connecticut River flood control
Operating expenses 40,000
Source of funds
Special funds 40,000
Sec. 203. Natural resources board
Personal services 2,320,080
Operating expenses 394,264
Total 2,714,344
Source of funds
General fund 1,065,127
Special funds 1,649,217
Total 2,714,344
Sec. 204. Total natural resources 78,325,806
Source of funds
General fund 21,840,505
Transportation fund 1,274,482
Fish and wildlife fund 12,188,720
Special funds 26,851,153
Federal funds 13,616,796
Interdepartmental transfer 2,554,150
Total 78,325,806
Sec. 205. Commerce and community development - agency of commerce and community development - administration
Personal services 1,270,218
Operating expenses 441,401
Grants 236,200
Total 1,947,819
Source of funds
General fund 1,947,819
(a) On January 15, 2006, the agency of commerce and community development with the assistance of the department of public service shall report to the general assembly on the status of the state in reaching its telecommunications coverage goals, specifically in the areas of cellular and broadband service coverage. The report shall address the achievement to date of the telecom infrastructure and service development goals and desired improvement as stated in the Vermont telecommunications plan dated September 2004 and shall report on the agency’s actions taken and planned to help Vermont reach these goals.
(b) The Vermont economic progress council shall consider the findings and recommendations of the economic development study committee in Sec. 205c of this act prior to developing the 10-year economic plan for the state. The secretary of commerce and community development shall transfer at least $30,000 of funds appropriated to the department of economic development in Sec. 212 of this act to the Vermont economic progress council for the 10-year economic plan.
(c) Of the above general fund appropriation, $186,200 shall be for a grant to the Vermont sustainable jobs fund and $50,000 shall be for a grant to the Vermont council on rural development.
Sec. 205a. CHIEF MARKETING OFFICER
(a) The establishment of one (1) new exempt position - Chief Marketing Officer - is authorized in fiscal year 2006. This position shall be transferred and converted from existing vacant positions in the executive branch of state government and shall be established within the office of the secretary of commerce and community development, to be appointed by and report to the secretary of the agency of commerce and community development.
(b) It is the responsibility of the Chief Marketing Officer (CMO) to ensure consistency and efficiency in the use of state funds for marketing and promotional activities conducted by state agencies. The duties of the CMO shall include, but not be limited to, the following:
(1) Consolidate appropriate statewide marketing communications activities of the marketing and promotional (MAP) state agency partners, the department of tourism and marketing, the department of economic development, the agency of agriculture, food and markets, the division of historic preservation, the agency of transportation, the department of forests, parks and recreation, the department of fish and wildlife, and the information centers division.
(2) Develop, produce, and place marketing and promotional materials for all MAP agencies. The CMO will work with the MAP agencies to develop annual marketing objectives, plans, and strategies and create objective metrics for evaluating the effectiveness of the centralized marketing approach.
(3) Marketing and promotional funds allocated with agency budgets will be retained by the state agencies; however, the expenditure of these funds must first be approved by the CMO.
(4) The CMO shall consolidate state marketing and promotional activities with these existing resources in state agencies. The CMO may make recommendations for reallocation through interdepartmental transfer of these resources. Funds may be transferred with the approval of the general assembly or the joint fiscal committee if the general assembly is not in session.
(5) The CMO will conduct annual research to assess state agency satisfaction with the centralized marketing department and communicate the benefits of the consolidated statewide approach to all state agencies.
(6) The CMO shall report to the general assembly by January 15, 2006 on the potential for licensing a state-owned Vermont brand to state-based companies. This report shall include the statutory changes that will be needed, including the repeal of existing regulations regarding the use of the Vermont name; and the estimated time line for establishing the Vermont brand program.
(7) The CMO shall work collaboratively with the higher education community in Vermont upon request by institutions of higher education.
(c) The CMO and the secretary of commerce and community development shall make recommendations to redirect state resources from administration and overhead in MAP agencies to marketing and promotional activities.
Sec. 205b. RETROACTIVE APPLICATION OF DEFERRAL AND
MITIGATION TO PRIOR AWARDS
(a) The deferral and mitigation of disallowance and recapture provisions of section 5930h of Title 32 shall continue in effect to defer and mitigate disallowance or recapture of any economic advancement tax incentive award granted prior to July 1, 2005, with the following modifications:
(1) The deferral and mitigation provisions of subsection 5930h(f) of Title 32 shall be available whether or not the curtailment of trade or business resulting in the notice of recapture or disallowance occurred prior to July 1, 2003, the effective date of No. 67 of the Acts of 2003.
(2) An application to the council for a deferral relating to an award granted prior to July 1, 2005 must be made within 90 days of the effective date of this act or within 90 days of receipt of written determination of recapture or disallowance, whichever is later.
(3)