Download this document in MS Word format


AutoFill Template

House Calendar

THURSDAY, MARCH 1, 2007

58th DAY OF BIENNIAL SESSION

House Convenes at 3:00 PM

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

H. 368  Regulation of Professions and Occupations........................................ 147

Favorable with Amendment

H. 334   Relating to Restitution....................................................................... 147

               Rep. Flory for Judiciary

H. 405  Relating to Capital Construction and State Bonding............................ 156

               Rep. Emmons for Institutions

               Rep. Hutchinson for Appropriations

               Rep. Emmons Amendment............................................................... 157

               Rep. Klein Amendment.................................................................... 158

NOTICE CALENDAR

Committee Bill for Second Reading

H. 433  Workforce Development Programs and Internships............................ 158

               Rep. Kupersmith for Commerce

Favorable

H.  72   Amendments to the Charter of the City of Barre................................. 158

               Rep. L. Martin for Government Operations

S.  83     Relating to Delinquent Tax Penalties................................................. 158

               Rep. Manwaring for Government Operations

J.R.H. 17  Purchase of Equipment for Amtrak VT Services........................... 158

               Rep. Helm for Appropriations

Senate Proposal of Amendment

H. 302  Fiscal Year 2007 Budget Adjustments............................................... 159

 

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 48  Congratulating Ernie Farrar on 40th Anniversary WVMT ............. 166

H.C.R. 49  Honoring Carole Lechthaler VNA&H of VT and NH.................. 166

H.C.R. 50  Honoring Pat Richardson for Service to Town of Hartford............ 166

H.C.R. 51  Honoring Former Rep and Sgt.-At-Arms Kermit Spaulding.......... 166

H.C.R. 52  Honoring Wallingford Locker & Paul and Justin Courcelle............ 166

H.C.R. 53  Honoring Rutland City Fire Department....................................... 166

H.C.R. 54  Honoring J. Douglas Webb for Service to Fairfax......................... 166

H.C.R. 55  In Memory of Lance Cpl. Kurt E. Dechen of Springfield.............. 166

H.C.R. 56  Congratulating Jeremy Russo of Rupert........................................ 166

H.C.R. 57  In Memory of John D. Flory, Jr................................................... 166

H.C.R. 58  Honoring Alice Sturgeon for Service in Georgia............................ 166

H.C.R. 59   Honoring Arlo Sterner for Service in Wolcott & Morrisville......... 166

H.C.R. 60  Congratulating Great Falls Regional Chamber of Commerce......... 167

H.C.R. 61  Congratulating Norwich University Coach Michael McShane....... 167

H.C.R. 62  Honoring Mary Lou Raymo for Service to Dover......................... 167

S.C.R. 10  Honoring Albert and Marcia Perry for Civic Contributions............ 167

S.C.R. 11  Honoring Marcia McGlynn for Service to town of Woodbury....... 167

 

 

 

 

 

                       


 

ORDERS OF THE DAY

ACTION CALENDAR

     Third Reading

H. 368

An act relating to regulation of professions and occupations.

Favorable with Amendment

H. 334

     An act relating to restitution.

Rep. Flory of Pittsford, for the Committee on Judiciary, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  12  V.S.A. § 2901 is amended to read:

§ 2901.  CREATION OF JUDGMENT LIEN

A final judgment issued in a civil action or a restitution order entered under section 7043 of Title 13 shall constitute a lien on any real property of a judgment debtor if recorded as provided in this chapter.

Sec. 2.  13  V.S.A. § 5362 is amended to read:

§ 5362.  RESTITUTION UNIT

* * *

(c)  The restitution unit shall have the authority to:

* * *

(4)  Investigate and verify the amount of insurance or other payments paid to or for the benefit of a victim, and adjust the amount collected from the offender or disbursed to the victim from the crime victims' restitution special fund accordingly.  No hearing shall be required before the restitution unit adjusts a collection or disbursement pursuant to this subdivision, provided that the unit notifies the court and the offender of the adjustment.

* * *

Sec. 3.  13 V.S.A. § 5363 is amended to read:

§ 5363.  CRIME VICTIMS' RESTITUTION SPECIAL FUND

* * *

(b)(1)  There shall be deposited into the fund:

* * *

(3)  If a victim who is entitled to receive an advance payment of restitution from the crime victims’ restitution special fund cannot be located, the restitution unit shall report the amount to the treasurer within the time limits provided by subsection 1247(d) of Title 27, and the treasurer shall report it as unclaimed property.  Notwithstanding any other provision of law, in no event shall collected restitution payments be deposited with the treasurer or subject to ultimate deposit in the general or education fund.

* * *

Sec. 4.  13 V.S.A. § 5365 is added to read:

§ 5365.  ACCESS TO FINANCIAL RECORDS

(a)  As used in this section:

(1)  "Depositor" means an owner of an account in a financial institution and includes "share account holders" of credit unions.

(2)  "Financial institution" means a savings and loan association, a trust company, a savings bank, an industrial bank, a banking organization, a commercial bank, or a credit union organized under the laws of this state or authorized to do business in this state.

(4)  "Offender" means a person who owes restitution.

(5)  "Restitution unit" means the state of Vermont restitution unit.

(6)  "Restitution" means an unsatisfied obligation to pay restitution that was ordered in connection with a criminal case and about which, prior to the issuance of the order, the offender had notice and an opportunity to contest the amount owed.

(b)  Upon receipt of a duly authorized written request from the restitution unit to identify depository accounts held by an offender, a financial institution shall search its depositor records in order to identify accounts in which the offender has an ownership or beneficial interest.

(c)  A financial institution shall notify the restitution unit of all accounts identified in response to a request filed under subsection (b) of this section.  The notification shall contain the following information, if available to the financial institution through its search procedure, for each account identified:

(1)  The full name, date of birth, and address that the offender provided for himself or herself to the financial institution.

(2)  The offender’s Social Security number.

(3)  The offender’s account number.

(4)  The amount of deposits contained in the offender’s account.

(5)  Whether the offender is the sole owner of the account.

(d)  The financial institution shall not provide notice in any form to a depositor identified by the restitution unit pursuant to this section.  Failure to provide notice to a depositor shall not constitute a violation of the financial institution's duty of good faith to its customers.

(e)  A financial institution may charge the restitution unit a fee for services provided under this section, provided that the fee shall not exceed the actual costs incurred by the financial institution.

(f)  The information provided to each other by the financial institution and the restitution unit pursuant to this section shall be confidential and shall be used only for the purpose of collecting unpaid restitution.

Sec. 5.  13  V.S.A. § 7043 is amended to read:

§ 7043.  RESTITUTION

(a)(1)  Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss.

(2)  For purposes of this section, "material loss" means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured loss of income, uninsured financial impact suffered as a consequence of the victim’s  crime-related death, and uninsured medical expenses.

(b)  When ordered, restitution may include:

(1)  return of property wrongfully taken from the victim;

(2)  cash, credit card, or installment payments paid to the restitution unit; or

(3)  payments in kind, if acceptable to the victim.

(c)  In awarding restitution, the court shall make findings with respect to:

(1)  The total amount of the material loss incurred by the victim. If sufficient documentation of the material loss is not available at the time of sentencing, the court shall set a hearing on the issue, and notice thereof shall be provided to the offender.

(2)  The offender's current ability to pay restitution, based on all financial information available to the court, including information provided by the offender.

(d)(1)  An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (k) of this section.  Notwithstanding chapter 113 of Title 12 or any other provision of law, interest shall not accrue on a restitution judgment.

(2)(A)  Every order of restitution shall:

(i)  include the offender's name, address and social security number;

(ii)  include the name, address, and telephone number of the offender's employer; and

(iii)  require the offender, until his or her restitution obligation is satisfied, to notify the restitution unit within 30 days if the offender's address or employment changes, including providing the name, address, and telephone number of each new employer.

(B)  [Repealed.]

(e)(1)  If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole.  A person shall not be placed on probation solely for purposes of paying restitution.  An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

(2)  The department of corrections shall work collaboratively with the restitution unit to assist with the collection of restitution.  The department shall provide the restitution unit with information about the location and employment status of the offender.

(f)(1)  When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(2)(A)  If restitution was not requested at the time of sentencing, or if expenses arose after the entry of a restitution order, the state may file a motion with the sentencing court to reopen the restitution case in order to consider a request for restitution payable from the restitution fund.  Restitution ordered under this subdivision shall not be payable by the offender. 

(B)  A motion under this subdivision shall be filed within one year after the imposition of sentence or the entry of the restitution order.

(g)  Restitution ordered under this section shall not preclude a person from pursuing an independent civil action for all claims not covered by the restitution order.

(h)(1)  The court shall transmit a copy of a restitution order to the restitution unit, which shall make payment to the victim in accordance with section 5363 of this title.

(2)  To the extent that the victims compensation board has made payment to or on behalf of the victim in accordance with chapter 167 of this title, restitution, if imposed, shall be paid to the restitution unit, which shall make payment to the victims compensation fund.

(i)  The restitution unit may bring an action to enforce a restitution order against an offender in the superior or small claims court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued by the district court shall be enforceable in superior or small claims court in the same manner as a civil judgment.  Superior and small claims court filing fees shall be waived for an action under this subsection, and for an action to renew a restitution judgment.

(j)  All restitution payments shall be made to the restitution unit, with the exception of restitution relating to a conviction for welfare fraud ordered under this section and recouped by the economic services division.  The economic services division shall provide the restitution unit with a monthly report of all restitution collected through recoupment.  This subsection shall have no effect upon the collection or recoupment of restitution ordered under Title 33.

(k)  The sentencing court may modify the payment schedule of a restitution order if, upon motion by the restitution unit or the offender, the court finds that modification is warranted by a substantial change in circumstances.

( l )(m)  If the offender fails to pay restitution as ordered by the court, the restitution unit may file an action to enforce the restitution order in superior or small claims court.  After an enforcement action is filed, any further proceedings related to the action shall be heard in the court where it was filed.  The court shall set the matter for hearing and shall provide notice to the restitution unit, the victim, and the offender.  If the court determines the offender has failed to comply with the restitution order, the court may take any action the court deems necessary to ensure the offender will make the required restitution payment, including:

(1)  amending the payment schedule of the restitution order;

(2)  ordering, in compliance with the procedures required in Rule 4.1 of the Vermont Rules of Civil Procedure, the disclosure, attachment, and sale of assets and accounts owned by the offender;

(3)  ordering the offender's wages withheld pursuant to subsection (o) of this section; or

(4)  ordering the suspension of any recreational licenses owned by the offender.

(m)(1)(n)(1)  Any monies owed by the state to an offender who is under a restitution order, including lottery winnings and tax refunds, shall be used to discharge the restitution order to the full extent of the unpaid total financial losses, regardless of the payment schedule established by the courts.

(2)  When an offender is entitled to a tax refund, any restitution owed by the offender shall be withheld from the refund pursuant to subchapter 12 of chapter 151 of Title 32.

(3)(A)  For all Vermont lottery games, the lottery commission shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding restitution order.  If the winner owes restitution, the lottery commission shall withhold the entire amount of restitution owed and pay it to the restitution unit.  The remainder of the winnings, if any, shall be sent to the winner.  The winner shall be notified by the restitution unit of the offset prior to payment to the victim and given a period not to exceed 20 days to contest the accuracy of the information.

(B)  The restitution unit shall inform the lottery commission of persons with outstanding restitution orders upon request. Each person subject to such an order shall be identified by name, address, and Social Security number.

(C)  If a lottery winner has an outstanding restitution order and an outstanding child support order, the lottery winnings shall be offset first pursuant to section 792 of Title 15 by the amount of child support owed, and second pursuant to this subsection by the amount of restitution owed.  The remainder of the winnings, if any, shall be sent to the winner.

(4)  Unless otherwise provided, monies paid under this subsection shall be paid directly to the restitution unit.

(n)(1)(o)(1)  The sentencing court at the time of sentencing, or the superior or small claims court in a subsequent proceeding, may issue a wage withholding order directing All restitution orders made or modified on or after January 1, 2008 shall include an order for wage withholding unless the court in its discretion finds good cause not to order wage withholding or the parties have entered into an alternative arrangement by written agreement which is affirmatively stated in the order.  The wage withholding order shall direct current and subsequent employers of the offender to pay a portion of the offender's wages directly to the restitution unit until the offender's restitution obligation is satisfied.  The wages of the offender shall be exempt as follows:

(A)  to the extent provided under Section 303(b) of the Consumer Credit Protection Act (15 U.S.C. § 1673(b)); or

(B)  if the court finds the weekly expenses reasonably incurred by the debtor for his or her maintenance and that of dependents exceed the amounts exempted by subdivision (1)(A) of this subsection, such greater amount of earnings as the court shall order.

(2)  The court shall transmit all wage withholding orders issued under this section to the restitution unit, which shall forward the orders to the offender's employers.  Upon receipt of a wage withholding order from the restitution unit, an employer shall:

(A)  withhold from the wages paid to the offender the amount specified in the order for each wage period;

(B)  forward the withheld wages to the restitution unit within seven working days after wages are withheld, specifying the date the wages were withheld;

(C)  retain a record of all withheld wages;

(D)  cease withholding wages upon notice from the restitution unit; and

(E)  notify the restitution unit within 10 days of the date the offender's employment is terminated.

(3)  In addition to the amounts withheld pursuant to this section, the employer may retain not more than $5.00 per month from the offender's wages as compensation for administrative costs incurred.

(4)  Any employer who fails to withhold wages pursuant to a wage withholding order within 10 working days of receiving actual notice or upon the next payment of wages to the employee, whichever is later, shall be liable to the restitution unit in the amount of the wages required to be withheld.

(5)  An employer who makes an error in the amount of wages withheld shall not be held liable if the error was made in good faith.

(6)  For purposes of this subsection, "wages" means any compensation paid or payable for personal services, whether designated as wages, salary, commission, bonuses, or otherwise, and shall include periodic payments under pension or retirement programs and workers' compensation or insurance policies of any type.

(o)(p)  An obligation to pay restitution is part of a criminal sentence and is:

(1)  nondischargeable in the United States Bankruptcy Court to the maximum extent provided under 11 U.S.C. §§ 523 and 1328; and

(2)  not subject to any statute of limitations.

(p)(q)  A transfer of property made with the intent to avoid a restitution obligation shall be deemed a fraudulent conveyance for purposes of chapter 57 of Title 9, and the restitution unit shall be entitled to the remedies of creditors provided under section 2291 of Title 9.

Sec. 6.  23 V.S.A. § 1213c(j) is amended to read:

(j)  Order of forfeiture.  If the court orders the motor vehicle forfeited, it shall be delivered into the custody of the commissioner of buildings and general services, who shall dispose of the motor vehicle pursuant to section 1556 of Title 29.  The proceeds from the sale of the vehicle shall first be used to offset any costs of selling the vehicle, and then, after any liens on the vehicle have been paid in full, applied to any unpaid restitution owed by the defendant in connection with the charge that resulted in forfeiture. Any balance remaining, after any liens on the vehicle have been paid in full, shall be deposited into the general fund.

Sec. 7.  27 V.S.A. § 1249 is amended to read:

§ 1249.  NOTICE AND PUBLICATION OF LISTS OF UNCLAIMED

       PROPERTY

(a)  The treasurer shall notify apparent owners of unclaimed property under this chapter in the manner and method set out in subsection (b) of this section. In deciding whether to use an additional method specified in subdivision (b)(2) of this section, and which of those methods to use, the treasurer shall employ the method he or she deems to be the most cost-effective method available within its appropriations, while also giving consideration to the effectiveness of the method.

(b)  The treasurer:

(1)  shall notify all apparent owners of unclaimed property in accordance with this section by means of posting on the treasurer's website on the internet;

(2)  may use any of the following to provide additional notice to the apparent owners:

(A)  publication in a newspaper of general circulation:

(i)  in the area of the state in which the last known address of a person to be named in the notice is located;

(ii)  in the area in which the holder has its principal place of business in the state; or

(iii)  in the area the treasurer deems to provide the best opportunity to reach the apparent owner;

(B)  individual contact by regular or electronic mail, or by telephone, if the treasurer has current contact information on file;

(C)  any other manner and method that the treasurer considers effective for providing notice and publication.

(c)  In the notice and publication under subsection (b) of this section, the treasurer shall provide the names of the apparent owners of the property and information regarding recovery of the unclaimed property.

(d)  The treasurer is not required to publish in the notice an item of less than $100.00 in value.

(e)  The treasurer may establish a program to assist other state agencies holding property not presumed to be abandoned to locate the owners of the property.  Under this program, the treasurer may publish the owners’ names on the treasurer’s website and in any other manner the treasurer deems appropriate without taking possession of the property.  Owners contacting the treasurer’s office under this program would be referred to the state agency possessing the property.  Agencies participating in the program will remain obligated to report and remit the property to the treasurer’s office after it is presumed abandoned.

Sec. 8.  13  V.S.A. § 7282 is amended to read:

§ 7282. ASSESSMENT

(a) In addition to any penalty or fine imposed by the court or judicial bureau for a criminal offense or any civil penalty imposed for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or judicial bureau shall levy an additional fee of:

* * *

(9) For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the crime victims' restitution special fund established by section 5363 of this title.

* * *

Sec. 9.  REPEAL OF SUNSET FOR RESTITUTION UNIT AND CRIME VICTIMS’ RESTITUTION SPECIAL FUND

Sec. 16 of No. 57 of the Acts of 2003 (sunset for restitution unit and crime victims’ restitution special fund) is repealed.

Sec. 10.  EFFECTIVE DATE

Sec. 9 of this act shall take effect on July 1, 2009.

(Committee vote: 10-0-1)

H. 405

An act relating to capital construction and state bonding.

(Rep. Emmons of Springfield will speak for the Committee on Institutions.)

Rep. Hutchinson of Randolph, for the Committee on Appropriations, recommends the bill be amended as follows:

First: On page 3, line 10, before the period, by inserting the words “; and approved by the joint fiscal committee

Second:  On page 7, line 8 by striking “$9,320,765” and inserting in lieu thereof “$9,420,765”; on page 8, line 6, by inserting a new subdivision (a)(6) to read:

(6)  $100,000 shall be used to fund the state share of energy performance contracts pursuant to section 3448f  of Title 16.

And on page 8, line 21 by striking “$10,540,765” and inserting in lieu thereof “$10,640,765

Third: On page 15, lines 10 through 16, by striking Sec. 20 and inserting in lieu thereof the following:  [DELETED]

Fourth:  On page 20, by striking Sec. 29 in its entirety and inserting in lieu thereof a new Sec. 29 to read:

Sec. 29.  29  V.S.A. §48 is amended to read:

§ 48. POWERS AND DUTIES OF COUNCIL

(a) The council shall facilitate a process which will result in a recommendation of an artist or artist team for each project selected for installation of artwork.  The artist or artist team shall collaborate with the project architect or design team during the initial design phase of the project.

(b)  Following design of the project, the council shall:

(1) appoint persons to serve on the art selection panel;

(2) establish contract procedures for contracting with artists for works of art and with architects for services related to the planning for the acquisition of works of art;

(3) on the advice of the art selection panel, arrange contracts with artists and order payments from the art acquisition fund for such works of art;

(4) review the final installation and placement of works of art. In the case of works to be commissioned, the art selection panel shall review the design, the final execution and the placement of the commissioned work;

 (5) assist occupant and contracting agencies in locating insurance when it deems such insurance is necessary for the protection of the works of art which are purchased.

(b) (c) Without further appropriation, the council may expend funds transferred to it for administration of this chapter. 

Fifth:  On page 24, line 2, following the words “applications have received” by inserting “all obligated

Sixth:  On page 24, lines 5 through 9 by striking Sec. 36 in its entirety and inserting in lieu thereof a new Sec. 36 to read:

Sec. 36.  COMMISSIONER OF EDUCATION REPORT

On or before January 1, 2008, the commissioner of education shall report to the general assembly on options considered and specific recommendations to address the needs and pressures of school construction, including recommendations for a funding mechanism for state school construction aid and revisions to criteria for school construction project approval.

(Committee vote: 10-0-1)

Amendment to be offered by Rep. Emmons of Springfield to H. 405

Moves to amend the bill as follows:

First:  In Sec. 35, on page 23, line 14, by striking “July 1, 2007” and inserting in lieu thereof “March 7, 2007”; and on line 15, following the words “authorized bonds, and” by inserting the word “thereafter

Second:  On page 27, line 3, by inserting a new Sec. 43 to read:

Sec. 43.  STATEHOUSE IMPROVEMENTS

The Friends of the State House is authorized to engage in private fundraising for improvements to the state house in accordance with the conceptual plan dated January 13, 2006.  No state funding shall be used for salaries or fees of fundraisers.  No naming opportunities shall be offered in connection with fundraising efforts. 

and by renumbering the existing Sec. 43 to be Sec. 44

Amendment to be offered by Rep. Klein of East Montpelier  to H. 405

Moves to amend the bill as follows:

     First:  In Sec. 24, pages 22 and 23, by striking the section and inserting lieu thereof  the following: [DELETED]

   Second: In Sec. 37 on page 24, by striking the section and inserting in lieu thereof the following: [DELETED]

NOTICE CALENDAR

Committee Bill for Second Reading

H. 433

An act relating to the next generation initiative of workforce development through workforce development programs and internships.

(Rep. Kupersmith of South Burlington will speak for the Committee on Commerce.)

Favorable

H. 72

     An act relating to approval of amendments to the charter of the city of Barre.

     Rep.  Martin of Wolcott, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

S. 83

An act relating to delinquent tax penalties.

Rep. Manwaring of Wilmington, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

J. R. H. 17

     Joint resolution relating to legislative approval for purchase of equipment for Amtrak Vermont services.

Rep. Helm of Castleton, for the Committee on Appropriations, recommends the resolution ought to be adopted.

(Committee vote: 11-0-0)

Senate Proposal of Amendment

H. 302

     An act relating to fiscal year 2007 budget adjustments.

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

     First:  By striking out Sec. 8 in its entirety and inserting in lieu thereof a new Sec. 8 to read as follows:

Sec. 8.  Sec. 56 of No. 215 of the Acts of 2006 is amended to read:

Sec. 56.  Vermont court diversion

* * *

     (a)  Court diversion programs may use funds allocated in the appropriation above for increased wages to maintain salaries and benefits.

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

Sec. 9a.  Sec. 63 of No. 215 of the Acts of 2006 is amended to read:

Sec. 63.  Public safety – administration

* * *

     (b)  Of the funds appropriated to the department of public safety $26,000 shall be used to make a grant to the Essex county sheriff department. The commissioner may transfer this amount from line items in this appropriation or other department of public safety appropriations to implement this directive forthwith.

     Third:  By striking out Sec. 11(d) in its entirety

     Fourth:  In Sec. 20, by striking out the figure “242,760,326” where it twice appears and inserting in lieu thereof the figure 242,770,387 and by striking out the figure “79,565,428” and inserting in lieu thereof the figure 79,575,489

     Fifth:  By striking out Sec. 22 in its entirety and inserting in lieu thereof a new Sec. 22 to read as follows:

Sec. 22.  Sec. 101 of No. 215 of the Acts of 2006 is amended to read:

Sec. 101.  Secretary’s office-Global Commitment

          Grants                                                  792,294,238                 809,595,892

     Source of funds

          General fund                                         116,901,768                 124,205,456

          Special funds                                          12,939,662                   14,671,205

          Tobacco fund                                         19,299,711                   19,815,424

          State health care resource fund              153,832,688                 153,832,688

          Catamount fund                                                                             1,657,678

          Federal funds                                        487,041,206                 493,134,238

          Interdepartmental transfer                         2,279,203                     2,279,203

               Total                                               792,294,238                 809,595,892

***

(b)  In addition to the state funds appropriated in this section, a total estimated sum of $35,594,773 $33,133,325 is anticipated to be certified as state matching funds under the Global Commitment as follows:

(1)  $19,536,7351 $17,075,287 certified state match available from local education agencies.  This amount combined with $27,665,633 $24,379,713 of federal funds appropriated in this section equals a total estimated expenditure of $47,202,367 $41,455,000 for eligible special education school-based Medicaid services under the Global Commitment.  An amount equal to the actual amount of the federal matching funds for eligible special education school-based Medicaid services under global commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.

(2)  $1,497,110 certified state match available from local education agencies for eligible services under the Global Commitment provided to students under Section 504 of the Rehabilitation Act of 1973.

(32$7,459,137 $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.

(43)  $4,215,210 certified state match available from local education and social service agencies for eligible services provided to students in the success beyond six programs eligible persons through the children’s collaborative services program.

(54)  $1,847,186 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.

(65)  $1,039,395 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.

***

     Sixth:  After Sec. 22, by adding a new section to be numbered Sec. 22a to read as follows:

Sec. 22a.  GLOBAL COMMITMENT APPROPRIATIONS; TRANSFER;  REPORT

(a)  In order to facilitate the end of year closeout for fiscal year 2007, the secretary of the agency of human services, with approval from the secretary of administration, may make transfers among the appropriations authorized for Medicaid and Medicaid-waiver program expenses.  At least three business days prior to any transfer, the agency shall submit a proposal of transfers to be made pursuant to this section to the joint fiscal office.  A final report on all transfers made under this section shall be made to the joint fiscal committee for review at the September 2007 meeting.  The purpose of this section is to provide the agency with limited authority to modify the appropriations to comply with the terms and conditions of the global commitment for health waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

     Seventh:  In Sec. 24, by adding a new subsection (c) to read as follows:

     (c)  The director of the office of Vermont health access shall not encumber or expend more than 10 percent of the $3,034,333 allocated in the appropriation above for marketing, outreach and associated internal systems for the Catamount, Medicaid and SCHIP programs until a plan has been reviewed and approved by the commission on health care reform created pursuant to Sec. 277c of No. 71 of the Acts of 2005.  

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

Sec. 25.  Sec. 109 of No. 215 of the Acts of 2006 is amended to read:

Sec. 109.  Office of Vermont health access - Medicaid program – non-Global Commitment long-term care waiver

     Grants                                             172,317 361                 167,782,587

Source of funds

     General fund                                     70,960,289                   69,092,869

     Federal funds                                  101,357,071                   98,689,718

          Total                                           172,317,361                 167,782,587

     (a)  The director of the office of Vermont health access and the commissioner of the department of disabilities, aging and independent living shall provide services to all eligible persons deemed high needs or greater.  The intent of this subsection is that for the remainder of fiscal year 2007 persons who are determined to be high or highest needs and eligible for services under the choices for care waiver shall receive services and not be placed on a waiting list.

     (b)  The director of the office of Vermont health access and the commissioner of the department of disabilities, aging and independent living shall report to the house and senate committees on appropriations by April 1, 2007 with recommendations on:  the methodology to be used for calculating program savings due to the Choices for Care waiver; and a framework for deciding how savings are to be reinvested.

     Ninth:  By striking out Sec. 34 in its entirety and inserting in lieu thereof a new Sec. 34 to read as follows:

Sec. 34.  Sec. 121 of No. 215 of the Acts of 2006 is amended to read:

Sec. 121.  Health – alcohol and drug abuse programs

     Personal services                            9,228,703                      9,216,203

     Operating expenses                         1,130,648                      1,130,648

     Grants                                            20,255,145                   20,267,645

          Total                                          30,779,496                   30,614,496

Source of funds

     General fund                                     3,370,025                     3,294,765

     Special funds                                        195,500                        195,500

     Tobacco fund                                   2,382,834                     2,382,834

     Global Commitment fund   15,235,609             15,777,640

     Federal funds                                    9,445,528                     8,813,757

     Interdepartmental transfer      150,000                  150,000

          Total                                          30,779,496                   30,614,496

* * *

     (g)  In addition to the $345,000 of funds allocated for grants to recovery centers in the above appropriation, $12,500 of funds shall be granted to the Vermont’s recovery center network.

     Tenth:  In Sec. 45, in Sec. 143 of No. 215 of the Acts of 2006, by striking out subsection (a) in its entirety and inserting in lieu thereof the following:

     (a)  In fiscal year 2007, the department for children and families may provide financial assistance and support services to families through solely state funded programs in order to maintain the separate state programs and segregated funds program established in subchapter 3 of chapter 11 of Title 33 and to assist the department in complying with the requirements relating to Temporary Assistance to Needy Families contained in the Deficit Reduction Act of 2005 pending further action by the general assembly.  This section shall not be interpreted to modify the requirements for families receiving services or the programs established in subchapter 3 of chapter 11 of Title 33, but is intended to permit the department flexibility in reporting maintenance-of-effort funds.

(b) In fiscal year 2007, the department for children and families and the department of taxes shall shift the source of funds used for the earned income tax credit from state maintenance of effort funds to temporary assistance to needy families (TANF) funds in order to maximize the state’s use of maintenance of effort funding to achieve compliance with federal law. The state maintenance of effort funds shifted from the earned income tax credit shall be used to replace the TANF funds shifted to that program. This section is not intended to increase funding for either department, but to allow for a shift in the funds source.

     Eleventh:  By striking out Sec. 53 in its entirety and inserting in lieu thereof a new Sec. 53 to read as follows:

Sec. 53.  Sec. 166 of No. 215 of the Acts of 2006 is amended to read:

Sec. 166.  Total human services                     2,334,471,503           2,364,199,280

     Source of funds

          General fund                                            485,036,701              484,632,600

          Special funds                                             55,098,746                57,469,667

          Tobacco fund                                            25,643,048                25,643,048

          Global Commitment fund                         759,799,535              775,567,996

          State health care resource fund                 153,932,688              153,932,688

          Catamount fund                                                                             1,657,678

          Federal funds                                           837,650,659              846,233,750

          Permanent trust funds                                        10,000                       10,000

          Internal service funds                                   3,322,612                  3,322,612

          Interdepartmental transfer                          13,977,514                15,729,241

               Total                                               2,334,471,503           2,364,199,280

     Twelfth:  After Sec. 56, by adding a new section to be numbered Sec. 56a to read as follows:

Sec. 56a.  Sec. 171 of No. 215 of the Acts of 2006 is amended to read:

Sec. 171.  Education - finance and administration

     Personal services                              4,619,254                     4,619,254

     Operating expenses                           1,623,008                     1,687,691

     Grants                                            14,505,600                   14,505,600

               Total                                     20,747,862                   20,812,545

Source of funds

     General fund                                     3,389,969                      3,389,969

     Special funds                                  14,924,219                   14,924,219

     Federal funds                                    1,614,782                     1,614,782

     Global Commitment fund        811,775                  876,458

     Interdepartmental transfer          7,117                       7,117

               Total                                     20,747,862                  20,812,545

***

     Thirteenth:  After Sec. 57, by adding a new section to be numbered Sec. 57a to read as follows:

Sec. 57a.  Sec. 174 of No. 215 of the Acts of 2006 is amended to read:

Sec. 174.  Education - special education: formula grants

     Grants                                            125,280,000                 125,215,000

Source of funds

     Education fund                  125,050,000           125,050,000

     Global Commitment fund          230,000                  165,000

               Total                                     125,280,000                 125,215,000

***

     Fourteenth:  After Sec. 58, by adding two new sections to be numbered Sec. 58a and Sec. 58b to read as follows:

Sec. 58a.  Sec. 177 of No. 215 of the Acts of 2006 is amended to read:

Sec. 177.  Education – adjusted education payment

     Grants                                             1,018,388,625            1,017,888,625

Source of funds

     Education fund                  1,018,388,625 1,017,888,625

* * *

Sec. 58b.  Sec. 180 of No. 215 of the Acts of 2006 is amended to read:

Sec. 180.  Education – small school grants

     Grants                                                       5,360,000           5,618,935

Source of funds

     Education fund                                5,360,000                   5,618,935

     Fifteenth:  In Sec. 60, by striking out the figure “1,778,138,935” where it twice appears and inserting in lieu thereof the figure 1,777,897,553 and by striking out the figure “1,307,222,597” and inserting in lieu thereof the figure 1,306,981,532 and by striking out the figure “1,041,775” and inserting in lieu thereof the figure 1,041,458

     Sixteenth:  In Sec. 74(a), by striking out the word “catagory” and inserting in lieu thereof the word category

     Seventeenth:  In Sec. 90(a)(3), by striking out the words “up to

     Eighteenth:  In Sec. 95, by adding a new subsection (c) to read as follows:

     (c)  The funds appropriated in Sec. 5 of H.213 of 2007 are exempt from the fiscal year 2007 general fund appropriation total used to calculate the five percent budget stabilization requirement for fiscal year 2008 in 32 V.S.A. § 308.

     Nineteenth:  By striking out Sec. 109 in its entirety and inserting in lieu thereof a new Sec. 109 to read as follows:

Sec. 109.  NEXT GENERATION FUND

(a)  Of the total sum transferred from the fiscal year 2007 general fund to the next generation initiative fund, the sum of $1,700,000 is appropriated as follows:

(1)  The sum of $500,000 is appropriated to the agency of commerce and community development for the issuance of Vermont training program grants pursuant to 10 V.S.A. § 531.

(2)  The sum of $500,000 is appropriated to the workforce education and training fund created in Sec. 157a(d) of No. 62 of the Acts of 1999 as amended by Sec. 14 of No. 212 of the Acts of 2006.

(3)  The sum of $500,000 is appropriated to the Vermont student assistance corporation for its nondegree grant program.

(4)  The sum of $200,000 is appropriated to the  Vermont state colleges for scholarships enabling dual enrollment by high school students in college courses.

     And by renumbering all of the sections of the bill to be numerically correct (including internal references) and adjusting all of the totals to be arithmetically correct.

(For text see House Journal February 16, 2007, P. 199)

CONSENT CALENDAR

Concurrent Resolutions for Notice Under Joint Rule 16

     The following concurrent resolutions have been introduced for approval by the House and Senate and have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff.

(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, March 1, 2007)

 

H.C.R.  48.

House concurrent resolution congratulating Ernie Farrar on his 40th anniversary of broadcasting on WVMT radio.

H.C.R.  49

House concurrent resolution honoring Carole Lechthaler on her retirement as the outstanding area director of the central region of the Visiting Nurse Association & Hospice of Vermont and New Hampshire.

H.C.R.  50.

House concurrent resolution honoring Pat Richardson for her dedicated public service in the town of Hartland.

H.C.R.  51.

House concurrent resolution honoring former Representative and retiring Sergeant-at-Arms Kermit Spaulding of Stowe for his outstanding public service on behalf of all Vermonters.

H.C.R.  52.

House concurrent resolution honoring the Wallingford Locker and its owners, Paul and Justin Courcelle.

H.C.R.  53.

House concurrent resolution honoring the community spirit of the Rutland city fire department.

H.C.R.  54.

House concurrent resolution honoring J. Douglas Webb for his life of community service in the town of Fairfax and in Franklin County.

H.C.R.  55.

House concurrent resolution in memory of Lance Cpl. Kurt Edward Dechen of Springfield.

H.C.R.  56.

House concurrent resolution congratulating Jeremy Russo of Rupert on his designation as a national Outstanding Young Farmer semifinalist.

H.C.R.  57.

House concurrent resolution in memory of John D. Flory Jr.

H.C.R.  58.

House concurrent resolution honoring Alice Sturgeon for her community service in Georgia.

H.C.R.  59

House concurrent resolution honoring Arlo Sterner for his outstanding public service in Lamoille County and in the towns of Morrisville and Wolcott

H.C.R.  60.

House concurrent resolution congratulating the Great Falls Regional Chamber of Commerce on its 50th anniversary.

H.C.R.  61.

House concurrent resolution congratulating Norwich University ice hockey coach Michael McShane on his 500th collegiate victory.

H.C.R.  62.

House concurrent resolution honoring Mary Lou Raymo for her superb public service in the town of Dover.

S.C.R.  10.

     Senate concurrent resolution honoring Representative Albert and Marcia Perry for their civic contributions to their community, state and nation.

S.C.R.  11. 

     Senate concurrent resolution honoring Marcia McGlynn for her public service on behalf of the town of Woodbury.

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us