NO. 215. AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
(H.881)
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 2007 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2007. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2006. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2007 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 3. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2007.
(b) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are single‑year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.
(c) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2007.
(d) The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.
Sec. 4. DEFINITIONS
(a) For the purposes of this act:
(1) “Encumbrances” means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) “Grants” means subsidies, aid, or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.
(3) “Operating expenses” means property management, repair and maintenance, rental expenses, insurance, postage, travel, energy, and utilities, office and other supplies, equipment including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.
(4) “Personal services” means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.
Sec. 5. Secretary of administration - secretary’s office
Personal services 471,572
Operating expenses 43,505
Grants 400,000
Total 915,077
Source of funds
General fund 915,077
(a) Of the above appropriation, $400,000 is for grants to the 11 existing regional marketing programs (RMP). These grants and additional grants from funds appropriated in this act for regional marketing activities shall continue to be calculated by the existing formula. Upon completion and approval of the grant application and plan, an RMP shall submit appropriately documented expenses, consistent with the approved plan, to the State for reimbursement. Reimbursement shall be made only for the following marketing activities (in no specific order): regional websites, consumer/trade shows, packages/itineraries, regional publications and guides, toll-free phone lines and fulfillment, public relations, advertising, familiarization tours, welcome center promotion, joint projects, and administration. Unused funds remaining at the end of the current fiscal year shall carry forward to the subsequent fiscal year.
(b) The secretary of administration shall report to the joint fiscal committee at its November 2006 meeting on the allocation of pay act funds for fiscal year 2007. The report shall indicate the funding needed to meet the obligations of the pay act in each department and a detailed analysis of how the pay act need is being fulfilled in each department, including changes to programs and positions that remain vacant as a result of pay act funding levels. The report shall include the amount of increase provided to exempt positions.
Sec. 6. Information and innovation - communications and information technology
Personal services 4,516,891
Operating expenses 792,925
Total 5,309,816
Source of funds
Internal service funds 5,309,816
Sec. 7. Finance and management - budget and management
Personal services 915,648
Operating expenses 298,559
Total 1,214,207
Source of funds
General fund 1,104,189
Interdepartmental transfer 110,018
Total 1,214,207
(a) Notwithstanding any other provision of law, $250,000 of the general funds collected as a result of charges for the facilities operations fund in fiscal year 2007 shall be deposited into the general fund.
Sec. 8. Finance and management - financial operations
Personal services 2,385,354
Operating expenses 1,038,142
Total 3,423,496
Source of funds
Special funds 74,272
Internal service funds 3,349,224
Total 3,423,496
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $4,307,124, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, are hereby approved. Of this amount, $957,900, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, will be used to support the HCM system that is operated by the department of human resources information technology division.
Sec. 9. Human resources - operations
Personal services 1,911,699
Operating expenses 394,909
Total 2,306,608
Source of funds
General fund 2,000,588
Interdepartmental transfer 306,020
Total 2,306,608
Sec. 10. Human resources - HR workforce planning & employment services
Personal services 811,726
Operating expenses 386,881
Total 1,198,607
Source of funds
General fund 908,107
Special funds 290,500
Total 1,198,607
Sec. 11. Human resources - information technology
Personal services 540,918
Operating expenses 416,982
Total 957,900
Source of funds
Internal service funds 957,900
Sec. 12. Human resources - employee benefits & wellness
Personal services 1,380,362
Operating expenses 367,086
Total 1,747,448
Source of funds
Internal service funds 1,747,448
Sec. 13. Libraries
Personal services 1,976,553
Operating expenses 1,653,154
Grants 70,000
Total 3,699,707
Source of funds
General fund 2,546,703
Special funds 219,026
Federal funds 835,496
Interdepartmental transfer 98,482
Total 3,699,707
Sec. 14. Taxes - administration/collection
Personal services 11,814,733
Operating expenses 2,908,679
Total 14,723,412
Source of funds
General fund 13,896,222
Special funds 574,190
Tobacco Fund 58,000
Interdepartmental transfer 195,000
Total 14,723,412
Sec. 15. DEPARTMENT OF TAXES/REVENUE DEPARTMENT STUDY
(a) The secretary of administration shall study the potential for the conversion of the department of taxes into a department of revenue. Said department of revenue would be designed to consolidate revenue collection functions.
(b) A feasibility report, including issues to be considered and, if found feasible, a proposed implementation time line as to the consolidation of revenue collection functions shall be submitted to the house and senate committees on government operations, appropriations, finance, and ways and means on or before January 15, 2007.
Sec. 16. Buildings and general services - administration
Personal services 1,812,900
Operating expenses 316,900
Total 2,129,800
Source of funds
Interdepartmental transfer 2,129,800
Sec. 17. Buildings and general services - engineering
Personal services 1,887,000
Operating expenses 418,700
Total 2,305,700
Source of funds
General fund 2,260,700
Interdepartmental transfer 45,000
Total 2,305,700
(a) The amount of $50,000 in general funds that has been carried forward from previous years in this appropriation, shall be reverted in fiscal year 2006.
Sec. 18. Buildings and general services - information centers
Personal services 3,471,792
Operating expenses 1,282,500
Grants 45,000
Total 4,799,292
Source of funds
General fund 4,799,292
(a) The above section is funded utilizing general funds considered to be appropriated on a one-time basis if the provisions of Sec. 272 of this act, as it amends Sec. 70(b)(2) of No. 93 of the Acts of 2006, are met.
Sec. 19. Buildings and general services - purchasing
Personal services 718,800
Operating expenses 126,476
Total 845,276
Source of funds
General fund 845,276
Sec. 20. Buildings and general services - public records
Personal services 801,904
Operating expenses 673,800
Total 1,475,704
Source of funds
General fund 1,164,444
Special funds 311,260
Total 1,475,704
Sec. 21. Buildings and general services - postal services
Personal services 632,900
Operating expenses 197,300
Total 830,200
Source of funds
General fund 20,000
Internal service funds 810,200
Total 830,200
Sec. 22. Buildings and general services - copy center
Personal services 756,100
Operating expenses 180,500
Total 936,600
Source of funds
Internal service funds 936,600
Sec. 23. Buildings and general services - fleet management services
Personal services 481,500
Operating expenses 159,300
Total 640,800
Source of funds
Internal service funds 640,800
Sec. 24. Buildings and general services - federal surplus property
Personal services 62,100
Operating expenses 65,500
Total 127,600
Source of funds
Enterprise funds 127,600
Sec. 25. Buildings and general services - state surplus property
Personal services 58,900
Operating expenses 62,600
Total 121,500
Source of funds
Internal service funds 121,500
Sec. 26. Buildings and general services - property management
Personal services 1,301,000
Operating expenses 2,844,300
Total 4,145,300
Source of funds
Internal service funds 4,145,300
Sec. 27. Buildings and general services - workers’ compensation insurance
Personal services 1,152,800
Operating expenses 428,700
Total 1,581,500
Source of funds
Internal service funds 1,581,500
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges not to exceed $8,285,299 are hereby approved.
Sec. 28. Buildings and general services - all other insurance
Personal services 75,700
Operating expenses 37,400
Total 113,100
Source of funds
Internal service funds 113,100
Sec. 29. Buildings and general services - general liability insurance
Personal services 267,600
Operating expenses 77,300
Total 344,900
Source of funds
Internal service funds 344,900
Sec. 30. Buildings and general services - fee for space
Personal services 10,529,817
Operating expenses 10,548,400
Total 21,078,217
Source of funds
Internal service funds 21,078,217
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $21,328,217, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, are hereby approved.
Sec. 31. Geographic information system
Grants 411,685
Source of funds
Special funds 411,685
Sec. 32. Executive office - governor’s office
Personal services 1,235,847
Operating expenses 358,744
Total 1,594,591
Source of funds
General fund 1,433,591
Interdepartmental transfer 161,000
Total 1,594,591
Sec. 33. Executive office - national and community service
Personal services 199,571
Operating expenses 131,957
Grants 1,715,533
Total 2,047,061
Source of funds
General fund 56,528
Federal funds 1,990,533
Total 2,047,061
Sec. 34. Legislative council
Personal services 1,872,976
Operating expenses 145,113
Total 2,018,089
Source of funds
General fund 2,018,089
(a) The establishment of one (1) exempt limited service position—Legislative Counsel—is authorized in fiscal year 2007. The position shall terminate June 30, 2007.
(b) The legislative council shall conduct a review and reorganization of its staff, including operations staff, committee assistants, and legislative counselors, with a view to providing more efficient and extensive coverage to all house and senate committees, improved research and drafting services to all members, and better administrative support for the legislature. This review shall be conducted in the 2006 interim by the legislative council and recommendations, if any, shall be submitted to the general assembly in January 2007.
Sec. 35. Legislature
Personal services 3,600,129
Operating expenses 2,036,909
Total 5,637,038
Source of funds
General fund 5,637,038
Sec. 36. Legislative information technology
Personal services 332,187
Operating expenses 256,071
Total 588,258
Source of funds
General fund 588,258
(a) The legislative information technology staff shall pursue homeland security grant funding for investment in legislative system backup, including off-site system security and recovery needs. The department of public safety and the secretary of administration shall offer any support necessary for said effort.
Sec. 37. Joint fiscal committee
Personal services 1,143,796
Operating expenses 87,831
Total 1,231,627
Source of funds
General fund 1,231,627
Sec. 38. Sergeant at arms
Personal services 468,625
Operating expenses 60,947
Total 529,572
Source of funds
General fund 529,572
Sec. 39. Lieutenant governor
Personal services 127,360
Operating expenses 19,658
Total 147,018
Source of funds
General fund 147,018
Sec. 40. Auditor of accounts
Personal services 2,056,162
Operating expenses 122,054
Total 2,178,216
Source of funds
General fund 521,987
Special funds 54,431
Internal service funds 1,601,798
Total 2,178,216
Sec. 41. State treasurer
Personal services 2,131,671
Operating expenses 344,005
Grants 10,000
Total 2,485,676
Source of funds
General fund 1,028,843
Special funds 1,315,253
Private purpose trust fund 141,580
Total 2,485,676
(a) Of the above general fund appropriation, $10,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541.
(b) The state treasurer may utilize up to $100,000 in pension trust funds in order to contract with an independent expert to review, evaluate, and make recommendations on pension and retiree health plan provisions and design, as well as benefit and contribution levels, for Vermont state employees and teachers. The review is intended to support an adequate, sustainable, and actuarially sound pension and retiree health plan, consistent with governmental accounting standards as well as demographic and workforce trends. A report of findings and recommendations shall be forwarded to the governor and general assembly by December 15, 2006.
Sec. 42. State treasurer - unclaimed property
Personal services 586,261
Operating expenses 299,282
Total 885,543
Source of funds
Private purpose trust fund 885,543
Sec. 43. Vermont state retirement system
Personal services 21,760,779
Operating expenses 654,141
Total 22,414,920
Source of funds
Pension trust funds 22,414,920
Sec. 44. Municipal employees’ retirement system
Personal services 1,687,216
Operating expenses 336,988
Total 2,024,204
Source of funds
Pension trust funds 2,024,204
Sec. 45. State labor relations board
Personal services 166,808
Operating expenses 38,801
Total 205,609
Source of funds
General fund 199,739
Special funds 5,870
Total 205,609
Sec. 46. VOSHA review board
Personal services 32,015
Operating expenses 8,523
Total 40,538
Source of funds
General fund 20,269
Federal funds 20,269
Total 40,538
Sec. 47. Use tax reimbursement fund - municipal current use
Grants 8,113,944
Source of funds
General fund 8,113,944
Sec. 48. Lottery commission
Personal services 1,337,891
Operating expenses 1,077,287
Total 2,415,178
Source of funds
Enterprise funds 2,415,178
(a) The lottery commission shall transfer $150,000 to the department of health, office of alcohol and drug abuse programs to support the gambling addiction program.
(b) The Vermont state lottery shall provide assistance and work with the Vermont council on problem gambling on systems and program set up and development.
Sec. 49. Payments in lieu of taxes
Grants 3,100,000
Source of funds
General fund 600,000
Special funds 2,500,000
Total 3,100,000
(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.
Sec. 50. VENDOR AND OTHER DEPOSITS AGENCY FUND
(a) At the close of fiscal year 2006, funds in the vendor and other deposits agency fund, retained pursuant to 24 V.S.A. § 138(d), shall be distributed as follows: 70 percent to the municipalities that have enacted local option taxes pursuant to 24 V.S.A. § 138 in the same proportion as local option revenues were collected from such municipalities; and the remainder as a supplemental payment to recipients of PILOT payments proportionately consistent with the fiscal year 2006 distribution.
Sec. 50a. REPORT ON PAYMENTS TO MUNICIPALITIES RELATED TO
STATE-OWNED BUILDINGS
(a) The director of property valuation and review and the commissioner of buildings and general services shall identify all payments made to municipalities for any reason specifically related to state-owned buildings and lands in fiscal year 2006 that are not accounted for as part of current PILOT programs. The director and commissioner shall develop a proposal for an additional budget line item which could contain any and all such payments to be added to the general government section of the budget proposal for fiscal year 2008.
Sec. 51. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 52. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 53. Total general government 135,264,534
Source of funds
General fund 52,811,101
Special funds 5,756,487
Tobacco fund 58,000
Federal funds 2,846,298
Enterprise funds 2,542,778
Internal service funds 42,738,303
Pension trust funds 24,439,124
Private purpose trust funds 1,027,123
Interdepartmental transfer 3,045,320
Total 135,264,534
Sec. 54. Protection to persons and property - attorney general
Personal services 6,897,601
Operating expenses 932,612
Total 7,830,213
Source of funds
General fund 3,269,648
Special funds 2,175,000
Tobacco fund 290,000
Federal funds 682,000
Interdepartmental transfer 1,413,565
Total 7,830,213
(a) Notwithstanding any other provisions of law, the office of the attorney general, Medicaid fraud control unit is authorized to retain one-half of any civil monetary penalty proceeds from global Medicaid fraud settlements. All penalty funds retained shall be used to finance Medicaid fraud and residential abuse unit activities.
Sec. 55. REPEAL
(a) 3 V.S.A. § 251 (bonded officials) is repealed.
Sec. 56. Vermont court diversion
Grants 1,604,534
Source of funds
General fund 1,204,534
Special funds 400,000
Total 1,604,534
Sec. 57. Defender general - public defense
Personal services 6,089,740
Operating expenses 671,119
Total 6,760,859
Source of funds
General fund 6,143,551
Special funds 502,502
Interdepartmental transfer 114,806
Total 6,760,859
(a) Of the above general fund appropriation, $60,000 shall be used for purposes of funding psycho-sexual evaluations necessitated by section 204a of Title 28.
(b) The establishment of one (1) new exempt position—either one (1) level III step 1 attorney or one (1) level II step 2 attorney—is authorized in fiscal year 2007. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 58. Defender general - assigned counsel
Personal services 2,862,918
Operating expenses 62,552
Total 2,925,470
Source of funds
General fund 2,825,470
Special funds 100,000
Total 2,925,470
Sec. 59. Judiciary
Personal services 25,836,112
Operating expenses 7,150,842
Grants 70,000
Total 33,056,954
Source of funds
General fund 29,691,689
Special funds 782,335
Tobacco fund 40,000
Federal funds 421,930
Interdepartmental transfer 2,121,000
Total 33,056,954
(a) The establishment of one (1) new exempt limited service position—Project Manager—is authorized in fiscal year 2007.
(b) The establishment of eight (8) new exempt limited service positions—Court Security Officer—is authorized in fiscal year 2007.
(c) The establishment of one (1) new exempt permanent position—Financial Specialist—is authorized in fiscal year 2007.
(d) Of the above general fund appropriation, $2,250 is to support the per diem compensation and reimbursement of expenses authorized by subsection 5451(f) of Title 13 for members of the Vermont sentencing commission.
(e) Of the above general fund appropriation, $50,000 is for the purpose of funding salary, benefits, and operating expenses associated with the position of executive director of the Vermont sentencing commission created by Sec. 16 of H.856 of 2006.
(f) The establishment of one (1) new exempt position—Executive Director of the Vermont sentencing commission—is authorized in fiscal year 2007 within the judiciary. The executive director shall provide professional and administrative support to the Vermont sentencing commission established by section 5451 of Title 13 and shall provide any other assistance necessary for the commission to satisfy its statutory duties.
Sec. 60. 4 V.S.A. § 908 is added to read;
§ 908. ATTORNEYS’ ADMISSION, LICENSING AND PROFESSIONAL
RESPONSIBILITY SPECIAL FUND
(a) There is established the attorneys’ admission, licensing and professional responsibility special fund which shall be managed in accordance with subchapter 5, chapter 7 of Title 32. Fees collected for licensing of attorneys, administration of the bar examination, admitting attorneys to practice in Vermont and administration of mandatory continuing legal education shall be deposited and credited to this fund. This fund shall be available to the judicial branch to offset the cost of operating the professional responsibility board, the board of bar examiners, the judicial conduct board, the committee on character and fitness, the mandatory continuing legal education program for attorneys and, at the discretion of the supreme court, to make grants to the Vermont bar foundation to be used to support legal services for the disadvantaged.
Sec. 60a. 32 V.S.A. § 502 is amended to read:
§ 502. MONEYS TO BE PAID OVER WITHOUT DEDUCTION
(a) Executive branch. The
gross amount of money received in their official capacities by every
administrative department, board, officer or employee, from whatever source,
shall be paid forthwith into the state treasurer, or deposited according to the
direction of the state treasurer in such bank to the credit of the state
treasurer as he shall designate, without any deduction on account of salaries,
fees, costs, charges, expenses, claim or demand of any description whatsoever,
unless otherwise provided. Such moneys shall be credited to such funds as are
now or may hereafter be designated for the deposit thereof. Money so paid and
all moneys belonging to or for the use of the state shall not be expended or
applied by any department, board, officer or employee, except in accordance
with the provisions of § 462 of this title.
DELETED (b) Judicial branch.
The amount of money received by the supreme court or the court administrator
for the admission or licensing of attorneys shall be deposited in the general
fund and shall not be expended or applied except in accordance with the
provisions of section 462 of this title.
* * *
Sec. 60b. REPEAL
(a) Sec. 90(g) of No. 63 of the Acts of 2001 (attorneys’ admission, licensing, and professional responsibility fund) is repealed.
Sec. 61. State’s attorneys
Personal services 8,615,260
Operating expenses 1,174,969
Total 9,790,229
Source of funds
General fund 7,920,231
Special funds 100,578
Federal funds 25,000
Interdepartmental transfer 1,744,420
Total 9,790,229
(a) The amount of $147,912 in general funds that is carried forward in this appropriation from fiscal year 2005, shall revert to the general fund in fiscal year 2006.
(b) Of the above appropriation, $50,000 shall be used to replace lost Byrne grant funds and maintain two Chittenden County attorneys.
(c) Of the above appropriation, $40,000 shall be available to make a one‑half time position into a full-time position in Windsor County.
(d) Of the above general fund appropriation, $363,000 is to be used to fund specialized investigative unit grants awarded by the specialized investigative unit grants board established under section 1940 of Title 24.
Sec. 62. Sheriffs
Personal services 2,805,590
Operating expenses 309,244
Total 3,114,834
Source of funds
General fund 3,114,834
(a) Of the above appropriation, $15,000 shall be transferred to the state’s attorneys’ office as reimbursement for the cost of the executive director’s salary.
(b) Of the above appropriation, $25,000 shall be used for enforcement on the Lamoille Valley Trail.
Sec. 63. Public safety - administration
Personal services 1,671,312
Operating expenses 162,943
Total 1,834,255
Source of funds
General fund 1,834,255
(a) The amount of $50,000 in general funds that were appropriated in Sec. 85(e) of No. 122 of the Acts of 2004 and amended by Sec. 12 of No. 6 of the Acts of 2005 shall revert to the general fund in fiscal year 2006.
Sec. 64. Public safety - homeland security
Personal services 1,517,922
Operating expenses 4,504,102
Grants 14,838,700
Total 20,860,724
Source of funds
General fund 435,157
Special funds 7,400
Federal funds 20,417,717
Interdepartmental transfer 450
Total 20,860,724
(a) Up to $5,000,000 in federal homeland security grant funds from the above appropriation may be used for planning, management, and initial development of the Vermont communications (VCOMM) statewide public safety communications system. If additional homeland security grant funds become available, up to $5,000,000 of these funds may be used for this purpose in fiscal year 2007. Based on the recommendation of the VCOMM board and approval of the joint fiscal committee, these funds shall be used to establish a statewide VCALL/UCALL interoperable network.
(b) The commissioner shall report on the status and use of these federal homeland security grant funds to the joint fiscal committee at its September 2006 meeting and to the house and senate committees on government operations and appropriations by January 15, 2007.
Sec. 65. Public safety - state police
Personal services 37,651,431
Operating expenses 5,707,781
Grants 1,635,950
Total 44,995,162
Source of funds
General fund 5,938,091
Transportation fund 31,053,847
Special funds 3,293,766
Federal funds 4,156,802
Interdepartmental transfer 552,656
Total 44,995,162
(a) Of the above appropriation, $35,000 in special funds shall be available for snowmobile law enforcement activities and $35,000 in general funds shall be available to the southern Vermont wilderness search and rescue team, which comprises state police, the department of fish and wildlife, county sheriffs, and local law enforcement personnel in Bennington, Windham, and Windsor counties for snowmobile enforcement.
(b) Of the $230,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers. These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts. The remaining $40,000 shall remain as a “pool” of money available to local and county law enforcement to fund overtime costs associated with heroin investigations. Any unexpended funds from prior fiscal years shall be carried forward.
(c) $2,200,708 of the above funds is appropriated on a one-time basis as general funds if the provisions of Sec. 272 of this act, as it amends Sec. 70 (b)(2) of No. 93 of the Acts of 2006, are met.
Sec. 66. Public safety - criminal justice services
Personal services 5,925,379
Operating expenses 2,404,337
Grants 2,182,500
Total 10,512,216
Source of funds
General fund 760,000
Transportation fund 4,323,039
Special funds 1,322,337
Federal funds 3,678,817
Interdepartmental transfer 428,023
Total 10,512,216
Sec. 67. Public safety - emergency management
Personal services 1,301,165
Operating expenses 459,748
Grants 721,050
Total 2,481,963
Source of funds
Transportation fund 63,969
Special funds 97,957
Federal funds 2,320,037
Total 2,481,963
Sec. 68. Public safety - emergency management - radiological emergency response plan
Personal services 667,284
Operating expenses 239,640
Grants 453,516
Total 1,360,440
Source of funds
Special funds 1,360,440
(a) Of the above special fund appropriation, up to $30,000 shall be available to contract with any radio station serving the emergency planning zone for the emergency alert system.
Sec. 68a. 20 V.S.A. § 3a is amended to read:
§ 3a. EMERGENCY MANAGEMENT DIVISION; DUTIES; BUDGET
(a) In addition to other duties required by law, the emergency management division shall:
(1) Prepare Establish
and define emergency planning zones and prepare and maintain a radiological
emergency response plan in cooperation with other state and local agencies for
use in such zones. The plan shall be designed to protect the lives and property
of persons residing within this state who might be threatened as the result of
their proximity to any operating nuclear reactor. The plan shall be formulated
in accordance with procedures approved by the Federal Nuclear Regulatory
Commission. The plan shall provide for all the following:
* * *
Sec. 68b. 20 V.S.A. § 38(a)(2) and (3) are amended to read:
(2) Expenditures from the fund
shall be made by the division of emergency management, subject to an annual
legislative appropriation. As part of the annual appropriations process, the
division of emergency management shall present a budget for the ensuing fiscal
year that anticipates the expenditures that will be made from the fund. The
annual budget shall be developed by the division of emergency management in
consultation with the Windham regional planning commission, state
agencies, the management of the nuclear power plant, and the selectboards of
the municipalities in the emergency planning zone and any other municipality
defined by the state as required to support the plan. Each fiscal year,
the division of emergency management in collaboration with the state and local
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 emergency planning zone entity
defined by the state as required to support the radiological emergency response
plan shall develop the budget for expenditures from the radiological emergency
response plan fund. State personnel with responsibility for local
coordination and plan development shall be physically located in the region. The
annual budget shall include only expenditures necessary to support the
radiological emergency response plan.
(3) The annual budget shall include anticipated expenditures to municipalities, county or state agencies, or other organizations necessary to support the radiological emergency response plan. The annual budget shall also include an annual base payment of no less than $5,000.00 for each town within the emergency planning zone for radiological emergency response- related expenditures. Additional expenditures by the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or emergency planning zone entity defined by the state as required to support the plan shall be determined during the budget development process established by this section. The annual budget so prepared shall include all costs for evacuation notification systems.
Sec. 69. Public safety - fire safety
Personal services 3,743,689
Operating expenses 929,794
Grants 48,000
Total 4,721,483
Source of funds
General fund 713,652
Special funds 3,738,363
Federal funds 91,068
Interdepartmental transfer 178,400
Total 4,721,483
(a) Of the above general fund appropriation, $50,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.
Sec. 70. Military - administration
Personal services 475,193
Operating expenses 151,271
Grants 200,000
Total 826,464
Source of funds
General fund 826,464
(a) Of the above appropriation, an amount not to exceed $200,000 shall be disbursed to the Vermont student assistance corporation to replenish the amount available for the national guard scholarship program established in 16 V.S.A. § 2856 to a level of $200,000. At the end of fiscal year 2007, any part of the $200,000 appropriation not transferred to the Vermont student assistance corporation shall revert to the general fund.
(b) Total disbursements by the Vermont student assistance corporation under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2007.
Sec. 71. Military - air service contract
Personal services 4,015,783
Operating expenses 875,237
Total 4,891,020
Source of funds
General fund 339,579
Federal funds 4,551,441
Total 4,891,020
Sec. 72. Military - army service contract
Personal services 3,361,860
Operating expenses 5,780,134
Total 9,141,994
Source of funds
General fund 110,625
Federal funds 9,031,369
Total 9,141,994
Sec. 73. Military - building maintenance
Personal services 915,455
Operating expenses 441,925
Total 1,357,380
Source of funds
General fund 1,357,380
Sec. 74. Military - veterans’ affairs
Personal services 265,466
Operating expenses 107,315
Grants 172,815
Total 545,596
Source of funds
General fund 545,596
(a) Of the above appropriation, $15,000 shall be used for continuation of the Vermont medal program, $10,000 shall be used for the expenses of the governor’s veterans’ advisory council, $15,000 shall be used for the Veterans’ Day parade, $5,000 for the American Legion Post 5 marching band, and $5,000 shall be granted to the Vermont state council of the Vietnam Veterans of America to fund the service officer program.
Sec. 75. Center for crime victims services
Personal services 1,159,459
Operating expenses 307,874
Grants 8,555,195
Total 10,022,528
Source of funds
General fund 1,125,253
Special funds 4,876,155
Federal funds 4,021,120
Total 10,022,528
(a) The center for crime victims’ services shall review the allocation of the victims’ advocates to address the current imbalance in caseload. This review shall consider the number of hours worked by each advocate and the caseload of each advocate. The director shall report the findings of this review to the house and senate committees on appropriations during testimony on the fiscal year 2008 budget.
Sec. 75a. 18 V.S.A. § 1905 is amended to read:
§ 1905. LICENSE REQUIREMENTS
Upon receipt of an application for license and the license fee, the licensing agency shall issue a license when it determines that the applicant and hospital facilities meet the following minimum standards:
* * *
(19) All hospitals shall accept payment for compensation claims of uninsured crime victims paid for by the victims compensation board established in section 5352 of Title 13 at 70 percent of billed charges and shall not bill any balance to the uninsured crime victim.
Sec. 75b. 32 V.S.A. § 1407 is amended to read:
§ 1407. COSTS TO BE BORNE BY THE STATE
The state shall bear the costs of medical and psychological examinations administered to victims of crime committed in this state, in instances where that examination is requested by a law enforcement officer or a prosecuting authority of the state or any of its subdivisions. The state shall also bear the costs of medical examinations administered to victims in cases of alleged sexual assault where the victim obtains such an examination prior to receiving such a request. These costs may be paid from the victims’ compensation fund from funds appropriated for that purpose. The fund shall reimburse health care facilities and health care providers located in Vermont as defined in section 9402 of Title 18 at 70 percent of the billed charges for these claims, and the health care provider or facility shall not bill any balance to the crime victim. A victim, at his or her own expense, may obtain copies of the results of an examination under this section.
Sec. 76. Criminal justice training council
Personal services 1,007,217
Operating expenses 800,611
Total 1,807,828
Source of funds
General fund 1,171,978
Special funds 505,452
Interdepartmental transfer 130,398
Total 1,807,828
Sec. 77. Agriculture, food and markets - administration
Personal services 855,670
Operating expenses 446,851
Grants 357,114
Total 1,659,635
Source of funds
General fund 1,403,539
Special funds 118,940
Federal funds 78,543
Interdepartmental transfer 58,613
Total 1,659,635
(a) The secretary of the agency of agriculture, food and markets shall utilize the general funds appropriated in Sec. 261b(a)(1) of No. 63 of the Acts of 2001 that are unexpended and carried forward and available in fiscal year 2006 as follows:
(1) $5,000 to carry out educational activities for farmers as required by H.456 of 2006;
(2) $10,000 to provide farm-to-school education and teacher training services as required by H.456 of 2006;
(3) $25,000 for the agronomics practices program created in Sec. 80a of this act;
(4) up to $110,000 which may be redirected by the secretary of the agency of agriculture, food and markets solely for meat inspection activities; and
(5) any funds remaining in this appropriation shall only be expended on matchable conservation reserve enhancement program expenses.
(b) Of the above special fund appropriation, $25,000 shall be for the purposes of 6 V.S.A. § 370.
Sec. 77a. RULEMAKING BY LAND USE PANEL
(a) In the event that S.142 of 2006 is not enacted into law, and notwithstanding other provisions of law to the contrary, the land use panel of the natural resources board shall not adopt rules on the subject of agricultural mitigation under Act 250, the definition of growth centers, the interpretation of Title 10 subdivision 6086(a)(9), or other matters addressed by the panel’s proposed Rule 80 until further specific authority to do so is granted by the general assembly.
Sec. 77b. AGENCY OF AGRICULTURE, FOOD AND MARKETS
OUTREACH, EDUCATION, AND TRAINING REGARDING
CONTAGIOUS LIVESTOCK DISEASES AND ANIMAL
PREMISES REGISTRATION
(a) Prior to January 15, 2007, the agency of agriculture, food and markets shall develop educational and training programs and shall conduct a public hearing in each county of the state to inform farmers in Vermont of the threat to humans and livestock posed by a potential outbreak of a contagious disease in livestock in Vermont. The educational materials and training shall provide information:
(1) regarding how and when a contagious disease in livestock, including avian influenza, could enter the state; how to prevent a contagious disease from entering the state; how to prevent a contagious disease from infecting livestock on a farm; how to detect symptoms of a contagious disease in livestock or wild animals; how to respond when a contagious livestock disease is suspected or detected; the role that all scales of farming may have in the spread of a contagious disease; and the potential impact of a contagious disease on food production and distribution; and
(2) regarding the details of an animal premises registration rule proposed by the agency of agriculture, food and markets, including when a livestock owner would be required to register, the penalties for failure to register, how the agency of agriculture, food and markets shall manage and use information collected from livestock owners, how the agency of agriculture, food and markets would respond to outbreaks of contagious diseases, and how the required registration with the state will impact local food production and distribution.
Sec. 77c. AGENCY OF AGRICULTURE, FOOD AND MARKETS
ANIMAL PREMISES REGISTRATION SYSTEM REPORT AND
RULES
(a) Findings. The general assembly finds and declares that it is the policy of the state of Vermont to protect the state’s agricultural sector from outbreaks of contagious livestock diseases. Efforts to control outbreaks of contagious diseases in livestock are necessary to protect public health, maintain animal health, and prevent damage to the agricultural economy of the state. Nevertheless, protection of the state’s agricultural sector must not result in excessive or restrictive regulation of ownership of livestock. Consequently, notwithstanding existing requirements in statute or rule for the identification of animals, it is the intention of the general assembly that any effort by the agency of agriculture, food and markets to adopt a new system to register livestock and livestock owners in order to respond to the outbreak of contagious diseases in livestock should be limited to an animal premises registration system and should not impose requirements related to individual animal identification or monitoring of animal movement.
(b) Prior to filing a final proposal under sections 836 and 841 of Title 3 of a rule for animal premises registration, the secretary of agriculture, food and markets shall report a proposed final rule for animal premises registration to the house and senate committees on agriculture. The house and senate committees on agriculture shall review the proposed rule and recommend whether the proposed rule should be amended and whether a final proposal of the rule should be filed with the secretary of state and the legislative committee on administrative rules under sections 836 and 841 of Title 3.
(c) Prior to January 15, 2007, the secretary of agriculture, food and markets shall complete a study of the effectiveness of a voluntary animal premises registration system in the state. The secretary shall report the findings of the study to the house and senate committees on agriculture. The report shall include:
(1) A summary of the federal national animal identification system plan and a list of any components of the federal plan that the state is required to implement under federal statute or rules;
(2) A summary of the amount of information collected under the state voluntary animal premises registration system and the type of farms that have registered under the voluntary system, provided that no confidential personal information shall be included in the report;
(3) An analysis of the effectiveness of the state voluntary animal premises registration system;
(4) An accounting of the cost to the agency of agriculture, food and markets of implementing the state voluntary animal premises registration system and an estimate of the increased funding that would be necessary for the agency of agriculture, food and markets to implement a mandatory animal premises identification system; and
(5) A summary of any and all contagious animal disease outbreaks within the state of Vermont, New England, and the eastern provinces of Canada in the year preceding the date the report is filed with the general assembly.
Sec. 77d. 6 V.S.A. § 370 is amended to read:
§ 370. PUBLICATION; CONSUMER INFORMATION REGARDING
FERTILIZER USE ON NONAGRICULTURAL TURF
(a) The secretary shall publish on an annual basis:
(1) information concerning the distribution of fertilizers and limes;
(2) results of analyses based on official samples of fertilizers and lime distributed within the state as compared with guaranteed analyses required pursuant to the terms of this chapter.
(b)(1) The secretary, in consultation with the University of Vermont extension service, fertilizer industry representatives, lake groups, and other interested or affected parties, shall produce information for distribution to the general public with respect to the following:
(A) problems faced by the waters of the state because of discharges of phosphorus;
(B) an explanation of the extent to which phosphorus exists naturally in the soil;
(C) voluntary best management practices for the use on nonagricultural turf of fertilizers containing phosphorus; and
(D) best management practices for residential sources of phosphorus.
(2) The secretary shall develop the information required under this subsection and make it available to the general public in the manner deemed most effective, which may include:
(A) conspicuous posting at the point of retail sale of fertilizer containing phosphorus, according to recommendations for how that conspicuous posting may best take place;
(B) public service announcements by means of electronic media;
(C) other methods deemed by the secretary to be likely to be effective.
(3) The secretary shall develop proposed criteria for evaluating the effectiveness of the information program and shall present them to legislative committees on natural resources and energy and on agriculture by no later than January 1, 2007. By no later than July 1, 2007, the secretary shall hold one or more public information meetings to obtain the input of the public on a draft assessment of the effectiveness of this section in increasing the use of best management practices in the use of fertilizers on nonagricultural turf. By no later than December 1, 2008, the secretary shall provide those legislative committees with a final assessment of the effectiveness of this subsection, which shall include an analysis of the extent to which the information developed under this subsection has been effectively provided to and relied upon by retail customers who purchase fertilizers containing phosphorus and shall include any recommendations for making the program more effective.
Sec. 78. Agriculture, food and markets - food safety and consumer protection
Personal services 2,478,439
Operating expenses 271,787
Grants 2,801,492
Total 5,551,718
Source of funds
General fund 1,404,221
Special funds 3,513,447
Federal funds 627,050
Interdepartmental transfer 7,000
Total 5,551,718
Sec. 79. Agriculture, food and markets - agricultural development
Personal services 826,041
Operating expenses 504,152
Grants 1,249,421
Total 2,579,614
Source of funds
General fund 813,420
Special funds 1,571,703
Federal funds 194,491
Total 2,579,614
(a) Of the above appropriation, $125,000 shall be granted to Vermont schools in amounts no greater than $15,000 to encourage the use of Vermont farm products by Vermont schools.
Sec. 80. Agriculture, food and markets - laboratories, agricultural resource management, and environmental stewardship
Personal services 3,079,164
Operating expenses 504,576
Grants 626,000
Total 4,209,740
Source of funds
General fund 1,960,149
Special funds 1,513,583
Federal funds 471,118
Interdepartmental transfer 264,890
Total 4,209,740
Sec. 80a. FARM AGRONOMIC PRACTICES PROGRAM
(a) The farm agronomic practices assistance program is created in the agency of agriculture, food and markets to provide the farms of Vermont with state financial assistance for the implementation of soil-based practices that improve soil quality, increase crop production, and reduce erosion and agricultural waste discharges. The following practices shall be eligible for assistance under the grant program:
(1) conservation crop rotation;
(2) cover cropping;
(3) strip cropping;
(4) cross-slope tillage;
(5) annual maintenance of a nutrient management plan that is no longer receiving funding under a state or federal contract, provided the maximum assistance provided to a farmer under this subdivision shall be $1,000 per year; and
(6) educational and instructional activities to inform the farmers and citizens of Vermont of:
(A) the impact on Vermont waters of agricultural waste discharges;
(B) the federal and state requirements for controlling agricultural waste discharges.
Sec. 81. Agriculture, food and markets - state stipend
Grants 175,000
Source of funds
General fund 175,000
Sec. 82. Agriculture, food and markets - mosquito control
Personal services 20,000
Operating expenses 70,000
Total 90,000
Source of funds
Special funds 90,000
Sec. 83. Banking, insurance, securities, and health care administration - banking
Personal services 1,133,430
Operating expenses 280,645
Total 1,414,075
Source of funds
Special funds 1,414,075
(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2007, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 84. Banking, insurance, securities, and health care administration - insurance
Personal services 2,918,926
Operating expenses 518,400
Total 3,437,326
Source of funds
Special funds 3,437,326
Sec. 85. Banking, insurance, securities, and health care administration - captive
Personal services 2,785,349
Operating expenses 438,260
Total 3,223,609
Source of funds
Special funds 3,223,609
Sec. 86. Banking, insurance, securities, and health care administration - securities
Personal services 524,668
Operating expenses 133,050
Total 657,718
Source of funds
Special funds 657,718
Sec. 87. Banking, insurance, securities, and health care administration - health care administration
Personal services 4,541,080
Operating expenses 379,818
Total 4,920,898
Source of funds
General fund 711,000
Special funds 2,423,717
Global Commitment funds 1,716,181
Interdepartmental transfer 70,000
Total 4,920,898
(a) Of the above appropriation, $700,000, consisting of $395,000 in general funds, $105,000 in Global Commitment funds, and $200,000 in special funds, is for a continuation of the project conducted by the Vermont information technology leaders (VITL), as referred to in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of 2006. Availability of the $700,000 funds is contingent on the secretary of administration’s approval of a plan submitted by VITL to coordinate VITL’s activities with “the Vermont blueprint for health chronic care initiative” and other health care related statewide information technology projects. Availability of the $700,000 shall also be contingent on: the delivery by VITL of a sustainable business plan to the secretary of administration and the general assembly; and a commitment by VITL to use “best efforts” to secure a nonstate match for the funds. If at any time VITL no longer demonstrates the ability to deliver the work described in 18 V.S.A. § 9417, the state shall have the right to assume ownership of all licenses, intellectual property, and work product of VITL developed for the state pursuant to section 9417 or otherwise. The $700,000 in this section shall not be available until the funding in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of 2006, has been fully expended.
(b) Of the above appropriation $400,000 is for purposes of Sec. 57 of H.861 of 2006. In the event that H.861 of 2006 is not enacted into law, $400,000 shall be reduced from the above appropriation. This reduction shall consist of $316,000 in general funds and $84,000 in Global Commitment funds.
Sec. 88. Banking, insurance, securities, and health care administration - administration
Personal services 1,059,213
Operating expenses 51,417
Total 1,110,630
Source of funds
Special funds 1,110,630
Sec. 89. Secretary of state
Personal services 4,040,135
Operating expenses 1,341,443
Grants 1,200,000
Total 6,581,578
Source of funds
General fund 586,693
Special funds 3,919,885
Federal funds 2,000,000
Interdepartmental transfer 75,000
Total 6,581,578
(a) The corporation division of the secretary of state’s office represents $480,889 of the above special fund appropriation, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).
(b) Notwithstanding any other provision of law, in fiscal year 2006, the amount of $220,000 shall be transferred to the general fund from the Vermont campaign fund established in 17 V.S.A. § 2856.
(c) Notwithstanding 17 V.S.A. § 2855(a), in fiscal year 2007, the secretary of state may make public finance grants to qualified candidates from the Vermont campaign fund in anticipation of receipts coming into the fund.
Sec. 90. Public service - regulation and energy
Personal services 4,547,379
Operating expenses 674,884
Grants 800,000
Total 6,022,263
Source of funds
Special funds 4,829,463
Federal funds 1,157,800
Interdepartmental transfer 35,000
Total 6,022,263
Sec. 90a. CLEAN ENERGY DEVELOPMENT FUND APPROPRIATIONS
(a) The sum of $4,800,000 is appropriated during fiscal year 2007 from the clean energy development fund to the public service department for the purposes of 10 V.S.A. § 6523 as follows:
(1) With the approval of the joint fiscal committee the public service department may grant up to $1,300,000 in awards from the clean energy development fund prior to December 1, 2006.
(2) The public service department may only grant the remaining $3,500,000 with the approval of the clean energy development fund investment committee established in 10 V.S.A. § 6523(e). In the event that H.859 of 2006 is not enacted into law, this appropriation shall not be made.
(3) Of the monies appropriated for program administration in accordance with 10 V.S.A. § 6523(e)(3), $50,000 shall be used by the department of public service for the public engagement process established under Sec. 2 of H.859 of 2006. In the event that H.859 of 2006 is not enacted into law, this appropriation shall not be made.
Sec. 91. Public service - purchase and sale of power
Personal services 11,886
Operating expenses 1,516
Total 13,402
Source of funds
Special funds 13,402
Sec. 92. Public service board
Personal services 2,447,097
Operating expenses 310,000
Total 2,757,097
Source of funds
Special funds 2,757,097
Sec. 93. Enhanced 9-1-1 board
Personal services 2,106,208
Operating expenses 371,986
Total 2,478,194
Source of funds
Special funds 2,478,194
Sec. 94. Vermont racing commission
Operating expenses 1,000
Source of funds
General fund 1,000
Sec. 95. Human rights commission
Personal services 379,094
Operating expenses 78,912
Total 458,006
Source of funds
General fund 288,006
Federal funds 170,000
Total 458,006
Sec. 96. Liquor control - enforcement and licensing
Personal services 1,616,703
Operating expenses 334,752
Total 1,951,455
Source of funds
Tobacco fund 289,768
Enterprise funds 1,661,687
Total 1,951,455
Sec. 97. Liquor control - administration
Personal services 1,304,489
Operating expenses 370,241
Total 1,674,730
Source of funds
Enterprise funds 1,674,730
Sec. 98. Liquor control - warehousing and distribution
Personal services 790,029
Operating expenses 343,527
Total 1,133,556
Source of funds
Enterprise funds 1,133,556
Sec. 99. Total protection to persons
and property 237,343,390
Source of funds
General fund 76,671,015
Transportation fund 35,440,855
Special funds 57,135,074
Tobacco fund 619,768
Global Commitment funds 1,716,181
Federal funds 54,096,303
Enterprise funds 4,469,973
Interdepartmental transfer 7,194,221
Total 237,343,390
Sec. 100. Human services - agency of human services - secretary’s office
Personal services 6,522,771
Operating expenses 2,220,100
Grants 4,576,108
Total 13,318,979
Source of funds
General fund 3,726,910
Special funds 7,517
Tobacco fund 612,021
Federal funds 4,770,606
Interdepartmental transfer 4,201,925
Total 13,318,979
(a) Notwithstanding any other provisions of law, workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services or who utilize a qualified intermediary service organization providing services on behalf of the state shall not be considered state employees, except for purposes of 21 V.S.A. chapter 17.
(b) Notwithstanding any other provisions of law, the state may provide workers’ compensation coverage to workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services, and the state shall not be considered their employer. The state may also either permit a qualified intermediary service organization to purchase group insurance policies for persons served by their organization or deem such persons to be members of an association and eligible for self‑insurance under 21 V.S.A. § 687a for purposes of providing workers’ compensation. This provision is intended solely to reduce costs of providing workers’ compensation and shall not be considered for any other purpose.
(c) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” and costs related to juvenile justice as outlined in this section to the departments in the agency of human services designated to provide these services.
(d) Of the above tobacco settlement funds, $54,000 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring program for youth.
(e) Of the above tobacco fund appropriation, $143,000 shall be used for a grant to Lamoille County people in partnership for wrap-around services for at-risk youth.
(f) Of the above tobacco fund appropriation, $100,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 for safe housing provisions for at-risk youth.
(g) Of the above tobacco fund appropriation, $200,000 along with available matching federal funds shall be available for services required for petitions filed by the agency under 33 V.S.A. § 5517(e).
(h) The administration and the Vermont council of developmental and mental health services have agreed that in state fiscal year 2008, a 7.5 percent state funding increase will be recommended for the designated agencies. The agency of human services and Vermont council of developmental and mental health services will work collaboratively with consumers, families, and advocates to make a recommendation as to how this increase will be allocated.
(i) The agency of human services shall conduct a study of the sustainability of the designated provider system for substance abuse, developmental, and mental health services. The study will result in a five-year strategic plan to address demographic trends, labor market trends, and the availability of state and federal resources. The agency shall utilize an advisory board of consumers, family members, advocates, and designated agencies to oversee the study and to address the recommendations made in the original sustainability study.
Sec. 101. Secretary’s office - Global Commitment
Grants 792,294,238
Source of funds
General fund 116,901,768
Special funds 12,939,662
Tobacco fund 19,299,711
State health care resources fund 153,832,688
Federal funds 487,041,206
Interdepartmental transfer 2,279,203
Total 792,294,238
(a) The agency of human services shall use the funds appropriated in this section for payment of the actuarially certified premium required under the intergovernmental agreement between the agency of human services and the managed care organization in the office of Vermont health access as provided for in the Global Commitment to health waiver (“Global Commitment”) approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.
(b) In addition to the state funds appropriated in this section, a total estimated sum of $35,594,773 is anticipated to be certified as state matching funds under the Global Commitment as follows:
(1) $19,536,735 certified state match available from local education agencies. This amount combined with $27,665,633 of federal funds appropriated in this section equals a total estimated expenditure of $47,202,367 for eligible special education school-based Medicaid services under the Global Commitment. An amount equal to the amount of the federal matching funds for eligible special education school-based Medicaid services under global commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.
(2) $1,497,110 certified state match available from local education agencies for eligible services under the Global Commitment provided to students under Section 504 of the Rehabilitation Act of 1973.
(3) $7,459,137 certified state match available from local education agencies for eligible services under the Global Commitment provided to students through school-based health services, including school nurses.
(4) $4,215,210 certified state match available from local education agencies for eligible services provided to students in the success beyond six programs.
(5) $1,847,186 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.
(6) $1,039,395 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.
(c) In the event that H.861 of 2006 is not enacted into law, the special fund appropriation above is reduced by $1,823,600 and the federal funds are reduced by $2,604,763.
Sec. 102. Rate setting
Personal services 685,795
Operating expenses 92,395
Total 778,190
Source of funds
Interdepartmental transfer 778,190
Sec. 103. Developmental disabilities council
Personal services 139,974
Operating expenses 33,310
Grants 315,000
Total 488,284
Source of funds
Federal funds 488,284
Sec. 104. Human services board
Personal services 290,456
Operating expenses 50,457
Total 340,913
Source of funds
General fund 50,247
Federal funds 11,280
Interdepartmental transfer 279,386
Total 340,913
Sec. 105. Office of Vermont health access - administration
Personal services 26,611,976
Operating expenses 1,918,014
Total 28,529,990
Source of funds
Global Commitment fund 28,167,196
Interdepartmental transfer 362,794
Total 28,529,990
(a) In fiscal year 2007, the office of Vermont health access may obtain three new positions from the position pool to implement and provide for the ongoing operational support of any Chronic Care Management RFP process and contract management activities.
(b) No later than December 1, 2006, the office of Vermont health access shall report to the health access oversight committee on the program and administrative costs associated with the start-up of the Medicare Modernization Act’s Part D provisions. The office shall include a projection of the ongoing program and administrative costs to state operations that are attributable to the implementation and ongoing operations of the Medicare Part D prescription drug program.
(c) In the event that H.861 of 2006 is not enacted into law, the above global commitment fund appropriation is reduced by $1,000,000, and no funds shall be expended to implement employer-sponsored insurance programs within the state Medicaid program.
Sec. 106. MEDICAID TRANSPORTATION SPECIAL CONTRACTS
(a) The agency of human services may contract with a public or private entity to provide transportation related to school-based health or dental clinic services for children enrolled in Medicaid or Dr. Dynasaur.
Sec. 107. Office of Vermont health access - Medicaid program - Global Commitment
Grants 389,504,923
Source of funds
Global Commitment fund 389,504,923
(a) The office of Vermont health access and the department of disabilities, aging and independent living may, where feasible, seek to more efficiently utilize funds in the “high tech” program while maintaining adequate medical care.
(b) In the event that H.861 of 2006 is not enacted into law, the above appropriation is reduced by $3,428,363, and the department shall not change reimbursement rates for providers as specified in H.861, and the specified intent of Sec. 108(a) of this act is no longer required.
Sec. 107a. MEDICAID GENERIC REIMBURSEMENT REDUCTION AND
DISPENSING FEE STUDY
(a) The office of Vermont health access shall conduct an impact analysis of the Deficit Reduction Act of 2005 (H.R. 4241/S.1932) on pharmacists and the Vermont pharmacy benefits program. Specifically the office shall evaluate:
(1) The impact of the generic drugs provision on Vermont pharmacists and on program participants in Medicaid.
(2) The state’s potential direct savings due to the generic drug change.
(b) The office shall provide preliminary findings to the legislative health access oversight committee and the legislative joint fiscal committee by September 1, 2006, with a final report to be submitted to the above committees by November 15, 2006.
Sec. 107b. OVHA CHIROPRACTIC STUDY; REPEAL
(a) Sec. 298 of No. 71 of the Acts of 2005, directing OVHA to study the impact of reinstating chiropractic benefits in the Medicaid program, is repealed.
Sec. 107c. CHIROPRACTIC REVIEW OF LITERATURE; OVHA
RECOMMENDATION
(a) The office of Vermont health access shall review available literature and clinical findings related to clinical outcomes and overall treatment costs associated with chiropractic treatment. The office shall make a recommendation to the general assembly regarding the reinstatement of chiropractic services under the Medicaid program during the fiscal year 2008 budget submission.
Sec. 108. DENTAL SERVICES
(a) It is the intent of the general assembly that effective January 1, 2007 an annualized increase of $300,000 is made for adult dental services which shall be used to, first, restore the reductions in adult dental rates which were effective February 1, 2006 and, second, to split the remaining amount approximately in half to increase rates for dental services and to increase the dental cap for adults in such a manner as to offset any loss in benefit level due to the rate increases.
(b) The office of Vermont health access shall use $242,836 of the appropriation in Sec. 107 of this act for supplemental payments to dentists with high Medicaid patient counts. The office shall design and implement the program by October 1, 2006. These funds are in addition to the funds in subsection (a) of this section. The office shall report to the health access oversight committee in September on the parameters of the program.
Sec. 109. Office of Vermont health access - Medicaid program - non-Global Commitment long-term care waiver
Grants 172,317,361
Source of funds
General fund 70,960,289
Federal funds 101,357,072
Total 172,317,361
Sec. 110. Office of Vermont health access - Medicaid matched nonwaiver expenses
Grants 61,194,552
Source of funds
General fund 24,589,781
Federal funds 36,604,771
Total 61,194,552
Sec. 111. Office of Vermont health access - Medicaid program - state only
Grants 29,621,923
Source of funds
General fund 28,437,916
Global Commitment fund 1,184,007
Total 29,621,923
Sec. 112. MEDICAID DEFICIT AND REIMBURSEMENT STUDY
(a) The health access oversight committee shall study options for and develop a plan to eliminate the Medicaid deficit. The committee may appoint a subcommittee from its members to collect information, hear testimony, and make recommendations to the full committee. The committee shall consider:
(1) opportunities in the Global Commitment waiver;
(2) methods to streamline administration and regulation in Medicaid, the Vermont health access plan, and Dr. Dynasaur;
(3) the fastest growing expenses in the programs and determine whether there are efficiencies or other methods available to control costs; and
(4) other strategies for reducing the deficit.
(b) The health access oversight committee or the subcommittee appointed under subsection (a) of this section shall study the reimbursement rates paid by Medicaid, the Vermont health access plan, and Dr. Dynasaur and the effects of the rates on Vermont’s health care system.
(c) The office of Vermont health access shall present analysis and information as requested by the committee or subcommittee. The committee and subcommittee shall have staff support from the legislative council and the joint fiscal office.
(d) The committee shall report on the studies and a plan under this section to the general assembly no later than January 15, 2007.
Sec. 113. [DELETED]
Sec. 114. [DELETED]
Sec. 115. Health - administration and support
Personal services 5,760,189
Operating expenses 2,397,801
Grants 150,000
Total 8,307,990
Source of funds
General fund 114,453
Special funds 24,525
Global Commitment fund 2,547,194
State health care resource fund 100,000
Federal funds 5,517,818
Interdepartmental transfer 4,000
Total 8,307,990
(a) Of the above special fund appropriation, $100,000 shall be used for a grant pursuant to Sec. 33 of H. 861 of 2006. This grant shall not be made if H.861 is not enacted into law.
Sec. 115a. Health - blueprint for health
Personal services 2,549,049
Operating expenses 331,443
Grants 366,000
Total 3,246,492
Source of funds
General fund 1,234,431
Global Commitment fund 2,012,061
Total 3,246,492
(a) From the funds appropriated in this section and Sec. 115b of this act, the department of health shall provide incentive grants and stipends to physician practices participating in the pilot projects developed under the Vermont blueprint for health established in section 702 of Title 18.
Sec. 115b. BLUEPRINT FOR HEALTH - FISCAL YEAR 2006 ONE-TIME
APPROPRIATION
(a) In fiscal year 2006, a total of $ 2,092,646 is appropriated to the department of health for the blueprint for health of which $899,641 is from the general fund and $1,193,005 is from the Global Commitment fund.
(b) In fiscal year 2006, $972,982 in general funds is appropriated to the agency of human services - Global Commitment on a one-time basis to fund the blueprint for health.
Sec. 115c. COMMISSIONER OF HEALTH
(a) Notwithstanding the maximums stated in 32 V.S.A. § 1003(b)(1), the maximum hiring rate and maximum salary for the health commissioner is $150,000.
Sec. 116. 18 V.S.A. § 117 is added to read:
§ 117. CHRONIC FATIGUE SYNDROME
(a) The commissioner of health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.
(b) The department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome. The informational packet shall be based upon the publication “A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome” published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections. The department shall distribute the informational packet to all primary care physicians in the state, and it shall be available on the department of health’s website. The informational packet may contain any other information that the commissioner of health deems necessary and shall be revised by the department when new information about chronic fatigue syndrome becomes available. The department shall publicize the informational packet and make it widely available to the public.
Sec. 117. Health - health protection
Personal services 3,282,307
Operating expenses 768,200
Grants 1,689,500
Total 5,740,007
Source of funds
General fund 238,513
Special funds 904,000
Global Commitment fund 55,093
Federal funds 4,239,401
Interdepartmental transfer 303,000
Total 5,740,007
Sec. 118. Health - health surveillance
Personal services 9,523,745
Operating expenses 2,845,354
Grants 2,606,982
Total 14,976,081
Source of funds
General fund 3,601,147
Special funds 1,307,500
Global Commitment fund 1,183,573
Federal funds 8,809,317
Permanent trust funds 10,000
Interdepartmental transfer 64,544
Total 14,976,081
(a) The amount of $335,000 of the above general fund/Global Commitment fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services. It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state funding sources. The department of health AIDS program shall meet at least quarterly with the HIV/AIDS service advisory committee (HASAC) with current information and data relating to service initiatives. The funds shall be allocated as follows:
(1) AIDS Project of Southern Vermont - $72,000
(2) ACORN - $30,000
(3) IMANI - $21,000
(4) VT CARES - $147,000
(5) Twin States Network - $30,000
(6) People with AIDS Coalition - $35,000
(b) Of the above federal funds, Ryan White Title II funds for AIDS services and the AIDS Medication Assistance Program shall be distributed in accordance with federal guidelines. These guidelines shall not apply to programming funded by state general funds.
(c) The amount of $140,000 of the above general fund appropriation shall be used for assistance to individuals in the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, and nutritional supplements. These funds may not be used for any administrative purposes by the department of health or by any other state agency or department. Any remaining AMAP general funds at the end of the fiscal year shall be distributed to Vermont AIDS service organizations in the same proportions as those outlined under subsection (a) of this section.
(d) The amount of $100,000 of the above general fund appropriation shall be appropriated to the Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which is currently not supported by federal funds due to federal restrictions. These funds shall be used for HIV/AIDS prevention purposes, including, but not limited to, improving the availability of confidential and anonymous HIV testing; prevention work with at-risk groups such as women, intravenous drug users, and people of color; anti-stigma campaigns; and promotion of needle exchange programs. No more than 15 percent of the funds may be used for the administration of such services by the recipients of these funds. The method by which these prevention funds shall be distributed shall be determined by mutual agreement of the department of health, AIDS service organizations, HASAC, and the community planning group (CPG). The department of health AIDS program shall be guided and advised by HASAC and CPG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds.
(e) The secretary of human services shall immediately notify the joint fiscal committee if, at any time, there are insufficient funds in AMAP to assist all eligible individuals. The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the general assembly can take action.
(f) The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be comprised of no less than 50 percent of members who are living with HIV/AIDS. The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements, and eligibility for the program.
(g) Of the above appropriation, $50,000 is allocated for the advance directive registry.
Sec. 119. Health - health improvement
Personal services 7,659,905
Operating expenses 1,051,300
Grants 11,012,449
Total 19,723,654
Source of funds
General fund 571,675
Special funds 392,500
Tobacco fund 3,185,982
Global commitment fund 7,243,951
Federal funds 8,322,546
Interdepartmental transfer 7,000
Total 19,723,654
(a) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match federal National Health Service Corps loan repayment funds, local funds, or private funds and shall be deposited into the loan repayment fund established under 18 V.S.A. § 10a or for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program and the nursing incentive loan program.
(b) The above tobacco fund appropriation and $543,696 in Global Commitment funds in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:
(1) community-based programs - $1,023,624;
(2) media and public education - $1,007,799;
(3) tobacco cessation programs - $1,290,255; these funds may also be used to provide tobacco cessation counseling services to persons incarcerated in Vermont correctional facilities, and $80,000 shall be used to make nicotine replacement therapies available to all persons enrolled in tobacco cessation counseling; and $15,000 shall be granted to the Washington county mental health agency for a special cessation program.
(4) surveillance and evaluation activities - $333,000;
(5) statewide provider education - $75,000.
(c) Of the above general fund/Global Commitment appropriation, $250,000 shall be granted to the area health education center (AHEC) to support the work and infrastructure of the statewide AHEC network to ensure an adequate and appropriate health care workforce, to bring quality improvement programs to health care professionals, and to create partnerships across community‑based health care services to improve health care access and integration.
(d) Any funds not expended by the AHEC during fiscal years 2006 and 2007 shall be carried forward to be available for use in subsequent fiscal years. The AHEC will provide the department of health with a final progress report and financial report detailing the unexpended funds to be carried forward at the close of each fiscal year.
(e) Of the above appropriation, $160,000 is for development and implementation of a patient safety surveillance and improvement system established pursuant to 18 V.S.A. § 1912. In addition, the department of health, with assistance from the department of banking, insurance, securities and health care administration, shall collect and utilize for such purposes the sum of $40,000 to be contributed from hospitals licensed in Vermont.
(f) Of the above appropriation, $880,000 shall be deposited into the Vermont educational loan repayment fund and used for the purposes of loan repayment for health care providers and health care educators pursuant to 18 V.S.A. § 10a.
(g) Of the above appropriation, $80,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program and nursing incentive loan program.
(h) Of the above appropriation, $200,000 is for federally qualified health center (FQHC) look-alike uncompensated care pool funds.
(i) Of the above appropriation, $1,090,000, which includes $500,000 of federal substance abuse grant funds, is for the coordinated healthy activity, motivation, and prevention programs to be used for community wellness grants awarded pursuant to 18 V.S.A. § 104b.
Sec. 120. Health - community public health
Personal services 12,543,385
Operating expenses 2,145,389
Grants 19,948,030
Total 34,636,804
Source of funds
General fund 2,122,308
Special funds 3,231,400
Global Commitment fund 15,032,280
Federal funds 14,135,816
Interdepartmental transfer 115,000
Total 34,636,804
Sec. 121. Health - alcohol and drug abuse programs
Personal services 9,228,703
Operating expenses 1,130,648
Grants 20,420,145
Total 30,779,496
Source of funds
General fund 3,370,025
Special funds 195,500
Tobacco fund 2,382,834
Global Commitment fund 15,235,609
Federal funds 9,445,528
Interdepartmental transfer 150,000
Total 30,779,496
(a) For the purpose of meeting the need for outpatient substance abuse services when the preferred provider system has a waiting list of five days or more or there is a lack of qualified clinicians to provide services in a region of the state, a state-qualified alcohol and drug abuse counselor may apply to the department of health, division of alcohol and drug abuse programs, for time-limited authorization to participate as a Medicaid provider to deliver clinical and case coordination services, as authorized.
(b)(1) In accordance with federal law, the division of alcohol and drug abuse programs may use the following interim criteria to determine whether to enroll a state-supported Medicaid and uninsured population substance abuse program in the division’s network of designated providers, as described in the state plan:
(A) The program’s ability to provide the quality, quantity, and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the commission of accreditation of rehabilitation facilities, the joint commission on accreditation of health care organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in this subdivision (1) of this subsection are satisfied.
(C) All programs shall continue to fulfill grant or contract agreements.
(2) The provisions of subdivision (1) of this subsection shall not preclude the division’s “request for bids” process.
(c) Of the above interdepartmental transfer, $150,000 shall be used to support the gambling addiction program.
(d) Of the funds appropriated above, $110,000 shall be used for drug court programs in Bennington, Chittenden, and Rutland counties. The sum of $35,000 is allocated for Chittenden County to be used for court coordination. The sum of $25,000 is allocated for Rutland County to be used for treatment, case management, court coordination, and screening services as needed. The sum of $25,000 is allocated for Bennington County for court coordination, and an additional $25,000 is allocated for Bennington County to be used for case management, treatment, and screening services as needed.
(e) The Bennington County Drug Court committee shall report to the joint fiscal committee at its September meeting as to the continuation of a drug court or domestic violence court in Bennington County. No more than one-quarter of the funds allocated for Bennington County in subsection (d) of this section may be expended prior to the report to the joint fiscal committee. If a drug or domestic violence court is not going to go forward, then the unexpended funds shall be redirected to substance abuse prevention and treatment in Bennington County.
(f) The department of health shall be advised by an executive council of Vermont’s recovery center network on an ongoing basis to prioritize service and funding needs for recovery centers, to assist with the review of recovery center funding proposals, and to provide recommendations for disbursement of funds to the recovery centers and their support needs. This executive council will consist of 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.
Sec. 122. Health - mental health
Personal services 4,245,156
Operating expenses 645,735
Grants 113,908,703
Total 118,799,594
Source of funds
General fund 884,623
Global Commitment fund 112,938,232
Federal funds 4,976,739
Total 118,799,594
(a) Of the above appropriation, $70,000 shall be used to maintain the Burlington downtown outreach program to develop a model program for expansion to other areas of the state.
(b) The amount of $600,000 in general funds appropriated to the division of mental health in fiscal 2006 shall revert to the general fund at the close of fiscal year 2006.
Sec. 123. Health - Vermont state hospital
Personal services 17,362,523
Operating expenses 1,342,956
Grants 3,000
Total 18,708,479
Source of funds
General fund 18,298,479
Special funds 110,000
Interdepartmental transfer 300,000
Total 18,708,479
Sec. 124. Sec. 113c of No. 71 of the Acts of 2005 is amended to read:
Sec. 113c. SUNSET
(a) The amendments in Secs. 113a
and 113b shall terminate on July 1, 2006 2007 and 13 V.S.A. §
4815(b) and (g) shall revert to the prior statutory text.
Sec. 125. Health - medical practice board
Personal services 466,127
Operating expenses 316,700
Total 782,827
Source of funds
Special funds 782,827
Sec. 126. Department for children and families - administration & support services
Personal services 27,880,515
Operating expenses 4,947,217
Grants 1,506,998
Total 34,334,730
Source of funds
General fund 11,066,492
Global Commitment fund 8,842,574
Federal funds 13,515,108
Interdepartmental transfer 910,556
Total 34,334,730
(a) Of the above appropriation, $14,000 in general funds shall be provided as a grant to the Vermont girl scouts for a program enabling girl scouts and their siblings to visit mothers in prison
Sec. 127. Article 8 is added to Title 15A to read:
ARTICLE 8 – INTERSTATE COMPACTS ON ADOPTION AND MEDICAL ASSISTANCE
§ 8-101. INTERSTATE COMPACTS ON ADOPTION AND MEDICAL
ASSISTANCE; AUTHORIZATION
(a) The commissioner of the department for children and families is authorized to negotiate and enter into interstate compacts with agencies of other states for the provision of medical assistance and other services for children with special needs on behalf of whom adoption assistance is being provided by the state of Vermont or another state party to such a compact and who move into or from Vermont.
(b) As used in this article, “state” includes a state, territory, possession, or commonwealth of the United States. Compacts authorized by this article must include:
(1) a provision making it available for joinder by all states;
(2) a provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one year between the date of the notice and the effective date of the withdrawal;
(3) a requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;
(4) a requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance; and
(5) such other provisions as may be appropriate to implement the proper administration of the compact.
(c) The commissioner shall designate a compact administrator and deputies, as deemed necessary, who shall have authority to develop rules to be adopted to effectuate the terms and provisions of compacts entered into under the authority of this article.
Sec. 128. Department for children and families - family services
Personal services 19,332,140
Operating expenses 2,932,379
Grants 65,473,894
Total 87,738,413
Source of funds
General fund 26,044,388
Special funds 1,306,152
Tobacco fund 75,000
Global Commitment fund 33,968,173
Federal funds 26,344,700
Total 87,738,413
Sec. 129. Department for children and families - child development
Personal services 2,793,150
Operating expenses 762,969
Grants 46,918,030
Total 50,474,149
Source of funds
General fund 20,049,881
Special funds 1,230,722
Global Commitment fund 1,532,093
Federal funds 27,435,701
Interdepartmental transfer 225,752
Total 50,474,149
Sec. 130. Department for children and families - office of child support
Personal services 8,778,807
Operating expenses 2,880,818
Total 11,659,625
Source of funds
General fund 1,908,463
Special funds 455,718
Federal funds 9,188,344
Interdepartmental transfer 107,100
Total 11,659,625
Sec. 131. 15 V.S.A. § 658(f) is added to read:
(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for the individual’s contribution to the insurance or health benefit plan premium is five percent or less of the parent’s gross income. The court, in its discretion, retains the right to order a parent to obtain medical coverage even if the cost exceeds five percent of the parent’s gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to section 659 of this title.
(2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income toward the cost of health care coverage of a child under public or private health insurance or a health benefit plan. A cash contribution under this section shall be considered child support for tax purposes. When calculating the contribution of a parent whose child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur, the court shall not order a contribution greater than the premium amount charged by the agency of human services for the child’s coverage.
Sec. 132. PUBLIC ASSISTANCE
(a) The department for children and families shall not include cash contributions for medical support under subsection 658(f) of Title 15 as income in determining eligibility or benefit levels for Reach Up, child subsidies, or other public assistance programs if permitted under federal law.
Sec. 133. Department for children and families - office of economic opportunity
Personal services 202,462
Operating expenses 85,023
Grants 5,129,551
Total 5,417,036
Source of funds
General fund 985,725
Special funds 57,340
Federal funds 4,122,898
Interdepartmental transfer 251,073
Total 5,417,036
(a) Of the above general fund appropriation, $485,000 shall be granted to community agencies for homeless assistance by preserving existing services or increasing services or increasing resources available statewide. These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds. Grant decisions shall be made with assistance from the coalition of homeless Vermonters.
Sec. 134. Department for children and families - OEO - weatherization assistance
Personal services 154,488
Operating expenses 129,950
Grants 7,735,000
Total 8,019,438
Source of funds
Special funds 6,741,517
Federal funds 1,277,921
Total 8,019,438
(a) Of the above special fund appropriation, $400,000 is for the replacement and repair of home heating equipment.
(b) On or before January 30 of each year, the office of economic opportunity shall make a report to the house and senate committees on appropriations utilizing existing resources within state government available in the office of economic opportunity’s weatherization data management system that compiles performance data available on households weatherized in the past year to include: 1) number of households weatherized; 2) average program expenditure per household for energy efficiency; 3) average percent energy savings; 4) energy and nonenergy benefits combined; 5) benefits saved for every dollar spent; 6) average savings per unit for heating fuels; 7) gallons of oil saved related to equivalent number of homes heated; 8) projected number of households to be weatherized in the current program year; and 9) projected program expenditures for the current program year ending March 31.
Sec. 135. Department for children and families - Woodside rehabilitation center
Personal services 2,598,093
Operating expenses 471,125
Total 3,069,218
Source of funds
General fund 3,014,326
Interdepartmental transfer 54,892
Total 3,069,218
Sec. 136. Department for children and families - disability determination services
Personal services 3,587,857
Operating expenses 558,389
Total 4,146,246
Source of funds
Federal funds 3,899,729
Interdepartmental transfer 246,517
Total 4,146,246
Sec. 137. Department for children and families - aid to aged, blind and disabled
Personal services 1,365,966
Grants 9,597,469
Total 10,963,435
Source of funds
General fund 3,629,932
Global Commitment fund 7,333,503
Total 10,963,435
Sec. 137a. GENERAL ASSISTANCE BENEFITS; FLEXIBILITY PILOT
PROGRAM
(a) Commencing with state fiscal year 2007 and for a period of up to three years, the agency of human services may establish a pilot assistance program within the general assistance program to create flexibility to provide these general assistance benefits. The purpose of the pilot program is to mitigate poverty and serve applicants more effectively than currently served with the same amount of general assistance funds. The pilot program shall operate consistent within existing statutes and rules except that it may grant exceptions to this program’s eligibility rules and may create programs and services as alternatives to these rules during the period of the pilot program.
(b) The agency shall engage interested parties in the design and implementation of the pilot program. The interested parties involved may include both statewide groups and local agencies and groups in the districts where the pilot programs are expected to be implemented.
(c) The pilot program may operate in up to three districts designated by the secretary of human services. This program will be budget neutral. For each district in which the agency operates the program, it shall establish procedures for evaluating the pilot and its effects. The agency shall report annually to the general assembly on its findings from the programs and recommendations for changes in the general assistance program and a plan for further implementation of the program.
Sec. 138. Department for children and families - general assistance
Grants 4,376,259
Source of funds
General fund 2,514,939
Global Commitment fund 750,000
Federal funds 1,111,320
Total 4,376,259
Sec. 139. DEPARTMENT FOR CHILDREN AND FAMILIES – GENERAL
ASSISTANCE
(a) Of the appropriation in Sec. 138 of this act, $527,000 in federal TANF funds is allocated to the department for children and families to provide families with rental or mortgage arrearage assistance under section 2114 of Title 33 and under the current criteria for the program existing as of May 1, 2006 until the rules implementing section 2114 of Title 33 are completed. An additional $50,000 in general funds is allocated in fiscal year 2007 for assistance under category II of the current criteria.
(b) Of the appropriation in Sec. 138 of this act, an amount not to exceed $150,000 ($75,000 in federal TANF and $75,000 in general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum.
(c) Assistance under this section is not an entitlement and shall cease upon expenditure of these allocated funds.
Sec. 140. 33 V.S.A. § 2114 is added to read:
§ 2114. RENTAL OR MORTGAGE ARREARAGE PROGRAM
(a) The department for children and families shall provide up to three months of rental or mortgage arrearage assistance to eligible families. Assistance under this section is not an entitlement and shall be limited to the funds appropriated.
(b) For the purposes of this section:
(1) “Disability” means:
(A) that an individual is receiving Medicaid, disability insurance benefits under the Social Security Act (SSI or SSDI), or Medicare based on a determination of disability;
(B) a physical or mental impairment that substantially limits one or more major life activities of the individual or a record of such an impairment; or
(C) a physical or mental impairment that prevents an individual from working for at least 30 days as verified by a signed statement from a physician or licensed practitioner.
(2) “Extraordinary event” means a serious situation, occurrence, or emergency that either:
(A) happens unexpectedly and demands immediate attention, including an unanticipated need for a work-related expense necessary to preserve employment or for housing expenses required to remove life-threatening hazards or to keep the home habitable; or
(B) leads to additional expenses or loss of income which could not have been prevented by the family, including a death or illness of a family member.
(3) “Gross housing expenses” includes the family’s rent or mortgage, insurance that is required as part of the mortgage, property taxes, condominium fees, and utility costs, including fuel, electricity, water, basic telephone service, and sewer, but excluding television service.
(4) “Income” shall be calculated using the emergency assistance rules, including the rules relating to deductions and exemptions.
(c) A family is eligible if:
(1) the family includes at least one dependent child;
(2)(A) the family is in imminent danger of losing its housing due to circumstances that could not reasonably have been avoided, including:
(i) the rent or mortgage payments were not made because the family experienced an extraordinary event that appropriately required the use of the funds;
(ii) a family member has a disability which contributed to the circumstances that could not reasonably have been avoided and resulted in the rent or mortgage payments not being made; or
(iii) the family’s essential expenses exceeded the family’s income or the family’s gross housing expenses were equal to or greater than 60 percent of the family’s income; or
(B) the family is likely to be eligible for temporary housing assistance, and payment under this section would be more cost-effective than providing temporary housing;
(3) the payment of all or a portion of that arrearage will prevent, not merely postpone, homelessness;
(4) the family has received a notice of rental termination for nonpayment of rent or a sworn statement of the amount of rent owed from the landlord, or a mortgage demand notice from the mortgage holder;
(5) the landlord or mortgage holder agrees to terminate any action intended to evict or otherwise cause the family to relocate as a result of the payment and agrees not to reinstitute such action on the basis of obligations remaining as of the date of payment; and
(6) the family meets all other criteria for emergency assistance, except that prior receipt of emergency assistance for another purpose shall not disqualify the family for assistance under this section. Assistance under this section shall be available not more than once every 12 months.
Sec. 141. LEGISLATIVE INTENT
(a) Between February 1 and 15, 2007, the department shall file proposed rules necessary to administer Sec. 140 of this act with the joint legislative committee on administrative rules. The department shall engage interested parties, including the Vermont coalition to end homelessness, the Vermont low income advocacy council, and the Vermont affordable housing coalition, prior to filing the proposed rules.
(b) The department for children and families shall continue to provide rental or mortgage arrearage assistance under the current rules until such time as the rules implementing Sec. 140 of this act are final.
(c) It is the intent of the general assembly to provide temporary housing and rental or mortgage arrearage assistance to families having a genuine need that could not reasonably have been anticipated or avoided in a cost-effective way that strives to prevent homelessness. To further this goal, the rental or mortgage arrearage assistance program should be available to families when receipt of assistance is likely to prevent the family’s loss of housing and subsequent use of hotels as temporary housing, and available for families having individuals with disabilities who have challenges in accessing the program through current criteria.
Sec. 142. [DELETED]
Sec. 143. Department for children and families - reach up
Grants 41,996,096
Source of funds
General fund 12,808,023
Special funds 2,200,000
Global Commitment fund 25,500
Federal funds 26,962,573
Total 41,996,096
Sec. 144. Department for children and families - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 10,146,117
Total 10,256,117
Source of funds
Special funds 10,256,117
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.
(b) It is the intent of the general assembly that LIHEAP benefits cover 62 percent of the average estimated heating costs.
Sec. 145. HOME HEATING FUEL ASSISTANCE/LIHEAP
(a) All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in fiscal year 2007 and all unexpended LIHEAP funds granted to the state in fiscal year 2006 are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under 33 V.S.A. chapter 26.
(b) For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2006 and program administration, the commissioner of finance and management shall transfer $2,550,000 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available. An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received. Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2006-2007 crisis set-aside and seasonal home heating fuel assistance through December 31, 2006, and LIHEAP funds awarded as of December 31, 2006 for fiscal year 2007 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2007. Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available, except that for fuel assistance payments made through December 31, 2006, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.
Sec. 146. Department for children and families - food stamp cash out
Grants 7,178,725
Source of funds
Federal funds 7,178,725
Sec. 147. TANF EXEMPTION
(a) The commissioner may exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2007.
Sec. 148. Department for children and families - children’s trust fund
Grants 340,891
Source of funds
General fund 100,651
Special funds 70,000
Federal funds 170,240
Total 340,891
Sec. 149. Disabilities, aging, and independent living - administration & support
Personal services 22,413,228
Operating expenses 3,696,610
Total 26,109,838
Source of funds
General fund 6,154,846
Special funds 686,875
Global Commitment fund 5,574,969
Federal funds 11,361,149
Interdepartmental transfer 2,331,999
Total 26,109,838
Sec. 149a. Sec. 1a of No. 56 of the Acts of 2005 is amended to read:
Sec. 1a. TASK FORCE ON THE FUTURE SUSTAINABILITY OF
NURSING HOMES
(a) It is the intent of the general assembly that the department of disabilities, aging, and independent living collaborate with nursing homes, residential care homes, assisted living residences, home health agencies, area agencies on aging, and adult day providers to develop a long-range plan to address the sustainability of Vermont’s long-term care system.
(b) The commissioner of disabilities,
aging, and independent living shall convene a task force to assist the
commissioner in developing statewide recommendations on the future of nursing
homes, including the Vermont Veterans’ Home, in Vermont. The recommendations
shall address the transition issues for nursing homes as more individuals use
home- and community-based long-term care services, how nursing homes can
convert the services offered to provide long-term care services differently,
unmet needs for nursing home services for individuals, accessibility for
individuals with disabilities in nursing homes, an annual projection of the
number of nursing home beds to meet the projected need over the next 10 years
reported by region, the development of adequate home- and community-based
services to support increased numbers of Vermonters receiving that type of
care, whether indexing is an appropriate method of sustainable funding for
home- and community-based services, and the methods which nursing homes can
use to become more resident-centered in the provision of long-term care. The
task force shall include representatives from providers of long-term care and
organizations representing individuals receiving long-term care. The
department of disabilities, aging, and independent living shall
chair the task force and shall provide administrative support. The
department of aging and independent living shall report to the house committee
on human services and the senate committee on health and welfare on the
recommendations developed under this section by January 15, 2007. One member of the house, to be appointed by the speaker of the house, and
one member of the senate, to be appointed by the committee on committees, shall
be included in this task force and are authorized to attend up to four meetings
outside the legislative session. Legislative members of the task force shall
be entitled to compensation and reimbursement for expenses under section 406 of
Title 2.
(c) The commissioner of disabilities, aging, and independent living shall convene a second task force to analyze Medicaid reimbursement rates for nursing homes. The task force shall include three representatives of the Vermont health care association, one each representing for-profit, not‑for‑profit, and independently owned facilities; the director of the office of Vermont health access or designee; and the director of the division of rate setting in the agency of human services. This task force shall coordinate as necessary with the task force developed under subsection (b) of this section. This task force shall make recommendations on changes to the rules, methods, standards, and principles for establishing Medicaid payment rates for long‑term care facilities in order to meet the protocols and objectives of the Choices for Care Medicaid Waiver Section 1115. Of the appropriation in Sec. 149 of this act, a total of $25,000 in funding is provided for this purpose. These funds shall be matched by the Vermont health care association.
(d) The department of disabilities, aging, and independent living shall report to the house committee on human services and the senate committee on health and welfare on the recommendations developed under this section by January 15, 2007. The commissioner shall review and seek comments from each task force on the report and recommendations required by this section prior to filing the report with the legislature.
Sec. 150. Disabilities, aging, and independent living - advocacy and independent living
Grants 21,632,428
Source of funds
General fund 10,520,276
Special funds 50,000
Global Commitment fund 3,063,510
Federal funds 7,921,642
Interdepartmental transfer 77,000
Total 21,632,428
(a) Certification of adult day providers shall require a demonstration that the new program is filling an unmet need for adult day services in a given geographic region.
(b) Distribution of base funds for adult day services shall be according to a formula that has been mutually agreed upon by the department and the Vermont association of adult day services (VAADS).
Sec. 151. ATTENDANT CARE SERVICES; WAITING LIST
(a) The department of disabilities, aging, and independent living shall assess what criteria would be most equitable for placing an individual on the waiting list for attendant care services. In addition to the current first-come, first-served basis, the department shall consider alternative criteria for placing individuals on the waiting list. No later than January 15, 2007, the department shall submit a report including the criteria considered, its analysis of the issues, and its recommendations for the criteria to be used to the house committee on human services and the senate committee on health and welfare.
Sec. 152. Disabilities, aging, and independent living - blind and visually impaired
Grants 1,417,110
Source of funds
General fund 364,064
Special funds 215,000
Global Commitment fund 250,000
Federal funds 588,046
Total 1,417,110
Sec. 153. Disabilities, aging, and independent living - vocational rehabilitation
Grants 5,736,907
Source of funds
General fund 1,599,195
Federal funds 3,688,325
Interdepartmental transfer 449,387
Total 5,736,907
Sec. 154. Disabilities, aging, and independent living - TBI home - and community-based waiver
Grants 2,993,010
Source of funds
Global Commitment fund 2,993,010
Sec. 155. Disabilities, aging, and independent living - developmental services
Grants 117,490,715
Source of funds
General fund 281,964
Special funds 185,463
Global Commitment fund 116,698,893
Federal funds 324,395
Total 117,490,715
Sec. 156. Corrections - administration
Personal services 2,065,241
Operating expenses 316,087
Total 2,381,328
Source of funds
General fund 2,316,328
Federal funds 65,000
Total 2,381,328
Sec. 157. Corrections - parole board
Personal services 299,753
Operating expenses 65,555
Total 365,308
Source of funds
General fund 365,308
Sec. 158. Corrections - correctional education
Personal services 3,263,380
Operating expenses 343,662
Total 3,607,042
Source of funds
General fund 3,209,892
Interdepartmental transfer 397,150
Total 3,607,042
Sec. 159. Corrections - correctional services
Personal services 70,894,459
Operating expenses 26,853,973
Grants 2,064,500
Total 99,812,932
Source of funds
General fund 94,516,613
Special funds 547,919
Tobacco fund 87,500
Global Commitment fund 2,750,144
Federal funds 1,829,710
Interdepartmental transfer 81,046
Total 99,812,932
(a) Of the above general fund appropriation, $97,000 shall be used as a grant to Dismas House of Vermont, Inc.
(b) Sec. 16(a) of No. 63 of the Acts of 2005, stated the “intent of the general assembly that the department develop and sustain new models of supportive, transitional housing.” Such a model is the Northern Lights Project, which was developed by a consortium of groups in Chittenden County to meet the needs of women offenders returning to the community. Another such model is the Dismas II Project, also developed by a consortium of groups in Chittenden County to meet the needs of both men and women offenders returning to the community.
(c) It is the intent of the general assembly that should the Northern Lights and Dismas II Projects become established and operational during fiscal year 2007, as determined by the commissioner, that no less than $225,000 shall be used for the purpose of operating the Northern Lights Project, and that no less than $110,000 shall be used for the purpose of operating the Dismas II Project. If the commissioner determines that the programs will not be operational during fiscal year 2007, the funds shall be used to support other transitional housing priorities.
(d) The department of corrections shall work with the members of both the Northern Lights and Dismas II Consortia to ensure that sufficient operating revenue for these projects shall be sustained and available throughout their existence. The department of corrections shall develop a plan to provide full funding, starting in fiscal year 2008, for the operating expenses of both projects. In developing its plan, the department shall consult with the consortium of agencies sponsoring the two projects. The department shall submit a written report with its recommendations to the house and senate committees on appropriations and institutions by January 15, 2007.
(e) Funds appropriated in this section for the cognitive self-change program shall be used to establish a two-year domestic violence pilot program in at least one correctional facility. The pilot program would include tracking offenders for at least three years after release to record recidivism rates relative to violent crimes. In addition, the department shall augment the content of the current cognitive self-change programming by including a domestic violence component.
(f) Of the above appropriation, $60,000 is for presentence investigations required pursuant to H.856 of 2006. If the costs of this activity are anticipated to exceed $60,000, the department shall seek additional resources and not reallocate resources from community supervision or corrections programs.
(g) The department shall allocate at least $20,000 for transitional services in Bennington County.
(h) Notwithstanding any other provision of law, the unused balance of the $50,000 appropriation made to the department of corrections pursuant to Sec. 11 of No. 79 of the Acts of 2005 may be transferred to and used by the department of sheriffs and state’s attorneys for the purpose of funding the psychosexual evaluation authorized by section 204a of Title 28.
Sec. 159a. Corrections - correctional services - out-of-state beds
Operating expenses 8,020,247
Source of funds
General fund 8,020,247
Sec. 160. Sec. 142a(a) of No. 71 of the Acts of 2005, as amended by Sec. 47 of No. 93 of the Acts of 2006, is further amended to read:
(a) It is the intent of the
general assembly that should the projected need for out-of-state beds be
reduced from the amount budgeted at any time during any fiscal year and this
need is expected to remain at or below this new level for at least 12 months,
the resources within the correctional services budget that would have been used
for out-of-state bed capacity be reallocated first to community supervision to
create and fill at least five community supervision positions including
caseworkers and community corrections officers for each 50 bed reduction in
long term projected out-of-state bed need and second that the remainder
of the savings be used to fund department of corrections priorities as
determined by the commissioner of corrections. Projections of out-of-state
bed need for at least the subsequent 12 months shall be made by the department
of corrections for presentation at each meeting to the legislative joint
corrections oversight committee.
Sec. 161. Corrections - correctional facilities - recreation
Personal services 603,012
Operating expenses 473,986
Total 1,076,998
Source of funds
General fund 75,000
Special funds 1,001,998
Total 1,076,998
Sec. 161a. 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
approved items not available on commissary by the department to
inmates 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. 162. Corrections - Vermont offender work program
Personal services 1,363,572
Operating expenses 1,959,040
Total 3,322,612
Source of funds
Internal service funds 3,322,612
Sec. 163. Vermont veterans’ home - care and support services
Personal services 12,927,871
Operating expenses 3,123,419
Total 16,051,290
Source of funds
Special funds 10,193,494
Global Commitment fund 913,047
Federal funds 4,944,749
Total 16,051,290
(a) It is the intent of the general assembly that if Global Commitment fund monies are unavailable, the total funding for the Vermont veterans’ home shall be maintained through the general fund or other state funding sources.
Sec. 164. Commission on women
Personal services 201,837
Operating expenses 59,650
Total 261,487
Source of funds
General fund 256,487
Special funds 5,000
Total 261,487
Sec. 165. Retired senior volunteer program
Grants 131,096
Source of funds
General fund 131,096
Sec. 166. Total human services 2,334,471,503
Source of funds
General fund 485,036,701
Special funds 55,098,746
Tobacco fund 25,643,048
Global Commitment fund 759,799,535
State health care resource fund 153,932,688
Federal funds 837,650,659
Permanent trust funds 10,000
Internal service funds 3,322,612
Interdepartmental transfer 13,977,514
Total 2,334,471,503
Sec. 167. Labor - programs
Personal services 19,264,611
Operating expenses 4,136,325
Grants 1,560,293
Total 24,961,229
Source of funds
General fund 2,119,812
Special funds 2,529,209
Federal funds 18,315,506
Interdepartmental transfer 1,996,702
Total 24,961,229
Sec. 168. Labor - administration
Personal services 2,603,442
Operating expenses 697,451
Total 3,300,893
Source of funds
General fund 190,408
Special funds 377,442
Federal funds 2,385,907
Interdepartmental transfer 347,136
Total 3,300,893
Sec. 169. Labor - domestic and sexual violence survivors’ transitional employment program
Grants 10,000
Source of funds
Special funds 10,000
(a) Any funds appropriated in fiscal year 2006 for the domestic and sexual violence survivors’ transitional employment program shall be carried forward into fiscal year 2007.
Sec. 170. Total labor 28,272,122
Source of funds
General fund 2,310,220
Special funds 2,916,651
Federal funds 20,701,413
Interdepartmental transfer 2,343,838
Total 28,272,122
Sec. 171. Education - finance and administration
Personal services 4,619,254
Operating expenses 1,623,008
Grants 14,505,600
Total 20,747,862
Source of funds
General fund 3,389,969
Special funds 14,924,219
Federal funds 1,614,782
Global Commitment fund 811,775
Interdepartmental transfer 7,117
Total 20,747,862
(a) In the event that the threshold for incentive payments under 16 V.S.A. § 2959a(d) is reached in fiscal year 2006, the incentive payments are part of the grants amount authorized in this section.
Sec. 172. Education - education services
Personal services 13,438,400
Operating expenses 2,026,972
Grants 112,160,397
Total 127,625,769
Source of funds
General fund 7,735,593
Transportation fund 127,483
Special funds 2,128,058
Federal funds 117,452,874
Interdepartmental transfer 181,761
Total 127,625,769
(a) Of the above general fund appropriation, $20,000 shall be used to provide matching awards to a Vermont student or groups of students who have won the right to participate in a national level academic program or competition through outstanding performance or through winning of a statewide academic competition. The award shall be for the purpose of assisting the student or students to participate in the national academic competition or program. The commissioner shall establish basic criteria for the awards and shall have sole discretion in making the awards; however, no single award shall be greater than $5,000 for each school and the award shall be matched on a dollar-for-dollar basis.
Sec. 173. Education - technical education
Grants 10,598,329
Source of funds
Education fund 10,598,329
(a) The appropriation in this section shall be authorized notwithstanding 16 V.S.A § 1564.
Sec. 174. Education - special education: formula grants
Grants 125,280,000
Source of funds
Education fund 125,050,000
Global Commitment fund 230,000
Total 125,280,000
(a) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $3,075,559 shall be used by the department of education in fiscal year 2007 as funding for 16 V.S.A. § 2967(b)(2)–(6). In addition to funding for 16 V.S.A. § 2967(b)(2)–(6), up to $157,532 may be used by the department of education for its participation in the higher education partnership plan.
Sec. 175. Education - state-placed students
Grants 14,416,000
Source of funds
Education fund 14,416,000
(a) The Independence Place program of the Lund family center shall be considered a 24-hour residential program for the purposes of reimbursement of education costs.
Sec. 176. Education - adult education and literacy
Grants 3,701,017
Source of funds
General fund 2,717,398
Federal funds 983,619
Total 3,701,017
Sec. 177. Education - adjusted education payment
Grants 1,018,388,625
Source of funds
Education fund 1,018,388,625
(a) Of the above appropriation, $100,000 may be used for payments to school districts to assist them with newly settled refugee students.
Sec. 177a. FISCAL YEAR 2006 ADJUSTMENT; ADJUSTED EDUCATION
PAYMENT
(a) Of the $966,000,000 appropriated in Sec. 162 of No. 71 of the Acts of 2005, $100,000 may be used for payments to school districts to assist them with newly settled refugee students.
Sec. 178. Education - essential early education grant
Grants 4,838,045
Source of funds
Education fund 4,838,045
Sec. 179. Education - transportation
Grants 13,978,220
Source of funds
Education fund 13,978,220
Sec. 180. Education - small school grants
Grants 5,360,000
Source of funds
Education fund 5,360,000
Sec. 181. Education - capital debt service aid
Grants 380,000
Source of funds
Education fund 380,000
Sec. 182. Education - tobacco litigation
Personal services 130,133
Operating expenses 17,752
Grants 847,783
Total 995,668
Source of funds
Tobacco fund 995,668
Sec. 183. Education - Act 117 cost containment
Personal services 1,030,687
Operating expenses 117,081
Grants 91,000
Total 1,238,768
Source of funds
Special funds 1,238,768
(a) Notwithstanding any other provisions of law, expenditures made from this section shall be counted under 16 V.S.A. § 2967(b) as part of the state’s 60 percent of the statewide total special education expenditures of funds which are not derived from federal sources.
Sec. 184. [DELETED]
Sec. 185. FUND APPROPRIATION AND TRANSFER
(a) Notwithstanding 16 V.S.A. § 4025(a)(2), there is appropriated in fiscal year 2007 from the general fund for transfer to the education fund the amount of $268,720,000.
Sec. 186. State teachers’ retirement system
Personal services 19,745,437
Operating expenses 798,923
Grants 24,446,729
Total 44,991,089
Source of funds
General fund 24,446,729
Pension trust funds 20,544,360
Total 44,991,089
(a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of annual contribution to the Vermont state teachers’ retirement system shall be $24,446,729 in fiscal year 2007.
(b) Pursuant to the recommendations of the 2005 commission on funding the Vermont state teachers’ retirement system, it is the intent of the general assembly to appropriate the actuarially required contributions necessary to fund an adequate, sustainable, and actuarially sound retirement benefit plan for Vermont teachers by combining annual increases in base spending and surplus revenues as they may be available, so that the full actuarial recommendation will be funded in base appropriations by fiscal year 2010.
Sec. 187. TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a) The amount of $3,213,378 in education funds is appropriated in fiscal year 2007 to implement the provisions of 32 V.S.A. §§ 4041a(a), relating to payments to municipalities for reappraisal costs, and 5405(f), relating to payments of $1.00 per grand list parcel.
Sec. 188. Tax department - property tax assistance
Grants 118,450,000
Source of funds
General fund 2,250,000
Education fund 116,200,000
Total 118,450,000
Sec. 189. Total general education and property tax assistance
1,782,922,770
Source of funds
General fund 309,259,689
Transportation fund 127,483
Education fund 1,312,422,597
Special funds 18,291,045
Tobacco fund 995,668
Global commitment fund 1,041,775
Federal funds 120,051,275
Pension trust funds 20,544,360
Interdepartmental transfer 188,878
Total 1,782,922,770
Sec. 190. University of Vermont
Grants 40,842,201
Source of funds
General fund 36,971,519
Global Commitment fund 3,870,682
Total 40,842,201
(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the 15th of each calendar month of the year.
(b) Of the above appropriation, $382,719 shall be transferred to EPSCoR for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.
(c) It is the intent of the general assembly that if Global Commitment fund monies are unavailable, the total grant funding for the University of Vermont shall be maintained through the general fund or other state funding sources.
Sec. 191. University of Vermont - Morgan horse farm
Grants 5,200
Source of funds
General fund 5,200
Sec. 192. Vermont public television
Grants 596,785
Source of funds
General fund 596,785
Sec. 193. Vermont state colleges
Grants 23,330,193
Source of funds
General fund 23,330,193
(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont State Colleges on or about the 15th of each calendar month of the year.
(b) Of the above appropriation, $431,548 shall be transferred to the Vermont manufacturing extension center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.
Sec. 194. Vermont state colleges - allied health
Grants 1,033,268
Source of funds
General fund 641,570
Global Commitment fund 391,698
Total 1,033,268
(a) It is the intent of the general assembly that if Global Commitment fund monies are unavailable, the total grant funding for the Vermont state colleges shall be maintained through the general fund or other state funding sources.
Sec. 195. Vermont interactive television
Grants 847,944
Source of funds
General fund 847,944
Sec. 196. Vermont student assistance corporation
Grants 18,481,892
Source of funds
General fund 18,481,892
(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, 100 percent of grants shall be used for direct student aid.
Sec. 197. New England higher education compact
Grants 80,000
Source of funds
General fund 80,000
Sec. 198. Total higher education and other 85,217,483
Source of funds
General fund 80,955,103
Global Commitment fund 4,262,380
Total 85,217,483
Sec. 199. Natural resources - agency of natural resources - administration
Personal services 4,620,324
Operating expenses 1,776,469
Grants 31,500
Total 6,428,293
Source of funds
General fund 4,748,336
Special funds 1,069,206
Federal funds 434,000
Interdepartmental transfer 176,751
Total 6,428,293
Sec. 199a. AGENCY OF NATURAL RESOURCES; COMPENSATION
ALTERNATIVES
(a) Consistent with its restructuring efforts, the agency shall propose to the general assembly during the 2008 budget process alternatives that would compensate the agency for its scientific and legal work associated with Act 250 and Section 248 reviews for which it is currently unreimbursed.
Sec. 200. Connecticut river watershed advisory commission
Grants 38,000
Source of funds
General fund 38,000
Sec. 201. Citizens’ advisory committee on Lake Champlain’s future
Personal services 3,600
Operating expenses 3,900
Total 7,500
Source of funds
General fund 7,500
Sec. 202. Natural resources - state land local property tax assessment
Operating expenses 1,574,000
Source of funds
General fund 1,312,500
Interdepartmental transfer 261,500
Total 1,574,000
Sec. 203. Green up
Grants 6,948
Operating expenses 10,550
Total 17,498
Source of funds
General fund 6,948
Special funds 10,550
Total 17,498
Sec. 204. Fish and wildlife - support and field services
Personal services 9,847,289
Operating expenses 4,229,867
Grants 446,140
Total 14,523,296
Source of funds
General fund 2,099,779
Fish and wildlife fund 12,406,014
Interdepartmental transfer 17,503
Total 14,523,296
(a) Of the above appropriation, $10,000 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. 204a. FISH HATCHERIES; RENEWABLE ENERGY SOURCES
OPPORTUNITIES
(a) The secretary of the agency of natural resources is directed to investigate opportunities for utilizing renewable energy sources at the fish hatcheries, including wind-generated energy and biomass, in an effort to reduce energy costs at the hatcheries.
Sec. 205. Fish and wildlife - watershed improvement
Grants 75,000
Source of funds
Fish and wildlife fund 75,000
Sec. 206. Forests, parks and recreation - administration
Personal services 873,790
Operating expenses 604,341
Grants 2,216,100
Total 3,694,231
Source of funds
General fund 1,023,231
Special funds 1,466,000
Federal funds 1,205,000
Total 3,694,231
Sec. 207. Forests, parks and recreation - forestry
Personal services 4,533,422
Operating expenses 616,312
Grants 288,000
Total 5,437,734
Source of funds
General fund 3,644,935
Special funds 360,000
Federal funds 1,200,000
Interdepartmental transfer 232,799
Total 5,437,734
Sec. 208. Forests, parks and recreation - state parks
Personal services 4,870,037
Operating expenses 2,199,350
Grants 5,000
Total 7,074,387
Source of funds
General fund 993,987
Special funds 6,080,400
Total 7,074,387
Sec. 209. Forests, parks and recreation - lands administration
Personal services 533,420
Operating expenses 231,111
Total 764,531
Source of funds
General fund 539,531
Special fund 145,000
Federal funds 50,000
Interdepartmental transfer 30,000
Total 764,531
Sec. 210. Forests, parks and recreation - youth conservation corps
Personal services 388,775
Operating expenses 9,593
Grants 450,000
Total 848,368
Source of funds
General fund 50,000
Special funds 454,368
Federal funds 94,000
Interdepartmental transfer 250,000
Total 848,368
Sec. 211. Forests, parks and recreation - forest highway maintenance
Personal services 222,978
Operating expenses 301,000
Total 523,978
Source of funds
General fund 523,978
Sec. 212. Environmental conservation - management and support services
Personal services 2,931,319
Operating expenses 887,118
Grants 84,000
Total 3,902,437
Source of funds
General fund 1,310,330
Special funds 679,476
Federal funds 993,471
Interdepartmental transfer 919,160
Total 3,902,437
Sec. 213. Environmental conservation - air and waste management
Personal services 7,056,543
Operating expenses 6,176,683
Grants 1,709,000
Total 14,942,226
Source of funds
General fund 815,555
Special funds 11,137,141
Federal funds 2,815,544
Interdepartmental transfer 173,986
Total 14,942,226
Sec. 214. 10 V.S.A. § 6603i(a) is amended to read:
(a) The secretary is authorized to
award grants to municipalities and solid waste management districts for the
portion of the cost of closure of unlined landfills receiving municipal solid
waste located within the municipality or district. These grants shall be
available to assist in the closure of any existing unlined landfills, accepting
solid waste as of the effective date of this act, which are required to
close in accordance with subsection 6605a(c) of this title or section 6605c of
this title, or to assist in the closure of unlined landfills which ceased
accepting solid waste prior to the effective date of this act, as defined by
rule of the secretary.
Sec. 215. Environmental conservation - office of water programs
Personal services 12,629,486
Operating expenses 2,215,066
Grants 2,891,036
Total 17,735,588
Source of funds
General fund 6,828,890
Special funds 3,916,462
Federal funds 6,523,436
Interdepartmental transfer 466,800
Total 17,735,588
(a) Notwithstanding 3 V.S.A. § 2805, in fiscal year 2006, $260,000 shall be transferred from the environmental permit fund to the general fund, while $350,000 is maintained in the fund at the close of the fiscal year.
(b) The commissioner shall 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 river corridor management plans outlined in the clean and clear program.
Sec. 216. Environmental conservation - tax-loss-Connecticut River flood control
Operating expenses 40,000
Source of funds
Special funds 40,000
Sec. 217. Natural resources board
Personal services 2,304,259
Operating expenses 444,350
Total 2,748,609
Source of funds
General fund 1,058,883
Special funds 1,689,726
Total 2,748,609
Sec. 218. Total natural resources 80,375,676
Source of funds
General fund 25,002,383
Fish and wildlife fund 12,481,014
Special funds 27,048,329
Federal funds 13,315,451
Interdepartmental transfer 2,528,499
Total 80,375,676
Sec. 219. Commerce and community development - agency of commerce and community development - administration
Personal services 1,369,681
Operating expenses 524,064
Grants 300,000
Total 2,193,745
Source of funds
General fund 2,193,745
Sec. 220. Housing and community affairs
Personal services 2,479,313
Operating expenses 347,147
Grants 4,207,227
Total 7,033,687
Source of funds
General fund 1,509,648
Special funds 3,844,469
Federal funds 1,614,570
Interdepartmental transfer 65,000
Total 7,033,687
(a) Of the above appropriation, no less than $60,000 in general funds shall be granted to the Champlain Valley office of economic opportunity’s mobile home project for the “First Stop” program, which provides assistance to mobile home residents statewide.
Sec. 221. Historic sites - operations
Personal services 615,472
Operating expenses 284,540
Total 900,012
Source of funds
General fund 483,919
Special funds 372,000
Interdepartmental transfer 44,093
Total 900,012
Sec. 222. Historic sites - special improvements
Personal services 129,160
Operating expenses 1,025,614
Total 1,154,774
Source of funds
Special funds 50,000
Federal funds 396,220
Interdepartmental transfer 708,554
Total 1,154,774
Sec. 223. Community development block grants
Grants 7,446,530
Source of funds
Federal funds 7,446,530
(a) Community development block grants will carry forward until expended.
(b) Community development block grant (CDBG) funds shall be expended in accordance with and in the order of the following priorities:
(1) The greatest priority for the use of CDBG funds will be the creation and retention of affordable housing and jobs.
(2) The overarching priority and fundamental objective in the use of funds for all affordable housing is to achieve perpetual affordability through the use of mechanisms that produce housing resources that will continue to remain affordable over time. It is the goal of the state to maintain at least 45 to 55 percent of CDBG funds for affordable housing applications.
(3) Among affordable housing applications, the highest priorities are to preserve and increase the supply of affordable family housing, to reduce and strive to eliminate childhood homelessness, and to serve families and individuals at or below 30 percent of HUD Area Median Income and people with special needs as described in the Consolidated Plan. Housing for seniors should be considered a priority when it meets clear unmet needs in the region for the lowest income seniors.
(4) Projects which address the ongoing deterioration of the existing housing stock through acquisition, preservation, and rehabilitation of units shall comply with housing quality standards with priority given to lead hazard reduction and energy efficiency.
(5) Preference shall be given to projects that maintain the historic settlement pattern of compact village and downtown centers separated by a rural working landscape. Funds generally should not be awarded to projects that promote or constitute sprawl, defined as dispersed development outside of compact urban and village centers, along highways, and in rural countryside.
(c) Up to $750,000 may be set aside for brownfield sites after submission of a plan to the joint fiscal committee.
Sec. 224. Downtown transportation and capital improvement fund
Personal services 40,000
Grants 760,000
Total 800,000
Source of funds
Special funds 800,000
Sec. 225. Economic development
Personal services 1,936,584
Operating expenses 650,206
Grants 1,675,349
Total 4,262,139
Source of funds
General fund 3,573,344
Special funds 490,325
Federal funds 198,470
Total 4,262,139
(a) Of the above appropriation, $25,000 shall be used to support the employee ownership center.
(b) Of the above appropriation, at least $1,040,742 shall be granted to regional development corporations.
Sec. 225a. UNIFIED ECONOMIC DEVELOPMENT BUDGET
(a) The commissioner of finance and management shall submit a proposal to create a unified economic development budget to the general assembly together with the FY 2008 budget report of the governor required under 32 V.S.A. § 306. Said proposal shall be submitted to the house and senate committees on appropriations, the house committees on ways and means and commerce, and the senate committees on finance and economic development, housing and general affairs on or before January 15, 2007.
(b) The unified economic development budget shall include all of the types of development assistance granted during the prior fiscal year by all agencies and departments of the state, specifically including the agency of commerce; the agency of agriculture, food and markets; the department of labor; and the department of taxes.
(c) The unified development budget shall specifically include:
(1) The aggregate amount and program-specific amounts of uncollected or diverted state tax revenues resulting from each type of development assistance provided in the tax statutes, as reported on tax returns filed during the fiscal year to the department of taxes and on the expenditure report required by 32 V.S.A. § 302.
(2) The aggregate amount and program-specific amounts of all state economic development assistance, including grants, loans, and tax expenditures.
(3) Performance measurements in terms of jobs created, payroll increases or decreases, and other measures of economic advancement.
Sec. 226. Vermont training program
Personal services 134,375
Operating expenses 20,636
Grants 1,486,789
Total 1,641,800
Source of funds
General fund 1,606,800
Special funds 35,000
Total 1,641,800
Sec. 227. Tourism and marketing
Personal services 1,717,814
Operating expenses 2,486,686
Grants 142,000
Total 4,346,500
Source of funds
General fund 4,346,500
Sec. 228. Vermont life
Personal services 736,256
Operating expenses 113,300
Total 849,556
Source of funds
Enterprise funds 849,556
Sec. 229. Vermont council on the arts
Grants 529,618
Source of funds
General fund 529,618
Sec. 230. Vermont symphony orchestra
Grants 118,780
Source of funds
General fund 118,780
Sec. 231. Vermont historical society
Grants 733,393
Source of funds
General fund 733,393
Sec. 232. Vermont housing and conservation board
Grants 24,551,195
Source of funds
Special funds 14,630,883
Federal funds 9,920,312
Total 24,551,195
(a) As required by 10 V.S.A. § 321(b), the housing and conservation board shall expend HOME funds solely for the development of perpetually affordable housing and to leverage additional funds for such purpose.
Sec. 233. [DELETED]
Sec. 234. Vermont humanities council
Grants 180,599
Source of funds
General fund 180,599
Sec. 235. Total commerce and community
Development 56,742,328
Source of funds
General fund 15,276,346
Special funds 20,222,677
Federal funds 19,576,102
Enterprise funds 849,556
Interdepartmental transfer 817,647
Total 56,742,328
Sec. 236. TRANSPORTATION
(a) Transportation fund appropriations made available for the agency of transportation in cooperation with the federal government shall be available until expended and shall not revert.
(b) The commissioner of finance and management shall maintain and control transportation appropriations in separate state and federal appropriations, as needed, and may incur overdrafts in personal services and operating expenses pending distribution of payroll and employee charges to other appropriations.
Sec. 237. Transportation - finance and administration
Personal services 8,879,959
Operating expenses 2,127,950
Total 11,007,909
Source of funds
Transportation fund 10,573,406
Federal funds 434,503
Total 11,007,909
Sec. 238. Transportation - aviation
Personal services 1,115,720
Operating expenses 10,074,880
Grants 160,000
Total 11,350,600
Source of funds
Transportation fund 2,195,350
Federal funds 9,155,250
Total 11,350,600
Sec. 239. Transportation - buildings
Personal services 133,000
Operating expenses 568,000
Total 701,000
Source of funds
Transportation fund 637,000
Federal funds 64,000
Total 701,000
Sec. 240. Transportation - program development
Personal services 35,463,202
Operating expenses 130,662,679
Grants 35,727,282
Total 201,853,163
Source of funds
Transportation fund 37,933,711
Local match 732,978
Federal funds 160,786,424
Interdepartmental transfer 2,400,050
Total 201,853,163
Sec. 241. Transportation - rest areas
Personal services 100,000
Operating expenses 3,341,146
Total 3,441,146
Source of funds
Transportation fund 383,117
Federal funds 3,058,029
Total 3,441,146
Sec. 242. Transportation - maintenance state system
Personal services 32,043,294
Operating expenses 27,941,800
Grants 368,000
Total 60,353,094
Source of funds
Transportation fund 57,446,094
Federal funds 2,907,000
Total 60,353,094
Sec. 243. Transportation - policy and planning
Personal services 4,969,906
Operating expenses 964,875
Grants 4,690,227
Total 10,625,008
Source of funds
Transportation fund 2,597,643
Federal funds 7,887,365
Interdepartmental transfer 140,000
Total 10,625,008
Sec. 244. Transportation - rail
Personal services 4,911,881
Operating expenses 12,466,427
Grants 4,720,000
Total 22,098,308
Source of funds
Transportation fund 8,979,308
Federal funds 13,119,000
Total 22,098,308
Sec. 245. Transportation - bridge maintenance
Operating expenses 8,340,679
Source of funds
Transportation fund 2,028,959
Local match 50,000
Federal funds 6,261,720
Total 8,340,679
Sec. 246. Transportation - public transit
Personal services 516,238
Operating expenses 69,450
Grants 17,037,070
Total 17,622,758
Source of funds
Transportation fund 6,016,646
Federal funds 11,606,112
Total 17,622,758
Sec. 247. Transportation - central garage
Personal services 3,198,783
Operating expenses 11,309,386
Total 14,508,169
Source of funds
Internal service funds 14,508,169
(a) Notwithstanding 19 V.S.A. § 13(c), $1,400,000 of the above appropriation is appropriated from the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A. § 13(b).
Sec. 248. Department of motor vehicles
Personal services 13,580,740
Operating expenses 7,050,064
Grants 311,300
Total 20,942,104
Source of funds
Transportation fund 19,617,251
Federal funds 1,324,853
Total 20,942,104
Sec. 249. Transportation - town highway structures
Grants 3,494,500
Source of funds
Transportation fund 3,494,500
Sec. 250. Transportation - town highway emergency fund
Grants 1,250,000
Source of funds
Transportation fund 1,250,000
Sec. 251. Transportation - town highway Vermont local roads
Grants 375,000
Source of funds
Transportation fund 235,000
Federal funds 140,000
Total 375,000
Sec. 252. Transportation - town highway class 2 roadway
Grants 5,748,750
Source of funds
Transportation fund 5,748,750
Sec. 253. Transportation - town highway bridges
Personal services 3,650,000
Operating expenses 23,659,491
Grants 525,000
Total 27,834,491
Source of funds
Transportation fund 3,493,170
Local match 2,261,145
Federal funds 22,080,176
Total 27,834,491
Sec. 254. Transportation - town highway aid program
Grants 24,982,744
Source of funds
Transportation fund 24,982,744
(a) Notwithstanding 19 V.S.A. § 306(a), the above appropriation is authorized.
Sec. 255. Transportation - town highway class 1 supplemental grants
Grants 128,750
Source of funds
Transportation fund 128,750
Sec. 256. Transportation - municipal mitigation grant program
Grants 2,000,700
Source of funds
Transportation fund 196,707
Federal funds 1,803,993
Total 2,000,700
Sec. 257. Transportation - public assistance grant program
Grants 200,000
Source of funds
Federal funds 200,000
Sec. 258. Transportation board
Personal services 70,800
Operating expenses 13,800
Total 84,600
Source of funds
Transportation fund 84,600
Sec. 259. Discretionary spending
Operating expenses 5,215,534
Source of funds
Transportation funds 3,569,924
Federal funds 1,645,610
Total 5,215,534
(a) Notwithstanding 32 V.S.A. § 706, the secretary of transportation, with the approval of the secretary of administration, may transfer amounts appropriated under this section to another appropriation of the agency of transportation authorized by this act and as authorized by H.869 of the 2006 session.
Sec. 260. Total transportation 454,159,007
Source of funds
Transportation fund 191,592,630
Local match 3,044,123
Federal funds 242,474,035
Internal service funds 14,508,169
Interdepartmental transfer 2,540,050
Total 454,159,007
Sec. 261. Debt service
Debt service 69,130,821
Source of funds
General fund 64,549,851
Transportation fund 2,086,135
Special funds 2,494,835
Total 69,130,821
Sec. 262. Total debt service 69,130,821
Source of funds
General fund 64,549,851
Transportation fund 2,086,135
Special funds 2,494,835
Total 69,130,821
Sec. 263. RELATIONSHIP TO EXISTING LAWS
(a) Except as specifically provided, this act shall not be construed in any way to negate or impair the full force and effect of existing laws.
Sec. 264. OFFSETTING APPROPRIATIONS
(a) In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated.
Sec. 265. FEDERAL FUNDS
(a) In fiscal year 2007 the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal funds available to the state of Vermont including block grants in lieu of or in addition to funds herein designated as federal. The governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made.
(b) If during fiscal year 2007, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2006 session of the Vermont general assembly are converted into block grants or are abolished under their current title in federal law and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated. The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval. Notice shall be given to the joint fiscal committee without delay if the governor is intending to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor’s request for approval.
Sec. 266. DEPARTMENTAL RECEIPTS
(a) All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds:
Connecticut river flood control
Public service department ‑ sale of power
Department of taxes ‑ unorganized towns and gores
(b) Notwithstanding any other provision of law, departmental indirect cost recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department. All recoveries not so authorized shall be covered into the general fund, or, for agency of transportation recoveries, the transportation fund.
Sec. 267. NEW POSITIONS
(a) Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal year 2007, except for new positions authorized by the 2006 session. Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.
Sec. 268. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) Notwithstanding Sec. 273 of No. 122 of the Acts of 2004, and Sec. 253(c) of No. 71 of the Acts of 2005, this act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax. Expenditures from these appropriations shall not exceed available revenues:
(1) The sum of $300,960 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program. Notwithstanding 32 V.S.A. § 9610(c), amounts above $300,960 from the property transfer tax that are deposited into the property valuation and review administration special fund shall be transferred into the general fund.
(2) The sum of $13,763,883 is appropriated from the Vermont housing and conservation trust fund to the Vermont housing and conservation trust board. Notwithstanding 10 V.S.A. § 312, amounts above $13,763,883 from the property transfer tax that are deposited into the Vermont housing and conservation trust fund shall be transferred into the general fund.
(3) The sum of $4,116,847 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,116,847 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The $4,116,847 shall be allocated as follows:
(A) $2,881,792 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);
(B) $823,369 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);
(C) $411,685 to the Vermont center for geographic information.
(b) Property transfer tax revenues in fiscal year 2007 shall be distributed pursuant to 32 V.S.A §§ 435(b)(10) and 9610(c), 10 V.S.A. § 312, and 24 V.S.A. § 4306(a) and transferred into the general fund consistent with the provisions of subsection (a) of this section, except that any property transfer tax revenues above $40,200,000, not to exceed $3,500,000, shall be deposited into the Vermont housing and conservation trust fund and appropriated to the Vermont housing and conservation trust board.
(c) In fiscal year 2008, the appropriations in subdivisions (a)(1)-(3) of this section shall increase by at least 4.5 percent.
Sec. 269. TRANSPORTATION FUND TRANSFER
(a) The amount of $800,000 is transferred from the transportation fund to the downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund.
Sec. 270. Sec. 10(a)(2)(A) of No. 66 of the Acts of 2005 is amended to read:
(A) From the general fund for the
fiscal year beginning July 1, 2005, $4,019,782.00 and for the fiscal year
beginning July 1, 2006, $7,581,008.00 $3,800,000.00.
Sec. 271. FISCAL YEAR 2006 GENERAL FUND APPROPRIATIONS
AND TRANSFERS
(a) In fiscal year 2006, the following amounts are appropriated or transferred from the general fund:
(1) $610,000 appropriated to the department of education for transfer to the department of corrections as needed for special education program expenses.
(2) $7,000,000 appropriated to the department of education for state aid for school construction projects pursuant to 16 V.S.A. § 3448.
(3) $1,000,000 appropriated to the department of buildings and general services for the agency of human services for continued planning, design, and permitting associated with creating a new inpatient facility to replace the current Vermont state hospital.
(4) $350,000 transferred to the environmental contingency fund established in 10 V.S.A. § 1283.
(5) $110,000 transferred to the waste management assistance fund created in 10 V.S.A. § 6618.
(6) $375,000 appropriated to the secretary of state for costs of the 2006 biennial elections.
(7) $400,000 appropriated to the department of economic development for the Vermont training program.
(8) $271,000 and any additional matching funds to the office of alcohol and drug abuse programs for school-based student assistance professionals.
(9) $250,000 to the department for children and families for direct grants to service organizations that provide mentoring services, including “Big Brother” and “Big Sister” programs. The department shall report to the joint fiscal committee on the status of the distribution of these funds at its September 2006 meeting.
Sec. 271a. VERMONT TAX STUDY
(a) The joint fiscal office, with assistance from the staff of the legislative council, under the direction of the joint fiscal committee, shall conduct a study of Vermont state taxes.
(b) The study shall:
(1) Analyze historical trends since 1995 in Vermont taxes as compared to other states, and compare the percentage of Vermont revenue from each state-level source to the percentage of revenue from each state-level source in other states;
(2) Analyze state tax burdens per capita, per income level, on typical Vermont families of a variety of incomes, and on typical Vermont business enterprises of a variety of sizes and types, and analyze trends in the taxpayer revenue base; and
(3) Review the simplicity, equity, stability, predictability and performance of the Vermont personal and corporate income tax, sales tax, rooms and meals tax, business franchise taxes, insurance premium taxes, and education property tax.
(c) Based upon the data resulting from the study in subsection (b) of this section, the joint fiscal office shall, as part of the study or separately, prepare a review of:
(1) alternative top personal income tax rates for Vermont, based upon possible changes to income brackets and tax rates below the marginal rate;
(2) taxes in which broadening the base would allow a reduction in rate or rates, and possible options for achieving this; and
(3) the future Vermont economic and demographic trends, and implications for Vermont’s tax structure as regards revenue, equity, and competitiveness.
(d) The Vermont department of taxes shall cooperate with and provide assistance as needed to the joint fiscal office. The study, including recommendations for further research or analysis, shall be submitted to the joint fiscal committee by December 15, 2006. Funding of $30,000 is provided in Sec. 272 of this act for consultant assistance, data analysis, and other expenses related to this study.
Sec. 271b. LONG-TERM ECONOMIC DEVELOPMENT PLANNING
(a) 32 V.S.A. § 5930j(b) is amended to read:
(b) The economic progress council shall advise the governor and the general assembly on long-term economic development planning.
* * *
(2) In fulfilling its economic development planning responsibilities, the council shall:
(A) Conduct a planning process that is open and inclusive, with broad-based public engagement ensuring participation that is demographically and geographically representative of the state and includes input from a wide range of perspectives, expertise, and interests, including the general assembly, state agencies and the administration, regional and local planning and development organizations, municipalities, the private sector, and business organizations, including owners, knowledgeable in the areas of economic interest such as agriculture, social and human services, energy, education, child care, environmental issues, science and technology, arts and culture, transportation, telecommunications, housing, workforce development, and tourism and recreation.
(B) Build a plan by coordinating and considering existing economic development information and strategic plans produced by other organizations and agencies, such as regional economic development strategic plans, comprehensive economic development strategies (CEDS), legislative initiatives, and research and reports by organizations such as the Vermont business roundtable, Workforce Development Council, the Vermont council on rural development, the Vermont technology council, the Vermont sustainable jobs fund, and the university of Vermont.
(C) Include an examination of the issues critical to encouraging business to develop in Vermont, including workforce development, development of higher education institutions, infrastructure development, quality of life issues, and tax policy.
(D) Discuss and develop possible working definitions of the creative economy in the state, identifying and aggregating the creative, artistic, inventive, and cultural enterprises, and other sectors of the economy including media design, sustainable technologies, added value manufacturing, natural resource industries, and environmental technologies that comprise part of the state’s creative technology. Review possible measures and indicators of economic benefit, costs, and contributions to the state from the creative economy sector.
(E) Include the development of a meaningful benchmark process that sets economic development goals appropriate for Vermont and measures the State’s position relative to those goals.
(F) The Vermont Economic Progress Council needs to make recommendations to the legislature recommending legislation and resource allocation in a climate of limited resources.
(3) The
council shall submit a biennial report to the governor and the general
assembly on or before December 15 May 1, beginning in the year 2004
2007, and on or before December 15 for each subsequent even year
with its recommendations for implementing the state’s long-term economic
development planning agenda. Such recommendations shall contain short-term-medium
term and long-term goals, and anticipated budgets, evaluation
mechanisms, and proposals for legislation where necessary.
(c) The amount of $60,000 is provided in Sec. 272 of this act to fund economic planning including creative economy development as outlined in this section.
Sec. 271c. TRANSPORTATION FUND ADJUSTMENTS
(a) If the July 2006 official forecast for transportation fund revenue indicates that use of the transportation fund budget stabilization reserve will be necessary to meet proposed spending in fiscal year 2007, the secretary of administration shall develop a list of projects for cancellation to restore the reserve to its statutory level. The list shall be submitted to the joint fiscal committee by September 1, 2006. The list shall be reviewed by a special committee consisting of the chairs and vice chairs of the committees on transportation and the members of the joint fiscal committee, meeting on the same day as the September joint fiscal committee meeting.
Sec. 271d. LAMOILLE VALLEY RAIL TRAIL
(a) The federal earmark for development of the railbanked Lamoille Valley rail corridor recreational trail shall be classified and administered by the agency of transportation as an enhancement project under 23 U.S.C. § 101(a)(35) subject to terms and conditions of that classification except as follows:
(1) In-kind services and donations, including credit for volunteer labor, equipment, and operator time donated by private individuals, nonprofit organizations, and governmental entities, shall be allowed and may be used for any match requirements within FHWA regulations.
(2) Contractors that are not on the VTRANS preapproved list but are judged to be a responsible bidder under FHWA guidelines shall be eligible for project-related work.
(3) Project funds may be used on construction, reconstruction, restoration, and maintenance on trails as authorized by FHWA.
Sec. 272. Act 93 of 2006 is amended by striking out Sec. 70 in its entirety and inserting in lieu thereof the following:
Sec. 70. FISCAL YEAR 2006 DESIGNATED GENERAL FUND
BALANCE (WATERFALL)
(a) At the close of fiscal year 2006, the fiscal year 2006 unreserved and undesignated general fund balance on a budgetary basis, as determined by the commissioner of finance and management on July 31, 2006, shall be reserved in the general fund stabilization reserve to the extent necessary to attain its statutory maximum.
(b) The following amounts shall be reserved for fiscal year 2007 spending:
(1) To the extent additional funds are available, $10,180,000 shall be reserved for fiscal year 2007 spending in the general fund surplus reserve established in 32 V.S.A. § 308c(a).
(2) To the extent additional funds are available and to the extent the official fiscal year 2007 revenue forecast for the available general fund adopted by the emergency board at its July 2006 meeting is less than $1,097,000,000, not including the first $3,500,000 of any increase attributable to the property transfer tax revenue growth, in excess of the official forecast of January 11, 2006, up to an additional $7,000,000 shall be reserved in the general fund surplus reserve for fiscal year 2007 spending to the extent necessary to reach $1,097,000,000.
(c) To the extent additional general funds are available, they are appropriated as follows:
(1) $12,800,000 to the state teachers’ retirement fund. This appropriation shall be made only to the extent necessary to make up the difference from the above amount and the amount appropriated under Sec. 273(a) of this act [fiscal year 2007 contingent appropriation].
(2) $2,500,000 to the secretary of administration to be used for fiscal year 2007 pay act obligations.
(d) To the extent additional general funds are available; they are appropriated or transferred as follows:
(1) $200,000 appropriated to the Vermont State Colleges. The Vermont state colleges shall use the funds they receive under this provision to fund reimbursement to those faculty who contributed to the early retirement program yet will have no eligibility.
(2) $100,000 appropriated to the Vermont State Colleges to be reserved for use as the state’s fiscal year 2007 contribution toward the growth of the endowment fund for the Vermont State Colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed upon between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. By June 30, 2008, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.
(3) $3,000,000 appropriated for “The Next Generation Initiative”; in order to ensure that Vermont’s youth can have access to postsecondary education that provides them the technical skills necessary to thrive in a dynamic global economy and that the technology-based professions for which they have trained will be available in Vermont upon their entrance into the workforce, this appropriation is allocated as follows:
(A) $1,000,000 to the University of Vermont for investment in the research and development of innovative and sustainable technologies that will expand the university’s role in statewide economic development.
(B) $1,000,000 to the Vermont State Colleges to invest in workforce development programs centered upon the innovative and sustainable technologies sector.
(C) $1,000,000 to the Vermont student assistance corporation to invest in programs and other initiatives that encourage Vermont K-12 students to pursue educational opportunities beyond high school.
(4) any transfer to the Vermont postsecondary education fund as provided for in S.312 of 2006.
(e) To the extent additional general funds are available, they are appropriated as follows:
(1) $1,000,000 to the housing and conservation trust fund and appropriated from the housing and conservation trust fund to the housing and conservation trust board for housing.
(2) $50,000 to the Vermont economic development authority to recapitalize the job start fund.
(3) $40,000 to the Vermont council on the arts for a grant to the Vermont museum and gallery alliance to encourage professional practices, foster cooperation, and promote appreciation of the programs and resources of Vermont’s museums, galleries, and historic places.
(4) $70,000 to the agency of commerce and community development to accomplish the planning requirements of S.142 of the 2006. In the event S.142 is not enacted into law this appropriation shall not be made.
(5) $110,000 to the department of economic development of which $75,000 shall be used for grants to the regional development corporations, $10,000 shall be for the north link broadband project, and $25,000 shall be granted to the Southern Windsor County Incubator (SWCI) to continue work in developing a project that will benefit existing local businesses as well as entrepreneurs that will grow some of the future economic base of the region.
(6) $325,000 to the department of tourism and marketing, of which $100,000 shall be used for the Lake Champlain quadricentennial commission, $125,000 for marketing activities, and $100,000 for new cooperative marketing initiatives.
(7) $170,000 to the agency of agriculture, food and markets of which $20,000 shall be for a grant to the Vermont Specialty Food Association to support marketing efforts of Vermont’s specialty food industry, $75,000 shall be granted to the Food Venture Center to be used to support an expansion or relocation of the center, and $75,000 shall be for a grant to the Franklin County Farmers Watershed Alliance for the purpose of an agricultural watershed pilot program.
(8) $25,000 to the department of education for training of food service personnel pursuant to Sec. 4 of H.456 of 2006.
(9) $20,000 to the secretary of state for community development grants, of which $10,000 shall be made available to the Vermont council on rural development to support the capacity of two rural Vermont communities and $10,000 shall be made available to the Vermont alliance of nonprofit organizations (VANPO) to support the training and development of nonprofit and community leaders, managers, and executives. This funding will provide resources to VANPO’s existing technical assistance program for skill-building workshops in Vermont.
(10) $30,000 to the joint fiscal committee for consultant assistance, data analysis, and other expenses related to the study in Sec. 271a of this act.
(11) $60,000 to the Vermont Economic Progress Council to fund economic planning, including creative economy development as outlined in Sec. 271b of this act.
(f) To the extent additional general funds are available, they are appropriated as follows:
(1) $40,000 to the department of public safety for the posttraumatic stress disorder program outlined in No. 112 of the Acts of 2006.
(2) $130,000 to the University of Vermont to support implementation of “The Vermont Approach: A Strategic Plan for Sexual Violence Prevention,” produced by the Vermont network against domestic and sexual violence, the Vermont department of health, and the anti-violence partnership at the University of Vermont. The funds appropriated under this subdivision shall be used to hire a coordinator and to support the statewide project safe choices program, with the goal of beginning a statewide, collaborative, comprehensive approach to ending sexual violence in our communities.
(3) $50,000 to the Vermont human rights commission to provide training and technical assistance to Vermont’s schools to promote compliance with the provisions of No. 91 of the Acts of 2004 relating to harassment.
(4) $535,000 to the judiciary of which $15,000 shall be used to upgrade video conferencing equipment in the Bennington courthouse, $50,000 shall be used to complete the licensing of network devices, $70,000 for a collections manager position or contract, and $400,000 to be used to upgrade the automated case management system. The intent is that this be the first of four or five annual appropriations necessary to complete the upgrade of the automated case management system.
(5) $7,600 to the criminal justice training council for the purchase of mattresses.
(6) $30,000 to the defender general for costs associated with the relocation of offices.
(g) To the extent additional general funds are available, they are appropriated as follows:
(1) $55,000 to office of alcohol and drug abuse programs for distribution to United Counseling Services in Bennington for intensive outpatient services for Vermonters related to the mobile methadone program. This grant is contingent on a mobile methadone program being established in Bennington County. In the event that the mobile methadone program is not created in Bennington County, this appropriation shall not be made.
(2) $50,000 to the department for children and families to be granted to Washington County Youth Services, Inc. to cost share a minimum of five AmeriCorps VISTA members. Said members shall be assigned to mentoring organizations across the state to increase the organizations’ capacities to recruit and retain mentors through activities that may include establishing partnerships with major employers, planning and implementing marketing efforts, and creating systems for more efficient mentoring management.
(3) $411,000 to the department for children and families which shall be allocated as follows:
(A) $75,000 for a grant to the Vermont coalition of teen centers.
(B) $100,000 for a grant to the Vermont adoption consortium.
(C) $11,000 for a grant to the Vermont coalition for homeless and runaway youth program.
(D) $50,000 to the office of economic opportunity, for a grant to the community action agencies for individual development accounts. Any available federal matching funds shall also be granted for this purpose.
(E) $75,000 for the building bright spaces for bright futures fund.
(F) $100,000 for flexible funding.
(4) $155,000 and $95,000 in Global Commitment funds to the department of health for area health education center activities. The language in Sec. 119(c) and (d) of this act applies to this appropriation.
(5) $39,121 and $55,879 in federal funds to the secretary of human services for Global Commitment to fund the global commitment appropriation made in subdivision (4) of this subsection.
(6) $26,767 and $38,233 in federal funds to the secretary of human services for Global Commitment to fund the following global commitment appropriation. The amount of $65,000 is appropriated to the office of Vermont health access from the global commitment fund for a grant to Vermont legal aid to support a health care ombudsman position. The office of the health care ombudsman shall report to the house and senate committees on appropriations by December 15, 2006 on the activities and caseload of this additional ombudsman position.
(7) $576,520 and $823,480 federal funds to the office of Vermont health access for costs under the long-term care portion of Medicaid. Effective for fiscal year 2007 only, the division of rate setting shall amend the rules effective for establishing Medicaid rates for nursing home services to lower the minimum occupancy used in setting the Medicaid rate to 90 percent, excluding nursing costs.
(8) $40,000 to department of disabilities, aging, and independent living to fund a needs assessment as follows:
(A) The commissioner of disabilities, aging, and independent living shall perform a needs assessment regarding present and future workforce issues of direct care workers in Vermont. The assessment shall focus on potential problems regarding quantity, quality, stability, and availability of workers, specifically as they apply to long‑term care services and supports provided to Vermont’s elderly and disabled populations. At a minimum, the assessment shall identify the potential problems and opportunities projected through 2030 and shall include recommendations for addressing these problems in the near and long term. In preparing the assessment, the commissioner shall consult with representatives of the community of Vermont elders (COVE), AARP Vermont, Vermont association of professional care providers (VAPCP), Vermont center for independent living (VCIL), Vermont health care association (VHCA), Vermont association of adult day services (VAADS), Vermont assembly of home health agencies (VAHHA), northern New England association of homes and services for the aging Vermont (NNEAHSA), the workforce development partners (WDP), parent to parent of Vermont (P2PVT), Vermont Refugee Resettlement Program (VRRP) or a similar organization representing Vermont’s refugee and immigrant workforce, the state long-term care ombudsman, developmental service providers, and the commissioner of labor.
(B) The commissioner shall submit a report on the results of the needs assessment and recommendations to the house committee on human services and the senate committee on health and welfare no later than December 30, 2007. No later than January 15, 2007, the commissioner shall submit an interim report to the committees, including an assessment of existing needs and recommendations for short-term strategies to address these needs.
(9) $300,000 to the commission on health care reform established in Sec. 277c of No. 71 of the Acts of 2005, of which up to $200,000 shall be used for contracts related to state health care information technology systems consultation and coordination and related work, and the remainder to carry out the health care oversight responsibilities outlined in Sec. 295(a) of this act.
(h) To the extent additional general funds are available, they are appropriated as follows:
(1) $180,000 shall be appropriated to the department of buildings and general services for a grant for the Shaftsbury landfill.
(2) $150,000 to the agency of natural resources of which $60,000 shall be granted to the Vermont environmental consortium at Norwich University, and $90,000 which shall be used for a study that identifies the unique or particular soils, site or design characteristics of a septic system that works successfully in clay soils and that can potentially operate reliably in other locations or soil conditions. The agency shall submit a report to the general assembly by December 15, 2006.
(3) $35,000 to the department of forests, parks and recreation for a Parks as Destinations study.
(4) $150,000 to the department of environmental conservation for two clean and clear initiatives: $75,000 for research on improving the accounting system for phosphorous reduction from nonpoint source controls and $75,000 for a feasibility study on the treatment of sediments in St. Albans bay to reduce internal loading of phosphorous.
(5) $350,000 to the department of fish and wildlife to complete phase two of the Edward F. Kehoe camp building. This phase will finish the building so that the children’s program will have use of the kitchen and dining hall. Major work will include work on the wastewater system, elevator, site (drainage), interior finishing on the dining hall area, and kitchen equipment.
(6) $15,000 to the youth conservation corps which may be used to support the youth in agriculture program or if unexpended for that program may be used for programs in conjunction with the Vermont old cemetery association for repair and maintenance of old cemeteries.
(i) To the extent additional general funds are available, they are appropriated as follows:
(1) $365,000 to the department of corrections of which $180,000 is to be used for out-of-state bed expenses, $10,000 for the domestic violence program specified in Sec. 159(e) of this act, and $175,000 to provide additional funding for electronic monitoring.
(j) To the extent additional general funds are available, they are appropriated or transferred as follows:
(1) $20,000 is appropriated to the department of libraries for a grant to the federation for the blind for the “newsline” program.
(2) $100,000 is appropriated to the office of military and veterans’ affairs for a grant for the purchase of vans for the disabled American veterans’ transportation network.
(3) $270,000 is appropriated to the department of taxes to fund a contract related to the installation of the corporate tax collections system.
(4) $30,000 is appropriated to the attorney general to reimburse approved legal expenditures of towns currently engaged in litigation with the Washington electric cooperative regarding grand list appeals of the assessment of utility property. It is the intent of the legislature that this be the final state appropriation for this purpose.
(5) $110,000 is appropriated to the legislature for information technology for phase I of the data recovery project.
(6) $250,000 is transferred to the emergency relief and assistance fund, established in 20 V.S.A. § 45.
(7) $4,000,000 is appropriated to the agency of transportation for information technology investments in the department of motor vehicles.
(8) $2,000,000 is transferred to the state health care resources fund established in 33 V.S.A. § 1901d for Global Commitment waiver expenses.
(9) $2,000,000 is transferred to various internal service funds to reduce deficits in those funds as determined by the commissioner of finance and management.
(k) In the event that the emergency board at its July 2006 meeting determines that the projected fiscal year 2006 general fund surplus provides insufficient funds to cover all appropriations and transfers through subdivision (j)(6) of this section, the emergency board shall prorate the appropriations and transfers through (j)(6).
Sec. 273. FISCAL YEAR 2007 CONTINGENT APPROPRIATIONS
(a) To the extent that the official fiscal year 2007 revenue forecast for the available general fund adopted by the emergency board at its July 2006 meeting exceeds $1,097,000,000 not including the first $3,500,000 of any increase attributable to the property transfer tax revenue growth, in excess of the official forecast of January 11, 2006, up to $5,000,000 is appropriated to the state teachers’ retirement system as an additional base fiscal year 2007 appropriation.
Sec. 274. FISCAL YEAR 2007 TOBACCO SETTLEMENT FUND
BALANCE
(a) Notwithstanding 18 V.S.A. § 9502(b), in fiscal year 2007 the balance in the tobacco litigation settlement fund shall remain in the tobacco litigation settlement fund.
Sec. 275. TRANSFER OF TOBACCO TRUST FUNDS
(a) Notwithstanding 18 V.S.A. § 9502(a)(3), at the close of fiscal year 2007, the secretary of administration may transfer funds from the tobacco trust fund to the tobacco litigation settlement fund established in 32 V.S.A. § 435a, in the amount needed to bring the ending balance of the tobacco litigation settlement fund to $0.00 for fiscal year 2007, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2007 under the Master Tobacco Settlement Agreement. Upon release and deposit of the withheld funds into the tobacco litigation settlement fund, an equal amount shall be returned to the tobacco trust fund.
Sec. 276. 18 V.S.A. § 9504 is amended to read:
§ 9504. CREATION OF THE VERMONT TOBACCO EVALUATION AND
REVIEW BOARD
* * *
(b) The board shall consist of 13
14 members, including ex officio the commissioner of health and the
commissioner of education, or their designees; the commissioner of the
department of liquor control or designee; the attorney general or designee;
a member of the house of representatives appointed by the speaker of the house;
a member of the senate appointed by the committee on committees; a member
representing a nonprofit organization qualifying under Section 501(c)(3) of the
Internal Revenue Code and dedicated to anti-tobacco activities appointed by the
speaker of the house; a member representing the low income community appointed
by the senate committee on committees; two persons under the age of 21 30,
one appointed by the speaker of the house and one appointed by the senate
committee on committees; and four members appointed by the governor with the
advice and consent of the senate, including: one K-12 educator involved in
prevention education; one tobacco use researcher; one member representing the
health care community; and one tobacco industry countermarketing expert. The
public members shall serve for three-year terms, beginning on February 1 of the
year in which the appointment is made, except that the first members appointed
by the governor to the board shall be appointed, two for a term of two years,
one for a term of three years and one for a term of four years. Vacancies
shall be filled in the same manner as the original appointment for the
unexpired portion of the term vacated.
* * *
Sec. 277. 16 V.S.A. § 1944(c) is amended to read:
(c) Pension accumulation fund.
* * *
(2) Beginning with the actuarial
valuation as of June 30, 1982 2006, the contributions to be made
to the pension accumulation fund by the state shall be determined on the basis
of the actuarial cost method known as “entry age normal cost with
frozen initial liability.” On account of each member, there shall
be paid annually by the state into the pension accumulation fund a percentage
of the earnable compensation of each member to be known as the “normal
contribution” and an additional percentage of his the member’s earnable
compensation to be known as the “accrued liability contribution.” The rates
percent percentage rate of such contributions shall be fixed on the
basis of the liabilities of the system as shown by actuarial valuation. “Normal
contributions” and “accrued liability contributions” shall be by separate
appropriation in the annual budget enacted by the general assembly.
* * *
(4) The unfunded accrued
liability determined by actuarial valuation as of June 30, 1988 shall be amortized over a period of 30 years beginning July 1, 1988 in accordance with the provisions of this section. Subject to the
approval of the retirement board, the amount of unfunded accrued liability may
be adjusted after 1988 to take account of changes in the actuarial assumptions
used in annual valuations.
(5) Until the unfunded
accrued liability is liquidated, the accrued liability contribution shall be
the annual payment required to liquidate the unfunded accrued liability over a
period of 30 years from July 1, 1982 2006, provided that the
amount of each annual accrued liability contribution after June 30, 2006
shall be five percent greater than the preceding annual accrued liability
contribution. Any variation in the contribution of normal or unfunded
accrued liability contributions from those recommended by the actuary and any
actuarial gains and losses shall be added or subtracted to the unfunded accrued
liability and amortized over the remainder of the 30-year period.
* * *
Sec. 277a. 3 V.S.A. § 473 is amended to read:
§ 473. FUNDS
* * *
(c) Pension accumulation fund.
* * *
(2) Beginning
with the actuarial valuation as of June 30, 1981 2006, the
contributions to be made to the pension accumulation fund by the state shall be
determined on the basis of the actuarial cost method known as “entry age normal
cost with frozen initial liability.” On account of each member there
shall be paid annually into the pension accumulation fund by the state an
amount equal to a certain percentage of the annual earnable compensation of
such member, to be known as the “normal contribution,” and an additional amount
equal to a certain percentage of his annual earnable compensation, to be known
as the “accrued liability.” The rates percent percentage rate of
such contributions shall be fixed on the basis of the liabilities of the
retirement system as shown by actuarial valuation.
* * *
(4) The unfunded accrued liability determined by
actuarial valuation as of June 30,
1988 shall be amortized over a
period of 30 years beginning July
1, 1988 in accordance with the
provisions of this section. Subject to the approval of the retirement board,
the amount of unfunded accrued liability may be adjusted after 1988 to take
account of changes in the actuarial assumptions used in annual valuations.
(4) Until the unfunded accrued liability is liquidated, the accrued liability contribution shall be the annual payment required to liquidate the unfunded accrued liability over a period of 30 years from July 1, 1988, provided that the amount of each annual accrued liability contribution after June 30, 1988 shall be five percent greater than the preceding annual accrued liability contribution. Any variation in the contribution of normal or unfunded accrued liability contributions from those recommended by the actuary and any actuarial gains and losses shall be added or subtracted to the unfunded accrued liability and amortized over the remainder of the 30-year period:
* * *
Sec. 277b. 3 V.S.A. § 523(a) is amended to read:
(a) The Vermont pension investment committee shall only be responsible, consistent with a duly approved asset allocation, for the investment of the assets of the state teachers’ retirement system of Vermont, the Vermont state employees’ retirement system, and the Vermont municipal employees’ retirement system pursuant to section 472 of this title, section 1943 of Title 16, and section 5063 of Title 24. The committee may, in its discretion, subject to approval by the attorney general, also enter into agreements with municipalities administering their own retirement systems to invest retirement funds for those municipal pension plans. The state treasurer shall serve as the custodian of the funds of all three retirement systems.
Sec. 278. 3 V.S.A. § 479a is added to read:
§ 479a. STATE EMPLOYEES’ POSTEMPLOYMENT BENEFITS
PENSION TRUST FUND
(a) An irrevocable “state employees’ postemployment benefits pension trust fund” is hereby created for the purpose of accumulating and providing reserves to fund retiree postemployment benefits for members of the Vermont state employees’ retirement system, excluding pensions and benefits otherwise appropriated by statute.
(b) Into the fund shall be deposited:
(1) All funds remitted to the state as a subsidy on behalf of the members of the Vermont state employees’ retirement system for employer-sponsored qualified prescription drug plans pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003.
(2) Any appropriations by the general assembly to fund retiree postemployment benefits for members of the Vermont state employees’ retirement system.
(c) The pension trust fund shall be administered by the state treasurer. The treasurer may invest monies in the fund in accordance with the provisions of section 434 of Title 32. All balances in the fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the fund. The treasurer’s annual financial report to the governor and the general assembly shall contain an accounting of receipts, disbursements and earnings of the fund.
Sec. 279. 32 V.S.A. § 4465 is amended to read:
§ 4465. APPOINTMENT OF APPRAISER; OATH; PAY
When an appeal to the director is
not withdrawn, the director shall refer the appeal in writing to a person not
employed by the director, appointed by the director as an appraiser. The
director shall have the right to remove an appraiser for inefficiency,
malfeasance in office, or other cause. In like manner, the director shall
appoint an appraiser to fill any vacancy created by resignation, removal or
other cause. Before entering into their duties, persons appointed as
appraisers shall take and subscribe the oath of the office prescribed in the
constitution, which oath shall be filed with the director. The director shall
pay each appraiser a sum not to exceed $80.00 $120.00 per diem
for each day wherein hearings are held, together with reasonable expenses as
the director may determine. An appraiser may subpoena witnesses, records, and
documents in the manner provided by law for serving subpoenas in civil actions
and may administer oaths to witnesses.
Sec. 280. CLEAN ENERGY DEVELOPMENT FUND AMENDMENT
(a) In the event that H.859 of 2006 is not enacted into law, 10 V.S.A. § 6523 is amended to read:
§ 6523. VERMONT CLEAN ENERGY DEVELOPMENT FUND
(a) Creation of fund.
(1) There is established the Vermont clean energy development fund to consist of:
* * *
(d) Expenditures authorized.
(1) This fund shall be
administered by the department of public service to facilitate the development
and implementation of clean energy resources. The fund shall not be used to
meet costs of administration. Monies may be expended from the fund only
as appropriated by the general assembly. Up to five percent of amounts
appropriated to the public service department from the fund may be used for
administrative costs related to the clean energy development fund.
* * *
(4) Projects for funding may include the following:
(A) projects that will sell power in commercial quantities;
(B) among those projects that will sell power in commercial quantities, funding priority will be given to those projects that commit to sell power to Vermont utilities on favorable terms;
(C) projects to benefit publicly owned or leased buildings;
(D) renewable energy projects on farms, which may include any or all costs incurred to upgrade to a three-phase line to serve a system on a farm;
(E) small scale renewable energy
in Vermont residences and businesses; and
(F) projects under the agricultural economic development special account established under 6 V.S.A. § 4710(g) to harvest biomass, convert biomass to energy, or produce biofuel;
(G) until December 31, 2008 only super efficient buildings; and
(H) effective projects that are not likely to be established in the absence of funding under the program.
* * *
Sec. 281. 23 V.S.A. § 3214 is amended to read:
§ 3214. APPROPRIATION ALLOCATION OF FEES AND
PENALTIES;
LIABILITY INSURANCE; AUTHORITY TO CONTRACT FOR
LAW ENFORCEMENT SERVICES
(a) The amount of 85 percent of
the fees and penalties collected under this subchapter, except interest, is
are hereby appropriated allocated to the agency of natural
resources for use by VAST for development and maintenance of the statewide
snowmobile trail program (SSTP), for trails’ liability insurance, and to
contract for law enforcement services with any constable, sheriff’s department,
municipal police department, the department of public safety, and the
department of fish and wildlife for purposes of trail compliance pursuant to
this chapter. The departments of public safety and fish and wildlife are
authorized to contract with VAST to provide these law enforcement services. The
agency of natural resources may retain for its use up to $11,500.00 during each
fiscal year to be used for the oversight of the state snowmobile trail program.
(b) All fees and penalties,
except interest, collected under this subchapter and not appropriated pursuant
to subsection (a) of this section shall be used to purchase trails’ liability
and other related insurance. The department of buildings and general services
shall assist VAST with the procurement of trails liability and other related
insurance. The balance shall be deposited, together with interest accrued, in
the transportation fund.
(c)(b) VAST shall
purchase a trails’ liability insurance policy in the amount of $1,000,000.00. The
state of Vermont shall be named an additional insured. The policy shall extend
to all VAST affiliated snowmobile clubs and their respective employees and
agents to provide for trails’ liability coverage for development and
maintenance of the statewide snowmobile trails program including groomer use
and operation. The department of buildings and general services shall
assist VAST with the procurement of trails liability and other related
insurance.
(d)(c) Nothing
contained in this section shall authorize or create any cause of action to
accrue or to be maintained against the state of Vermont.
(e)(d) Any fees and
penalties appropriated allocated pursuant to subsection (a) of
this section shall not revert but shall be available until spent. Any accrued
interest shall be deposited in the transportation fund.
Sec. 282. 20 V.S.A. § 45 is amended to read:
§ 45. EMERGENCY RELIEF AND ASSISTANCE
(a) If a state of emergency due to
a natural disaster is declared by the governor, the emergency board
established by 32 V.S.A. § 131 may authorize the secretary of
administration to may expend from the emergency relief and
assistance fund such funds necessary to meet match requirements for federal
grants and to award low interest loans and grants to municipalities that
sustain damage to public infrastructure as a result of a natural disaster and
to persons whose homes, farms or businesses are damaged by a natural disaster. Assistance
under this section may supplement assistance provided through federal and local
emergency assistance programs, but eligibility for federal or local assistance
shall not be required for eligibility under this section. Funds utilized under
this section shall be distributed in accordance with criteria and procedures
established by rule by the secretary of administration.
(b) The emergency board established by section 131 of Title 32 may authorize the secretary of administration to expend from the emergency relief and assistance fund an amount not to exceed $1,000,000.00 to avert an emergency natural or otherwise as identified by the board, and to expend from the emergency relief and assistance fund to award low interest loans and grants to municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms, or businesses are damaged by a natural disaster. Assistance under this subsection may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this subsection.
(c) In any fiscal year, the
emergency board may transfer to the emergency relief and assistance fund up to
two percent of the amount of the general fund budget stabilization reserve
established by 32 V.S.A. § 308, which may be expended to provide for emergency
relief and assistance under this section. Upon the occurrence of the
contingencies and conditions set out in subsections (a) and (b) of this
section, such amounts are appropriated and may be expended for this purpose.
(d)(c) There is
created an emergency relief and assistance fund to be administered by the
secretary of administration as a special fund under the provisions of
subchapter 5 of chapter 7 of Title 32. The fund shall contain any amounts
transferred to it under this section or appropriated to it by the
general assembly.
(d) Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the secretary of administration.
(e) Annually, by September 30,
the secretary of administration shall submit to the general assembly a
report detailing any expenditures during the prior fiscal year for disaster
relief and assistance under this section to the general assembly, and
the balance in the emergency relief and assistance fund at the end of that
fiscal year. The status of the fund shall be considered in the development of
proposed adjustments to current year appropriations for submission to the next
session of the general assembly.
Sec. 283. 32 V.S.A. § 585(c) is added to read:
(c) The commissioner shall fully utilize the fund and account structure in the state finance system to manage efficiently dedicated revenues, with the intended result of reducing and limiting the number of separate special funds, while maintaining accountability and segregation of revenues dedicated by statute for specific purposes.
Sec. 284. 32 V.S.A. § 4041a(a) is amended to read:
(a) A municipality shall be paid $8.80
$8.50 per grand list parcel per year, from the equalization and
reappraisal account within the education fund and $8.50 per parcel of this
amount shall be paid to the town, to be used only for reappraisal and costs
related to reappraisal of its grand list properties and for maintenance of the
grand list; and $0.30 per parcel of this amount shall be paid to the lister
training subaccount, to the credit of the town in which the parcel is located.
Additionally, a municipality shall be paid $3.65 per grand list parcel for
the first 100 parcels $0.20 for the next 100 parcels, and $0.01 for all parcels
in excess of 200 from the equalization and reappraisal account within the
education fund, to be used only for costs to acquire assessment education
provided under section 3436 of this title.
Sec. 285. 16 V.S.A. § 4025(c) is amended to read:
(c) An equalization and
reappraisal account is established within the education fund. Moneys from this
account are to be used by the division of property valuation and review to
assist towns with maintenance or reappraisal on a case-by-case basis; and for
reappraisal payments pursuant to section 4041a of Title 32. A lister
training subaccount within the equalization and reappraisal account is
established. Each municipality is authorized to draw from its own portion of
the subaccount such amounts as it determines necessary for lister training, and
shall pay this amount to the director of property valuation and review for
lister training services provided. A municipality may withdraw funds from this
subaccount upon warrants issued by the commissioner of finance and management.
Unused funds in the subaccount at the end of the fiscal year shall revert to
the education fund.
Sec. 286. 24 V.S.A. § 138(d) is amended to read:
(d) Of the taxes reported collected
under this section, 80 percent shall be paid to the municipality in which
they were reported for calendar year 1999, 70 percent shall be paid to the
municipality in which they were reported for calendar years thereafter. Such
revenues may be expended by the municipality for municipal services only and
not for educational expenditures. The remaining amount of the taxes reported
shall be remitted monthly to the state treasurer for deposit in the PILOT
special fund established in Sec. 89 of No. 60 of the Acts of 1997. Amounts to
be paid to a municipality under this section shall be reduced by five percent
to reflect the difference between the amounts reported and collected. Taxes
due to a municipality under this section, less the costs of administration and
collection, shall be paid on a quarterly basis. 70 percent of the
taxes shall be paid on a quarterly basis to the municipality in which they were
collected, after reduction for the costs of administration and collection under
subsection (c) of this section. Revenues received by a municipality may be
expended for municipal services only, and not for education expenditures. Any
remaining revenue shall be deposited into the PILOT special fund established by
32 V.S.A. § 3709.
Sec. 287. 32 V.S.A. chapter 123, subchapter 4B is added to read:
Subchapter 4B. Pilot Special Fund
§ 3709. PILOT SPECIAL FUND
(a) There is hereby established a PILOT special fund consisting of local option tax revenues paid to the treasurer pursuant to 24 V.S.A. § 138. This fund shall be managed by the commissioner of taxes pursuant to subchapter 5 of chapter 7 of this title. Notwithstanding subdivision 588(3) of this title, all interest earned on the fund shall be retained in the fund for use in meeting future obligations. The fund shall be exclusively for payments required under subchapter 4 of chapter 123 of this title, state payment in lieu of property taxes. The commissioner of finance and management may draw warrants for disbursements from this fund in anticipation of receipts.
(b) If the PILOT special fund is insufficient to pay the full amount of all payments in lieu of taxes under subchapter 4 of this chapter, payments, after application of the cap in subsection 3703(c) of this title, shall be reduced proportionately.
Sec. 288. 32 V.S.A. § 168 is amended to read:
§ 168. SINGLE AUDIT REVOLVING FUND
(a) A single audit revolving fund
is established within the state treasury, to be administered by the auditor of
accounts, from which payments may be made for the costs of audits performed
pursuant to section 163(11) subdivisions 163(1) and (11) of this
title. All monies received from charges made for audit services under the
provisions of subsection (b) of this section and sums which may be appropriated
to the fund shall be deposited in the fund. Any balance remaining in the fund
at the end of any fiscal year shall be carried forward and remain a part of the
fund.
(b) The auditor of accounts shall
charge the state department, agency, commission or state-created authority
audited for the direct and indirect costs of an audit performed pursuant to section
163(11) subdivisions 163(1) and (11) of this title. Costs shall be
determined by the auditor of accounts and approved by the secretary of
administration.
Sec. 289. 16 V.S.A. § 2959a is amended to read:
§ 2959a. EDUCATION MEDICAID RECEIPTS
(a) It is the intent of the general assembly that the state of Vermont shall maximize its receipt of federal Medicaid dollars available for reimbursement of medically-related services provided to students who are Medicaid eligible. It is further the intent that:
(1) Each supervisory union identify special education and other students eligible for Medicaid reimbursement and, to the extent possible, submit Medicaid bills for services reimbursement.
(2) The department of education and the agency of human services work with local school districts to maximize reimbursements including services to non-IEP students.
(b) A Medicaid
reimbursement administrative special fund is established within the
department of education. Eleven percent of the Medicaid reimbursement funds
shall be deposited into the fund. The funds shall be used for agency of human
services and department of education administrative costs related to the
collection, processing and reporting of education Medicaid reimbursements and
statewide programs identified and approved by the commissioner of education
with the advice of the secretary of human services. The commissioner shall
expend monies from the fund only as appropriated by the general assembly. Funds
received by the state under this section shall be transferred to the Medicaid
reimbursement special fund. The fund receipts shall be allocated in accordance
with this section.
* * *
(d) If the amount of Medicaid reimbursement funds received for services provided in the prior state fiscal year exceeds $25,000,000, in addition to the 50 percent of said funds paid to supervisory unions submitting Medicaid bills, 25 percent of the amounts in excess of the $25,000,000 shall be paid into an incentive fund hereby created in the department of education. These funds shall be used for an incentive payment to supervisory unions with student participation rates of over 80 percent in accordance with a formula to be developed by the department of education, in consultation with the Vermont Superintendents Association. For any incentive payments made subsequent to fiscal year 2007, the $25,000,000.00 threshold of this subsection shall be increased by the percentage increase of the most recent New England Economic Project cumulative price index, as of November 15, for state and local government purchases of goods and services from fiscal year 2005 through the fiscal year for which the payment is being determined, plus an additional one-tenth of one percent.
* * *
(f) Up to 20 percent of Medicaid reimbursements received under this section shall be available for agency of human services and department of education administrative costs related to the collection, processing, and reporting of education Medicaid reimbursements and statewide programs. The commissioner of education and the secretary of human services shall expend monies from the fund only as appropriated by the general assembly.
(g) Remaining reimbursed funds shall be deposited into the education fund.
Sec. 290. [Deleted]
Sec. 291. [Deleted]
Sec. 292. 2 V.S.A. § 502(b) is amended to read:
(b) The joint fiscal committee shall employ such professional and secretarial staff as are required to carry out its functions and fix their compensation.
(1) Chapter 13 of Title 3 shall not apply to employees of the joint fiscal committee unless this exception is partially or wholly waived by the joint fiscal committee.
(2) All requests for assistance, information, and advice and all information received in connection with fiscal research or related drafting shall be confidential unless the party requesting or giving the information designates in the request that it is not confidential. Documents, transcripts, and minutes of committee meetings, including written testimony submitted to a committee, fiscal notes and summaries which have been released or approved for printing or introduction, and material appearing in the journals or calendars of either house are official documents and shall not be confidential under this subsection.
Sec. 293. Sec. 141a(j) of No. 122 of the Acts of 2004 is amended to read:
(j) For purposes of this section,
the state hospital future planning advisory group shall cease to exist on July 1, 2006 2009.
Sec. 293a. Sec. 141c of No. 122 of the Acts of 2004 is amended to read:
Sec. 141c. THE MENTAL HEALTH OVERSIGHT COMMITTEE
(a) The mental health oversight
committee is created to oversee the development and implementation of the
secretary of human services’ strategic plan to develop alternatives for
services currently provided by the Vermont state hospital and to ensure that
consumers have access to a comprehensive and adequate continuum of care and
Vermont has a financially sustainable department of developmental and mental
health services designated agency provider system. The committee shall be
composed of one member from each of the house committees on health and
welfare human services, institutions, and appropriations and a
member-at-large to be appointed by the speaker of the house, not all from the
same party, and one member from each of the senate committees on health and
welfare, institutions, and appropriations and one member-at-large to be
appointed by the committee on committees, not all from the same party. Initial
appointments shall be made upon passage.
* * *
(h) The mental health oversight committee shall provide a progress report to each of the committees represented thereon no later than January 15 of each year.
(i) The committee shall
cease to exist on July 1, 2006 2009.
Sec. 293b. 24 V.S.A. § 138(a) is amended to read:
(a) Local option taxes are authorized under this section for the purpose of affording municipalities an alternative method of raising municipal revenues to facilitate the transition and reduce the dislocations in those municipalities that may be caused by reforms to the method of financing public education under the Equal Educational Opportunity Act of 1997. Accordingly:
(1) the local option taxes
authorized under this section may be imposed by a municipality only during
calendar years 1999 through 2008;
(2) a municipality opting to
impose a local option tax may do so prior to July 1, 1998 to be effective
beginning January 1, 1999, and anytime after December 1, 1998 a local option
tax shall be effective beginning on the next tax quarter following 30 days’
notice to the department of taxes of the imposition; and all authority to
opt to impose a local option tax under this section shall terminate September
1, 2007, and all authority to impose a local option tax shall terminate on
December 31, 2008; and
* * *
Sec. 293c. Sec. 15 of No. 152 of the Acts of 2004 is amended to read:
Sec. 15. 24 V.S.A. § 138(a) is amended to read:
§ 138. LOCAL OPTION TAXES
* * *
(2) a
municipality opting to impose a local option tax may do so prior to July 1,
1998 to be effective beginning January 1, 1999, and anytime after December 1,
1998 a local option tax shall be effective beginning on the next tax quarter
following 30 90 days’ notice to the department of taxes of the
imposition; and all authority to opt to impose a local option tax under this
section shall terminate September 1, 2007, and all authority to impose a local
option tax shall terminate on December 31, 2008; and
* * *
Sec. 294. 2 V.S.A. chapter 24 is added to read:
CHAPTER 24. HEALTH ACCESS OVERSIGHT COMMITTEE
§ 851. CREATION OF COMMITTEE
(a) A legislative health access oversight committee is created. The committee shall be appointed biennially and consist of ten members: five members of the house appointed by the speaker, not all from the same political party, and five members of the senate appointed by the senate committee on committees, not all from the same political party. The house appointees shall include two members from the house committee on human services, two members from the house committee on health care, and one member from the house committee on appropriations. The senate appointees shall include three members from the senate committee on health and welfare, one member from the senate committee on finance, and one member from the senate committee on appropriations.
(b) The committee may adopt rules of procedure to carry out its duties.
§ 852. FUNCTIONS AND DUTIES
(a) The health access oversight committee shall carry on a continuing review of the operation of the Medicaid program and all Medicaid waiver programs that may affect the administration and beneficiaries of these programs.
(b) In conducting its review and in order to fulfill its duties, the committee shall consult the following:
(1) Consumers and advocacy groups regarding their satisfaction and complaints.
(2) Health care providers regarding their satisfaction and complaints.
(3) The office of Vermont health access.
(4) The department of banking, insurance, securities, and health care administration.
(5) The agency of human services.
(6) The attorney general.
(7) The health care ombudsman.
(8) The Vermont program for quality in health care.
(9) Any other person or entity as determined by the committee.
(c) The committee shall work with, assist, and advise other committees of the general assembly, members of the executive branch, and the public on matters relating to the state Medicaid program and other state health care programs. Annually, no later than January 15, the committee shall report to the governor and the general assembly.
§ 853. MEETINGS AND STAFF SUPPORT
(a) The committee may meet during a session of the general assembly at the call of the chair or by a majority of the members of the committee. The committee may meet during adjournment subject to the approval of the speaker of the house and the president pro tempore of the senate.
(b) For attendance at meetings which are held when the general assembly is not in session, the members of the committee shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided to members of standing committees under section 406 of this title.
(c) The staff of the legislative council and the joint fiscal office shall provide professional and administrative support to the committee. The department of banking, insurance, securities, and health care administration, the agency of human services, and other agencies of the state shall provide information, assistance, and support upon request of the committee.
Sec. 294a. TRANSITIONAL PROVISIONS
(a) On the effective date of this act, Sec. 13 of No. 14 of the Acts of 1995 (creation of health access oversight committee) is repealed.
Sec. 294b. STATUTORY REVISION
(a) The legislative council shall make technical revisions to the statutory citations and references to the health access oversight committee in the Vermont Statutes Annotated.
Sec. 295. COMMISSION ON HEALTH CARE REFORM
(a) The commission on health care reform created pursuant to Sec. 277c of No. 71 of the Acts of 2005 is authorized to carry forward for fiscal year 2007 expenditure, the unexpended amounts from general fund appropriations in Sec. 255(a)(7)(A) of No. 71 of 2005. In fiscal year 2007, the commission shall carry out activities including:
(1) research support for state efforts in health care reform and Medicaid program review;
(2) and activities in monitoring state health care information technology activities including:
(A) a review of state government health care information systems,
(B) continued reviews of the status of Vermont health care system information systems including those used in physicians’ practices, hospitals and other health care entities,
(C) continued support of activities of Vermont’s “blueprint” initiative for chronic care and of Vermont information technology leaders (VITL).
(b) Notwithstanding subsection 2222(g) of Title 3 and the general requirements of the bulletin 3.5 (Contracting Procedures), contracts negotiated to carry out the responsibilities of subsection (a) may be sole source contracts to existing contractors and service providers.
Sec. 295a. Sec. 277d of No. 71 of the Acts of 2005 is amended to read:
Sec. 277d. HEALTH CARE REFORM; ECONOMIC, FINANCING, AND
ADMINISTRATIVE STUDIES
(a) In order
to assess more fully the benefits and costs and to prepare and plan for the implementation
of full and universal access to health care in Vermont, the commission on
health care reform, in consultation with the department of banking, insurance,
securities, and health care administration, shall direct that the following
an economic impact, and financing and governance
studies be undertaken during the interim of the 2005 study be completed
before the 2007 legislative session. The commission shall direct its
staff or contract for one or more consultants to undertake the economic impact
and financing studies authorized by this section. The study shall:
(1) Review alternative ways of financing universal health care coverage based on either private insurance or a single payer, including employer assessments, payroll taxes, income taxes, premiums (either employment-based or independent of employment), or other revenue options;
(2) Identify macroeconomic consequences of choices in health care financing, such as changes in the number of employed individuals, the average wage, distribution of wages, rate of growth of gross state product, rate of growth of personal income, attractiveness of the state for relocating businesses, and the mix of employment types;
(3) Identify relationships between financing mechanisms and the macroeconomic consequences if quantifiable;
(4) Apply the policy analysis and indicators in this subsection above to the specific health reform proposals considered in the 2006 legislative session.
(1)
Economic impact study. The economic impact study shall examine the impact of
implementing a system of universal access to health care for Vermonters versus
the effects of sustaining the current system impact on business and the labor
force, the future growth of the economy and the economic competitiveness of
Vermont, and the effects on residents and population groups and on current and
potential insurers and providers of health care.
(2)
Financing options. The financing study shall examine the financing options
that most effectively achieve the goal of universal access to health care and
maintaining its affordability. The study shall include examination of all
financing options and their implications, including the income tax, a payroll
tax, premiums or cost-sharing measures, consumption taxes, specific more
limited taxes to support parts of the health care system’s financial needs, and
other revenue sources including insurance risk pools and insurance assistance
and incentives.
(A) The
study shall reference the fact and supporting empirical evidence that many
countries have achieved universal access and more affordable health care
utilizing public financing as a tool to achieve this goal. The study shall
consider the strengths and weaknesses of such public financing systems with
respect to fairness and adequacy of funding, access to and quality of services.
(B) The
study shall examine how implementation of any public financing options will be
offset in corresponding reductions in premiums, other taxes, and individual
cost-sharing contributions.
(C) The
study shall examine how any proposed changes in financing or delivery of health
care could affect benefits Vermonters currently receive through Vermont
employers.
(D) The
study shall address issues involved with federal law and taxation, including
ERISA and other areas of preemption; technical proposals to exempt non-resident
employees of Vermont businesses; a provision to ensure a soft landing for
affected businesses and a recommendation as to the appropriate amount needed in
a soft landing provision to mitigate negative effects on business;
recommendations on the best method for unemployed individuals to contribute to
the financing; a simplified structure based on employee numbers, employer
payroll, or a combination for ease of administration and clarity; and the
recommendations of the tax department.
(E) The
study shall analyze methods for recapturing insurance premiums as a result of
any reductions in uncompensated care, such as the Dirigo model enacted in the
state of Maine, any reductions in insurance premiums resulting
from public financing, and for ensuring that all Vermonters contribute to the
financing of health care’s fixed costs.
(3) Governance
and administrative study. The secretary of administration, in consultation
with the office of Vermont health access, the department of banking, insurance,
securities, and health care administration, and the agency of human services,
shall examine and develop a plan for reorganizing their respective offices and
functions to further full and universal access to health care in Vermont and
the integration of the health care system. The recommendations shall include
personnel, operations, and budgetary requirements and consider the most
appropriate and efficient approach to integrating health care policy, planning,
delivery, regulation, and defining clear lines of accountability within the
health care system. The study shall include also an examination of means to
coordinate or integrate a universal health care system with the current workers’
compensation system and the feasibility and merits of authorizing the state to
act as an insurer in pooling risk and providing benefits, including a common
benefits plan, to participants of the health care purchasing pool.
(b) Reports,
including findings and recommendations, from each the study
required by this section shall be submitted to the general assembly not later
than January 15, 2006 2007.
Sec. 295b. AGENCY OF NATURAL RESOURCES REORGANIZATION
(a) No. 52 of the Acts of 2005 is amended as follows:
(1) In Sec. 2, subsection (a), in the sentence that precedes subdivision (1), by striking the words “one year” and inserting in lieu thereof the words “two years”; and
(2) In Sec. 2, subdivision (b)(3), by striking the year “2006” and by inserting in lieu thereof the year “2007.”
Sec. 296. TANF; STATE RESPONSE TO FEDERAL CHANGES; WORK
GROUP
(a) The temporary assistance for needy families (TANF) work group is created to review the changes in the federal law governing TANF, assess the impact on Vermont’s programs funded with TANF dollars, and to develop a recommendation for legislative action. The work group’s recommendation shall be reported to the general assembly no later than January 15, 2007.
(b) The work group shall be composed of:
(1) one member from the house committee on human services and one member from the house committee on appropriations to be appointed by the speaker of the house;
(2) one member from the senate committee on health and welfare and one member from the senate committee on appropriations to be appointed by the committee on committees;
(3) the deputy commissioner of the department for children and families, economic services division or designee;
(4) a representative from the Vermont low income advocacy council;
(5) a representative from Vermont legal aid; and
(6) other members as appointed by the chair of the work group.
(c) The work group shall elect a chair and vice chair and shall receive staff support from the legislative council’s office. The work group is authorized to meet up to four times outside the legislative session to perform its functions under this section. Members of the committee shall be entitled to compensation and reimbursement for expenses under section 406 of Title 2.
(d) The agency of human services may form an advisory committee to gather input from a wide range of interested parties. Input shall be provided to the work group to assist in the making of informed recommendations.
(e) The secretary of human services, the legislative council, and the joint fiscal office shall provide staff support requested by the committee.
(f) The committee shall cease to exist upon adjournment of the first year of the 2007 legislative session.
Sec. 296a. FISH AND WILDLIFE DEPARTMENT; FUNDING; TASK
FORCE
(a) The governor shall appoint a fish and wildlife funding task force of up to nine members to develop recommendations for comprehensive, sustainable funding mechanisms for the operations of the department of fish and wildlife which complement existing funding sources. The task force shall, among other things, consider whether costs of work carried out by fish and wildlife department personnel in providing technical services to permitting bodies and in enforcing laws and regulations other than fish and wildlife laws and regulations, should be paid for from other agency and department funds, as appropriate.
(b) The office of finance and management shall provide staff services to the committee. Members may receive a per diem and expenses pursuant to section 1010 of Title 32. On or before January 15, 2007, the committee shall report its recommendations to the governor and the following legislative committees: the senate committees on finance, on appropriations, and on natural resources and energy; and the house committees on ways and means, on appropriations, and on fish, wildlife and water resources.
* * * Global Commitment Changes * * *
Sec. 297. Sec. 15 of No. 93 of the Acts of 2006 is amended to read:
Sec. 15. Sec. 100a of No. 71 of the Acts of 2005 is added to read:
Sec. 100a. Global commitment
Grants 581,266,091 577,696,745
Source of funds
General fund 107,472,271 107,493,758
Special funds 121,812,584 120,377,647
Tobacco fund 1,050,208 1,050,208
Federal funds 350,931,028 348,775,132
Total 581,266,091 577,696,745
* * *
(c) In addition to the state funds appropriated in this section, the estimated sum of $16,254,932 is expected to be certified as state funds available from local education agencies. This amount combined with $22,810,034 of federal funds appropriated in this section equal a total estimated expenditure of $39,064,966 for eligible special education school‑based Medicaid services under the Global Commitment. An amount equal to the amount of federal matching funds for eligible special education school‑based Medicaid services under the global commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.
* * *
Sec. 298. Sec. 16b of No. 93 of the Acts of 2006 is amended to read:
Sec. 16b. HEALTH ACCESS TRUST FUND TRANSFER AND CLOSE
OUT
(a) The sum of $15,000,000 $16,200,000
shall be reserved in the health access trust fund and transferred to the state
health care resources fund established by section 1901d of Title 33 upon it
its creation on July 1, 2006.
(b) Any balance remaining at
the close of fiscal year 2006 in the health access trust fund after the
transfer in Sec. 16b(a) of this act shall be transferred to the state health
care resources fund established by section 1901d of Title 33. A detailed
account of the health access trust for fiscal year 2006 shall be provided to
the joint fiscal committee at the September 2006 meeting.
Sec. 299. Sec. 104a of No. 71of the Acts of 2005, as amended by Sec. 18 of No. 93 of the Acts of 2006 is further amended to read:
Sec. 104a. Office of Vermont health access-Medicaid program/global commitment
Grants 390,373,943 390,373,943
Source of funds
Special funds 40,236,201 43,759,420
Global Commitment fund 292,780,457 280,673,718
Federal funds 57,357,285 65,940,805
Total 390,373,943 390,373,943
* * *
Sec. 300. Sec. 104f of No. 71 of the Acts of 2005, as amended by Sec. 21 of No. 93 of the Acts of 2006 is further amended to read:
Sec. 104f. Office of Vermont health access-programs-state-only funded
Grants 15,784,183 14,523,206
Source of funds
Special funds 13,696,013 12,435,036
Global Commitment fund 2,088,170 2,088,170
Total