Download this document in MS Word format


AutoFill Template

Journal of the House

________________

TUESDAY, MAY 1, 2007

Rep. Carolyn Partridge of Windham in Chair.

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

Devotional Exercises

Devotional exercises were conducted by Representative Alison Clarkson of Woodstock.

Pledge of Allegiance

Page Aaron Locke of Hartland led the House in the Pledge of Allegiance.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Kiersten Bourgeois, Secretary of Civil and Military Affairs, as follows:

Madam Speaker:

I am directed by the Governor to inform the House that on the twenty-seventh day of April, 2007, he approved and signed a bill originating in the House of the following title:

H. 528    An act relating to approval of amendment to the charter of the                                              City of Montpelier.

Message from the Senate No. 61

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

I am directed to inform the House that the Senate has considered House proposal of amendment to Senate bill of the following title:

S. 78.  An act relating to having the cost of picking up and hauling milk paid by the purchaser.

And has concurred therein with an amendment in the passage of which the concurrence of the House is requested.

The Senate has considered House proposals of amendment to Senate bills of the following titles:

S. 54.  An act relating to motor vehicles wreckers.

S. 91.  An act relating to the department of banking, insurance, securities and health care administration.

S. 173.  An act relating to the awarding of high school diplomas to veterans of the Vietnam era.

And has concurred therein.

The Senate has considered bills originating in the House of the following titles:

H. 48.  An act relating to approval of amendment to the charter of the city of South Burlington authorizing the imposition of a sales, rooms, meals and alcoholic beverage tax

H. 429.  An act relating to underground and aboveground storage tanks.

And has passed the same in concurrence.

The Senate has considered bills originating in the House of the following titles:

H. 78.  An act relating to reconsideration and rescission of votes in local elections.

H. 113.  An act relating to interim assistance to the dairy industry and the development of long-term goals for a viable agricultural sector.

H. 229.  An act relating to corrections and clarifications to the Health Care Affordability Act of 2006 and related legislation.

H. 518.  An act relating to all-age access for tobacco cessation programs.

H. 523.  An act relating to moving families out of poverty.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

Senate Bill Referred

S. 108

Senate bill, entitled

An act relating to the election of U.S. representative and U.S. senator by the instant runoff voting method;

Was taken up, read the first time and referred to the committee on Government Operations.

 

Bill Called Up; Rules Suspended; Senate Proposal of Amendment not concurred in and Committee of Conference Appointed; Rules Suspended and Bill Ordered Messaged to the Senate Forthwith

H. 296

Rep. Deen of Westminster called up House bill, entitled

An act relating to potable water supply and wastewater system permitting;

Which had been ordered to lie.  Thereupon, under the rule, the bill was ordered placed on the Calendar for action on the next legislative day.

Pending entrance of the bill on the Calendar for action, on motion of Rep. Adams of Hartland, the rules were suspended the bill was taken up for immediate consideration.

     Thereupon, the Senate proposal of amendment was considered and pending the question, Shall the House concur with the Senate proposal of amendment? Rep. Deen of Westminster moved the House refuse to concur and ask for a Committee of Conference, which was agreed to.

     The Speaker appointed as members of the Committee of Conference on the part of the House:

   Rep. Johnson of Canaan

   Rep. Deen of Westminster

               Rep. McCullough of Williston

     On motion of Rep. Adams of Hartland, the rules were suspended and the bill was ordered messaged to the Senate forthwith.

     Speaker Gaye Symington back in Chair.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 133

Rep. Grad of Moretown, for the committee on Judiciary, to which had been referred Senate bill, entitled

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

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  TITLE OF THE ACT

This act shall be known as and may be cited as the "Highway Traffic Safety Act of 2007."

* * * Legislative Findings * * *

Sec. 2.  LEGISLATIVE FINDINGS

The general assembly finds that:

* * * General Findings * * *

(1)  In December 2006, the governor transmitted to the Division Administrator of the Federal Highway Administration, the Strategic Highway Plan for Vermont that stated "The first half of 2006 was trending toward a near record-breaking year for highway deaths and incapacitating injuries."  In response to this trend, the Strategic Highway Fatality Plan for Vermont was created with the mission to "minimize the occurrence and severity of crashes, related human suffering, and economic losses on the Vermont transportation network."

(2)  In response to this increase, the commissioner of public safety held a law enforcement summit to develop collaborative strategies to combat these fatalities.

(3)  According to the governor's highway safety office, each highway fatality costs the state of Vermont more than $900,000.00.

(4)  In further recognition of the terrible toll in terms of human suffering, and financial loss resulting from motor vehicle crashes, on July 6, 2006, the Vermont department of health’s injury prevention program hosted the 2006 Symposium on Preventing Crashes Among Young Drivers at the Inn at Essex, Vermont.  The symposium brought together key leaders in highway safety, transportation, public health, and youth development for an in-depth,

multi-disciplinary exploration of crashes among young drivers and opportunities for prevention.

* * * Teen Driving Safety * * *

(1)  The Strategic Highway Safety Plan for Vermont of 2006, signed by the governor and endorsed by state agencies stated that “new language” should be added to the existing graduated driver license legislation to achieve:

(A)  Restrictions on passengers in cars driven by young drivers.

(B)  Nighttime limitations for young drivers.

(C)  Primary safety belt enforcement to the age of 18.

(D)  No cell phone use for junior operators. 

(2)  From a public health perspective, "Motor vehicle crashes are among the most serious problems facing teenagers (Anatomy of Crashes Involving Young Drivers-Preventing Teen Motor Crashes).  According to the National Center for Disease Control, highway injuries and deaths constitute the largest reason for  youth injuries and deaths, and therefore constitute a public health risk warranting remedial action.

(3)  According to the above sources, the 2002 cost of crashes involving drivers ages 20 through 25 was $40.8 billion.  (National Center for Injury Prevention and Control, 2006.)

(4)  A study conducted by the Insurance Institute for Highway Safety on junior operators demonstrated that a single passenger nearly doubled the risk of a fatal crash, and two or more passengers raise the risk five-fold for the junior operator.

(5)  Nighttime is one of the riskiest times of day for junior operators due to DUI, darkness, and sleep deprivation in teens.  Midnight to 2 a.m. is the most dangerous time.

* * * Cell Phones * * *

(1)  The National Highway Traffic Safety Administration policy on cell phones states "The primary responsibility of the driver is to operate a motor vehicle safely.  The task of driving requires full attention and focus.  Cell phone use can distract drivers from this task, risking harm to themselves and others.  Therefore, the safest course of action is to refrain from using a cell phone while driving."

(2)  Teens, driving, and cell phones are a dangerous mix due to teens' vulnerability to distractions and accidents. ("Teens, phones, cars, a bad mix", The Sunday Rutland Herald, June 26, 2005--Source--The National Transportation Safety Board.)

* * * Safety Belts * * *

(1)  States with primary enforcement average 10 percent higher usage than states with secondary enforcement.

(2)  A crash involving an unrestrained person costs 55 percent more than for someone who was restrained.

(3)  Approximately 74 percent of the costs associated with crashes are paid for by society, the victim pays the balance.

(4)  Drivers who do not wear safety belts are also most likely to engage in risky driving behavior, such as speeding or drinking and driving.

(5)  Traffic crashes are a health care issue, not an enforcement issue.  As Dr. Eliot Nelson, pediatrician at Vermont's Children’s Hospital and professor at the UVM school of medicine said "By passing primary (enforcement), the legislature can save more lives with one stroke of the pen than I can in a lifetime of practice."

* * * Stickers Indicating Operation by Junior Operators * * *

Sec. 3.  23 V.S.A. § 607(d) is added to read:

(d)  The department of motor vehicles shall issue removable stickers which shall be affixed to the interior rear window of all vehicles when operated by a junior operator.  The sticker shall indicate that the vehicle is being operated by a junior operator. 

* * * Junior Operator Curfew * * *

Sec. 4.  23 V.S.A. § 614(c) is added to read:

(c)  A person operating with a junior operator’s license shall not operate a motor vehicle between midnight and 5:00 a.m. except when the operator is traveling on a direct route between work and home, or traveling for a school‑related activity.

* * * Operation After Recall Is a Civil Violation * * *

Sec. 5.  23 V.S.A. § 676 is amended to read:

§ 676.  OPERATION AFTER SUSPENSION, REVOCATION, OR

            REFUSAL, OR RECALL - CIVIL VIOLATION

(a)  A person whose license or privilege to operate a motor vehicle has been revoked, suspended or, refused, or recalled by the commissioner of motor vehicles for any reason other than a violation of sections 1091(b), 1094(b), 1128(b) or (c), or 1201 or a suspension under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a public highway before the license or privilege of the person to operate a motor vehicle has been reinstated by the commissioner commits a civil traffic violation.

(b)  In establishing a prima facie case against a person accused of violating this section, the judicial bureau shall accept as evidence, a printout attested to by the law enforcement officer as the person’s motor vehicle record showing convictions and resulting license suspensions.  The admitted motor vehicle record shall establish a permissive inference that the person was under suspension or had his or her license revoked or recalled on the dates and time periods set forth in the record.  The judicial bureau shall not require a certified copy of the person’s motor vehicle record from the department of motor vehicles to establish the permissive inference.

* * * Restriction on the Use of Cellular Telephones * * *

Sec. 6.  23 V.S.A. § 1095a is added to read:

§ 1095a.  WIRELESS TELEPHONE USE

(a)  A person operating a motor vehicle with a learner permit under the provisions of section 617 of this title or with a junior operator license under the provisions of section 607 of this title shall not use any wireless telephone or hand-held electronic device while operating on the traveled portion of the highway.

(b)  A person operating a motor vehicle with a valid license shall be prohibited from using any wireless telephone or hand-held electronic communication device while operating on the traveled portion of the highway.

(c)  The prohibition in subsection (b) of this section shall not apply to hands-free operation of a telephone.  The prohibitions in subsections (a) and (b) of this section shall not apply if it is necessary to place an emergency 911 call.  As used in this subsection, "hands-free" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

* * * Primary Enforcement of Safety Belt Law * * *

Sec. 7.  REPEAL

23 V.S.A. § 1259(e) (secondary enforcement of safety belt law) is repealed.

Sec. 8.  ACCEPTANCE OF FEDERAL FUNDS

The state is authorized to accept any additional funding available from the federal government attributable to the passage of this act.

Sec. 9.  EFFECTIVE DATE

This act shall take effect on June 30, 2007.

The bill, having appeared on the Calendar one day for notice, was taken up, and read the second time.

Thereupon, Rep. Grad of Moretown asked and was granted leave of the House to withdraw the report of the committee on Judiciary.

Pending the question, shall the bill be read the third time? Rep. Lippert of Hinesburg moved to propose to the Senate to amend the bill as follows:

     By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  TITLE OF THE ACT

This act shall be known as and may be cited as the “Highway Traffic Safety Act of 2007.”

* * * Legislative Findings * * *

Sec. 2.  LEGISLATIVE FINDINGS

The general assembly finds that:

* * * General Findings * * *

(1)  In December 2006, the governor transmitted to the Division Administrator of the Federal Highway Administration the Strategic Highway Plan for Vermont that stated “The first half of 2006 was trending toward a near record‑breaking year for highway deaths and incapacitating injuries.”  In response to this trend, the Strategic Highway Fatality Plan for Vermont was created with the mission to “minimize the occurrence and severity of crashes, related human suffering, and economic losses on the Vermont transportation network.”

(2)  In response to this increase, the commissioner of public safety held a law enforcement summit to develop collaborative strategies to combat these fatalities.

(3)  According to the governor’s highway safety office, each highway fatality costs the state of Vermont more than $900,000.00.

(4)  In further recognition of the terrible toll in terms of human suffering, and financial loss resulting from motor vehicle crashes, on July 6, 2006, the Vermont department of health’s injury prevention program hosted the 2006 Symposium on Preventing Crashes Among Young Drivers at the Inn at Essex, Vermont.  The symposium brought together key leaders in highway safety, transportation, public health, and youth development for an in‑depth,

multidisciplinary exploration of crashes among young drivers and opportunities for prevention.

* * * Teen Driving Safety * * *

(1)  The Strategic Highway Safety Plan for Vermont of 2006, signed by the governor and endorsed by state agencies, stated that “new language” should be added to the existing graduated driver license legislation to achieve:

(A)  Restrictions on passengers in cars driven by young drivers.

(B)  Nighttime limitations for young drivers.

(C)  Primary safety belt enforcement to the age of 18.

(D)  No cell phone use for junior operators. 

(2)  From a public health perspective, “Motor vehicle crashes are among the most serious problems facing teenagers (Anatomy of Crashes Involving Young Drivers‑Preventing Teen Motor Crashes).”  According to the Centers for Disease Control, highway injuries and deaths constitute the largest reason for youth injuries and deaths, and therefore constitute a public health risk warranting remedial action.

(3)  According to the above sources, the 2002 cost of crashes involving drivers ages 20 through 25 was $40.8 billion.  (National Center for Injury Prevention and Control, 2006.)

(4)  A study conducted by the Insurance Institute for Highway Safety on junior operators demonstrated that a single passenger nearly doubled the risk of a fatal crash, and two or more passengers raise the risk fivefold for the junior operator.

(5)  Nighttime is one of the riskiest times of day for junior operators due to DUI, darkness, and sleep deprivation in teens.  Midnight to 2 a.m. is the most dangerous time.

* * * Cell Phones * * *

(1)  The National Highway Traffic Safety Administration policy on cell phones states “The primary responsibility of the driver is to operate a motor vehicle safely.  The task of driving requires full attention and focus.  Cell phone use can distract drivers from this task, risking harm to themselves and others.  Therefore, the safest course of action is to refrain from using a cell phone while driving.”

(2)  Teens, driving, and cell phones are a dangerous mix due to teens’ vulnerability to distractions and accidents.  (“Teens, phones, cars, a bad mix,” The Sunday Rutland Herald, June 26, 2005—Source—The National Transportation Safety Board.)

* * * Safety Belts * * *

(1)  States with primary enforcement average 10 percent higher usage than states with secondary enforcement.

(2)  A crash involving an unrestrained person costs 55 percent more than for someone who was restrained.

(3)  Approximately 74 percent of the costs associated with crashes are paid for by society; the victim pays the balance.

(4)  Drivers who do not wear safety belts are also most likely to engage in risky driving behavior, such as speeding or drinking and driving.

(5)  Traffic crashes are a health care issue, not an enforcement issue.  As Dr. Eliot Nelson, pediatrician at Vermont’s Children’s Hospital and professor at the UVM school of medicine said, “By passing primary (enforcement), the legislature can save more lives with one stroke of the pen than I can in a lifetime of practice.”

* * * Operation After Recall Is a Civil Violation * * *

Sec. 3.  23 V.S.A. § 676 is amended to read:

§ 676.  OPERATION AFTER SUSPENSION, REVOCATION, OR
REFUSAL, OR RECALL ‑ CIVIL VIOLATION

(a)  A person whose license or privilege to operate a motor vehicle has been revoked, suspended or, refused, or recalled by the commissioner of motor vehicles for any reason other than a violation of sections 1091(b), 1094(b), 1128(b) or (c), or 1201 or a suspension under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a public highway before the license or privilege of the person to operate a motor vehicle has been reinstated by the commissioner commits a civil traffic violation.

(b)  In establishing a prima facie case against a person accused of violating this section, the judicial bureau shall accept as evidence, a printout attested to by the law enforcement officer as the person’s motor vehicle record showing convictions and resulting license suspensions.  The admitted motor vehicle record shall establish a permissive inference that the person was under suspension or had his or her license revoked or recalled on the dates and time periods set forth in the record.  The judicial bureau shall not require a certified copy of the person’s motor vehicle record from the department of motor vehicles to establish the permissive inference.

* * * Junior Operator Night‑Time Restriction * * *

Sec. 4.  23 V.S.A. § 614(c) is added to read:

(c)  A person operating with a junior operator’s license shall not operate a motor vehicle between midnight and 5:00 a.m. except when the operator is traveling on a direct route between work and home, or traveling for a school‑related activity.

 

* * * Safety Restriction on the Use of Cellular Telephones and Hand‑Held Electronic Devices by Junior Operators * * *

Sec. 5.  23 V.S.A. § 1095a is added to read:

§ 1095a.  WIRELESS TELEPHONE USE; HAND‑HELD ELECTRONIC
    DEVICES; LEARNERS AND JUNIOR OPERATORS

A person operating a motor vehicle with a learner permit under the provisions of section 617 of this title or with a junior operator license under the provisions of section 607 of this title shall not use any wireless telephone or hand‑held electronic device while operating on the traveled portion of the highway.  This prohibition shall not apply if it is necessary to place an emergency 911 call.

* * * Use of Cellular Telephones and other Electronic Devices by A Person Operating a Vehicle with an Operators License * * *

Sec. 6.  23 V.S.A. § 1095b is added to read:

§ 1095b.  USE OF HANDS‑FREE WIRELESS TELEPHONES AND
    ELECTRONIC DEVICES BY A PERSON WITH AN
    OPERATORS LICENSE

(a)  A person operating a motor vehicle with a valid operators license shall be restricted to using only a hands‑free wireless telephone or hands‑free electronic communication device while operating on the traveled portion of the highway.  This prohibition shall not apply if it is necessary to place an emergency 911 call.

(b)  As used in this section, “hands‑free” means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

* * * Primary Enforcement of Safety Belt Law; Federal Funds * * *

Sec. 7.  REPEAL; ACCEPTANCE OF FEDERAL FUNDS

(a)  23 V.S.A. § 1259(e) (secondary enforcement of safety belt law) is repealed.

(b)  The state is authorized to accept any additional funding available from the federal government attributable to the passage of this section.

Sec. 8.  EFFECTIVE DATES

(a)  This section and Secs. 1, 2, and 3 of this act shall take effect from passage.

(b)  Sec. 7 shall take effect on June 30, 2007.

(c)  Secs. 4, 5, and 6 shall take effect on September 1, 2007.

Thereupon, Rep. Lippert of Hinesburg asked that the question be divided and that the House vote on the sections in the following order:  1st, Sec. 7; 2nd, Sec. 5; 3rd, Sec. 6; 4th, Sec. 4; 5th, Secs. 1-3 and Sec. 8.

Pending the question, Shall the House propose to the Senate to amend the bill as offered by Rep. Lippert of Hinesburg in the first instance? Rep. Otterman of Topsham demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the House propose to the Senate to amend the bill as offered by Rep. Lippert of Hinesburg in the first instance?  was decided in the affirmative. Yeas, 96.  Nays, 47.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Clerkin of Hartford

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Deen of Westminster

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

Flory of Pittsford

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Hunt of Essex

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Kupersmith of S. Burlington

Larson of Burlington

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

McFaun of Barre Town

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Ojibway of Hartford

Oxholm of Vergennes

Partridge of Windham

Pellett of Chester

Peltz of Woodbury

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Shand of Weathersfield

Smith of Morristown

Spengler of Colchester

Sweaney of Windsor

Trombley of Grand Isle

Turner of Milton

Weston of Burlington

Wright of Burlington


Those who voted in the negative are:


Ainsworth of Royalton

Allard of St. Albans Town

Atkins of Winooski

Baker of West Rutland

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Condon of Colchester

Corcoran of Bennington

Davis of Washington

Fitzgerald of St. Albans City

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Kilmartin of Newport City

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

Monti of Barre City

Morley of Barton

Morrissey of Bennington

Obuchowski of Rockingham

O'Donnell of Vernon

Otterman of Topsham

Pearson of Burlington

Peaslee of Guildhall

Perry of Richford

Rodgers of Glover

Scheuermann of Stowe

Sharpe of Bristol

Shaw of Derby

Stevens of Shoreham

Sunderland of Rutland Town

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Zenie of Colchester

Zuckerman of Burlington


Those members absent with leave of the House and not voting are:


Clark of Vergennes

Errecart of Shelburne

Fallar of Tinmouth

Hutchinson of Randolph

Orr of Charlotte

Pillsbury of Brattleboro


 

     Rep. Davis of Washington explained her vote as follows:

“Madam Speaker,

     I do not debate the value of using or not using a seat belt, nor do I oppose the voluntary use of seat belts.

     My main purpose is to oppose seat belt laws and to speak out to protect our Constitutional rights to freely choose our own individual personal safety and life style decisions without government intrusion. Such laws infringe on a person's rights as guaranteed in the Fourth, Fifth and Ninth Amendments and the Civil Rights section of the Fourteenth Amendment. The U.S. Supreme court ruling of a case in 2002 clearly proves that each person has a right to make his or her own healthcare decisions even if such is hazardous to one's health AND even if such decision will increase medical expenses.

     With primary enforcement of a seat belt law, your vehicle can be stopped at anytime, night or day, by police under suspicion that a seat belt is not being used. And even if the officer is mistaken, he or she can begin routine interrogation and visual checks of the inside of the vehicle, all without the right of legal council. Primary enforcement also encourages random roadblocks. non-use of seatbelts is a state created crime and seat belt laws are an unwarranted intrusion by government into the personal lives of citizens.

     I have heard from several of the folks in my district urging me to vote "no" on any primary seatbelt law, as they feel it is a further erosion of their freedoms. Madame Speaker I could not support this section of the bill.”

     Thereupon, the recommendation of proposal of amendment offered by Rep. Lippert of Hinesburg in the second instance was agreed to.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Lippert in the third instance? Rep. Otterman of Topsham demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Lippert in the third instance?  was decided in the agreed to.  Yeas, 107.  Nays, 38.

Those who voted in the affirmative are:


Acinapura of Brandon

Ainsworth of Royalton

Allard of St. Albans Town

Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Deen of Westminster

Devereux of Mount Holly

Donaghy of Poultney

Donovan of Burlington

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fitzgerald of St. Albans City

Flory of Pittsford

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hunt of Essex

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kilmartin of Newport City

Kitzmiller of Montpelier

Klein of East Montpelier

Koch of Barre Town

Krawczyk of Bennington

Kupersmith of S. Burlington

Larson of Burlington

Lawrence of Lyndon

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Livingston of Manchester

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marcotte of Coventry

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

McFaun of Barre Town

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Moran of Wardsboro

Morrissey of Bennington

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Orr of Charlotte

Oxholm of Vergennes

Partridge of Windham

Pellett of Chester

Peltz of Woodbury

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Shand of Weathersfield

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Turner of Milton

Wheeler of Derby

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Adams of Hartland

Baker of West Rutland

Brennan of Colchester

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Clerkin of Hartford

Corcoran of Bennington

Davis of Washington

Donahue of Northfield

Dostis of Waterbury

Fisher of Lincoln

Helm of Castleton

Hube of Londonderry

Hudson of Lyndon

Johnson of Canaan

Komline of Dorset

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lorber of Burlington

McAllister of Highgate

Monti of Barre City

Mook of Bennington

Morley of Barton

Otterman of Topsham

Pearson of Burlington

Peaslee of Guildhall

Perry of Richford

Rodgers of Glover

Scheuermann of Stowe

Sharpe of Bristol

Shaw of Derby

Sunderland of Rutland Town

Valliere of Barre City

Westman of Cambridge

Weston of Burlington

Winters of Williamstown


Those members absent with leave of the House and not voting are:


Errecart of Shelburne

Fallar of Tinmouth

Hutchinson of Randolph

Pillsbury of Brattleboro


 

     Rep. Perry of Richford explained his vote as follows:

“Madam Speaker:

     This provision of motor vehicle law, like many others, is not necessary: it is not likely to be enforced in a consistent or fair manner.”

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Rep. Lippert of Hinesburg in the fourth instance? Rep. LaVoie of Swanton demanded the Yeas and Nays, which demand was sustained by the Constitutional number. 

Thereupon, Rep. LaVoie of Swanton asked and was granted leave of the House to withdraw her request for a roll call vote.

Thereupon, the recommendation of proposal of amendment offered by Rep. Lippert of Hinesburg in the fourth instance was agreed to on a Division vote.  Yeas, 81.  Nays, 44.

Thereupon, Secs. 1-3 and Sec. 8 was agreed to and third reading ordered.

Third Reading; Bills Passed

House bills of the following titles were severally taken up, read the third time and passed:

H. 330

House bill, entitled

     An act relating to repeal of the law relating to municipal trailer park ordinances.

H. 542

     House bill, entitled

 

     An act relating to approval of amendment to the charter of the city of Vergennes.

Third Reading; Bills Passed in Concurrence

With Proposal of Amendment

Bills of the following titles were taken up, read the third time and passed in concurrence with proposals of amendment.

S.  6

     Senate bill, entitled

An act relating to preventing conviction of innocent persons.

S. 137

     Senate bill, entitled

An act relating to reducing the amount of phosphorus allowed in household cleansing products used in dishwashers.

Third Reading; Bills Passed in Concurrence

Bills of the following titles were taken up, read the third time and passed in concurrence.

S. 52

     Senate bill, entitled

An act relating to motor vehicles, snowmobiles, motorboats, and all-terrain vehicles.

S. 128

     Senate bill, entitled

An act relating to certain sunsets on forensic examinations at designated hospitals.

Bills Messaged to Senate Forthwith

On motion of Rep. Adams of Hartland, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

H. 330

House bill, entitled

     An act relating to repeal of the law relating to municipal trailer park ordinances;

H. 542

     House bill, entitled

 

     An act relating to approval of amendment to the charter of the city of Vergennes;

S.  6

     Senate bill, entitled

An act relating to preventing conviction of innocent persons.

S. 52

     Senate bill, entitled

An act relating to motor vehicles, snowmobiles, motorboats, and all-terrain vehicles;

S. 128

     Senate bill, entitled

An act relating to certain sunsets on forensic examinations at designated hospitals;

S. 137

     Senate bill, entitled

An act relating to reducing the amount of phosphorus allowed in household cleansing products used in dishwashers.

Recess

At twelve o’clock and fifty-five minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At three o’clock and fifty minutes in the afternoon, the Speaker called the House to order.

 

Message from the Senate No. 62

     A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Madam Speaker:

     I am directed to inform the House that the Senate has considered bills originating in the House of the following titles:

H.  521.  An act relating to miscellaneous substantive tax amendments.

H. 537.  An act relating to making appropriations for the support of government.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

Rules Suspended; Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

H. 521

     House bill, entitled

     An act relating to miscellaneous substantive tax amendments;

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland,  the rules were suspended and the bill was taken up for immediate consideration.

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

First:  By adding a Sec. 10 to read:

Sec. 10.  32 V.S.A. § 3481(1) is amended to read:

(1)  “Appraisal value” shall mean, with respect to property enrolled in a use value appraisal program, the use value appraisal as defined in subdivision 3752(12) of this title, multiplied by the common level of appraisal, and with respect to all other property, the estimated fair market value.  The estimated fair market value of a property is the price which the property will bring in the market when offered for sale and purchased by another, taking into consideration all the elements of the availability of the property, its use both potential and prospective, any functional deficiencies, and all other elements such as age and condition which combine to give property a market value. Those elements shall include a consideration of a decrease in value in non‑rental residential property due to a housing subsidy covenant as defined in section 610 of Title 27, or the effect of any state or local law or regulation affecting the use of land, including but not limited to chapter 151 of Title 10 or any land capability plan established in furtherance or implementation thereof, rules adopted by the state board of health and any local or regional zoning ordinances or development plans.  In determining estimated fair market value, the sale price of the property in question is one element to consider, but is not solely determinative.

For residential rental property that is subject to a housing subsidy covenant or other legal restriction, imposed by a governmental, quasi‑governmental, or public purpose entity, on rents that may be charged, fair market value shall be determined by an income approach using the following elements:

(A)  market rents with utility allowance adjustments for the geographic area in which the property is located as determined by the federal office of Housing and Urban Development or in the case of properties authorized under 42 U.S.C. § 1437, 12 U.S.C. § 1701q, 42 U.S.C. § 1485, 12 U.S.C. § 1715z‑1, 42 U.S.C. § 1437f, and 24 CFR Part 882 Subpart D and E, the higher of contract rents (meaning the amount of federal rental assistance plus any tenant contribution) and HUD market rents;

(B)  actual expenses incurred with respect to the property as which shall be provided by the property owner in a format acceptable to the commissioner and certified by an independent third party, such as a certified public accounting firm or public or quasi‑public funding agency;

(C)  a vacancy rate that is 50 percent of the market vacancy rate as determined by the United States Census Bureau with local review by the Vermont housing finance agency; and

(D)  a capitalization rate that is typical for the geographic area determined and published annually prior to April 1 by the division of property valuation and review after consultation with the Vermont housing finance agency.

Second:  By adding a Sec. 11 to read:

Sec. 11.  EXTENSION OF GRANDFATHERED EDUCATION PROPERTY TAX EXEMPTIONS FROM 1997

      Property tax exemptions authorized before July 1, 1997, under a municipal tax stabilization agreement, charter provision or vote of a municipality, still in effect on June 30, 2007, and qualified as exemptions affecting the education property tax grand list under 32 V.S.A. § 5404a(a), shall continue to affect the education property tax grand list under that section through June 30, 2008.

Third:  By adding Secs. 12 through 22 to read:

Sec. 12.  32 V.S.A. § 5404a(b) is amended to read:

(b)  An agreement affecting the education property tax grand list defined under subsection (a) of this section shall reduce the municipality’s education property tax liability under this chapter for the duration of the agreement or exemption without extension or renewal, and for a maximum of ten years, subject to the provisions of subsection 5930b(f) of this title. A municipality’s property tax liability under this chapter shall be reduced by any difference between the amount of the education property taxes collected on the subject property and the amount of education property taxes that would have been collected on such property if its fair market value were taxed at the equalized nonresidential rate for the tax year.

Sec. 13.  32 V.S.A. § 5404a(e) is amended to read:

(e)  Allocations.  A municipality on behalf of a person may apply to the Vermont economic progress council for an allocation of the education grand list value for up to ten years, of a portion of the increase in the value and liability assessed under section 5402 of this title on new economic development that is subsequently approved by the Vermont economic progress council pursuant to this section and subsections 5930a(c) and (d) of this title. The allocation may be awarded for up to ten years, subject to the provisions of subsection § 5930b(f) of this title.  Allocation to a municipality pursuant to this subsection shall be in addition to any other payments to the municipality under chapter 133 of Title 16.  If allocated, the allocated portion of the education fund liability shall be used by the municipality for infrastructure that includes wastewater treatment, water supply, transportation, and telecommunications and utility connections.

Sec. 14.  32 V.S.A. § 5930a(b) is amended to read:

(b)  The Vermont economic progress council, within 60 days of receipt of a complete application, shall approve or deny the following economic incentives:

(1)  tax stabilization agreements and exemptions under subdivision 5404a(a)(2) of this title;

(2)  applications for allocation to municipalities of a portion of education grand list value and municipal liability from new economic development under subsection 5404a(e) of this title; and

(3)  the Vermont employment growth incentives (VEGI) under section 5930b of this title.

(4)  the tax increment financing (TIF) district program as established in section 5404a of this title.

All incentives are subject to application of the incentive ratio as determined under section 5930b(b)(3) of this title and no tax stabilization agreement, exemption or allocation shall be approved except in conjunction with the approval of an incentive under subdivision (3) of this subsection.

Sec. 15.  32 V.S.A. § 5930a(d) is amended to read:

(d)  The council shall apply the cost‑benefit model in reviewing applications under subdivisions (b)(1), (2), and (3) of this section to determine the net fiscal benefit to the state.  The cost‑benefit model shall be a uniform and comprehensive methodology for assessing and measuring the projected net fiscal benefit or cost to the state of proposed economic development activities over the five‑year award period.  Any modification of the cost‑benefit model shall be subject to the approval of the joint fiscal committee.  The cost‑benefit analysis shall include consideration of the effect of the passage of time and inflation on the value of multi‑year fiscal benefits and costs.

(1)  In determining the projected net fiscal benefit or cost of the incentives considered under subdivisions (b)(1) and (2) of this section, the council shall calculate the net present value of the enhanced or forgone statewide education tax revenues, reflecting both direct and indirect economic activity.  If the council approves an incentive pursuant to this section, the net fiscal costs, if any, to the state shall be counted as if all those costs occurred in the year in which the council first approved the incentive and that cost shall reduce the amount of the annual authorization for such approvals established by the legislature for the applicable calendar year.

(2)  In determining the projected net fiscal benefit or cost of the incentives considered under subdivision (b)(3) of this section, the council shall calculate the net present value of the enhanced or forgone state tax revenues attributable to the incentives, reflecting both direct and indirect economic activity over the five‑year award period.  If the council approves an incentive, the net fiscal costs, if any, to the state shall be counted as if all of those costs occurred in the year in which the council first approved the incentive and that cost shall reduce the amount of the council's annual authorization for approval of economic incentives as established by the legislature for the applicable calendar year.

Sec. 16.  REPEAL

32 V.S.A. § 5930b(a)(12) (definition of “incremental payroll”) is repealed.

Sec. 17.  32 V.S.A. § 5930b(a)(16) is amended to read:

(16)  “Payroll target” means the projected qualifying payroll Vermont gross wages and salaries for qualifying jobs in an award period year as reported on the Vermont employment growth incentive application.

Sec. 18.  32 V.S.A. § 5930b(a)(17) is amended to read:

(17)  “Payroll threshold” means base payroll or application base payroll (if year 1), plus expected average industry payroll growth as determined by the cost‑benefit model.

Sec. 19.  32 V.S.A. § 5930b(a)(21) is amended to read:

(21)  “Qualifying payroll” means actual annualized Vermont gross wages and salaries paid for qualifying jobs created in or carried forward to a utilization period the award period year, provided incremental payroll in that year equals or exceeds such gross wages that:

(A)  award period year base payroll; minus

(B)  Vermont gross wages and salaries paid for new qualifying jobs created in or carried forward to the award period year; equals or exceeds

(C)  prior‑year base payroll minus any carry‑forward of qualifying payroll under subdivision (c)(4) of this section, plus award‑year payroll threshold.

Sec. 20. 32 V.S.A. § 5930b(c) is amended to read:

(c)  Claiming an employment growth incentive.

(1)  A business whose application is approved and, in any year during the award period, meets or exceeds its payroll target and either its jobs or capital investment target may file an annual return claiming incentives pursuant to this section.  Upon approval by the department of taxes, incentive payments will be issued by the department of taxes calculated for each of the five award period years in equal annual installments.  The department of taxes will disburse the incentives over consecutive five‑year periods, beginning with each award period year, provided that the incentive‑triggering award period year payroll and job targets are maintained in each utilization period year for which an installment is claimed.

(2)  Incentives shall be calculated and disbursed as follows:  Qualifying payroll for the utilization award period year, not to exceed the payroll target or targets reduced by the payroll threshold for the incentive‑triggering award period year or years shall be multiplied by the incentive percentage.   Up to one‑fifth of the total incentive amount shall be disbursed in the first of five consecutive utilization period years, to the extent the full amount of qualifying payroll was actually paid in that year.  A full one‑fifth of the total incentive amount shall be disbursed in each of the remaining four consecutive utilization period years, provided that incentive‑triggering targets are maintained.

***

(4)  Qualifying jobs, qualifying capital investment, and qualifying payroll in excess of the jobs, capital investment, and payroll targets for an award year shall be carried forward and counted toward future award period year targets, provided such excess jobs, investment and payroll are maintained.

(5)  A business whose application is approved and, in the first award period year, fails to meet or exceed its payroll target and one out of two of its jobs and capital investment targets shall forfeit all authority to earn and claim incentives under this section.  The department of taxes shall notify the Vermont economic progress council that the first year award period targets have not been met, and the council shall rescind the incentive authorization in its entirety. A business whose incentive authorization is rescinded for failure to meet first‑year award period targets may reapply to the Vermont economic progress council for a new authorization pursuant to this section.

* * *

Sec. 21. 32 V.S.A. § 5930b(f) is added to read:

(f)  The property of a business whose authority to earn, apply or retain incentives under this section has been revoked is ineligible for property tax stabilization under subdivision 5404a(a)(2) of this title or allocation of property tax value under subsection 5404a(e) of this title for any education property tax grand list after the date of revocation.

Sec. 22.  EFFECTIVE DATE

Secs. 12 through 21 (Vermont Employment Growth Incentive technical amendments conforming to Act 184) of this act shall apply to claims filed in 2007 and after.

Fourth:  By adding a Sec. 23 to read:

Sec. 23.  32 V.S.A. § 5930ee is amended to read:

§ 5930ee.  LIMITATIONS

Beginning in fiscal year 2007 2008 and thereafter, the state board may award tax credits to all qualified applicants under this subchapter, provided that:

(1)  The total amount of tax credits awarded annually, together with sales tax reallocated under section 9819 of this title, does not exceed $1,500,000.00  $1,600,000.00.

* * *

Fifth:  By adding Secs. 24 and 25 to read:

Sec. 24.  32 V.S.A. § 6066a(g) is added to read:

(g)  Upon transfer of a residence, the parties' proration of current‑year taxes shall be based upon the adjusted property tax, unless the parties otherwise agree.  No reimbursement by the transferee to the transferor for any property tax adjustment in the property tax year following the transfer shall be required unless the parties otherwise agree.

Sec. 25.  REPEAL

     32 V.S.A. § 6066(f) (proration of taxes shall be based upon the unadjusted property tax) is repealed as of January 1, 2007.

Sixth:  By striking Sec. 7 and inserting a new Sec. 7 to read:

Sec. 7.  32 V.S.A. § 9741(29) is amended to read:

(29)  Aircraft, including depreciable parts, machinery and equipment to be installed as a capital asset in such aircraft, sold to a person which holds itself out to the general public as engaging in air commerce, for use primarily in the carriage of persons or property for compensation or hire; and parts, machinery, and equipment to be installed in an aircraft.

Seventh:  By adding a Sec. 25 to read:

Sec. 25.  32 V.S.A. § 10002(o) is added to read:

      (o)  Also excluded from the definition of land is the land sold to an organization that qualifies under Section 501(c)(3) of the Internal Revenue Code and also meets the “public support” test of Section 509(a)(2) of the Code, if one of the stated purposes of the organization is to provide affordable housing and if the land is sold by the organization within 12 months of the transfer to the organization to a buyer in a transfer which meets all the requirements of subsection (b) of this section. 

(1)  If the organization fails to transfer the land within 12 months, or transfers it within 12 months but not to a buyer for occupancy as the buyer's principal residence,  then the organization shall become liable for the land gains tax due on the original transfer of the land to the organization and for the land gains tax on the transfer by the organization; and

(2)  If the organization transfers the land within 12 months, but at the time of the transfer by the organization there is no dwelling on the land completed and fit for occupancy, and the buyer fails to complete and occupy a principal residence on the land within two years of purchase from the organization, then the organization shall become liable for the land gains tax due on the original transfer of the land to the organization, and the buyer who purchased the land from the organization shall become liable for the land gains tax due on the transfer from the organization to the buyer.

Eighth:  By adding Secs. 27 and 28 to read:

Sec. 27.  24 V.S.A. § 138(a) and (d) are amended to read:

(a)  Local option taxes are authorized under this section for the purpose of affording municipalities an alternative method of raising municipal revenues to facilitate the transition and reduce the dislocations in those municipalities that may be caused by reforms to the method of financing public education under the Equal Educational Opportunity Act of 1997.  Accordingly:

(1)  the local option taxes authorized under this section may be imposed by a municipality; and

(2)  if a municipality opting opts to impose a local option tax may do so prior to July 1, 1998 to be effective beginning January 1, 1999, and anytime after December 1, 1998 a, the local option tax shall be effective beginning on the next tax quarter following 90 days' notice to the department of taxes of the imposition; and

(3)  a local option tax may only be adopted by a municipality in which:

(A)  the education property tax rate in 1997 was less than $1.10 per $100.00 of equalized education property value; or

(B)  the equalized grand list value of personal property, business machinery, inventory, and equipment is at least ten percent of the equalized education grand list as reported in the 1998 Annual Report of the Division of Property Valuation and Review; or

(C)  the combined education tax rate of the municipality will increase by 20 percent or more in fiscal year 1999 or in fiscal year 2000 over the rate of the combined education property tax in the previous fiscal year.

(d)  Of the taxes Taxes collected under this section, shall be paid as follows:

(1)  70 percent of the taxes shall be paid on a quarterly basis to the municipality in which they were collected, after reduction for the costs of administration and collection under subsection (c) of this section.  Revenues received by a municipality may be expended for municipal services only, and not for education expenditures.  Any remaining revenue shall be deposited into the PILOT special fund established by 32 V.S.A. § 3709.

(2)  The first $2.5 million of any remaining revenue shall be deposited into the PILOT special fund established by 32 V.S.A. § 3709.

(3)  Any then‑remaining revenue shall be deposited 50 percent into the PILOT special fund established by 32 V.S.A. § 3709; and 50 percent shall go to the agency of transportation for state aid to town highways, which amount shall be in addition to the appropriations required by 19 V.S.A. § 306, and which shall be distributed to towns in accordance with 19 V.S.A. § 306(a).

Sec. 28.  EFFECTIVE DATE

Sec. 27 of this act (local option tax authority expanded to all towns) shall take effect upon passage, except the amendments to 24 V.S.A. § 138(d) shall apply to local option revenue payments beginning with the first quarterly payment in calendar year 2008.

Ninth:   By adding Secs. 29 through 38 to read:

Sec. 29.  24 V.S.A. § 1891 is amended to read:

§ 1891.  DEFINITIONS

When used in this subchapter:

* * *

(6)  “Related costs” means expenses, exclusive of the actual cost of constructing and financing improvements, as defined in subdivision 1751(3) of this title, that are directly related to creation of the tax increment financing district and reimbursement of sums previously advanced by the municipality for those purposes, and attaining necessary to attain the purposes and goals for which the tax increment financing district was created, as approved by the Vermont economic progress council.  As used in this subdivision, related costs are “improvements” as defined in subdivision 1751(3) of this title.

(7)  “Financing” means any type of indebtedness incurred or financial vehicles used by a municipality to pay for improvements in a tax increment financing district.

Sec. 30.  24 V.S.A. § 1893 is amended to read:

§ 1893.  PURPOSE

The purpose of tax increment financing districts is to provide revenues for improvements, located wholly or partly within that serve the district and related costs, which will stimulate development or redevelopment within the district, provide for employment opportunities, improve and broaden the tax base, or and enhance the general economic vitality of the municipality, the region, or and the state.

Sec. 31.  24 V.S.A. § 1894 is amended to read:

§ 1894.  POWER AND LIFE OF DISTRICT

(a)  The municipality may incur indebtedness against revenues of the tax increment financing districts for a period of up to 20 years following the creation of the district.  The 20‑year borrowing period of the district shall commence at 12:01 a.m. on April 1 of the year so voted.  Any indebtedness incurred during the borrowing period may be retired over any period authorized by the legislative body of the municipality under section 1898 of this title.  The district shall continue until the date and hour the indebtedness is retired.

(b)  Notwithstanding subsection (a) of this section, any district created to use education tax increment financing  A municipality that has created a tax increment financing district approved under 32 V.S.A. § 5404a(f) may:

(1)  Incur indebtedness for improvements for the district for a period of up to 20 years, provided that the first indebtedness is incurred within five years following approval of the district pursuant to 32 V.S.A. § 5404a(f), and such that the 20 years for incurring indebtedness begins at the time of initial indebtedness.  Prior to requesting municipal approval to secure financing, the municipality shall provide the council with the proposed financing for approval to assure its consistency with the plan approved pursuant to 32 V.S.A. § 5404a(h).  The council shall also assure the viability and reasonableness of any proposed financing other than bonding and least‑cost financing.  A municipality that has not incurred indebtedness within five years following the creation of the district, shall request reapproval from the Vermont economic progress council in order to utilize education tax increment financing following that period.

(2)  The education tax increment may be retained for a 20‑year period,  provided that the 20‑year period commences within five years following approval of the district pursuant to 32 V.S.A. § 5404a(f).  The retention period shall commence at 12:01 a.m. April 1 of the year following the municipality’s notice to the tax department and the Vermont economic progress council.  If a municipality fails to incur debt within the five‑year period but retains the education tax increment, the municipality shall repay the increment in accordance with section 1900 of this title.

Sec. 32.  24 V.S.A. § 1896 is amended to read:

§ 1896.  TAX INCREMENTS

(a)  In each subsequent year, the listers or assessor shall include no more than the original taxable value of such the real property in the assessed valuation upon which the listers or assessor computes the rates of all taxes levied by the municipality, the school district, and every other taxing district in which the tax increment financing district is situated; but the listers or assessor shall extend all rates so determined against the entire assessed valuation of such real property for that year.  In each year for which the assessed valuation exceeds the original taxable value, the municipality treasurer shall hold apart, rather than remit to the taxing districts, that proportion of all taxes paid that year on the real property in the district which such the excess valuation bears to the total assessed valuation.  The amount so held apart each year is referred to in this act as the “tax increment” for that year.  So much of the tax increments received with respect to the district and pledged and appropriated under section 1897 of this title for the payment of debt service on bonds issued for financing for improvements and related costs shall be segregated by the municipality in a special account on its official books and records until all capital indebtedness of the district has been fully paid.  The final payment shall be reported to the lister or assessor, who shall thereafter include the entire assessed valuation of the district in the assessed valuations upon which tax rates are computed and extended and taxes are remitted to all taxing districts.

(b)  Adjustment upon reappraisal.  In the event of a reappraisal of 20 percent or more of all parcels in the municipality, the value of the original taxable property in the district shall be changed by a multiplier, the denominator of which is the municipality’s education property tax grand list for the property within the district in the year prior to the reappraisal or partial reappraisal and the numerator of which shall be the municipality’s reappraised or partially reappraised education property tax grand list for the property within the districtIn such a district, the The state education property tax revenues for the district in the first year following a townwide reappraisal or partial town‑wide reappraisal shall not be less than the dollar amount of the state education property tax revenues  in the prior year.

Sec. 33.  24 V.S.A. § 1897 is amended to read:

§ 1897.  TAX INCREMENT FINANCING

(a)  The legislative body may pledge and appropriate any part or all of the tax increments received from properties contained within the tax increment financing district for the payment of the principal of and interest on bonds issued for financing of improvements contained wholly or partly within the district and for related costs in the same proportion by which the infrastructure or related costs directly serve the district at the time of approval of the project financing by the council, and in the case of infrastructure essential to the development of the district that does not reasonably lend itself to a proportionality formula, the council shall apply a rough proportionality and rational nexus test; provided, that if any tax increment utilization is approved pursuant to 32 V.S.A. § 5404a(g) 32 V.S.A. § 5404a(f), no more than 75 percent of the state property tax increment and no less than 75 percent of the municipal tax increment may be used to service this debt.  Bonds shall only be issued if the legal voters of the municipality, by a majority vote of all voters present and voting on the question at a special or annual municipal meeting duly warned for the purpose, shall give authority to the legislative body to pledge the credit of the municipality for these purposes.  Except as otherwise provided by the municipal charter, the legal voters of a municipality, by a single vote, shall authorize the legislative body to pledge the credit of the municipality up to a specified maximum dollar amount for all debt obligations to be financed with state property tax increment pursuant to approval by the Vermont economic progress council and subject to the provisions of this section and 32 V.S.A. § 5404a.

(b)  A municipality’s pledge of credit for the purpose of issuing a bond financing improvements under this subchapter and 32 V.S.A. § 5404a shall include notice that if the tax increment received by the municipality from any property tax source is insufficient to pay the principal and interest on the debt in any year, for whatever reason, including a decrease in property value or repeal of a state property tax source, unless determined otherwise at the time of such repeal, the municipality shall remain liable for full payment of the bond principal and interest for the term of indebtedness. 

Sec. 34.  24 V.S.A. § 1898(e) is amended to read:

(e)  Prior to the resolution or ordinance of the local governing body authorizing the bonds issued financing under this section, the legislative body of the municipality shall hold one or more public hearings, after public notice, on a financial plan for the proposed improvements and related costs to be funded, including a statement of costs and sources of revenue, the estimates of assessed values within the district, the portion of those assessed values to be applied to the proposed improvements, the resulting tax increments in each year of the financial plan, the amount of bonded indebtedness or other financing to be incurred, other sources of financing and anticipated revenues, and the duration of the financial plan.  A municipality that has approved the creation of a district under this chapter may designate a coordinating agency to administer the district to ensure compliance with this chapter and any other statutory or other requirements.

Sec.35.  24 V.S.A. § 1900 is amended to read:

§ 1900.  DISTRIBUTION

In addition to all other provisions of this chapter, with respect to any tax increment financing district, any municipal tax increment received in any tax year that exceeds the amounts pledged for the payment on principal and interest on the bonds issued any financing for improvements and related costs in the district shall be used to prepay financing, placed in escrow for payment of financing, or distributed to the state education fund, the city, town, or village budget in proportion that each budget bears to the combined total of the budgets unless otherwise negotiated by the city, town, or village.  Any state education tax increment received in any tax year that exceeds the amount pledged for the payment on principal and interest on the bonds issued for improvements and related costs in the district shall not be remitted to the municipality but shall be used only for prepayment of principal and interest on the bonds issued, placed in escrow for bond payment, or otherwise used for defeasance of the bonds.

Sec. 36.  32 V.S.A. § 5404a(f), (g), and (h) are amended and (j) and (k) are added to read:

(f)  A municipality that establishes a tax increment financing district under subchapter 5 of chapter 53 of Title 24 shall collect all property taxes on properties contained within the district and apply up to 75 percent of the tax increment as defined in 24 V.S.A. § 1896 to repayment of debt issued to finance financing of the improvements and related costs for up to 20 years pursuant to 24 V.S.A. § 1894, if approved by the Vermont economic progress council pursuant to this section.

(g)  Any allocation approved pursuant to subsection (e) of this section or utilization of tax increment approved under subsection (f) of this section shall be in addition to any other payments to the municipality under chapter 133 of Title 16.  Allocations Except as otherwise provided in this section or chapter 53 of Title 24, allocations and tax increment utilizations approved pursuant to subsections (e) and (f) of this section shall affect the education property tax grand list and the municipal grand list of the municipality under this chapter beginning April 1 of the year following approval and shall remain available to the municipality for the full period authorized and restricted only to the extent that the real property development giving rise to the increased value to the grand list fails to occur within the authorized period.

(h)  Criteria for approval.  To approve utilization of incremental revenues pursuant to subsection (f) of this section, the Vermont economic progress council shall do all the following:

(1)  Review each application to determine that the new real property development would not have occurred or would have occurred in a significantly different and less desirable manner but for the proposed utilization of the incremental tax revenues.  A district created in a designated growth center under 24 V.S.A. § 2793c shall be deemed to have complied with this subdivision.  The review shall take into account:

* * *

(C)  The amount of additional revenue expected to be generated as a result of the proposed development; the percentage of that revenue that shall be paid to the education fund; the percentage that shall be paid to the municipality; and the percentage of the revenue paid to the municipality that shall be used to pay the municipal tax increment bonds financing incurred for development of the tax increment financing district.

(2)  Process requirements.  Determine that each application meets all of the following four requirements:

* * *

(B)  The municipality has developed a tax increment financing district plan, including: a project description; a development financing plan; a pro forma projection of expected costs and a list of previously advanced related costs to be reimbursed; a projection of revenues; a statement and demonstration that the project would not proceed without the allocation of a tax increment; a projection of types and amount of expected financing; evidence that the municipality is actively seeking or has obtained other sources of funding and investment; and a development schedule that includes a list, a cost estimate, and a schedule for public improvements and projected private development to occur as a result of the improvements.

* * *

(4)  Project criteria.  Determine that the proposed development within a tax incentive increment financing district will accomplish at least three of the following five criteria:

* * *

(C)  The project will affect the mitigation remediation and redevelopment of a brownfield located within the district.  For the purposes of this section, “brownfield” means an area in which a hazardous substance, pollutant, or contaminant is or may be present, and that situation is likely to complicate the expansion, development, redevelopment, or reuse of the property.

* * *

(j)  A municipality with an active tax increment financing district shall:

(1)  Provide VEPC and the tax department with all information required for VEPC and the tax department to issue the report required by subsection (i) of this section on or before December 1 each year.

(2)  Report actual investment, financing activity, escrow status, and “related costs” accounting to VEPC according to the current law municipal audit cycle in 24 V.S.A. § 1681.

(k)  The state auditor of accounts shall review and audit all active tax increment financing districts every three years.

Sec. 37.  Sec. 2i of No. 184 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 2i.  TAX INCREMENT FINANCING DISTRICTS; CAP

Notwithstanding any other provision of law, the Vermont economic progress council may not approve the use of education tax increment financing for more than ten tax increment financing districts and no more than one newly created tax increment financing district in any municipality within the period of five state fiscal years beginning July 1, 2006 2007.  Thereafter no tax increment financing districts may be approved without further authorization by the General Assembly general assembly.

Sec. 38.  EFFECTIVE DATES

Secs. 29 through 37 of this act (tax increment financing amendments) shall take effect on July 1, 2007, except 24 V.S.A. § 1896(b) which shall be retroactively effective to July 1, 2006.

Tenth:  In Sec. 9, after the words “This act shall take effect upon passage except”, by inserting a (3) to read:  (3)  As provided in Secs. 1a, 7b and 22.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Smith of Morristown moved to refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Peterson of Williston

Rep. Otterman of Topsham

Rep. Obuchowski of Rockingham

Bill Read Second Time; Third Reading Ordered

H. 547

Rep. Heath of Westford spoke for the committee on Appropriations.

House bill entitled

An act relating to fiscal year 2007 supplemental appropriations;

Having appeared on the Calendar one day for notice, was taken up, read the second time and third reading ordered.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 116

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

An act relating to miscellaneous election law amendments;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

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

Sec. 8.  17 V.S.A. § 2493(a) is amended to read:

(a) The secretary of state shall adopt rules governing the use and the selection of any voting machine in the state. These rules shall include requirements that:

* * *

(2)  The secretary of state shall provide for the security of voting machines at all times. Voting machines, not including the ballot box portion, shall be locked in a vault or a secure location at all times when not in use.  The secretary of state may conduct a random post election audit of any polling place election results for a primary or general election within 30 days of the election.  If the secretary determines that a random audit shall be conducted of the election results in a town or city, the town clerk shall direct two members of the board of civil authority to transport the ballot bags to the office of the secretary of state not later than 10:00 a.m. on the morning when the secretary has scheduled the audit.  The secretary shall open the ballot bags and conduct the audit in the same manner as recounts are to be conducted under sections 2602e through 2602h ballots are counted under sections 2581 through 2588 of this title.  The secretary of state shall publicly announce the results of the audit as well as the results from the original return of the vote.  If the secretary finds that the audit indicates that there was possible fraud in the count or return of votes, the secretary shall refer the results to the attorney general for possible prosecution.

* * *

(5) Establish a process for municipalities using voting machines, whereby markings on ballots that are unreadable by a machine may be transferred by a pair of election officials, who are not members of the same political party, to ballots that are readable by the machine.

Second:  By adding a Sec. 8a to read:

Sec. 8a.  17 V.S.A. § 2532(a) is amended to read:

(a)(1)  An early or absentee voter, or an authorized family member or health care provider acting in on the voter’s behalf, may apply for an early voter absentee ballot by telephone, in person, or in writing.  “Family member’’ here As used in this section, “family member” means a person’s spouse, children, brothers, sisters, parents, spouse’s parents, grandparents, and spouse’s grandparents.  Any other authorized person may apply in writing or in person.  The application shall be in a form prescribed by the secretary of state. substantially the following form:

REQUEST FOR EARLY VOTER ABSENTEE BALLOT

Name of early or absentee voter: ____________________________________

Current address: _________________________________________________

Residence (if different): ___________________________________________

Telephone contact:    _________________         E-mail:    ________________

If applicant is other than the early or absentee voter:

Name of applicant: _______________________________________________

Address of applicant: _____________________________________________

Relationship to early or absentee voter: _______________________________

Telephone contact:    _________________         E-mail:    ________________

Date: _____________ Signature:_____________________________________

(2) If the application is made by telephone or in writing, the information supplied must be in substantial conformance with the information requested on this form.

Third:  By adding a Sec. 8b to read:

Sec. 8b.  17 V.S.A. § 2546 is amended to read:

§ 2546.  DEPOSIT OF EARLY VOTER ABSENTEE BALLOTS IN
       BALLOT BOX

(a)  No sooner than 30 days before the opening of polls on election day, the clerk of a municipality with at least 10,000 registered voters on its checklist may open the outside envelope in order to sort absentee ballots by ward and district, may data enter the return of the ballots by the voter, may determine that the certificate has been signed, and may place the inside envelopes in various secure containers to be transported to the polling places on election day.   No sooner than 48 hours before the opening of polls on election day, a town clerk in all other municipalities may direct two election officials working together to open the outside envelope and remove the certificate envelope in order to determine that an absentee ballot certificate has been properly signed by the early voter, and that the name of the early voter appears on the checklist.  The election officials shall check the name of the early voter off the entrance checklist and place the sealed envelope into a secure container marked “checked‑in early voter absentee ballots” to be transported to the polling place on election day.  Upon opening of the polls on election day, ballots from this container may be opened by election officials, who are not members of the same political party, and deposited either into the ballot box or into the voting machine.

(b)  The town clerk or presiding officer shall deliver the unopened early voter absentee ballots to the election officials at the place where the entrance checklist is located.  If the ballots are in a container marked “checked‑in early voter absentee ballots,” two election officials from different political parties may open the envelopes and deposit the ballots into the ballot box or into the voting machine.  If the ballots have not been previously checked off the entrance checklist and if an elections election official determines that the certificate on the envelope is signed by the early voter, the name of the early voter appears on the checklist, and the early voter is not a first-time voter in the municipality who registered by mail, the elections election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine.  If the early voter is a first-time voter who registered by mail, the elections election official shall determine whether the identification required under subdivision 2563(a)(1) of this title has been submitted by the voter. Upon ascertaining that the proper identification has been submitted by the voter, the elections election official shall mark the checklist, open the envelope, and deposit the ballot in the proper ballot box or voting machine.  If the proper identification has not been submitted, the ballot shall be treated as a provisional ballot, as provided in subchapter 6A of this chapter.

(b)(c)  All early voter absentee ballots shall be commingled with the ballots of voters who have voted in person.

Fourth:  By adding a Sec. 8c to read:

Sec. 8c.  17 V.S.A. § 2548(b) is amended to read:

(b)  A person who in good faith has received early voter absentee ballots for his or her use but has not yet marked them, if he finds that he or she is able to vote in person, may cast the early voter absentee ballots as provided above, or may vote in person after returning the complete set of unmarked ballots, together with the envelope intended for their return, to the presiding officer at the time the voter appears to vote in person.  If a person does not have his or her absentee ballots to return, the person shall be checked off the checklist and permitted to vote only after completing a sworn affidavit that he or she does not have his or her absentee ballots to return.  The presiding officer shall return the unused early voter absentee ballots and envelope to the town clerk, who shall make a record of their return on the list of early or absentee voters and treat them as spoiled or unused ballots, pursuant to section 2568 of this title.

Fifth:  By adding a Sec. 9a to read:

Sec. 9a.  17 V.S.A. § 2587 is amended to read:

§ 2587.  RULES FOR COUNTING BALLOTS

* * *

(e)  In the case of “write-in” votes in a primary election, the act of writing in the name of a candidate, or pasting a label containing a candidate’s name upon the ballot, without other indications of the voter’s intent, shall constitute a vote for that candidate, even though no cross is placed after such name.  The election officials counting ballots and tallying results must shall list every person who receives a “write-in” vote and the number of votes received.  On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.  Names of fictitious persons shall not be listed.

(f)  In the case of “write-in” votes in a general election, the act of writing in the name of a candidate, or pasting a label containing a candidate’s name upon the ballot, without other indications of the voter’s intent, shall constitute a vote for that candidate, even though no oval is marked or cross is placed after such name.  The election officials counting ballots and tallying results shall list each person who receives a “write-in” vote and the number of votes received, except that a write-in candidate shall not have his or her name listed and votes counted unless the candidate has filed a declaration of candidacy form with the official where nominating petitions must be filed for the office by 12:00 p.m. on the day prior to election day.  The declaration of candidacy form shall contain the same information as the candidate consent form.  Votes for write-in candidates who have not filed a declaration of candidacy form shall be counted as “write-in” votes but shall not be listed by name.  On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.  Names of persons who did not file a declaration of candidacy and fictitious persons shall not be listed, but votes for these persons shall be counted as “write-in” votes.

(g)  When the same number of persons are nominated for the position of justice of the peace as there are positions to be filled, the presiding officer may declare the whole slate of candidates elected without making individual tallies, providing each person on the slate has more votes than the largest number of write-in votes for any one candidate.

Sixth:  By striking Sec. 14 in its entirety and inserting in lieu thereof a new Sec. 14 to read:

Sec. 14.  17 V.S.A. § 2682 is amended to read:

§ 2682.  PROCESS OF VOTING; APPOINTMENTS

* * *

(c)  In a municipal election controlled by this subchapter, the person receiving the greatest number of votes for an office shall be declared elected to that office; a certificate of election need not be issued.  However, in order to be elected a write-in candidate must receive 30 votes or the votes of one percent of the registered voters in the municipality, whichever is less.  The act of writing in the name of a candidate, or pasting a label containing a candidate’s name upon the ballot, without other indications of the voter’s intent, shall constitute a vote for that candidate, even though no oval is marked or cross is placed after such name.  The election officials counting ballots and tallying results shall list each person who receives a “write-in” vote and the number of votes received, except that a write-in candidate shall not have his or her name listed and votes counted unless the candidate has filed a declaration of candidacy form with the town clerk or presiding officer by the close of the polls on election day or unless there are no candidates printed on the ballot.  The declaration of candidacy form shall contain the same information as the candidate consent form.  Votes for write-in candidates who have not filed a declaration of candidacy form shall be counted as “write-in” votes but shall not be listed by name.  On each tally sheet, the counters shall add together the names of candidates that are clearly the same person, even though a nickname or last name is used.  Names of persons who did not file a declaration of candidacy and fictitious persons shall not be listed, but votes for these persons shall be counted as “write-in” votes.

* * *

(e)  If there is a tie vote for any office, the legislative body, or in their stead, the municipal clerk, shall within seven days warn a runoff election to be held not less than 15 days nor more than 22 days after the warning.  The only candidates in the runoff election shall be those who were tied in the original election.  However, if one of the candidates that are tied withdraws his or her candidacy within five days after the election, the town clerk shall certify the other tied candidate as the winner, and there shall be no runoff election.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Government Operations? Rep. Martin of Wolcott moved to amend the recommendation of proposal of amendment offered by the committee on Government Operations as follows:

     In Sec. 8b, 17 V.S.A. § 2546(a) by striking the first sentence in its entirety and inserting in lieu thereof a new first sentence to read: “No sooner than 30 days before the opening of polls on election day, the town clerk of a municipality with at least 5,000 registered voters on its checklist may direct two election officials working together to open the outside envelope in order to sort absentee ballots by ward and district, may data enter the return of the ballots by the voter, may determine that the certificate has been signed, and may place the inside envelopes in various secure containers to be transported to the polling places on election day.

Which was agreed to.

Thereupon, the recommendation of proposal of amendment of the committee on Government Operations, as amended, was agreed to and third reading was ordered.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 121

Rep. Oxholm of Vergennes, for the committee on Education, to which had been referred Senate bill, entitled

An act relating to autism spectrum disorders;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds:

(1)  Autism is a life-long pervasive developmental disorder identified in the Diagnostic and Statistical Manual of Mental Disorders (DSM‑IV).  The five pervasive developmental disorders are:  autistic disorder; Asperger’s disorder; pervasive developmental disorder, not otherwise specified; Rett’s disorder; and childhood disintegrative disorder.  These lifelong disorders are often referred to collectively as autism spectrum disorders.

(2)  Autism spectrum disorders are neurologically based developmental disorders that can have profound lifelong effects in social interaction, the ability to communicate, imagination, and the establishment of relationships.

(3)  Children are diagnosed with autism spectrum disorders by psychologists, developmental pediatricians, psychiatrists, and neurologists.

(4)  In 1992, only 13 Vermont children with autism spectrum disorders received special education in Vermont.  According to the preliminary December 1, 2006 child count, 582 children with autism spectrum disorders are currently receiving special education in Vermont.

(5)  There is no single intervention that will be effective for all individuals with autism spectrum disorders or for the same individual across his or her lifespan.

(6)  National Research Council findings suggest that up to 48 percent of young children with autism spectrum disorders make marked progress when they receive intensive early intervention.

Sec. 2.  PROPOSAL FOR AN INTERAGENCY INITIATIVE TO ENHANCE SERVICES FOR INDIVIDUALS WITH AUTISM SPECTRUM DISORDERS

(a)  On or before January 15, 2008, the secretary of human services and the commissioner of education shall develop an interagency proposal for a coordinated, life-long system of care designed to address the needs of Vermonters with autism spectrum disorders (ASD) and their families.  The

agency of human services shall assume primary responsibility for developing the proposed plan.  The plan shall be:

(1)  Consistent with the Vermont Interagency White Paper on Autism Spectrum Disorders, issued March 2006, and informed by other papers or proposals developed by or for the agency of human services or the department of education. 

(2)  Developed in collaboration with a broad spectrum of stakeholders, including individuals with ASD and their families, professionals with established expertise in ASD, private and public providers of services to individuals with ASD and their families, entities providing support to families of individuals with ASD, and members of the autism task force, the Vermont developmental disabilities council, and the Act 264 advisory board.  Collaboration with individuals with ASD and their families shall reflect diversity in geography, in diagnoses, and in the severity of symptoms.  It shall also ensure consideration of an individual’s needs as a child, as a youth, and as an adult.

(b)  The proposed plan shall include:

(1)  A profile of the range of diagnoses and needs of the children, youth, and adults to be served.

(2)  Projections of the future needs of individuals with ASD in Vermont, including transitional services related to socialization, job training and employment, and independent living in a community-based format to assist individuals moving from school to the community.

(3)  Identification of the specific goals of the proposed plan for a life-long system of care for individuals with ASD and their families.

(4)  Development of research-based best practices guidelines to enhance the ability of public and private providers to meet the needs of individuals with ASD and their families.

(5)  A review of the educational and human services-related supports and services currently available to individuals with ASD throughout their lifetime.

(6)  A review of the supports and services currently available to the families of individuals with ASD.

(7)  Identification of the strengths of and deficiencies in the current system of supports and services identified in subdivisions (5) and (6) of this subsection and of the availability of those supports and services in all areas of the state.

(8)  Identification of the additional supports and services needed for an effective life-long system of care for individuals with ASD and their families and recommendations for how unmet needs might be satisfied. 

(9)  A review of the current role of public schools in connection with the provision of services to individuals with ASD, including:

(A)  the financial impact that the provision of these services has on school budgets.

(B)  Consideration of whether the current allocation of costs between the education system and the agency of human services for the provision of services to individuals with ASD is appropriate.

(C)  Recommendations for any change in the role of public schools, including consideration of how the current and potential costs of services for individuals with ASD provided by schools might be assumed by the agency of human services and whether such assumption would be consistent with federal law and would be otherwise appropriate and advisable.

(10)  A detailed proposal, with a related timeline, for implementing the proposed life-long system of care, including:

(A)  The manner in which existing resources and facilities might be used or redirected to support the system.

(B)  The availability of federal and other potential funding sources for the proposed system of care.

(C)  Strategies to encourage collaboration among existing and new resources to provide coordinated, life-long services, training, technical assistance, information dissemination, and consultation to individuals with ASD and their families, including a centralized, publicly available information system with an information “hotline”.

(D)  Strategies to encourage collaboration among existing and new resources to provide coordinated training, technical assistance, information dissemination, and consultation to schools, local agencies, and other providers of developmental, mental health, and early intervention services to individuals with ASD and their families.

(E)  Strategies for enabling access to the early and accurate diagnosis of ASD.

(F)  Strategies for encouraging collaboration with higher education programs to provide a sufficient number of well‑trained professionals to provide life-long services to individuals with ASD and their families in all regions of the state.

(G)  Provisions ensuring regular review and revision of the proposed system of care.

(c)  On or before January 15, 2008, the agency and the department shall present a written plan consistent with this section to the governor, the house committees on education, on human services, and on appropriations, and the senate committees on education, on health and welfare, and on appropriations. 

Sec. 3.  EFFECTIVE DATE

This act shall take effect from passage.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Education? Reps. Morrissey of Bennington, Andrews of Rutland City, Donahue of Northfield, Frank of Underhill, French of Randolph, Haas of Rochester, Mrowicki of Putney, Orr of Charlotte, and Pugh of South Burlington moved to amend the recommendation of proposal of amendment offered by the committee on Education as follows:

First:  In Sec. 2, subsection (b), subdivision (9)(B), before the period, by inserting the following: “and whether any possible reallocation is appropriate, advisable, and consistent with federal law

Second:  In Sec. 2, subsection (b), subdivision (9), by striking subdivision (C) in its entirety

Which was agreed to.

Thereupon, the recommendation of proposal of amendment of the committee on Education, as amended, was agreed to and third reading was ordered.

Senate Proposal of Amendment Concurred in

With an Amendment Thereto

H. 148

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

     An act relating to child abuse registry;

     By striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  33 V.S.A. chapter 49, subchapter 2 is amended to read:

Subchapter 2.  Reporting Abuse of Children

* * *

§ 4912.  DEFINITIONS

As used in this subchapter:

(1)  “Child” means an individual under the age of majority.

(2)  An “abused or neglected child” means a child whose physical health, psychological growth and development or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child’s welfare.  An “abused or neglected child” also means a child who is sexually abused or at substantial risk of sexual abuse by any person.

(3)  “Harm” can occur by:

(A)  Physical injury or emotional maltreatment;

(B)  Failure to supply the child with adequate food, clothing, shelter, or health care.  For the purposes of this subchapter, “adequate health care” includes any medical or nonmedical remedial health care permitted or authorized under state law.  Notwithstanding that a child might be found to be without proper parental care under chapter 55 of Title 33, a parent or other person responsible for a child’s care legitimately practicing his or her religious beliefs who thereby does not provide specified medical treatment for a child shall not be considered neglectful for that reason alone; or

(C)  Abandonment of the child.

(4)  “Risk of harm” means a significant danger that a child will suffer serious harm other than by accidental means, which harm would be likely to cause physical injury, neglect, emotional maltreatment or sexual abuse.

(5)  “A person responsible for a child’s welfare” includes the child’s parent; guardian; foster parent; any other adult residing in the home who serves in a parental role; an employee of a public or private residential home, institution or agency; or other person responsible for the child’s welfare while in a residential, educational or day child care setting, including any staff person.

(6)  “Physical injury” means death, or permanent or temporary disfigurement or impairment of any bodily organ or function by other than accidental means.

(7)  “Emotional maltreatment” means a pattern of malicious behavior which results in impaired psychological growth and development.

(8)  “Sexual abuse” consists of any act or acts by any person involving sexual molestation or exploitation of a child including but not limited to incest, prostitution, rape, sodomy, or any lewd and lascivious conduct involving a child.  Sexual abuse also includes the aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts a sexual conduct, sexual excitement or sadomasochistic abuse involving a child.

(9)  “Multi‑disciplinary team” means a group of professionals, paraprofessionals and other appropriate individuals, empanelled by the commissioner of social and rehabilitation services under this chapter, for the purpose of assisting in the identification and investigation of cases of child abuse and neglect, coordinating treatment services for abused and neglected children and their families and promoting child abuse prevention.

(10)  “Substantiated report” means that the commissioner or the commissioner’s designee has determined after investigation that a report is based upon accurate and reliable information that would lead a reasonable person to believe that the child has been abused or neglected.

(11)  [Repealed.]

(12)  “Member of the clergy” means a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner. 

(13)  “Redacted investigation file” means the intake report, the investigation activities summary, and case determination report that are amended in accordance with confidentiality requirements set forth in subsection 4913(d) of this title.

(14)  “Child abuse and neglect registry” means a record of all investigations that have resulted in a substantiated report on or after January 1, 1992.

(15)  “Registry record” means an entry in the child abuse and neglect registry that consists of the name of an individual substantiated for child abuse or neglect, the date of the finding, the nature of the finding, and at least one other personal identifier, other than a name, listed in order to avoid the possibility of misidentification.

§ 4913.  SUSPECTED CHILD ABUSE AND NEGLECT; REMEDIAL ACTION

(a)  Any physician, surgeon, osteopath, chiropractor, or physician’s assistant licensed, certified, or registered under the provisions of Title 26, any resident physician, intern, or any hospital administrator in any hospital in this state, whether or not so registered, and any registered nurse, licensed practical nurse, medical examiner, dentist, psychologist, pharmacist, any other health care provider, school superintendent, school teacher, school librarian, day child care worker, school principal, school guidance counselor, mental health professional, social worker, probation officer, police officer, camp owner, camp administrator, camp counselor, or member of the clergy who has reasonable cause to believe that any child has been abused or neglected shall report or cause a report to be made in accordance with the provisions of section 4914 of this title within 24 hours.  As used in this subsection, “camp” includes any residential or nonresidential recreational program.

(b)  Any other concerned person not listed in subsection (a) of this section who has reasonable cause to believe that any child has been abused or neglected may report or cause a report to be made in accordance with the provisions of section 4914 of this title.

(c)  Any person enumerated in subsections subsection (a) or (b) of this section, other than a person suspected of child abuse, who in good faith makes a report to the department of social and rehabilitation services shall be immune from any civil or criminal liability which might otherwise be incurred or imposed as a result of making a report.

(d)  The name of and any identifying information about either the person making the report, or any person mentioned in the report shall be confidential unless the person making the report specifically requests allows disclosure or unless a judicial proceeding results therefrom or unless a court, after a hearing, finds probable cause to believe that the report was not made in good faith and orders the department to make the name of the reporter available.

(e)(1)  A person who violates subsection (a) of this section shall be fined not more than $500.00.

(2)  A person who violates subsection (a) of this section with the intent to conceal abuse or neglect of a child shall be imprisoned not more than six months or fined not more than $1,000.00, or both.

(3)  This section shall not be construed to prohibit a prosecution under any other provision of law.

(f)  Except as provided in subsection (g) of this section, a person may not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication.

(g)  A member of the clergy shall not be required to make a report under this section if the report would be based upon information received in a communication which is:

(1)  made to a member of the clergy acting in his or her capacity as spiritual advisor;

(2)  intended by the parties to be confidential at the time the communication is made;

(3)  intended by the communicant to be an act of contrition or a matter of conscience; and

(4)  required to be confidential by religious law, doctrine, or tenet.

(h)  When a member of the clergy receives information about abuse or neglect of a child in a manner other than as described in subsection (g) of this section, he or she is required to report on the basis of that information even though he or she may have also received a report of abuse or neglect about the same person or incident in the manner described in subsection (g) of this section.  

§ 4914.  NATURE AND CONTENT OF REPORT; TO WHOM MADE

A report shall be made orally or in writing to the commissioner for children and families or designee.  The commissioner or designee shall request the reporter to follow the oral report with a written report, unless the reporter is anonymous.  Reports shall contain the name and address or other contact information of the reporter as well as the names and addresses of the child and the parents or other persons responsible for the child’s care, if known; the age of the child; the nature and extent of the child’s injuries together with any evidence of previous abuse and neglect of the child or the child’s siblings; and any other information that the reporter believes might be helpful in establishing the cause of the injuries or reasons for the neglect as well as in protecting the child and assisting the family.  If a report of child abuse or neglect involves the acts or omissions of the commissioner for children and families or employees of that department, then the report shall be directed to the secretary of the agency of human services who shall cause the report to be investigated by staff of the department of disabilities, aging, and independent living or of corrections or other appropriate agency staff other than staff of the department for children and families.  If the report is substantiated, services shall be offered to the child and to his or her family or caretaker according to the requirements of section 4915 of this title.

§ 4915.  INVESTIGATION; REMEDIAL ACTION

(a)  The commissioner of social and rehabilitation services shall cause an investigation to commence department shall begin an investigation within 72 hours after receipt of a report made pursuant to section 4914 of this title, provided that it has received sufficient information to proceed.

(b)  The investigation, to the extent that it is reasonable under the facts and circumstances presented by the particular allegation of child abuse, shall include all of the following:

(1)  A visit to the child’s place of residence or place of custody and to the location of the alleged abuse or neglect.

(2)  An interview with, or observance of the child reportedly having been abused or neglected.  If the investigator elects to interview the child, that interview may take place without the approval of the child’s parents, guardian, or custodian, provided that it takes place in the presence of a disinterested adult who may be, but shall not be limited to being, a teacher, a member of the clergy, child care provider regulated by the department, or a nurse.

(3)  Determination of the nature, extent, and cause of any abuse or neglect.

(4)  Determination of the identity of the person alleged to be responsible for such abuse or neglect.

(5)(A)  The identity, by name, of any other children living in the same home environment as the subject child.  The investigator shall consider the physical and emotional condition of those children and may interview them, unless the child is the person who is alleged to be responsible for such abuse or neglect, in accordance with the provisions of subdivision (2) of this subsection.

(B)  The identity, by name, of any other children who may be at risk if the abuse was alleged to have been committed by someone who is not a member of the subject child’s household.  The investigator shall consider the physical and emotional condition of those children and may interview them, unless the child is the person who is alleged to be responsible for such abuse or neglect, in accordance with the provisions of subdivision (2) of this subsection.

(6)  A determination of the immediate and longterm long‑term risk to each child if that child remains in the existing home or other environment.

(7)  Consideration of the environment and the relationship of any children therein to the person alleged to be responsible for the suspected abuse or neglect.

(8)  All other data deemed pertinent.

(c)  If the investigation produces evidence that the child has been abused or neglected For cases investigated by the department, the commissioner may, to the extent that it is reasonable, cause assistance to be provided provide assistance to the child and the child’s family in accordance with a written plan of treatment.

(d)  The commissioner, designee, or any person required to report under section 4913 or any other person performing an investigation pursuant to section 4914 may take or cause to be taken, photographs of trauma visible on a child who is the subject of a report.  The commissioner or designee may seek consultation with a physician.  If it is indicated as appropriate by the physician, the commissioner or designee may cause the child who is subject of a report to undergo a radiological examination, without the consent of the child’s parent or guardian. 

(e)  Services may be provided to the child’s immediate family whether or not the child remains in the home. 

(f)  The department shall report to and request assistance from law enforcement in the following circumstances:

(1)  Investigations of child sexual abuse by an alleged perpetrator age 10 or older.

(2)  Investigations of serious physical abuse or neglect likely to result in criminal charges or requiring emergency medical care.

(3)  Situations potentially dangerous to the child or department worker.

§ 4916.    CHILD ABUSE AND NEGLECT REGISTRY; RECORDS OF ABUSE AND NEGLECT

(a)(1)  The commissioner of social and rehabilitation services shall maintain a child abuse and neglect registry which shall contain written records of all investigations initiated under section 4915 of this title unless the commissioner or the commissioner’s designee determines after investigation that the reported facts are unsubstantiated, in which case, after notice to the person complained about, the records shall be destroyed unless the person complained about requests within one year that it not be destroyed a record of all investigations that have resulted in a substantiated report on or after January 1, 1992.  Except as provided in subdivision (2) of this subsection, prior to placement of a substantiated report on the registry, the commissioner shall comply with the procedures set forth in section 4916a of this title.

(2)  In cases involving sexual abuse or serious physical abuse of a child, the commissioner in his or her sole judgment may list a substantiated report on the registry pending any administrative review after:

(A)  Reviewing the investigation file.

(B)  Making written findings in consideration of:

(i)  the nature and seriousness of the alleged behavior; and

(ii)  the person’s continuing access to children.

(3)  A person alleged to have abused or neglected a child and placed on the registry in accordance with subdivision (2) of this subsection shall be notified of the registry entry, provided with the commissioner’s findings, and advised of the right to seek an administrative review in accordance with section 4916a of this title.

(b)  If no court proceeding is brought pursuant to subsection 4913(d) of this title within one year of the date of the notice to the person complained about, the records relating to the unsubstantiated report shall be destroyed  A registry record means an entry in the child abuse and neglect registry that consists of the name of an individual substantiated for child abuse or neglect, the date of the finding, the nature of the finding, and at least one other personal identifier, other than a name, listed in order to avoid the possibility of misidentification.

(c)  The commissioner shall adopt rules to permit use of the registry records as authorized by this subchapter while preserving confidentiality of the records registry and other department records related to abuse and neglect. 

(d)  Written Registry records maintained in the registry shall only be disclosed to the commissioner or person designated by the commissioner to receive such records, persons assigned by the commissioner to investigate reports, the person reported on, an employer as defined in subsection 4919(e) of this title, or a state’s attorney or the attorney general.  In no event shall registry records be made available for employment purposes, other than as set forth in section 309 or 4919 of this title, or for credit purposes, or to a law enforcement agency other than the state’s attorney.  Any person who violates this subsection, except as provided in section 4919 of this title, shall be fined not more than $500.00.

(e)(1)  Verbal Notice.  The commissioner or the commissioner’s designee shall promptly inform a parent or guardian of the child that a report has been made and substantiated.  If a parent or guardian is under investigation for abuse or neglect, such information need only be provided to that parent or guardian in accordance with subsection 4916(d) of this title.

(2)  Written Records.  If Absent good cause shown by the department, if a report has been substantiated, the commissioner or the commissioner’s designee may shall provide upon request the written record redacted investigation file to the child’s parent or guardian or, if there is a pending juvenile proceeding or if the child is in custody of the commissioner, to the child’s attorney. 

(f)(1)  The commissioner or the commissioner’s designee may inform the following persons that a report has been substantiated:

(1)(A)  The person responsible for supervising the staff in the child’s residential, educational or day child care setting.

(2)(B)  Upon request, to the person who made the report under subsection 4913(a) of this title.

(C)  Any person authorized by law to receive such information. 

(2)  A person receiving information under this subsection shall not disclose that information to persons who are not involved with the provision of treatment services under section 4915 of this title to the abused or neglected child.

(g)  A person may, at any time, apply to the human services board for relief if he or she has reasonable cause to believe that contents of the registry are being misused.  All registry records relating to an individual child shall be destroyed when the child reaches the age of majority.  All registry records relating to a family or siblings within a family shall be destroyed when the youngest sibling reaches the age of majority.   All registry records shall be maintained according to the name of the child who has been abused or neglected, and the name of the person about whom the report was made.

(h)  A person may, at any time, apply to the human services board for an order expunging from the registry a record concerning him or her on the grounds that it is unsubstantiated or not otherwise expunged in accordance with this section.  The board shall hold a fair hearing under section 3091 of Title 3 on the application at which hearing the burden shall be on the commissioner to establish that the record shall not be expunged.

§ 4916a.  CHALLENGING PLACEMENT ON THE REGISTRY

(a)  If an investigation conducted in accordance with section 4915 of this title results in a determination that a report of child abuse or neglect should be substantiated, the department shall notify the person alleged to have abused or neglected a child of the following:

(1)  The nature of the substantiation decision, and that the department intends to enter the record of the substantiation into the registry.

(2)  Who has access to registry information and under what circumstances.

(3)  The implications of having one’s name placed on the registry as it applies to employment, licensure, and registration.

(4)  The right to request a review of the substantiation determination by an administrative reviewer, the time in which the request for review shall be made, and the consequences of not seeking a review.

(5)  The right to receive a copy of the commissioner’s written findings made in accordance with subdivision 4916(a)(2) of this title if applicable.

(b)  Under this section, notice by the department to a person alleged to have abused or neglected a child shall be by first class mail sent to the person’s last known address.

(c)  A person alleged to have abused or neglected a child may seek an administrative review of the department’s intention to place the person’s name on the registry by notifying the department within 14 days of the date the department mailed notice of the right to review in accordance with subsections (a) and (b) of this section.

(d)  The department shall hold an administrative review conference within 14 days of receipt of the request for review.  At least seven days prior to the administrative review conference, the department shall provide to the person requesting review a copy of the redacted investigation file, notice of time and place of the conference, and conference procedures, including information that may be submitted and mechanisms for providing testimony.  The department shall also provide to the person those redacted investigation files that relate to prior investigations that the department has relied upon to make its substantiation determination in the case in which a review has been requested.

(e)  At the administrative review conference, the person who requested the review shall be provided with the opportunity to present documentary evidence or other information that supports his or her position and provides information to the reviewer in making the most accurate decision regarding the allegation.  The department shall have the burden of proving that it has accurately and reliably concluded that a reasonable person would believe that the child has been abused or neglected by that person.  Upon the person’s request, the conference may be held by teleconference.

(f)  The department shall establish an administrative case review unit within the department and contract for the services of administrative reviewers.  An administrative reviewer shall be a neutral and independent arbiter who has no prior involvement in the original investigation of the allegation.

(g)  Within seven days of the conference, the administrative reviewer shall:

(1)  reject the department’s substantiation determination;

(2)  accept the department’s substantiation; or

(3)  place the substantiation determination on hold and direct the department to further investigate the case based upon recommendations of the reviewer.

(h)  If the administrative reviewer accepts the department’s substantiation determination, a registry record shall be made immediately. 

(i)  Within seven days of the decision to reject or accept or to place the substantiation on hold in accordance with subsection (g) of this section, the administrative reviewer shall provide notice to the person of his or her decision.  If the administrative reviewer accepts the department’s substantiation, the notice shall advise the person of the right to appeal the administrative reviewer’s decision to the human services board in accordance with section 4916b of this title.

(j)  Persons whose names were placed on the registry on or after January 1, 1992 but prior to July 1, 2007 shall be entitled to an opportunity to seek an administrative review to challenge the substantiation pursuant to this section.

(k)  If no administrative review is requested, the department’s decision in the case shall be final, and the person shall have no further right of review under this section. The commissioner may grant a waiver and permit such a review upon good cause shown.

§ 4916b.  HUMAN SERVICES BOARD HEARING

(a)  Within 30 days of the date on which the administrative reviewer mailed notice of placement of a report on the registry, the person who is the subject of the substantiation may apply in writing to the human services board for relief. The board shall hold a fair hearing pursuant to 3 V.S.A. § 3091.  When the department receives notice of the appeal, it shall make note in the registry record that the substantiation has been appealed to the board.

(b)(1)  The board shall hold a hearing within 60 days of the receipt of the request for a hearing and shall issue a decision within 30 days of the hearing.

(2)  Priority shall be given to appeals in which there are immediate employment consequences for the person appealing the decision.

(c)  A hearing may be stayed upon request of the petitioner if there is a related case pending in court.

(d)  If no review by the board is requested, the department’s decision in the case shall be final, and the person shall have no further right for review under this section.  The board may grant a waiver and permit such a review upon good cause shown.

§ 4916c.  PETITION FOR EXPUNGEMENT FROM THE REGISTRY

(a)  A person whose name has been listed on the registry for at least seven years may file a written request with the commissioner, seeking a review for the purpose of expunging an individual registry record.  The commissioner shall grant a review upon request.

(b)  The person shall have the burden of proving that a reasonable person would believe that he or she no longer presents a risk to the safety or well‑being of children.  Factors to be considered by the commissioner shall include:

(1)  The nature of the substantiation that resulted in the person’s name being placed on the registry.

(2)  The number of substantiations, if more than one.

(3)  The amount of time that has elapsed since the substantiation.

(4)  The circumstances of the substantiation that would indicate whether a similar incident would be likely to occur.

(5)  Any activities that would reflect upon the person’s changed behavior or circumstances, such as therapy, employment, or education.

(6)  References that attest to the person’s good moral character.

(c)  At the review, the person who requested the review shall be provided with the opportunity to present any evidence or other information, including witnesses, that supports his or her request for expungement.  Upon the person’s request, the review may be held by teleconference.

(d)  A person may seek a review under this section no more than once every 36 months. 

(e)  Within 30 days of the date on which the commissioner mailed notice of the decision pursuant to this section, a person may appeal the decision to the human services board.  The person shall be prohibited from challenging his or her substantiation at such hearing, and the sole issue before the board shall be whether the commissioner abused his or her discretion in denial of the petition for expungement.  The hearing shall be on the record below, and determinations of credibility of witnesses made by the commissioner shall be given deference by the board.

(f)  The department shall take steps to provide reasonable notice to persons on the registry of their right to seek an expungement under this section.  Actual notice is not required.   Reasonable steps may include activities such as the production of an informative fact sheet about the expungement process, posting of such information on the department website, and other approaches typically taken by the department to inform the public about the department’s activities and policies.  The department shall send notice of the expungement process to any person listed on the registry for whom a registry check has been requested.

§ 4916d.  AUTOMATIC EXPUNGEMENT OF REGISTRY RECORDS

(a)  Registry entries concerning a person who was substantiated for behavior occurring before the person reached 10 years of age shall be expunged when the person reaches the age of 18, provided that the person has had no additional substantiated registry entries, unless the department determines that the registry record should not be expunged due to the nature and seriousness of the incident of abuse.

(b)  If the department determines that the registry record should not be expunged, the department shall provide written notice to the individual.  The individual shall have the opportunity to petition for expungement from the registry pursuant to section 4916c of this title.

§ 4916e.  NOTICE TO MINORS

If the person alleged to have abused or neglected a child is a minor, any notice required pursuant to this subchapter shall be sent:

(1)  to the minor’s parents or guardian; or

(2)  if the child is in the custody of the commissioner, to the social worker assigned to the child by the department and the child’s counsel of record. 

* * *

§ 4919.  DISCLOSURE OF INFORMATION

(a)  The commissioner shall maintain a registry which shall contain the following information: the names of all the individuals found on the basis of a substantiated report to have abused, neglected or exploited a child; the date of the finding; and the nature of the finding.  In addition, the commissioner shall require that, aside from a person’s name, at least one other personal identifier is listed in the registry to prevent the possibility of misidentification.

(b)  The commissioner or the commissioner’s designee may disclose registry information only as set forth in section 4916 of this title or as follows:

(1)  To the state’s attorney or the attorney general;

(2)  To the owner or operator of a facility regulated by the department for the purpose of informing the owner or operator that employment of a specific individual may result in loss of license or registration, as set forth in section 309 of this title;

(3)  To an employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, transportation, or supervision of children or vulnerable adults.  The employer may submit a request concerning a current employee, volunteer, grantee, or contractor or an individual to whom the employer has given a conditional offer of a contract, volunteer position, or employment.  The request shall be accompanied by a release signed by the current or prospective employee, volunteer, grantee, or contractor.  If that individual has a record of a substantiated report, the commissioner shall provide the registry information record to the employer;

(4)  To the commissioner of disabilities, aging, and independent living, or the commissioner’s designee, for purposes related to the licensing or registration of facilities regulated by the department of disabilities, aging, and independent living;

(5)  To the commissioner of health or of disabilities, aging, and independent living, or the commissioner’s designee, for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the departments of health and of disabilities, aging, and independent living, including persons to whom a conditional offer of employment has been made;

(6)  Upon request or when relevant to other states’ adult protective services offices; and

(7)  Upon request or when relevant to other states’ child protection agencies.

(b)  An employer providing transportation services to children or vulnerable adults may disclose registry records obtained pursuant to subdivision (a)(3) of this section to the agency of human services or its designee for the sole purpose of auditing the records to ensure compliance with this subchapter.  An employer shall provide such records at the request of the agency or its designee.  Only registry records regarding individuals who provide direct transportation services or otherwise have direct contact with children or vulnerable adults may be disclosed.

(c)  Volunteers shall be considered employees for purposes of this section.

(d)  Disclosure of registry records or information or other records used or obtained in the course of providing services to prevent child abuse or neglect or to treat abused or neglected children and their families by one member of a multidisciplinary team to another member of that team shall not subject either member of the multidisciplinary team, individually, or the team as a whole, to any civil or criminal liability notwithstanding any other provision of law.

(e)  “Employer,” as used in this section, means a person or organization who employs or contracts with one or more individuals to care for or provide transportation services to children or vulnerable adults, on either a paid or volunteer basis. 

* * *

Sec. 2.  33 V.S.A. § 6911 is amended to read:

§ 6911.  RECORDS OF ABUSE, NEGLECT, AND EXPLOITATION

* * *

(c)  The commissioner or the commissioner’s designee may disclose registry information only to:

* * *

(3)  an employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, transportation, or supervision of children or vulnerable adults.  “Employer,” as used in this section, means a person or organization who employs or contracts with one or more individuals to care for or provide transportation services to children or vulnerable adults, on either a paid or volunteer basis.  The employer may submit a request concerning a current employee, volunteer, grantee, or contractor or an individual to whom the employer has given a conditional offer of a contract, volunteer position, or employment.  The request shall be accompanied by a release signed by the current or prospective employee, volunteer, grantee, or contractor.  If that individual has a record of a substantiated report, the commissioner shall provide the registry information to the employer;

* * *

(d)  An employer providing transportation services to children or vulnerable adults may disclose registry records obtained pursuant to subdivision (c)(3) of this section to the agency of human services or its designee for the sole purpose of auditing the records to ensure compliance with this chapter.  An employer shall provide such records at the request of the agency or its designee.  Only registry records regarding individuals who provide direct transportation services or otherwise have direct contact with children or vulnerable adults may be disclosed.

(e)  A person may, at any time, apply to the human services board for relief if he or she has reasonable cause to believe that the contents of the registry or investigative records are being misused.

(e)(f)  A person may at any time apply to the department for expungement of his or her name from the registry.  The petitioner shall have the burden of showing why his or her name should be expunged from the registry.

(f)(g)  Any person who violates this section shall be fined not more than $500.00.

(g)(h)  Volunteers shall be considered employees for purposes of this section.

Sec. 3.  15A V.S.A. § 1-113 is amended to read:

§ 1-113.  CRIMINAL RECORD CHECKS

(a)  Criminal record checks required under this title shall be obtained as provided in this section.

(b)  The commissioner of the department of social and rehabilitation services for children and families or any judge of the probate court shall obtain from the Vermont criminal information center the record of Vermont convictions and pending criminal charges for any person being evaluated to be an adoptive parent.

(c)  The commissioner or probate judge, through the Vermont criminal information center shall request the record of convictions and pending criminal charges of the appropriate criminal repositories in all states in which there is reason to believe the applicant has resided or been employed.

(d)  If no disqualifying record is identified at the state level, the The commissioner or probate judge through the Vermont criminal information center shall request from the Federal Bureau of Investigation (FBI) a national criminal history record check of the applicant’s convictions and pending criminal charges.  The request to the FBI shall be accompanied by a set of the applicant’s fingerprints and a fee established by the Vermont criminal information center which shall be paid by the applicant and shall reflect the cost of obtaining the record from the FBI.

(e)  The Vermont criminal information center shall send to the requester any record received pursuant to this section or inform the requester that no record exists.

(f)  The requester shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont criminal information center.

(g)  Upon completion of the applicant process under this section, the applicant’s fingerprint card and any copies thereof shall be destroyed.

Sec. 4.  33 V.S.A. § 309 is amended to read:

§ 309.  ACCESS TO RECORDS

(a)(1)  The commissioner may obtain from the Vermont crime information center the record of convictions of any person to the extent the commissioner has determined by rule that such information is necessary to regulate a facility or individual subject to regulation by the department.

(2)  In cases involving the prospective placement of a child in foster care, the commissioner shall for any prospective foster parent:

(A)  Obtain from the Vermont criminal information center the record of Vermont convictions and pending criminal charges.

(B)  Request, through the Vermont criminal information center, from the Federal Bureau of Investigation (FBI) a national criminal history record check of the prospective foster parent.  The request to the FBI shall be accompanied by a set of the applicant’s fingerprints, and a fee established by the Vermont criminal information center shall reflect the cost of obtaining the record from the FBI.

(C)  The department shall bear all costs for obtaining criminal records for prospective foster parents licensed by the department.

(3)  The commissioner shall first notify the person receive written authorization from the person whose record is being requested before requesting the record from the Vermont crime information center.

(b)(1)  The owner or operator of a facility or program licensed or, registered, or otherwise regulated by the department may ask the commissioner for the record of convictions criminal record and the record of substantiated reports of child abuse child abuse and neglect registry record of the following individuals:

(A)  a current employee or;

(B)  a person to whom the owner or operator has given a conditional offer of employment; or

(C)  any other person to the extent the commissioner has determined by rule that such information is necessary to regulate a facility or program.

(2)  The request shall be in writing and shall be accompanied by a release signed by the current or prospective employee person whose record is sought. The owner or operator release form shall inform the current or prospective employee person that he or she has the right to appeal the accuracy and completeness of the record.  Upon receiving a request under this subsection, the commissioner shall ask the Vermont crime information center for the record of convictions of the current or prospective employee and shall promptly search the child abuse and neglect registry.

(c)  If the person has a record of convictions, the commissioner shall provide the owner or operator of the facility or program that is licensed, registered, or otherwise regulated by the department with a copy of the record. If the person has a record of substantiated reports of child abuse in the child abuse and neglect registry, the commissioner shall inform the requesting owner or operator that such record exists.

(d)  Information released to an owner or operator under this section shall not be released or disclosed by the owner or operator to any other person except as authorized by law.  Release or disclosure of such information by an owner or operator may result in loss of license or, registration, or certification.

(e)  As used in this section,:

(1)  “Commissioner” means the commissioner or the commissioner’s designee.

(2)  “Employee” shall include volunteers.

(3)  “Substantiated reports of child abuse” “Child abuse and neglect registry record” means reports of child abuse substantiated under section 4915 of this title and entered into the child abuse and neglect registry maintained by the department pursuant to chapter 49 of this title.

(4)  “Volunteer” means an individual who without compensation provides services through a public or private organization.

Sec. 5.  SUNSET

The amendments in Secs. 3 and 4 shall be repealed on July 1, 2009 and 15A V.S.A. § 1-113 and 33 V.S.A. § 309 shall revert to the prior statutory text.

Sec. 6.  STUDY

(a)  The commissioner of the department for children and families or a designee shall perform a study for the purpose of considering:

(1)  The need for the agency or its designee to have the authority to perform criminal background checks on individuals providing care, custody, treatment, transportation, or supervision for children or vulnerable adults.

(2)  The need for reciprocal agreements with New York, Massachusetts, and New Hampshire to share child abuse registry information for the purpose of performing child abuse registry checks on residents of those states who provide care, custody, treatment, transportation, or supervision for children or vulnerable adults in this state.  The commissioner shall consult with similar agency administrators in those states to determine the feasibility of these reciprocal agreements.

(3)  The need for broadened authority for employers providing care, custody, treatment, transportation, or supervision for children or vulnerable adults to perform criminal background checks on prospective and current employees.

(4)  Issues related to allegations of abuse or neglect of a child, including a tiered approach to the investigation and substantiation of child abuse or neglect that is based upon the severity of the behavior and the risk to children and the community and that establishes appropriate corresponding consequences and protections.

(b)  While considering the issues of subsection (a) of this section, the commissioner shall consult with the following individuals, organizations, and state agencies:

(1)  The agency of human services.

(2)  The agency of human services’ director of housing and transportation.

(3)  The defender general.

(4)  Early childhood educators and caregivers.

(5)  The family services unit of the department for children and families.

(6)  The network against domestic and sexual violence.

(7)  Teachers, school nurses, and school administrators.

(8)  Pediatricians.

(9)  The Vermont citizens advisory board.

(10)  The Vermont public transportation association.

(c)  The commissioner shall report the findings of this study to the senate and house committees on judiciary, the senate committee on health and welfare, and the house committee on human services on or before November 1, 2007.

Sec. 7.  3 V.S.A. § 5407 is amended to read:

§ 5407.  SEX OFFENDER’S DUTY RESPONSIBILITY TO REPORT

(a)  A Except as provided in section 5411d of this title, a sex offender shall report to the department as follows:

(1)  if convicted of a registry offense in another state, within 10 days after either establishing residence in this state or crossing into this state for purposes of employment, carrying on a vocation, or being a student, the sex offender shall provide the information listed in subsection 5403(a) of this title;

(2)  annually within 10 days after the registrant’s birthday, or if a person is determined to be a sexually violent predator, that person shall report to the department every 90 days;

(3)  within three days after any change of address, or if a person is designated as a high‑risk sex offender pursuant to section 5411b of this title, that person shall report to the department within 36 hours;

(4)  within three days after the registrant enrolls in or separates from any postsecondary educational institution; and

(5)  within three days after any change in place of employment; and

(6)  within three days of any name change.

* * *

(f)  A person required to register as a sex offender under this subchapter shall continue to comply with this section for the life of that person, except during periods of incarceration, if that person:

(1)  has at least one prior conviction for an offense described in subdivision 5401(10) of this subchapter or a comparable offense in another jurisdiction of the United States;

(2)  has been convicted of a sexual assault as defined in section 3252 of this title or aggravated sexual assault as defined in section 3253 of this title; however, if a person convicted under section 3252 is not more than six years older than the victim of the assault and if the victim is 14 years or older, then the offender shall not be required to register for life if the age of the victim was the basis for the conviction; or

(3)  has been determined to be a sexually violent predator pursuant to section 5405 of this subchapter title; or

(4)  has been designated as a noncompliant high‑risk sex offender pursuant to section 5411d of this title.

* * *

(h)  A registrant who has no permanent address shall report to the department to notify it as to his or her temporary residence.  Temporary residence, for purposes of this section, need not include an actual dwelling or numbered street address, but shall identify a specific location.  A registrant shall not be required to check in daily if he or she makes acceptable other arrangements with the department to keep his or her information current.  The department may enter into an agreement with a local law enforcement agency to perform this function, but shall maintain responsibility for compliance with this subsection.

Sec. 8.  13 V.S.A. § 5411 is amended to read:

§ 5411.  NOTIFICATION TO LOCAL LAW ENFORCEMENT AND LOCAL COMMUNITY

* * *

(e)  After 10 years have elapsed from the completion of the sentence, a person required to register as a sex offender for life pursuant to section 5407 of this title who is not designated as a noncompliant high‑risk sex offender pursuant to section 5411d of this title may petition the district court for a termination of community notification, including the internet.  The state shall make a reasonable attempt to notify the victim of the proceeding, and consider victim testimony regarding the petition.  If the registrant was convicted of a crime which requires lifetime registration, there shall be a rebuttable presumption that the person is a high‑risk sex offender.  Should the registrant present evidence that he or she is not a high‑risk offender, the state shall have the burden of proof to establish by a preponderance of the evidence that the person remains a high risk to reoffend.  The court shall consider whether the offender has successfully completed sex offender treatment.  The court may require the offender to submit to a psychosexual evaluation.  If the court finds that there is a high risk of reoffense, notification shall continue.  The Vermont Rules of Civil Procedure shall apply to these proceedings.  A lifetime registrant may petition the court to be removed from community notification requirements once every 60 months.  The presumption under this section that a lifetime registrant is a high‑risk offender shall not automatically subject the offender to increased public access to his or her status as a sex offender and related information under subdivision (c)(1) of this section or section 5411a of this title.

Sec. 9.  13 V.S.A. § 5411a is amended to read:

§ 5411a.  ELECTRONIC POSTING OF THE SEX OFFENDER REGISTRY

(a)  Notwithstanding sections 2056a–2056e of Title 20, the department shall electronically post information on the internet in accordance with subsection (b) of this section regarding the following sex offenders, upon their release from confinement:

* * *

(5)(A)  Sex offenders who have not complied with sex offender treatment recommended by the department of corrections or who are ineligible for sex offender treatment.  The department of corrections shall establish rules for the administration of this subdivision and shall specify what circumstances constitute noncompliance with treatment and criteria for ineligibility to participate in treatment.  Offenders subject to this provision shall have the right to appeal the department of corrections’ determination in superior court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.  This subdivision shall apply prospectively and shall not apply to those sex offenders who did not comply with treatment or were ineligible for treatment prior to March 1, 2005. 

(B)  The department of corrections shall notify the department if a sex offender who is compliant with sex offender treatment completes his or her sentence but has not completed sex offender treatment.  As long as the offender complies with treatment, the offender shall not be considered noncompliant under this subdivision and shall not be placed on the internet registry in accordance with this subdivision alone.  However, the offender shall submit to the department proof of continuing treatment compliance every three months.  Proof of compliance shall be a form provided by the department that the offender’s treatment provider shall sign, attesting to the offender’s continuing compliance with recommended treatment.  Failure to submit such proof as required under this subdivision shall result in the offender’s placement on the internet registry in accordance with subdivision (A) of this subdivision (5).

* * *

Sec. 10.  13 V.S.A. § 5411d is added to read:

§ 5411d.  DESIGNATION OF NONCOMPLIANT HIGH‑RISK SEX OFFENDER

(a)  Prior to releasing a person from total confinement, the department of corrections shall designate the person as a noncompliant high‑risk sex offender if the person:

(1)  Is incarcerated on or after the effective date of this act for lewd and lascivious conduct with a child as defined in section 2602 of this title, sexual assault as defined in section 3252 of this title, aggravated sexual assault as defined in section 3253 of this title, or any attempt to commit a crime listed herein, or a comparable offense in another jurisdiction of the United States.

(2)  Is not subject to indeterminate life sentences under section 3271 of this title.

(3)  Is designated as a high‑risk sex offender pursuant to section 5411b of this title.

(4)  Is noncompliant with sex offender treatment as defined by department of corrections’ directives.

(b)  Noncompliant high‑risk sex offenders shall report to the department as follows:

(1)  In person, within 15 days from the date of release from department of corrections’ supervision, and within every 30 days thereafter.

(2)   Prior to any change of address.  However, if the change of address is unanticipated, the offender shall report within one day of the change of address.

(3)  Prior to enrollment in or separation from any postsecondary educational institution.  However, if the change in school status is unanticipated, the offender shall report within one day of the change.

(4)  Within one day of any change in a place of employment.

(c)  In addition to the registry information required in section 5403 of this title, a noncompliant high‑risk sex offender shall provide the department with the make, model, color, registration, and license plate number of any vehicle the person operates prior to operation.  An offender found in operation of a vehicle not on the list provided to the department shall be considered to be in violation of this subsection.

(d)  The department shall arrange for the noncompliant high‑risk sex offender to have his or her digital photograph updated annually for purposes of the electronic registry as provided in section 5411a of this title.  An offender who is requested by the department to report to the department or a local law enforcement agency for the purpose of being photographed for the internet registry shall comply with the request within 30 days.

(e)  The department shall conduct periodic unannounced registry compliance checks on noncompliant high‑risk sex offenders to verify the accuracy of registry information.  The department may enter into an agreement with a local law enforcement agency to perform duties under this subsection and under subdivision (b)(1) of this section, but shall maintain responsibility for compliance with this subsection.

(f)(1)  A noncompliant high‑risk sex offender may petition the district court to be relieved from the heightened registry requirements in this section once every five years from the date of designation.  The offender shall have the burden of proving by a preponderance of the evidence that he or she:

(A)  no longer qualifies as a high‑risk offender as defined in section 5401 of this title and rules adopted by the department of corrections in accordance with section 5411b of this title; and

(B)  has complied with and completed sex offender treatment as provided by department of corrections’ directives.

(2)  The Vermont Rules of Civil Procedure shall apply to these proceedings.

(3)  If the court finds that the offender is not high‑risk and has successfully completed treatment, the court shall order that the offender is no longer considered a noncompliant high‑risk offender and is subsequently relieved from the heightened registry requirements of this section; however, the offender shall still continue to comply with sex offender registry and other requirements as provided elsewhere in this subchapter.

(g)(1)  A noncompliant high‑risk sex offender who violates any of the registry requirements under this section shall be imprisoned for a maximum term of life.  A sentence may be suspended in whole or in part, or the person may be eligible for parole or release on conditional reentry or furlough, provided the person is subject to electronic monitoring using an active global positioning system.  Electronic monitoring shall be an addition to intensive supervision by the department of corrections.

(2)  In a criminal proceeding for violating any of the registry requirements under this section, a defendant shall be prohibited from challenging his or her status as a noncompliant high‑risk sex offender.

Sec. 11.  4 V.S.A. § 437 is amended to read:

§ 437.  Civil jurisdiction of district court

The district court shall have jurisdiction of the following actions:

* * *

(9)  Sex offender notification proceedings pursuant to 13 V.S.A. § 5411(c) subsections 5411(e) and 5411d(f) of Title 13.

* * *

Sec. 12.  EFFECTIVE DATE

(a)  In Sec. 2 of this act, the following provisions shall take effect September 1, 2007:  33 V.S.A. §§ 4916(a), 4916a, and 4916b.

(b)  All other sections shall take effect upon passage.

 

     Rep. Lippert of Hinesburg moved that the House concur in the Senate proposal of amendment with the following amendment thereto:

By striking Secs. 7-11 in their entirety and renumbering the following section to be numerically correct.

     Which was agreed to.

Senate Proposal of Amendment Concurred in

With a Further Amendment Thereto

H. 154

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

     An act relating to stormwater management;

First:  In Sec. 1, 10 V.S.A. § 1264(f)(3), by striking out “January 15, 2010” where it appears in the first sentence and inserting in lieu thereof January 15, 2009

Second:  By striking out Secs. 3 and 4 in their entirety and inserting in lieu thereof the following: 

Sec. 3.  EXTENSION OF SUNSET OF INTERIM STORMWATER PERMITTING PROGRAM AND CONVEYANCE OF REAL ESTATE WITH STORMWATER PERMITS

Sec. 10 of No. 140 of the Acts of the 2003 Adj. Sess. (2004), as amended by Sec. 8 of No. 154 of the Acts of the 2005 Adj. Sess. (2006), is further amended to read:

Sec. 10.  SUNSET

(a)  Sec. 2 of this act (interim permitting authority for regulated stormwater runoff), except for subsection 1264a(e) of Title 10, shall be repealed on September 30, 2007 January 15, 2009.

(b)  Sec. 4 of this act (local communities implementation fund) shall be repealed on September 30, 2012.

(c)  Sec. 6 of this act (stormwater discharge permits during transition period) shall be repealed on September 30, 2007 January 15, 2009.

Sec. 4.  AGENCY OF NATURAL RESOURCES REPORT ON IMPLEMENTATION OF STORMWATER TMDLS

(a)  Beginning January 15, 2008, and every two years thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy regarding agency progress in establishing and implementing the total maximum daily load (TMDL) plan for Lake Champlain.  Beginning January 15, 2009, and every two years thereafter, the agency of natural resources shall report to the house committee on fish, wildlife and water resources and the senate committee on natural resources and energy regarding agency progress in establishing and implementing the TMDLs for the stormwater-impaired waters of the state.  Prior to issuing the reports required under this section, the agency of natural resources shall hold a public hearing in the Lake Champlain watershed and each watershed of a stormwater-impaired water for which a permit has been issued implementing a total maximum daily load.  The reports required by this section shall include:

(1)  An assessment of the implementation plan for the TMDL based on available data, including an evaluation of the efficacy of the implementation plan;

(2)  An assessment of the hydrologic targets of the TMDL based on available data, including an evaluation of the adequacy of the hydrologic targets of the TMDL;

(3)  Recommendations, if any, for amending an implementation plan or reopening a TMDL.

(b)  On or before January 15, 2008, the agency of natural resources shall report to the senate and house committee on institutions, the house committee on fish, wildlife and water resources, and the senate committee on natural resources and energy regarding methods for and the cost of reducing phosphorus discharges from wastewater treatment facilities in the Lake Champlain basin.  The report required by this section may be combined with the report required under subsection (a) of this section regarding agency progress in establishing and implementing the TMDL for Lake Champlain.  The report required by this subsection shall include:

(1)  An analysis and summary of the existing phosphorus treatment practices at each wastewater treatment facility in the Lake Champlain basin;

(2)  An analysis of each wastewater treatment facility in the Lake Champlain basin in order to determine the feasibility of each facility reducing the amount of phosphorus it discharges to state waters, including the treatment processes that each facility could implement in order to reduce additional phosphorus discharges;

(3)  An estimate of the capital cost to each wastewater treatment facility in the Lake Champlain basin of implementing the phosphorus reduction treatment processes identified under subdivision (2) of this subsection; and

(4)  Recommended incentives that would encourage wastewater treatment facilities in the Lake Champlain basin to reduce voluntarily phosphorus discharges.

Sec. 5.  10 V.S.A. chapter 47, subchapter 6 is added to read:

Subchapter 6.  Lake Champlain Water Quality

§ 1385.  LAKE CHAMPLAIN TOTAL MAXIMUM DAILY LOAD

(a)(1)  The secretary of natural resources shall reopen the total maximum daily load (TMDL) plan for Lake Champlain as it pertains to the waters of Vermont in order to:

(A)  Adopt a new hydrologic base year to reflect the average phosphorus load discharged to Lake Champlain between 1993 and 2004;

(B)  Allocate point source and non-point source load reductions on a subwatershed basis;

(C)  Ensure that the total, annual phosphorus discharged by all wastewater treatment facilities in the aggregate does not exceed the total phosphorus load discharged to Lake Champlain by all wastewater treatment facilities in the aggregate in 2006 and to adjust aggregate total phosphorus load allocations to Lake Champlain accordingly; and

(D)  Amend pollutant load allocations within the TMDL so as to reduce point source and non-point source load allocations in order to reasonably assure that the TMDL meets the Vermont water quality standards.

(2)  The amended TMDL shall be submitted to the U.S. Environmental Protection Agency as required by 33 U.S.C. § 303.

(b)  In addition to the requirements of subsection (a) of this section, the secretary of natural resources shall amend the Vermont-specific implementation plan of the Lake Champlain TMDL to include a strategy for identifying and targeting critical source areas for non-point source pollution in each subwatershed.  For the purposes of this subsection, “critical source area” means an area in a watershed with high potential to release phosphorus to surface or subsurface runoff to waters of the state.

(c)  In amending the TMDL for Lake Champlain under subsection (a) of this section and in amending the Vermont-specific implementation plan of the Lake Champlain TMDL under subsection (b) of this section, the secretary of natural resources shall comply with the public participation requirements of 40 C.F.R. § 130.7(c)(1)(ii).

Sec. 6.  CLEAN AND CLEAR ACTION PLAN INDEPENDENT AUDIT

On or before January 15, 2008, the secretary of administration shall submit to the house and senate committees on appropriations, the house and senate committees on agriculture, the senate committee on natural resources and energy, and the house committee on fish, wildlife and water resources a program audit of the progress and efficacy of the clean and clear action plan, including a financial analysis of the utilization and spending of funds appropriated to the agency of natural resources and the agency of agriculture, food and markets as part of the clean and clear action plan.  The audit shall be conducted by a qualified, independent environmental consultant or organization with knowledge of the clean water act, state water quality requirements and programs, and the program elements of the clean and clear action plan.

Sec. 7.  EFFECTIVE DATE

(a)  This section and Secs. 1 (secretary issuance of TMDLs), 2 (notice of deferral of permit), 3 (extension of interim stormwater permit program), 4 (agency of natural resources TMDL report), and 6 (clean and clear action plan audit) of this act shall take effect upon passage.

(b)  Sec. 5  (Lake Champlain TMDL review and reopening) shall take effect July 1, 2008.

Thereupon, Rep. Deen of Westminster moved that the House concur in the Senate proposal of amendment with the following amendment thereto:

That the Senate recede from its first proposal of amendment and that the House accede to the second Senate proposal of amendment and that the bill be further amended by striking Sec. 7 in its entirety and inserting lieu thereof the following:

Sec. 7.  FINDINGS

The general assembly finds and declares that:

(1)  It is the settled policy of the state as set forth in 10 V.S.A. § 1250 to protect and enhance the existing quality, character, and usefulness of surface water and to seek over the long term to upgrade the quality of the surface waters of the state.

(2)  The adoption of any water management types within the classifications of state surface waters shall conform to the state water policy.

(3)  During the process preceding adoption of revised basin plans for the state, the secretary of natural resources shall maximize public participation and public input in a manner consistent with the department of conservation’s 2004 Vermont watershed initiative guidelines for watershed planning.

(4)  Basin plans or water management type designations and redesignations proposed by the agency of natural resources shall include sufficient information and documentation to ensure transparency regarding agency decision-making.

(5)  The agency of natural resources is expected to and should strive to update all 17 basin plans for the state by the 2010 deadline authorized by this act.

Sec. 8.  10 V.S.A. § 1251a(c) is added to read:

(c)  The secretary of natural resources shall propose for point source discharges to state waters an implementation process for the antidegradation policy of the water quality standards of the state and shall seek the concurrence of the water resources panel of the board prior to initiating rulemaking for adoption of an implementation process.

Sec. 9.  10 V.S.A. § 1253(d) is amended to read:

(d)  The board shall determine what degree of water quality and classification should be obtained and maintained for those waters not classified by it before 1981 following the procedures in sections 1254 and 1258 of this title.  Those waters shall be classified in the public interest.  The secretary shall revise all 17 basin plans by January 1, 2006 December 31, 2010, and update them every five years thereafter.  Prior to July 1, 2008, the secretary may adopt revised basin plans without including proposals for water management types in Class B waters to ensure that the strategies to improve and restore waters contained in the basin plans are available to the people of the state.  On or before January 1 15 of each year, the secretary shall report to the house committees on agriculture and natural resources and energy on fish, wildlife and water resources and to the senate committees on agriculture and on natural resources and energy regarding the progress made and difficulties encountered in revising basin plans.  By January 1, 1993, the secretary shall prepare an overall management plan to ensure that the water quality standards are met in all state waters.

Sec. 10.  EFFECTIVE DATE

(a)  This section and Secs. 1 (secretary issuance of TMDLs), 2 (notice of deferral of permit), 3 (extension of interim stormwater permit program), 4 (agency of natural resources TMDL report), 6 (clean and clear action plan audit), 7 (findings), 8 (antidegradation policy), and 9 (basin planning) of this act shall take effect upon passage.

(b)  Sec. 5 (Lake Champlain TMDL review and reopening) shall take effect July 1, 2008.

     Which was agreed to.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 7

Rep. Donahue of Northfield, for the committee on Human Services, to which had been referred Senate bill, entitled

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

Reported in favor of its passage in concurrence with proposal of amendment as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. chapter 86 is amended to read:

CHAPTER 86.  THERAPEUTIC USE OF CANNABIS

* * *

Subchapter 2.  Marijuana for Medical Symptom Use

by Persons with Severe Illness

§ 4472.  DEFINITIONS

For the purposes of this subchapter:

(1)  “Bona fide physician-patient relationship” means a treating or consulting relationship of not less than six months duration, in the course of which a physician has completed a full assessment of the registered patient’s medical history and current medical condition, including a personal physical examination.

(2)  “Debilitating medical condition,” provided that, in the context of the specific disease or condition described in subdivision (A) or (B) of this subdivision (2), reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms, means:

(A)  end of life care for cancer or acquired immune deficiency syndrome; or

(B)  cancer, acquired immune deficiency syndrome, positive status for human immunodeficiency virus, multiple sclerosis, or the treatment of these diseases or medical conditions if:

(i)  the disease or condition or its treatment results in severe, persistent, and intractable symptoms; and

(ii)  in the context of the specific disease or condition, reasonable medical efforts have been made over a reasonable amount of time without success in relieving the symptoms.

(A)  cancer, multiple sclerosis, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, or the treatment of these conditions, if the disease or the treatment results in severe, persistent, and intractable symptoms; or

(B)  a disease, medical condition, or its treatment that is chronic, debilitating, and produces severe, persistent, and one or more of the following intractable symptoms: cachexia or wasting syndrome; severe pain; severe nausea; or seizures.

(3)  “Marijuana” shall have the same meaning as provided in subdivision 4201(15) of this title.

(4)  “Physician” means a person who is:

(A)  licensed under chapter 23 or chapter 33 of Title 26, and is licensed with authority to prescribe drugs under Title 26; or

(B)  a physician, surgeon, or osteopathic physician licensed to practice medicine and prescribe drugs under comparable provisions in New Hampshire, Massachusetts, or New York.

(5)  “Possession limit” means the amount of marijuana collectively possessed between the registered patient and the patient’s registered caregiver which is no more than one two mature marijuana plant plants, two four immature plants, and two ounces of usable marijuana.

(6)  “Registered caregiver” means a person who is at least 21 years old who has never been convicted of a drug-related crime and who has agreed to undertake responsibility for managing the well-being of a registered patient with respect to the use of marijuana for symptom relief.

(7)  “Registered patient” means a person who has been issued a registration card by the department of public safety identifying the person as having a debilitating medical condition pursuant to the provisions of this subchapter.

(8)  “Secure indoor facility” means a building or room equipped with locks or other security devices that permit access only by a registered caregiver or registered patient.

(9)  “Usable marijuana” means the dried leaves and flowers of marijuana, and any mixture or preparation thereof, and does not include the seeds, stalks, and roots of the plant.

(10)  “Use for symptom relief” means the acquisition, possession, cultivation, use, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to alleviate the symptoms or effects of a registered  patient’s debilitating medical condition which is in compliance with all the limitations and restrictions of this subchapter.  For the purposes of this definition, “transfer” is limited to the transfer of marijuana and paraphernalia between a registered caregiver and a registered patient.

§ 4473.  REGISTERED PATIENTS; QUALIFICATION STANDARDS AND PROCEDURES

(a)  To become a registered patient, a person must be diagnosed with a debilitating medical condition by a physician in the course of a bona fide physician-patient relationship. 

(b)  The department of public safety shall review applications to become a registered patient using the following procedures:

(1)  A patient with a debilitating medical condition shall submit, under oath, a signed application for registration to the department.  If the patient is under the age of 18 the application must be signed by both the patient and a parent or guardian.  The application shall require identification and contact information for the patient and the patient’s registered caregiver applying for authorization under section 4474 of this title, if any.  The applicant shall attach to the application a copy of relevant portions of the patient’s medical record sufficient to establish that the patient has a debilitating medical condition medical verification form developed by the department pursuant to subdivision (2) of this subsection.

(2)  The department of public safety shall develop a medical verification form to be completed by a physician and submitted by a patient applying for registration in the program.  The form shall include:

(A)  A cover sheet which includes the following:

(i)  A statement of the penalties for providing false information.

(ii)  Definitions of the following statutory terms:

(I)  “Bona fide physician-patient relationship” as defined in subdivision 4472(1) of this title.

(II)  “Debilitating medical condition” as defined in subdivision 4472(2) of this title.

(III)  “Physician” as defined in subdivision 4472(4) of this title.

(B)  A verification sheet which includes the following:

(i)  A statement that a bona fide physician-patient relationship exists under subdivision 4472(1) of this title, or that under subdivision (3)(A) of this subsection (b) the debilitating medical condition is of recent or sudden onset, and the patient has not had a previous physician who is able to verify the nature of the disease and its symptoms.

(ii)  A statement that reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms.

(iii)  A statement that the patient has a debilitating medical condition as defined in subdivision 4472(2) of this title, including the specific disease or condition which the patient has and whether the patient meets the criteria under subdivision 4472(2)(A) or subdivision 4472(2)(B).

(iv)  A signature line which provides in substantial part: “I certify that I meet the definition of ‘physician’ under 18 V.S.A. § 4472(4)(A) or 4472(4)(B) (circle one), that I am a physician in good standing in the state of _______, and that the facts stated above are accurate to the best of my knowledge and belief.”

(v)  The physician’s contact information.  

(2)(3)(A) The department shall transmit the completed medical verification form to the physician and contact the physician him or her for purposes of verifying the existence of a bona fide physician-patient relationship and confirming the accuracy of the medical record information contained in the form.  The department may approve an application, notwithstanding the six-month requirement in subdivision 4472(1) of this title, if the department is satisfied that the medical verification form confirms that the debilitating medical condition is of recent or sudden onset and that the patient has not had a previous physician who is able to verify the nature of the disease and its symptoms.

(B)  If the physician is licensed in another state as provided by subdivision 4472(4)(B) of this title, the department shall contact the state’s medical practice board and verify that the physician is in good standing in that state.

(3)(4)  The department shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application.  If the application is approved, the department shall issue the applicant a registration card which shall include the registered patient’s name and photograph, as well as a unique identifier for law enforcement verification purposes under section 4474d of this title.

(4)(A)(5)(A)  A review board is established.  The medical practice board shall appoint three physicians licensed in Vermont to constitute the review board.  If an application under subdivision (1) of this subsection is denied, within seven days the patient may appeal the denial to the board.  Review shall be limited to information submitted by the patient under subdivision (1) of this subsection, and consultation with the patient’s treating physician.  All records relating to the appeal shall be kept confidential.  An appeal shall be decided by majority vote of the members of the board.

(B)  The board shall meet periodically to review studies, data, and any other information relevant to the use of marijuana for symptom relief.  The board may make recommendations to the general assembly for adjustments and changes to this chapter.

(C)  Members of the board shall serve for three-year terms, beginning February 1 of the year in which the appointment is made, except that the first members appointed shall serve as follows:  one for a term of two years, one for a term of three years, and one for a term of four years.  Members shall be entitled to per diem compensation authorized under section 1010 of Title 32.  Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.

§ 4474.  REGISTERED CAREGIVERS; QUALIFICATION STANDARDS
  AND PROCEDURES

(a)  A person may submit a signed application to the department of public safety to become a registered patient’s registered caregiver.  The department shall approve or deny the application in writing within 30 days.  The department shall approve a registered caregiver’s application and issue the person an authorization card, including the caregiver’s name, photograph, and a unique identifier, after verifying:

(1)  the person will serve as the registered caregiver for one registered patient only; and

(2)  the person has never been convicted of a drug‑related crime.

(b)  Prior to acting on an application, the department shall obtain from the Vermont criminal information center a Vermont criminal record, an out-of-state criminal record, and a criminal record from the Federal Bureau of Investigation for the applicant.  For purposes of this subdivision, “criminal record” means a record of whether the person has ever been convicted of a drug-related crime.  Each applicant shall consent to release of criminal records to the department on forms substantially similar to the release forms developed by the center pursuant to section 2056c of Title 20.  The department shall comply with all laws regulating the release of criminal history records and the protection of individual privacy.  The Vermont criminal information center shall send to the requester any record received pursuant to this section or inform the department of public safety that no record exists.  If the department disapproves an application, the department shall promptly provide a copy of any record of convictions and pending criminal charges to the applicant and shall inform the applicant of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Vermont criminal information center.  No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter.

(c)  A registered caregiver may serve only one registered patient at a time, and a registered patient may have only one registered caregiver at a time.

§ 4474a.  REGISTRATION; FEES

(a)  The department shall collect a fee of $100.00 $50.00 for the application authorized by sections 4473 and 4474 of this title.  The fees received by the department shall be deposited into a registration fee fund and used to offset the costs of processing applications under this subchapter.

(b)  A registration card shall expire one year after the date of issue, with the option of renewal, provided the patient submits a new application which is approved by the department of public safety, pursuant to sections section 4473 or 4474 of this title, and pays the fee required under subsection (a) of this section.

* * *

Rep. Aswad of Burlington, for the committee on Ways and Means, recommended the bill ought to pass in concurrence when amended as recommended by the committee on Human Services.

Rep. Lippert of Hinesburg, for the committee on Judiciary, recommended the bill ought to pass in concurrence when amended as recommended by the committee on Human Services.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the report of the committees on Human Services, Ways and Means and Judiciary agreed to and third reading ordered.

Third Reading; Bill Passed in Concurrence

With Proposal of Amendment

S. 93

Senate bill, entitled

An act relating to miscellaneous changes to education law;

Was taken up, read the third time and passed in concurrence with proposal of amendment.

Bills Messaged to Senate Forthwith

On motion of Rep. Adams of Hartland, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:

S. 93

Senate bill, entitled

An act relating to miscellaneous changes to education law;

H. 521

     House bill, entitled

     An act relating to miscellaneous substantive tax amendments;

H. 154

     House bill, entitled

     An act relating to stormwater management;

Proposal of Amendment Agreed to; Third Reading Ordered

S. 51

Rep. Lippert of Hinesburg, for the committee on Judiciary, to which had been referred Senate bill, entitled

An act relating to prohibiting discrimination on the basis of gender identity;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

First:  In Sec. 18, 21 V.S.A. § 495, by striking out subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:

(g)  Notwithstanding any provision of this subchapter, an employer shall not be prohibited from establishing and enforcing reasonable workplace policies to address matters related to employees’ gender identity, including permitting an employer to establish a reasonable dress code for the workplace. 

Second:  By striking out Sec. 18a in its entirety and inserting in lieu thereof a new Sec. 18a to read as follows:

Sec. 18a.  LEGISLATIVE INTENT

(a)  It is the intent of the general assembly that 21 V.S.A. § 495(g) shall not be used as a pretext for an employer to enact workplace policies that deny an individual the protections afforded under this subchapter.

(b)  It is the intent of the general assembly that this act shall not require the offer of or coverage for additional health benefits under any insurance policy or certificate, subscriber contract, or employee health benefit plan.  This act shall not be interpreted to reduce any rights to health benefits that may be available under other law.

The bill, having appeared on the Calendar one day for notice, was taken up and read the second time.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary? Rep. Lorber of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number.  The Clerk proceeded to call the roll and the question, Shall the House propose to the Senate to amend the bill as recommended by the committee on Judiciary?  was decided in the affirmative.  Yeas, 113.  Nays, 21.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ancel of Calais

Andrews of Rutland City

Audette of S. Burlington

Barnard of Richmond

Bissonnette of Winooski

Bostic of St. Johnsbury

Botzow of Pownal

Branagan of Georgia

Bray of New Haven

Browning of Arlington

Chen of Mendon

Cheney of Norwich

Clarkson of Woodstock

Clerkin of Hartford

Condon of Colchester

Consejo of Sheldon

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Devereux of Mount Holly

Donahue of Northfield

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fisher of Lincoln

Fitzgerald of St. Albans City

Frank of Underhill

French of Randolph

Gervais of Enosburg

Gilbert of Fairfax

Godin of Milton

Grad of Moretown

Haas of Rochester

Head of S. Burlington

Heath of Westford

Hosford of Waitsfield

Howard of Rutland City

Howrigan of Fairfield

Hube of Londonderry

Hunt of Essex

Jerman of Essex

Jewett of Ripton

Johnson of South Hero

Keenan of St. Albans City

Keogh of Burlington

Kilmartin of Newport City

Kitzmiller of Montpelier

Klein of East Montpelier

Komline of Dorset

Kupersmith of S. Burlington

Larson of Burlington

Lawrence of Lyndon

Lenes of Shelburne

Leriche of Hardwick

Lippert of Hinesburg

Livingston of Manchester

Lorber of Burlington

Maier of Middlebury

Malcolm of Pawlet

Manwaring of Wilmington

Marcotte of Coventry

Marek of Newfane

Martin, C. of Springfield

Martin of Wolcott

Masland of Thetford

McCormack of Rutland City

McCullough of Williston

McDonald of Berlin

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Morley of Barton

Mrowicki of Putney

Myers of Essex

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

O'Donnell of Vernon

Ojibway of Hartford

Orr of Charlotte

Oxholm of Vergennes

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Scheuermann of Stowe

Shand of Weathersfield

Sharpe of Bristol

Shaw of Derby

Smith of Morristown

Stevens of Shoreham

Sweaney of Windsor

Valliere of Barre City

Westman of Cambridge

Weston of Burlington

Wheeler of Derby

Wright of Burlington

Zenie of Colchester

Zuckerman of Burlington


Those who voted in the negative are:


Allard of St. Albans Town

Baker of West Rutland

Canfield of Fair Haven

Clark of St. Johnsbury

Clark of Vergennes

Corcoran of Bennington

Donaghy of Poultney

Fallar of Tinmouth

Flory of Pittsford

Helm of Castleton

Hudson of Lyndon

Johnson of Canaan

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

McAllister of Highgate

Peaslee of Guildhall

Sunderland of Rutland Town

Turner of Milton

Winters of Williamstown


Those members absent with leave of the House and not voting are:


Ainsworth of Royalton

Anderson of Montpelier

Aswad of Burlington

Atkins of Winooski

Brennan of Colchester

Errecart of Shelburne

Hutchinson of Randolph

Koch of Barre Town

McFaun of Barre Town

Monti of Barre City

Morrissey of Bennington

Otterman of Topsham

Pillsbury of Brattleboro

Spengler of Colchester

Trombley of Grand Isle


 

     Thereupon, third reading was ordered.

Rules Suspended; Bill Read Third Time and Passed; Rules Suspended; Bill Ordered Messaged to the Senate Forthwith

H. 547

House bill entitled

An act relating to fiscal year 2007 supplemental appropriations;

On motion of Rep. Adams of Hartland, the rules were suspended and the bill placed on all remaining stages of passage.  The bill was read the third time and passed and, on motion of Rep. Adams of Hartland the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 82

Rep. Sunderland of Rutland Town, for the committee on Commerce, to which had been referred Senate bill, entitled

An act relating to the use of Vermont addresses and representations of Vermont origins;

Reported in favor of its passage in concurrence with proposal of amendment as follows:

Sec. 2.  10 V.S.A. § 7105(e)(1)(J) is amended to read:

(J)  A mercury-added neon type sign or lamp.

Sec. 3.  10 V.S.A. § 7106(i)(3) is amended to read:

(3)(A)(i)  Labeling of products that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for one or more of the purposes enumerated in this subdivision shall meet all the requirements of subsections (a) through (f) of this section, except no label is required on the internal lamp, no label is required on the package, and no label is required to be visible prior to purchase.  A label must be included in the care and use manual or product instructions, if any in the event that no care and use manual is produced for the product, the product instructions.

(i)  Lamp purposes subject to this subdivision shall be:

(I)  backlighting;

(II)  liquid crystal display (LCD) panel;

(III)  scanning images; or

(IV)  copying images.

(ii)  This subdivision (A) shall apply to products containing lamps used for other purposes, if those products are approved under subsection (h) of this section, except that there need not be compliance in this instance with the requirement established in subdivision (h)(1)(A)(ii), regarding the effectiveness of the proposed alternative.

(B)  Labeling of products with a screen or LCD panel less than seven inches on the diagonal that contain, as their only mercury-added components, one or more lamps not intended to be replaceable by the user or consumer that are used for backlighting shall meet all the requirements of subsections (a) through (c) of this section by placing the label on the product or in the care and use manual or product instructions, if any in the event that no care and use manual is produced for the product, the product instructions.  No label is required on the internal lamp, and no label shall be required to be visible prior to purchase.

(C)  Labeling of a product that contains as its only mercury-added components a lamp or lamps at least one of which is intended to be replaceable by the user or consumer must meet the labeling requirements of subsections (a) through (f) of this section, except no label is required to be visible prior to purchase. A label must also be included in the care and use manual or product instructions, if any in the event that no care and use manual is produced for the product, the product instructions. If the replaceable lamp is placed within a housing intended to be replaceable by the user or consumer, the housing must also be labeled.

(D)  Labeling of replacement components for products in subdivision (A) or (B) of this subdivision (3) shall meet all the requirements of subsections (a) through (f) of this section by labeling the package on the replacement component.

Sec. 4.  ELECTRONICS LABELING

(a)  Notwithstanding the labeling requirements contained in subsection

7106(a) of Title 10, the following products shall not be offered for final sale,  sold at a final sale, or distributed in Vermont on or after October 1, 2007,  unless both the product and its packaging are labeled in accordance with  section 7106 of Title 10:

(1)  A product that was manufactured on or after October 1, 2007 with a screen or an LCD panel more than seven inches on the diagonal that contains, as its only mercury-added component, one or more lamps not intended to be replaceable by the user or consumer; or

(2)  A product that was manufactured on or after October 1, 2007 that  contains as its only mercury-added component a replaceable lamp that is  placed within a housing intended to be replaceable by the user or consumer used in a projection system or projection television; or

(3)  A product that was manufactured on or after October 1, 2007 that contains as its only mercury-added component, one or more nonreplaceable  or nonremovable mercury-added lamps used for backlighting, LCD panels,  scanning images or copying images.

(b)  The requirement of subsection (a) of this section may also be met by compliance with the terms of any approved alternative labeling method granted under subsection 7106(h) or (i) of Title 10.

(c)  A retailer may not be found in violation of this section if the retailer lacked knowledge that the product contained mercury.

Sec. 5.  EFFECTIVE DATE; REPEAL

(a)  This act shall be effective upon passage.

(b)  Sec. 4 of this act shall be repealed on July 1, 2008.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposal of amendment agreed to and third reading ordered.

Rules Suspended; Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed;

Rules Suspended Bill Messaged to Senate Forthwith

H. 537

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Adams of Hartland,  the rules were suspended and House bill, entitled

An act relating to making appropriations for the support of government;

Was taken up for immediate consideration.

     The Senate proposed to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  SHORT TITLE

     (a)  This bill may be referred to as the BIG BILL - Fiscal Year 2008 Appropriations Act.

Sec. 2.  PURPOSE

     (a)  The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2008.  It is the express intent of the general assembly 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, 2007.  Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2008 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.

Sec. 3.  APPROPRIATIONS

     (a)  It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2008.

     (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, 2008. 

     (d)  The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly.  Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.

Sec. 4.  DEFINITIONS

     (a)  For the purposes of this act:

          (1)  "Encumbrances" means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts.  The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.

          (2)  "Grants" means subsidies, aid or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.

          (3)  "Operating expenses" means property management, repair and maintenance, rental expenses, insurance, postage, travel, energy and utilities, office and other supplies, equipment including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.

          (4)  "Personal services" means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.

Sec. 5.  Secretary of administration - secretary's office

                   Personal services                                           792,281

                   Operating expenses                                         46,494

                   Grants                                                           150,000

                        Total                                                        988,775

               Source of funds                                                               

                   General fund                                                  769,743

                   Interdepartmental transfer                              219,032

                        Total                                                        988,775

     (a)  Of the above 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, the portion of the fiscal year 2007 RMP grant appropriation that was allocated to those RMPs which had not had their fiscal year 2007 grant plans submitted by May 1, 2007 shall be carried forward to fiscal year 2008 to be added to the amount available for the fiscal year 2008 competitive grants.

     (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 award of the fiscal year 2008 grants, RMPs shall submit appropriately documented expenses, consistent with the approved grants, to the state for reimbursement.

     (d)  The establishment of one (1) new full-time exempt position – program director – is authorized in fiscal year 2008.  This position shall be transferred and converted from existing vacant positions in the executive branch of state government.  

Sec. 5a.  PROCTOR CANNON

     (a)  This section is intended to clarify the status of the historic Proctor Cannon.  The cannon is owned by the state of Vermont, and has been used, maintained and stored by the 2nd Battery Vermont Light Artillery since 1977.  The secretary of administration in consultation with the Vermont historical society shall obtain an independent assessment as to the current value and condition of the cannon and whether it can be safely used.  A copy of the assessment report shall be provided to the senate committee on appropriations.  The secretary of administration or designee on behalf of the state shall enter into an agreement with the 2nd Battery Vermont Light Artillery that allows the organization to continue to safely use, maintain, and store the cannon.  The 2nd Battery Vermont Light Artillery shall be required to maintain the cannon at its currently assessed condition level and shall maintain adequate and appropriate levels of insurance for use, maintenance, and storage of the cannon.  The agreement shall last for a period of five years and shall be extended for additional periods of five years as long as conditions above are met.  Should the 2nd Battery Vermont Light Artillery organization disband or decline to extend the agreement, the secretary shall take possession of the cannon and make a recommendation to the legislature as to the future home of the cannon.

Sec. 6.  GENERAL FUND REDUCTION

     (a)  The secretary of administration is directed to reduce operating expense appropriations by $155,814 in general funds throughout the executive branch of state government.  It is the intent of the general assembly that all or a majority of this funding reduction shall result from lower in-state travel expenses.  The administration shall continue to encourage departments and agencies to utilize Vermont interactive television for meetings.  The secretary shall report to the joint fiscal committee in November of 2007 on the in-state travel or other operating expense reductions made as a result of this provision.

Sec. 7.  EXEMPT POSITION REDUCTION AND VACANCY SAVINGS

     (a)  The secretary of administration shall achieve $500,000 in general fund savings in the executive branch of state government in fiscal year 2008 through the elimination of exempt positions, or leaving exempt positions vacant.

     (b)  No exempt positions may be created or transferred and converted from the position pool within the executive branch of government during fiscal year  2008 unless said positions have been approved by the general assembly or, when the general assembly is not in session, by the legislative joint fiscal committee at a scheduled meeting.

     (c)  The commissioner of human resources shall submit reports to the joint fiscal committee total positions available in the position pool ten days prior to its July and September meetings and any recommendations for reducing the total authorized positions in state government.  The committee may recommend a cap on pool positions for fiscal year 2008.

Sec. 8.  PAY ACT FUNDING

     (a)  The commissioner of finance and management shall submit a preliminary plan to the joint fiscal committee at its September/October 2007 meeting on levels of funding for pay act for fiscal year 2008 funding.  The report shall outline the funds available and any additional offsets the secretary is planning to offer to meet pay act requirements.

     (b)  At the November meeting of the joint fiscal committee the commissioner shall submit the following report:

          (1)  The allocation by department and section from the fiscal year 2008 pay act appropriation and the appropriation for pay act needs in section 274 of this act and any other offsets to meet pay act needs;

          (2)  The source of funds and the specific percentage of need being met in each department from the allocation;

          (3)  Any proposed transfers between departments to meet pay act needs;

          (4)  A summary of fiscal impacts by department in fiscal year 2008 due to a) shortfalls in pay act funds and b) added assessments internal service funds;

          (5)  A preliminary assessment of the administration’s intention to meet departmental pay act expense roll outs for fiscal year 2009.

     (c)  Notwithstanding any other provision of law to the contrary, the annual salary of any state employee who is not covered by the most recent collective bargaining agreement and who is entitled to an annual salary that exceeds $90,000 prior to the effective date of this act, shall only be increased by 2.25 percent.  The secretary of administration shall redistribute the savings produced by this subsection in an equitable manner to state employees whose base hourly rate is below the livable wage as determined by the joint fiscal office.

Sec. 9.  Information and innovation - communications and information technology

                   Personal services                                        4,560,326

                   Operating expenses                                       864,490

                   Grants                                                           450,000

                        Total                                                     5,874,816

               Source of funds                                                               

                   General fund                                                  115,000

                   Internal service funds                                  5,759,816

                        Total                                                     5,874,816

     (a)  Of the above appropriation, $450,000 is for a grant to the Vermont telecommunications authority created by H.248 of 2007.

Sec. 10  Finance and management - budget and management

                   Personal services                                           996,256

                   Operating expenses                                       222,509

                        Total                                                     1,218,765

               Source of funds                                                               

                   General fund                                                  980,379

                   Interdepartmental transfer                              238,386

                        Total                                                     1,218,765

Sec. 11.  Finance and management - financial operations

                   Personal services                                        2,591,225

                   Operating expenses                                    1,161,363

                        Total                                                     3,752,588

               Source of funds                                                               

                   Special funds                                                   70,903

                   Internal service funds                                  3,681,685

                        Total                                                     3,752,588

     (a)  Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $5,325,761, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, are hereby approved.  Of this amount, $1,050,860, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, will be used to support the HCM system that is operated by the department of human resources information technology division and $593,216, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, will be used to support the human resources payroll division. 

Sec. 12.  Human resources - operations

                   Personal services                                        2,322,655

                   Operating expenses                                       317,750

                        Total                                                     2,640,405

               Source of funds                                                               

                   General fund                                               1,619,098

                   Internal service funds                                     593,216

                   Interdepartmental transfer                              428,091

                        Total                                                     2,640,405

Sec. 13.  Human resources - HR workforce planning & employment services

                   Personal services                                           777,332

                   Operating expenses                                       391,800

                        Total                                                     1,169,132

               Source of funds                                                               

                   General fund                                                  871,371

                   Special funds                                                 297,761

                        Total                                                     1,169,132

Sec. 14.  Human resources - information technology

                   Personal services                                           555,946

                   Operating expenses                                       494,914

                        Total                                                     1,050,860

               Source of funds                                                               

                   Internal service funds                                  1,050,860

Sec. 15.  Human resources - employee benefits & wellness

                   Personal services                                        1,554,782

                   Operating expenses                                       372,323

                        Total                                                     1,927,105

               Source of funds                                                               

                   Internal service funds                                  1,927,105

Sec. 16.  Libraries

                   Personal services                                        2,039,226

                   Operating expenses                                    1,645,315

                   Grants                                                             70,000

                        Total                                                     3,754,541

               Source of funds                                                               

                   General fund                                               2,506,583

                   Special funds                                                 298,584

                   Federal funds                                                860,814

                   Interdepartmental transfer                                88,560

                        Total                                                     3,754,541

Sec. 17.  Tax - administration/collection

                   Personal services                                      12,058,379

                   Operating expenses                                    2,887,532

                        Total                                                   14,945,911

               Source of funds                                                               

                   General fund                                             14,060,178

                   Special funds                                                 625,733

                   Tobacco fund                                                  58,000

                   Interdepartmental transfer                              202,000

                        Total                                                   14,945,911

Sec. 18.  Buildings and general services - administration

                   Personal services                                        1,936,700

                   Operating expenses                                       333,161

                        Total                                                     2,269,861

               Source of funds                                                               

                   Interdepartmental transfer                           2,269,861

     (a)  The commissioner of the department of buildings and general services and the commissioner of the department of health in collaboration with the Vermont state employees' association shall develop a protocol for identifying and addressing current and potential health hazards in state office buildings.  This protocol shall be submitted to the house and senate committees on institutions and the house committee on general, housing and military affairs and the senate committee on economic development, housing and general affairs for their review by January 15, 2008.  As part of this protocol, a method shall be devised to keep the general assembly informed about sick building complaints.

Sec. 19.  Buildings and general services - engineering

                   Personal services                                        1,926,241

                   Operating expenses                                       440,200

                        Total                                                     2,366,441

               Source of funds                                                               

                   General fund                                               2,321,441

                   Interdepartmental transfer                                45,000

                        Total                                                     2,366,441

Sec. 20.  Buildings and general services - information centers

                   Personal services                                        3,507,600

                   Operating expenses                                    1,402,188

                   Grants                                                             47,300

                        Total                                                     4,957,088

               Source of funds                                                               

                   General fund                                               4,957,088

Sec. 21.  Buildings and general services - purchasing

                   Personal services                                           673,400

                   Operating expenses                                       202,657

                        Total                                                        876,057

               Source of funds                                                               

                   General fund                                                  876,057

Sec. 22.  Buildings and general services - public records

                   Personal services                                           847,200

                   Operating expenses                                       638,143

                        Total                                                     1,485,343

               Source of funds                                                               

                   General fund                                               1,174,083

                   Special funds                                                 311,260

                        Total                                                     1,485,343

Sec. 23.  Buildings and general services - postal services

                   Personal services                                           645,800

                   Operating expenses                                       205,155

                        Total                                                        850,955

               Source of funds                                                               

                   General fund                                                    20,000

                   Internal service funds                                     830,955

                        Total                                                        850,955

Sec. 24.  Buildings and general services - copy center

                   Personal services                                           722,315

                   Operating expenses                                       237,800

                        Total                                                        960,115

               Source of funds                                                               

                   Internal service funds                                     960,115

Sec. 25.  Buildings and general services - fleet management services

                   Personal services                                           468,000

                   Operating expenses                                       188,820

                        Total                                                        656,820

               Source of funds                                                               

                   Internal service funds                                     656,820

Sec. 26.  Buildings and general services - federal surplus property

                   Personal services                                             62,327

                   Operating expenses                                         83,919

                        Total                                                        146,246

               Source of funds                                                               

                   Enterprise funds                                             146,246

Sec. 27.  Buildings and general services - state surplus property

                   Personal services                                             60,341

                   Operating expenses                                         74,196

                        Total                                                        134,537

               Source of funds                                                               

                   Internal service funds                                     134,537

Sec. 28.  Buildings and general services - property management

                   Personal services                                        1,244,300

                   Operating expenses                                    2,917,817

                        Total                                                     4,162,117

               Source of funds                                                               

                   Internal service funds                                  4,162,117

     (a)  The department of buildings and general services and the Caledonia county side judges shall work together to determine a rental rate for the county use of the St. Johnsbury courthouse space that is mutually acceptable.    

Sec. 29.  Buildings and general services - workers' compensation insurance

                   Personal services                                        1,199,838

                   Operating expenses                                       421,200

                        Total                                                     1,621,038

               Source of funds                                                               

                   Internal service funds                                  1,621,038

     (a)  Pursuant to 32 V.S.A. § 307(e), workers' compensation fund charges not to exceed $8,554,885 are hereby approved.

Sec. 30.  Buildings and general services - general liability insurance

                   Personal services                                           269,723

                   Operating expenses                                         83,800

                        Total                                                        353,523

               Source of funds                                                               

                   Internal service funds                                     353,523

Sec. 31.  Buildings and general services - all other insurance

                   Personal services                                             81,300

                   Operating expenses                                         34,628

                        Total                                                        115,928

               Source of funds                                                               

                   Internal service funds                                     115,928

Sec. 32.  Buildings and general services - fee for space

                   Personal services                                      11,047,932

                   Operating expenses                                  10,029,702

                        Total                                                   22,077,634

               Source of funds                                                               

                   Internal service funds                                22,077,634

     (a)  Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $22,077,634, plus the costs of fiscal year 2008 salary increases bargained as part of the state/VSEA agreement, are hereby approved.

     (b)  The commissioner shall prepare an analysis of the fee-for-space program with the objective of determining appropriate rates to charge departments that use state-owned buildings.  The department shall conduct a pilot project that will analyze the cost associated with operating state-owned, noncorrectional buildings in the cities of Newport, Rutland, and Springfield.  The analysis shall take into account the actual cost incurred by the state of operating the building, utilities, maintenance, and any other relevant cost.  Local market rates for rental properties shall also be considered.  The analysis shall assess the energy usage at each site and identify any energy efficiency measures that could be accomplished, consistent with the state’s effort to operate energy efficient buildings and include any specific recommendations as to how fee-for-space charges and employee incentives could be designed to provide incentives for energy efficiency.  The analysis and any accompanying recommendations and proposed rates for fiscal year 2009 shall be presented to the joint fiscal committee at its September meeting for review.  

     (c)  The department shall charge the department of fish and wildlife no more than $15,000 for the use of the cold storage facility in Essex Junction during fiscal year 2008. 

Sec. 33.  Geographic information system

                   Grants                                                           430,210

               Source of funds                                                               

                   Special funds                                                 430,210

Sec. 34.  Executive office - governor's office

                   Personal services                                        1,290,419

                   Operating expenses                                       363,028

                        Total                                                     1,653,447

               Source of funds                                                               

                   General fund                                               1,469,970

                   Interdepartmental transfer                              183,477

                        Total                                                     1,653,447

Sec. 35.  Executive office - national and community service

                   Personal services                                           187,996

                   Operating expenses                                       126,191

                   Grants                                                        1,357,662

                        Total                                                     1,671,849

               Source of funds                                                               

                   General fund                                                    56,528

                   Federal funds                                             1,615,321

                        Total                                                     1,671,849

Sec. 36.  Legislative council

                   Personal services                                        1,924,939

                   Operating expenses                                       153,500

                        Total                                                     2,078,439

               Source of funds                                                               

                   General fund                                               2,078,439

Sec. 37.  Legislature

                   Personal services                                        3,904,123

                   Operating expenses                                    2,899,885

                        Total                                                     6,804,008

               Source of funds                                                               

                   General fund                                               6,804,008

     (a)  Of the above appropriation, $450,000 shall be available for fiscal year 2008 expenditures of the health care reform commission created pursuant to 2  V.S.A. § 901.  The health care information technology consultant paid for within this appropriation shall be jointly selected and supervised by the health care reform commission and the chairs of the house and senate committees on appropriations.

Sec. 38.  Legislative information technology

                   Personal services                                           404,005

                   Operating expenses                                       217,253

                        Total                                                        621,258

               Source of funds                                                               

                   General fund                                                  621,258

Sec. 39.  Joint fiscal committee

                    Personal services                                        1,176,259

                   Operating expenses                                         94,509

                        Total                                                     1,270,768

               Source of funds                                                               

                   General fund                                               1,270,768

     (a)  The establishment  of one (1) new full-time exempt position – fiscal analyst - is authorized in fiscal year 2008.  This position shall be converted from the temporary research assistant position. 

     (b)  Effective June 24, 2007, the interim Medicaid Analyst position (# 117017) shall be transferred to the Health Care Reform Commission as a full-time exempt position. 

Sec. 40.  Sergeant at arms

                   Personal services                                           518,079

                   Operating expenses                                         68,292

                        Total                                                        586,712

               Source of funds                                                               

                   General fund                                                  586,371

Sec. 41.  Lieutenant governor

                   Personal services                                           137,937

                   Operating expenses                                         16,775

                        Total                                                        154,712

               Source of funds                                                               

                   General fund                                                  154,712

Sec. 42.  Auditor of accounts

                   Personal services                                        2,951,103

                   Operating expenses                                       142,030

                        Total                                                     3,093,133

               Source of funds                                                               

                   General fund                                                  524,568

                   Special funds                                                   54,431

                   Internal service funds                                  2,514,134

                        Total                                                     3,093,133

     (a)  On or before February 15 of each calendar year, the state auditor of accounts shall report to the house and senate committees on appropriations findings and issues arising from audit reports.  Those agencies and departments that have audit issues shall present a plan to the house and senate committees on appropriations for addressing these issues.

Sec. 43.  State treasurer

                   Personal services                                        2,316,050

                   Operating expenses                                       354,787

                   Grants                                                           100,000

                        Total                                                     2,770,837

               Source of funds                                                               

                   General fund                                               1,130,214

                   Special funds                                              1,542,265

                   Private purpose trust funds                               98,358

                        Total                                                     2,770,837

     (a)  Of the above general fund appropriation, $50,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541, and $50,000 shall be deposited into the emergency personnel survivors benefit special fund established in 20 V.S.A. § 3175. 

Sec. 44.  FISCAL YEAR 2008 FUND REVERSION

     (a)  Of the general funds appropriated to the state treasurer, $70,000 shall revert to the general fund.  This reversion shall be composed of $20,000 because there is an available balance in the armed services scholarship fund and $50,000 because there is an available balance in the emergency personnel survivors benefit special fund.

Sec. 45.  State treasurer - unclaimed property

                   Personal services                                           627,773

                   Operating expenses                                       271,467

                        Total                                                        899,240

               Source of funds                                                               

                   Private purpose trust funds                             899,240

Sec. 46.  Vermont state retirement system

                   Personal services                                      23,139,549

                   Operating expenses                                       758,596

                        Total                                                   23,898,145

               Source of funds                                                               

                   Pension trust funds                                    23,898,145

Sec. 46a .  3 V.S.A. § 473(d) is amended to read:

     (d)  Contributions of state. As provided by law, the retirement board shall certify to the governor or governor-elect a statement of the percentage of the payroll of all members sufficient to fund all operating expenses of the Vermont state retirement system, except for investment fees, which will be paid for from the corpus of the Vermont state retirement system, and all contributions of the state which will become due and payable during the next biennium.  The contributions of the state shall be charged to the departmental appropriation from which members' salaries are paid and shall be included in each departmental budgetary request.

Sec. 47.  Municipal employees' retirement system

                   Personal services                                        1,616,396

                   Operating expenses                                       398,293

                        Total                                                     2,014,689

               Source of funds                                                               

                   Pension trust funds                                      2,014,689

Sec. 48.  State labor relations board

                   Personal services                                           171,500

                   Operating expenses                                         38,718

                        Total                                                        210,218

               Source of funds                                                               

                   General fund                                                  204,348

                   Special funds                                                     5,870

                        Total                                                        210,218

Sec. 49.  VOSHA review board

                   Personal services                                             32,052

                   Operating expenses                                           8,330

                        Total                                                          40,382

               Source of funds                                                               

                   General fund                                                    20,192

                   Federal funds                                                  20,190

                        Total                                                          40,382

Sec. 50.  Use tax reimbursement fund - municipal current use

                   Grants                                                        8,861,267

               Source of funds                                                               

                   General fund                                               8,861,267

Sec. 50a. Tax department - municipal tax - homeowner rebate  

                   Grants                                                         6,506,140

               Source of funds                                                               

                   General fund                                                6,506,140

     (a)  The appropriation in fiscal year 2008 from the general fund for municipal homeowner rebates shall be added to the funds advanced to towns on July 1, 2007 under section 288(a) of this act.

Sec. 50b. 32 V.S.A. § 6066a(g) is added to read:

     (g)  Annually, on August 1 and on September 15, the commissioner of taxes shall pay to each municipality the amount of property tax adjustment of which the municipality was notified on July 1 for the August 1 transfer, or September 15 for the September 15 transfer, related to municipal property tax on homesteads within that municipality, as determined by the commissioner of taxes.

Sec. 51.  Lottery commission

                   Personal services                                        1,458,511

                   Operating expenses                                    1,069,761

                        Total                                                     2,528,272

               Source of funds                                                               

                   Enterprise funds                                          2,528,272

     (a)  The lottery commission shall transfer $150,000 to the department of health, office of alcohol and drug abuse programs to support the gambling addiction program. 

     (b)  The Vermont state lottery shall provide assistance and work with the Vermont council on problem gambling on systems and program development. 

Sec. 52.  Payments in lieu of taxes

                   Grants                                                        3,450,000

               Source of funds                                                               

                   General fund                                                    50,000

                   Special funds                                              3,400,000

                        Total                                                     3,450,000

     (a)  The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.

     (b)  In the event that a local option tax is not implemented in the city of South Burlington in fiscal year 2008 the above special fund appropriation shall be reduced by $200,000. 

Sec. 53.  Payments in lieu of taxes - Montpelier

                   Grants                                                           184,000

               Source of funds                                                               

                   General fund                                                  184,000

Sec. 54.  Payments in lieu of taxes - correctional facilities

                   Grants                                                             40,000

               Source of funds                                                               

                   General fund                                                    40,000

Sec. 55.  Total general government                             149,468,172

               Source of funds                                                               

                   General fund                                             60,177,990

                   Special funds                                              7,037,017

                   Tobacco fund                                                  58,000

                   Federal funds                                             2,496,325

                   Enterprise funds                                          2,674,518

                   Internal service funds                                46,439,483

                   Pension trust funds                                    25,912,834

                   Private purpose trust funds                             997,598

                   Interdepartmental transfer                           3,674,407

                        Total                                                 149,468,172

Sec. 56.  Protection to persons and property - attorney general

                   Personal services                                        7,094,267

                   Operating expenses                                    1,069,612

                        Total                                                     8,163,879

               Source of funds                                                               

                   General fund                                               4,530,747

                   Special funds                                              1,100,000

                   Tobacco fund                                                290,000

                   Federal funds                                                763,000

                   Interdepartmental transfer                           1,480,132

                        Total                                                     8,163,879

     (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)  The attorney general and the secretary of administration shall report to the senate and house committees on appropriations and judiciary by January 15, 2008 on the number of attorneys employed by the state of Vermont outside the criminal justice system and the nature of each attorney position identified.  The report shall:

          (1)  identify the agency of state government for which each attorney works and provides services;

          (2)  describe for each position whether the attorney is a staff attorney employed by the agency, an assistant attorney general employed by the attorney general while providing services to the agency, a contract attorney, or an attorney of some other status;

          (3)  identify and recommend cost savings that could be realized through changing the status of some or all of the identified attorney positions to staff attorneys, assistant attorneys general, contract attorneys, or some other status.  

     (c)  Sums payable to the state of Vermont, as a consequence of settlement of a dispute with Purdue Pharma L.P. and related companies due to marketing practices shall be deposited into the Fees and Reimbursements Court Order special fund.  The secretary of administration is authorized and requested to approve excess receipts authority from the fund due to these or other receipts under 32 V.S.A. §511 with the receipts to be used as follows:

          (1)  Up to $500,000 shall be appropriated as necessary for payment of legal costs and charges arising from settlements of completed legal actions.

          (2)  Up to $1,000,000 as necessary  shall be transferred and appropriated to the department of buildings and general services which shall be used in addition to funds provided in the fiscal year 2008 capital construction bill to renovate space at the Pavilion Office Building at 109 State Street for the office of the attorney general.

     (d)  An amount not to exceed the amount available in other short term general fund reserves is appropriated to the attorney general for payment of legal costs and charges arising from settlements of completed legal actions. 

Sec. 57.  Vermont court diversion

                   Grants                                                        1,604,534

               Source of funds                                                               

                   General fund                                               1,204,534

                   Special funds                                                 400,000

                        Total                                                     1,604,534

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

Sec. 58.  Defender general - public defense

                   Personal services                                        6,270,658

                   Operating expenses                                       768,028

                         Total                                                     7,038,686

               Source of funds                                                               

                   General fund                                               6,681,219

                   Special funds                                                 352,467

                   Interdepartmental transfer                                  5,000

                        Total                                                     7,038,686

Sec. 59.  Defender general - assigned counsel

                   Personal services                                        2,889,376

                   Operating expenses                                         77,909

                        Total                                                     2,967,285

               Source of funds                                                               

                   General fund                                               2,692,021

                   Special funds                                                 275,264

                        Total                                                     2,967,285

Sec. 60.  Judiciary

                   Personal services                                      26,882,091

                   Operating expenses                                    8,048,252

                   Grants                                                             70,000

                        Total                                                   35,000,343

               Source of funds                                                               

                   General fund                                             30,267,034

                   Special funds                                              2,335,772

                   Tobacco fund                                                  40,000

                   Federal funds                                                414,327

                   Interdepartmental transfer                           1,943,210

                        Total                                                   34,000,343

     (a)  The judiciary shall report to the joint fiscal committee at its November 2007 meeting on the status of collections of fines and penalties.

     (b)  At the end of fiscal year 2007, any unexpended balance of the appropriation made in Sec. 70(f )(4) of No. 93 of the Acts of 2006 as amended in Sec. 272 of No. 215 of the Acts of 2006 shall be deposited into the court technology special fund established in 4 V.S.A. § 27.

Sec. 61.  4 V.S.A. § 27 is added 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 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. 62.  13 V.S.A. § 7252 is amended to read:

§ 7252.  Fines and penalties payable to state

All fines collected in prosecutions for offenses or for the breach of a penal law, forfeitures, and penalties received by the district or superior court or by the judicial bureau, except as provided in section 7251 of this title, shall belong and be paid to the state, except for a $12.50 administrative charge for each offense or violation where a fine or penalty is assessed.  The administrative charge shall be deposited in the court technology special fund established pursuant to 4 V.S.A. § 27.

Sec. 63.  State's attorneys

                   Personal services                                        9,018,830

                   Operating expenses                                    1,214,714

                        Total                                                   10,233,544

               Source of funds                                                               

                   General fund                                               7,975,299

                   Special funds                                                 151,097

                   Federal funds                                                  25,000

                   Interdepartmental transfer                            2,082,148

                        Total                                                   10,233,544

Sec. 64.  Special investigative unit

                   Grants                                                           453,000

               Source of funds                                                               

                   General fund                                                  363,000

                   Special funds                                                   90,000

                        Total                                                        453,000

Sec. 65.  Sheriffs

                   Personal services                                        2,848,849

                   Operating expenses                                       413,608

                        Total                                                     3,262,457

               Source of funds                                                               

                   General fund                                               3,262,457

     (a)  Of the above appropriation, $15,000 shall be transferred to the state's attorneys' office as reimbursement for the cost of the executive director's salary.

Sec. 66.  Public safety - administration

                   Personal services                                        1,837,909

                   Operating expenses                                       182,984

                        Total                                                     2,020,893

               Source of funds                                                               

                   General fund                                               1,945,925

                   Federal funds                                                  74,968

                        Total                                                     2,020,893

     (a)  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.

Sec. 67.  Public safety - homeland security

                   Personal services                                        1,449,071

                   Operating expenses                                    6,730,040

                   Grants                                                        1,050,000

                        Total                                                     9,229,111

               Source of funds                                                               

                   General fund                                                  431,073

                   Federal funds                                             8,798,038

                        Total                                                     9,229,111

Sec. 68.  Public safety - state police

                   Personal services                                      38,085,058

                   Operating expenses                                    6,590,315

                   Grants                                                           975,634

                        Total                                                   45,651,007

               Source of funds                                                               

                   General fund                                               8,320,468

                   Transportation fund                                  30,385,796

                   Special funds                                              2,825,423

                   Federal funds                                             3,558,334

                   Interdepartmental transfer                              560,986

                        Total                                                   45,651,007

     (a)  Of the above appropriation, $35,000 in special funds shall be available for snowmobile law enforcement activities, and $35,000 in general funds shall be available to the southern Vermont wilderness search and rescue team, which comprises state police, the department of fish and wildlife, county sheriffs, and local law enforcement personnel in Bennington, Windham, and Windsor counties for snowmobile enforcement.

     (b)  Of the $230,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers. These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts.  The remaining $40,000 shall remain as a "pool" of money available to local and county law enforcement to fund overtime costs associated with heroin investigations.  Any unexpended funds from prior fiscal years shall be carried forward.

     (c)  The department of finance and management, division of budget and management, in collaboration with the joint fiscal office, shall study the overtime expenditures of the department of public safety.  Specifically, the study shall focus on the method for allocating overtime, the determination of which staff members receive overtime, the method used to project overtime needs for budgetary purposes, the contractual issues surrounding the usage of overtime, the history of overtime expenditures, and a cost benefit analysis of continuing with the current practice of utilizing overtime versus the establishment of a third shift within each of the barracks within the department of public safety.  The secretary of administration and the department of public safety shall provide any cooperation and assistance that may be required.  The report shall be submitted to the house and senate committees on appropriations by December 15, 2007.

     (d)  From the funds appropriated to the department of public safety in this act, the secretary of administration in consultation with the department of public safety shall develop three pilot projects utilizing sheriffs, constables and municipal police officers to answer complaints and undertake follow-up investigations in areas of the state served by the Vermont state police that have consistently generated overtime over the past three years.  These pilot projects shall commence no later than September 1, 2007 and may run for up to three years.  The secretary and the commissioner of the department of public safety shall report on the status of these pilot projects during the department’s annual budget presentation to the house and senate committees on appropriations in 2008, 2009 and 2010. 

Sec. 69.  Public safety - criminal justice services

                   Personal services                                        5,942,894

                   Operating expenses                                    3,199,016

                   Grants                                                        3,256,900

                        Total                                                   12,398,810

               Source of funds                                                               

                    General fund                                                  760,000

                   Transportation fund                                    4,429,971

                   Special funds                                              1,433,512

                   Federal funds                                             5,151,813

                   Interdepartmental transfer                              623,514

                        Total                                                   12,398,810

Sec. 70.  Public safety - emergency management

                   Personal services                                        1,629,045

                   Operating expenses                                       627,812

                   Grants                                                           819,400

                        Total                                                     3,076,257

               Source of funds                                                               

                   Transportation fund                                         63,969

                   Special funds                                                 123,664

                   Federal funds                                             2,888,624

                        Total                                                     3,076,257

Sec. 71.  Public safety - emergency management - radiological emergency response plan

                   Personal services                                           768,470

                   Operating expenses                                       221,980

                   Grants                                                           705,985

                        Total                                                     1,696,435

               Source of funds                                                               

                   Special funds                                              1,696,435

     (a)  Of the above special fund appropriation, up to $30,000 shall be available to contract with any radio station serving the emergency planning zone for the emergency alert system.

     (b)  Of the above appropriation, $354,245 is to be transferred to the Vermont department of health.

Sec. 71a.  20 V.S.A. § 38(a)(3) is amended to read:

(3)  The annual budget shall include anticipated expenditures to municipalities, county or state agencies, or other organizations necessary to support the radiological emergency response plan. The annual budget shall also include an annual base payment of no less than $5,000.00 for each town within the emergency planning zone for radiological emergency response- related expenditures and $4,500 for each town for pager stipends. Additional expenditures by the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or emergency planning zone entity defined by the state as required to support the plan shall be determined during the budget development process established by this section. The annual budget so prepared shall include all costs for evacuation notification systems.

Sec. 72.  Public safety - fire safety

                   Personal services                                        4,194,040

                   Operating expenses                                    1,411,643

                   Grants                                                             50,000

                        Total                                                     5,655,683

               Source of funds                                                               

                   General fund                                                  713,652

                   Special funds                                              4,343,105

                   Federal funds                                                395,279

                   Interdepartmental transfer                              203,647

                        Total                                                     5,655,683

     (a)  Of the above general fund appropriation, $50,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.

Sec. 73.  Military - administration

                   Personal services                                           532,542

                   Operating expenses                                       162,838

                   Grants                                                           200,000

                        Total                                                        895,380

               Source of funds                                                               

                    General fund                                                  895,380

     (a)  Of the above appropriation, an amount not to exceed $200,000 shall be disbursed to the Vermont student assistance corporation to replenish the amount available for the national guard scholarship program established in 16 V.S.A. § 2856 to a level of $200,000.  At the end of fiscal year 2008, any part of the $200,000 appropriation not transferred to the Vermont student assistance corporation shall revert to the general fund.

     (b)  Total disbursements by the Vermont student assistance corporation under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2008.

Sec. 74.  Military - air service contract

                   Personal services                                        4,153,098

                   Operating expenses                                       980,889

                        Total                                                     5,133,987

               Source of funds                                                               

                   General fund                                                  399,579

                   Federal funds                                             4,734,408

                        Total                                                     5,133,987

Sec. 75.  Military - army service contract

                   Personal services                                        3,300,460

                   Operating expenses                                    5,780,134

                        Total                                                     9,080,594

               Source of funds                                                               

                   General fund                                                  107,064

                   Federal funds                                             8,973,530

                        Total                                                     9,080,594

Sec. 76.  Military - building maintenance

                   Personal services                                           975,531

                   Operating expenses                                       441,925

                        Total                                                     1,417,456

               Source of funds                                                               

                   General fund                                               1,417,456

Sec. 77.  Military - veterans' affairs

                   Personal services                                           356,622

                   Operating expenses                                         93,112

                   Grants                                                           177,815

                        Total                                                        627,549

               Source of funds                                                               

                   General fund                                                  569,430

                   Federal funds                                                  58,119

                        Total                                                        627,549

     (a)  Of the above 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. 78.  Center for crime victims services

                   Personal services                                        1,186,878

                   Operating expenses                                       303,478

                   Grants                                                        9,258,234

                        Total                                                   10,748,590

               Source of funds                                                               

                    General fund                                               1,125,020

                   Special funds                                              5,602,450

                   Federal funds                                             4,021,120

                        Total                                                   10,748,590

Sec. 78a.  MEMORIAL GARDEN; LOAN

     (a)  The executive director of the center for crime victim services may lend up to $100,000, without interest, from the crime victims’ restitution special fund, created pursuant to 13 V.S.A. Sec. 5363, to the memorial garden special account which can be used to provide funding to the department of buildings and general services for the purpose of constructing the courage-in-bloom memorial garden at the designated site between 10-12 Baldwin street.  The center for crime victim services shall repay the loan in annual installments made over a period not to exceed five years.  The repayment of the loan is anticipated to come from fund-raising by the center for crime victim services and the domestic violence network.  The center shall report annually to the state treasurer on the payments and receivables related to the loan.

Sec. 78b.  RESTITUTION CLAIMS; ONE-TIME APPROPRIATION

     (a)  The sum of $200,000 is appropriated on a one-time basis from the crime victims’ restitution special fund to the center for crime victims services, to provide for payment of restitution claims prior to 2004.

Sec. 79.  Criminal justice training council

                   Personal services                                        1,032,090

                   Operating expenses                                       991,816

                        Total                                                     2,023,906

               Source of funds                                                               

                   General fund                                               1,385,881

                   Special funds                                                 510,393

                   Interdepartmental transfer                              127,632

                        Total                                                     2,023,906

Sec. 80.  Agriculture, food and markets - administration

                   Personal services                                           907,195

                   Operating expenses                                       816,806

                   Grants                                                           353,081

                        Total                                                     2,077,082

               Source of funds                                                               

                   General fund                                               1,297,384

                   Special funds                                                 611,632

                   Federal funds                                                125,386

                   Interdepartmental transfer                                42,680

                        Total                                                     2,077,082

Sec. 81.  Agriculture, food and markets - food safety and consumer protection

                   Personal services                                        2,620,156

                   Operating expenses                                       495,573

                   Grants                                                        2,600,000

                        Total                                                     5,715,729

               Source of funds                                                               

                   General fund                                               1,732,864

                   Special funds                                              3,411,959

                   Federal funds                                                563,906

                   Interdepartmental transfer                                  7,000

                        Total                                                     5,715,729

Sec. 82.  Agriculture, food and markets - agricultural development

                   Personal services                                           752,331

                   Operating expenses                                       482,385

                   Grants                                                        1,877,500

                        Total                                                     3,112,216

               Source of funds                                                               

                   General fund                                                  743,958

                   Special funds                                              1,759,258

                   Federal funds                                                209,000

                   Interdepartmental transfer                               400,000

                        Total                                                     3,112,216

     (a)  Of the above special fund appropriation, $80,000 shall be used to support the mobile slaughter house.

     (b)  Of the above appropriation, $85,000 shall be used to support the farm-to-school program.

     (c)  Of the above appropriation, $40,000 shall be provided to the Food Education Every Day Program to enable the organization to provide farm to school education and teacher training services to more school districts and to assist the secretary of agriculture, food and markets and the commissioner of education to carry out farmer and food service worker training pursuant to Secs. 3(a) and 4 of No. 145 of the Acts of the 2006.

Sec. 83.  Agriculture, food and markets - laboratories, agricultural resource management and environmental stewardship

                    Personal services                                        2,779,046

                   Operating expenses                                       566,529

                   Grants                                                        1,195,000

                        Total                                                     4,540,575

               Source of funds                                                               

                   General fund                                               1,890,910

                   Special funds                                              1,760,226

                   Federal funds                                                627,389

                   Interdepartmental transfer                              262,050

                        Total                                                     4,540,575

     (a)  Of the above appropriation, $145,000 shall be used for a grant to the Farmers Watershed Alliance.

Sec. 84.  Agriculture, food and markets - state stipend

                   Grants                                                           175,000

               Source of funds                                                               

                   General fund                                                  175,000

Sec. 85.  Agriculture, food and markets - mosquito control

                   Personal services                                             20,000

                   Operating expenses                                       184,750

                        Total                                                        204,750

               Source of funds                                                               

                   Special funds                                                 204,750

     (a)  Any general fund appropriation in this section remaining at the end of fiscal year 2008 shall carry forward to fiscal year 2009.

Sec. 86.  Banking, insurance, securities, and health care administration - banking

                   Personal services                                        1,241,297

                   Operating expenses                                       280,294

                        Total                                                     1,521,591

               Source of funds                                                               

                   Special funds                                              1,521,591

Sec. 87.  9 V.S.A. § 5613(e) is added to read:

     (e)  In any fiscal year in which revenues deposited in the banking supervision fund established by subsection 19(f) of Title 8 are insufficient to support the annual appropriation to the banking division, the commissioner may transfer no more than a sum necessary to meet the shortfall from the fund established by this section to the banking supervision fund.

Sec. 88.  Banking, insurance, securities, and health care administration - insurance

                   Personal services                                        2,988,436

                   Operating expenses                                       535,850

                        Total                                                     3,524,286

               Source of funds                                                               

                   Special funds                                              3,524,286

Sec. 89.  Banking, insurance, securities, and health care administration - captive

                    Personal services                                        3,032,154

                   Operating expenses                                       502,100

                        Total                                                     3,534,254

               Source of funds                                                               

                   Special funds                                              3,534,254

Sec. 90.  Banking, insurance, securities, and health care administration - securities

                   Personal services                                           602,058

                   Operating expenses                                       136,750

                        Total                                                        738,808

               Source of funds                                                               

                   Special funds                                                 738,808

Sec. 91.  Banking, insurance, securities, and health care administration - health care administration

                   Personal services                                        5,640,439

                   Operating expenses                                       389,314

                        Total                                                     6,029,753

               Source of funds                                                               

                   General fund                                                  711,000

                   Special funds                                              2,738,756

                   Global commitment fund                             1,509,997

                   Federal funds                                             1,000,000

                   Interdepartmental transfer                                70,000

                        Total                                                     6,029,753

     (a)  Of the above appropriation, $726,664, consisting of $395,000 in general funds, $105,000 in Global Commitment funds, and $226,664 in special funds, is for a continuation of the project conducted by the Vermont information technology leaders (VITL), as referred to in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of 2006.  Availability of the $726,664 funds is contingent on the secretary of administration's approval of an annual plan submitted by VITL to coordinate VITL's activities with "the Vermont blueprint for health chronic care initiative" and other health care- related statewide information technology projects.  Availability of the $726,664 shall also be contingent on the delivery by VITL of an update on a sustainable business plan to the secretary of administration and the general assembly; and a commitment by VITL to use "best efforts" to secure a nonstate match for the funds.  If at any time VITL no longer demonstrates the ability to deliver the work described in 18 V.S.A. § 9417, the state shall have the right to assume ownership of all licenses, intellectual property, and work product of VITL developed for the state pursuant to section 9417 or otherwise.  The $726,664 in this section shall not be available until the funding in Sec. 87(a) of No. 215 of the Acts of 2006 and in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of 2006, has been fully expended.

Sec. 91a.  NONGROUP MARKET SECURITY TRUST

     (a)  Notwithstanding 8 V.S.A. § 4062d(b), the commissioner of banking, insurance, securities, and health care administration may request proposals on how to operate the trust in a manner consistent with the purpose of 8  V.S.A. § 4062d.  The commissioner may establish the nongroup market security trust using a reinsurance model or other mechanism consistent with the grant provided to the department of banking, insurance, securities and health care administration from the Centers on Medicare and Medicaid Services (CMS).

     (b)  No later than December 1, 2007, the commissioner shall report to the house committee on health care and the senate committee on health and welfare with suggested statutory changes to modify 8  V.S.A. § 4062d to conform to the proposed operation of the program.

Sec. 92.  Banking, insurance, securities, and health care administration - administration

                   Personal services                                        1,099,435

                   Operating expenses                                         43,195

                        Total                                                     1,142,630

               Source of funds                                                               

                   Special funds                                              1,142,630

     (a)  The commissioner may transfer from the appropriation established for each division of the department of banking, insurance, securities, and health care administration to the appropriation in this section, sums corresponding to the salary and associated personnel costs of legal counsel who are transferred to the division of administration.

Sec. 93.  Secretary of state

                   Personal services                                        4,407,205

                   Operating expenses                                    1,229,060

                   Grants                                                        1,000,000

                        Total                                                     6,636,265

               Source of funds                                                               

                   General fund                                                  588,801

                   Special funds                                              3,972,462

                   Federal funds                                             2,000,000

                   Interdepartmental transfer                                75,002

                        Total                                                     6,636,265

     (a)  The corporation division of the secretary of state's office represents $492,991 of the above special fund appropriation, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 5613.

     (b)  In fiscal year 2008 $120,000 from the Vermont campaign finance fund shall be deposited into the general fund.

Sec. 94.  Public service - regulation and energy

                   Personal services                                        4,873,384

                   Operating expenses                                       687,463

                   Grants                                                        5,870,007

                        Total                                                   11,430,854

               Source of funds                                                               

                   Special funds                                             10,238,054

                   Federal funds                                             1,157,800

                   Interdepartmental transfer                                35,000

                        Total                                                   11,430,854

Sec. 95.  Public service - purchase and sale of power

                   Personal services                                             11,886

                   Operating expenses                                           1,516

                        Total                                                          13,402

               Source of funds                                                               

                   Special funds                                                   13,402

Sec. 96.  Public service board

                   Personal services                                        2,526,024

                   Operating expenses                                       300,000

                        Total                                                     2,826,024

               Source of funds                                                               

                   Special funds                                              2,826,024

Sec. 97.  Enhanced 9-1-1 Board

                   Personal services                                        2,003,841

                   Operating expenses                                    1,352,769

                        Total                                                     3,356,610

               Source of funds                                                               

                   Special funds                                              3,356,610

Sec. 98.  Vermont racing commission

                   Operating expenses                                            1,000

               Source of funds                                                               

                   General fund                                                       1,000

Sec. 99.  Human rights commission

                   Personal services                                           401,895

                   Operating expenses                                          95,694

                        Total                                                        497,589

               Source of funds                                                               

                   General fund                                                  326,850

                   Federal funds                                                170,739

                        Total                                                        497,589

Sec. 100.  Liquor control - enforcement and licensing

                   Personal services                                        1,677,769

                   Operating expenses                                       389,890

                        Total                                                     2,067,659

               Source of funds                                                               

                   Tobacco fund                                                289,645

                   Enterprise funds                                          1,778,014

                        Total                                                     2,067,659

Sec. 101.  Liquor control - administration

                   Personal services                                        1,329,017

                   Operating expenses                                       407,719

                        Total                                                     1,736,736

               Source of funds                                                               

                   Enterprise funds                                          1,736,736

Sec. 102.  Liquor control - warehousing and distribution

                   Personal services                                           757,159

                   Operating expenses                                       415,443

                        Total                                                     1,172,602

               Source of funds                                                               

                   Enterprise funds                                          1,172,602

Sec. 103.  Total protection to persons and

property                                                                    240,634,801

               Source of funds                                                               

                   General fund                                             82,515,006

                   Transportation fund                                  34,879,736

                   Special funds                                            62,794,284

                   Tobacco fund                                                619,645

                   Global commitment fund                             1,509,997

                    Federal funds                                           45,710,780

                   Enterprise funds                                          4,687,352

                   Interdepartmental transfer                           7,918,001

                        Total                                                 240,634,801

Sec. 104.  Human services - agency of human services - secretary's office

                   Personal services                                        6,890,677

                   Operating expenses                                    2,676,686

                   Grants                                                        4,487,973

                        Total                                                   14,055,336

               Source of funds                                                               

                   General fund                                               3,940,516

                   Special funds                                                     7,517

                   Tobacco funds                                              612,021

                   Federal funds                                             4,954,088

                   Interdepartmental transfer                           4,541,194

                        Total                                                   14,055,336

     (a)  Notwithstanding any other provisions of law, workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services or who utilize a qualified intermediary service organization providing services on behalf of the state shall not be considered state employees, except for purposes of 21 V.S.A. chapter 17.

     (b)  Notwithstanding any other provisions of law, the state may provide workers' compensation coverage to workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services, and the state shall not be considered their employer.  The state may also either permit a qualified intermediary service organization to purchase group insurance policies for persons served by their organization, or deem such persons to be members of an association and eligible for self-insurance under 21 V.S.A. § 687a for purposes of providing workers' compensation.  This provision is intended solely to reduce costs of providing workers' compensation and shall not be considered for any other purpose.

     (c)  Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” and costs related to juvenile justice as outlined in this section to the departments in the agency of human services designated to provide these services.

     (d)  Of the above tobacco settlement funds, $54,000 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring program for youth.

     (e)  Of the above tobacco fund appropriation, $143,000 shall be used for a grant to Lamoille County people in partnership for wrap-around services for at-risk youth.

     (f)  Of the above tobacco fund appropriation, $100,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 shall be for housing provisions for at-risk youth.

     (g)  Of the above tobacco fund appropriation, $200,000 along with available matching federal funds shall be available for services required for petitions filed by the agency under 33 V.S.A. § 5517(e).

Sec. 104a.  COMMUNITY BASED ALTERNATIVES FOR CRIMINAL JUSTICE SERVICES

     (a) There are a variety of community based programs that are alternatives to traditional criminal justices and correction services, these include court diversion, restorative probation and street checker programs and community  justice centers.  The secretary of human services and the attorney general shall identify the various programs that provide these services and shall issue a report to the general assembly by December 15, 2007.  The report shall include but not be limited to:

          (1)  A listing and a description of the various programs, annual caseload and available information on cases by county, offenses, age, gender, and case outcomes;

          (2)  The amount and sources of funding for these programs, this shall include local, state and federal funding support available to these programs;

          (3)  The relationship of these programs to other human service and criminal justice entities;

          (4)  Recommendations as to continuation, expansion, elimination or consolidation of these programs or other changes that will result in more efficient and effective use of available resources;

          (5)  Information about models, practices or programs of alternative justice from other states or localities.

Sec. 105.  Secretary's office - global commitment

                   Grants                                                    871,010,448

               Source of funds                                                               

                   General fund                                           119,617,229

                   Special fund                                             15,270,557

                   Tobacco Fund                                          29,609,240

                   State health care resources fund              157,167,075

                   Catamount fund                                          7,168,430

                   Federal funds                                         539,898,714

                   Interdepartmental transfer                           2,279,203

                        Total                                                 871,010,448

     (a)  The agency of human services shall use the funds appropriated in this section for payment of the actuarially certified premium required under the intergovernmental agreement between the agency of human services and the managed care organization in the office of Vermont health access as provided for in the Global Commitment to health waiver (“Global Commitment”) approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

     (b)  In addition to the state funds appropriated in this section, a total estimated sum of $34,539,006 is anticipated to be certified as state matching funds under the Global Commitment as follows:

          (1)  $17,283,434 certified state match available from local education agencies.  This amount combined with $24,881,566 of federal funds appropriated in this section equals a total estimated expenditure of $42,165,000 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)  $4,215,210 certified state match available from local education agencies for eligible services provided to students in the success beyond six programs.

          (4)  $1,859,703 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.

          (6)  It is estimated that at least $10,273,557 of state funds will be carried forward from fiscal year 2007 to fund the Global Commitment managed care premium and global commitment administration costs in fiscal year 2008.  

Sec. 106.  CATAMOUNT HEALTH ASSISTANCE; GLOBAL COMMITMENT WAIVER

     (a)  If the Centers on Medicaid and Medicare Services (CMS) has not responded to the Global Commitment for Health waiver amendment request to fund Catamount Health Assistance with Medicaid funds, does not approve the request, or approves a lower income eligibility limit for Catamount Health Assistance by July 31, 2007, the commission on health care reform created pursuant to 2 V.S.A. § 901 shall consider whether to recommend to the emergency board:

          (1)  to proceed with the implementation of Catamount Health established under 4080f of Title 8, Catamount Health Assistance under subchapter 3a of chapter 19 of Title 33, employer-sponsored insurance program under section 1974 of Title 33, or a combination of the programs;

          (2)  to delay the implementation of some or all of the programs; or

          (3)  to exercise the option to suspend new enrollment or restrict enrollment to eligible lower income individuals under section 1974(e) or 1983(d) of Title 33.

     (b)  After receiving a recommendation by the health care commission, the emergency board shall consider the commission’s recommendation and shall make a determination no later than August 30, 2007 on whether to proceed with implementation, delay implementation, or exercise its authority under section 1974(e) or 1983(d) of Title 33. 

Sec. 107.  Rate setting

                   Personal services                                           739,407

                   Operating expenses                                         69,762

                        Total                                                        809,169

               Source of funds                                                               

                   Interdepartmental transfer                              809,169

Sec. 108.  Developmental disabilities council

                   Personal services                                           152,876

                   Operating expenses                                         40,817

                   Grants                                                           299,558

                        Total                                                        493,251

               Source of funds                                                               

                   Federal funds                                                493,251

Sec. 109.  Human services board

                   Personal services                                           287,458

                   Operating expenses                                         54,622

                        Total                                                        342,080

               Source of funds                                                               

                   General fund                                                    50,063

                   Federal funds                                                  11,993

                   Interdepartmental transfer                              280,024

                        Total                                                        342,080

Sec. 110.  Office of Vermont health access - administration

                   Personal services                                      28,851,926

                   Operating expenses                                    1,561,980

                   Grants                                                         1,000,000

                        Total                                                   31,413,906

               Source of funds                                                               

                   General fund                                                    50,000

                   Global Commitment fund                          30,301,112

                   Federal funds                                                700,000

                   Interdepartmental transfer                              362,794

                        Total                                                   31,413,906

Sec. 110a.  33 V.S.A. § 1904(5) is amended to read:

(5)  “Insurer” means any insurance company, prepaid health care delivery plan, self‑funded employee benefit plan, pension fund, hospital or medical service corporation, managed care organization, pharmacy benefit manager, retirement system, or similar entity that is under an obligation to make payments for medical services as a result of an injury, illness or disease suffered by an individual.

Sec. 110b.  33 V.S.A. § 1907 is amended to read:

§ 1907.  SUBROGATION

To the extent that payment for covered expenses has been made under the state Medicaid program or through any state agency administering health benefits or a health benefit plan for which Medicaid is a source of funding for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the state is considered to have acquired the rights of the individual to payment by any other party for those health care items or services.  An insurer shall accept the agency’s right to recovery and the assignment to the agency of any right of a person to payment from the third party for medical services for which the agency has made payment under this chapter.

Sec. 110c.  33 V.S.A. § 1908 is amended to read:

§ 1908.  MEDICAID; PAYER OF LAST RESORT; RELEASE OF   INFORMATION

(a)  Any clause in an insurance contract, plan or agreement which limits or excludes payments to a recipient is void.

(b)  Medicaid shall be the payer of last resort to any insurer which contracts to pay health care costs for a recipient.

(c)  Every applicant for or recipient of Medicaid under this subchapter is deemed to have authorized all third parties to release to the agency all information needed by the agency to secure or enforce its rights under this subchapter.  The agency shall inform an applicant or recipient of the provisions of this subsection at the time of application for Medicaid benefits.

(d)  At the agency’s request, an insurer shall provide the agency with the information necessary to determine whether an applicant or recipient of Medicaid under this subchapter is or was covered by the insurer and the nature of the coverage, including the member, subscriber, or policyholder information necessary to determine third party liability and other information required under subsection 9410(h) of Title 18.  The agency may require the insurer to provide the information electronically.

(e)  From funds recovered pursuant to this subchapter, the federal government shall be paid a portion equal to the proportionate share originally provided by the federal government to pay for medical assistance to a recipient or minor.

Sec. 110d.  33 V.S.A. § 1909 is amended to read:

§ 1909.  DIRECT PAYMENTS TO AGENCY; DISCHARGE OF  INSURER’S OBLIGATION

(a)  When a recipient who is covered by the recipient’s or a legally liable representative’s insurer receives medical benefits under this subchapter, payment for covered services or notice of denial shall be issued directly to the provider.

(b)  A provider shall indicate on any claim form submitted to an insurer for covered services whether or not the person receiving treatment is a recipient.

(c)(1)  An insurer which receives notice that the agency has made payments to the provider shall pay benefits or send notice of denial directly to the agency.  Receipt of an agency claim form by an insurer constitutes notice that payment of the claim was made by the agency to the provider and that form supersedes any contract requirements of the insurer relating to the form of submission.

(2)  An insurer shall respond to any request made by the agency regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of such health care item or service.

(3)  An insurer shall not deny a claim submitted by the agency solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point‑of‑sale that is the basis of the claim, if the claim is submitted by the agency within the three‑year period beginning on the date on which the item or service was furnished; and any action by the agency to enforce its rights with respect to a claim is commenced within six years of the agency’s submission of the claim.

(d)  An insurer which has been notified of a claim by the agency under this section and proceeds to pay the claim to a person other than the agency is not discharged from payment of the agency’s claim.

(e)  Payment to the agency by an insurer under this section discharges the insurer’s obligation for further payment on the claim to the extent of the amount paid.

Sec. 110e.  8 V.S.A. § 4062e is added to read:

§ 4062e.  COMPLIANCE WITH MEDICAID RECOVERY PROVISIONS

A health insurer as defined in section 1904 of Title 33, that issues, sells, renews, or offers health insurance coverage in Vermont or who is required to be licensed or registered with the department shall comply with the requirements of sections 1907, 1908, 1909, and 1910 of Title 33.  The commissioner shall enforce such requirements pursuant to his or her authority under this title.

Sec. 111.  Office of Vermont health access - Medicaid program - Global Commitment

                   Grants                                                    442,280,091

               Source of funds                                                               

                   Global commitment fund                         442,280,091

     (a)  In fiscal year 2008 the office of Vermont health access shall increase the supplemental dental payment program by at least $50,000 over the level budgeted for fiscal year 2007.

Sec. 111a.  CHIROPRACTIC COVERAGE UNDER MEDICAID AND VHAP

     (a)  The agency of human services is directed to reinstate chiropractic coverage for adults in the Medicaid and VHAP programs effective September 1, 2007, consistent with section 4088a of Title 8 and at rates comparable to payments for care or services by other health care providers.

Sec. 112.  Office of Vermont health access - Medicaid program - Long-term care waiver

                   Grants                                                    187,942,080

               Source of funds                                                               

                   General fund                                             77,037,474

                   Federal funds                                         110,904,606

                        Total                                                 187,942,080

Sec. 112a.  Sec. 1 of No. 56 of the Acts of 2005 is amended to read:

Sec. 1.  LONG-TERM CARE MEDICAID 1115 WAIVER; CHOICES FOR CARE

* * *

(b)(1)  Outside the legislative session, the health access oversight committee shall have oversight for the development, implementation, and ongoing operation of any long-term care Medicaid waivers applied for and received by the agency of human services. 

(2)(A)  The secretary of human services shall report to the committee upon its request and annually to the general assembly by January 15.

(B)  The department shall submit quarterly reports to the general assembly or the health access oversight committee about the utilization of services and expenses under Choices for Care.  The reports shall also include a comparison of actual expenditures to estimated expenditures and projected expenditures for the remainder of the fiscal year.

* * *

(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.

(h) Any funds appropriated for long-term care under the long-term care waiver authorized under this act shall be used for long-term care services to recipients. In using these funds, the department shall give priority to services to individuals assessed as high and highest needs and meeting the terms and conditions of the waiver as approved by the Centers for Medicare and Medicaid Services. Any remaining funds from the long-term care appropriation may be used for other long-term care services as defined in subsection (i) of this section.  The remaining funds shall be allocated and spent in ways that are sustainable into the future and do not create an unsustainable base budget.  Any funds that are not spent in the year for which they were appropriated shall be carried over to the next fiscal year.

(h)(i)  “Long-term care” means care or services received by an individual in a nursing home, or through home- and community‑based services designed to assist older Vermonters and people with disabilities to remain independent and avoid inappropriate institutionalization.  “Home- and community‑based services” include:

* * *

Sec. 113.  Office of Vermont health access - Medicaid non-waiver matched

                   Grants                                                      58,390,811

               Source of funds                                                               

                   General funds                                           21,845,389

                   Federal funds                                           36,545,422

                        Total                                                   58,390,811

Sec. 114.  Office of Vermont health access - Medicaid program - state only

                   Grants                                                      29,124,517

               Source of funds                                                               

                   General funds                                           28,869,330

                   Global Commitment fund                               255,187

                        Total                                                   29,124,517

Sec. 115.  Health - administration and support

                   Personal services                                        5,623,417

                   Operating expenses                                    2,268,996

                   Grants                                                             50,000

                        Total                                                     7,942,413

               Source of funds                                                               

                   Special funds                                                   24,525

                   Global Commitment fund                            1,812,709

                   Federal funds                                             6,101,179

                   Interdepartmental transfer                                  4,000

                         Total                                                     7,942,413

Sec. 116.  32 V.S.A. § 1003(e) is added to read:

     (e)  Notwithstanding the maximum salary established in subsection (b) of this section, the maximum salary for the commissioner of health may not exceed $150,000.00. 

Sec. 117.  Health - Blueprint for Health

                   Personal services                                        2,851,522

                   Operating expenses                                       385,783

                   Grants                                                        1,570,403

                        Total                                                     4,807,708

               Source of funds                                                               

                   Global Commitment fund                            2,933,398

                   Catamount fund                                          1,846,713

                   Federal funds                                                  27,597

                        Total                                                     4,807,708

     (a)  From the funds appropriated in this section, the department of health shall provide incentive grants and stipends to physician practices participating in the pilot projects developed under the Vermont blueprint for health established in section 702 of Title 18. 

Sec. 118.  Health - health protection

                   Personal services                                        3,974,089

                   Operating expenses                                       757,012

                   Grants                                                        1,789,500

                        Total                                                     6,520,601

               Source of funds                                                               

                   General fund                                                  445,730

                   Special funds                                              1,313,121

                   Global commitment fund                                147,502

                   Federal funds                                             4,210,313

                   Interdepartmental transfer                              403,935

                        Total                                                     6,520,601

Sec. 119.  Health - health surveillance

                   Personal services                                        9,710,579

                   Operating expenses                                    2,471,432

                   Grants                                                        2,524,499

                        Total                                                   14,706,510

               Source of funds                                                               

                   General fund                                               1,901,636

                   Special funds                                              1,307,500

                   Global Commitment fund                            2,498,893

                   Federal funds                                             8,923,937

                   Permanent trust funds                                      10,000

                   Interdepartmental transfer                                64,544

                        Total                                                   14,706,510

     (a)  The amount of $335,000 of the above general fund/Global Commitment fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services.  It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state-funding sources.  The department of health AIDS program shall meet at least quarterly with the community advisory group (CAG) with current information and data relating to service initiatives.  The funds shall be allocated as follows: 

          (1)  AIDS Project of Southern Vermont - $63,529

          (2)  ACORN - $25,225

          (3)  IMANI - $40,173

          (4)  VT CARES - $141,073

          (5)  Twin States Network - $30,000

          (6)  People with AIDS Coalition - $35,000

     (b)  Of the above federal funds, Ryan White Title II funds for AIDS services and the AIDS Medication Assistance Program shall be distributed in accordance with federal guidelines.  These guidelines shall not apply to programming funded by state general funds.

     (c)  The amount of $140,000 of the above general fund appropriation shall be used for assistance to individuals in the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, and nutritional supplements.  These funds may not be used for any administrative purposes by the department of health or by any other state agency or department.  Any remaining AMAP general funds at the end of the fiscal year shall be distributed to Vermont AIDS service organizations in the same proportions as those outlined under subsection (a) of this section. 

     (d)  The amount of $100,000 of the above general fund appropriation shall be appropriated to the Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which is currently not supported by federal funds due to federal restrictions.  These funds shall be used for HIV/AIDS prevention purposes, including, but not limited to, improving the availability of confidential and anonymous HIV testing; prevention work with at-risk groups such as women, intravenous drug users, and people of color; anti-stigma campaigns; and promotion of needle exchange programs.  No more than 15 percent of the funds may be used for the administration of such services by the recipients of these funds.  The method by which these prevention funds shall be distributed shall be determined by mutual agreement of the department of health, AIDS service organizations, and CAG.  The department of health AIDS program shall be guided and advised by CAG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds.

     (e)  The secretary of human services shall immediately notify the joint fiscal committee if, at any time, there are insufficient funds in AMAP to assist all eligible individuals.  The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the general assembly can take action. 

     (f)  The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be comprised of no less than 50 percent of members who are living with HIV/AIDS.  The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements, and eligibility for the program. 

Sec. 120.  Health - health improvement

                   Personal services                                        8,051,727

                   Operating expenses                                    1,038,409

                    Grants                                                      11,581,405

                        Total                                                   20,671,541

               Source of funds                                                               

                   General fund                                               1,432,640

                   Special funds                                                 729,800

                   Tobacco funds                                           2,780,225

                   Global Commitment fund                            7,470,718

                   Federal funds                                             8,251,158

                   Interdepartmental transfer                                  7,000

                        Total                                                   20,671,541

     (a)  The department of health may carry forward any unspent portion of funds designated for health professional loan repayment.  These funds may be used either alone or to match federal National Health Service Corps loan repayment funds, local funds, or private funds and shall be deposited into the loan repayment fund established under 18 V.S.A. § 10a or for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program and the nursing incentive loan program.

     (b)  The above tobacco fund appropriation and $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: 

          (1)  community-based programs - $1,023,624;  

          (2)  media and public education - $1,007,799;  

          (3)  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; and $15,000 shall be granted to Washington County Mental Health Agency, Inc. for a special cessation program;

          (4)  surveillance and evaluation activities - $333,000;

          (5)  statewide provider education - $75,000.  

     (c)  Of the above general fund/Global Commitment appropriation, $450,000 shall be granted to the area health education center (AHEC) to support the work and infrastructure of the statewide AHEC network to ensure an adequate and appropriate health care workforce, to bring quality improvement programs to health care professionals, and to create partnerships across community-based health care services to improve health care access and integration. 

     (d)  Any funds not expended by the AHEC during fiscal years 2006, 2007, and 2008 shall be carried forward to be available for use in subsequent fiscal years.  The AHEC will provide the department of health with a final progress report and financial report detailing the unexpended funds to be carried forward at the close of each fiscal year. 

     (e)  Of the above appropriation, $160,000 is for development and implementation of a patient safety surveillance and improvement system established pursuant to 18 V.S.A. § 1913.  In addition, the department of health, with assistance from the department of banking, insurance, securities, and health care administration, shall collect and utilize for such purposes the sum of $40,000 to be contributed from hospitals licensed in Vermont.

     (f)  Of the above Global Commitment fund appropriation, $880,000 shall be deposited into the Vermont educational loan repayment fund and used for the purposes of loan repayment for health care providers and health care educators pursuant to 18 V.S.A. § 10a.

     (g)  Of the above appropriation, $80,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program and nursing incentive loan program. 

     (h)  Of the above appropriation, $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. 

     (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, then up to $500,000 shall be appropriated from the tobacco litigation settlement fund to the department of health.  These shall be in addition to the funds appropriated above.  If available this appropriation shall be used for tobacco programs as recommended by the Vermont tobacco control board.

     (j)  Of the above Global Commitment funds, $440,000 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.

     (k)  Of the above Global Commitment funds, $200,000 shall be used for federally qualified health center (FQHC) look-alike uncompensated care pool funds.  All or a portion of these funds shall be reallocated to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families, if federal Section 330 grant funds awards are received by Vermont look alike FQHCs before June 30, 2007.  Any reallocation of these funds shall be pro-rated fairly based on federal awards received.

Sec. 121.  Health -  community public health

                   Personal services                                      14,449,064

                   Operating expenses                                    2,127,292

                   Grants                                                      21,581,824

                        Total                                                   38,158,180

               Source of funds                                                               

                   General fund                                                  900,638

                    Special funds                                              3,231,400

                   Global commitment fund                           15,830,919

                   Catamount fund                                          4,000,000

                   Federal funds                                           14,080,223

                   Interdepartmental transfer                              115,000

                        Total                                                   38,158,180

Sec. 122.  Health -  alcohol and drug abuse programs

                   Personal services                                        9,360,208

                   Operating expenses                                    1,097,983

                   Grants                                                      20,712,146

                        Total                                                   31,170,337

               Source of funds                                                               

                   General fund                                               3,229,571

                   Special funds                                                 235,499

                   Tobacco funds                                           2,382,834

                   Global commitment fund                           16,509,436

                   Federal funds                                             8,662,997

                   Interdepartmental transfer                              150,000

                        Total                                                   31,170,337

     (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 (1) of this subsection are satisfied.  

               (C)  All programs shall continue to fulfill grant or contract agreements.  

          (2)  The provisions of subdivision (1) of this subsection shall not preclude the division’s “request for bids” process.  

     (c)  Of the above interdepartmental transfer, $150,000 shall be used to support the gambling addiction program. 

     (d)  Of the funds appropriated above, $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 the above appropriation, $45,000 shall be granted to the Vermont recovery center network. 

Sec. 122a.  PUBLIC INEBRIATE PROGRAM STUDY

     (a)  Because Vermont is lacking in appropriate public health and safety crisis services to address the problem of public inebriation as related to chronic alcohol and drug use and the use of jails as a solution to a public health issue poses significant problems for the individuals who are detained, as well as for the local correctional facility that receives the individual, inebriates frequently arrive at correctional facilities without an adequate medical evaluation.  As a result of the complexity of this public health problem, and the fact that it crosses over into the medical and criminal justice area, the department of health is directed to convene a study committee to evaluate the current practice and policy in this area and make recommendations for improvements.

     (b)  The study committee shall include representatives from:

          (1)  the office of the defender general; 

          (2)  public safety and local law enforcement;

          (3)  hospitals;

          (4)  public treatment programs;

          (5)  emergency services workers, including emergency medical technicians;

          (6)  transportation services;

          (7)  department of corrections personnel;

          (8)  peer recovery staff.

     (c)  Recommendations included in the study shall include but not be limited to changes in statutes, program protocols, and resources used to address this important issue.  The department shall report on the results of this review to the house and senate committees on appropriations and the house committee on human services and the senate committee on health and welfare no later than January 15, 2008. 

Sec. 122b.  SUBSTANCE ABUSE TREATMENT SYSTEM; REPORT AND PLAN

     (a)  While over the past four years, systematic efforts have been made to enhance prevention and treatment services in communities across Vermont and partnerships have been engaged between the agency of human services, courts, community providers and schools, substance abuse presents a major health challenge to Vermonters and their families: 

          (1)  Early use by youth results in an unacceptably high number of teens and pre-teens using alcohol and drugs regularly. 

          (2)  Untreated problems develop into serious addictive disorders in the adult population. 

          (3)  The growing number of individuals incarcerated due to their drug/alcohol use presents a challenge to the criminal justice system. 

          (4)  Crises resulting from severe alcoholism and drug dependence stress our emergency rooms and corrections facilities.

     (b)  The department of health shall convene a high level task force to review the pieces currently in place, and identify how to integrate services into a more systematic response to addictive problems, and use of resources in a more effective and efficient manner in order to make real progress in this area.

          (1)  The task force will work with staff to analyze the population projected to be in need of treatment services, and will create a design for the services needed in communities by level of care, and to support long-term recovery.  This plan should be based on the Blueprint for Health chronic care approach.

               (A)  Agency of human service field directors and district health directors shall map local services across the continuum of care and across the sectors from health to criminal justice.  These maps will inform the task force’s analysis of the services and supports that are currently available.

          (2)  The analysis shall be evidence-based and project numbers of people that can be diverted from more expensive and crisis oriented services if we build a more continuous, recovery-based system of supports.  Of particular interest is savings that be realized in the department of corrections.

          (3)  The analysis shall also look at workforce preparation and what needs to be done to develop a mechanism for clinicians to be certified to treat co-occurring mental health and substance abuse disorders. 

     (c)  The department shall prepare and submit a report and plan by January 15, 2008 to the house and senate committees on appropriations. 

Sec. 123.  Health - mental health

                   Personal services                                        4,653,064

                   Operating expenses                                       640,626

                   Grants                                                    126,737,194

                        Total                                                 132,030,884

               Source of funds                                                               

                   General fund                                                  698,116

                   Global commitment fund                         127,296,709

                   Federal funds                                             4,036,059

                        Total                                                 132,030,884

     (a)  Of the above appropriation, $110,000 shall be used to maintain the Burlington downtown outreach program to develop a model program for expansion to other areas of the state.

     (b)  The department shall ensure that the mental health and substance abuse treatment needs are fully funded for eligible children, adolescents, and community rehabilitation and treatment (CRT) program beneficiaries with co-occurring substance abuse and mental health disorders.  The department shall work with the designated service provider agencies and report to the general assembly in January 2008 as to the funds expended to date and as to the adequacy of funding for the remainder of the fiscal year.

     (c)  Success beyond Six is a fiscal mechanism that allows local schools and local designated agencies for community mental health services to enter into contractual relationships for school-based service provision supported in part through state-approved Medicaid billing in the department of health – mental health division.  This fiscal mechanism has reduced the schools’ cost in providing these services by up to 60%.  To date, however, these contracts have been approved conditioned on compliance with Medicaid rules and general fiscal management, not specifically on best practice, efficiency or outcome models.  Under Vermont’s Global Commitment to Health Waiver, Medicaid is no longer an unlimited funding stream; rather it must be managed to a fixed capped amount.  The secretary of the agency of human services and the commissioner of education shall convene a summer study group to ensure that expenditures in this area utilize best practices, yield positive outcomes and are managed to a predictable rate of growth. 

          (1)  This study will result in recommendations regarding:

               (A)  Mechanisms for managing Success beyond Six services in a capped Medicaid environment to ensure the effective delivery of services to school age children and controlled growth;

               (B)  Prioritizing Success beyond Six populations and/or services for growth within the constraints of the waiver cap.  This will include exploring whether or not prevention and mental health wellness programs can or should be funded within this model;

               (C)  Decreasing administrative burdens of service provision where ever possible.

          (2)  A report on the recommendations and a plan for implementation by the agency of human services and department of education will be presented to the house committees on education and human services and the senate committees on education and health and welfare no later than January 15, 2008.

Sec. 124.  Health - Vermont state hospital

                   Personal services                                      19,039,338

                   Operating expenses                                    1,819,499

                   Grants                                                               3,000

                        Total                                                   20,861,837

               Source of funds                                                               

                   General fund                                             20,341,837

                   Special funds                                                 170,000

                   Federal funds                                                  50,000

                   Interdepartmental transfer                              300,000

                        Total                                                   20,861,837

Sec. 125.     Health - medical practice board

                   Personal services                                           617,224

                   Operating expenses                                       407,785

                        Total                                                     1,025,009

               Source of funds                                                               

                   Special funds                                                 905,009

                   Global commitment fund                                120,000

                        Total                                                     1,025,009

Sec. 126.  Department for children and families - administration & support services

                   Personal services                                      33,748,978

                   Operating expenses                                    6,094,778

                   Grants                                                        1,150,215

                        Total                                                   40,993,971

               Source of funds                                                               

                   General fund                                             12,377,866

                   Global commitment fund                           12,890,508

                   Federal funds                                           14,815,041

                   Interdepartmental transfer                              910,556

                        Total                                                   40,993,971

     (a) Of the above appropriation, $14,000 in general funds shall be provided as a grant to the Vermont girl scouts for a program enabling girl scouts and their siblings to visit mothers in prison. 

Sec. 127.  Department for children and families - family services

                   Personal services                                      20,267,158

                   Operating expenses                                    3,118,322

                   Grants                                                      63,390,929

                        Total                                                   86,776,409

               Source of funds                                                               

                   General fund                                             16,373,209

                   Special funds                                              1,756,152

                   Tobacco funds                                                75,000

                   Global commitment fund                           41,832,990

                   Federal funds                                           26,059,058

                   Interdepartmental transfer                              680,000

                        Total                                                   86,776,409

     (a)  The Prevent Child Abuse Vermont program shall submit report to the house and senate committees on appropriations by December 15, 2007 on their statewide curriculum for child protection.

     (b)  Of the above appropriation, up to $200,000 may be allocated for teen parent education programs.

Sec. 128.  Department for children and families - child development

                   Personal services                                        2,943,906

                   Operating expenses                                       762,228

                   Grants                                                      48,541,208

                        Total                                                   52,247,342

               Source of funds                                                               

                   General fund                                             21,500,390

                   Special funds                                                 865,000

                   Global commitment fund                             3,040,746

                   Federal funds                                           26,615,454

                   Interdepartmental transfer                              225,752

                        Total                                                   52,247,342

Sec. 129.  Department for children and families - office of child support

                   Personal services                                        9,027,353

                   Operating expenses                                    3,797,607

                        Total                                                   12,824,960

               Source of funds                                                               

                   General fund                                               2,535,052

                   Special funds                                                 455,718

                   Federal  funds                                            9,446,590

                   Interdepartmental transfer                              387,600

                        Total                                                   12,824,960

Sec. 130.  Department for children and families - office of economic opportunity

                   Personal services                                           223,699

                   Operating expenses                                         80,705

                   Grants                                                        5,253,337

                        Total                                                     5,557,741

               Source of funds                                                               

                   General fund                                               1,038,546

                   Special funds                                                   57,340

                   Federal funds                                             4,210,782

                   Interdepartmental transfer                              251,073

                        Total                                                     5,557,741

     (a)  Of the above general fund appropriation, $692,000 shall be granted to community agencies for homeless assistance by preserving existing services or increasing services or increasing resources available statewide.  These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds.  Grant decisions shall be made with assistance from the coalition of homeless Vermonters.

Sec. 131.  Department for children and families - OEO - weatherization assistance

                   Personal services                                           159,531

                   Operating expenses                                       129,950

                   Grants                                                        7,735,000

                        Total                                                     8,024,481

               Source of funds                                                               

                   Special funds                                              6,745,753

                   Federal funds                                             1,278,728

                        Total                                                     8,024,481

     (a)  Of the above special fund appropriation, $400,000 is for the replacement and repair of home heating equipment.

     (b)  On or before January 30 of each year, the office of economic opportunity shall make a report to the house and senate committees on appropriations utilizing existing resources within state government available in the office of economic opportunity's weatherization data management system that compiles performance data available on households weatherized in the past year to include: 1) number of households weatherized; 2) average program expenditure per household for energy efficiency; 3) average percent energy savings; 4) energy and nonenergy benefits combined; 5) benefits saved for every dollar spent; 6) average savings per unit for heating fuels; 7) gallons of oil saved related to equivalent number of homes heated; 8) projected number of households to be weatherized in the current program year; and 9) projected program expenditures for the current program year ending March 31.

Sec. 132.  33 V.S.A. § 2503(g) is amended to read:

     (g)  On or before August 7 of each year, the director of the state economic opportunity office shall set aside a sum of money equaling 12 and one-half  two and one-half percent of the tax receipts of the fuel gross receipts tax for the preceding fiscal year in an escrow account.  The monies in the escrow account are to be used for rebate, as approved under subsections (e) and (f) of this section, of the gross receipts tax established in subsection (a) of this section. Upon approval of rebates, the director shall pay the approved rebates out of the escrow account. In the event that the approved rebates exceed the amount of money set aside in the escrow account, the director shall prorate each rebate. Any balance of rebate awards remaining unpaid as a result of proration may be carried forward for payment in a succeeding year. If monies set aside exceed approved rebates, then the balance shall be returned to the trust fund.  The director of the state economic opportunity office shall use the remainder of the tax receipts of the fuel gross receipts tax for the preceding fiscal year to assure the provision of weatherization services as described in subsections (a), (b) and (c) of section 2502 of this title.

Sec. 133.  Department for children and families - Woodside rehabilitation center

                   Personal services                                        2,632,506

                   Operating expenses                                       624,317

                        Total                                                     3,256,823

               Source of funds                                                               

                   General fund                                               3,201,931

                   Interdepartmental transfer                                54,892

                        Total                                                     3,256,823

Sec. 134.  Department for children and families - disability determination services

                   Personal services                                        3,221,300

                   Operating expenses                                       574,946

                        Total                                                     3,796,246

               Source of funds                                                               

                   Federal funds                                             3,549,729

                   Interdepartmental transfer                              246,517

                        Total                                                     3,796,246

Sec. 135.  Department for children and families - aid to aged, blind and disabled

                   Personal services                                        1,570,699

                   Grants                                                        9,791,580

                        Total                                                   11,362,279

               Source of funds                                                               

                   General fund                                               7,612,279

                   Global commitment fund                             3,750,000

                        Total                                                   11,362,279

     (a)  The commissioner in collaboration with the joint fiscal office shall perform an analysis comparing the cost of having the federal government process the supplemental benefit checks versus having the state or a private contractor process the checks.  The analysis shall include the cost of switching the responsibility for the check processing from the federal government to the state, the most effective time frame to effectuate the switch, and the potential savings from having the state process the checks.  The results of the analysis shall be presented to the house and senate committees on appropriations by December 1, 2007. 

Sec. 136.  Department for children and families - general assistance

                   Grants                                                        4,376,259

               Source of funds                                                               

                   General fund                                               2,854,939

                   Global commitment fund                                410,000

                   Federal funds                                             1,111,320

                        Total                                                     4,376,259

     (a)  Of the above 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 the above appropriation, an amount not to exceed $150,000 ($75,000 in federal TANF and $75,000 in general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations and have a continued need for this type of emergency assistance.  Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum. 

     (c)  Assistance under this section is not an entitlement and shall cease upon expenditure of these allocated funds. 

Sec. 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 assistance program within the general assistance program to create flexibility to provide these general assistance benefits.  The purpose of the pilot program is to mitigate poverty and serve applicants more effectively than currently served with the same amount of general assistance funds.  The pilot program shall operate consistent within existing statutes and rules except that it may grant exceptions to this program’s eligibility rules and may create programs and services as alternatives to these rules during the period of the pilot program.

     (b)  The agency shall engage interested parties in the design and implementation of the pilot program.  The interested parties involved may include both statewide groups and local agencies and groups in the districts where the pilot programs is expected to be implemented. 

     (c)  The pilot program may operate in up to three districts designated by the secretary of human services.  This program will be budget neutral.  For each district in which the agency operates the program, it shall establish procedures for evaluating the pilot and its effects.  The agency shall report annually to the general assembly on its findings from the programs, 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 the 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. 138.  Department for children and families - reach up

                   Grants                                                      39,205,606

               Source of funds                                                               

                   General fund                                             12,677,114

                   Special funds                                            19,403,000

                   Global commitment fund                                  45,685

                   Federal funds                                             7,079,807

                        Total                                                   39,205,606

Sec. 139.  MAINTENANCE-OF-EFFORT; FUNDING; EARNED INCOME TAX CREDIT

     (a)  The department for children and families shall analyze state-funded programs to determine whether the programs meet the federal requirements for TANF maintenance-of-effort in order to maximize the excess maintenance-of-effort available to the state, to increase state flexibility in operating the state’s TANF-funded, solely state-funded, and separate state-funded programs, and to avoid federal financial penalties.

     (b)  Beginning in state fiscal year 2007, the department of taxes shall certify the amount of earned income tax credit provided to families, which include a dependent child, to the department for children and families.  The department for children and families shall claim this amount as a use of federal temporary assistance for needy families (TANF) block grant funds.  The amount certified shall meet the requirements of federal law for purposes of reporting the TANF block grant funds. 

Sec. 140.  TANF EXEMPTION

     (a)  The commissioner may exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2008.

Sec. 141.  Department for children and families - home heating fuel assistance/LIHEAP

                   Personal services                                             20,000

                   Operating expenses                                         90,000

                   Grants                                                      10,146,117

                        Total                                                   10,256,117

               Source of funds                                                               

                    Special funds                                            10,256,117

     (a)  Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.

Sec. 142.  HOME HEATING FUEL ASSISTANCE/LIHEAP

     (a)  All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in fiscal year 2008 and all unexpended LIHEAP funds granted to the state in fiscal year 2007 are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under 33 V.S.A. chapter 26.

     (b)  For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2007, 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 2007-2008 crisis set-aside and seasonal home heating fuel assistance through December 31, 2007, and LIHEAP funds awarded as of December 31, 2007 for fiscal year 2008 do not exceed $2,550.000, subsequent payments under the home heating fuel assistance program shall not be made prior to January 30, 2008.  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, 2007, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

     (c)  The secretary of the agency of human services shall propose to the joint fiscal committee at the committee’s July, 2007 meeting a margin over rack pricing agreement and a fixed price agreement for the purchase of heating fuel.  The committee shall review the proposals and make a determination as to whether one of the proposals should be approved.  The intent is to maximize the purchasing power of public funds used in connection with the home heating fuel assistance program.  The proposal required by this section shall include recommendations, where feasible, for all applicable fuels purchased by program beneficiaries.

Sec. 142a.  FUEL ASSISTANCE; ASSET LEVEL REPORT

     (a)  The commissioners of the department for children and families and the department of disabilities, aging, and independent living shall assess the asset eligibility levels for Vermont’s seasonal home heating assistance program, including but not limited to:  how such levels compare to other states; to what extent current levels have kept pace with inflation; and how any increase in such levels would increase caseloads  and impact benefits.  In preparing its assessment, the commissioners shall consult with the Home Energy Assistance  Task Force established pursuant to 33 V.S.A. Sec. 2501a(c).  The commissioners  shall report their findings to the house and senate committees on appropriations on or before January 15, 2008.

Sec. 143.  33 V.S.A. § 2604(a) is amended to read:

     (a)  Household income eligibility requirements.  The secretary, by rule, shall establish household income and asset eligibility requirements of beneficiaries in the seasonal fuel assistance program including the income and assets of all residents of the household. 

          (1)  The income eligibility requirements shall require that households have a net household income no greater than 125 percent of the federal poverty level in order to be potentially eligible for benefits.  Net income shall be derived by making the following deductions from gross income: 20 percent of household members’ gross earned income; 100 percent of federal or state earned income credits received by household members; dependent care expenses that are within an allowable maximum, paid by a household member, and necessary to support a household member’s employment or training for employment, according to criteria established by the secretary by rule; child support or alimony payments made by a household member on behalf of a nonhousehold member that meet criteria established by the secretary by rule; $150.00 for each household member who is 60 years of age or older or disabled according to criteria established by the secretary by rule; any deductions or exclusions required by federal law or regulations; and any other deduction or exclusion established by the secretary by rule.

          (2)  In order to be eligible, a household shall have net household assets no greater than $5,000.00.  The secretary shall establish exclusions from the asset limit by rule. 

Sec. 144.  Department for children and families - food stamp cash out

                   Grants                                                      11,288,833

               Source of funds                                                               

                   Federal funds                                           11,288,833

Sec. 145.  Department for children and families - children's trust fund

                   Grants                                                           340,891

               Source of funds                                                               

                   General fund                                                  100,651

                   Special funds                                                   70,000

                   Federal funds                                                170,240

                        Total                                                        340,891

Sec. 146.  Disabilities, aging and independent living - administration & support

                   Personal services                                      23,442,892

                   Operating expenses                                    3,702,406

                        Total                                                   27,145,298

               Source of funds                                                               

                   General fund                                               6,467,588

                   Special Funds                                                952,910

                   Global Commitment fund                            5,940,176

                   Federal funds                                           11,352,141

                   Interdepartmental transfer                           2,432,483

                        Total                                                   27,145,298

     (a)  The department of disabilities, aging, and independent living, in cooperation with the Vermont center for independent living, shall investigate how many people with physical disabilities are at significant risk of, or living in, nursing homes and other inappropriate settings, and the degree to which additional funding to the Vermont center for independent living will allow these people to live in the most integrated setting possible.  The department shall report its findings to the house and senate committees on appropriations and the house committee on human services and the senate committee on health and welfare by January 15, 2008. 

Sec. 147.  [DELETED]

Sec. 148.  Disabilities, aging and independent living - advocacy and independent living - grants

                   Grants                                                      21,214,486

               Source of funds                                                               

                   General fund                                                9,938,299

                   Global commitment fund                             3,182,896

                   Federal funds                                             7,655,791

                   Interdepartmental transfer                              437,500

                        Total                                                   21,214,486

     (a)  Certification of adult day providers shall require a demonstration that the new program is filling an unmet need for adult day services in a given geographic region.

     (b)  Reimbursement for adult day services shall be at least $13.00 per hour. 

Sec. 149.  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. 150.  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. 151.  Disabilities, aging and independent living - TBI home and community based waiver

                   Grants                                                        3,415,448

               Source of funds                                                               

                   Global commitment fund                             3,415,448

Sec. 152.  Disabilities, aging and independent living - developmental services

                   Grants                                                    127,545,146

               Source of funds                                                               

                   General fund                                                  162,964

                   Special funds                                                 185,463

                   Global commitment fund                         126,872,324

                   Federal funds                                                324,395

                        Total                                                 127,545,146

Sec. 152a.  TRAUMATIC BRAIN INJURY STUDY COMMITTEE

(a)  A committee of the following is members is created: one member of the house committee on human services, appointed by the speaker of the house; one member of the senate committee on health and welfare, appointed by the committee on committees; four representatives of the agency of human services from the department of disabilities, aging, and independent living, the department of mental health, the division of developmental services, and the traumatic brain injury program, appointed by the secretary of human services; and one physician and one member of the psychiatric or mental health treatment community, appointed by the governor.

(b)  The committee shall evaluate the nature and scope of the need of Vermonter’s for help in performing activities of daily living as a result of traumatic brain injury, depression, anxiety, stroke, Alzheimer’s, postpartum depression, and addiction.  The committee shall also analyze insurance coverage for these conditions.

(c)  The committee may meet up to four times and file a report of its recommendations by December 15, 2007.

(d)  Members of the general assembly shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided to members of standing committees under section 406 of Title 2.

Sec. 153.  Corrections - administration

                   Personal services                                        2,041,100

                   Operating expenses                                       316,087

                        Total                                                     2,357,187

               Source of funds                                                               

                   General fund                                               2,357,187

Sec. 153a.  Corrections – correctional facilities and services

     (a)  The general assembly finds that spending nearly $70,000 per inmate annually at the Dale women’s facility in Waterbury is unsustainable.  The department of corrections shall develop a plan to deal with the cost of incarcerating inmates at the Dale facility, which shall include:

          (1)  Closing the Dale women’s facility permanently by April 1, 2008.

          (2)  Temporarily closing the Chittenden regional correctional facility in South Burlington to perform necessary renovations to reopen it as a women’s correctional and temporary detention facility.  The department of corrections may suggest an alternative facility to house the female prison population.

          (3)  Changing the use of the southeast state correctional facility in Windsor from a women’s correctional facility to either a work camp or a minimum security prison for men.

          (4)  Seeking contracts with public and private correctional services at out-of-state facilities that are as close to this state as possible.

     (b)  The department of corrections’ plan shall have a projected savings of $4,000,000.00 in incarceration costs, half of which shall be reinvested in reentry services provided to inmates after their release. In addition to the requirements of subsection (a) of this section, the plan shall explore a variety of options to meet this goal, including but not limited to:

          (1)  Recommended changes to department policies and practices that will result in a reduction of at least 10 percent in the number of inmates incarcerated for non-violent offenses by June 30, 2008.

          (2)  Utilizing less costly community-based alternatives to incarceration for non-violent offenders.

          (3)  Amending the eligibility criteria that would expand the use of electronic monitoring through a global positioning system as means of reducing the non-violent incarcerated population.

     (c)  The department of corrections shall report the plan developed pursuant to subsections (a) and (b) of this section to the joint fiscal committee and the joint corrections oversight committee no later than November 1, 2007.

(d)  In developing the plan required by this section, the department of corrections shall consult with the police chiefs, sheriff, and state’s attorney of Chittenden County regarding the impacts of having no facility for incarcerating or detaining the male population in Chittenden County, and the plan shall include a proposal to address these impacts. 

Sec. 154.  Corrections - parole board

                   Personal services                                           306,179

                   Operating expenses                                         65,555

                        Total                                                        371,734

               Source of funds                                                               

                   General fund                                                  371,734

Sec. 155.  Corrections - correctional education

                   Personal services                                        3,875,474

                   Operating expenses                                       343,662

                        Total                                                     4,219,136

               Source of funds                                                               

                   General fund                                               3,321,986

                   Interdepartmental transfer                              897,150

                        Total                                                     4,219,136

Sec. 156.  Corrections - correctional services

                   Personal services                                      73,795,693

                   Operating expenses                                  31,361,582

                   Grants                                                        1,660,500

                        Total                                                 103,817,775

               Source of funds                                                               

                   General fund                                             99,470,305

                   Special funds                                                 597,919

                   Tobacco fund                                                  87,500

                   Global commitment fund                             2,894,144

                    Federal funds                                                686,861

                   Interdepartmental transfer                                81,046

                        Total                                                 103,817,775

     (a)  Of the above general fund appropriation, $103,000 shall be used as a grant to Dismas House of Vermont, Inc. 

     (b)  The commissioner of corrections and the commissioner of buildings and general services shall reduce the projected $129,000 increase in fleet related expenses.  The $129,000 shall be redirected to offender re-entry programs.

Sec. 157.  Corrections - correctional services - out-of-state beds

                   Operating expenses                                    9,621,342

               Source of funds                                                               

                   General fund                                               9,621,342

Sec. 158.  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. 159.  Corrections - Vermont offender work program

                   Personal services                                        1,412,977

                   Operating expenses                                    1,909,635

                        Total                                                     3,322,612

               Source of funds                                                               

                   Internal service funds                                  3,322,612

Sec. 160.  Vermont veterans' home - care and support services

                   Personal services                                      13,342,317

                   Operating expenses                                    3,084,150

                        Total                                                   16,426,467

               Source of funds                                                               

                   Special funds                                            10,466,920

                   Global commitment fund                                913,047

                   Federal funds                                             5,046,500

                        Total                                                   16,426,467

     (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 veterans' home is authorized to spend up to $200,000 of carry forward funds from fiscal year 2007 to fiscal year 2008 on building maintenance and improvement projects.

Sec. 161.  Commission on women

                   Personal services                                           207,262

                   Operating expenses                                         58,628

                        Total                                                        265,890

               Source of funds                                                               

                   General fund                                                  260,890

                   Special funds                                                     5,000

                        Total                                                        265,890

Sec. 162.  Retired senior volunteer program

                   Grants                                                           131,096

               Source of funds                                                               

                   General fund                                                  131,096

Sec. 163.  Total human services                               2,532,453,210

               Source of funds                                                               

                   General fund                                           494,720,296

                   Special funds                                            76,237,668

                   Tobacco fund                                           35,546,820

                   Global commitment fund                         852,894,638

                   State health care resources fund              157,167,075

                   Catamount fund                                        13,015,143

                   Federal funds                                         883,324,139

                   Permanent trust funds                                      10,000

                   Internal service funds                                  3,322,612

                   Interdepartmental transfer                         16,214,819

                        Total                                              2,532,453,210

Sec. 164.  Labor - programs

                   Personal services                                      19,476,718

                   Operating expenses                                    4,317,857

                   Grants                                                        1,665,000

                        Total                                                   25,459,575

               Source of funds                                                               

                   General fund                                               2,135,711

                   Special funds                                              2,581,586

                   Catamount fund                                             315,258

                   Federal funds                                           18,326,794

                   Interdepartmental transfer                           2,100,226

                        Total                                                   25,459,575

Sec. 165.  Labor - administration

                   Personal services                                        2,463,105

                   Operating expenses                                       764,672

                        Total                                                     3,227,777

               Source of funds                                                               

                   General fund                                                  222,484

                   Special funds                                                 315,633

                   Catamount fund                                               78,814

                   Federal funds                                             2,307,234

                   Interdepartmental transfer                              303,612

                        Total                                                     3,227,777

     (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. 166.  Labor - domestic and sexual violence survivors' transitional employment program

                   Grants                                                             30,000

               Source of funds                                                               

                   Special fund                                                     30,000

Sec. 167.  Total labor                                                   28,717,352

               Source of funds                                                               

                   General fund                                               2,358,195

                   Special funds                                              2,927,219

                   Catamount fund                                             394,072

                   Federal funds                                           20,634,028

                   Interdepartmental transfer                           2,403,838

                        Total                                                   28,717,352

Sec. 168.  Education - finance and administration

                   Personal services                                        4,930,371

                   Operating expenses                                    1,671,659

                   Grants                                                      14,505,600

                        Total                                                   21,107,630

               Source of funds                                                               

                   General fund                                               3,435,105

                   Special funds                                            14,983,034

                   Global commitment fund                                822,999

                   Federal funds                                             1,859,375

                   Interdepartmental transfer                                  7,117

                        Total                                                   21,107,630

Sec. 169.  EDUCATION; EXCESS SPENDING; EXCEPTION

     (a)  Notwithstanding any provision of 32 V.S.A. § 5401(12) and upon approval of the commissioner of education, excess spending shall not include any deficit repayment that arose solely from the unexpected cost of paying for additional personnel who were needed after the budget was passed due to extraordinary circumstances resulting in the loss of life of school personnel on school grounds.

Sec. 170.  UNEXPECTED COST OF PERSONNEL; LOAN

     (a)  The executive director of the center for crime victims services may lend up to $300,000, without interest, from the crime victims’ restitution special fund, created pursuant to 13 V.S.A. § 5363, to a school district to pay for a budget deficit that arose solely from the unexpected cost of paying for additional personnel, who were needed purely because of extraordinary circumstances resulting in the loss of life of school personnel on school grounds, if the district’s loan request is approved by the commissioner of education.  The district shall fully repay the loan in installments made over a period not to exceed five years.  The center shall report annually to the state treasurer on the payments and receivables related to the loan.

Sec. 171.  Education - education services

                   Personal services                                      12,540,453

                   Operating expenses                                    1,962,260

                   Grants                                                    109,759,876

                        Total                                                 124,262,589

               Source of funds                                                               

                   General fund                                               7,714,165

                   Transportation fund                                       127,483

                   Special funds                                              1,971,782

                   Federal funds                                         114,200,027

                   Interdepartmental transfer                              249,132

                        Total                                                 124,262,589

Sec. 172.  Education - technical education

                   Grants                                                      11,612,818

               Source of funds                                                               

                   Education fund                                         11,612,818

     (a)  The appropriation in this section shall be authorized notwithstanding 16 V.S.A. § 1564.

Sec. 173.  Education - special education: formula grants

                   Grants                                                    133,794,159

               Source of funds                                                               

                   Education fund                                       133,564,159

                   Global commitment fund                                230,000

                        Total                                                 133,794,159

     (a)  Of the appropriation authorized in this section and notwithstanding any other provision of law, an amount not to exceed $3,170,820 shall be used by the department of education in fiscal year 2008 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 $162,872 may be used by the department of education for its participation in the higher education partnership plan.

Sec. 174.  Education - state-placed students

                   Grants                                                      14,750,000

               Source of funds                                                               

                   Education fund                                         14,750,000

     (a)  The Independence Place program of the Lund Family Center shall be considered a 24-hour residential program for the purposes of reimbursement of education costs.

Sec. 175.  Education - adult education and literacy

                   Grants                                                        4,593,059

               Source of funds                                                               

                   General fund                                               2,717,398

                   Education fund                                           1,000,000

                   Federal funds                                                875,661

                        Total                                                     4,593,059

Sec. 176.  Education - adjusted education payment

                   Grants                                                 1,069,705,050

               Source of funds                                                               

                   Education fund                                    1,069,705,050

Sec. 177.  Education - essential early education grant

                   Grants                                                        5,199,124

               Source of funds                                                               

                   Education fund                                           5,199,124

Sec. 178.  Education - transportation

                   Grants                                                      14,453,479

               Source of funds                                                               

                   Education fund                                         14,453,479

Sec. 179.  Education - small school grants

                   Grants                                                        5,925,000

               Source of funds                                                               

                   Education fund                                           5,925,000

Sec. 180.  Education - capital debt service aid

                   Grants                                                           281,774

               Source of funds                                                               

                   Education fund                                              281,774

Sec. 181.  Education - tobacco litigation

                   Personal services                                           145,112

                   Operating expenses                                         18,119

                   Grants                                                           832,437

                        Total                                                        995,668

               Source of funds                                                               

                   Tobacco fund                                                995,668

Sec. 182.  Education - Act 117 Cost Containment

                   Personal services                                        1,070,190

                   Operating expenses                                       121,515

                   Grants                                                             91,000

                        Total                                                     1,282,705

               Source of funds                                                               

                   Special funds                                              1,282,705

     (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. 183.  FUND APPROPRIATION AND TRANSFER

     (a)  There is appropriated in fiscal year 2008 from the general fund for transfer to the education fund the amount of $280,200,000.

Sec. 184.  16 V.S.A. § 4025(a)(2) is amended to read:

          (2)  Funds appropriated or transferred by the general assembly, and in fiscal year 2006 and thereafter there is appropriated and transferred from the general fund to the education fund the amount appropriated and transferred in the prior fiscal year adjusted by the percentage change in general fund base spending in the current fiscal year For each fiscal year, the governor shall present a budget to the legislature providing for a general fund appropriation and transfer to the education fund in this amount, and the legislature shall appropriate and transfer this amount adjusted as necessary to reflect the actual amount of general fund base spending enacted by the legislature for that fiscal year.  For each fiscal year, the amount of the general funds appropriated or transferred to the education fund shall be $280,200,000 increased by the most recent New England economic project cumulative price index, as of November 15, for state and local government purchases of goods and services from fiscal year 2008 through the fiscal year for which the payment is being determined, plus an additional one-tenth of one percent.

***

Sec. 185.  [DELETED] 

Sec. 186.  State teachers' retirement system

                   Personal services                                      20,887,841

                   Operating expenses                                       884,783

                   Grants                                                      32,549,097

                        Total                                                   54,321,721

               Source of funds                                                               

          General fund                                                       32,549,097

                   Pension trust funds                                    21,772,624

                        Total                                                   54,321,721

     (a)  Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of annual contribution to the Vermont state teachers' retirement system shall be $32,549,097 in fiscal year 2008.

     (b)  In accordance with 16 V.S.A. § 1944(c)(2), of the above grant appropriation $26,567,961 is appropriated as the "normal contribution," and $5,981,136 is appropriated as the "accrued liability contribution."  The state teachers' retirement system will be fully funded for the actuarial recommendation for fiscal year 2008 by using one-time general fund revenues of $7,000,000 appropriated in Sec. 274(a)(7) of this act combined with an estimated $1,200,000 of Medicare Part D reimbursement funds.

Sec. 187.  TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS

     (a)  The amount of $3,228,945 in education funds is appropriated in fiscal year 2008 to implement the provisions of 32 V.S.A. § 4041a(a) relating to payments to municipalities for reappraisal costs, and  5405(f) relating to payments of $1.00 per grand list parcel.

Sec. 188.  Renter rebate

               Grants                                                              7,624,823

               Source of funds                                                               

                   General fund                                               2,277,149

                   Education fund                                           5,347,674

                        Total                                                     7,624,823

Sec. 189.  Total general education and property

 tax assistance                                                          1,753,338,544

               Source of funds                                                               

                   General fund                                           328,892,914

                   Transportation fund                                       127,483

                   Education fund                                    1,265,068,023

                   Special funds                                            18,237,521

                   Tobacco fund                                                995,668

                   Global commitment fund                             1,052,999

                   Federal funds                                         116,935,063

                   Pension trust funds                                    21,772,624

                   Interdepartmental transfer                              256,249

                        Total                                              1,753,338,544

Sec. 190.  University of Vermont

                   Grants                                                      41,336,293

               Source of funds                                                               

                   General fund                                             37,418,776

                   Global commitment fund                             3,917,517

                        Total                                                   41,336,293

     (a)  The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the fifteenth day of each calendar month of the year.

     (b)  Of the above appropriation, $393,807 shall be transferred to EPSCoR for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.

     (c)  If Global Commitment fund monies are unavailable, the total grant funding for the University of Vermont shall be maintained through the general fund or other state funding sources.

Sec. 191.  University of Vermont- Morgan horse farm

                   Grants                                                               5,200

               Source of funds                                                               

                   General fund                                                      5,200

Sec. 192.  Vermont public television

                   Grants                                                           605,737

               Source of funds                                                               

                   General fund                                                  605,737

Sec. 193.  Vermont state colleges

                   Grants                                                      23,765,480

               Source of funds                                                               

                   General fund                                             23,765,480

     (a)  The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont state colleges on or about the fifteenth day of each calendar month of the year.

     (b)  Of the above appropriation, $445,358 shall be transferred to the Vermont manufacturing extension center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds or both.

Sec. 194.  Vermont state colleges - allied health

                   Grants                                                        1,052,759

               Source of funds                                                               

                   General fund                                                  653,540

                   Global Commitment fund                               399,219

                        Total                                                     1,052,759

     (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.

Sec. 195.  Vermont interactive television

                   Grants                                                           858,163

               Source of funds                                                               

                   General fund                                                  858,163

Sec. 196.  Vermont student assistance corporation

                   Grants                                                      18,954,149

               Source of funds                                                               

                   General fund                                              18,954,149

     (a)  Of the above 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.  It is the intent of the general assembly that the amount of $25,000 continue to be appropriated from the general fund on an ongoing, annually recurring basis for this purpose.

     (b)  Except as provided in subsection (a) of this section, not less than 100 percent of grants shall be used for direct student aid.

Sec. 196a.  Sec. 2 of No. 72 of the Acts of 2004 is amended to read:

Sec. 2.  APPROPRIATION; SUNSET

(a)  The amount of $25,000.00 is appropriated from the general fund to the Vermont Student Assistance Corporation for deposit into the trust fund established in 16 V.S.A. § 2845.  It is the intent of the general assembly to appropriate another $25,000.00 for this purpose in each of the next four fiscal years.

(b)  This act shall be repealed on July 1, 2008.  Notwithstanding 16 V.S.A. § 2845(a), in fiscal year 2008, the board of the Vermont Student Assistance Corporation may withdraw up to 100 percent of the assets in the trust fund established in Sec. 1 of this act.  If any funds remain in the trust fund upon repeal of this act, the funds shall be used by the Vermont Student Assistance Corporation to provide incentive grants under 16 V.S.A. § 2844.

Sec. 197.  New England higher education compact

          Grants                                                                        80,000

               Source of funds                                                               

                   General fund                                                    80,000

Sec. 198.  Total higher education and other                  86,657,781

               Source of funds                                                               

                   General fund                                             82,341,045

                   Global commitment fund                             4,316,736

                        Total                                                   86,657,781

Sec. 199.  Natural resources - agency of natural resources - administration

                   Personal services                                        4,759,758

                   Operating expenses                                    1,828,960

                   Grants                                                             31,500

                        Total                                                     6,620,218

               Source of funds                                                               

                   General fund                                               4,906,556

                   Special funds                                              1,095,911

                   Federal funds                                                441,000

                   Interdepartmental transfer                              176,751

                        Total                                                     6,620,218

Sec. 200.  Connecticut river watershed advisory commission

                   Grants                                                             60,000

               Source of funds                                                               

                   General fund                                                    60,000

Sec. 201.  Citizens' advisory committee on Lake Champlain's future

                   Personal services                                               3,600

                   Operating expenses                                           3,900

                        Total                                                            7,500

               Source of funds                                                               

                   General fund                                                      7,500

Sec. 202.  Natural resources - state land local property tax assessment

                   Operating expenses                                    1,574,000

               Source of funds                                                               

                   General fund                                               1,312,500

                   Interdepartmental transfer                              261,500

                        Total                                                     1,574,000

Sec. 203.  Green up

                   Operating expenses                                           5,057

                   Grants                                                             10,550

                        Total                                                          15,607

               Source of funds                                                               

                   General fund                                                      5,057

                   Special funds                                                   10,550

                        Total                                                          15,607

Sec. 204.  Fish and wildlife - support and field services

                    Personal services                                      10,890,281

                   Operating expenses                                    4,316,728

                   Grants                                                           717,875

                        Total                                                   15,924,884

               Source of funds                                                               

                   General fund                                                2,131,687

                   Fish and wildlife fund                                13,775,694

                   Interdepartmental transfer                                17,503

                        Total                                                   15,924,884

Sec. 205.  Fish and wildlife - watershed improvement

                   Grants                                                             75,000

               Source of funds                                                               

                   Fish and wildlife fund                                       75,000

Sec. 206.  Forests, parks and recreation - administration

                   Personal services                                        1,002,905

                   Operating expenses                                       703,107

                   Grants                                                        1,830,100

                        Total                                                     3,536,112

               Source of funds                                                               

                   General fund                                               1,225,112

                   Special funds                                              1,406,000

                   Federal funds                                                905,000

                        Total                                                     3,536,112

     (a)  The commissioner of the department of forests, parks, and recreation shall allocate a minimum of $10,000 of the funds appropriated to this department for the eradication and control of buckthorn.  The commissioner shall seek other sources of funding for this effort including additional allocations within this budget.  In order to mitigate the threat this invasive species poses to the forest products industry in Vermont, the commissioner shall submit a report to the general assembly by January 15, 2008. The report shall include a long term plan for eradication and control of buckthorn and the estimated annual budget needed to implement the plan and any potential sources that may be available.

Sec. 207.  Forests, parks and recreation - forestry

                   Personal services                                        4,638,283

                   Operating expenses                                       668,116

                   Grants                                                           313,000

                        Total                                                     5,619,399

               Source of funds                                                               

                   General fund                                               3,932,399

                   Special funds                                                 360,000

                   Federal funds                                             1,300,000

                   Interdepartmental transfer                                27,000

                        Total                                                     5,619,399

Sec. 208.  Forests, parks and recreation - state parks

                   Personal services                                        5,131,552

                   Operating expenses                                    2,230,611

                        Total                                                     7,362,163

               Source of funds                                                               

                   General fund                                                  956,226

                   Special funds                                              6,405,937

                        Total                                                     7,362,163

Sec. 209.  Forests, parks and recreation - lands administration

                   Personal services                                           486,557

                   Operating expenses                                       230,261

                        Total                                                        716,818

               Source of funds                                                               

                   General fund                                                  486,818

                   Special fund                                                  145,000

                   Federal funds                                                  50,000

                   Interdepartmental transfer                                35,000

                        Total                                                        716,818

Sec. 210.  Forests, parks and recreation - youth conservation corps

                   Personal services                                           292,523

                   Operating expenses                                           9,593

                   Grants                                                           450,000

                        Total                                                        752,116

               Source of funds                                                               

                   General fund                                                    50,000

                   Special funds                                                 358,116

                   Federal funds                                                  94,000

                   Interdepartmental transfer                              250,000

                        Total                                                        752,116

Sec. 211.  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. 212.  Environmental conservation - management and support services

                   Personal services                                        3,024,560

                   Operating expenses                                       890,844

                   Grants                                                             79,024

                        Total                                                     3,994,428

               Source of funds                                                               

                   General fund                                               1,181,587

                   Special funds                                                 790,540

                   Federal funds                                             1,111,505

                   Interdepartmental transfer                              910,796

                        Total                                                     3,994,428

Sec. 213.  Environmental conservation - air and waste management

                   Personal services                                        7,788,764

                   Operating expenses                                    6,123,303

                   Grants                                                        1,704,585

                        Total                                                   15,616,652

               Source of funds                                                               

                   General fund                                               1,107,695

                   Special funds                                            11,180,272

                   Federal funds                                             3,154,700

                   Interdepartmental transfer                              173,985

                        Total                                                   15,616,652

Sec. 214.  Environmental conservation - office of water programs

                   Personal services                                      13,398,869

                   Operating expenses                                    2,169,397

                   Grants                                                        2,948,623

                        Total                                                   18,516,889

               Source of funds                                                               

                   General fund                                               6,917,948

                   Special funds                                              4,530,176

                   Federal funds                                             6,603,765

                   Interdepartmental transfer                              465,000

                        Total                                                   18,516,889

Sec. 215.  Environmental conservation - tax-loss-Connecticut river flood control

                   Operating expenses                                         40,000

               Source of funds                                                               

                   Special funds                                                   40,000

Sec. 216.  Natural resources board 

                   Personal services                                        2,400,747

                   Operating expenses                                       431,292

                        Total                                                     2,832,039

               Source of funds                                                               

                   General fund                                               1,057,827

                   Special funds                                              1,774,212

                        Total                                                     2,832,039

Sec. 217.  Total natural resources                                 83,587,803

               Source of funds                                                               

                   General fund                                             25,662,890

                   Fish and wildlife fund                                13,850,694

                   Special funds                                            28,096,714

                   Federal funds                                           13,659,970

                   Interdepartmental transfer                           2,317,535

                        Total                                                   83,587,803

Sec. 218.  Commerce and community development - agency of commerce and community development - administration

                   Personal services                                        2,113,879

                   Operating expenses                                       782,330

                   Grants                                                        1,046,200

                        Total                                                     3,942,409

               Source of funds                                                               

                   General fund                                               2,874,982

                   Federal funds                                                800,000

                   Interdepartmental transfer                              267,427

                        Total                                                     3,942,409

     (a)  The agency and the department shall present a report to the joint fiscal committee at its November 2007 meeting.  This report shall include recommendations for potential changes to the current funding and structure of the states regional economic development system.  These may include expansion, elimination or consolidation of regional development corporations.

Sec. 219.  Housing and community affairs

                   Personal services                                        2,307,833

                   Operating expenses                                       361,339

                   Grants                                                        4,415,137

                        Total                                                     7,084,309

               Source of funds                                                               

                   General fund                                               1,390,297

                   Special funds                                              3,991,815

                   Federal funds                                             1,646,697

                   Interdepartmental transfer                                55,500

                        Total                                                     7,084,309

     (a)  Of the above appropriation, no less than $60,000 in general funds shall be granted to the Champlain Valley office of economic opportunity's mobile home project for the "First Stop" program, which provides assistance to mobile home residents statewide.

     (b)  The division and programs funded by grants from this appropriation shall seek to reduce mailing expenses by using e-mail for notifications wherever appropriate.

Sec. 220.  Historic sites - operations

                   Personal services                                           636,402

                   Operating expenses                                       305,208

                        Total                                                        941,610

               Source of funds                                                               

                   General fund                                                  542,327

                   Special funds                                                 369,652

                   Interdepartmental transfer                                29,631

                        Total                                                        941,610

Sec. 221.  Historic sites - special improvements

                   Personal services                                           427,660

                   Operating expenses                                       778,705

                        Total                                                     1,206,365

               Source of funds                                                               

                   Special funds                                                   50,000

                   Federal funds                                                472,961

                   Interdepartmental transfer                              683,404

                        Total                                                     1,206,365

Sec. 222.  Community development block grants

                   Grants                                                        7,446,530

               Source of funds                                                               

                   Federal funds                                             7,446,530

     (a)  Community development block grants will carry forward until expended.

     (b)  Community development block grant (CDBG) funds shall be expended in accordance with and in the order of the following priorities:

          (1)  The greatest priority for the use of CDBG funds will be the creation and retention of affordable housing and jobs.

          (2)  The overarching priority and fundamental objective in the use of funds for all affordable housing is to achieve perpetual affordability through the use of mechanisms that produce housing resources that will continue to remain affordable over time. It is the goal of the state to maintain at least 45 to 55 percent of CDBG funds for affordable housing applications.

          (3)  Among affordable housing applications, the highest priorities are to preserve and increase the supply of affordable family housing, to reduce and strive to eliminate childhood homelessness, and to serve families and individuals at or below 30 percent of HUD Area Median Income and people with special needs as described in the Consolidated Plan.  Housing for seniors should be considered a priority when it meets clear unmet needs in the region for the lowest income seniors.

          (4)  Projects which address the ongoing deterioration of the existing housing stock through acquisition, preservation, and rehabilitation of units shall comply with housing quality standards with priority given to lead hazard reduction and energy efficiency.

          (5)  Preference shall be given to projects that maintain the historic settlement pattern of compact village and downtown centers separated by a rural working landscape. Funds generally should not be awarded to projects that promote or constitute sprawl, defined as dispersed development outside of compact urban and village centers, along highways, and in rural countryside.

     (c)  Up to $750,000 may be set aside for brownfield sites after submission of a plan to the joint fiscal committee.  Of this amount, the agency of commerce and community development may commit such amounts it deems necessary and appropriate to the regional revolving loan fund for the purpose of assisting income eligible homeowners to replace failed wastewater or potable water supply systems.  Funds not expended for this assistance in any grant round shall be made available for applications that address the priorities in (1)-(5) of subsection (b) of this section.  By January 15, 2008, the agency shall report to the house and senate committees on appropriations and natural resources and energy on the amounts expended to replace failed systems, including the number of homeowners assisted and the counties in which such assistance was provided.

Sec. 223.  Downtown transportation and capital improvement fund

                   Personal services                                             40,000

                   Grants                                                           760,000

                        Total                                                        800,000

               Source of funds                                                               

                   Special funds                                                 800,000

Sec. 224.  Economic development

                   Personal services                                        1,934,901

                   Operating expenses                                       639,216

                   Grants                                                        1,716,378

                        Total                                                     4,290,495

               Source of funds                                                               

                   General fund                                               3,574,675

                   Special funds                                                 517,350

                   Federal funds                                                198,470

                        Total                                                     4,290,495

(a)  Included in the above appropriation is a $72,000 increase over fiscal year 2007 for the regional development corporations.  These additional funds shall be distributed only to the regional development corporations that are fulfilling their contractual obligations in a timely and proper manner.

Sec. 225.  [DELETED]

Sec. 226.  Vermont training program

                   Personal services                                           136,477

                   Operating expenses                                         19,928

                   Grants                                                        1,486,789

                        Total                                                     1,643,194

               Source of funds                                                               

                   General fund                                               1,608,194

                   Special funds                                                   35,000

                        Total                                                     1,643,194

Sec. 227.  Tourism and marketing

                   Personal services                                        1,635,474

                   Operating expenses                                    2,171,653

                   Grants                                                           367,000

                        Total                                                     4,174,127

               Source of funds                                                               

                   General fund                                               4,168,127

                   Special funds                                                     6,000

                        Total                                                     4,174,127

Sec. 228.  Vermont life

                   Personal services                                           693,124

                   Operating expenses                                         96,769

                        Total                                                        789,893

               Source of funds                                                               

                   Enterprise funds                                             789,893

Sec. 229.  Vermont council on the arts

                   Grants                                                           545,618

               Source of funds                                                               

                   General fund                                                  545,618

Sec. 230.  Vermont symphony orchestra

                   Grants                                                           122,343

               Source of funds                                                               

                   General fund                                                  122,343

Sec. 231.  Vermont historical society

                   Grants                                                           849,673

               Source of funds                                                               

                   General fund                                                  849,673

Sec. 232.  Vermont housing and conservation board

                   Grants                                                      25,087,472

               Source of funds                                                               

                   Special funds                                            15,383,258

                   Federal funds                                             9,704,214

                        Total                                                   25,087,472

     (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.  Notwithstanding the limitations in 10 V.S.A. §321(b), and this subsection, the housing and conservation board may expend up to $200,000 of HOME funds in fiscal year 2008 to assist Vermont owners of affordable housing to replace failed wastewater or potable water supply systems, provided that (i) priority will be given to homes that are perpetually affordable, (ii) HOME funds shall be highly leveraged by other public and private funds; and (iii) HOME funds shall be secured by due on sale mortgages.

Sec. 232a.  10 V.S.A. § 6093(b) is added to read:

     (b) Easements required for protected lands. All primary agricultural soils preserved for commercial or economic agricultural use by the Vermont housing and conservation board pursuant to this section shall be protected by permanent conservation easements (grant of development rights and conservation restrictions) conveyed to a qualified holder, as defined in section 821 of this title, with the ability to monitor and enforce easements in perpetuity.  Offsite mitigation fees may be used by the Vermont Housing and Conservation Board to pay reasonable staff/transaction costs of the board and Agency of Agriculture, Food, and Markets to preserve primary agricultural soils or to implement sections 6086(a)(9)(B) or 6093 of this title.

Sec. 233.  Vermont humanities council

                   Grants                                                           185,599

               Source of funds                                                               

                   General fund                                                  185,599

Sec. 234.  Total commerce and community

development                                                                 59,109,637

               Source of funds                                                               

                   General fund                                             15,861,835

                   Special funds                                            21,153,075

                   Federal funds                                           20,268,872

                   Enterprise funds                                             789,893

                   Interdepartmental transfer                           1,035,962

                        Total                                                   59,109,637

Sec. 235.  TRANSPORTATION

     (a)  Transportation fund appropriations made available for the agency of transportation in cooperation with the federal government shall be available until expended and shall not revert.

     (b)  The commissioner of finance and management shall maintain and control transportation appropriations in separate state and federal appropriations, as needed, and may incur overdrafts in personal services and operating expenses pending distribution of payroll and employee charges to other appropriations.

Sec. 236.  Transportation - finance and administration

                   Personal services                                        8,878,609

                   Operating expenses                                    2,475,584

                        Total                                                   11,354,193

               Source of funds                                                               

                   Transportation fund                                  10,903,302

                   Federal funds                                                450,891

                        Total                                                   11,354,193

Sec. 237.  Transportation - aviation 

                   Personal services                                        1,761,751

                   Operating expenses                                    5,295,449

                   Grants                                                           160,000

                        Total                                                     7,217,200

               Source of funds                                                               

                   Transportation fund                                    2,123,200

                   Federal funds                                             5,094,000

                        Total                                                     7,217,200

Sec. 238.  Transportation - buildings

                   Personal services                                             76,579

                   Operating expenses                                     1,572,421

                        Total                                                     1,649,000

               Source of funds                                                               

                   Transportation fund                                    1,649,000

Sec. 239.  Transportation - program development

                   Personal services                                      35,867,267

                   Operating expenses                                113,249,085

                   Grants                                                      26,116,926

                        Total                                                 175,233,278

               Source of funds                                                               

                   Transportation fund                                  34,265,434

                   Local match                                               1,788,677

                   Federal funds                                         134,009,167

                   Interdepartmental transfer                           5,170,000

                        Total                                                 175,233,278

Sec. 240.  Transportation - rest areas

                   Personal services                                           100,000

                   Operating expenses                                    3,550,000

                        Total                                                     3,650,000

               Source of funds                                                               

                   Transportation fund                                       391,760

                   Federal funds                                             3,258,240

                        Total                                                     3,650,000

Sec. 241.  Transportation - maintenance state system

                   Personal services                                      32,933,303

                   Operating expenses                                  30,711,345

                   Grants                                                           206,500

                        Total                                                   63,851,148

               Source of funds                                                               

                   Transportation fund                                  60,027,213

                   Federal funds                                             3,723,935

                   Interdepartmental transfer                              100,000

                        Total                                                   63,851,148

Sec. 242.  Transportation - policy and planning

                   Personal services                                        4,751,662

                   Operating expenses                                    1,023,485

                   Grants                                                        5,253,815

                        Total                                                   11,028,962

               Source of funds                                                               

                   Transportation fund                                    2,380,861

                   Federal funds                                             8,148,101

                   Interdepartmental transfer                              500,000

                        Total                                                   11,028,962

Sec. 243.  Transportation - rail 

                   Personal services                                        5,102,227

                   Operating expenses                                  14,243,260

                   Grants                                                        3,320,000

                        Total                                                   22,665,487

               Source of funds                                                               

                   Transportation fund                                  10,053,487

                   Federal funds                                           12,612,000

                        Total                                                   22,665,487

Sec. 244.  Transportation - bridge maintenance

                   Operating expenses                                    4,865,945

               Source of funds                                                               

                   Transportation fund                                    1,734,495

                   Federal funds                                             3,131,450

                        Total                                                     4,865,945

Sec. 245.  Transportation - public transit

                   Personal services                                           948,669

                   Operating expenses                                         77,517

                   Grants                                                       16,641,035

                        Total                                                   17,667,221

               Source of funds                                                               

                   Transportation fund                                    6,271,620

                   Federal funds                                           11,395,601

                        Total                                                   17,667,221

Sec. 246.  Transportation - central garage

                   Personal services                                        3,245,502

                   Operating expenses                                  11,366,120

                        Total                                                   14,611,622

               Source of funds                                                               

                   Internal service funds                                14,611,622

Sec. 247.  Department of motor vehicles

                   Personal services                                      17,247,036

                   Operating expenses                                    7,629,667

                   Grants                                                           339,000

                        Total                                                   25,215,703

               Source of funds                                                               

                   Transportation fund                                  23,441,564

                   Federal funds                                             1,774,139

                        Total                                                   25,215,703

Sec. 248.  Transportation - town highway structures

                   Grants                                                        3,494,500

               Source of funds                                                               

                   Transportation fund                                    3,494,500

Sec. 249.  Transportation - town highway emergency fund

                   Grants                                                           750,000

               Source of funds                                                               

                   Transportation fund                                       750,000

Sec. 250.  Transportation - town highway Vermont local roads 

                   Grants                                                           375,000

               Source of funds                                                               

                   Transportation fund                                       235,000

                   Federal funds                                                140,000

                        Total                                                        375,000

Sec. 251.  Transportation - town highway class 2 roadway

                   Grants                                                        5,748,750

               Source of funds                                                               

                   Transportation fund                                    5,748,750

                        Total                                                     5,748,750

Sec. 252.  Transportation - town highway bridges

                   Personal services                                        3,650,000

                   Operating expenses                                  19,400,019

                   Grants                                                           382,200

                        Total                                                   23,432,219

               Source of funds                                                               

                   Transportation fund                                    3,800,136

                   Local match                                               1,170,226

                   Federal funds                                           18,461,857

                        Total                                                   23,432,219

Sec. 253.  Transportation - town highway aid program

                   Grants                                                      24,982,744

               Source of funds                                                               

                   Transportation fund                                  24,982,744

     (a)  The above appropriation is authorized notwithstanding 19 V.S.A. § 306(a).

Sec. 254.  Transportation - town highway class 1 supplemental grants

                   Grants                                                           128,750

               Source of funds                                                               

                   Transportation fund                                       128,750

Sec. 255.  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. 256.  Transportation - public assistance grant program

                   Grants                                                           200,000

               Source of funds                                                               

                   Federal funds                                                200,000

Sec. 257.  Transportation board

                   Personal services                                             74,976

                   Operating expenses                                         12,820

                        Total                                                          87,796

               Source of funds                                                               

                   Transportation fund                                         87,796

Sec. 258.  Total transportation                                    420,322,516

               Source of funds                                                               

                   Transportation fund                                192,717,610

                   Local match                                               2,958,903

                   Federal funds                                         204,264,381

                   Internal service funds                                14,611,622

                   Interdepartmental transfer                           5,770,000

                        Total                                                 420,322,516

Sec. 259.  Debt service

                   Debt service                                             69,420,026

               Source of funds                                                               

                   General fund                                             64,929,281

                   Transportation fund                                    1,994,895

                   Special funds                                              2,495,850

                        Total                                                   69,420,026

Sec. 260.  Total debt service                                        69,420,026

               Source of funds                                                               

                   General fund                                             64,929,281

                   Transportation fund                                    1,994,895

                   Special funds                                              2,495,850

                        Total                                                   69,420,026

Sec. 261.  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. 262.  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. 263.  FEDERAL FUNDS

(a)  In fiscal year 2008 the governor, with the approval of the general assembly 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 2008, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2007 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. 264.  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. 265.  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 2008 except for new positions authorized by the 2007 session.  Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.

Sec. 266.  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:

(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 $14,383,258 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 $14,383,258 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.

(D)  In fiscal year 2009, the appropriations in this subsection shall increase by at least 4.5 percent. 

(E)  To the extent that the July, 2007 fiscal year 2008 general fund revenue forecast exceeds $1,155,700,000, enabling the appropriation in Sec. 269 of this act, any of this excess attributable to forecast property transfer tax revenues above $34,800,000, not to exceed $2,000,000, shall be deposited into the Vermont housing and conservation trust fund and appropriated to the Vermont housing and conservation board. 

Sec. 267.  REVENUE COMMITTEE

(a)  A committee is established to review management of the various revenues paid to the judiciary, the department of corrections, the department of motor vehicles, the department of labor, the office of child support, and the office of the secretary of state.  The committee shall be comprised of four members.  The commissioner of taxes, the commissioner of finance and management, and the state treasurer or their designees shall be permanent members.  The fourth member shall be a designee from the entity currently managing the revenue stream under review.  The committee shall systematically review each revenue stream to determine whether its management should remain substantially as is, be transferred to the treasurer’s lockbox services contract, or be transferred to the tax department.  The current administrator of the revenue stream, the lockbox service provider, and the tax department shall each provide the committee with a proposal to manage the revenue stream under review.  The proposals shall be evaluated in accordance with measures of effectiveness established by the committee in advance of receipt of any proposals.  It is anticipated that this review process will occur over the three years following enactment of this section and that where changes in the management of a particular revenue stream are deemed appropriate, the committee shall propose any legislation necessary to accomplish such change in the current or following legislative session.

(b)  The committee shall also identify collection tools currently used with respect to receivables related to the various revenue streams reviewed and develop a relational matrix that profiles optimal use of these tools with respect to the receivables.  The committee will make a recommendation to the legislature with respect to how these tools will be applied and whether the collection of receivables should be centralized in the tax department.

(c)  The revenue committee shall report to the joint fiscal committee at the September joint fiscal committee meeting in 2007, 2008, and 2009.  Said report shall include possible proposals for the upcoming session, potential financial impacts of proposals, and the work plan for the committee over the following twelve months. 

Sec. 268.  32 V.S.A. § 305a is amended to read:

§ 305a.  Official state revenue estimate

(a)  On or about January 15 and on or about again by July 15 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.  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. 269.  FISCAL YEAR 2008 CONTINGENT APPROPRIATIONS

(a)  To the extent that the official fiscal year 2008 revenue forecast for the available general fund adopted by the emergency board at its July 2007 meeting exceeds $1,152,700,000, up to $3,000,000 is appropriated to the department of corrections for correctional services as an additional base fiscal year 2008 appropriation.

Sec. 270.  [DELETED]

Sec. 271.  19 V.S.A. § 11a is amended to read:

§ 1a.  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 $35,568,338 $35,007,219.

Sec. 272.  [DELETED]

Sec. 273.  Sec. 114 of No. 71 of the Acts of 2005 is 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, 2008 2009.

Sec. 274.  FY 2008 GENERAL FUND ONE-TIME APPROPRIATIONS

(a)   In fiscal year 2008, the following amounts are appropriated from the general fund:

(1)   $400,000 to the department of tourism and marketing as follows: $50,000 for expenses related to transportation of a Vermont holiday tree to the nation’s capital; $250,000 for general marketing activities and $100,000 for the Lake Champlain quadricentennial commission. 

(2)  $337,000 to the department of economic development as follows:  $75,000 for additional regional development corporation grants; $12,000 for the international trade commission; $150,000 for the commission on the future of economic development; $60,000 for the sustainable jobs fund; and $40,000 for the Council on Rural Development.

(3)  $75,000 to the department of housing and community affairs for grants to communities related to ancient roads and unidentified corridors requirements.

(4)  $25,000 to the agency of human services global commitment fund to provide $60,000 in global commitment funds to the department of disabilities, aging, and independent living for a care-giver registry.

(5)  $35,000 to the department for children and families - office of economic opportunity for the micro business program.

(6)  $460,000 to the agency of natural resources as follows:  $350,000 to the department of environmental conservation to develop an electronic permitting capacity beginning with wastewater on-site permits, underground storage tank permit renewals, and the forests, parks, and recreation use value appraisal program; $60,000 for the Vermont youth conservation corps of which $10,000 is for the shortfall due to the cemetery maintenance contract from fiscal year 2007; and $50,000 to the department of fish and wildlife for non motorized boat access at state owned water access areas.

(7)  $7,000,000 to the state teachers’ retirement system.

(8)  $400,000 to the department of education to transfer to the department of corrections for the special education program.

(9)  $100,000 to the Vermont state colleges to be reserved for use as the state’s fiscal year 2008 contribution toward the growth of the endowment fund for the Vermont state colleges.  The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties.  The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state.  A method for accounting for the state colleges’ share has been agreed upon between the state colleges and the commissioner of finance and management.  Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges.  By June 30, 2008, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund.  The funds appropriated for this purpose shall be retained by the state.

(10)  $2,467,685 for fiscal year 2008 pay act.

(11)  $25,000 to the military department – veterans’ affairs for the Vermont Disabled American Veteran transportation network toward the purchase of a van.

(12)  $50,000 to the legislative council for the current use tax study required by Sec. 293a of this act.

(13)  $43,000 to the states attorneys for special investigation units.

(14)  $75,000 to the legislature for funding the international roll call project.

Sec. 275.  32 V.S.A. § 308c is amended to read:

§ 308c.  General fund and transportation fund surplus reserves

(a)  There is hereby created within the general fund a general fund surplus reserve. After satisfying the requirements of section 308 of this title, and after other reserve requirements have been met, any remaining unreserved and undesignated end of fiscal year general fund surplus shall be reserved in the general fund surplus reserve. Monies from this reserve shall not be expended except by specific available for appropriation of by the general assembly.

(b)  There is hereby created within the transportation fund a transportation fund surplus reserve. After satisfying the requirements of section 308a of this title, and after other reserve requirements have been met, any remaining unreserved and undesignated end of fiscal year transportation fund surplus shall be reserved in the transportation fund surplus reserve.  Monies from this reserve shall not be expended except by specific available for appropriation of by the general assembly.

* * *

Sec. 276.  [DELETED] 

Sec. 277.  FISCAL YEAR 2007 GENERAL FUND BALANCE

(a)  At the close of fiscal year 2007, the fiscal year 2007 unreserved and undesignated general fund balance on a budgetary basis, as determined by the commissioner of finance and management on July 31, 2007, shall to the extent funds are available:

     (1)  First, 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, $10,516,405 shall be reserved in the general fund surplus reserve established in 32 V.S.A. § 308c (a).

(3)  Third, $7,064,000 shall be transferred to the education fund.

(4)  Fourth, $1,806,000 shall be transferred to the department of buildings and general services facilities operation fund for the costs of Bennington state office building.

(5)  Fifth, $725,000 is appropriated to the department of tourism and marketing as follows:  $125,000 for general marketing activities; $100,000 for cooperative marketing, and $500,000 for general promotion activities.

(6)  Sixth, $500,000 is appropriated to the agency of commerce and community development for a grant to Northern Enterprises, Inc. (North-Link) to be used to construct infrastructure that support provision of broadband or cellular services in areas of the state now unserved.  Prior to any such grant the agency shall require a submission of an expenditure and business plan with benchmarks and measurable outcomes to evaluate the activities funded.  It is further the intention of the general assembly to appropriate the amount of $500,000 in each of fiscal years 2009 and 2010 for further construction of the North-Link project.

(7)  Seventh, $520,000 is appropriated to the department for  children and families as follows:  $180,000 for mentoring programs; $75,000 for teen centers; $100,000 for post-adoption services; $39,000 for the “learning together” program; $15,000 for homeless and runaway youth services; $5,000 for “kids on the block”; $6,000 for the kid safe collaborative; and $100,000 for department field office flexible funds. 

(8)  Eighth, $130,000 is appropriated to the department of health for a grant to maple leaf farm.

(9)  Ninth, $75,000 is appropriated to the department for children and families for the building bright futures program.

(10)  Tenth, $100,000 is appropriated to the department of corrections for electronic monitoring.

(11)  Eleventh, $335,000 is appropriated to the department of environmental conservation for groundwater mapping.

(12)  Twelfth, $820,000 is appropriated to the department of education as follows:  $500,000 for adult education and literacy; $300,000 for science assessment; and $20,000 for national academic competitions.

(13)  Thirteenth; $125,000 is appropriated to the secretary of state for 2008 election expenses.

          (14)  Fourteenth, $50,000 is appropriated to the department for children and family services – office of economic opportunity for a grant to the coalition of homeless shelters. 

(15)  Fifteenth, $2,500,000 is appropriated to the department of banking, insurance, securities and health care administration for an individual non group market supplement initiative.

          (16)  Sixteenth, $300,000 is appropriated to the department of public safety for increasing the number of replacement fleet vehicles.

(17)  Seventeenth, any remaining funds shall be deposited into the general fund surplus reserve.

Sec. 278.  [DELETED]

Sec. 279.  FUND TRANSFERS

(a)  The amount of $450,000 is transferred from the general fund to the communications and information technology internal service fund created in 22 V.S.A. § 903, and the amount of $7,000,000 shall be transferred from the general fund to the next generation initiative fund created pursuant to Sec. 2887(a) of Title 16.

(b)  In accordance with 19 V.S.A. § 13(c), the amount of $1,120,000 is transferred from the transportation fund to the central garage fund created in 19 V.S.A. § 13.

(c)  The amount of $800,000 is transferred from the transportation fund to the downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund.

     (d)  The amount of $4,000,000 is transferred from the catamount fund to the state health care resources fund on a one-time basis in fiscal year 2008.

Sec. 280.  FISCAL YEAR 2008 TOBACCO SETTLEMENT FUND BALANCE

(a)  Notwithstanding 18 V.S.A. § 9502(b), in fiscal year 2008 the balance in the tobacco litigation settlement fund shall remain in the tobacco litigation settlement fund.

Sec. 281.  TRANSFER OF TOBACCO TRUST FUNDS

(a)  Notwithstanding 18 V.S.A. § 9502(a)(3), at the close of fiscal year 2008, 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 2008, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2008 under the Master Tobacco Settlement Agreement.  Upon release and deposit of the withheld funds into the tobacco litigation settlement fund, an equal amount shall be returned to the tobacco trust fund.

Sec. 282.  TAX COMPUTER SYSTEM MODERNIZATION FUND

(a)  Creation of fund.

(1)  There is established the tax computer system modernization special fund to consist of:

(A)  Eighty percent of tax receipts received as a direct result of the Massachusetts-sponsored data sharing project relative to non-state resident filers; and

(B)  Eighty percent of tax receipts received as a direct result of the data sharing and comparison project between the Vermont department of labor and the department of taxes relative to entity and employee filings at both departments and/or lack thereof.

(2)  Balances in the fund shall be administered by the department of taxes and used for the exclusive purpose of funding phase 3 of the tax department’s computer system modernization project supporting: A) corporate tax; B) business income tax; C) property transfer tax; D)  fuel gross receipts tax; and E) individual use tax.  All balances in the fund at the end of any fiscal year shall be carried forward and remain part of the fund.  Interest earned by the fund shall be deposited into the fund.  This fund is established in the state treasury pursuant to subchapter 5 of chapter 7 of Title 32.

(b)  Appropriation.

(1)  There is appropriated in fiscal year 2008 from the special fund the sum of $2,400,000 to the department of taxes for the purposes described in subdivision (a)(2) of this section.

(c)  Fund to terminate.

(1)  This fund shall terminate on July 1, 2011 and any unexpended unencumbered balance in the fund shall be transferred to the general fund.

(d)  The tax commissioner shall report to the joint fiscal committee on receipts through the first four months of fiscal year 2008 at or prior to the November joint fiscal committee meeting.

Sec. 283.  22 V.S.A. § 903 is added to read:

§ 903.  Information technology internal service fund

(a)  An information technology internal service fund is created to support activities of the department of information and innovation.

(b)  An agency, department, or division or other state or nonstate entity which receives services of the department of information and innovation shall be charged for those services on a basis established by the commissioner of information and innovation with the approval of the secretary of administration.

Sec. 284.  TRANSITION

(a)  All assets and liabilities residing in the data processing revolving fund established in 29 V.S.A. § 1702 and the GOVNet internal service fund shall be transferred to the information technology internal service fund created in 22 V.S.A. § 903(a).

Sec. 285.  REPEALS; BUILDINGS AND GENERAL SERVICES

(a)  Chapter 63 of Title 29 (buildings and general services – data processing) is repealed.

(b)  29 V.S.A. § 906(d) (buildings and general services – telecommunications services) is repealed.

Sec. 286.  [DELETED]

Sec. 287.  32 V.S.A. § 133 is amended to read:

§ 133.  Duties

(a)  The board shall have authority to make any expenditures necessitated by unforeseen emergencies, and may borrow draw on the credit of the state for the same state’s general fund for that purpose.

(b)  Pursuant to section 706 of this Title, the board shall also have authority to transfer appropriations made to other agencies, and to use the transferred amounts to make expenditures necessitated by unforeseen emergencies.

(c)  In a fiscal year, the sum of the board’s expenditures under subsections (a) and (b) of this section shall not exceed two percent of the total general fund appropriation for the year of the expenditures.

Sec. 288.  20 V.S.A. § 3175 is amended to read:

§ 3175.  Emergency personnel survivors benefit expendable trust special fund

(a)  The emergency personnel survivors benefit expendable trust special fund is established in the office of the state treasurer for the purpose of the payment of claims distributed pursuant to this chapter. The trust fund shall comprise appropriations made by the general assembly and contributions or donations from any other source. All balances in the fund at the end of the fiscal year shall be carried forward. Interest earned shall remain in the fund.

* * *

Sec. 288a.  CLARIFICATION OF FISCAL YEAR 2008 ADVANCE EDUCATION PAYMENT TO MUNICIPALITIES

     (a)  Of the grant funds appropriated in Sec. 176 of this act (Education - adjusted education payments)   up to $130,000,000 education funds shall be advanced by the tax commissioner to municipalities as required by 32 V.S.A. § 6066a(a).  The amount to be advanced to each municipality shall be transferred to the school district treasurer in accordance with Sec. 290 of this act.

Sec. 289.  32 V.S.A. § 5402(c) is amended to read:                                                 

(c)  The treasurer of each municipality shall by December 1 of the year in which the tax is levied and on June 1 of the following year pay to the state treasurer for deposit in the education fund one-half of the municipality's statewide nonresidential tax and one-half of the municipality's homestead education tax, as determined under subdivision (b)(1) of this section.  The commissioner of education shall determine the municipality's net nonresidential education tax payment, and its net homestead education tax payment to the state, and payment shall be accompanied by a return prescribed by the commissioner of education.  The municipality may retain one-eighth 0.225 of one percent of the total education tax collected, only upon timely remittance of net payment to the state treasurer.  

Sec. 290.  2007 MUNICIPAL NET EDUCATION FUND PAYMENTS

     (a)  In determining net education tax payments of a municipality under sections 4011 and 4028 of Title 16 for September 10, 2007, the commissioner of education shall include in the accounting of the net amount all education funds paid to the municipality under section 6066a of Title 32 on July 1, 2007; and in determining net education tax payments of a municipality under sections 4011 and 4028 of Title 16 for December 10, 2007, the commissioner of education shall include in the accounting of the net amount all education funds paid to the municipality under section 6066a of Title 32 on September 15, 2007.  The commissioner shall include any education fund payments made to a municipality under subsection 6066a(c) after September 15, 2007, in the first accounting of a net amount thereafter.  In a manner consistent with section 426 of Title 16, the municipality shall transfer to its school district or districts or shall return to the state all education funds received by the municipality from the state under section 6066a of Title 32 within 20 days of the first date upon which taxes become due and payable or 20 days after notification by the commissioner of education, whichever is later.  The commissioner shall notify the town of the amounts due to the school district and the state.

Sec. 291.  32 V.S.A. § 6066a is amended to read:

§ 6066a.  PAYMENT DETERMINATION OF PROPERTY TAX  ADJUSTMENTS

     (a)  Annually, the commissioner shall pay determine the property tax adjustment amount determined under section 6066 of this title, related to a homestead owned by the claimant.  The payment shall be made to commissioner shall notify the municipality in which the housesite is located, for the credit to of the amount of the property tax adjustment for the claimant for homestead property tax liabilities, on July 1 for timely-filed claims and on September 15 for late claims filed by September 1.  The tax adjustment of a claimant who was assessed property tax by a town which revised the dates of its fiscal year, however, is the excess of the property tax which was assessed in the last 12 months of the revised fiscal year, over the adjusted property tax of the claimant for the revised fiscal year as determined under section 6066 of this title, related to a homestead owned by the claimant.

     (b)  The commissioner shall also pay to the municipality include in the total property tax adjustment amount determined under subsection (a) of this section, for credit to the taxpayer for homestead property tax liabilities, any income tax overpayment remaining after allocation under section 3112 of this title and setoff under section 5934 of this title, which the taxpayer has directed to be used for payment of property taxes.

     (c)  Claim The commissioner shall notify the municipality of any claim and refund amounts unresolved by September 15 shall be paid to the municipality at the time of final resolution, including adjudication if any.

     (d)  For late claims, filed after April 15, the property tax adjustment amount shall be reduced by $15.00, which shall be paid by the commissioner to the municipality for the cost of issuing a new property tax bill to the claimant.

     (e)  At the time of payment notice to the municipality, the commissioner shall notify the taxpayer of the property tax adjustment amount determined under subdivision 6066(a)(1) of this title; the amount determined under subdivision 6066(a)(3) of this title; any additional adjustment amounts due the homestead owner under section 6066 of this title; the amount of income tax refund, if any, paid to the town for allocated to payment of homestead property tax liabilities; and any late-claim reduction amount.

     (f)  Property tax bills.

          (1)  For amounts paid to municipalities stated in the notice to towns on July 1, municipalities shall include on the homestead property tax bill notice to the taxpayer of the total amount allocated to payment of homestead property tax liabilities and notice of the balance due. By a majority of those voting at an annual or special meeting called for that purpose, the voters of a municipality may elect to apply the amount allocated under this chapter to current-year property taxes to the taxpayers' property tax installments in order or pro rata.

          (2)  For property tax adjustment amounts paid to for which municipalities receive notice on or after September 15, municipalities shall issue a new homestead property tax bill with notice to the taxpayer of the total a mount allocated to payment of homestead property tax liabilities and notice of the balance due.

          (3)  The payment received by the municipality from the state for credit to property tax adjustment amount determined for the taxpayer shall be credited allocated first to current-year property tax on the homestead parcel, next to current-year homestead parcel penalties and interest, next to any prior year homestead parcel penalties and interest, and last to any prior year property tax on the homestead parcel. No payment adjustment shall be allocated to a property tax liability for any year after the year for which the claim or refund allocation was filed. If the payment received by the municipality property tax adjustment amount exceeds the amount allocated under this subsection, the municipality shall refund the excess to the taxpayer, without interest, within 60 days of receipt by the municipality within 20 days of the first date upon which taxes become due and payable or 20 days after notification by the commissioner of education, whichever is later.  No municipal tax-reduction incentive for early payment of taxes shall apply to any payment made to a municipality by the state amount allocated to the property tax bill under this chapter.

Sec. 292.  32 V.S.A. § 6061(15) and (16) are amended to read:

(15)  "Adjusted property tax" means the amount of education and municipal property taxes on the homestead parcel after reduction for any property tax payment adjustment under section 6066a of this chapter.

(16) "Unadjusted property tax" means the amount of education and municipal property taxes on the homestead parcel before any reduction for a property tax payment adjustment under section 6066a of this chapter.

Sec. 293.  32 V.S.A. § 6063 is amended to read:

§ 6063.  Claim as personal; escheat

The right to file a claim under this chapter is personal to the claimant and shall not survive his or her death, but the right may be exercised on behalf of a claimant by his or her legal guardian or attorney‑in‑fact.  When a claimant dies after having filed a timely claim, the reduction payment may be issued to another member of the household as determined by the commissioner.  If the claimant was the only member of the household, the claim shall be paid to the executor or administrator, but if neither is appointed within two years of the filing of the claim, the amount thereof shall escheat to the state property tax adjustment amount shall be credited to the homestead property tax liability of the claimant’s estate, as provided in section 6066a of this title.

Sec. 293a.  INDEPENDENT STUDY; USE VALUE APPRAISAL PROGRAM

(a)  Duties and powers.  The legislative council shall hire one or more consultants to conduct a thorough and independent review and analysis of the use value appraisal program.  The consultants shall have the assistance of the department of taxes, legislative council, and the joint fiscal office.

(b)  Goals; issues.  The goals of the use value appraisal program are found in 32 V.S.A. § 3751, as follows:

§ 3751.  STATEMENT OF PURPOSE

The purpose of this subchapter is to encourage and assist the maintenance of Vermont's productive agricultural and forest land; to encourage and assist in their conservation and preservation for future productive use and for the protection of natural ecological systems; to prevent the accelerated conversion of these lands to more intensive use by the pressure of property taxation at values incompatible with the productive capacity of the land; to achieve more equitable taxation for undeveloped lands; to encourage and assist in the preservation and enhancement of Vermont's scenic natural resources; and to enable the citizens of Vermont to plan its orderly growth in the face of increasing development pressures in the interests of the public health, safety and welfare.  

     (c)  The consultant shall articulate the current statutory goals of the program, and analyze whether the program is achieving those goals.  The consultant shall investigate and make findings regarding the following: 

(1)  Has the current use program achieved its statutory goals?  If not, what were the barriers to achieving any particular goal?  Are there barriers to enrollment?

(2)  Does the administration of the program meet the stated goal of protecting natural ecological systems on enrolled forest land (wetlands, riparian areas, rare forest conditions, etc.)?  If not, what changes are needed to protect these ecosystems on enrolled forest land?

(3)  How are use values determined (in answering this question, the consultant shall confer with the current use advisory board)?  Would the establishment of new categories for eligible land, addressing, for example, public access for outdoor recreation, conservation easements, protection of natural ecological systems, or other criteria, in combination with associated use values, aid in achieving the statutory goals of the program? 

(4)  What activities does the program require of listers and what changes, if any, would local officials like to see in the program?  Can computer technology reduce the administrative burden on local listers, allow landowners and consulting foresters to file documents and reports electronically, and improve monitoring and compliance? 

(5)  Is there sufficient personnel to administer the program adequately within the department of taxes and the department of forests, parks and recreation?  Is the monitoring of parcels manageable, and are the county foresters able to supervise and provide sufficient technical assistance? 

(6)  How would annual reporting by forest land owners affect the program?  Should annual reporting be reinstated?

(7)  Does the land use change tax provide an adequate disincentive for temporary enrollment of land, especially where the landowner intends to develop in the future? 

(8)  Would the addition of a "means" test for enrollment hamper or enhance, or otherwise affect, achievement of the program goals? 

     (d)  The consultant shall report to legislative council and the use value appraisal task force on the findings on or before October 1, 2007.

(e)  Use value appraisal task force.

(1)  Membership.  A use value appraisal task force is created to consist of two members of the house of representatives; two members of the senate; the director of the division of property valuation and review or designee; the secretary of the agency of natural resources or designee; the secretary of the agency of agriculture, food, and markets or designee; a member representing forestry interests; a member representing agricultural interests; a member representing land-use or conservation interests; a member representing assessors and listers; a member representing fish and wildlife interests; a member representing outdoor recreational interests; one owner of enrolled forest land or agricultural land or both; one owner of nonenrolled forest land or agricultural land or both; two members at large.  The speaker of the house and the senate president pro tempore shall appoint members of the use value appraisal task force that are not members ex officio, and the governor shall appoint the two members at large.  Members shall be appointed by June 1, 2007.

(2)  Powers and duties.  The use value appraisal task force shall determine whether the program needs to be modified to accomplish its stated goals, and whether the goals ought to be modified in light of the available resources and all the findings of the task force.  In making these determinations, the task force shall confer with the consultant during the study of the use value appraisal program; review the consultant’s written report; conduct public hearings at convenient times and in convenient places throughout the state, with sufficient notice to the public; and consult with identifiable affected and interested parties. 

(3)  The task force shall provide the house committees on agriculture, natural resources and energy, and ways and means, and the senate committees on agriculture, natural resources and energy, and finance with a copy of the consultant’s study and a report of task force recommendations and legislative proposals by January 15, 2008.

(4)  The task force shall meet no more than three times when the general assembly is not in session.  For attendance at a meeting when the general assembly is not in session, legislative members of the task force shall be entitled to per diem compensation and reimbursement of expenses as provided in 2 V.S.A. § 406(a).

Sec. 293b.  SOLID WASTE MANAGEMENT FACILITIES WORKING GROUP

     (a)  The agency of natural resources shall convene a working group, by no later than July 1, 2007, to review the statutory and regulatory requirements for solid waste management facilities in Vermont and to develop best management practices for solid waste facilities in the state.  The working group shall include: one member of the senate to be appointed by the committee on committees; one member of the house of representatives to be appointed by the speaker of the house; the secretary of natural resources or his or her designee; two representatives of solid waste management districts to be appointed by the districts; two representatives of citizens groups involved with solid waste issues to be appointed by the speaker of the house; a member of the Vermont league of cities and towns to be appointed by the league; a representative of an environmental group to be appointed by the committee on committees; two representatives of the private solid waste industry in Vermont, one a landfill owner and one a solid waste hauler, to be appointed by the secretary of natural resources; a representative from the business sector appointed by the committee on committees; and a third party consultant skilled in solid waste facility design or risk assessment to be appointed by the secretary of natural resources.  The working group shall report to the house and senate committees on natural resources and energy by January 15, 2008.  The report shall include:

          (1)  A summary of the current state law for solid waste management facility siting and certification in Vermont;

          (2)  An analysis of how and if current state law helps or hinders waste reduction in the state, including an analysis of the effectiveness of solid waste management planning and an analysis of the impact of subsidies, the policies of solid waste management districts, recycling mandates, and funding for waste reduction;

          (3)  An analysis of the effectiveness of current state and federal law for solid waste management facility siting, design, and operational certification in Vermont and any recommended changes;

          (4)  An evaluation of existing solid waste management in the state, including number of landfills serving the state, capacity of existing landfills, the current and future impacts of existing landfills, and any current excess landfill capacity or need for additional landfill capacity mindful of the time required to site, design, permit, and construct new facilities;

          (5)  An analysis of the future needs of Vermont for solid waste disposal and solid waste management facilities;

          (6)  An analysis of and recommendation regarding whether solid waste management facilities in Vermont should be subject to a certificate of need or public good process with a recommendation on how to repay the investment of public funds expended for site acquisition, facility design, and permitting of solid waste facilities already permitted or identified in an approved solid waste plan should they be subsequently ruled ineligible;

          (7)  Recommended best management practices for the siting, design, and operation of solid waste management facilities;

          (8)  An assessment of the comprehensive costs of landfills, including short- and long-term health impacts, environmental impacts, impacts on property values, and other economic impacts;

          (9)  An analysis of the costs and benefits of implementing a cradle-to-grave waste management scheme, including requiring industry or businesses to take responsibility for the solid waste produced from the packaging and sale of products;

          (10)  Recommended environmental best management practices, including:

               (A)  Policies to further promote and implement the reduction, recycling, and reuse of solid waste;

               (B)  Methods for separating waste streams;

               (C)  Policies or incentives to encourage reduced waste disposal;

               (D)  Improving and maximizing methane gas management for energy recovery;

               (E)  Reducing the impacts of solid waste production and management on climate change;

               (F)  Mitigating the impacts of solid waste transportation on town and state highway infrastructure and neighboring property owners; and

               (G)  Implementing statewide actions such as enacting landfill bans on certain material and implementing extended product responsibility for certain consumer goods.

Sec. 293c.  STATE LAW ENFORCEMENT STUDY COMMITTEE

     (a)  A state law enforcement study committee is created with the following members:  the chairs of the house and senate committees on government operations; one member of the house committee on appropriations appointed by the speaker of the house; one member of the senate committee on appropriations appointed by the committee on committees; the commissioner of public safety; the director of the Vermont state employees’ association or his or her designee; the director of the Vermont state police or his or her designee; the commissioner of fish and wildlife or his or her designee; the chief warden; the commissioner of motor vehicles or his or her designee; the director of the enforcement and safety division of the department of motor vehicles; and the commissioner of liquor control or his or her designee; and the director of the enforcement division of the department of liquor control.  The chairs of the house and senate committees on government operations shall serve as co-chairs of the committee.

     (b)  The committee shall:

          (1)  review and evaluate options for making state policing and enforcement services more effective;

          (2)  identify the various state policing and enforcement services, their respective core missions and priorities, areas of specialized training and expertise, and the operational and fiscal relationships among these services;

          (3)  file a report of recommendations by January 1, 2008;

          (4)  focus its recommendations on:  the need for a higher volume of police and enforcement services; lowering response times; reducing overtime; eliminating duplication of effort; lowering overall operating expenses; enhancing training opportunities; tightening coordination, strengthening communications, and sharing information; and enhancing the overall quality of state policing and enforcement services.

     (c)  The committee may meet up to four times.  Members of the general assembly shall be entitled to the same per diem compensation and reimbursement for necessary expenses as those provided to members of standing committees under section 406 of Title 2.

     (d)  The staff of the legislative council and the joint fiscal office shall provide professional and administrative support to the committee.

Sec. 294.  RACIALLY AND ETHNICALLY DIVERSE TEACHERS; RECRUITMENT AND RETENTION

(a)  The commissioner of education shall consult with the Vermont teacher diversity program and other interested parties to develop strategies to increase recruitment and retention of racially and ethnically diverse teachers in Vermont public schools.  On or before January 15, 2008, the commissioner shall report to the senate and house committees on education concerning the parties consulted, the strategies considered, and a plan for implementing those strategies deemed to be effective in recruiting and retaining racially and ethnically diverse teachers and this report shall include an evaluation of a student loan repayment program.

Sec. 295.  Sec. 2 of No. 52 of the Acts of 2005, as amended by Sec. 295b of No. 215 of the Acts of  2006 is further amended to read::

Sec. 2.  RESTRUCTURING PROCESS

(a)  A statewide advisory group, the natural resources reorganization committee (NRRC), is created to advise the secretary on the design of a restructured agency.  It shall consist of no more than 13 members, who shall be appointed as follows:  two members of the house appointed by the speaker of the house, two members of the senate appointed by the president pro tem; nine members appointed by the secretary of natural resources, in consultation with the speaker of the house and the president pro tem, as follows:  one representing regulated business and development interests; one representing environmental organizations; one representing fish and wildlife interests; one representing the interests of forests and parks; one representing recreational interests; one representing local government; one representing the regional planning commissions; one representing the Vermont state employees’ association; and one representing citizens’ groups.  Appointments shall be made no later than June 15, 2005, and shall be for terms of two three years.

* * *

(b)  The secretary shall engage in the following process as preliminary steps in a potential restructuring of the agency:

* * *

(3)  On or before January 15, 2007 2008, the secretary shall prepare a draft report on restructuring, provide the draft report to the NRRC for review and comments, make any appropriate revisions to the draft report, and submit a final report to the legislative committees on natural resources and energy and on government operations and to the house committee on fish, wildlife and water resources.

* * *

Sec. 296.  31 V.S.A. § 654a is amended to read:

Sec. 654a.  Multijurisdictional lottery gamE

(a)  In addition to the Tri-State Lotto Compact provided for in subchapter 2 of this chapter, and the other authority to operate lotteries contained in this chapter, the commission is authorized to negotiate and contract with a up to four multijurisdictional lottery lotteries to offer and provide a multijurisdictional lottery game, starting July 1, 2003, or as soon thereafter as practicable games.  The commission may join any multijurisdictional lottery that provides indemnification for its standing committee members, officers, directors, employees, and agents.  The commission shall adopt rules under chapter 25 of Title 3 to govern the establishment and operation of a any multijurisdictional lottery game authorized by this section.

(b)  In each fiscal year, the revenues received from the operation of a any multijurisdictional lottery game authorized by this section, after payment of prizes and costs of administration, shall be deposited in the education fund established in section 4025 of Title 16.

(c)  The provisions of subdivisions 674L.1.1A through 674L.1.1I of this title shall apply to he payment of prizes to a person other than a winner for prizes awarded under the any multijurisdictional lottery authorized by this section, except that the Vermont lottery commission shall be responsible for implementing such provisions under this section, rather than the Tri-State Lotto Commission.

Sec. 297.  Subsection A of 31 V.S.A. § 673 is amended as follows:

(A)  Statement of policy and purpose.  This compact is enacted to implement the operation of Tri-State Lotto, for the purpose of raising additional revenue for each of the party states.  Tri-State Lotto is not intended to replace any existing lottery game in the party states, but, rather, to be run in addition to these games.  Tri-State Lotto tickets will be sold in each of the party states and processed in a central area to be determined by the commission.  Fifty No less than 50 percent of the gross sales from each state will be aggregated in a common prize pool, and operating costs will be charged proportionally to the party states. The remaining revenues generated within each state will remain in that particular state.

Sec. 298.  AUTHORIZATION FOR EXPENDITURES AT POWNAL TANNERY SUPERFUND SITE

     (a)  Notwithstanding the $100,000 limitation on the expenditure of funds from the environmental contingency fund established pursuant to 10 V.S.A. Sec. 1283, the secretary of the agency of natural resources may expend funds to accomplish activities authorized under 10 V.S.A. Sec. 1283(b)(9) at the Pownal Tannery Superfund Site to accomplish the state activities agreed upon in the July, 2003 State Superfund Agreement with the U.S. Environmental Protection Agency.

Sec. 299.  EFFECTIVE DATES

(a)  This section and Secs. 5(a), 5a, 60(b), 61, 139, 170, 275, 277, 290, 293a., 293b, 295, and 298 of this act shall take effect on passage.

     (b)  Sec. 50b of this act (payment to municipalities of municipal tax portion of property tax adjustments) shall take effect January 1, 2008.

(c)  Sec. 87 shall take effect on passage and shall apply as of July 1, 2006.

(d)  Sec. 111a shall sunset on January 31, 2009.

(e)  Sec. 169 shall take effect retroactively on July 1, 2006 and begin to apply to budgets approved for the 2006–2007 academic year.

(f)  Secs. 50b, 289, 291, 292, and 293 of this act (property tax adjustment notification to towns) shall apply to fiscal years 2009 and after; and Sec. 293 shall take precedence over any other amendment to 32 V.S.A. § 6063 in any other act of the general assembly of 2007. 

*** Further Amended Fiscal Year 2007 Budget Adjustment ***

Sec. 300.  SHORT TITLE

(a)  These sections 300 through 406 shall be known as and shall be cited as the “Further Amended Budget Adjustment Act - Fiscal Year 2007.”

Sec. 301.  PURPOSE

     (a)  It is the purpose of these sections 300 through 406 to amend No. 215 of the Acts of 2006 and further amend H.547 of 2007, thereby amending the appropriation amounts for fiscal year 2007. 

Sec. 302.  Sec. 5 of No. 215 of the Acts of 2006 is amended to read:

Sec. 5.  Secretary of administration - secretary’s office

          Personal services                                          471,572                       543,510

          Operating expenses                                        43,505                         43,505

          Grants                                                         400,000                       400,000

               Total                                                       915,077                       987,015

     Source of funds

          General fund                                                915,077                       987,015

* * *

Sec. 303.  Sec. 30 of No. 215 of the Acts of 2006 is amended to read:

Sec. 30.  Buildings and general services - fee for space

          Personal services 10,529,817                   10,529,817

          Operating expenses                                 10,548,400                  16,063,035

               Total                                                  21,078,217                  26,592,852

     Source of funds

          Internal service funds                               21,078,217                  26,592,852

* * *

(b)  The department shall increase the facilities operations charges to the agency of human services in fiscal year 2007 by $2,100,000 for the costs associated with the Bennington state office building.  The department shall credit $1,450,000 of this charge from state funds transferred else where.

Sec. 304.     Sec. 37 of No. 215 of the Acts of 2006 is amended to read:

Sec. 37.  Joint fiscal committee

          Personal services                                       1,143,796                    1,174,796

          Operating expenses                                        87,831                         87,831

               Total                                                    1,231,627                    1,262,627

     Source of funds

          General fund                                             1,231,627                    1,262,627

(a)  Of the above appropriation, $16,600 shall be used to fund additional research during the 2007 session as follows:

(1)  The amount of $9,600 shall be used to study what drives the cost of education spending.  The department of education shall cooperate with and provide assistance to the joint fiscal office.

(2)  The amount of $7,000 shall be used to study the demographic changes impacting state revenues and budgets.  The department of taxes shall cooperate with and provide assistance to the joint fiscal office.

Sec. 305.     Sec. 49 of No. 215 of the Acts of 2006 is amended to read:

Sec. 49.  Payments in lieu of taxes

          Grants                                                      3,100,000                    3,300,000

     Source of funds

          General fund                                                600,000                       400,000

          Special funds                                             2,500,000                    2,900,000

               Total                                                    3,100,000                    3,300,000

* * *

Sec. 306.     Sec. 53 of No. 215 of the Acts of 2006, as amended by Sec. 2 of H.547 of 2007 is further amended to read:

Sec. 53.  Total general government                  136,909,534                142,727,107

     Source of funds

          General fund                                           54,456,101                  54,359,039

          Special funds                                             5,756,487                    6,156,487

          Tobacco fund                                                 58,000                         58,000

          Federal funds                                            2,846,298                    2,846,298

          Enterprise funds                                        2,542,778                    2,542,778

          Internal service funds                               42,738,303                  48,252,938

          Pension trust funds                                  24,439,124                  24,439,124

          Private purpose trust funds                        1,027,123                    1,027,123

          Interdepartmental transfer                          3,045,320                    3,045,320

               Total                                                136,909,534                142,727,107

Sec. 307.  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.

Sec. 308.  Sec. 59 of No. 215 of the Acts of 2006 is amended to read:

Sec. 59.  Judiciary

          Personal services                                     25,836,112                  25,836,112

          Operating expenses                                   7,150,842                    7,150,842

          Grants                                                           70,000                         70,000

               Total                                                  33,056,954                  33,056,954

     Source of funds

          General fund                                           29,691,689                  29,691,689

          Special funds                                                782,335                       925,335

          Tobacco fund                                                 40,000                         40,000

          Federal funds                                               421,930                       421,930

          Interdepartmental transfer                          2,121,000                    1,978,000

               Total                                                  33,056,954                  33,056,954

* * *

Sec. 309.  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.

Sec. 310.  Sec. 64 of No. 215 of the Acts of 2006 is amended to read:

Sec. 64.  Public safety - homeland security

          Personal services                                       1,517,922                    1,517,922

          Operating expenses                                   4,504,102                    4,504,102

          Grants                                                    14,838,700                  14,838,700

               Total                                                  20,860,724                  20,860,724

     Source of funds

          General fund                                                435,157                       435,157

          Special funds                                                    7,400                           3,900

          Federal funds                                          20,417,717                  20,421,217

          Interdepartmental transfer                                    450                              450

               Total                                                  20,860,724                  20,860,724

* * *

Sec. 311.  Sec. 65 of No. 215 of the Acts of 2006 is amended to read:

Sec. 65.  Public safety - state police

          Personal services                                     37,651,431                  38,734,009

          Operating expenses                                   5,707,781                    7,116,763

          Grants                                                      1,635,950                    1,635,950

               Total                                                  44,995,162                  47,486,722

     Source of funds

          General fund                                             5,938,091                    8,223,651

          Transportation fund                                 31,053,847                  30,953,847

          Special funds                                             3,293,766                    3,102,246

          Federal funds                                            4,156,802                    4,654,322

          Interdepartmental transfer                             552,656                       552,656

               Total                                                  44,995,162                  47,486,722

* * *

Sec. 312.  Sec. 66 of No. 215 of the Acts of 2006 is amended to read:

Sec. 66.  Public safety - criminal justice services

          Personal services                                       5,925,379                    5,925,379

          Operating expenses                                   2,404,337                    2,404,337

          Grants                                                      2,182,500                    2,182,500

               Total                                                  10,512,216                  10,512,216

     Source of funds

          General fund                                                760,000                       811,594

          Transportation fund                                   4,323,039                    4,323,039

          Special funds                                             1,322,337                    1,322,337

          Federal funds                                            3,678,817                    3,678,817

          Interdepartmental transfer                             428,023                       376,429

               Total                                                  10,512,216                  10,512,216

Sec. 313.     Sec. 69 of No. 215 of the Acts of 2006 is amended to read:

Sec. 69.  Public safety - fire safety

          Personal services                                       3,743,689                    3,908,689

          Operating expenses                                      929,794                    1,329,794

          Grants                                                           48,000                         48,000

               Total                                                    4,721,483                    5,286,483

     Source of funds

          General fund                                                713,652                       713,652

          Special funds                                             3,738,363                    4,303,363

          Federal funds                                                 91,068                         91,068

          Interdepartmental transfer                             178,400                       178,400

               Total                                                    4,721,483                    5,286,483

* * *

Sec. 314.  Sec. 71 of No. 215 of the Acts of 2006 is amended to read:

Sec. 71.  Military - air service contract

          Personal services                                       4,015,783                    4,168,247

          Operating expenses                                      875,237                    1,133,053

               Total                                                    4,891,020                    5,301,300

     Source of funds

          General fund                                                339,579                       442,149

          Federal funds                                            4,551,441                    4,859,151

               Total                                                    4,891,020                    5,301,300

Sec. 315.  Sec. 74 of No. 215 of the Acts of 2006 is amended to read:

Sec. 74.  Military - veterans’ affairs

          Personal services                                          265,466                       307,466

          Operating expenses                                      107,315                       107,315

          Grants                                                         172,815                       172,815

               Total                                                       545,596                       587,596

     Source of funds

          General fund                                                545,596                       545,596

          Federal funds                                                                                     42,000

               Total                                                                                           587,596

* * *

Sec. 316.  Sec. 76 of No. 215 of the Acts of 2006 is amended to read:

Sec. 76.  Criminal justice training council

          Personal services                                       1,007,217                    1,007,217

          Operating expenses                                      800,611                       970,611

               Total                                                    1,807,828                    1,977,828

     Source of funds

          General fund                                             1,171,978                    1,341,978

          Special funds                                                505,452                       505,452

          Interdepartmental transfer                             130,398                       130,398

               Total                                                    1,807,828                    1,977,828

Sec. 317.  Sec. 89 of No. 215 of the Acts of 2006 is amended to read:

Sec. 89.  Secretary of state

          Personal services                                       4,040,135                    4,085,135

          Operating expenses                                   1,341,443                    1,386,443

          Grants                                                      1,200,000                    1,200,000

               Total                                                    6,581,578                    6,671,578

     Source of funds

          General fund                                                586,693                       676,693

          Special funds                                             3,919,885                    3,919,885

          Federal funds                                            2,000,000                    2,000,000

          Interdepartmental transfer                               75,000                         75,000

               Total                                                    6,581,578                    6,671,578

* * *

Sec. 318.  Sec. 93 of No. 215 of the Acts of 2006 is amended to read:

Sec. 93.  Enhanced 9-1-1 board

          Personal services                                       2,106,208                    1,683,779

          Operating expenses                                      371,986                    2,247,822

               Total                                                    2,478,194                    3,931,601

     Source of funds

          Special funds                                             2,478,194                    3,931,601

Sec. 319.  Sec. 99 of No. 215 of the Acts of 2006, as amended by Sec. 20 of H.547 of 2007 is further amended to read:

Sec. 99.  Total protection to persons

and property                                                   237,548,140                242,770,387

     Source of funds

          General fund                                           76,875,765                  79,575,489

          Transportation fund                                 35,440,855                  35,340,855

          Special funds                                           57,135,074                  59,101,461

          Tobacco fund                                               619,768                       619,768

          Global commitment funds                          1,716,181                    1,716,181

          Federal funds                                          54,096,303                  54,947,033

          Enterprise funds                                        4,469,973                    4,469,973

          Interdepartmental transfer                          7,194,221                    6,999,627

               Total                                                237,548,140                242,770,387

Sec. 320.  Sec. 100 of No. 215 of the Acts of 2006 is amended to read:

Sec. 100.     Secretary’s office

          Personal services                                       6,522,771                    6,522,771

          Operating expenses                                   2,220,100                    2,220,100

          Grants                                                      4,576,108                    4,988,852

               Total                                                  13,318,979                  13,731,723

     Source of funds

          General fund                                             3,726,910                    3,726,910

          Special funds                                                    7,517                           7,517

          Tobacco fund                                               612,021                       612,021

          Federal funds                                            4,770,606                    4,770,606

          Interdepartmental transfer                          4,201,925                    4,614,669

               Total                                                  13,318,979                  13,731,723

* * *

Sec. 321.  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)  $19,536,735 $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.

(3)(2)  $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.

(4)(3)  $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.

(5)(4)  $1,847,186 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.

(6)(5)  $1,039,395 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.

Sec. 322.  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.

Sec. 323.  Sec. 105 of No. 215 of the Acts of 2006 is amended to read:

Sec. 105.     Office of Vermont health access - administration

          Personal services                                     26,611,976                  34,307,943

          Operating expenses                                   1,918,014                    1,918,014

          Grants                                                                                           1,000,000

               Total                                                  28,529,990                  37,225,957

     Source of funds

          General fund                                                                                    386,295

          Global Commitment fund                         28,167,196                  32,750,213

          Federal funds                                                                                3,726,655

          Interdepartmental transfer                             362,794                       362,794

               Total                                                  28,529,990                  37,225,957

* * *

Sec. 324.  Sec. 107 of No. 215 of the Acts of 2006 is amended to read:

Sec. 107.     Office of Vermont health access - Medicaid program - Global Commitment

          Grants                                                  389,504,923                389,025,944

     Source of funds

          Global Commitment fund                       389,504,923                389,025,944

* * *

Sec. 325.  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

Sec. 326.  Sec. 110 of No. 215 of the Acts of 2006 is amended to read:

Sec. 110.  Office of Vermont health access - Medicaid matched nonwaiver expenses

          Grants                                                    61,194,552                  63,351,422

     Source of funds

          General fund                                           24,589,781                  24,496,854

          Federal funds                                          36,604,771                  38,854,568

               Total                                                  61,194,552                  63,351,422

Sec. 327.  Sec. 111 of No. 215 of the Acts of 2006 is amended to read:

Sec. 111.  Office of Vermont health access - Medicaid program - state only

          Grants                                                     29,621,923                  27,465,572

     Source of funds

          General fund                                           28,437,916                  27,249,932

          Global Commitment fund                           1,184,007                       215,640

               Total                                                  29,621,923                  27,465,572

Sec. 328.  Sec. 115 of No. 215 of the Acts of 2006 is amended to read:

Sec. 115.     Health - administration and support

          Personal services                                       5,760,189                    5,760,189

          Operating expenses                                   2,397,801                    2,397,801

          Grants                                                         150,000                       150,000

               Total                                                    8,307,990                    8,307,990

     Source of funds

          General fund                                                114,453                       409,453

          Special funds                                                  24,525                         24,525

          Global Commitment fund                           2,547,194                    1,787,194

          State health care resource fund                     100,000                       100,000

          Federal funds                                            5,517,818                    5,982,818

          Interdepartmental transfer                                 4,000                           4,000

               Total                                                    8,307,990                    8,307,990

Sec. 329.  Sec. 115a of No. 215 of the Acts of 2006 is amended to read:

Sec. 115a.   Health - blueprint for health

          Personal services                                       2,549,049                    2,256,163

          Operating expenses                                      331,443                       331,443

          Grants                                                         366,000                       366,000

               Total                                                    3,246,492                    2,953,606

     Source of funds

          General fund                                             1,234,431                       941,545

          Global Commitment fund                           2,012,061                    2,012,061

               Total                                                    3,246,492                    2,953,606

* * *

Sec. 330.  Sec. 117 of No. 215 of the Acts of 2006 is amended to read:

Sec. 117.     Health - health protection

          Personal services                                       3,282,307                    3,282,307

          Operating expenses                                      768,200                       803,200

          Grants                                                      1,689,500                    1,721,500

               Total                                                    5,740,007                    5,807,007

     Source of funds

          General fund                                                238,513                       183,513

          Special funds                                                904,000                       939,000

          Global Commitment fund                                55,093                       142,093

          Federal funds                                            4,239,401                    4,239,401

          Interdepartmental transfer                             303,000                       303,000

               Total                                                    5,740,007                    5,807,007

Sec. 331.  Sec. 118 of No. 215 of the Acts of 2006 is amended to read:

Sec. 118.     Health - health surveillance

          Personal services                                       9,523,745                    9,523,745

          Operating expenses                                   2,845,354                    2,495,354

          Grants                                                      2,606,982                    3,568,982

               Total                                                  14,976,081                  15,588,081

     Source of funds

          General fund                                             3,601,147                    2,496,088

          Special funds                                             1,307,500                    1,707,100

          Global Commitment fund                           1,183,573                    2,451,032

          Federal funds                                            8,809,317                    8,859,317

          Permanent trust funds                                     10,000                         10,000

          Interdepartmental transfer                               64,544                         64,544

               Total                                                  14,976,081                  15,588,081

* * *

Sec. 332.  Sec. 119 of No. 215 of the Acts of 2006 is amended to read:

Sec. 119.     Health - health improvement

          Personal services                                       7,659,905                    7,907,682

          Operating expenses                                   1,051,300                    1,051,300

          Grants                                                    11,012,449                  11,101,449

               Total                                                  19,723,654                  20,060,431

     Source of funds

          General fund                                                571,675                    2,447,952

          Special funds                                                392,500                       351,500

          Tobacco fund                                            3,185,982                    2,670,269

          Global Commitment fund                           7,243,951                    7,189,489

          Federal funds                                            8,322,546                    7,394,221

          Interdepartmental transfer                                 7,000                           7,000

               Total                                                  19,723,654                  20,060,431

* * *

Sec. 333.  Sec. 120 of No. 215 of the Acts of 2006 is amended to read:

Sec. 120.     Health -  community public health

          Personal services                                     12,543,385                  12,543,385

          Operating expenses                                   2,145,389                    2,145,389

          Grants                                                    19,948,030                  20,115,801

               Total                                                  34,636,804                  34,804,575

     Source of funds

          General fund                                             2,122,308                    1,133,264

          Special funds                                             3,231,400                    3,231,400

          Global Commitment fund                         15,032,280                  16,287,359

          Federal funds                                          14,135,816                  14,037,552

          Interdepartmental transfer                             115,000                       115,000

               Total                                                  34,636,804                  34,804,575

Sec. 334.  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.

* * *

Sec. 335.  Sec. 122 of No. 215 of the Acts of 2006 is amended to read:

Sec. 122.     Health - mental health

          Personal services                                       4,245,156                    4,465,152

          Operating expenses                                      645,735                       653,235

          Grants                                                  113,908,703                116,626,879

               Total                                                118,799,594                121,745,266

     Source of funds

          General fund                                                884,623                       705,137

          Global Commitment fund                       112,938,232                117,002,169

          Federal funds                                            4,976,739                    4,037,960

               Total                                                118,799,594                121,745,266

* * *

Sec. 336.  Sec. 123 of No. 215 of the Acts of 2006 is amended to read:

Sec. 123.     Health - Vermont state hospital

          Personal services                                     17,362,523                  17,607,967

          Operating expenses                                   1,342,956                    1,596,585

          Grants                                                             3,000                           3,000

               Total                                                  18,708,479                  19,207,552

     Source of funds

          General fund                                           18,298,479                  18,687,552

          Special funds                                                110,000                       170,000

          Federal funds                                                                                     50,000

          Interdepartmental transfer                             300,000                       300,000

               Total                                                  18,708,479                  19,207,552

Sec. 337.  Sec. 125 of No. 215 of the Acts of 2006 is amended to read:

Sec. 125.     Health - medical practice board

          Personal services                                          466,127                       574,627

          Operating expenses                                      316,700                       316,700

               Total                                                       782,827                       891,327

     Source of funds

          Special funds                                                782,827                       771,327

          Global Commitment fund                                                                  120,000

               Total                                                                                           891,327

Sec. 338.  Sec. 126 of No. 215 of the Acts of 2006, as amended by Sec. 7 of H.547 of 2007 is further amended to read:

Sec. 126.     Department for children and families - administration & support services

          Personal services                                     29,680,515                  30,512,177

          Operating expenses                                   4,947,217                    5,653,792

          Grants                                                      1,506,998                    1,884,124

               Total                                                  36,134,730                  38,050,093

     Source of funds

          General fund                                           11,066,492                  11,523,232

          Global Commitment fund                         10,642,574                  11,358,954

          Federal funds                                          13,515,108                  13,748,368

          Interdepartmental transfer                             910,556                    1,419,539

               Total                                                  36,334,730                  38,050,093

* * *

Sec. 339.  Sec. 128 of No. 215 of the Acts of 2006 is amended to read:

Sec. 128.     Department for children and families - family services

          Personal services                                     19,332,140                  19,332,140

          Operating expenses                                   2,932,379                    2,542,379

          Grants                                                    65,473,894                  61,229,368

               Total                                                  87,738,413                  83,103,887

     Source of funds

          General fund                                           26,044,388                  14,829,862

          Special funds                                             1,306,152                    1,756,152

          Tobacco fund                                                 75,000                         75,000

          Global Commitment fund                         33,968,173                  40,548,173

          Federal funds                                          26,344,700                  25,214,700

          Interdepartmental transfer                                                                 680,000

               Total                                                  87,738,413                  83,103,887

Sec. 340.  Sec. 129 of No. 215 of the Acts of 2006 is amended to read:

Sec. 129.     Department for children and families - child development

          Personal services                                       2,793,150                    2,793,150

          Operating expenses                                      762,969                       762,969

          Grants                                                    46,918,030                  47,191,980

               Total                                                  50,474,149                  50,748,099

     Source of funds

          General fund                                           20,049,881                  20,337,589

          Special funds                                             1,230,722                       978,000

          Global Commitment fund                           1,532,093                    2,469,015

          Federal funds                                          27,435,701                  26,737,743

          Interdepartmental transfer                             225,752                       225,752

               Total                                                  50,474,149                  50,748,099

Sec. 341.  Sec. 133 of No. 215 of the Acts of 2006 is amended to read:

Sec. 133.     Department for children and families - office of economic opportunity

          Personal services                                          202,462                       202,462

          Operating expenses                                        85,023                         85,023

          Grants                                                      5,129,551                    5,103,337

               Total                                                    5,417,036                    5,390,822

     Source of funds

          General fund