Download this document in MS Word format


AutoFill Template

Journal of the House

________________

TUESDAY, MARCH 13, 2007

At ten o'clock in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Reverend Connie Moser of Ascutney Union Church, Ascutney.

Pledge of Allegiance

Page James Claremont II of Colchester led the House in the Pledge of Allegiance.

House Bills Introduced

Bills of the following titles were severally introduced.  Pending first reading of the bills, on motion of Rep. Komline of Dorset, the rules were suspended and the bills were read the first time by number and referred or placed on the Calendar as follows:

H. 510

By the committee on Government Operations,

An act relating to Vermont Life Magazine;

Under the rule, placed on the Calendar for notice tomorrow.

H. 511

By Reps. Allard of St. Albans Town, Donaghy of Poultney, Flory of Pittsford, Gilbert of Fairfax, Howrigan of Fairfield, Hube of Londonderry, Morley of Barton, O'Donnell of Vernon, Pillsbury of Brattleboro and Wright of Burlington,

An act relating to the control of rabid wildlife;

To the committee on Fish, Wildlife and Water Resources.

H. 512

By Rep. Jewett of Ripton,

An act relating to the Vermont Economic Development Authority;

To the committee on Commerce.

H. 513

By Rep. Jewett of Ripton,

An act relating to financing renewable energy and energy efficiency projects;

To the committee on Natural Resources and Energy.

H. 514

     By Reps. Koch of Barre Town, Clark of Vergennes, O’Donnell of Vernon, Baker of West Rutland, Brennan of Colchester, Devereux of Mount Holly, Donaghy of Poultney, Helm of Castleton, Howrigan of Fairfield, Larocque of Barnet, Larrabee of Danville, Livingston of Manchester, McAllister of Highgate, Morrissey of Bennington, Myers of Essex, Turner of Milton, Valliere of Barre City and Westman of Cambridge,

An act relating to education financing and property taxation;

To the committee on Education.

Senate Bills Referred

Senate bills of the following titles were severally taken up and referred as follows:

S. 6

Senate bill, entitled

An act relating to preventing conviction of innocent persons;

To the committee on Judiciary.

S. 7

Senate bill, entitled

An act relating to the compassionate use of marijuana for medical purposes;

To the committee on Human Services.

S. 77

Senate bill, entitled

An act relating to transferring title to a motor vehicle to a surviving spouse;

To the committee on Judiciary.

S. 78

Senate bill, entitled

An act relating to having the cost of picking up and hauling milk paid by the purchaser;

To the committee on Agriculture.

S. 93

Senate bill, entitled

An act relating to miscellaneous changes to education law;

To the committee on Education.

S. 124

Senate bill, entitled

An act relating to planning and evaluating operations for inpatient psychiatric hospital services;

To the committee on Human Services.

S. 133

Senate bill, entitled

An act relating to the operation of a motor vehicle by junior operators and primary safety belt enforcement;

To the committee on Judiciary.

Favorable Report; Third Reading Ordered

H. 72

Rep. Martin of Wolcott, for the committee on Government Operations, to which had been referred House bill, entitled

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

Reported in favor of its passage.  The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Action Postponed

H. 302

     The Senate proposed to the House to amend House bill, entitled

     An act relating to fiscal year 2007 budget adjustment;

     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.

Pending the question, Shall the House concur in the Senate proposal of amendment on motion of Rep. Heath of Westford, action on the bill was postponed until the next legislative day.

Joint Resolution Adopted in Concurrence

J.R.S. 20

Joint resolution, entitled

Joint resolution providing and relating to an extension of the date for the convening of a Joint Assembly to vote on the retention of Superior Judges and District Judges;

Was taken up read and adopted in concurrence.

Adjournment

At ten o’clock and forty-five minutes in the forenoon, on motion of Rep. Komline of Dorset, the House adjourned until tomorrow at one o’clock in the afternoon.

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us