Published by:
The Vermont General Assembly
115 State Street
Montpelier, Vermont
| BILL AS PASSED HOUSE AND SENATE | 2007-2008 |
H.891
AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1.000. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2009 Appropriations Act.
Sec. 1.001. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2009. 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, 2008. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2009 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 1.002. 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 2009.
(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, 2009.
Sec. 1.003. 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 quasipublic 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. 1.004. LEGEND
(a) The bill is organized by functions of government. The sections between 2.000 and 2.999 contain appropriations of funds. The sections between 5.000 and 5.999 contain language that relates to specific appropriations and/or government functions. The function areas by section numbers are as follows:
2.001 – 2.099 and 5.001 – 5.099 General Governments
2.101 – 2.199 and 5.101 – 5.199 Protections to Persons & Property
2.201 – 2.299 and 5.201 – 5.299 Human Services
2.301 – 2.399 and 5.301 – 5.399 Labor, K-12 and Higher Education
2.401 – 2.499 and 5.401 – 5.499 Natural Resources
2.501 – 2.599 and 5.501 – 5.599 Commerce & Community Development
2.601 – 2.699 and 5.601 – 5.699 Transportation
2.701 – 2.799 and 5.701 - 5.799 Debt Service
2.801 – 2.899 and 5.801 – 5.899 Allocations, One-time and Contingent
2.901 - 2.999 and 5.901– 5.999 Other Miscellaneous
Sec. 2.001. Secretary of administration - secretary’s office
Personal services 848,494
Operating expenses 59,918
Grants 150,000
Total 1,058,412
Source of funds
General fund 829,122
Global Commitment fund 76,613
Interdepartmental transfer 152,677
Total 1,058,412
Sec. 2.002. Information and innovation - communications and information technology
Personal services 4,842,221
Operating expenses 1,022,252
Grants 400,000
Total 6,264,473
Source of funds
General fund 115,160
Internal service funds 6,149,313
Total 6,264,473
Sec. 2.003. Information and innovation - Vermont information technology leaders (VITL)
Grants 865,350
Source of funds
General fund 299,676
Special funds 226,174
Global Commitment fund 339,500
Total 865,350
Sec. 2.004. Finance and management - budget and management
Personal services 969,417
Operating expenses 156,553
Total 1,125,970
Source of funds
General fund 945,847
Interdepartmental transfer 180,123
Total 1,125,970
Sec. 2.005. Finance and management - financial operations
Personal services 3,354,394
Operating expenses 1,261,734
Total 4,616,128
Source of funds
Special funds 67,637
Internal service funds 4,548,491
Total 4,616,128
Sec. 2.006. Human resources - operations
Personal services 2,338,000
Operating expenses 628,820
Total 2,966,820
Source of funds
General fund 2,211,227
Special funds 297,761
Interdepartmental transfer 457,832
Total 2,966,820
Sec. 2.007. Human resources - technical services
Personal services 811,108
Operating expenses 494,382
Total 1,305,490
Source of funds
Internal service funds 1,305,490
Sec. 2.008. Human resources - employee benefits & wellness
Personal services 1,450,506
Operating expenses 433,486
Total 1,883,992
Source of funds
Internal service funds 1,883,992
Sec. 2.009. Libraries
Personal services 2,027,969
Operating expenses 1,581,218
Grants 62,500
Total 3,671,687
Source of funds
General fund 2,601,964
Special funds 152,482
Federal funds 823,729
Interdepartmental transfer 93,512
Total 3,671,687
Sec. 2.010. Tax - administration/collection
Personal services 12,212,179
Operating expenses 2,903,964
Total 15,116,143
Source of funds
General fund 13,952,707
Special funds 908,436
Tobacco fund 58,000
Interdepartmental transfer 197,000
Total 15,116,143
Sec. 2.011. Buildings and general services - administration
Personal services 2,193,312
Operating expenses 353,689
Total 2,547,001
Source of funds
Interdepartmental transfer 2,547,001
Sec. 2.012. Buildings and general services - engineering
Personal services 1,932,163
Operating expenses 514,440
Total 2,446,603
Source of funds
General fund 2,446,603
Sec. 2.013. Buildings and general services - information centers
Personal services 3,520,072
Operating expenses 1,306,663
Grants 45,450
Total 4,872,185
Source of funds
General fund 4,822,185
Special funds 50,000
Total 4,872,185
Sec. 2.014. Buildings and general services - purchasing
Personal services 730,292
Operating expenses 318,605
Total 1,048,897
Source of funds
General fund 1,048,897
Sec. 2.015. Buildings and general services - postal services
Personal services 670,777
Operating expenses 195,563
Total 866,340
Source of funds
General fund 40,000
Internal service funds 826,340
Total 866,340
Sec. 2.016. Buildings and general services - copy center
Personal services 642,126
Operating expenses 232,350
Total 874,476
Source of funds
Internal service funds 874,476
Sec. 2.017. Buildings and general services - fleet management services
Personal services 562,573
Operating expenses 154,346
Total 716,919
Source of funds
Internal service funds 716,919
Sec. 2.018. Buildings and general services - federal surplus property
Personal services 68,567
Operating expenses 77,525
Total 146,092
Source of funds
Enterprise funds 146,092
Sec. 2.019. Buildings and general services - state surplus property
Personal services 63,768
Operating expenses 63,840
Total 127,608
Source of funds
Internal service funds 127,608
Sec. 2.020. Buildings and general services - property management
Personal services 1,139,014
Operating expenses 2,945,329
Total 4,084,343
Source of funds
Internal service funds 4,084,343
Sec. 2.021. Buildings and general services - workers’ compensation insurance
Personal services 1,242,185
Operating expenses 378,853
Total 1,621,038
Source of funds
Internal service funds 1,621,038
Sec. 2.022. Buildings and general services - general liability insurance
Personal services 299,547
Operating expenses 132,820
Total 432,367
Source of funds
Internal service funds 432,367
Sec. 2.023. Buildings and general services - all other insurance
Personal services 98,919
Operating expenses 28,388
Total 127,307
Source of funds
Internal service funds 127,307
Sec. 2.024. Buildings and general services - fee for space
Personal services 11,993,881
Operating expenses 12,126,545
Total 24,120,426
Source of funds
Internal service funds 24,120,426
Sec. 2.025. Geographic information system
Grants 430,210
Source of funds
Special funds 430,210
Sec. 2.026. Executive office - governor’s office
Personal services 1,323,037
Operating expenses 397,513
Total 1,720,550
Source of funds
General fund 1,527,050
Interdepartmental transfer 193,500
Total 1,720,550
Sec. 2.027. Executive office - national and community service
Personal services 202,006
Operating expenses 122,923
Grants 1,835,463
Total 2,160,392
Source of funds
General fund 56,528
Federal funds 2,103,864
Total 2,160,392
Sec. 2.028. Legislative council
Personal services 2,155,192
Operating expenses 163,692
Total 2,318,884
Source of funds
General fund 2,318,884
Sec. 2.029. Legislature
Personal services 4,014,859
Operating expenses 3,419,474
Total 7,434,333
Source of funds
General fund 7,434,333
Sec. 2.030. Legislative information technology
Personal services 387,751
Operating expenses 512,470
Total 900,221
Source of funds
General fund 900,221
Sec. 2.031. Joint fiscal committee
Personal services 1,210,211
Operating expenses 87,821
Total 1,298,032
Source of funds
General fund 1,298,032
Sec. 2.032. Sergeant at arms
Personal services 541,207
Operating expenses 71,346
Total 612,553
Source of funds
General fund 612,553
Sec. 2.033. Lieutenant governor
Personal services 143,693
Operating expenses 17,920
Total 161,613
Source of funds
General fund 161,613
Sec. 2.034. Auditor of accounts
Personal services 2,805,929
Operating expenses 142,283
Total 2,948,212
Source of funds
General fund 526,254
Special funds 54,431
Internal service funds 2,367,527
Total 2,948,212
Sec. 2.035. State treasurer
Personal services 2,398,796
Operating expenses 357,332
Grants 30,000
Total 2,786,128
Source of funds
General fund 1,170,693
Special funds 1,522,872
Interdepartmental transfer 92,563
Total 2,786,128
Sec. 2.036. State treasurer - unclaimed property
Personal services 766,310
Operating expenses 252,226
Total 1,018,536
Source of funds
Private purpose trust funds 1,018,536
Sec. 2.037. Vermont state retirement system
Personal services 26,178,487
Operating expenses 787,519
Total 26,966,006
Source of funds
Pension trust funds 26,966,006
Sec. 2.038. Municipal employees’ retirement system
Personal services 1,827,822
Operating expenses 410,209
Total 2,238,031
Source of funds
Pension trust funds 2,238,031
Sec. 2.039. State labor relations board
Personal services 175,087
Operating expenses 40,263
Total 215,350
Source of funds
General fund 209,480
Special funds 2,935
Interdepartmental transfer 2,935
Total 215,350
Sec. 2.040. VOSHA review board
Personal services 40,414
Operating expenses 9,680
Total 50,094
Source of funds
General fund 25,047
Federal funds 25,047
Total 50,094
Sec. 2.041. Homeowner rebate
Grants 12,921,868
Source of funds
General fund 12,921,868
Sec. 2.042. Renter rebate
Grants 7,955,852
Source of funds
General fund 2,386,756
Education fund 5,569,096
Total 7,955,852
Sec. 2.043. Tax department - reappraisal and listing payments
Grants 3,240,112
Source of funds
Education fund 3,240,112
Sec. 2.044. Use tax reimbursement fund - municipal current use
Grants 9,850,000
Source of funds
General fund 9,850,000
Sec. 2.045. Lottery commission
Personal services 1,523,184
Operating expenses 1,093,578
Total 2,616,762
Source of funds
Enterprise funds 2,616,762
Sec. 2.046. Payments in lieu of taxes
Grants 4,500,000
Source of funds
Special funds 4,500,000
Sec. 2.047. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
Special funds 184,000
Sec. 2.048. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
Special funds 40,000
Sec. 2.049. Total general government 177,473,806
Source of funds
General fund 70,712,700
Education fund 8,809,208
Special funds 8,436,938
Tobacco fund 58,000
Global Commitment fund 416,113
Federal funds 2,952,640
Enterprise funds 2,762,854
Internal service funds 49,185,637
Pension trust funds 29,204,037
Private purpose trust funds 1,018,536
Interdepartmental transfer 3,917,143
Total 177,473,806
Sec. 2.101. Attorney general
Personal services 7,245,495
Operating expenses 1,066,918
Total 8,312,413
Source of funds
General fund 4,594,248
Special funds 1,295,235
Tobacco fund 290,000
Federal funds 643,000
Interdepartmental transfer 1,489,930
Total 8,312,413
Sec. 2.102. Vermont court diversion
Grants 1,724,534
Source of funds
General fund 1,204,534
Special funds 520,000
Total 1,724,534
Sec. 2.103. Defender general - public defense
Personal services 7,007,618
Operating expenses 907,209
Total 7,914,827
Source of funds
General fund 7,411,734
Special funds 503,093
Total 7,914,827
Sec. 2.104. Defender general - assigned counsel
Personal services 3,251,287
Operating expenses 77,909
Total 3,329,196
Source of funds
General fund 3,203,932
Special funds 125,264
Total 3,329,196
Sec. 2.105. Judiciary
Personal services 28,227,859
Operating expenses 8,613,526
Grants 100,000
Total 36,941,385
Source of funds
General fund 31,838,828
Special funds 2,712,400
Tobacco fund 40,000
Federal funds 414,808
Interdepartmental transfer 1,935,349
Total 36,941,385
Sec. 2.106. State’s attorneys
Personal services 9,474,943
Operating expenses 1,271,127
Total 10,746,070
Source of funds
General fund 8,538,446
Special funds 94,476
Federal funds 31,000
Interdepartmental transfer 2,082,148
Total 10,746,070
Sec. 2.107. Special investigative units
Grants 620,000
Source of funds
General fund 530,000
Special funds 90,000
Total 620,000
Sec. 2.108. Sheriffs
Personal services 3,186,568
Operating expenses 277,101
Total 3,463,669
Source of funds
General fund 3,463,669
Sec. 2.109. Public safety - administration
Personal services 1,823,435
Operating expenses 158,768
Total 1,982,203
Source of funds
General fund 1,945,576
Federal funds 36,627
Total 1,982,203
Sec. 2.110. Public safety - state police
Personal services 38,966,689
Operating expenses 8,200,082
Grants 582,087
Total 47,748,858
Source of funds
General fund 12,281,795
Transportation fund 28,231,384
Special funds 2,073,265
Federal funds 2,777,985
Interdepartmental transfer 2,384,429
Total 47,748,858
Sec. 2.111. Public safety - criminal justice services
Personal services 5,708,438
Operating expenses 3,129,222
Grants 3,046,453
Total 11,884,113
Source of funds
General fund 759,697
Transportation fund 4,429,971
Special funds 1,393,043
Federal funds 4,677,888
Interdepartmental transfer 623,514
Total 11,884,113
Sec. 2.112. Public safety - emergency management
Personal services 1,697,752
Operating expenses 1,244,111
Grants 819,400
Total 3,761,263
Source of funds
Transportation fund 63,969
Special funds 167,471
Federal funds 3,529,823
Total 3,761,263
Sec. 2.113. Public safety - fire safety
Personal services 4,381,112
Operating expenses 1,588,040
Grants 55,000
Total 6,024,152
Source of funds
General fund 713,269
Special funds 4,696,464
Federal funds 410,772
Interdepartmental transfer 203,647
Total 6,024,152
Sec. 2.114. Public safety - homeland security
Personal services 4,426,136
Operating expenses 4,998,879
Grants 1,050,000
Total 10,475,015
Source of funds
General fund 431,070
Federal funds 10,043,945
Total 10,475,015
Sec. 2.115. Public safety - emergency management - radiological emergency response plan
Personal services 766,867
Operating expenses 233,666
Grants 736,703
Total 1,737,236
Source of funds
Special funds 1,737,236
Sec. 2.116. Military - administration
Personal services 564,006
Operating expenses 212,324
Grants 200,000
Total 976,330
Source of funds
General fund 976,330
Sec. 2.117. Military - air service contract
Personal services 4,544,156
Operating expenses 1,590,889
Total 6,135,045
Source of funds
General fund 572,037
Federal funds 5,563,008
Total 6,135,045
Sec. 2.118. Military - army service contract
Personal services 3,939,774
Operating expenses 9,174,120
Total 13,113,894
Source of funds
General fund 107,151
Federal funds 13,006,743
Total 13,113,894
Sec. 2.119. Military - building maintenance
Personal services 983,304
Operating expenses 441,925
Total 1,425,229
Source of funds
General fund 1,425,229
Sec. 2.120. Military - veterans’ affairs
Personal services 424,833
Operating expenses 157,886
Grants 177,815
Total 760,534
Source of funds
General fund 627,029
Special funds 66,000
Federal funds 67,505
Total 760,534
Sec. 2.121. Center for crime victims services
Personal services 1,404,168
Operating expenses 318,275
Grants 9,624,834
Total 11,347,277
Source of funds
General fund 49,809
Special funds 7,432,390
Federal funds 3,865,078
Total 11,347,277
Sec. 2.122. Criminal justice training council
Personal services 1,160,173
Operating expenses 1,049,893
Total 2,210,066
Source of funds
General fund 1,419,664
Special funds 532,539
Interdepartmental transfer 257,863
Total 2,210,066
Sec. 2.123. Agriculture, food and markets - administration
Personal services 888,375
Operating expenses 383,721
Grants 399,701
Total 1,671,797
Source of funds
General fund 1,120,491
Special funds 382,465
Federal funds 126,841
Interdepartmental transfer 42,000
Total 1,671,797
Sec. 2.124. Agriculture, food and markets - food safety and consumer protection
Personal services 1,963,313
Operating expenses 357,200
Total 2,320,513
Source of funds
General fund 1,176,490
Special funds 647,232
Federal funds 489,791
Interdepartmental transfer 7,000
Total 2,320,513
Sec. 2.125. Agriculture, food and markets - agricultural development
Personal services 642,276
Operating expenses 507,350
Grants 302,500
Total 1,452,126
Source of funds
General fund 827,765
Special funds 380,361
Federal funds 244,000
Total 1,452,126
Sec. 2.126. Agriculture, food and markets - laboratories, agricultural resource management and environmental stewardship
Personal services 3,840,687
Operating expenses 621,088
Grants 5,000,000
Total 9,461,775
Source of funds
General fund 2,624,636
Special funds 5,770,556
Federal funds 518,329
Interdepartmental transfer 548,254
Total 9,461,775
Sec. 2.127. Agriculture, food and markets - state stipend
Grants 175,000
Source of funds
General fund 175,000
Sec. 2.128. Agriculture, food and markets - mosquito control
Personal services 20,000
Operating expenses 60,000
Total 80,000
Source of funds
Special funds 80,000
Sec. 2.129. Banking, insurance, securities, and health care administration - administration
Personal services 1,797,764
Operating expenses 43,195
Total 1,840,959
Source of funds
Special funds 1,840,959
Sec. 2.130. Banking, insurance, securities, and health care administration - banking
Personal services 1,099,669
Operating expenses 271,733
Total 1,371,402
Source of funds
Special funds 1,371,402
Sec. 2.131. Banking, insurance, securities, and health care administration - insurance
Personal services 2,809,503
Operating expenses 532,483
Total 3,341,986
Source of funds
Special funds 3,341,986
Sec. 2.132. Banking, insurance, securities, and health care administration - captive
Personal services 3,086,100
Operating expenses 506,991
Total 3,593,091
Source of funds
Special funds 3,593,091
Sec. 2.133. Banking, insurance, securities, and health care administration - securities
Personal services 506,876
Operating expenses 157,690
Total 664,566
Source of funds
Special funds 664,566
Sec. 2.134. Banking, insurance, securities, and health care administration - health care administration
Personal services 4,302,953
Operating expenses 391,959
Total 4,694,912
Source of funds
General fund 308,251
Special funds 2,487,837
Global Commitment fund 1,898,824
Total 4,694,912
Sec. 2.135. Secretary of state
Personal services 5,122,855
Operating expenses 2,059,394
Grants 1,000,000
Total 8,182,249
Source of funds
General fund 1,765,725
Special funds 4,341,524
Federal funds 2,000,000
Interdepartmental transfer 75,000
Total 8,182,249
Sec. 2.136. Public service - regulation and energy
Personal services 4,981,246
Operating expenses 690,524
Grants 5,770,007
Total 11,441,777
Source of funds
Special funds 10,248,977
Federal funds 1,157,800
Interdepartmental transfer 35,000
Total 11,441,777
Sec. 2.137. Public service - purchase and sale of power
Personal services 18,484
Operating expenses 1,516
Total 20,000
Source of funds
Special funds 20,000
Sec. 2.138. Public service board
Personal services 2,557,376
Operating expenses 300,000
Total 2,857,376
Source of funds
Special funds 2,857,376
Sec. 2.139. Enhanced 9-1-1 Board
Personal services 1,736,061
Operating expenses 1,925,191
Grants 1,823,443
Total 5,484,695
Source of funds
Special funds 5,484,695
Sec. 2.141. Human rights commission
Personal services 391,204
Operating expenses 91,961
Total 483,165
Source of funds
General fund 312,426
Federal funds 170,739
Total 483,165
Sec. 2.142. Liquor control - administration
Personal services 1,476,488
Operating expenses 422,089
Total 1,898,577
Source of funds
Enterprise funds 1,694,577
Interdepartmental transfer 204,000
Total 1,898,577
Sec. 2.143. Liquor control - enforcement and licensing
Personal services 1,818,624
Operating expenses 393,848
Total 2,212,472
Source of funds
Tobacco fund 289,645
Enterprise funds 1,922,827
Total 2,212,472
Sec. 2.144. Liquor control - warehousing and distribution
Personal services 747,105
Operating expenses 370,808
Total 1,117,913
Source of funds
Enterprise funds 1,117,913
Sec. 2.145. Total protection to persons 256,999,660
and property
Source of funds
General fund 90,404,831
Transportation fund 32,725,324
Special funds 66,951,903
Tobacco fund 619,645
Global Commitment fund 1,898,824
Federal funds 49,775,682
Enterprise funds 4,735,317
Interdepartmental transfer 9,888,134
Total 256,999,660
Sec. 2.201. Agency of human services - secretary’s office
Personal services 6,977,471
Operating expenses 3,004,134
Grants 3,671,153
Total 13,652,758
Source of funds
General fund 4,360,112
Special funds 7,517
Tobacco funds 397,021
Federal funds 5,183,280
Interdepartmental transfer 3,704,828
Total 13,652,758
Sec. 2.202. Secretary’s office - Global Commitment
Grants 909,022,731
Source of funds
General fund 132,807,629
Special fund 16,261,307
Tobacco fund 39,487,801
State health care resources fund 147,623,246
Catamount fund 8,186,672
Federal funds 564,293,422
Interdepartmental transfer 362,654
Total 909,022,731
Sec. 2.203. Rate setting
Personal services 776,648
Operating expenses 76,959
Total 853,607
Source of funds
Global Commitment funds 853,607
Sec. 2.204. Developmental disabilities council
Personal services 207,538
Operating expenses 45,452
Grants 245,000
Total 497,990
Source of funds
Federal funds 497,990
Sec. 2.205. Human services board
Personal services 284,719
Operating expenses 65,106
Total 349,825
Source of funds
General fund 50,030
Federal funds 12,254
Interdepartmental transfer 287,541
Total 349,825
Sec. 2.206. Office of Vermont health access - administration
Personal services 32,033,668
Operating expenses 2,724,407
Grants 1,196,000
Total 35,954,075
Source of funds
General fund 75,246
Global Commitment fund 34,428,247
Catamount fund 750,582
Federal funds 700,000
Total 35,954,075
Sec. 2.207. Office of Vermont health access - Medicaid program - Global Commitment
Grants 461,385,056
Source of funds
Global Commitment fund 461,385,056
Sec. 2.208. Office of Vermont health access - Medicaid program - long-term care waiver
Grants 194,755,729
Source of funds
General fund 79,168,224
Federal funds 115,587,505
Total 194,755,729
Sec. 2.209. Office of Vermont health access - Medicaid program - state only
Grants 55,086,870
Source of funds
General funds 35,376,640
Global Commitment fund 1,383,714
Catamount fund 18,326,516
Total 55,086,870
Sec. 2.210. Office of Vermont health access - Medicaid non-waiver matched
Grants 44,448,317
Source of funds
General funds 16,068,046
Federal funds 28,380,271
Total 44,448,317
Sec. 2.211. Health - administration and support
Personal services 6,409,341
Operating expenses 2,582,888
Grants 2,902,000
Total 11,894,229
Source of funds
General fund 651,479
Special funds 24,743
Global Commitment fund 4,860,720
Federal funds 6,285,287
Interdepartmental transfer 72,000
Total 11,894,229
Sec. 2.211.1 Health - public health
Personal services 36,310,118
Operating expenses 7,326,174
Grants 34,895,747
Total 78,532,039
Source of funds
General fund 5,090,652
Special fund 6,362,319
Tobacco fund 2,780,225
Global Commitment fund 24,048,864
Catamount fund 3,250,000
Federal funds 36,397,848
Permanent trust funds 10,000
Interdepartmental transfer 592,131
Total 78,532,039
SEC. 2.212. [DELETED]
SEC. 2.213. [DELETED]
SEC. 2.214. [DELETED]
SEC. 2.215. [DELETED]
SEC. 2.216. [DELETED]
Sec. 2.217. Health - alcohol and drug abuse programs
Personal services 3,372,335
Operating expenses 811,106
Grants 27,528,671
Total 31,712,112
Source of funds
General fund 3,413,874
Special funds 236,210
Tobacco funds 2,382,834
Global Commitment fund 16,840,983
Federal funds 8,688,211
Interdepartmental transfer 150,000
Total 31,712,112
Sec. 2.218. [DELETED]
Sec. 2.219. Mental health - mental health
Personal services 4,963,769
Operating expenses 614,618
Grants 132,073,344
Total 137,651,731
Source of funds
General fund 703,540
Global Commitment fund 132,849,352
Federal funds 4,078,839
Interdepartmental transfer 20,000
Total 137,651,731
Sec. 2.220. Mental health - Vermont state hospital
Personal services 19,922,915
Operating expenses 1,821,721
Grants 3,000
Total 21,747,636
Source of funds
General fund 14,227,636
Special funds 170,000
Global Commitment fund 7,000,000
Federal funds 50,000
Interdepartmental transfer 300,000
Total 21,747,636
Sec. 2.221. Department for children and families - administration & support services
Personal services 33,227,280
Operating expenses 6,655,247
Grants 1,450,215
Total 41,332,742
Source of funds
General fund 12,422,107
Global Commitment fund 14,698,891
Catamount fund 560,036
Federal funds 13,651,708
Total 41,332,742
Sec. 2.222. Department for children and families - family services
Personal services 21,476,718
Operating expenses 3,330,327
Grants 64,337,283
Total 89,144,328
Source of funds
General fund 17,308,746
Special funds 1,938,367
Tobacco funds 275,000
Global Commitment fund 43,690,692
Federal funds 25,669,650
Interdepartmental transfer 261,873
Total 89,144,328
Sec. 2.223. Department for children and families - child development
Personal services 3,338,891
Operating expenses 843,660
Grants 51,064,583
Total 55,247,134
Source of funds
General fund 23,228,747
Special funds 865,000
Global Commitment fund 4,289,469
Federal funds 26,724,411
Interdepartmental transfer 139,507
Total 55,247,134
Sec. 2.224. Department for children and families - office of child support
Personal services 8,768,046
Operating expenses 3,890,320
Total 12,658,366
Source of funds
General fund 2,690,872
Special funds 455,718
Federal funds 9,124,176
Interdepartmental transfer 387,600
Total 12,658,366
Sec. 2.225. Department for children and families - aid to aged, blind and disabled
Personal services 1,801,009
Grants 9,989,580
Total 11,790,589
Source of funds
General fund 8,040,589
Global Commitment fund 3,750,000
Total 11,790,589
Sec. 2.226. Department for children and families - general assistance
Grants 4,401,516
Source of funds
General fund 2,950,196
Global Commitment fund 340,000
Federal funds 1,111,320
Total 4,401,516
Sec. 2.227. Department for children and families - food stamp cash out
Grants 10,710,133
Source of funds
Federal funds 10,710,133
Sec. 2.228. Department for children and families - reach up
Grants 40,298,530
Source of funds
General fund 13,815,723
Special funds 18,200,000
Federal funds 8,282,807
Total 40,298,530
Sec. 2.229. Department for children and families - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 11,502,664
Total 11,612,664
Source of funds
Federal funds 11,612,664
Sec. 2.230. Department for children and families - office of economic opportunity
Personal services 235,441
Operating expenses 81,555
Grants 4,952,562
Total 5,269,558
Source of funds
General fund 1,372,103
Special funds 57,340
Federal funds 3,797,615
Interdepartmental transfer 42,500
Total 5,269,558
Sec. 2.231. Department for children and families - OEO - weatherization assistance
Personal services 164,613
Operating expenses 133,014
Grants 8,735,000
Total 9,032,627
Source of funds
Special funds 7,886,609
Federal funds 1,146,018
Total 9,032,627
Sec. 2.232. Department for children and families - Woodside rehabilitation center
Personal services 2,899,574
Operating expenses 649,151
Total 3,548,725
Source of funds
General fund 3,493,833
Interdepartmental transfer 54,892
Total 3,548,725
Sec. 2.233. Department for children and families - disability determination services
Personal services 3,330,894
Operating expenses 573,898
Total 3,904,792
Source of funds
Global Commitment funds 246,517
Federal funds 3,658,275
Total 3,904,792
Sec. 2.234. Department for children and families – children’s trust fund
Grants 345,891
Source of funds
General fund 100,651
Special funds 75,000
Federal funds 170,240
Total 345,891
Sec. 2.235. Disabilities, aging, and independent living - administration & support
Personal services 24,187,650
Operating expenses 3,732,463
Total 27,920,113
Source of funds
General fund 6,709,033
Special Funds 941,685
Global Commitment fund 6,254,872
Federal funds 11,524,001
Interdepartmental transfer 2,490,522
Total 27,920,113
Sec. 2.236. Disabilities, aging, and independent living - advocacy and independent living
Grants 21,455,103
Source of funds
General fund 10,006,493
Global Commitment fund 3,355,319
Federal funds 7,655,791
Interdepartmental transfer 437,500
Total 21,455,103
Sec. 2.237. Disabilities, aging, and independent living - blind and visually impaired
Grants 1,486,457
Source of funds
General fund 364,064
Special funds 223,450
Global Commitment fund 250,000
Federal funds 648,943
Total 1,486,457
Sec. 2.238. Disabilities, aging, and independent living - vocational rehabilitation
Grants 5,921,471
Source of funds
General fund 1,495,695
Federal funds 4,132,389
Interdepartmental transfer 293,387
Total 5,921,471
Sec. 2.239. Disabilities, aging, and independent living - developmental services
Grants 138,705,970
Source of funds
General fund 185,693
Special funds 185,463
Global Commitment fund 137,964,074
Federal funds 370,740
Total 138,705,970
Sec. 2.240. Disabilities, aging, and independent living - TBI home and community based waiver
Grants 4,127,448
Source of funds
Global Commitment fund 4,127,448
Sec. 2.241. Corrections - administration
Personal services 2,022,147
Operating expenses 315,394
Total 2,337,541
Source of funds
General fund 2,337,541
Sec. 2.242. Corrections - parole board
Personal services 317,373
Operating expenses 62,076
Total 379,449
Source of funds
General fund 379,449
Sec. 2.243. Corrections - correctional education
Personal services 4,032,390
Operating expenses 342,079
Total 4,374,469
Source of funds
General fund 3,476,001
Special funds 500,000
Interdepartmental transfer 398,468
Total 4,374,469
Sec. 2.244. Corrections - correctional services
Personal services 77,382,681
Operating expenses 32,273,859
Grants 1,695,800
Total 111,352,340
Source of funds
General fund 106,870,826
Special funds 633,963
Tobacco fund 87,500
Global Commitment fund 3,094,144
Federal funds 584,861
Interdepartmental transfer 81,046
Total 111,352,340
Sec. 2.245. Corrections - correctional services - out-of-state beds
Operating expenses 12,158,493
Source of funds
General fund 12,158,493
Sec. 2.246. Corrections - correctional facilities- recreation
Personal services 603,012
Operating expenses 523,986
Total 1,126,998
Source of funds
General fund 125,000
Special funds 1,001,998
Total 1,126,998
Sec. 2.247. Corrections - Vermont offender work program
Personal services 1,372,913
Operating expenses 1,909,635
Total 3,282,548
Source of funds
Internal service funds 3,282,548
Sec. 2.248. Vermont veterans’ home - care and support services
Personal services 14,202,744
Operating expenses 3,294,580
Total 17,497,324
Source of funds
Special funds 10,675,489
Global Commitment fund 881,289
Federal funds 5,940,546
Total 17,497,324
Sec. 2.249. Commission on women
Personal services 218,912
Operating expenses 61,626
Total 280,538
Source of funds
General fund 275,538
Special funds 5,000
Total 280,538
Sec. 2.250. Retired senior volunteer program
Grants 131,096
Source of funds
General fund 131,096
Sec. 2.251. Total human services 2,649,379,658
Source of funds
General fund 521,931,597
Special funds 66,707,178
Tobacco fund 45,410,381
Global Commitment fund 906,593,258
State health care resources fund 147,623,246
Catamount fund 31,073,806
Federal funds 916,671,195
Permanent trust funds 10,000
Internal service funds 3,282,548
Interdepartmental transfer 10,076,449
Total 2,649,379,658
Sec. 2.301. Labor - administration
Personal services 2,460,451
Operating expenses 740,738
Total 3,201,189
Source of funds
General fund 207,148
Special funds 313,558
Catamount fund 78,814
Federal funds 2,304,580
Interdepartmental transfer 297,089
Total 3,201,189
Sec. 2.302. Labor - programs
Personal services 19,338,810
Operating expenses 4,800,562
Grants 1,665,000
Total 25,804,372
Source of funds
General fund 2,100,525
Special funds 2,972,550
Catamount fund 315,258
Federal funds 18,309,290
Interdepartmental transfer 2,106,749
Total 25,804,372
Sec. 2.303. Labor - domestic and sexual violence survivors’ transitional employment program
Grants 15,000
Source of funds
Special fund 15,000
Sec. 2.304. Total labor 29,020,561
Source of funds
General fund 2,307,673
Special funds 3,301,108
Catamount fund 394,072
Federal funds 20,613,870
Interdepartmental transfer 2,403,838
Total 29,020,561
Sec. 2.305. Education - finance and administration
Personal services 5,161,711
Operating expenses 1,713,880
Grants 10,757,117
Total 17,632,708
Source of funds
General fund 3,506,583
Special funds 11,383,118
Global Commitment fund 845,143
Federal funds 1,890,747
Interdepartmental transfer 7,117
Total 17,632,708
Sec. 2.306. Education - education services
Personal services 12,608,878
Operating expenses 1,889,869
Grants 111,549,873
Total 126,048,620
Source of funds
General fund 7,766,318
Transportation fund 127,483
Special funds 1,985,599
Federal funds 116,144,125
Interdepartmental transfer 25,095
Total 126,048,620
Sec. 2.307. Education - special education: formula grants
Grants 142,687,975
Source of funds
Education fund 142,457,975
Global Commitment fund 230,000
Total 142,687,975
Sec. 2.308 Education - state-placed students
Grants 15,767,500
Source of funds
Education fund 15,767,500
Sec. 2.309. Education - adult education and literacy
Grants 5,315,885
Source of funds
General fund 2,690,224
Education fund 1,750,000
Federal funds 875,661
Total 5,315,885
Sec. 2.310. Education - adjusted education payment
Grants 1,115,355,604
Source of funds
Education fund 1,115,355,604
Sec. 2.311. Education - transportation
Grants 15,002,711
Source of funds
Education fund 15,002,711
Sec. 2.312. Education - small school grants
Grants 6,565,714
Source of funds
Education fund 6,565,714
Sec. 2.313. Education - capital debt service aid
Grants 218,540
Source of funds
Education fund 218,540
Sec. 2.314. Education - tobacco litigation
Personal services 142,152
Operating expenses 18,114
Grants 835,402
Total 995,668
Source of funds
Tobacco fund 995,668
Sec. 2.315. Education - essential early education grant
Grants 5,517,841
Source of funds
Education fund 5,517,841
Sec. 2.316. Education - technical education
Grants 12,411,841
Source of funds
Education fund 12,411,841
Sec. 2.317. Education - Act 117 cost containment
Personal services 1,118,415
Operating expenses 121,307
Grants 91,000
Total 1,330,722
Source of funds
Special funds 1,330,722
Sec. 2.318. Appropriation and transfer to education fund
General fund 291,127,800
Sec. 2.319. State teachers’ retirement system
Personal services 24,127,088
Operating expenses 891,713
Grants 33,549,097
Total 58,567,898
Source of funds
General fund 33,549,097
Pension trust funds 25,018,801
Total 58,567,898
Sec. 2.320. Total general education 1,814,547,027
Source of funds
General fund 338,640,022
Transportation fund 127,483
Education fund 1,315,047,726
Special funds 14,699,439
Tobacco fund 995,668
Global Commitment fund 1,075,143
Federal funds 118,910,533
Pension trust funds 25,018,801
Interdepartmental transfer 32,212
Total 1,814,547,027
Sec. 2.321. University of Vermont
Grants 42,271,844
Source of funds
General fund 38,265,688
Global commitment fund 4,006,156
Total 42,271,844
Sec. 2.322. University of Vermont- Morgan Horse Farm
Grants 5,638
Source of funds
General fund 5,638
Sec. 2.323. Vermont public television
Grants 645,737
Source of funds
General fund 645,737
Sec. 2.324. Vermont state colleges
Grants 24,120,014
Source of funds
General fund 24,120,014
Sec. 2.325. Vermont state colleges - allied health
Grants 1,096,168
Source of funds
General fund 690,761
Global Commitment fund 405,407
Total 1,096,168
Sec. 2.326 Vermont interactive television
Grants 879,617
Source of funds
General fund 879,617
Sec. 2.327. Vermont student assistance corporation
Grants 19,153,758
Source of funds
General fund 19,153,758
Sec. 2.328. New England higher education compact
Grants 84,000
Source of funds
General fund 84,000
Sec. 2.329. Total higher education and 88,256,776
other
Source of funds
General fund 83,845,213
Global Commitment fund 4,411,563
Total 88,256,776
Sec. 2.401. Agency of natural resources - administration
Personal services 4,952,784
Operating expenses 1,699,422
Total 6,652,206
Source of funds
General fund 4,983,666
Special funds 1,118,202
Federal funds 363,372
Interdepartmental transfer 186,966
Total 6,652,206
Sec. 2.402. Connecticut river watershed advisory commission
Grants 60,000
Source of funds
General fund 60,000
Sec. 2.403. 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. 2.404. Natural resources - state land local property tax assessment
Operating expenses 2,008,000
Source of funds
General fund 1,746,500
Interdepartmental transfer 261,500
Total 2,008,000
Sec. 2.405. Green up
Operating expenses 5,550
Grants 10,550
Total 16,100
Source of funds
General fund 5,550
Special funds 10,550
Total 16,100
Sec. 2.406. Fish and wildlife - support and field services
Personal services 12,028,245
Operating expenses 4,510,355
Grants 800,000
Total 17,338,600
Source of funds
General fund 1,855,348
Fish and wildlife fund 15,246,252
Interdepartmental transfer 237,000
Total 17,338,600
Sec. 2.407. Fish and wildlife - watershed improvement
Grants 100,000
Source of funds
Fish and wildlife fund 100,000
Sec. 2.408. Forests, parks and recreation - administration
Personal services 1,065,106
Operating expenses 637,346
Grants 1,861,600
Total 3,564,052
Source of funds
General fund 1,253,052
Special funds 1,406,000
Federal funds 905,000
Total 3,564,052
Sec. 2.409. Forests, parks and recreation - forestry
Personal services 4,657,620
Operating expenses 593,488
Grants 393,000
Total 5,644,108
Source of funds
General fund 4,017,108
Special funds 360,000
Federal funds 1,240,000
Interdepartmental transfer 27,000
Total 5,644,108
Sec. 2.410. Forests, parks and recreation - state parks
Personal services 5,412,517
Operating expenses 2,171,558
Grants 7,000
Total 7,591,075
Source of funds
General fund 1,231,181
Special funds 6,359,894
Total 7,591,075
Sec. 2.411. Forests, parks and recreation - lands administration
Personal services 437,682
Operating expenses 1,221,534
Total 1,659,216
Source of funds
General fund 429,216
Special fund 145,000
Federal funds 1,050,000
Interdepartmental transfer 35,000
Total 1,659,216
Sec. 2.412. Forests, parks and recreation - youth conservation corps
Personal services 304,459
Operating expenses 9,593
Grants 450,000
Total 764,052
Source of funds
General fund 50,000
Special funds 370,052
Federal funds 94,000
Interdepartmental transfer 250,000
Total 764,052
Sec. 2.413. Forests, parks and recreation - forest highway maintenance
Personal services 222,978
Operating expenses 101,000
Total 323,978
Source of funds
General fund 323,978
Sec. 2.414. Environmental conservation - management and support services
Personal services 3,049,394
Operating expenses 843,239
Grants 81,524
Total 3,974,157
Source of funds
General fund 1,008,234
Special funds 922,426
Federal funds 1,132,701
Interdepartmental transfer 910,796
Total 3,974,157
Sec. 2.415. Environmental conservation - air and waste management
Personal services 7,760,975
Operating expenses 6,181,405
Grants 1,411,000
Total 15,353,380
Source of funds
General fund 949,699
Special funds 11,121,126
Federal funds 3,108,570
Interdepartmental transfer 173,985
Total 15,353,380
Sec. 2.416. Environmental conservation - office of water programs
Personal services 14,086,391
Operating expenses 2,248,955
Grants 2,154,666
Total 18,490,012
Source of funds
General fund 7,105,906
Special funds 4,437,205
Federal funds 6,481,901
Interdepartmental transfer 465,000
Total 18,490,012
Sec. 2.417. Environmental conservation - tax loss Connecticut river flood control
Operating expenses 40,000
Source of funds
Special funds 40,000
Sec. 2.418. Natural resources board
Personal services 2,465,153
Operating expenses 345,108
Total 2,810,261
Source of funds
General fund 965,755
Special funds 1,844,506
Total 2,810,261
Sec. 2.419. Total natural resources 86,396,697
Source of funds
General fund 25,992,693
Fish and wildlife fund 15,346,252
Special funds 28,134,961
Federal funds 14,375,544
Interdepartmental transfer 2,547,247
Total 86,396,697
Sec. 2.501. Agency of commerce and community development - administration
Personal services 2,026,671
Operating expenses 639,041
Grants 1,146,200
Total 3,811,912
Source of funds
General fund 2,911,912
Federal funds 800,000
Interdepartmental transfer 100,000
Total 3,811,912
Sec. 2.502. Housing and community affairs
Personal services 2,302,051
Operating expenses 381,619
Grants 4,418,864
Total 7,102,534
Source of funds
General fund 1,393,684
Special funds 4,021,100
Federal funds 1,687,750
Total 7,102,534
Sec. 2.503. Historic sites - operations
Personal services 610,229
Operating expenses 298,325
Grants 3,000
Total 911,554
Source of funds
General fund 541,902
Special funds 369,652
Total 911,554
Sec. 2.504. Historic sites - special improvements
Personal services 304,537
Operating expenses 153,242
Total 457,779
Source of funds
Special funds 50,000
Federal funds 283,068
Interdepartmental transfer 124,711
Total 457,779
Sec. 2.505. Community development block grants
Grants 7,446,530
Source of funds
Federal funds 7,446,530
Sec. 2.506. Downtown transportation and capital improvement fund
Personal services 70,035
Grants 329,965
Total 400,000
Source of funds
Special funds 400,000
Sec. 2.507. Economic development
Personal services 1,924,000
Operating expenses 806,925
Grants 1,588,979
Total 4,319,904
Source of funds
General fund 3,544,554
Special funds 475,350
Federal funds 300,000
Total 4,319,904
Sec. 2.508. Vermont training program
Personal services 125,474
Operating expenses 33,754
Grants 1,483,621
Total 1,642,849
Source of funds
General fund 1,607,849
Special funds 35,000
Total 1,642,849
Sec. 2.509. Tourism and marketing
Personal services 1,670,581
Operating expenses 2,069,778
Grants 367,000
Total 4,107,359
Source of funds
General fund 4,101,359
Special funds 6,000
Total 4,107,359
Sec. 2.510. Vermont life
Personal services 667,074
Operating expenses 100,900
Total 767,974
Source of funds
Enterprise funds 767,974
Sec. 2.511. Vermont council on the arts
Grants 559,258
Source of funds
General fund 559,258
Sec. 2.512. Vermont symphony orchestra
Grants 125,402
Source of funds
General fund 125,402
Sec. 2.513. Vermont historical society
Grants 849,050
Source of funds
General fund 849,050
Sec. 2.514. Vermont housing and conservation board
Grants 26,350,369
Source of funds
Special funds 14,368,258
Federal funds 11,982,111
Total 26,350,369
Sec. 2.515. Vermont humanities council
Grants 190,239
Source of funds
General fund 190,239
Sec. 2.516. Total commerce 59,042,713
and community development
Source of funds
General fund 15,825,209
Special funds 19,725,360
Federal funds 22,499,459
Enterprise funds 767,974
Interdepartmental transfer 224,711
Total 59,042,713
Sec. 2.601. Transportation - finance and administration
Personal services 9,314,503
Operating expenses 2,560,917
Total 11,875,420
Source of funds
Transportation fund 11,375,420
Federal funds 500,000
Total 11,875,420
Sec. 2.602. Transportation - aviation
Personal services 1,928,595
Operating expenses 7,336,829
Grants 160,000
Total 9,425,424
Source of funds
Transportation fund 2,207,424
Federal funds 7,218,000
Total 9,425,424
Sec. 2.603. Transportation - buildings
Personal services 72,000
Operating expenses 1,574,000
Total 1,646,000
Source of funds
Transportation fund 1,646,000
Sec. 2.604. Transportation - program development
Personal services 35,192,941
Operating expenses 106,514,171
Grants 23,370,050
Total 165,077,162
Source of funds
Transportation fund 28,465,101
Local match 1,476,992
Federal funds 131,223,819
Interdepartmental transfer 3,911,250
Total 165,077,162
Sec. 2.605. Transportation - rest areas
Personal services 100,000
Operating expenses 3,850,000
Total 3,950,000
Source of funds
Transportation fund 417,300
Federal funds 3,532,700
Total 3,950,000
Sec. 2.606. Transportation - maintenance state system
Personal services 32,012,562
Operating expenses 31,632,292
Grants 316,020
Total 63,960,874
Source of funds
Transportation fund 60,295,608
Federal funds 3,565,266
Interdepartmental transfer 100,000
Total 63,960,874
Sec. 2.607. Transportation - policy and planning
Personal services 4,383,915
Operating expenses 1,234,291
Grants 5,404,744
Total 11,022,950
Source of funds
Transportation fund 1,983,875
Federal funds 8,639,075
Interdepartmental transfer 400,000
Total 11,022,950
Sec. 2.608. Transportation - rail
Personal services 7,574,901
Operating expenses 9,220,000
Total 16,794,901
Source of funds
Transportation fund 8,538,901
Federal funds 8,256,000
Total 16,794,901
Sec. 2.609. Transportation - bridge maintenance
Operating expenses 12,448,348
Source of funds
Transportation fund 3,008,456
Federal funds 9,439,892
Total 12,448,348
Sec. 2.610. Transportation - public transit
Personal services 646,295
Operating expenses 58,784
Grants 19,014,142
Total 19,719,221
Source of funds
Transportation fund 6,677,897
Federal funds 13,041,324
Total 19,719,221
Sec. 2.611. Transportation - central garage
Personal services 3,305,508
Operating expenses 11,625,266
Total 14,930,774
Source of funds
Internal service funds 14,930,774
Sec. 2.612. Department of motor vehicles
Personal services 17,549,186
Operating expenses 8,037,725
Grants 339,000
Total 25,925,911
Source of funds
Transportation fund 23,854,657
Federal funds 2,071,254
Total 25,925,911
Sec. 2.613. Transportation - town highway structures
Grants 3,833,500
Source of funds
Transportation fund 3,833,500
Sec. 2.614. Transportation - town highway Vermont local roads
Grants 375,000
Source of funds
Transportation fund 235,000
Federal funds 140,000
Total 375,000
Sec. 2.615. Transportation - town highway class 2 roadway
Grants 6,448,750
Source of funds
Transportation fund 6,448,750
Sec. 2.616. Transportation - town highway bridges
Personal services 3,650,000
Operating expenses 13,570,089
Grants 382,200
Total 17,602,289
Source of funds
Transportation fund 2,465,134
Local match 1,076,319
Federal funds 14,060,836
Total 17,602,289
Sec. 2.617. Transportation - town highway aid program
Grants 24,982,744
Source of funds
Transportation fund 24,982,744
Sec. 2.618. Transportation - town highway class 1 supplemental grants
Grants 128,750
Source of funds
Transportation fund 128,750
Sec. 2.618.1. Transportation - town highway emergency fund
Grants 250,000
Source of funds
Transportation fund 250,000
Sec. 2.619. Transportation - municipal mitigation grant program
Grants 2,112,998
Source of funds
Transportation fund 247,998
Federal funds 1,865,000
Total 2,112,998
Sec. 2.620. Transportation - public assistance grant program
Grants 200,000
Source of funds
Federal funds 200,000
Sec. 2.621. Transportation board
Personal services 78,185
Operating expenses 11,806
Total 89,991
Source of funds
Transportation fund 89,991
Sec. 2.622. Total transportation 412,801,007
Source of funds
Transportation fund 187,152,506
Local match 2,553,311
Federal funds 203,753,166
Internal service funds 14,930,774
Interdepartmental transfer 4,411,250
Total 412,801,007
Sec. 2.701. Debt service
Debt service 71,459,051
Source of funds
General fund 67,048,726
Transportation fund 1,914,650
Special funds 2,495,675
Total 71,459,051
Sec. 2.702. Total debt service 71,459,051
Source of funds
General fund 67,048,726
Transportation fund 1,914,650
Special funds 2,495,675
Total 71,459,051
Sec. 2.801. FISCAL YEAR 2009 NEXT GENERATION
APPROPRIATIONS
(a) In fiscal year 2009, the following amount is appropriated from special funds:
(1) from the next generation
initiative fund, created in 16 V.S.A.
§ 2887: 8,000,000
Sec. 2.802. FISCAL YEAR 2009 ONE-TIME APPROPRIATIONS
(a) In fiscal year 2009, the following amounts are appropriated from the general fund:
(1) to the legislature, for planning and preparation for the 2009 council of state governments northeast regional meeting in Vermont: 100,000
(2) to the department of tourism and marketing, for the Vermont Quadricentennial: 50,000
(3) to the department of economic development, for regional development corporations: 75,000
(4) to the department of education, for science assessments: 300,000
(5) to the Vermont economic development authority, for targeted emergency financing assistance: 500,000
Sec. 2.802.1. FISCAL YEAR 2009
GENERAL FUND APPROPRIATIONS
REDUCTIONS AS SPECIFIED IN DETAIL IN SEC. 5.006
(a) Agency of commerce and community development: (500,000)
(b) Discretionary spending: (60,000)
(c) Travel: (998,627)
Sec. 2.803. SETTLEMENT
CONTINGENT APPROPRIATIONS
(Sec. 5.802.)
(a) Vermont housing and conservation board per Sec. 5.802(a)(1): 1,000,000
(b) Higher education institutions per Sec. 5.802(a)(2): 2,266,045
(c) Vermont state teachers’ retirement fund per Sec. 5.802(a)(3): 2,300,000
Sec. 3.001. [DELETED]
Sec. 3.002. [DELETED]
Sec. 3.003. FISCAL YEAR
2008 GENERAL FUND CONTINGENT
APPROPRIATIONS, TRANSFERS AND RESERVES
(Sec. 5.803)
(a) Secretary of state for the 2008 elections per Sec. 5.803(a)(3)(A): 450,000
(b) Economic recovery and opportunity initiatives per Sec. 5.803(a)(3)(B): 2,000,000
(c) Agency of human services for Global Commitment per Sec. 5.803(a)(3)(C): 5,400,000
(d) Fuel assistance per Sec. 5.803(a)(3)(D): 4,000,000
Sec. 4.001. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax. Expenditures from these appropriations shall not exceed available revenues. Notwithstanding Sec. 266(a)(4) of No. 65 of the Acts of 2007:
(1) The sum of $314,503 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 $314,503 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 $13,383,258 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 $13,383,258 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 $4,302,105 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,302,105 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The $4,302,105 shall be allocated as follows:
(A) $3,011,473 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);
(B) $860,421 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);
(C) $430,210 to the Vermont center for geographic information.
(4) It is the intent of the general assembly that in fiscal year 2010, the appropriations in this subsection shall increase by at least 4.5 percent.
Sec. 4.002. FUND TRANSFERS
(a) The following amounts are transferred from the funds indicated:
(1) from the general fund to the:
(A) communications and information technology internal service fund established by 22 V.S.A. § 902a: $400,000.
(B) Catamount fund established by 33 V.S.A. § 1986: $1,800,000.
(C) next generation initiative fund established by 16 V.S.A. § 2887: $8,000,000.
(2) from the transportation fund to the:
(A) 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: $400,000.
(3) Transfers to the general fund from the following funds are as follows:
(A) single audit internal service fund: $60,000;
(B) financial management internal service fund: $140,969;
(C) securities regulatory and supervision special fund: $112,000;
(D) crime victims’ restitution fund: $15,000;
(E) insurance regulatory and supervision fund: $104,650.
Sec. 4.002.1. ONE-TIME FUND TRANSFERS FOR FISCAL YEAR 2009
DEFICIT AVOIDANCE AND ECONOMIC RECOVERY
AND OPPORTUNITY
(a) In order to avoid a deficit in the general fund in fiscal year 2009 as a result of the April 2008 official revenue forecast revision and notwithstanding all applicable statutes to the contrary, in addition to other transfers and appropriations in this act, the following amounts are transferred to the general fund from the funds indicated:
(1) $2,000,000 from the restitution fund established by 13 V.S.A. § 5363. It is the intent of the general assembly that the restitution fund be repaid.
(2) $650,000 from the tobacco trust fund established by 18 V.S.A. § 9502. These funds are transferred to address the fiscal year 2009 costs of H.887 of 2008, Health Care Reform.
(3) $957,703 from the human services caseload reserve established by 32 V.S.A. § 308b. These funds are unreserved to offset caseload expenditures for developmentally disabled Vermonters graduating from high school and transitioning to adult services and for child care subsidies for Vermont children deemed at risk of abuse and neglect.
(4) $500,000 from the veterans’ home special fund.
(5) $66,807 from the financial management internal service fund.
(6) $2,807,618 from the petroleum cleanup fund established in 10 V.S.A. § 1941 for the purposes of funding economic recovery and opportunity initiatives in Sec. 5.506, Sec. 5.507, and a general sales tax holiday authorized in H.888 of 2008.
(7) $100,000 from the clean energy development fund established in 10 V.S.A. § 6523 for the purpose of offsetting revenue related to a sales tax holiday on energy efficient appliances authorized in H.888 of 2008.
(b) In order to offset the impact of sales tax holidays authorized in H.888 of 2008, $666,600 is transferred from the general fund to the education fund in fiscal year 2009.
Sec. 4.002.2. REVERSION OF GENERAL FUND APPROPRIATION
(a) $80,000 of the funds transferred by the emergency board on July 18, 2006, to agriculture, food and markets – agricultural development, for the temporary farm assistance program, in Dept ID 2200030000, shall revert to the general fund in fiscal year 2009.
(b) $1,000,000 of the funds transferred by the emergency board on August 23, 2007, to the department for children and families for home heating fuel assistance shall revert to the general fund in fiscal year 2009.
Sec. 4.002.3. FISCAL YEAR 2008; ONE-TIME TRANSFER
(a) $200,000 shall be transferred to the general fund from the insurance regulatory and supervision fund in fiscal year 2008, notwithstanding any other provision of law, and in addition to other transfers specified in other legislation.
Sec. 4.003. TOBACCO LITIGATION SETTLEMENT FUND BALANCE
(a) Notwithstanding 18 V.S.A. § 9502(b), the actual balance at the end of fiscal year 2008 in the tobacco litigation settlement fund shall remain for appropriation in fiscal year 2009.
Sec. 4.004. TRANSFER OF TOBACCO TRUST FUNDS
(a) Notwithstanding 18 V.S.A. § 9502(a)(3) and (4), at the close of fiscal year 2009, 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 2009, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2009 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.
(b) Notwithstanding 18 V.S.A. § 9502(a)(3) and (4), the actual amount of investment earnings of the tobacco trust fund at the end of fiscal year 2008 (estimated to be $1,547,368) and at the end of fiscal year 2009 (estimated to be $1,646,619) shall be transferred from the tobacco trust fund to the tobacco litigation settlement fund for appropriation in fiscal year 2009.
Sec. 5.001. 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. 5.002. 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. 5.003. FEDERAL FUNDS
(a) In fiscal year 2009, 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 2009, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2008 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 intends 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. 5.004. 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
Tax department ‑ 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. 5.005. 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 2009 except for new positions authorized by the 2008 session. Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.
Sec. 5.006. Secretary of administration – secretary’s office (Sec. 2.001, #1100010000)
(a) Of this appropriation, $150,000 is made available for grants to be awarded on a competitive basis among the 11 existing regional marketing programs (RMP). In addition to these funds, any prior fiscal year RMP grant funds not awarded shall carry forward into the current fiscal year.
(b) The number of grants and the amount of the grants shall be established by the secretary of administration. Review of the grant applications and award of the grants shall be carried out by the chief marketing officer in conjunction with the secretary of administration.
(c) Following the awards of grants, RMPs shall submit appropriately documented expenses, consistent with the approved grants, to the state for reimbursement.
(d) The secretary of administration is directed to reduce travel budgets throughout the executive branch of state government, thereby reducing operating expense appropriations by $998,627. This shall be accomplished through a combination of general fund reductions and direct applications to the general fund from alternative fund reductions. The secretary shall provide an update to the joint fiscal committee in November 2008 on these reductions.
(e) The secretary of administration is directed to develop and implement a program to provide incentives to increase use of Internet conferencing technology and Vermont interactive television throughout the executive branch of state government in order to reduce operating expenses associated with in‑state travel.
(f) The secretary is directed to ensure that any operating expenses of the Vermont racing commission are minimized to the greatest extent possible.
(g) The secretary is directed to instruct all agencies to seek to minimize print and postage expenses by utilizing electronic means of publishing and communications. When providing reports, letters and other communications to the members of the general assembly, agencies and departments are encouraged to use nonpaper means. In regard to annual budget presentations, the administration and legislative staff shall make recommendations to enhance the use of information technology to reduce the use of paper.
(h) The secretary of administration is directed to reduce operating expense general fund appropriations throughout the executive branch of state government by $60,000 for discretionary expenditures such as calendars and logo printed items.
(i) The secretary of administration is directed to reduce the general fund appropriations in the agency of commerce and community development by $500,000. In making this reduction, the secretary shall ensure that general fund grants to organizations included in the agency of commerce and community development budget are reduced by no more than five percent and that the staffing for the downtown and growth centers programs is maintained at adequate levels. The secretary shall update the joint fiscal committee regarding this subsection at the November 2008 meeting.
(j) The secretary of administration, in consultation with the commissioner of buildings and general services and the chief marketing officer, shall examine the potential for saving state funds by establishing a video production service within state government and reducing expenditures by departments on these services. Recommendations resulting from this examination may be included in fiscal year 2010 budget presentations.
(k) The secretary of administration is directed to initiate a program by September 30, 2008 which requires all state employees to receive paperless notification of their direct deposit payroll advice. The secretary and representatives of the Vermont state employees’ association are encouraged to meet to determine the most expeditious and efficient means of implementing this section.
Sec. 5.007. Information and innovation – communications and information technology (Sec. 2.002, #1105500000)
(a) Of this appropriation, $400,000 is for a grant to the Vermont telecommunications authority established in 30 V.S.A. § 8061.
Sec. 5.008. Information and innovation – Vermont information technology leaders (VITL) (Sec. 2.003, #1105003000)
(a) The department of information and innovation (DII) will use the funds appropriated in this section for the Vermont information technology leaders (VITL) to coordinate with the Vermont Blueprint for Health chronic care initiative and other health care-related statewide information technology programs and projects. These programs and projects will provide public health approaches to improve the health outcomes and the quality of life for all Vermonters, including those who are Medicaid-eligible, and encourage the formation and maintenance of public-private partnerships in statewide health information exchange.
Sec. 5.009. Finance and management – financial operations (Sec. 2.005, #1115001000)
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $5,853,981, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, are hereby approved. Of this amount, $1,305,490, plus the costs of fiscal year 2009 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 technical services division.
Sec. 5.010. Sec. 20 of No. 65 of the Acts of 2007, as amended by Sec. 5 of No. 90 of the Acts of 2008 is further amended to read:
Sec. 20. Buildings and general services-information centers
* * *
(a) Of the above appropriation, up
to $50,000 in special funds is appropriated allocated to
facilitate private fund raising for improvements to the state house in
accordance with the conceptual plan dated January 13, 2006. No naming
opportunities shall be offered in connection with fund raising efforts. These
funds may not be used to supplant any existing personal service or operating
expenses in state government. This
amount shall be appropriated to the commissioner of buildings and general
services. The commissioner shall select an organization to receive and utilize
the funds to engage in private fundraising for improvements to the state house
in accordance with the conceptual plan dated January 13, 2006. The
organization selected to receive the funds shall be an organization exempt from
taxation under 26 U.S.C. § 501(c)(3) or an organization seeking such an
exemption, in which case the funds shall not be disbursed to the organization
until the exemption is received.
Sec. 5.011. Buildings and general services – workers’ compensation insurance (Sec. 2.021, #1160450000)
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges not to exceed $9,086,790 are hereby approved.
Sec. 5.012. Buildings and general services – fee-for-space (Sec. 2.024, #1160550000)
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $24,120,426, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, are hereby approved.
Sec. 5.012.1. Legislature (Sec. 2.029, # 1210002000)
(a) The amount of $31,000 from account # 1210890505 is transferred to agriculture, food and markets – administration for expenditures, notwithstanding Sec. 263(g)(19) of No. 71 of the Acts of 2005.
(b) The chief legislative counsel shall seek to minimize printing expenses for legislative documents, including bills, calendars, and journals by reviewing current policies, the terms of the current printing contract, and available technology to accomplish budgetary savings.
(c) Of this appropriation, $438,000 shall be available for fiscal year 2009 expenditures of the health care reform commission created pursuant to 2 V.S.A. § 901 and $185,000 is allocated for health care information technology research and policy analysis. Consultants hired under this section are supervised by the director of the health care reform commission and the chairs of the house and senate committees on appropriations.
(d) It is the intent of the general assembly that funding for the legislature in fiscal year 2010 and beyond be included at a level sufficient to support an 18‑week legislative session.
Sec. 5.012.2. JOINT FISCAL
COMMITTEE – NUCLEAR ENERGY
ANALYSIS (Sec. 2.031)
(a) The joint fiscal committee may authorize or retain consultant services to assist the general assembly in any proceeding commenced under 30 V.S.A. § 248(e).
(b) Consultants retained pursuant to subsection (a) of this section shall work under the direction of a special committee consisting of the chairs of the house and senate committees on natural resources and energy and the joint fiscal committee.
(c) The public service board shall allocate expenses incurred pursuant to subsection (a) of this section to the applicant or the public service company or companies involved in those proceedings and such allocation and expense may be reviewed by the public service board pursuant to 30 V.S.A. § 21.
Sec. 5.013. State treasurer (Sec. 2.035, #1260010000)
(a) Of this general fund appropriation, $30,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541.
Sec. 5.014. Vermont state retirement system (Sec. 2.037, #1265020000)
(a) Notwithstanding 3 V.S.A. § 473(d), in fiscal year 2009, investment fees shall be paid from the corpus of the fund.
Sec. 5.015. Lottery commission (Sec. 2.045, #2310010000)
(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 lottery commission shall provide assistance and work with the Vermont council on problem gambling on systems and program development.
Sec. 5.016. Payments in lieu of taxes (Sec. 2.046, #1140020000)
(a) This 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. 5.017. Payments in lieu of taxes - Montpelier (Sec. 2.047, #1150800000)
(a) Payments in lieu of taxes under this section shall be paid from the pilot special fund under 32 V.S.A. § 3709.
Sec. 5.018. Payments in lieu of taxes - correctional facilities (Sec. 2.048, #1140030000)
(a) Payments in lieu of taxes under this section shall be paid from the pilot special fund under 32 V.S.A. § 3709.
Sec. 5.101. Attorney general (Sec. 2.101, #2100001000)
(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.
(b) Two (2) full-time exempt Assistant Attorney General positions (#047010, #047007) shall be transferred from the department of human resources to the office of the attorney general.
Sec. 5.101.1. Judiciary (Sec. 2.105, #2120000000)
(a) The general assembly recognizes that the allocation of resources in the judiciary, including judges and staff and operating expenses, is controlled to a great degree by statute and does not always allow flexibility to meet the judiciary’s constitutional responsibilities in the most efficient and effective manner. The general assembly also recognizes that new technologies, including video transmission and electronic documents and filing, provide opportunities to increase efficiency while maintaining or improving access to judicial proceedings. In order to develop specific proposals for consideration of the general assembly, the general assembly requests the supreme court to appoint and convene a commission on judicial operation to consist of members representing the judicial, legislative, and executive branches of government and persons representing the citizens of Vermont in a number to be determined by the court. The chief justice shall appoint the chair. The commission shall expire on June 30, 2010. The commission may obtain funding to contract for staff and research support. The commission shall from time to time make recommendations by report to the senate and house committees on judiciary, and appropriations, the house committee on corrections and institutions, and the senate committee on government operations. By January 15, 2009, the commission shall report to those committees with specific proposals regarding subdivision (1) of this section with accompanying draft legislation to implement those proposals, and by January 15, 2010 shall address all the following areas:
(1) Consolidation of staff, including clerks of courts, paid by the state within the judiciary budget and consolidation of staff functions across courts in individual counties and statewide;
(2) Regionalization of court administrative functions, both those now performed at the state level and those performed at the county level;
(3) Use of technology, including video technology, to reduce unnecessary expenditures, including transport of prisoners, while improving access and maintaining the quality of adjudication;
(4) Flexibility in use of resources to respond to the demands on the judiciary overall and particularly in instances where the amount and nature of demand changes;
(5) Reallocation of jurisdiction between courts, consistent with effective and efficient operation; and
(6) Any other idea for the efficient and effective delivery of judicial services.
(b) $30,000 of this appropriation shall be used for the Vermont sentencing commission recidivism rate analysis by the center for justice research.
Sec. 5.102. Sheriffs (Sec. 2.108, #2130200000)
(a) Of this appropriation, $15,000 shall be transferred to the state’s attorneys’ office as reimbursement for the cost of the executive director’s salary.
Sec. 5.103. Public safety – administration (Sec. 2.109, #2140060000)
(a) The commissioner of public safety shall report to the joint fiscal committee at the committee’s September and November 2008 meetings on the status of the fiscal year 2009 public safety budgets, including management of anticipated budget shortfalls. The report shall:
(1) describe management practices intended to reduce budget shortfall;
(2) project the amount of any anticipated budget shortfalls;
(3) describe the nature of and degree to which public safety efforts have been curtailed in response to the budget shortfall;
(4) include funding history and summary of activities for DUI units.
(b) Of the funds appropriated to the department of public safety, $32,000 shall be used to make a grant to the Essex County sheriff’s department. The commissioner may transfer this amount from line items in this appropriation or other department of public safety appropriations to implement this directive.
Sec. 5.104. Public safety - state police (Sec. 2.110, #2140010000)
(a) Of this 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 $255,000 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. Of the remaining funds, $50,000 is allocated for the city of Rutland to fund a position for one year. Any additional available funds shall remain as a “pool” available to local and county law enforcement to fund overtime costs associated with heroin investigations. Any unexpended funds from prior fiscal years allocations for local heroin interdiction shall be carried forward.
Sec. 5.105. Public safety - fire safety (Sec. 2.113, #2140040000)
(a) Of this general fund appropriation, $55,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.
Sec. 5.106. Public safety - emergency management - radiological emergency response plan (Sec. 2.115, #2140080000)
(a) Of this 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. 5.107. Military – administration (Sec. 2.116, #2150010000)
(a) Of this appropriation, $200,000 shall be disbursed to the Vermont student assistance corporation for the national guard educational assistance program established in 16 V.S.A. § 2856.
Sec. 5.108. Military - veterans’ affairs (Sec. 2.120, #2150050000)
(a) Of this appropriation, $15,000 shall be used for continuation of the Vermont medal program, $15,000 shall be used for the expenses of the governor’s veterans’ advisory council, $15,000 shall be used for the Veterans’ Day parade, and $5,000 shall be granted to the Vermont state council of the Vietnam Veterans of America to fund the service officer program.
Sec. 5.109. Sec. 78a of No. 65 of the Acts of 2007 is amended to read:
Sec. 78a. MEMORIAL GARDEN; LOAN
* * *
(b) The authorization to lend in subsection (a) of this section is not limited to fiscal year 2008.
Sec. 5.110. Center for crime victims services (Sec. 2.121, #2160010000)
(a) Of the appropriation in this section, $50,000 shall be for a grant to certified batterer intervention programs.
(b) It is the intent of the general assembly that in fiscal year 2010, general funds in the amount of $1,075,000 shall be included in the base budget to replace special funds that will no longer be available for the center for crime victims services. Additionally, it is the intent of the legislature that in fiscal year 2011, the $182,215 grant to the department for children and families for the domestic violence unit, the $150,000 grant to the Vermont network against domestic violence, and the $100,000 grant to the department of corrections victims services be supported with general funds.
(c) Notwithstanding 13 V.S.A. § 5363(d)(1)(A) and in accordance with all other provisions of 13 V.S.A. § 5363 the restitution unit is authorized to advance restitution payments to victims of crime with a valid court order entered on or between January 1, 2000 and June 30, 2004. It is the intent of the general assembly that such payments occur sequentially beginning in fiscal year 2009 and ending in fiscal year 2012. The restitution unit will promulgate rules regarding the payment of funds and the time frame victims will have to make a claim under this provision.
Sec. 5.110.1. Agriculture, food and markets – administration (Sec. 2.123)
(a) The secretary of agriculture, food and markets, in collaboration with the commissioner of labor and the commissioner of the department of banking, insurance, securities, and health care administration, shall continue the efforts made regarding enhancing farm safety. The secretary shall report to the general assembly in January 2009 on the estimated cost of implementing an enhanced program under Sec. 16(b) of No. 38 of the Acts of 2007.
Sec. 5.110.2. Department of banking, insurance, securities, and health care administration - banking (Sec. 2.130)
(a) The commissioner shall establish a toll free mortgage assistance line and shall dedicate a mortgage assistance specialist to staff the assistance line. The line shall provide Vermonters at risk of mortgage default with information and assistance.
(b) The banking division may help Vermonters contact their lenders and assist them in negotiating a 60 day mortgage payment grace period with their lenders.
Sec. 5.111. Department of banking, insurance, securities, and health care administration – health care administration (Sec. 2.134, #2210040000)
(a) The department of banking, insurance, securities, and health care administration (BISHCA) will use the Global Commitment funds appropriated in this section for health care administration for the purpose of funding certain health care-related BISHCA programs, projects, and activities to: reduce the rate of uninsured and/or underinsured persons in Vermont; increase the access of quality health care to uninsured persons, underinsured persons, and Medicaid beneficiaries; and/or encourage the formation and maintenance of public-private partnerships in health care.
Sec. 5.112. Secretary of state (Sec. 2135, # 2230010000)
(a) The corporation division of the secretary of state’s office represents $492,991 of this special fund appropriation, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 5613.
(b) The secretary of state is authorized to spend, in addition to its appropriation in this act, up to $450,000 for the purpose of conducting the 2008 primary and general elections, and it is the intent of the general assembly to provide an additional appropriation in this amount in the fiscal year 2009 budget adjustment act if funding is not available through Sec. 5.803 of this act.
Sec. 5.113. Enhanced 9-1-1 Board (Sec. 2.139, #2260001000)
(a) Of this appropriation, $1,823,443 shall be transferred to the department of public safety for 911 call-takers at public safety answering points operated by the department of public safety.
Sec. 5.201. Agency of human services – secretary’s office (Sec. 2.201, #3400001000)
(a) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” and costs related to juvenile justice to the departments in the agency of human services designated to provide these services.
(b) Of these 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 for youth.
(c) Of this 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.
(d) Of this tobacco fund appropriation, $85,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 shall be for housing provisions for at-risk youth.
(e) Of the funds appropriated to the secretary, $100,000 shall be available for the pathways to housing program.
Sec. 5.202. Secretary’s office – Global Commitment (Sec. 2.202, #3400004000)
(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 for 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 $34,127,822 is anticipated to be certified as state matching funds under the Global Commitment as follows:
(1) $15,518,544 certified state match available from local education agencies. This amount combined with $22,657,456 of federal funds appropriated in this section equals a total estimated expenditure of $38,176,000 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) $8,956,247 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.
(3) $4,632,833 certified state match available from local education and social service agencies for eligible services provided to eligible persons through children’s collaborative services programs.
(4) $2,843,472 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.
(5) $2,176,726 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.
(c) The secretary of human services and the office of Vermont health access shall explore the possibility of receiving federal matching funds to maximize its ability to contribute to the health IT-fund established in 32 V.S.A. § 10301.
Sec. 5.202.1. Sec. 105(b) of No. 65 of the Acts of 2007 as amended by Sec. 25 of No. 90 of the Acts of 2008, is further amended to read:
(b) In addition to the state funds
appropriated in this section, a total estimated sum of $34,695,908 $32,241,016
is anticipated to be certified as state matching funds under the Global
Commitment as follows:
(1) $17,283,434 $14,828,542
certified state match available from local education agencies. This amount
combined with $24,881,566 $21,347,458 of federal funds
appropriated in this section equals a total estimated expenditure of $42,165,000
$36,176,000 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.
* * *
Sec. 5.203. Health Care Charitable Initiative Partnership
(a) The agency of human services shall analyze the potential to create a charitable initiative in partnership with hospital to assist Vermonters who are uninsured and/or underinsured. Elements to include in this analysis are enumerated in subsection (b) below. The agency shall report to the house and senate committees on appropriations on or before December 15, 2008.
(b) Elements of a health care charitable initiative partnership shall include but are not limited to the following:
(1) Hospitals, other institutions, and individuals making voluntary contributions to a state special fund.
(2) The monies in the special fund being used to provide grants to support initiatives meeting one of the following criteria provided for in number 57 of the amended Special Terms and Conditions for Global Commitment to Health Section 1115 Medicaid Waiver (“Global Commitment”);
(A) Reducing the rate of uninsured and/or underinsured in Vermont;
(B) Increasing the access of quality health care to uninsured;
(C) Providing public health approaches to improve the health outcomes and the quality of life for Medicaid-eligible individuals in Vermont; and
(D) Encouraging the formation and maintenance of public-private partnerships in health care.
(3) Creating a process to provide grants meeting the criteria in subdivision (2) of this subsection involving contributors to the special fund in the grant process.
(4) To the extent allowed under Global Commitment, matching monies in the state special funds with federal funds.
Sec. 5.203.1. Sec. 111b(a) of No. 65 of the Acts of 2007 is amended to read:
(a) Effective on July
1, 2008, the agency of human services is directed to shall
reinstate chiropractic coverage for adults in the Medicaid and VHAP programs
consistent with section 4088a of Title 8 and at rates comparable to payments
for care or services by other health care providers not to exceed Medicare
rates. The fiscal year 2009 Medicaid expenditure forecast adopted by the
emergency board shall include the reinstatement of chiropractic coverage.
Sec. 5.203.2. Office of Vermont health access – Medicaid program – Global Commitment (Sec. 2.270, #3410015000)
(a) Of this appropriation, $2,000,000 is designated for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services for children and adolescents between the ages of 0-22 who have been diagnosed with developmental disabilities and who are Medicaid-eligible. The services to be provided under this appropriation are those required under federal Medicaid law and include case management, and rehabilitative and behavioral therapies.
(b) Consistent with and subject to expedited rules, the agency of human services is authorized to implement income disregards under the terms and conditions under the Global Commitment for the Health Waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act, when determining premium contributions for Catamount Health under 8 V.S.A. § 4080f or employer-sponsored insurance with premium assistance under 33 V.S.A. § 1974.
Sec. 5.204. [DELETED]
Sec. 5.205. Sec. 147(f) of No. 66 of the Acts of 2003, as amended by Sec. 280 of No. 71 of the Acts of 2005, and Sec. 12 of No. 191 of the Acts of 2006 is further amended to read:
(f) Dr. Dynasaur and SCHIP premium changes.
(1) The agency is authorized to amend the rules for individuals eligible for Dr. Dynasaur under the federal Medicaid and SCHIP programs to require beneficiary households to pay a monthly premium based on the following:
(A) for
individuals living in households whose incomes are greater than 225 percent of
FPL and less than or equal to 300 percent of FPL, and who have no other
insurance coverage $40.00 $60.00 per household per month.
(B) for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have other insurance coverage: $20.00 per household per month.
(C) for individuals living in households whose incomes are greater than 185 percent of FPL and less than or equal to 225 percent of FPL: $15.00 per household per month.
* * *
Sec. 5.206. MEDICAID FISCAL YEAR 2009 CONTINGENT FUNDING
(a) Fiscal year 2009 funding of the Medicaid program anticipates $8,090,000 of state funds appropriated in fiscal year 2008 to be carried forward and available in fiscal year 2009.
(b) In addition to subsection (a) of this section, to the extent that fiscal year 2008 office of Vermont health access Medicaid expenditures fall below the amount currently authorized in fiscal year 2008, up to $13,960,000 of total state and federal appropriations authority shall be carried forward and used to fund increases for program reimbursement rates to providers and program expenses as follows:
(1) First, $1,000,000 for Boston Children’s Hospital.
(2) Second, $12,960,000 allocated as follows, the amounts below shall be prorated equitably if less than $12,960,000 is available;
(A) $8,000,000 for Vermont hospitals;
(B) $1,000,000 for home health care providers;
(C) $1,300,000 for Dartmouth Medical Center;
(D) $660,000 to provide a $2 per day rate increase for assisted community care service providers;
(E) $2,000,000 shall be carried forward to fund expenses of the choices for care waiver program in fiscal year 2009.
(3) Third, any additional funds above $13,960,000 shall be carried forward and reserved for the Global Commitment waiver.
Sec. 5.207. Sec. 1 of No. 56 of the Acts of 2005 as amended by Sec. 112a of No. 65 of the Acts of 2007 is further amended to read:
Sec. 1. LONG-TERM CARE MEDICAID
1115 WAIVER; CHOICES
FOR CARE
* * *
(g)(1) Any savings realized due to the implementation of the long-term care Medicaid 1115 waiver shall be retained by the department and reinvested into providing home and community-based services under the waiver. If at any time the agency reapplies for a Medicaid waiver to provide these services, it shall include a provision in the waiver that any savings shall be reinvested.
(2) In its annual budget presentation, the department of disabilities, aging, and independent living shall include the amount of savings generated from individuals receiving home and community-based care services instead of services in a nursing home through the Choices for Care waiver and a plan with details on the recommended use of the appropriation. The plan shall include the base appropriation; the method for determining savings; how the savings will be reinvested in home and community-based services, including the allocation between increases in caseloads and increases in provider reimbursements; and a breakdown of how many individuals are receiving services by type of service. The department shall convene a working group from its advisory council for the purpose of providing input on the advisability of seeking renewal of the waiver and how with any new waiver there can be timely reporting to providers and consumers on reinvested savings.
* * *
Sec. 5.207.1. Sec. 70(g)(7) of No. 93 of the Acts of 2006, as amended by Sec. 272 of No. 215 of the Acts of 2006, is further amended to read:
(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 July 1, 2006, 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.
Sec. 5.207.2. LONG-TERM CARE; RATE SETTING
(a) The division of rate setting shall amend the rules for Medicaid payments to nursing homes as necessary to maximize the amount of federal matching funds available for the implementation of certain recommendations of the nursing home reimbursement methodology task force established pursuant to Sec. 1a(c) of No. 56 of the Acts of 2005, as amended by Sec. 149a of No. 215 of the Acts of 2006. Changes necessary to achieve the purpose of this provision may be applied retroactively and shall be exempt from the procedural requirements of 3 V.S.A. chapter 25, except that the agency of human services shall make reasonable efforts to ensure that such changes are made known to persons who may be affected by them. The required rule changes shall stay in effect until such time as they are amended pursuant to 3 V.S.A. chapter 25.
Sec. 5.207.3. FISCAL YEAR 2009 NURSING HOME INFLATION
(a) Notwithstanding any other provision of law, for state fiscal year 2009, the division of rate setting shall modify its methodology for calculating Medicaid rates for nursing homes by calculating the inflation factors for the nursing, director of nursing, resident care, and indirect cost categories as follows. The division shall make a preliminary computation of the inflation factors for state fiscal year 2009 according to its rules, but in setting the rates shall limit the amount of the increase in inflation between rate years 2008 and 2009 to one half of the difference between the inflation factors as used to calculate the rates for state fiscal year 2008 and those in the preliminary computation for state fiscal year 2009.
Sec. 5.208. EXPEDITED RULEMAKING FOR PREMIUM INCREASES
(a) In order to administer the provisions of this act relating to premium increases for SCHIP, V-pharm, Vermont-Rx, Catamount Health with premium assistance, and employer-sponsored insurance with premium assistance (ESIA) programs in a timely fashion, notwithstanding the provisions of 3 V.S.A. chapter 25, the agency of human services shall adopt rules pursuant to the following:
(1) The secretary shall file final proposed rules with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after publication, in three daily newspapers with the highest average circulation in the state, of a notice that lists the rules to be adopted pursuant to this process and a seven-day public comment period following publication.
(2) The secretary shall file final proposed rules with the legislative committee on administrative rules no later than 28 days after the effective date of this act.
(3) The legislative committee on administrative rules shall review, and may approve or object to, the final proposed rules under 3 V.S.A. § 842, except that its action shall be completed no later than 14 days after the final proposed rules are filed with the committee.
(4) The secretary may adopt a properly filed final proposed rule after the passage of 14 days from the date of filing final proposed rules with the legislative committee on administrative rules or after receiving notice of approval from the committee, provided the secretary:
(A) has not received a notice of objection from the legislative committee on administrative rules; or
(B) after having received a notice of objection from the committee, has responded pursuant to 3 V.S.A. § 842.
(5) Rules adopted under this section shall be effective upon being filed with the secretary of state and shall have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25. Rules filed by the secretary of the agency of human services with the secretary of state pursuant to this section shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the secretary of state if filed with a certification by the secretary of the agency of human services that the rule is required to meet the purposes of this section.
Sec. 5.208.1. SCHIP CONTINGENT PREMIUM INCREASE
(a) During fiscal year 2009, and under the normal rulemaking process, the department for children and families may increase the premium from $60.00 to $72.00 in the SCHIP program for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have no other insurance coverage. The department shall propose this increase only if this is necessitated by federal requirements and subsequent to a report to the health access oversight committee.
Sec. 5.208.2. Health - administration and support (Sec. 2.211, #3420010000)
(a) Program Review and Presentation: The commissioner of health and the director of the office of Vermont health access shall review existing programs that provide health services and coverage to Vermonters and determine if any programs could be eliminated and the Vermonters currently served by these programs could be enrolled in Catamount Health to continue to receive said health services. The commissioner and director shall update the legislature on any recommendations in this regard in the fiscal year 2010 budget presentation process. The commissioner shall also provide in the fiscal year 2010 budget presentation a summary of the public health budget by major programmatic areas.
(b) Area Health Education Center:
(1) Of this appropriation, $500,000 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. Any funds not expended 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 the fiscal year.
(c) Health Care Provider Loan Forgiveness and Repayment Programs:
(1) 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, the nursing incentive loan program, and the dental student incentive loan program.
(2) Of this Global Commitment fund appropriation, $1,420,000 shall be used for the purposes of loan repayment for health care providers and health care educators pursuant to 18 V.S.A. § 10a to be allocated as follows:
(A) $700,000 to primary care physicians and health care professionals;
(B) $195,000 for dentists;
(C) $400,000 for nurses;
(D) $75,000 for nurse educators;
(E) $50,000 for disciplines based on emerging health care needs and workforce shortages.
(3) Of this appropriation, $100,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program, the nurse incentive loan program, and the dental student incentive loan program.
Sec. 5.209. Health - Public Health (Sec. 2.211.1, #342005000)
(a) Blueprint: From this appropriation, 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.
(b) AIDS/HIV Funding:
(1) The amount of $335,000 of the 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:
(A) AIDS Project of Southern Vermont, $71,931;
(B) ACORN, $25,019;
(C) IMANI, $37,529;
(D) VT CARES, $135,521;
(E) Twin States Network, $30,000;
(F) People with AIDS Coalition, $35,000.
(2) Of the 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.
(3) The amount of $140,000 of this 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.
(4) The amount of $100,000 of this general fund appropriation shall be appropriated to 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 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.
(5) 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.
(6) The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be composed 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.
(c) Tobacco Programs:
(1) The tobacco fund appropriation in this section and $1,059,409 in Global Commitment funds in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:
(A) community-based programs - $1,023,624;
(B) media and public education - $1,007,799;
(C) tobacco cessation programs - $1,400,211; 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, $110,000 shall be allocated to programs that serve pregnant women, and $15,000 shall be granted to the Washington County Mental Health Agency, Inc. for a special cessation program;
(D) surveillance and evaluation activities - $333,000;
(E) statewide provider education - $75,000.
(d) CHAMPPS:
(1) Of this 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.
(e) Clinics for uninsured and FQHCs
(1) Of these Global Commitment funds, $790,000 shall be used to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families and for federally qualified health center (FQHC) look alike uncompensated care pool funds and FQHC development.
(f) Lead Abatement:
(1) Of this appropriation, the amount of $50,000 shall be expended by the department for lead abatement education. The department is also authorized to solicit and accept grants and donations to be used to supplement the expenditure directed by this subsection.
Sec. 5.210. [DELETED]
Sec. 5.211. [DELETED]
Sec. 5.211.1. Sec. 120(i) of No. 65 of the Acts of 2007 is amended to read:
(i) In the event
payment of strategic tobacco payments made to the state under the master
tobacco settlement exceed $13,000,000 in fiscal year 2008 2009,
then, up to $500,000 $100,000 of the excess amount shall be
appropriated from the tobacco litigation settlement fund to the department of
health to be spent based on the recommendation of the Vermont tobacco control
board. These funds shall be in addition to funds appropriated above.
Sec. 5.211.2. [DELETED]
Sec. 5.212. Health - alcohol and drug abuse programs (Sec. 2.217, #3420060000)
(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 is able to provide the quality, quantity, and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the commission of accreditation of rehabilitation facilities, the joint commission on accreditation of health care organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in this subdivision (b)(1) are satisfied.
(C) All programs shall continue to fulfill grant or contract agreements.
(2) The provisions of subdivision (1) of this subsection shall not preclude the division’s “request for bids” process.
(c) Of the interdepartmental transfer in this section, $150,000 shall be used to support the gambling addiction program.
(d) Of this appropriation, $35,000 shall be used to support the drug court program in Chittenden County, $25,000 shall be used to support the drug court program in Rutland County, and $25,000 shall be used for court coordination in Bennington County.
(e) 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 a board member of each recovery center. The executive council will hire a network coordinator with the appropriation in subsection (f) of this section. The network coordinator will work for the executive council and provide technical assistance and training to recovery centers. The executive council, working with the department of health, will have oversight of the recovery centers.
(f) Of this appropriation, $45,000 shall be granted to the Vermont recovery center network. $458,000 of the appropriation is the allocated share of the DETER program for recovery centers and shall be granted to the recovery centers in operation as of June 30, 2008.
(g) It is the intent of the general assembly that maple leaf farm and serenity house will undergo the rate setting process prior to establishing the fiscal year 2010 budget for the division of alcohol and drug abuse programs.
Sec. 5.212.1. Mental health – Vermont state hospital (Sec. 2.220, #3150080000)
(a) The community recovery residential program developed under this section shall be consistent with the goals identified in the existing “futures plan.”
Sec. 5.213. Department for children and families – administration and support services (Sec. 2.221, #3440010000)
(a) Of this 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 their mothers in prison.
(b) The department for children and families will include in its fiscal year 2010 budget presentation a schedule for this appropriation that shows the expenses and revenue for the commissioner’s office, including the business office and information technology sections, field service unit, and economic services division separately.
(c) The approach that the commissioner employs to implement the department’s position-reduction target shall not result in reducing the department’s capacity to meet the TANF work participation rates or that would inhibit the department’s capacity to respond to findings of the federal audit report relating to protecting abused and neglected children.
(d) The commissioner shall evaluate the administrative ability and potential cost for the department to perform criminal record checks for the purpose of determining if there are active arrest warrants on applicants to state assistance programs.
Sec. 5.214. Department for children and families – child development (Sec. 2.223, #3440030000)
(a) The eligibility threshold will be increased from its current base year by one year beginning January 1, 2009.
Sec. 5.215. Department for children and families - general assistance (Sec. 2.226, #3440060000)
(a) Of this appropriation, $527,000 in federal TANF funds and $50,000 in general funds are allocated to the department for children and families to provide families with rental or mortgage arrearage assistance under section 2114 of Title 33.
(b) Of this appropriation, the department for children and families may expend funds for temporary housing or assistance or both 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 funds.
Sec. 5.216. Sec. 137 of No. 65 of the Acts of 2007, as amended by Sec. 49 of No. 90 of the Acts of 2008, is further amended to read: (Sec. 2.226, #3440060000)
Sec. 137. 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 an 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 they are
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
is expected to be implemented.
(c) The pilot
program may operate in up to five 12 districts designated by the
secretary of human services, to include Chittenden and Rutland Counties. 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, its recommendations for changes in the
general assistance program, and a plan for further implementation of the
program.
(d) The department
for children and families shall evaluate the general assistance pilot projects
established pursuant to Sec. 137a of No. 215 of the Acts of 2006 to determine
whether the pilot projects are meeting the objectives of serving applicants for
general assistance more effectively and mitigating poverty without increasing
the amount of funds for the program. The evaluation shall include an
analysis of the effect of the modifications to the general assistance program
on the outcomes for applicants.
(e) The department
shall report to the house committees on appropriations and human services and
the senate committees on appropriations and health and welfare no later than
January 1, 2008 with a summary of the evaluation of the pilots and any
recommended changes to the general assistance program.
Sec. 5.217. TANF EXEMPTION (Sec. 2.227, #3440070000)
(a) The commissioner of the department for children and families 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, 2009.
Sec. 5.218. Department for children and families – home heating fuel assistance/LIHEAP (Sec. 2.229, #3440090000)
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.
Sec. 5.219. HOME HEATING FUEL ASSISTANCE/LIHEAP
(a) For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2008, 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 2008-2009 crisis set‑aside and seasonal home heating fuel assistance through December 31, 2008, and LIHEAP funds awarded as of December 31, 2008 for fiscal year 2009 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not be made prior to January 30, 2009. 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, 2008, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.
Sec. 5.220. Department for children and families - office of economic opportunity (Sec. 2.230, #3440100000)
(a) Of the general fund appropriation in this section, $792,000 shall be granted to community agencies for homeless assistance by preserving existing services, 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. 5.221. Department for children and families - OEO - weatherization assistance (Sec. 2.231, #3440110000)
(a) Of the special fund appropriation in this section, $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) the number of households weatherized; (2) average program expenditure per household for energy efficiency; (3) average percent energy savings; (4) energy and non-energy 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.
(c) Appropriations from the weatherization trust fund may be limited based on the revenue forecast for the fund from the gross receipts tax as adopted pursuant to 32 V.S.A. § 305a.
Sec. 5.222. [DELETED]
Sec. 5.223. Disabilities, aging, and independent living – advocacy and independent living (Sec. 2.236, #3460020000)
(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, and does not have an adverse impact on existing adult day services.
(b) $100,000 of this appropriation shall be granted to support a supportive housing demonstration project managed by Cathedral Square Corporation. It is the intent of the general assembly that these funds be used as matching funds for grants to conduct research on cost-efficient and quality services in senior housing. Cathedral Square, in conjunction with the department of disabilities, aging, and independent living shall develop measurable outcomes of success, including savings from services not needed because of the demonstration project services or improvements in participants’ physical and mental well‑being. The demonstration and the department shall develop baseline measures before the demonstration begins. The department and demonstration shall report to the health access oversight committee no less than every six months on the progress of the demonstration project.
(c) Medicaid rates for adult day services shall be $15.00 per hour in fiscal year 2009.
(d) Of the general funds in appropriated to the department, $23,655 shall be allocated for special assistance to adult day service providers. The department will develop criteria on the use of these funds in consultation with the adult day programs. Funds remaining in this allocation after March 30, 2009 shall be distributed on an equitable basis to the adult day programs by the close of the fiscal year.
(e) The commissioner of the department of disabilities, aging, and independent living shall work with the commissioner of the department of education to track the number of anticipated June graduates over a four year period. The intent is that through this tracking system the administration and the general assembly will have information needed to anticipate annual funding requirements well in advance of the time funding needs to be made available. Additionally, the commissioners shall work to find ways to improve the transition of the June graduates from high school to the June grad program. In the submission of the developmental services program budget for fiscal year 2010, the department shall include a summary of the June Grad program that provides information on the number of individual served, the scope, length, annual cost of services provided, and information on if and how individuals in the June graduate program transition from this program to self sufficiency or alternate support programs.
Sec. 5.223.1. Corrections - correctional education (Sec. 2.243)
(a) The corrections department shall by January 15, 2009 report to the house and senate committees on appropriations and education, the house committee on ways and means, and the senate committee on finance on the goals, benchmarks, and achievements of the correctional education program along with future funding requirements.
Sec. 5.224. Corrections – correctional services (Sec. 2.244, # 3480004000)
(a) The commissioner is authorized to allocate general funds within the budget with the goal of increasing funding for programs that qualify for managed care organization (MCO) investments as part of the Global Commitment waiver.
(b) Transitional housing funds may be used for housing readiness, search, and retention services to include funding for housing assistance as necessary which may be granted to housing authorities and other community agencies in response to requests for proposals or memorandums of understanding which are in accord with department of corrections’ policy and directives.
(c) Of this general fund appropriation, $109,000 shall be used as a grant to Dismas House of Vermont, Inc.
(d) $51,000 of the Global Commitment funds in this appropriation shall be allocated to provide funding for eligible services provided by Return House.
(e) The department shall pay for psycho-sexual evaluations as deemed necessary by the court. The department shall report on the available funding for the evaluations, shall seek to include funding in the budget adjustment process if necessary, and shall seek to ensure that adequate funding for these evaluations is included in future budgets.
Sec. 5.225. Vermont veterans’ home – care and support services (Sec. 2.248, #3300010000)
(a) 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.
(b) The Vermont veterans’ home will use the Global Commitment funds appropriated in this section for care and support services for the purpose of funding certain health care-related programs, activities, and projects to increase the access to quality health care for uninsured persons, underinsured persons, and Medicaid beneficiaries.
Sec. 5.301. Labor – administration (Sec. 2.301, #4100600000)
(a) Any foster care payments excluded from the definition of gross income under the Internal Revenue Code Title 26, Section 131 shall not be considered wages under 21 V.S.A. § 1301(12).
Sec. 5.302. Education – finance and administration (Sec. 2.305, #5100010000)
(a) The Global Commitment funds appropriated in this section for school health services, including school nurses, shall be used for the purpose of funding certain health care-related projects. It is the goal of these projects to reduce the rate of uninsured or underinsured persons or both in Vermont, and increase the access of quality health care to uninsured persons, underinsured persons, and Medicaid beneficiaries.
Sec. 5.302.1. COLLABORATION AMONG SCHOOL BOARDS, SCHOOL
ADMINISTRATORS, SELECTBOARDS, AND CITY
COUNCILS; INCENTIVE FUND
(a) The general assembly finds that:
(1) School boards, school administrators, selectboards, and city councils in Vermont and around the country have begun to collaborate in creative and exciting ways.
(2) Collaboration often includes projects in which two or more supervisory unions or two or more school districts share or merge services, equipment, or facilities by, for example, entering into an arrangement for whole-grade sharing, centralized purchasing, sharing of facilities, coordinated provision of special education services, or other similar initiatives.
(3) Many of these collaborative projects have resulted in lowered education spending or a reduction in spending growth.
(4) Further efficiencies and resulting cost-savings could be realized if school boards and school administrators entered into collaborative agreements with selectboards and city councils.
(5) It is important to support and encourage collaboration among school boards, school administrators, selectboards, and city councils that will result in property tax savings without compromising the excellence of our public schools.
(b) The commissioner of education, the Vermont league of cities and towns, the Vermont superintendents association, the Vermont school boards association, the Vermont principals’ association, and the Vermont national education association jointly shall develop a detailed plan to create an incentive fund to distribute grants, low-interest loans, no-interest loans, or any combination of the three to encourage collaborative initiatives among school districts, supervisory unions, and local governmental entities that will result in property tax savings. They shall present the plan to the house and senate committees on education, the house committee on ways and means, and the senate committee on finance on or before January 15, 2009.
Sec. 5.303. Education – special education: formula grants (Sec. 2.307, #5100040000)
(a) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $3,300,654 shall be used by the department of education in fiscal year 2009 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 $169,061 may be used by the department of education for its participation in the higher education partnership plan.
Sec. 5.304. Education – state-placed students (Sec. 2.308, #5100050000)
(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. 5.304.1. PREGNANT AND
PARENTING PUPILS ATTENDING TEEN
PARENT EDUCATION PROGRAMS
(a) Subject to the provisions of subsection (b) of this section, a school district of residence shall make the following payments for a publicly funded pregnant or parenting pupil attending a teen parent education program:
(1) The school district shall pay the teen parent education program 83 percent of the prior year’s statewide average net cost per pupil, as calculated under 16 V.S.A. § 825 minus debt service, prorated based on the pupil’s full‑time equivalent enrollment, as defined by state board rule, in academic courses at the teen parent education program.
(2) If the
district of residence does not maintain a school, the otherwise qualified
pregnant or parenting pupil may enroll in any public school or approved
independent school (the “enrolling school”) in which any other legal pupil in the
district of residence may enroll at public expense. In this situation, the
district of residence shall reimburse the enrolling school for coordinating the
pregnant or parenting pupil’s education plan at the teen parent education
program and for planning and facilitating the pupil’s subsequent education plan
and transition to the enrolling school, at a rate of 17 percent of the prior
year’s statewide average net cost per pupil, as calculated under 16 V.S.A.
§ 825 minus debt service, prorated, for the year in which the pupil attends the
teen parent education program.
(b)(1) The pregnant or parenting pupil must be enrolled in a school maintained by the school district of residence or, if the district does not maintain a school, enrolled at a public school or an approved independent school at the district’s expense.
(2) The teen parent education program must be recognized by the department for children and families.
(3) As determined by the district of residence or by the enrolling school if the district does not maintain a school, the pupil must be taking academic courses at the teen parent education program that are the substantial equivalent of the courses required by the district of residence or enrolling school, as applicable, to obtain a high school diploma. The sending district or enrolling school, as applicable, will collaborate with the teen parent education program regarding the pupil’s programs and progress.
(4) In the event of a dispute, the pupil, the teen parent education program, the district of residence, or the enrolling school may request a ruling from the commissioner of education which shall be final.
Sec. 5.304.2. APPROVED TEEN PARENT EDUCATION PROGRAMS
(a) It is the intent of the general assembly that, after June 30, 2010, any education funds paid to teen parent education programs for educational services provided to pregnant or parenting teens shall be available only to those programs that the state board of education has determined to be “approved education programs” under Title 16.
Sec. 5.305. Education – adult education and literacy (Sec. 2.309, #5100060000)
(a) Of this appropriation, the amount from the education fund shall be distributed to school districts for reimbursement of high school completion services pursuant to 16 V.S.A. § 1049a(c).
Sec. 5.305.1. Education - adjusted education payment (Sec. 2.310, #5100090000)
(a) Current Use Education Liability Correction: To correct the education tax liability resulting from settlement by the tax department division of property valuation and review of the 2007 Villeneuve current use case, the following districts shall receive amounts in addition to the formula determined payments as follows: Eden $18,501.97; Lowell $436.02; Richmond $245.74; and Jericho $5,477.22. The districts shall reimburse the respective towns at these levels.
Sec. 5.306. Education – technical education (Sec. 2.316, #5100200000)
(a) The appropriation in this section shall be authorized, notwithstanding 16 V.S.A. § 1564.
Sec. 5.307. Education – No. 117 of the Acts of 2000 – cost containment (Sec. 2.317, #5100310000)
(a) Notwithstanding any 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. 5.308. Appropriation and transfer to education fund (Sec. 2.318, #1110020000)
(a) This appropriation from the general fund shall be transferred to the education fund.
Sec. 5.309. State teachers’ retirement system (Sec. 2.319, #1265010000)
(a) Notwithstanding 16 V.S.A. §
1944(g)(2), the amount of the annual contribution to the Vermont state teachers’
retirement system shall be $33,549,097 in fiscal year 2009.
(b) In accordance with 16 V.S.A. § 1944(c)(2), of the grant appropriation in this section, $19,288,090 is appropriated as the “normal contribution”, and $14,261,0 07 is appropriated as the “accrued liability contribution”. The state teachers’ retirement system will be fully funded for the actuarial recommendation for fiscal year 2009 by using this appropriation, combined with an estimated $1,227,953 of Medicare Part D reimbursement funds and $2,300,000 of contingent funding in Sec. 5.802 of this act.
Sec. 5.310. University of Vermont (Sec. 2.321, #1110006000)
(a) The commissioner of finance and management shall issue warrants to pay one‑twelfth of this appropriation to the University of Vermont on or about the fifteenth day of each calendar month of the year.
(b) Of this appropriation, $396,115 shall be transferred to EPSCoR (Experimental Program To Stimulate Competitive Research) for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.
(c) 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.
(d) The University of Vermont will use the Global Commitment funds appropriated in this section to support Vermont physician training. The University of Vermont prepares students, both Vermonters and out-of-state, and awards approximately 100 medical degrees annually. Graduates of this program, currently representing a significant number of physicians practicing in Vermont, deliver high quality health care services to Medicaid beneficiaries, and the uninsured or underinsured persons or both in Vermont and across the nation.
Sec. 5.311. Vermont state colleges (Sec. 2.324, #1110009000)
(a) The commissioner of finance and management shall issue warrants to pay one‑twelfth of this appropriation to the Vermont state colleges on or about the fifteenth day of each calendar month of the year.
(b) Of this appropriation, $446,652 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. 5.312. Vermont state colleges – allied health (Sec. 2.325, #1110010000)
(a) 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.
(b) The Vermont state colleges will use the Global Commitment funds appropriated in this section to support the dental hygiene, respiratory therapy, and nursing programs which graduate approximately 250 health care providers annually. These graduates deliver direct, high quality health care services to Medicaid beneficiaries and the uninsured or underinsured persons or both.
Sec. 5.313. Vermont student assistance corporation (Sec. 2.327, #1110012000)
(a) Of this appropriation, $25,000 is appropriated from the general fund to the Vermont student assistance corporation to be deposited into the trust fund established in 16 V.S.A. § 2845.
(b) Except as provided in subsection (a) of this section, not less than 100 percent of grants shall be used for direct student aid.
(c) $350,000 of state funds available to the Vermont student assistance corporation pursuant to Sec. 5.107(a) and 5.801(a)(3)(B) of this act shall be used for the purposes of 16 V.S.A. § 2856. Any unexpended funds from these allocations shall carry forward for this purpose.
Sec. 5.401. Fish and wildlife – support and field services (Sec. 2.406, #6120000000)
(a) It is the intent of the general assembly that the position of outreach director and the position of media communications specialist within the department of fish and wildlife shall not be eliminated in fiscal year 2009.
Sec. 5.402. DEPARTMENT OF
FORESTS, PARKS, AND RECREATION;
SALE OF TIMBER ON STATE FOREST LAND
(a) The department of forests, parks and recreation shall expand the amount of timber on state land that is available for harvest and subject to sale to the public.
Sec. 5.403. AGENCY OF NATURAL RESOURCES REORGANIZATION
(a) Sec. 2. of No. 52 of the Acts of 2005, as amended by Sec. 295b of No. 215 of the Acts of 2006 and Sec. 295 of No. 65 of the Acts of 2007, is further amended as follows:
(1) In subsection (a), in the last sentence, by striking the words “three years” and inserting in lieu thereof the words “four years”; and
(2) In subdivision (b)(3), by striking the year “2008” and by inserting in lieu thereof the year “2009.”
Sec. 5.501. Community development block grants (Sec. 2.505, #7110030000)
(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 compact urban and village centers, along highways, and in rural countryside.
(c) No less than 50 percent of CDBG-generated loan repayments shall remain available to municipalities awarded community development block grant funds. By January 15, 2009, the department of housing and community affairs shall report to the senate and house committees on appropriations, the senate committee on economic development, housing and general affairs and the house committee on general, housing and military affairs on the past performance of the revolving loan funds supported by CDBG appropriations. Such report shall include recommended changes for improvement if deemed necessary; and shall address standards for best practices, criteria for evaluating outcomes, and a process for recapture by the state of funds that are unused for five years by grantees for the activities for which the funds were granted.
(d) The Vermont housing finance agency and the Vermont economic development authority may underwrite housing and economic development applications to the Vermont community development program; provided, however, that applicants shall not be required to pay a fee for such underwriting services.
(e) Municipalities awarded funds under the Vermont community development program shall not be required to utilize the Vermont housing finance agency, Vermont economic development authority, or any other third party as the lender of Vermont community development program funds.
Sec. 5.502. Vermont housing and conservation board (Sec. 2.514, #9150000000)
(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. 5.503. Economic development (Sec. 2.507; #7120010000)
(a) Of this appropriation, $30,000 in general funds shall be granted to the Burlington International Airport Authority for the Burlington International Airport Aviation Technical Education Feasibility study.
Sec. 5.504. CARRY FORWARD; COMMISSION ON INTERNATIONAL
TRADE AND STATE SOVEREIGNTY
(a) Notwithstanding other provisions of law to the contrary, funds appropriated to the commission on international trade and state sovereignty shall carry forward until expended and shall not revert to the general fund at the end of a fiscal year.
Sec. 5.505. [DELETED]
Sec. 5.506. ONE-TIME TARGETED EMERGENCY FINANCING
ASSISTANCE
(a) Authorization: The general assembly finds that it is necessary to offer emergency financing assistance to certain companies located in areas of high unemployment in the state. The Vermont economic development authority is authorized to implement a targeted emergency financing assistance program for the purpose of making loans to and/or investments in companies engaged in the manufacture of tangible personal property for sale. Said investments and/or loans shall be made upon such terms and conditions, and pursuant to such policies and procedures, as the authority may determine. The program shall not exceed $500,000 and is funded from the appropriation in Sec. 2.802(a)(5) of this act.
(b) Eligibility: In order to be eligible for assistance under this program, an applicant company must certify to the Vermont economic development authority that conventional financing sources are unavailable, and the financial assistance provided will prevent significant loss of employment at the company. Eligible companies must be located in labor market areas having an unemployment rate, on the date the application for financing is received, equal to 125 percent of the statewide average not seasonally adjusted, or greater than 7.5 percent, as reported monthly by the Vermont department of labor.
(c) Any repayments and/or recoveries on such loans/investments received by the authority net of the authority’s costs of administering the program shall be returned to the state and deposited into the Petroleum Clean-Up Fund.
Sec. 5.507. VEDA – ECONOMIC RECOVERY AND OPPORTUNITY
PROGRAM
(a) The state treasurer in consultation with the secretary of administration shall negotiate an agreement to advance up to $1,250,000 to the Vermont economic development authority (“VEDA”) in fiscal year 2009.
(b) In fiscal 2009, a write-down of the advance in the amount of $257,000 shall be made as an estimate of subsidy costs to be incurred by VEDA in 2009. Any difference between the actual subsidy costs incurred by VEDA in any fiscal year 2009 through 2013 shall be adjusted in the following year’s write‑down amount.
(c) VEDA shall submit the advance agreement to the state treasurer and secretary of administration; said agreement shall include the following:
(1) The agreement shall be structured to allow VEDA flexibility to use the subsidy funds in the most effective way to generate new loan volume as quickly as possible to act as a stimulant to the Vermont economy.
(2) Terms of repayment or write-down of the advance in years 2010 through 2013 shall be contingent on VEDA’s demonstrated use of the advance proceeds, and any interest earned thereon, to offset the revenue lost by VEDA over the same period as a result of subsidies made by VEDA to its borrowers.
(3) The subsidies to VEDA borrowers will be for a maximum of three years from the date of closing of each enrolled loan.
(4) A maximum of $18 million in VEDA loans can be made under the program over a 24 month period commencing on the effective date of the legislation.
(5) The program will terminate when all VEDA borrowers enrolled in the program have completed their respective three‑year subsidy periods.
(d) Upon termination of the program any amount of the advance, or the interest earned thereon, not used for the subsidy program shall be repaid by VEDA to the state.
Sec. 5.600. Transportation – central garage (Sec. 2.611)
(a) Of this appropriation, $5,657,375 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. 5.601. Transportation – town highway aid program (Sec. 2.617, #81000003000)
(a) This appropriation is authorized notwithstanding 19 V.S.A. § 306(a).
Sec. 5.602. [DELETED]
Sec. 5.603. [DELETED]
Sec. 5.604. [DELETED]
Sec. 5.605. [DELETED]
Sec. 5.801. FISCAL YEAR
2009 NEXT GENERATION FUND
ALLOCATIONS (Sec. 2.801)
(a) The $8,000,000 appropriated in Sec. 2.801(a)(1) of this act from the next generation initiative fund, created in 16 V.S.A. § 2887, shall be as follows:
(1) Workforce development $3,450,000 as follows:
(A) Workforce Education Training Fund (WETF). The sum of $1,550,000 is appropriated to the Vermont workforce education and training fund, which is administered by the department of labor, for workforce development. Up to seven percent (7%) of the funds may be used for administration of the program.
(B) Vermont Training Program. The sum of $750,000 is appropriated to the agency of commerce and community development. This appropriation is for the Vermont training program for the issuance of grants pursuant to 10 V.S.A. § 531.
(C) Career and Alternative Workforce Education. The amount of $450,000 is appropriated to the department of labor. This appropriation shall be to support out-of-school youth, youth at risk, and youth at risk of remaining unemployed with outcomes that lead to employment or continued education as follows:
(i) Forty-five percent (45%) shall be for grants to regional technical centers, comprehensive high schools, and other programs for career exploration programs for students entering grades 7 through 12.
(ii) Fifty-five percent (55%) shall be for grants to regional technical centers, comprehensive high schools, the community high school of Vermont, and non-profit organizations, designated by the workforce development council, for alternative and intensive vocational/academic programs for secondary students in order to earn necessary credits toward graduation.
(D) Adult Technical Education Programs. The amount of $450,000 is appropriated to the department of labor, working with the workforce development council. This appropriation is for the purpose of awarding grants to regional technical centers and comprehensive high schools to provide adult technical education, as that term is defined in 16 V.S.A. § 1522, to unemployed and underemployed Vermont adults.
(E) UVM Technology Transfer Program. The amount of $250,000 is appropriated to the university of Vermont. This appropriation is for patent development and commercialization of technology created at the university for the purpose of creating employment opportunities for Vermont residents.
(2) Loan repayment $500,000 as follows:
(A) The sum of $500,000 is appropriated to the agency of human services Global Commitment for the department of health to use for health care loan repayment. The department shall use these funds for a grant to the area health education centers (AHEC) for repayment of commercial or governmental loans for postsecondary health care-related education or training owed by persons living and working in Vermont in the health care field.
(3) Scholarships and grants $4,050,000 as follows:
(A) Non-degree VSAC Grants. The amount of $750,000 is appropriated to the Vermont student assistance corporation. This appropriation shall be for the purpose of providing non-degree grants to Vermonters to improve job skills and increase overall employability enabling them to enroll in a post-secondary education or training program, including adult-technical education that is not part of a degree or accredited certificate program. A portion of this appropriation shall be used for grants for indirect educational expenses to students enrolled in training programs. The grants shall not exceed $3,000 per student. None of this appropriation shall be used for administrative overhead.
(B) The sum of $3,000,000 is appropriated for awarding need-based scholarships to Vermont residents. The first $150,000 shall be distributed to the Vermont student assistance corporation to fund the national guard educational assistance program established in 16 V.S.A. § 2856. $950,000 shall be distributed to the university of Vermont, $950,000 to the Vermont state colleges, and $950,000 to the Vermont student assistance corporation. The Vermont student assistance corporation shall reserve these funds for students attending institutions other than the university of Vermont or the Vermont state colleges. None of the $3,000,000 appropriation shall be used for administrative overhead.
(C) Dual Enrollment Programs. The sum of $300,000 is appropriated to the Vermont state colleges for dual enrollment programs. The state colleges shall develop a voucher program that will allow Vermont students to attend programs at a postsecondary institution other than the state college system when programs at the other institution are better academically or geographically suited to student need.
Sec. 5.801.1. WORKFORCE
TRAINING; PERFORMANCE
ACCOUNTABILITY
(a) Annual report. On or before January 15 each year, the commissioners of labor, and of economic development shall jointly file with the joint fiscal committee a performance accountability report, prepared as set forth in this section.
(b) Filing of data. Entities receiving grants through the workforce education and training fund (WETF) and the Vermont training program (VTP) shall provide the Social Security number of each individual who has successfully completed a training program funded through the WETF and the VTP within 30 days. On or before July 1 of each year, the department of labor and the department of economic development shall process the information received within the most recent 12 months and prepare the report required in subsection (a) of this section.
(c) Analysis of data. The report required in subsection (a) of this section shall include a table that sets forth quarterly wage information received pursuant to 21 V.S.A. § 1314a at least 18 months following the date on which the individuals completed the program of study. The table shall include the number of individuals completing the program, the number of those individuals who are employed in Vermont, and the median quarterly income of those individuals.
(d) Other entities, including public and private institutions of higher education, postsecondary and secondary programs, and other training providers who wish to participate in this reporting process may do so by making a request in writing to the commissioner of labor and the commissioner of economic development who shall make a decision regarding inclusion of such programs and the process for the collection of the necessary data.
(e) Confidentiality. Notwithstanding any other provision of law, the departments of labor and of economic development shall collect the Social Security numbers of students for the purposes of this section. Access to the Social Security numbers provided to the department of labor and department of economic development shall be limited to those department individuals creating the table required in subsection (c) of this section and shall be confidential. The departments shall prepare the tables in a way that ensures the confidentiality of all trainee and employer information. A department employee who intentionally communicates or otherwise makes available to the general public a Social Security number collected pursuant to this section, or who otherwise disseminates the number for purposes other than those specified in this section, shall be subject to the penalties of the Social Security Number Protection Act, subchapter 3 of chapter 62 of 9 V.S.A.
Sec. 5.802. SETTLEMENT CONTINGENT APPROPRIATIONS (Sec. 2.803)
(a) The first $5,566,045 of any amount of bank franchise tax, and associated penalty and interest, due to the general fund resulting from a court decision and received after May 1, 2008 in fiscal year 2008 or in fiscal year 2009 shall be reserved and is hereby appropriated or transferred as follows:
(1) First, $1,000,000 is appropriated to the Vermont housing and conservation board;
(2) Second, $2,266,045 is appropriated to the higher education entities as follows:
(A) $1,056,796 to the university of Vermont,
(B) $730,405 to the Vermont state colleges of which $100,000 is for use as the state’s fiscal year 2009 contribution toward the growth of the endowment fund for the Vermont state colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 2009 appropriation will be the first of five annual appropriations through fiscal year 2013 totaling $500,000. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed to between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. By June 30, 2014, 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.
(C) $478,844 to the Vermont student assistance corporation
(3) Third, $2,300,000 is appropriated to the teachers’ retirement fund.
(b) In the event that settlement funds as specified in subsection (a) are not received by January 1, 2009, the administration shall consider funding the above appropriations and transfers in the fiscal year 2009 adjustment process.
Sec. 5.803. FISCAL
YEAR 2008 CONTINGENT GENERAL FUND
APPROPRIATIONS, TRANSFERS, AND RESERVES
(a) At the close of fiscal year 2008, the fiscal year 2008 unreserved and undesignated general fund balance on a budgetary basis, as determined by the commissioner of finance and management on July 31, 2008, to the extent funds are available shall be reserved, appropriated, or transferred as follows:
(1) First, funds shall be reserved in the general fund budget stabilization reserve, established in 32 V.S.A. § 308, to the extent necessary, to attain its statutory maximum;
(2) Second, $18,975,000 shall be reserved in the general fund surplus reserve established in 32 V.S.A. § 308c(a);
(3) Third, any additional funds up to $11,850,000, to the extent available in the following order, shall be appropriated or transferred as follows:
(A) $450,000 shall be appropriated to the secretary of state to fund expenses of the 2008 election;
(B) $2,000,000 shall be appropriated, transferred or reserved for economic recovery and opportunity initiatives as follows:
(i) $1,000,000 to be split evenly between the between the Vermont workforce education and training fund and the Vermont training program.
(ii) $700,000 to the Vermont housing and conservation board for affordable housing related projects.
(iii) $150,000 is reserved and carried forward to fiscal year 2009 to offset a downtown housing development tax credit. Notwithstanding 32 V.S.A. § 5930ee, the total amount of tax credits the state board may award to all qualified applicants in fiscal year 2009, together with sales tax reallocated under section 9819 of 32 V.S.A., shall be increased by up to $150,000 to the extent that funds are available and the revenue forecast shall be reduced accordingly. With this contingent increase the total amount of tax credits the board may award in fiscal year 2009 shall not be more than $1,750,000.
(iv) $100,000 to the department of forests, parks and recreation, youth conservation corps for employment of Vermont youth during the summer.
(v) $50,000 to the Vermont housing finance agency for credit counseling for Vermonters at risk of mortgage default.
(C) $5,400,000 is appropriated to the agency of human services for Global Commitment;
(D) Up to $4,000,000 is appropriated to the department for children and families to meet fiscal year 2009 fuel assistance funding needs.
(4) Fourth, any additional funds to the extent available shall be reserved in the Revenue Shortfall reserve established in Sec. 6.031 of this act. During fiscal year 2009, up to $2,000,000 of these funds shall be reserved for fuel assistance funding needs.
Sec. 5.901. Sec. 114 of No. 71 of the Acts of 2005, as amended by Sec. 273 of No. 65 of the Acts of 2007, is further amended to read:
Sec. 114. HUMAN SERVICES CASELOAD RESERVE TRANSFER/LOAN
(a) From the human services
caseload reserve, $1,300,000 shall be transferred to the general fund to offset
caseload and transition expenditures for services at the Vermont state
hospital. The secretary of administration and the secretary of human
services shall ensure that these funds are repaid to the caseload reserve on or
before July 1, 2009.
Sec. 5.902. Sec. 26 of No. 30 of the Acts of 2007 is amended to read: (Sec. 2.228)
Sec. 26. EFFECTIVE DATES; IMPLEMENTATION
(a) This act shall take effect upon passage for the purposes of adopting rules and rule modifications.
(b) The amendments to 33 V.S.A.
chapter 11 contained in Secs. 213 2-13 (Reach Up), 14 (solely
state‑funded programs), and 16 (Reach Up transitions) of this act shall
take effect immediately when the rule changes necessary to implement the
sections become final, but no later than April 1, 2008. Until the time that
the rule modifications are final, the Reach Up program shall operate under
current law. Any provisions in these sections relating to Reach Ahead shall
take effect on October 1, 2008 April 1, 2009.
* * *
(d) Reach First established in
Sec. 1 of this act shall be implemented no later than April 1, 2008. Reach
Ahead established in Sec. 18 shall be implemented for families who leave Reach
Up on or after April 1, 2009 as provided for in 33 V.S.A.
§ 1203(1) no later than October 1, 2008. Subject to appropriation,
Reach Ahead shall be implemented for all other families as provided for in
33 V.S.A. § 1203 no later than April 1, 2009 July 1, 2009.
* * *
Sec. 5.903. Sec. 2(c) of No. 71 of the Acts of 2007 is amended to read:
(c) After
submission of the application, the agency shall determine if the applicant
meets full eligibility requirements. Beginning January 1, 2008, October
1, 2009 if the individual is found eligible for the Vermont health access
plan, the agency shall, subject to approval from the center for Medicare and
Medicaid services, provide payment for any services received by the individual
beginning with the date the application was received by the agency.
Sec. 5.904. REPEAL
(a) Sec. 3 of No. 86 of the Acts of 1969 (lieutenant governor’s expenses to be paid from legislative appropriation) is repealed.
(b) 20 V.S.A. § 38(a)(3) (radiological emergency response plan) is repealed.
Sec. 5.905. STATE GOVERNMENT REPORTS
(a) It is the intent of the general assembly that government operations committees continue work to identify reports in all areas of government that are obsolete or redundant. With input from interested committees, the government operations committees are strongly encouraged to develop legislation for consideration during the 2009 session that includes repeal and/or consolidation of identified obsolete or redundant reports.
Sec. 6.000. 9 V.S.A. § 4551 is amended to read:
§ 4551. HUMAN RIGHTS COMMISSION; MEMBERS; COMPENSATION
* * *
(c) A member of the commission whose term has expired or who resigned during a term shall be eligible to act as an alternate at the request of the executive director of the commission if necessary to convene a quorum of the commission to act upon complaints pursuant to section 4554 of this title. An alternate shall only participate in the consideration of complaints at meetings attended and shall not be involved in setting the policies of the commission.
(d) Each member of the commission, including an alternate who is called to act, shall receive compensation as provided by 32 V.S.A. § 1010 with a maximum of $1,000.00 a year, and shall be entitled to expenses actually and necessarily incurred in the performance of his or her duties.
(d)(e) Three
members of the commission shall constitute a quorum. Alternate members may
not make up a majority of a quorum.
Sec. 6.001. 9 V.S.A. § 5613(b) is amended to read:
(b) There is hereby created a fund
to be known as the securities regulation and supervision fund. The fund shall
be used for the purpose of providing the commissioner the means to administer
the provisions of this chapter, and for the support of the corporate records
division and other corporate regulatory activities of the office of the
secretary of state and the activities of the department of economic
development. All agent and investment adviser representative fees received
pursuant to subsections 5410(b) and (d) of this title, and all examination fees
and investigation expenses received pursuant to section 5614 of this title
shall be transmitted to the state treasurer and credited to this fund. All
payments from the securities regulatory and supervision fund for the
maintenance of staff and associated expenses, including contractual services as
necessary, shall be disbursed from the state treasury only upon warrants issued
by the commissioner of finance and management, after receipt of proper
documentation regarding services rendered and expenses incurred. The fund
shall be administered pursuant to subchapter 5 of chapter 7 of Title 32.
Sec. 6.002. 10 V.S.A. § 1941(a) is amended to read:
(a) A fund to be known as the
petroleum cleanup fund is created in the state treasury, to be expended by the
secretary of the agency of natural resources. The fund shall consist of
licensing fees and petroleum tank fees assessed under the provisions of this
chapter, loan repayments, and disbursements that have been recovered, except
for underground storage tank permit fees and licensing fees for tank
inspectors. The fund shall have two accounts: the motor fuel account and the
heating fuel account. The motor fuel account shall consist of all moneys
deposited into the fund, with the exception of the licensing fees for heating
oil and kerosene described in section 1942 of this title. The heating fuel
account shall consist of all the moneys deposited into the fund from the
licensing fees for heating oil and kerosene sold or used in the state. All
balances in the fund at the end of any fiscal year shall be carried forward and
remain a part of the fund. The secretary may transfer money, in each fiscal
year, between the accounts, provided that the transfer is approved by the
advisory committee established under subsection (e) of this section and does
not exceed $250,000.00 $750,000.00. Interest earned by the fund
shall be deposited into the fund. Disbursements from the fund shall be made by
the state treasurer on warrants drawn by the commissioner of finance and
management. The secretary shall seek to recover from responsible parties costs
incurred under subdivision (b)(8) of this section.
Sec. 6.003. 10 V.S.A. § 2624 is amended to read:
§ 2624. MARKED TIMBER SALES
(a) The department of forests, parks and recreation may provide marked timber to Vermont citizens for personal use at a reasonable price to be determined by the secretary of the agency of natural resources.
(b) The commissioner of forests, parks and recreation may establish a firewood for homes program. As part of this program, the commissioner shall designate areas of state-owned lands, situated at various locations throughout the state, that will be available to members of the general public for harvesting firewood for purposes of heating their own homes.
Sec. 6.003.1. [DELETED]
Sec. 6.004. 16 V.S.A. § 1541(c) is amended to read:
(c) In consultation with its regional advisory board, a school board which operates a regional technical center shall:
* * *
(4) employ and,
as need requires, dismiss an adult services’ coordinator assistant
director for adult education and, subject to section 243 of this title, a
director of technical education;
* * *
Sec. 6.004.1. 16 V.S.A. § 1565 is amended to read:
§ 1565. SALARY ASSISTANCE
(a) The state board shall reimburse a school district operating a technical center for a portion of its cost in paying the salary of the following persons:
(1) the director of technical education;
(2) a person whose principal duty is to provide guidance services for technical students;
(3) a person whose principal duty is to find job training opportunities for students during the time they are enrolled at the technical center;
(4) an adult
services coordinator assistant director for adult education;
(5) an assistant director of technical education, if the technical center has full-time equivalent enrollment of at least 150 and the sending school population is at least 30 percent of the technical center’s total full-time equivalent enrollment.
(b) Assistance under this section shall be determined by a formula and standards established by rule of the state board. The formula and those standards:
(1) shall provide different levels of support for different positions as follows:
(A) Directors and guidance coordinators’ salary assistance shall be 50 percent of the state average salary and benefits for each position, or 50 percent of the actual salary and benefits for each individual, whichever is less;
(B) Assistant directors, except for assistant directors for adult education, if the district is eligible, and co-op teachers’ salary assistance shall be 35 percent of the state average salary and benefits for each position, or 35 percent of the actual salary and benefits for each individual, whichever is less;
(C) Adult
service coordinators’ salary Salary assistance for assistant
directors for adult education shall be up to 50 percent of actual
salaries and benefits the state average salary and benefits paid to
full-time assistant directors for adult education; salary assistance shall be
prorated for part-time assistant directors. Salary assistance under this
subdivision (1)(C) shall not be paid from the education fund to the extent that
the obligation is not fully funded from the general fund. State general
fund assistance shall be divided so that each district employing an assistant
director receives the same base amount of state salary support. The base
support shall be pro-rated for part‑time assistant directors.
Payment under this subsection does not preclude a district from using other
state and federal grants to supplement the actual salaries and benefits of adult
service coordinators assistant directors for adult education.
* * *
Sec. 6.004.2. INTENT; TRANSITIONAL PROVISION
(a) Nothing in Secs. 6.004 or 6.004.1 of this act shall be construed to prohibit a technical center from hiring both an assistant director of technical education and an assistant director for adult education or to reduce salary assistance for other technical center positions.
(b) Any person employed as an adult service coordinator on the effective date of this act shall assume the position, title, benefits and responsibilities of assistant director of adult education.
Sec. 6.005. [DELETED]
Sec. 6.006. 22 V.S.A. § 724 is amended to read:
§ 724. HISTORIC SITES SPECIAL FUND
(a) There is hereby established a fund to be known as the historic sites operations special fund. This fund will be managed pursuant to subchapter 5 of chapter 7 of Title 32 and used by the division for historic preservation to carry out the provisions of 22 V.S.A. §§ 723(a)(9) and 723(b)(1). Revenues to the fund shall be from the following sources:
* * *
(3) Gifts, grants, and other donations and moneys from any other source received for historic sites, specimens, or the Vermont archeology heritage center;
* * *
Sec. 6.007. 22 V.S.A. § 725 is amended to read:
§ 725. ACCEPTANCE OF FUNDS OR GIFTS FOR HISTORIC SITES AND
VERMONT ARCHEOLOGY HERITAGE CENTER
With the approval of the secretary of administration, the state historic preservation officer may accept grants, gifts, donations, loans, or other things of value on behalf of the division for historic preservation for use by the division for historic preservation in establishing and maintaining displays and exhibits at any historic site and at the Vermont archeology heritage center, or restoring any historic site maintained and developed under section 723 of this chapter.
Sec. 6.008. 22 V.S.A. § 903(c)(1) is amended to read:
(c)(1) The commissioner shall contract
enter into a grant agreement with the Vermont information technology
leaders (VITL), a broad-based health information technology advisory group that
includes providers, payers, employers, patients, health care purchasers,
information technology vendors, and other business leaders, to develop the
health information technology plan, including applicable standards, protocols,
and pilot programs. In carrying out their responsibilities under this section,
members of VITL shall be subject to conflict of interest policies established
by the commissioner to ensure that deliberations and decisions are fair and
equitable.
Sec. 6.009. 32 V.S.A. § 111 is added to read:
§ 111. Financial literacy trust fund
(a) There is hereby established and created a fund entitled the financial literacy trust fund to be administered by the state treasurer. The purpose of the fund is to promote the adoption of fiscally sound money management practices by Vermonters through education and outreach efforts that raise awareness of the need for and benefits of practicing such skills; and to create opportunities to build and encourage the development of new financial literacy activities and educational products for Vermont citizens.
(b) The fund may receive state appropriations, gifts, grants, federal funds, and any other funds, both public and private, consistent with this section. The funds may be expended for financial literacy projects as the treasurer may direct, in accordance with the trust fund provisions of section 462 of this title.
(c) The treasurer may invest monies in the fund in accordance with the provisions of section 434 of this title 32. All balances in the fund at the end of the fiscal year shall be carried forward and shall not revert to the general fund. 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. 6.010. 32 V.S.A. § 305a(a) is amended to read:
(a) On or about January 15 and again by July 31 of each year, and at such other times as the emergency board or the governor deems proper, the joint fiscal office and the secretary of administration shall provide to the emergency board their respective estimates of state revenues in the general, transportation, education, Catamount, state health care resources, and Global Commitment funds, and revenues from the gross receipts tax under 33 V.S.A. § 2503. The January revenue estimate shall be for the current and next two succeeding fiscal years, and the July revenue estimate shall be for the current and immediately succeeding fiscal years. Federal fund estimates shall be provided at the same times for the current fiscal year.
Sec. 6.011. 32 V.S.A. § 703 is amended to read:
§ 703. Unexpended appropriations
The unexpended and unencumbered
balances of any sums appropriated by the general assembly shall annually
at the end of the fiscal year, unless otherwise specially specifically
provided, be covered into the state treasury on July 1 revert to the
appropriate fund balance. Refunds of expenditures and reimbursements shall be
credited to the appropriate fund and to appropriation accounts in the current
fiscal year.
Sec. 6.011.1. 32 V.S.A. § 3709 is amended to read:
§ 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 and for
any additional state payments in lieu of taxes for correctional facilities and
to the City of Montpelier. 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 then, after
application of the cap in subsection 3703(c) of this title, payments
determined under sections 3703 of this subchapter shall be reduced proportionately.
Sec. 6.012. 33 V.S.A. § 1203 is amended to read:
§ 1203. Eligibility
A family shall be eligible for Reach Ahead if the family resides in Vermont and:
(1) has left Reach Up or the
postsecondary education program within the prior six months for unsubsidized
employment that meets the work requirements for the Reach Up program for the
family’s size and composition and meets the financial eligibility guidelines
for the Vermont Health Access Program;
* * *
Sec. 6.013. 33 V.S.A. § 1211 is amended to read:
§ 1211. Recertification
A family’s income and hours
of employment and other countable work activities shall be verified every six
months to determine continuing eligibility for the program. To the extent
possible for families receiving food stamps, income verification may be done at
the same time as the food stamps recertification or verification of
employment hours.
Sec. 6.014. 33 V.S.A. § 1910 is amended to read:
§ 1910. LIABILITY OF THIRD PARTIES; LIENS
(a) The agency shall have a lien against a third party, to the extent of the amount paid by the agency for medical expenses, on any recovery for that claim, whether by judgment, compromise, mediation, or settlement, whenever:
(1) the agency pays medical expenses for or on behalf of a recipient who has been injured or has suffered an illness or disease as a result of negligence; and
(2) the person
recipient asserts a claim against a third party for damages resulting
from the injury, illness, or disease.
(b) The agency shall have a lien against the insurer, to the extent of the amount paid by the agency for past medical expenses, on any recovery from the insurer, whenever:
(1) the agency
pays medical expenses or renders medical services on behalf of a person recipient
who has been injured or has suffered an injury, illness, or disease; and
(2) the person
recipient asserts a claim against an insurer as a result of the injury,
illness, or disease.
(c) An attorney
representing a person who, as a result of injuries, illness or disease suffered
as the result of the negligence or wrong of another has received, is receiving
or has applied for medical assistance under this subchapter or for residential
care provided by the agency at a hospital for the mentally ill or habilitative
care center for the developmentally disabled shall, provided the attorney has
notice of the receipt or application, notify the agency prior to distribution
of the settlement or judgment. A recipient who has applied for or has
received medical assistance under this subchapter and the recipient’s attorney,
if any, shall cooperate with the agency by informing the agency in writing
within a reasonable period of time after learning that the agency has paid
medical expenses for the recipient. The recipient’s attorney shall take
reasonable steps to discover the existence of the agency’s medical assistance.
(d) Any written notice provided to the agency pursuant to subsection (c) of this section shall disclose the identity and address of any third party and his, her, or its insurer against whom the recipient has a right of recovery, and the name of the court in which the legal recovery action, if any, was brought.
(e)(1) A recipient or an attorney on behalf of a recipient shall allocate the full amount paid by the agency for past medical expenses to or for any recovery obtained by whatever means.
(2) A recipient or an attorney on behalf of a recipient shall pay to the agency, within 30 days after receipt of settlement proceeds or recovery of a judgment, the full amount of the medical expenses owed to the agency. If full payment of the required sum is not made to the agency within the 30-day period, the recipient or his or her attorney shall place a sum equal to the full amount of the medical expenses paid in an escrow account pending an agreement, mediation, or judicial determination of the agency’s right to the amount.
(3) The agency’s lien for its medical expenditures relating to the recipient’s injury, illness, or disease shall be given priority over all other claims on the total amount recovered.
(4) In making the determination whether to pursue, reduce, or compromise a claim, the agency may in its discretion consider the factual, evidentiary, and legal issues of liability between the recipient and any liable third party and the total amount available to satisfy the recipient’s claim. Where the amount of reimbursement the agency can reasonably expect to recover exceeds the costs of such recovery, the agency shall not be required to seek reimbursement from or may reduce or compromise a claim against any liable third party, the insurer, or both. Whether or not the agency exercises its discretion shall not be subject to any claim of abuse of discretion.
(d)(f)
A lien created under this section shall not be effective unless:
(1) notice of the lien is filed in the office of the clerk of the town in which the agency is located and contains the name and address of the recipient, acknowledgment of the recipient’s application for or receipt of medical assistance, and the name of the person alleged to be liable; and
(2) the agency mails a notice of the lien with a statement of the date it was filed to the person alleged to be liable.
(e)(g)
The agency shall send a copy of the notice of the lien required by
subsection (d) (f) of this section to the following persons, if
the appropriate names and addresses can be determined:
(1) The injured,
ill or diseased person recipient for whom the department has paid
medical expenses.
(2) Any insurance carrier that may be ultimately liable.
(3) Any attorney
for the injured, ill or diseased person recipient.
(f)(h)
Within 45 days after the filing of the notice of the lien, the agency
shall send an itemized statement of the medical expenses paid by the agency for
which the agency seeks to perfect a lien to the persons listed in subsection (e)
(g) of this section. The notice provisions contained in this
subsection may be waived by agreement of the parties.
(g)(i)
The agency may, on behalf of a recipient, perfect a lien by filing an
action file a civil action in the superior court in Washington County against a liable third party, the third party’s insurer, or
both, to recover up to the full amount of medical expenses it has incurred on
behalf of the recipient. The agency may initiate this action only if:
(1) the recipient has not initiated legal proceedings against the third party within one year after the occurrence of the injury, illness, or disease resulting, at least in part, from the actions or omissions, including negligence, of the third party; and
(2) the time remaining under the statute of limitations for the action is six months or less.
(h)(j)
The attorney general shall be responsible for initiating actions on
behalf of the agency.
(i)(k)
Whenever the agency recovers under the lien and that recovery is the
result of an action initiated by a recipient, the attorney for the recipient
may withhold the agency’s pro rata share of reasonably necessary attorneys’
fees, costs, and expenses and expenses incurred in asserting
the claim. If the agency waives its right to a lien reimbursement,
it is shall not be liable for a pro rata share of any
fees, costs, and expenses under this subsection incurred
by the recipient or attorney.
(j) The attorney
for the recipient may negotiate an attorney fee with the agency.
(k) In cases in
which the agency’s lien equals or exceeds the amount of judgment or settlement,
the agency shall reduce its claim by recognizing reasonable attorney fees and
other reasonable costs of procurement of settlement. Additionally, the agency
shall compromise its claim taking into consideration the nonmedical claims of
the recipient.
(l) In cases in which the court has determined the amount of recovery allocated for past medical expenses, the agency’s lien shall be limited to that amount.
Sec. 6.015. [DELETED]
Sec. 6.016. 33 V.S.A. § 1984(c)(1) is amended to read:
(c)(1) For the lowest cost plan, an individual’s contribution shall be:
(A) Income less than or equal to 175 percent of FPL: $60.00 per month.
(A B)
Income greater than 175 percent and less than or equal to 200 percent of
FPL: $60.00 $65.00 per month.
(B C)
Income greater than 200 percent and less than or equal to 225 percent of FPL: $90.00
$110.00 per month.
(C D)
Income greater than 225 percent and less than or equal to 250 percent of FPL: $110.00
$135.00 per month.
(D E)
Income greater than 250 percent and less than or equal to 275 percent of FPL: $125.00
$160.00 per month.
(E F)
Income greater than 275 percent and less than or equal to 300 percent of FPL: $135.00
$185.00 per month.
(F G)
Income greater than 300 percent of FPL: the actual cost of Catamount Health.
Sec. 6.016.1. 33 V.S.A. § 1974(j) is added to read:
(j) The premium contributions for individuals shall be as follows:
(1) Monthly premiums for each individual who is eligible for the Vermont Health Access Plan shall be the same as charged in the Health Access Plan.
(2) Monthly premiums for each individual who is not eligible for the Vermont Health Access Plan shall be:
(A) Income less than or equal to 175 percent of FPL: $60.00 per month.
(B) Income greater than 175 percent and less than or equal to 200 percent of FPL: $65.00 per month.
(C) Income greater than 200 percent and less than or equal to 225 percent of FPL: $110.00 per month.
(D) Income greater than 225 percent and less than or equal to 250 percent of FPL: $135.00 per month.
(E) Income greater than 250 percent and less than or equal to 275 percent of FPL: $160.00 per month.
(F) Income greater than 275 percent and less than or equal to 300 percent of FPL: $185.00 per month.
Sec. 6.017. 33 V.S.A. § 2073(d)(2) is amended to read:
(2) An individual shall contribute the following base cost-sharing amounts which shall be indexed to the increases established under 42 C.F.R. § 423.104(d)(5)(iv) and then rounded to the nearest dollar amount:
(A) In the case of recipients whose household
income is no greater than 150 percent of the federal poverty level, such
premium shall be $17.00 $13.00 per month or $156.00 per year in
the case of recipients whose household income is no greater than 150 percent of
the federal poverty level.
(B) In the case of recipients whose household
income is greater than 150 percent of the federal poverty level and no greater
than 175 percent of the federal poverty level, the premium shall be $23.00 $17.00
per month or $204.00 per year in the case of recipients whose household
income is greater than 150 percent of the federal poverty level and no greater
than 175 percent of the federal poverty level.
(C) In the case of recipients whose household
income is greater than 175 percent of the federal poverty level and no greater
than 225 percent of the federal poverty level, the premium shall be $50.00 $35.00
per month or $420.00 per year in the case of recipients whose household
income is greater than 175 percent of the federal poverty level and no greater
than 225 percent of the federal poverty level.
Sec. 6.018. 33 V.S.A. § 2074(c) is amended to read:
(c) Benefits under Vermont-Rx shall be subject to payment of a premium amount by the recipient in accordance with the provisions of this section.
(1) In the case of recipients whose household
income is no greater than 150 percent of the federal poverty level, such
the premium shall be $13.00 $17.00 per month.
(2) In the case of recipients whose household
income is greater than 150 percent of the federal poverty level and no greater
than 175 percent of the federal poverty level, the premium shall be $17.00
$23.00 per month.
(3) In the case of recipients whose household
income is greater than 175 percent of the federal poverty level and no greater
than 225 percent of the federal poverty level, the premium shall be $35.00
$50.00 per month.
Sec. 6.019. 33 V.S.A. § 2501a(b) is amended to read:
(b) The responsibilities of the office of home energy assistance shall include:
* * *
(7) Coordinating with Vermont housing finance agency and Vermont economic development authority in establishing income, efficiency and administrative guidelines for the energy efficiency loan program.
Sec. 6.019.1. 33 V.S.A. § 6321 is amended to read:
§ 6321. ATTENDANT CARE SERVICES
* * *
(f) Personal care attendants Workers who
provide attendant care, as defined in program rules of the department of
disabilities, aging, and independent living, personal care, companion care,
respite care, or support services to persons who receive financial assistance
from the agency of human services through its departments and offices, and
whose payroll service is provided directly by the state or by an intermediary
payroll service organization acting under the authority of the state are
exempt from 21 V.S.A. § 342 and shall not be construed as state employees
except for purposes of 21 V.S.A. chapters 9 and 17.
(g) The state may provide workers’ compensation coverage to workers who provide attendant care, personal care, companion care, respite care, or support services to persons who receive financial assistance from the agency of human services through programs administered by its departments and offices, and whose payroll service is provided directly by the state or by an intermediary payroll service organization acting under the authority of the state. The state or its intermediary payroll service organization shall be considered a single entity for purposes of purchasing a single workers’ compensation insurance policy providing coverage for such workers.
(h) Subsections (f) and (g) of this section are intended to permit the state to provide workers’ compensation and unemployment compensation and shall not be considered for any other purposes.
Sec. 6.020. [DELETED]
Sec. 6.021. [DELETED]
Sec. 6.022. [DELETED]
Sec. 6.023. [DELETED]
Sec. 6.024. 16 V.S.A. § 2959a.(f) is amended to read:
(f) Up to 20 30
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.
Sec. 6.025. 30 V.S.A. § 7054 is amended to read:
§ 7054. FUNDING
* * *
(e) Disbursements may be made for:
(1) Nonrecurring costs, including but not limited to establishing public safety answering points, purchasing network equipment and software, developing data bases, and providing for initial training and public education.
(2) Recurring costs, including but not limited to network access fees and other telephone charges, software, equipment, data base management and improvement, public education, ongoing training and equipment maintenance.
(3) Expenses of the board and the department of public service incurred under this chapter.
(4) Costs solely attributable to statewide public safety answering point operations.
(5) Personnel costs for department of public safety emergency dispatch answering points.
(f) Disbursements may not be made for:
(1) Personnel
costs for emergency dispatch answering points.
(2)
Construction, purchase, renovation or furnishings for buildings at emergency
dispatch points.
(3)(2)
Two-way radios.
(4)(3)
Vehicles and associated equipment.
Sec. 6.026. 4 V.S.A. § 27 amended to read:
§ 27. COURT TECHNOLOGY SPECIAL FUND
There is established the court technology special fund which shall be managed in accordance with subchapter 5 of chapter 7 of Title 32. Administrative fees collected pursuant to 13 V.S.A. § 7252 and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this fund. The fund shall be available to the judicial branch to pay for contractual and operating expenses and project related staffing not covered by the general fund related to the following:
(1) The acquisition and maintenance of software and hardware needed for case management, electronic filing, a electronic document management system, and the expense of implementation, including training.
(2) The acquisition and maintenance of electronic audio and video court recording and conferencing equipment.
(3) The acquisition, maintenance, and support of the judiciary’s information technology network, including training.
Sec. 6.027. 16 V.S.A. § 1262a(c) is added to read:
(c) On a quarterly basis, from state funds appropriated to the department of education for this subsection, the state board shall award to each school district a sum equal to the amount that would have been the student share of the cost of all breakfasts actually provided in the district during the previous quarter to students eligible for a reduced price breakfast under the federal school breakfast program.
Sec. 6.028. 16 V.S.A. § 1264 is amended to read:
§ 1264. FOOD PROGRAM
(a) Each school board actually operating a public school shall cause to operate within the school district a food program which makes available a school lunch, as provided in the National School Lunch Act as amended, and a school breakfast, as provided in the National Child Nutrition Act as amended, to each attending pupil every school day. In the event of an emergency, the school board may apply to the department for a temporary waiver of this daily operating requirement. The commissioner shall grant the requested waiver if he or she finds that it is unduly difficult for the school district to serve a school lunch or breakfast, or both, and if he or she finds that the school district has exercised due diligence in its efforts to avoid the emergency situation which gives rise to the need for the requested waiver. In no event shall the waiver extend for a period to exceed 20 school days.
(b) The state shall be responsible for the student share of the cost of breakfasts provided to all students eligible for a reduced price breakfast under the federal school breakfast program.
Sec. 6.029. 16 V.S.A. § 835 is amended to read:
§ 835. LEMINGTON, BLOOMFIELD, BRUNSWICK, MAIDSTONE,
GRANBY, AND GUILDHALL; TUITIONING OF ELEMENTARY
STUDENTS
The school boards of the
towns of Lemington, Bloomfield, Brunswick, Granby, Guildhall, and
Maidstone school districts may provide for the elementary education of
the pupils residing in their districts by paying tuition to public elementary
schools in the state of New Hampshire. Notwithstanding the provisions of
section 823 of this title, school boards districts affected by
this section shall pay the full tuition charged by a public elementary school
in New Hampshire.
Sec. 6.030. 28 V.S.A. § 120(c) is amended to read:
(c) Program supervision. The commissioner of
corrections shall appoint an education supervisor, who shall be licensed as
an administrator under 16 V.S.A. chapter 51, to coordinate and
supervise the education program community high school of Vermont and coordinate use of other education programs by persons under the supervision of the
commissioner.
Sec. 6.031. 32 V.S.A. § 308d is added to read:
§ 308d. REVENUE SHORTFALL RESERVE; CREATION AND PURPOSE
(a) It is the purpose of this section to create a revenue shortfall reserve to be used in times of economic or fiscal stress.
(b) There is hereby created a revenue shortfall reserve administered by the commissioner of finance and management. Any budgetary basis unreserved and undesignated general fund surplus in excess of one percent occurring at the close of a fiscal year after the general fund budget stabilization reserve established by § 308 of this title has been brought to its authorized level, and any additional amounts as may be authorized by the general assembly, shall be reserved in the revenue shortfall reserve created by this section.
(c) In any fiscal year, if the general assembly determines there are insufficient revenues to fund expenditures for the operation of state government at a level the general assembly finds prudent and required, it may specifically appropriate the use of the revenue shortfall reserve to compensate for a reduction of revenues or fund such needs as the general assembly may determine.
(d) Determination of the amount of the revenue shortfall reserve shall be made by the commissioner of finance and management with the approval of the legislative joint fiscal committee.
Sec. 7.001. 19 V.S.A. § 11a. is amended to read:
§ 11a. TRANSPORTATION FUNDS APPROPRIATED FOR SUPPORT OF
GOVERNMENT
The maximum amount of
transportation funds that may be appropriated for the support of government,
other than for the agency of transportation, the transportation board,
transportation pay act funds, construction of transportation capital facilities
used by the agency of transportation, and transportation debt service shall not
exceed $35,007,219 $32,852,807.
Sec. 7.002. STATEMENT OF LEGISLATIVE
INTENT;
TRANSPORTATION FUNDING OTHER THAN AGENCY OF
TRANSPORTATION
(a) For fiscal year 2010, it is the intent of the general assembly that there will be continued support for a reduction in the maximum amount of transportation funds appropriated for the support of government, other than for the agency of transportation, the transportation board, transportation pay act funds, construction of transportation capital facilities used by the agency of transportation, and transportation debt service.
Sec. 7.003. HEALTH IT FINDINGS
(a) Legislative findings related to the health IT-fund as created in 32 V.S.A. chapter 241 and funded in 8 V.S.A. § 4089k:
(1) Improving the capability to access and exchange electronic health information is a key component of Vermont’s health care reform initiatives as originally expressed in the Health Care Affordability for Vermonters Act of 2006 and updated in No. 70 of the Acts of 2007.
(2) The Health Information Plan produced by the Vermont information technology leaders (VITL) and accepted by the general assembly documents the value of creating a statewide health information exchange network and the importance of providing financial and technical support to primary care practitioners to enable them to select, install, and use electronic medical records effectively.
(3) The creation, installation, and use of electronic information tools through the chronic care information system is a key element of the Blueprint for Health initiative to improve the prevention and care of chronic conditions.
(4) The financing model of the existing health care system results in most of the financial benefits of the use of health information technology not being realized by the primary care practitioners who have to invest in and use the electronic medical record. Those financial benefits accrue primarily to those who pay for health care services.
(5) No. 70 of the Acts of 2007 authorized an interim health information technology fund and pilot electronic medical record program, which is being successfully implemented by VITL and is demonstrating the effectiveness of this approach to assisting primary care practitioners.
(6) The return on investment from electronic medical record implementation as reported by medical practices using this technology shows:
(A) substantial administrative savings based on staff duties for chart pulls, new chart creation, searches, and transcriptions;
(B) savings on ordering and communicating tests, managing results, referral dictations, and transcription; and
(C) a large practice that sees 100 patients per day can save approximately $24,000 per year in charting supplies alone.
(7) The December 2007 report of the commonwealth fund commission on a high performance health system entitled “Bending the Curve” found that electronic medical records, when implemented along with process redesign efforts, can help providers improve quality and reduce medical errors, while health information exchange can improve care coordination and reduce unnecessary tests.
(8) The commonwealth fund commission report also estimated a cumulative savings of $88 billion nationally over a 10-year period due to the implementation of regional health information exchanges and electronic medical records.
(9) The gap between available funding and projected expenses for health information technology identified by VITL in the studies and plans it has submitted to the general assembly pursuant to Nos. 70 and 71 of the Acts of 2007 totals between $35 and $40 million over five years.
Sec. 7.004. 32 V.S.A. chapter 241 is added to read:
CHAPTER 241. HEALTH IT-FUND
§ 10301. HEALTH IT-FUND
(a) The Vermont health IT-fund is established in the state treasury as a special fund to be a source of funding for medical health care information technology programs and initiatives such as those outlined in the Vermont health information technology plan administered by the Vermont Information Technology Leaders (VITL). One hundred percent of the fund shall be disbursed for the advancement of health information technology adoption and utilization in Vermont as appropriated by the general assembly, less any disbursements relating to the administration of the fund. The fund shall be used for the development of programs and initiatives sponsored by VITL and state entities designed to promote and improve health care information technology, including:
(1) a program to provide electronic health information systems and practice management systems for primary care practitioners in Vermont;
(2) financial support for VITL to build and operate the health information exchange network;
(3) implementation of the Blueprint for Health information technology initiatives and the advanced medical home project; and
(4) consulting services for installation, integration, and clinical process re-engineering relating to the utilization of healthcare information technology such as electronic medical records.
(b) The health IT-fund shall be administered by the secretary of administration or his or her designee.
(c) Into the fund shall be deposited:
(1) revenue from the reinvestment fee imposed on health insurers pursuant to section 4089k of Title 8;
(2) contributions from the office of Vermont health access, as appropriated by the general assembly; and
(3) the proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the general assembly.
(d) The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund. All monies received by or generated to the fund shall be disbursed solely as allowed by appropriation of the general assembly.
(e) VITL and any other entity requesting disbursements from the health IT‑fund shall develop a detailed annual plan for proposed expenditures from the health IT-fund for the upcoming fiscal year. The expenditure plan shall be included within the context of the entity’s overall budget, including all revenue and expenditures. Beginning with the fiscal quarter commencing October 1, 2008, VITL and any other entity requesting disbursements from the health IT-fund shall submit proposed quarterly spending plans for review by the health care reform commission and approval by the secretary of administration. Upon the general assembly beginning its consideration of the expenditure plans for fiscal year 2010, this quarterly plan requirement shall cease.
(f) The plan developed under subsection (e) of this section shall be submitted to the secretary of administration or his or her designee, who shall then submit his or her recommendations on the plan to the health care reform commission.
(g) The secretary of administration or his or her designee shall submit an annual report on the receipts, expenditures, and balances in the health IT-fund to the joint fiscal committee at its September meeting and to the commission on health care reform by October 1. The report shall include information on the results of an annual independent study of the effectiveness of programs and initiatives funded through the health IT-fund, with reference to a baseline, benchmarks, and other measures for monitoring progress and including data on return on investments made.
(h) VITL and any other beneficiary receiving funding shall submit quarterly expenditure reports to the secretary of administration and the health care reform commission, including a year-end report by August 1.
(i) Any primary care practitioner receiving an electronic health information system, practice management system, or both pursuant to subdivision (a)(1) of this section shall maximize usage of such system in accordance with the guidelines developed by VITL. A practitioner who is determined by VITL to be using the system to less than its full capacity shall be provided with an opportunity for additional instruction as needed to enable full usage of the system. If a practitioner is unwilling or unable to utilize the system to its full capacity, such practitioner shall refund to VITL the fair market value of the system.
Sec. 7.005. 8 V.S.A. § 4089k is added to read:
§ 4089k. HEALTH CARE INFORMATION TECHNOLOGY
REINVESTMENT FEE
(a) Quarterly, beginning October 1, 2008, each health insurer shall pay a fee into the health IT-fund established in section 10301 of Title 32. The health insurer may choose either of the following fee options:
(1) 0.199 of one percent of all health care claims paid by the health insurer for its Vermont members in the previous fiscal quarter, or
(2) an annual fee payable quarterly, to be calculated on or before August 1, 2008 and on or before August 1 of each succeeding year by the department of banking, insurance, securities, and health care administration, or by an agent retained by the department, in consultation with the secretary of administration, based on the proportion which the health insurer’s total annual health care claims for the most recent four quarters of data available to the department bears to the total health care claims for all health insurers for the most recent four quarters of data available to the department, multiplied by the total fee revenue which would be raised if all health insurers chose the fee option established in subdivision (1) of this subsection. Such fee shall be subject to an annual recalculation by the department of banking, insurance, securities, and health care administration, or an agent retained by the department, with any surplus or shortfall in the amount collected adjudicated in the following fiscal quarter and bearing no interest or penalty to any party. The department’s cost of such calculations and recalculations shall be paid from the Vermont Health IT-Fund established under section 10301 of Title 32.
(b) It is the intent of the general assembly that all health insurers shall contribute equitably to the health IT-fund established in section 10301 of Title 32. In the event that the fee established in subsection (a) of this section is found not to be enforceable as applied to third party administrators or other entities, the fee amounts owed by all other health insurers shall remain at existing levels and the general assembly shall consider alternative funding mechanisms that would be enforceable as to all health insurers.
(c) As used in this section:
(1) “Health insurance” means any group or individual health care benefit policy, contract, or other health benefit plan offered, issued, renewed, or administered by any health insurer, including any health care benefit plan offered, issued, or renewed by any health insurance company, any nonprofit hospital and medical service corporation, or any managed care organization as defined in section 9402 of Title 18. The term does not include Medicaid, VHAP, or any other state health care assistance program financed in whole or in part through a federal program, unless authorized by federal law and approved by the general assembly. The term does not include policies issued for specified disease, accident, injury, hospital indemnity, dental care, long term care, disability income, or other limited benefit health insurance policies.
(2) “Health insurer” means any person who offers, issues, renews or administers a health insurance policy, contract, or other health benefit plan in this state, and includes third party administrators or pharmacy benefit managers who provide administrative services only for a health benefit plan offering coverage in this state. The term does not include a third party administrator or pharmacy benefit manager to the extent that a health insurer has paid the fee which would otherwise be imposed in connection with health care claims administered by the third party administrator or pharmacy benefit manager.
(d)(1) The secretary of administration may adopt such rules and issue such orders as are necessary to carry out the purposes of this section and section 10301 of Title 32, including those related to administration of the health IT‑fund and collection of the fee established in subsection (a) of this section.
(2) If any health insurer fails to pay the fee established in subsection (a) of this section within 45 days after notice from the secretary of administration of the amount due, the secretary of administration, or his or her designee, shall notify the commissioner of banking, insurance, securities, and health care administration of the failure to pay. In addition to any other remedy or sanction provided for by law, if the commissioner finds, after notice and an opportunity to be heard, that the health insurer has violated this section or any rule or order adopted or issued pursuant to this section, the commissioner may take any one or more of the following actions:
(A) Assess an administrative penalty on the health insurer of not more than $1,000.00 for each violation and not more than $10,000.00 for each willful violation;
(B) Order the health insurer to cease and desist in further violations; or
(C) Order the health insurer to remediate the violation, including the payment of fees in arrears and payment of interest on fees in arrears at the rate of 12 percent per annum.
(e) No later than June 30, 2011, the secretary of administration, or his or her designee, shall assess the adequacy of funding and make recommendations to the commission on health care reform concerning the appropriateness of the duration of the health care information technology reinvestment fee.
Sec. 7.006. 10 V.S.A. § 1942(a) and (b) is amended to read:
(a) There is hereby established a licensing fee of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this state, which will be assessed against every distributor, dealer or user as defined in 23 V.S.A. chapters 27 and 28, and which will be deposited into the petroleum cleanup fund. The secretary, in consultation with the Vermont Petroleum Association and the Vermont Fuel Dealers Association, Inc. shall annually determine whether or not to assess the one-cent licensing fee for the upcoming year. If the unencumbered balance of the motor fuel account of the fund established under subsection 1941(a) of this title is equal to or greater than $7,000,000.00, then the one-cent licensing assessment for the upcoming year shall not be assessed. If the unencumbered balance in the fund is less than $7,000,000, then the annual fee may be assessed. The secretary shall notify all sellers assessing this fee of the status of the fee for the upcoming year. This fee will be paid in the same manner, at the same time, and subject to the same restrictions or limitations as the tax on motor fuels. The fee will be collected by the commissioner of motor vehicles and deposited into the petroleum cleanup fund. This fee requirement shall terminate on April 1, 2011.
(b) There is assessed against every seller receiving more than $10,000.00 annually for the retail sale of heating oil or kerosene, sold in this state and not used to propel a motor vehicle, a licensing fee of one-half cent per gallon of such heating oil or kerosene. This fee shall be subject to the collection, administration, and enforcement provisions of chapter 233 of Title 32, and the fees collected under this subsection by the commissioner of taxes shall be deposited into the petroleum cleanup fund. The secretary, in consultation with the Vermont Petroleum Association and the Vermont Fuel Dealers Association, Inc. shall annually determine whether or not to assess the one-half cent licensing fee for the upcoming year. If the unencumbered balance of heating fuel account of the fund established under subsection 1941(a) of this title is equal to or greater than $3,000,000.00, then the one-half cent licensing assessment for the upcoming year shall not be assessed. If the unencumbered balance in the fund is less than $3,000,000, then the annual fee may be assessed. The secretary shall notify all sellers assessing this fee of the status of the fee for the upcoming year. This fee provision shall terminate April 1, 2011.
Sec. 9.001. EFFECTIVE DATES
(a) This section and Secs. 3.003, 4.002.3, 4.003, 4.004(b), 5.006(a), 5.006(k), 5.010, 5.012.1(a), 5.012.2, 5.104(b), 5.109, 5.110.1, 5.202.1, 5.203.1, 5.206, 5.208, 5.216, 5.403, 5.601.1, 5.803, 6.006, 6.007, 6.024, 6.025 and 6.031 of this act shall take effect on passage.
(b) Sec. 5.101(b) of this act shall take effect June 8, 2008.
(c) Sec. 5.207.1 of this act shall apply as of July 1, 2006.
(d) Sec. 5.304.1 of this act shall take effect on July 1, 2008 and shall remain in effect until July 1, 2009.
(e) Sec. 5.801.1 of this act shall take effect upon passage and shall begin to apply to data concerning individuals completing a program of study on or before July 1, 2008 and after, and will be included in reports presented to the joint fiscal committee beginning January 2010 and after.
(f) Sec. 6.025 of this act shall sunset July 1, 2010 and 30 V.S.A. § 7054 shall revert to the language that existed as of January 1, 2008.
(g) Sec. 7.005 of this act shall sunset July 1, 2015.
The Vermont General Assembly
115 State Street
Montpelier, Vermont
