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H.143

AN ACT RELATING TO FISCAL YEAR 2005 BUDGET ADJUSTMENTS

The Senate proposes to the House to amend the bill as follows:

     First:  In Sec. 4, in the headnote, by striking out the words “STATE AUDITOR” and inserting in lieu thereof the words:  SECRETARY OF ADMINISTRATION and in subsection (a) by striking out the words “state auditor” and inserting in lieu thereof the words:  secretary of administration

     Second:  After Sec. 7, by adding a new section to be numbered Sec. 7a to read as follows:

Sec. 7a.  Sec. 60 of No. 122 of the Acts of 2004 is amended to read:

Sec. 60.  Protection to persons and property – attorney general

               Personal services                                    4,838,548                 4,859,151

               Operating expenses                            898,080                            898,080

                   Total                                                   5,736,628                 5,757,231

          Source of Funds

               General fund                                           2,550,429                 2,550,429

               Transportation fund                               69,061                              69,061

               Special funds                                          1,014,901                 1,014,901

               Tobacco fund                                            290,000                    290,000

               Federal funds                                             573,500                    573,500

               Interdepartmental transfer                        1,238,737                 1,259,340

                   Total                                                  5,736,628                 5,757,231

     (a)  The establishment of two (2) new classified positions - one (1) director of court diversion and one (1) administrative assistant - is authorized in fiscal year 2005.  These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.

     (b)  The office of the attorney general is authorized to transfer up to $20,603.00 to the office of the attorney general from the court diversion appropriation on a pro rata basis, to provide funding for the two positions for the remainder of fiscal year 2005. 

     Third:  After Sec. 9, by adding a new section to be numbered Sec. 9a to read as follows:

Sec. 9a.  Sec. 64 of No. 122 of the Acts of 2004 is amended to read:

Sec. 64.  Sheriffs

               Personal services                                    2,540,882               2,566,882

               Operating expenses                            312,166                          312,166

                   Total                                                  2,853,048               2,879,048

          Source of Funds

               General fund                                           2,287,344               2,313,344

               Transportation fund                             565,704                          565,704

                    Total                                                  2,853,048               2,879,048

* * *

     Fourth:  By striking out Sec. 10 in its entirety and inserting in lieu thereof two new sections to be numbered Sec. 10 and Sec. 10a to read as follows:

Sec. 10.  MILITARY; SUPPLEMENTAL APPROPRIATIONS

     (a)  There is appropriated in fiscal year 2005, $40,000.00 in general funds to the military department, division of veterans’ affairs, to be used to provide assistance to survivors of casualties in the war on terrorism consistent with the guidelines as set forth in Sec. 72 of No. 122 of the Acts of 2004.  Notwithstanding any other act or provision, at the discretion of the military department and division of veterans’ affairs, up to $20,000.00 of this amount may be used for the armed services scholarship fund. 

     (b)  There is appropriated in fiscal year 2005, $150,000.00 in general funds to the Vermont national guard and reserve family fund for the purpose of providing assistance to family members of the Vermont national guard and reservists on active duty consistent with the guidelines as set forth in Sec. 16a(a) of No. 80 of the Acts of 2004 as amended in Sec. 10a of this Act. 

Sec. 10a.  Sec. 16a of No. 80 of the Acts of 2004 is amended to read:

Sec. 16a.  VERMONT NATIONAL GUARD AND RESERVE FAMILY

                 EMERGENCY  FUND

     (a)  There is established a special fund to be known as the Vermont national guard and reserve family emergency fund in the military department in the office of the adjutant general to be administered by the adjutant general.  The fund shall be for the sole purpose of providing emergency financial assistance to families of members of the Vermont national guard and reservists on active duty.  The adjutant general and two other members of the military department selected by the adjutant general shall comprise a Vermont national guard and reserve family emergency fund panel to establish guidelines and criteria for the making of loans or grants from the fund to meet financial emergencies the needs of families of national guard members and reservists on active duty.  The panel shall also establish terms for the loans and repayment schedules which may not exceed five years.  Loans may be made without interest.

* * *

     Fifth:  After Sec. 12, by adding a new section to be numbered Sec. 12a to read as follows:

Sec. 12a.  PUBLIC SERVICE DEPARTMENT; RENEWABLE ENERGY

     (a)  There is appropriated in fiscal year 2005, $100,000.00 in general funds to the department of public service.  These funds shall be used as state match for federal small scale wind development funds secured to support the Vermont renewable energy incentive program. 

     Sixth:  In Sec. 14, by striking out the figure “202,588,476” where it twice appears and inserting in lieu thereof the figure 202,885,079 and by striking out the figure “71,627,692” and inserting in lieu thereof the figure 71,903,692 and by striking out the figure “7,068,810” and inserting in lieu thereof the figure 7,089,413 

     Seventh:  By striking out Sec. 25 in its entirety and inserting in lieu thereof a new Sec. 25 to read as follows:

Sec. 25.  Sec. 144 of No. 122 of the Acts of 2004 is amended to read:

Sec. 144.  Developmental and mental health services - Vermont state hospital

     Health - Vermont state hospital

Personal services                               4,658,501            13,355,001

Operating expenses                            1,764,303              1,717,803

Grants                                                      3,000                     3,000

Total                                             6,425,804            15,075,804

Source of funds

General fund                                      1,867,915                 117,915

Special funds                                        110,000                 110,000

Federal funds                                        572,426                 572,426

Interdepartmental transfer                 13,875,463            14,275,463

Total                                           16,425,804            15,075,804

     Eighth:  In Sec. 43, by striking out the figure “22,625,437” where it twice appears and inserting in lieu thereof the figure 22,781,687 and by striking out the figure “9,077,514” and inserting in lieu thereof the figure 9,233,764 

     Ninth:  In Sec. 49, by striking out the figure “1,487,628,705” where it twice appears and inserting in lieu thereof the figure 1,487,784,955 and by striking out the figure “409,326,871” and inserting in lieu thereof the figure 409,483,121 

     Tenth:  After Sec. 50, by adding a new section to be numbered Sec. 50a to read as follows:

Sec. 50a.  DEPARTMENT OF EMPLOYMENT & TRAINING; OFFICES

                 MAINTAINED

(a)  The department of employment and training shall:

     (1)  continue to maintain an office in the Brattleboro, Newport and St. Albans state office buildings to provide a resource room which is staffed by at least one department employee; at Brattleboro, it shall be staffed up to 32 hours per week and at least four days per week; at Newport and St. Albans, it shall be staffed by at least two employees, who each shall work at least 32 hours per week and at least four days per week at those locations;

     (2)  reduce the square footage at those three locations or renegotiate with the department of buildings and general services the “fee for space” cost in those buildings, or both;

     (3)  continue to maintain an office in Middlebury, Morrisville and White River Junction in state owned or leased space, but perhaps at different rental locations and at reduced cost, to provide at least a resource room which is staffed by at least one department employee at the Middlebury and White River Junction locations; and at the Morrisville location, which shall be staffed by at least two employees who each shall work at least 32 hours per week and at least four days per week at that location; and

     (4)  reconsider the location of regional service centers, based on factors such as actual usage and the availability of private employment services in each region.

(b)  The secretary of administration, with the approval of the joint fiscal committee, may modify the mandates set forth in this section if the delivery of services can be accommodated in a more cost effective manner.

     Eleventh:  After Sec. 60, by adding a new section to be numbered Sec. 60a to read as follows:

Sec. 60a.  FISH AND WILDLIFE FUNDING STUDY COMMITTEE

(a)  There is created a fish and wildlife funding study committee, which shall be charged with developing recommendations for a comprehensive, sustainable funding mechanism for the operations of the department of fish and wildlife, to complement existing funding sources. 

(b)  A report that contains recommendations on this issue shall be submitted by December 1, 2005 to the following legislative committees:  senate committees on finance, appropriations, and natural resources and energy; and house committees on ways and means, appropriations, and fish, wildlife and water resources. 

(c)  The committee shall consist of the following:  the president of the Vermont federation of sportsmen’s clubs, or a designee; a representative of the Vermont trappers association; the chair of the fish and wildlife board, or a designee; the director of operations at the department of fish and wildlife; the president of the gund institute for ecological economics at the university of Vermont, or a designee; the executive director of the Vermont natural resources council, or a designee; a representative of the wildlife watching community, as named by joint action of the chairs of the house and the senate committees on appropriations; the chair or a designee of the senate committees on finance and on natural resources and energy; and the chair or a designee of the house committees on ways and means, and on fish, wildlife and water resources.  The committee shall be entitled to staff services of the agency of natural resources.

     Twelfth:  By striking out Sec. 69b in its entirety and inserting in lieu thereof a new Sec. 69b to read as follows:

Sec. 69b.  EARLY EXPENDITURE OF FISCAL YEAR 2006

                 APPROPRIATIONS

(a)  $2,600,000.00 is hereby transferred and appropriated from the highway central garage fund to initiate the following paving and bridge projects in the spring of 2005:

Program           Project name               Route                            Project number

Paving              Marshfield-Cabot          US 2                            NH 2104

Paving              Barton-Irasburg             US 5 & VT 58            STP 2107

Paving              Hartford-Royalton         VT 14 & VT 132        STP 2121 (1)S

Paving              Hardwick-Greensboro  VT 16                          STP 2112

Paving              Arlington-Sunderland  VT 313                          STP 2223

Town Bridge    Clarendon                                                        BHO 1443(29)

State Bridge Fairfield                                                                 ST 0298(6)

Town Bridge    Johnson                                                            BHO 1448(18)

Town Bridge    Mendon                                                           BRO1443(35)

Town Bridge    Montpelier                                                        BHM 6400(25)

State Bridge Woodford                                                             BRF 010-1(29)

State Bridge Cambridge                                                            BHF 030-2(19)S

(b)  Of the total amount appropriated, approximately $1,000,000.00 shall be expended on paving projects and approximately $1,600,000.00 shall be expended on bridge projects.

(c)  The agency of transportation shall revert and deposit in the highway central garage fund in fiscal year 2006 from the appropriation of state funds for paving and bridge projects, an amount equal to the amount transferred and appropriated from the highway central garage fund in accordance with subsection (a) above.

     Thirteenth:  In Sec. 72, by striking out the figure “367,827,821” where it twice appears and inserting in lieu thereof the figure 371,164,394 and by striking out the figure “174,344,459” and inserting in lieu thereof the figure 174,981,032 and by striking out the figure “10,989,945” and inserting in lieu thereof the figure 13,689,945

     Fourteenth:  In Sec. 74, by striking out the figure “69,181,087” where it twice appears and inserting in lieu thereof the figure 67,331,459 and by striking out the figure “64,595,165” and inserting in lieu thereof the figure 62,587,361 and by striking out the figure “2,197,912” and inserting in lieu thereof the figure 2,356,088

     Fifteenth:  After Sec. 87, by adding 6 new sections to be numbered Secs. 87a through 87f to read as follows:

Sec. 87a.  10 V.S.A. § 222 is amended to read:

§ 222.  INDUSTRIAL BUILDING MORTGAGE INSURANCE FUND

     There is hereby created an industrial building mortgage insurance fund, hereinafter called the fund, which shall be used by the authority as a nonlapsing revolving fund for the purposes of this subchapter.  To the fund may be charged any operating expenses of the authority, and to it shall be charged all interest and principal payments required to be paid under any insurance contract.  To it shall be credited all income of the authority under this subchapter, including mortgage insurance premiums and proceeds from the sale, disposal, or lease of projects, and amounts advanced transferred to the authority under the provisions of section 223 of this title

Sec. 87b.  10 V.S.A. § 222a is added to read:

Section 222a.  INDEMNIFICATION FUND

     There is hereby created an indemnification fund to be held by the state treasurer to support the activities of the authority under this subchapter and subchapter 8 of this chapter.  The fund shall not be subject to the provisions of subchapter 5 of chapter 7 of Title 32.  To the fund shall be deposited:

          (1)  all annual net revenues to the state from the funds created under Sections 222 (industrial building mortgage insurance fund) and 279 (Vermont financial access program) of this title; and

          (2)  all interest and other earnings of the fund.

Sec. 87c.  10 V.S.A. § 223 is amended to read:

§ 223.  CREDIT OF THE STATE PLEDGED

     The full faith and credit of the state is pledged to the support of the activities of the authority under this subchapter.  In furtherance of the pledge, the state treasurer is authorized and directed to advance transfer to the fund, without further approval, first from the indemnification fund and then from available cash in the treasury or from the proceeds of bonds or notes issued under this section, such additional amounts as may be requested from time to time by the authority to enable it to perform all insurance contracts punctually and in accordance with their terms.  The authority shall request such advances transfers from time to time as additional amounts are required for such purposes.  The treasurer is authorized and directed, without further approval, to issue full faith and credit bonds of the state, from time to time, in amounts equal to advances made under this section and section 279b of this title necessary to support the activities of the authority under this subchapter and subchapter 8 of this chapter, but not to exceed an aggregate of $35,000,000.00 at any one time outstanding, and to borrow upon notes of the state in anticipation of the proceeds of such bonds.  Any bonds under this subchapter shall be issued pursuant to the provisions of chapter 13 of Title 32, except that the approval of the governor shall not be required previous to their issuance by the treasurer.

Sec. 87d.  10 V.S.A. § 229 is amended to read:

§ 229.  USE OF RECOVERIES

     All recoveries from the liquidation of assets or capital facilities which are not required to maintain or manage property under the control of the authority shall with available balances from the authority's insurance accounts, be used to pay the amortization and interest payments on bonds issued by the state treasurer for the purposes of this subchapter be credited to the fund created under section 222a of this title.  If the recoveries and insurance accounts are insufficient to provide for these debt service payments on any bonds pursuant to section 223 of this title, the necessary amounts shall be paid from the general fund.

Sec. 87e.  10 V.S.A. § 279b(b) is amended to read:

(b)   The state treasurer is authorized and directed to advance transfer to the fund, without further approval, first from the indemnification fund created under section 222a of this title and then from available cash in the treasury or from the proceeds of full faith and credit bonds or notes issued pursuant to section 223 of this title, such amounts as may be requested from time to time by the authority to enable it to perform its obligations under this subchapter. 

Sec. 87f.  VEDA; INDEMNIFICATION FUND CAPITALIZATION

     (a)  $100,000.00 of the payments of interest received annually during fiscal years 2005, 2006 and 2007 from the Vermont economic development authority upon the authority's note to the state dated May 15, 2003, shall be paid into the VEDA indemnification fund created in 10 V.S.A. § 222a.

     Sixteenth:  After Sec. 87f, by adding a new section to be numbered Sec. 87g to read as follows:

Sec. 87g.  Sec. 104 of No. 121 of the Acts of 2004 is amended to read:

Sec. 104.  EFFECTIVE DATE

This act shall take effect on passage, except that state aid under Secs. 58 (energy performance contracting in schools) and 59 (renewable energy in schools) of this act shall be awarded from capital appropriations made during and after the 2005 legislative session.  The sums appropriated and spending authority authorized by this act shall be continuing and shall not revert at the end of the fiscal year. 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us