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Journal of the House

________________

WEDNESDAY, APRIL 23, 2008

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

Devotional Exercises

Devotional exercises were conducted by Marion Gray Scholarship winners, Jesse LaFountain and summer Becker from Hartford High School.

Committee of Conference Appointed

H. 615

     Pursuant to the request of the Senate for a Committee of Conference on the disagreeing votes of the two Houses on House bill, entitled

     An act relating to juvenile judicial proceedings;

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

   Rep. Lippert of Hinesburg

   Rep. Flory of Pittsford

               Rep. Haas of Rochester

Rules Suspended; Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

H. 889

On motion of Rep. Westman of Cambridge, the rules were suspended and House bill, entitled

An act relating to the state’s transportation program;

Appearing on the Calendar for notice, was taken up for immediate consideration. 

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

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

Sec. 1.    TRANSPORTATION PROGRAM; ADVANCEMENTS,                                       CANCELLATIONS, AND DELAYS

(a)  The state’s proposed fiscal year 2009 transportation program appended to the agency of transportation’s proposed fiscal year 2009 budget, as amended by this act, is adopted to the extent federal, state, and local funds are available. 

(b)  As used in this act, unless otherwise indicated, the term “agency” means the agency of transportation, and the term “secretary” means the secretary of transportation.  As used in this act, the table heading “As Proposed” means the transportation program referenced in subsection (a) of this section; the table heading “As Amended” means the amendments as made by this act; the table heading “Change” means the difference obtained by subtracting the “As Proposed” figure from the “As Amended” figure; and the term “change” or “changes” in the text refers to the project- and program-specific amendments, the aggregate sum of which equals the net “Change” in the applicable table heading.

* * * State Bridges * * *

Sec. 2.  PROGRAM DEVELOPMENT – STATE BRIDGES

The following modifications are made to the program development – state bridges program:

(1)  Funding of the state bridge development and evaluation program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                       1,049,648                                0           -1,049,648

ROW                     256,419                                0              -256,419

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                    1,306,067                                0           -1,306,067

Sources of funds

State                       263,993                                0              -263,993

Federal                1,042,074                                0           -1,042,074

Local                                 0                                0                           0

Total                    1,306,067                                0           -1,306,067

(2)  Funding is added as follows to advance state bridge projects not scheduled for construction in fiscal year 2009.  The authorized funds shall be expended on projects according to their priority ranking.  To the extent the agency determines that the funds would be more efficiently spent advancing a lower ranking project due to permitting, right-of-way, or other practical constraints that impede the advancement of a higher ranking project, the agency shall substantiate and report its determination to the joint transportation oversight committee at its July 2008 meeting.

FY09                   As Proposed              As Amended                 Change

PE, ROW or other             0                  1,306,067             1,306,067

Total                                  0                  1,306,067             1,306,067

Sources of funds

State                                  0                     263,993                263,993

Federal                              0                  1,042,074             1,042,074

Local                                 0                                0                           0

Total                                  0                  1,306,067             1,306,067

* * *  Roadway * * *

Sec. 3.  PROGRAM DEVELOPMENT – ROADWAY

The following modifications are made to the program development – roadway program:

(1)  Authorized spending on the Cabot-Danville FEGC F 028-3(26)C/1 project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction        3,700,000                  1,000,000           -2,700,000

Other                                 0                                0                           0

Total                    3,700,000                  1,000,000           -2,700,000

Sources of funds

State                       185,000                       50,000              -135,000

Federal                3,515,000                     950,000           -2,565,000

Local                                 0                                0                           0

Total                    3,700,000                  1,000,000           -2,700,000

(2)  Authorized spending on the Hartford-Newbury I-91 IM 091-2(72) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction        4,500,000                                0           -4,500,000

Other                                 0                                0                           0

Total                    4,500,000                                0           -4,500,000

Sources of funds

State                       900,000                                0              -900,000

Federal                3,600,000                                0           -3,600,000

Local                                 0                                0                           0

Total                    4,500,000                                0           -4,500,000

(3)  Authorized spending on the Derby GSA border crossing IM 091-34(45) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                      287,500                                0              -287,500

Total                       287,500                                0              -287,500

Sources of funds

State                       287,500                                0              -287,500

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       287,500                                0              -287,500

(4)  The following project has received a federal earmark and is added to program development – roadway program – roadway projects candidates list: Bristol STP 021-1 ( ) – Downtown Streetscape and Sidewalk Improvements – $240,000; 100% federal funds available until expended.

(5)  The following project has received a federal earmark and is added to program development – roadway program – roadway projects candidates list: Essex Junction STP 5300 ( ) – Route 15 Streetscape Improvements – $1,641,500 to be allocated between this project and the existing project Colchester TCSP TCSE (7) – Campus Connector; 100% federal funds available until expended.

* * *  Paving * * *

Sec. 4.  PROGRAM DEVELOPMENT – PAVING

The following modifications are made to the program development – paving program:

(1) Authorized spending in the district leveling program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction        1,650,000                  2,550,000                900,000

Other                                 0                                0                           0

Total                    1,650,000                  2,550,000                900,000

Sources of funds

State                    1,650,000                  2,550,000                900,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                    1,650,000                  2,550,000                900,000

(2) In addition to the change made in subdivision (1) of this section, total authorized spending in the paving program is increased by $866,850 in transportation funds and $3,467,400 in federal funds. The agency shall allocate the additional funds to paving projects in its discretion.

* * * Bike and Pedestrian Facilities * * *

Sec. 5.  PROGRAM DEVELOPMENT – BIKE AND PEDESTRIAN FACILITIES

The following modifications are made to the program development – bike and pedestrian facilities:

(1)  The following project has received a federal earmark and is added to program development – bike and pedestrian facilities – bike and pedestrian facilities candidates list as follows: Bennington – STP WALK ( ) – Streetscape Improvement Project – $490,000; 100% federal funds available until expended.

* * * Traffic and Safety Operations * * *

Sec. 6.  PROGRAM DEVELOPMENT – TRAFFIC AND SAFETY OPERATIONS

The following modifications are made to the program development – traffic and safety operations program:

(1)  The agency is authorized to add to the transportation program a signalization project at the east entrance to Fort Ethan Allen on Vermont Route 15 for the primary purpose of providing more direct public transportation service along the Chittenden County Transportation Authority’s (CCTA) Essex Junction route subject to the agency’s approval of CCTA’s innovative financing proposal for construction of the project and concurrent approval and inclusion by the Chittenden County Metropolitan Planning Organization (CCMPO) of the project in the CCMPO’s transportation improvement program (TIP).  Subject to the project being added to the transportation program, spending on the project is authorized as follows:

FY09                   As Proposed              As Amended                 Change

PE                                     0                       50,000                  50,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                                  0                       50,000                  50,000

Sources of funds

State                                  0                                0                           0

Federal                              0                                0                           0

Local                                 0                       50,000                  50,000

Total                                  0                       50,000                  50,000

* * * Park & Ride * * *

Sec. 7. PROGRAM DEVELOPMENT – PARK & RIDE

The following modifications are made to the program development park & ride  program:

(1) Authorized spending in the municipal park & ride grant program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction           250,000                     300,000                  50,000

Other                                 0                                0                           0

Total                       250,000                     300,000                  50,000

Sources of funds

State                       250,000                     300,000                  50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       250,000                     300,000                  50,000

* * * Transportation Buildings * * *

Sec. 8.  TRANSPORTATION BUILDINGS

The following modifications are made to the transportation buildings program:

(1)  Authorized spending of development and evaluation funds on the Essex garage and office project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                              3,000                                0                  -3,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                           3,000                                0                  -3,000

Sources of funds                                                                             

State                           3,000                                0                  -3,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                           3,000                                0                  -3,000

(2)  The agency shall report by January 15, 2009 to the house and senate committees on transportation on the agency’s plans for the location of maintenance facilities in Chittenden and Addison counties and in the interim shall not advance its current plan for the relocation of the facilities.

* * * Maintenance * * *

Sec. 9.  MAINTENANCE

(a)  Total authorized spending in the maintenance program is amended as follows:

FY09                               As Proposed       As Amended             Change

Personal Services           32,012,562         32,012,562                      0

Operating Expenses       32,156,492         31,686,242          -470,250

Grants                                316,020              316,020                      0

Total                              64,485,074         64,014,824          -470,250

Sources of funds

State                              60,733,558         60,305,808          -427,750

Federal                            3,651,516           3,609,016            -42,500

Other                                  100,000              100,000                      0

Total                              64,485,074         64,014,824          -470,250

(b)  These changes are made to reduce funding for the purchase of temporary bridge parts and to reduce fund in the ITS program. Authorized spending in the ITS program includes support for the installation of RWIS stations along the Interstate 89 corridor between Royalton and Williston.

* * * Aviation * * *

Sec. 10.  AVIATION

The following modifications are made to the aviation program:

(1)  Authorized spending on the Burlington International Airport AIP program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                          360,000                     360,000                           0

ROW                     900,000                     900,000                           0

Construction        3,210,000                  3,210,000                           0

Other                                 0                                0                           0

Total                    4,470,000                  4,470,000                           0

Sources of funds

State                       218,200                     180,000                -38,200

Federal                4,023,000                  4,023,000                           0

Local                      228,800                     267,000                  38,200

Total                    4,470,000                  4,470,000                           0

(2)  In addition to the change made in subdivision (1) of this section, total authorized spending in the aviation program is reduced by $100,000 in transportation funds.  The agency shall determine where the reductions are to be made.

* * * Bridge Maintenance * * *

Sec. 11.  BRIDGE MAINTENANCE

The following modifications are made to the bridge maintenance program:

(1)  Authorized spending for the purchase of a servi-lift vehicle is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction           500,000                                0              -500,000

Other                                 0                                0                           0

Total                       500,000                                0              -500,000

Sources of funds

State                       500,000                                0              -500,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       500,000                                0              -500,000

* * * Town Bridges * * *

Sec. 12.  TOWN BRIDGE

The following modifications are made to the town bridge program:

(1)  Authorized spending on the Dummerston TH62 West River BHO 1442(28) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction        1,128,000                                0           -1,128,000

Other                                 0                                0                           0

Total                    1,128,000                                0           -1,128,000

Sources of funds

State                       225,600                                0              -225,600

Federal                   902,400                                0              -902,400

Local                                 0                                0                           0

Total                    1,128,000                                0           -1,128,000

(2) Authorized spending on the Stamford TH14 TH3 9611 project is a amended to read:

FY09                   As Proposed              As Amended                 Change

PE                            34,669                                0                -34,669

ROW                       48,286                                0                -48,286

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                         82,955                                0                -82,955

Sources of funds

State                         74,660                                0                -74,660

Federal                              0                                0                           0

Local                          8,295                                0                  -8,295

Total                         82,955                                0                -82,955

(3)  A project to reconstruct the Bridge Street bridge in Morrisville on VT 100 is added to the transportation program. 

(4)  A project to reconstruct the Ripley bridge on Ripley Road in Rutland City near the intersection of Ripley Road and Dorr Drive is added to the transportation program.

* * * Town Highway Emergency Fund * * *

Sec. 13.  TOWN HIGHWAY EMERGENCY FUND

Funding of the town highway emergency fund is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                                 0                     312,860                312,860

Total                                  0                     312,860                312,860

Sources of funds

State                                  0                     312,860                312,860

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                                  0                     312,860                312,860

* * * Rail * * *

Sec. 14.  RAIL

The following modifications are made to the rail program:

(1)  Authorized spending on the three-way partnership program is amended to read as follows.  In future budget years, funding for the program shall be limited to the costs of specific projects.

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                      750,000                       45,000              -705,000

Total                       750,000                       45,000              -705,000

Sources of funds

State                       250,000                       15,000              -235,000

Federal                              0                                0                           0

Local                      500,000                       30,000              -470,000

Total                       750,000                       45,000              -705,000

(2)(A)  Authorized spending for the project to design, permit, and rehabilitate the railroad tunnel under North Avenue (TH3) in Burlington is amended to read as follows:

FY09                   As Proposed              As Amended                 Change

PE                            50,000                                0                -50,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                  1,200,000             1,200,000

Total                         50,000                  1,200,000             1,150,000

Sources of funds

State                         50,000                                0                -50,000

Federal                              0                     960,000                960,000

Local                                 0                     240,000                240,000

Total                         50,000                  1,200,000             1,150,000

(B)  The project shall be advanced to construction as quickly as possible, using western corridor federal earmark funds for the $960,000 federal share. As a precondition to advancing the project, the tunnel’s owner, New England Central Railroad, Inc., must agree to be entirely responsible for the non-federal share as well as for any additional costs that may be incurred to complete the scope of work agreed to in the project agreement.

(C)  The agency of transportation shall work with the Federal Highway Administration (FHWA) and the Federal Railroad Administration (FRA) to have federal oversight responsibility for federal earmark funds used for the North Avenue tunnel project transferred from FHWA to FRA.

(D)  To replace the federal earmark funding used on the project, the agency is authorized to seek additional federal earmarks for other western corridor projects.     

(3)  Authorized spending on lease and encroachment management of railroad right-of-way is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                      350,000                     300,000                -50,000

Total                       350,000                     300,000                -50,000

Sources of funds

State                       350,000                     300,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       350,000                     300,000                -50,000

(4)  Authorized spending on maintenance of railroad buildings is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                      175,000                     125,000                -50,000

Total                       175,000                     125,000                -50,000

Sources of funds

State                       175,000                     125,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       175,000                     125,000                -50,000

* * * Rail Quiet Zones * * *

Sec. 15.  RAIL QUIET ZONES

(a)  The secretary of the agency shall negotiate and may approve an agreement on behalf of the state with the municipalities of Burlington, South Burlington, and Shelburne to cooperatively administer and fund the maintenance expenses of the quiet zones on the Vermont Railway.  Any agreement shall include but not be limited to the following conditions:

(1) The agreement shall take effect in fiscal year 2010;

(2) Subject to availability of appropriated funds, total participation by the state of Vermont shall not exceed 50 percent of the total annual operating costs; and

(3) The agreement will be open to renegotiation in the event that a change in train traffic triggers the need to consider noise mitigation under an applicable federal statute or regulation.

* * * Annual Reports * * *

Sec. 16.  19 V.S.A. § 10c(k) is added to read:

(k)  The agency shall by January 15 of each year submit a report on the pavement conditions of the state highway system to the house and senate committees on transportation.

Sec. 17.  19 V.S.A. § 10c(l) is added to read:

(l)  The agency shall by January 15 of each year submit a report on the condition of bridges, culverts, and other structures on the state system and town highways to the house and senate committees on transportation.

* * * Project Prioritization and Addition of New Projects* * *

Sec. 18.  PROJECT PRIORITIZATION PROCESS AND PROPOSAL OF NEW PROJECTS FOR THE STATE  TRANSPORTATION PROGRAM BY REGIONAL PLANNING  COMMISSIONS

(a)  To better reflect regional economic development, land use, and project priorities, the agency, in cooperation with the regional planning commissions, shall modify the existing project prioritization system to ensure that local input is assigned appropriate weighting in the system.

(b)  The agency and the regional planning commissions shall jointly develop and adopt and the agency shall implement a written procedure that allows a regional planning commission to propose that a new project be substituted for an existing project or projects within the same region that are in the state transportation program.  The procedure shall:

(1)  ensure that the proposed new project for addition to the transportation program and the existing project or projects to be deleted from the program are roughly comparable in cost, using updated cost estimates;

(2) consider for removal from the transportation program only projects that are in candidate status;

(3)  describe the project identification requirements and time line requirements that an RPC must satisfy to present the proposed change in the transportation program to the general assembly in a particular fiscal year; and

(4)  describe the agency-regional planning commission communication protocols that will apply to the process.

(c)  Each year, the agency’s proposed transportation program shall include a separate report entitled “RPC Proposals” which shall describe all regional planning commission-proposed changes to the state’s transportation program made in accordance with the procedure adopted pursuant to subsection (b) of this section.

(d)  The agency and regional planning commissions shall report on the adopted procedure described in subsection (b) of this section and on changes made to the priority system in response to subsection (a) of this section to the committees on transportation by January 15, 2009.

Sec. 19.  19 V.S.A. § 10g(g) is added to read:

(g)  The agency’s annual transportation program shall include a separate report referencing this section describing all proposed projects in the program which would be new to the state transportation program if adopted.

* * * Study of Transportation Bonding Options * * *

Sec. 20.  STUDY OF TRANSPORTATION BONDING OPTIONS AND REDUCTION OF USE OF TRANSPORTATION FUNDS IN SUPPORT OF GENERAL GOVERNMENT

(a)  The state treasurer shall select and oversee, pursuant to a public competitive selection process, an investment bank to act as an adviser to the state to develop multiple financing proposals, including general obligation, revenue, and GARVEE bond options, for a program dedicated to assisting in closing the gap between transportation needs and available revenue.

(b)  The state treasurer shall issue a report on the funding options available to the state for the purposes stated in subsection (a) of this section to the members of the joint fiscal committee and the capital debt affordability advisory committee.  These committees shall meet on or before September 1, 2008 to review the report.  Based on the treasurer’s report, the joint fiscal office shall prepare for consideration by the joint fiscal committee transportation funding options available to the state which shall include annual reductions in the amount of transportation funds appropriated for general government purposes.  On or before October 1, 2008, the joint fiscal committee, in consultation with the capital debt affordability advisory committee, shall make  recommendations to the governor for the purpose of advising the governor during the budget preparation process.

* * * State-Owned Railroad Property * * *

Sec. 21.  Sec. 17(e) of No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

(e)  The authority granted by this section shall expire on June 30, 2008 2009.

* * * Central Garage * * *

Sec. 22.  AGENCY VEHICLE FLEET

Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add one vehicle to the fleet as follows:

(1)  one light duty vehicle for use by the program development division structures section for bridge inspections.

Sec. 23.  TRANSFER TO THE CENTRAL GARAGE FUND

Notwithstanding 19 V.S.A. § 13(c), in fiscal year 2009, $1,120,000.00 shall be transferred from the transportation fund to the central garage fund and allocated to the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A. § 13(b). 

* * * Limitation on Use of State Highway Facilities * * *

Sec. 24.  REPEAL

19 V.S.A. § 21(c) (agency rules for parking) is repealed.

Sec. 25.  23 V.S.A. § 1106 is added to read:

§ 1106.  LIMITATIONS ON USE OF STATE HIGHWAY FACILITIES

(a)  For purposes of this section, “state highway facility” means a state highway rest area, picnic ground, parking area, or park-and-ride facility.

(b)  No person shall enter or remain on any state highway facility for the purpose of overnight camping unless the particular facility has been designated for that purpose by the traffic committee.

(c) The traffic committee, after evaluating function, safety, and transportation mobility at a particular state highway facility, may prohibit persons entering or remaining at the particular facility for the purpose of selling, hiring, or leasing any goods, wares, merchandise or services.

(d)  The traffic committee, on the basis of an engineering and traffic investigation or findings as to adverse effects on the quiet enjoyment and property values of people living adjacent to a state highway facility, may designate the size and types of vehicles allowed to park in a state highway facility or in particular areas of a state highway facility.

(e)  Notice of the prohibitions under this section shall be posted at the affected facilities by regulatory signs conforming to the manual on uniform traffic control devices.

* * * Transportation Fund; Sales Tax on Aviation Jet Fuel * * *

Sec. 26.  32 V.S.A. § 9741(7) is amended to read:

(7)  Sales of motor fuels taxed or exempted under chapter 28 of Title 23, provided, however, that aviation jet fuel shall be taxed under this chapter with the proceeds to be allocated to the transportation fund in accordance with section 11 of Title 19.

* * * Public Transit Study * * *

Sec. 27.  PUBLIC TRANSIT STUDY

(a)  Public transit study.  Consistent with the goals, findings, and recommendations of the January 15, 2008 legislative report (Sec. 45 of No. 75 of the Acts of 2007) titled “A Study Regarding the Regional Connectivity of Vermont’s Public Transit System,” the agency of transportation, in cooperation with the joint fiscal office, shall conduct a further study to develop findings and recommendations for improving the efficient and effective delivery of public transit services in Vermont. 

(b)  Goal of study.  The goal of the study is to recommend a governance and funding structure for public transportation that creates the most efficient use of taxpayer funds while simultaneously creating the most efficient system of public transportation services consistent with the statutory policy goals in 24 V.S.A. § 5083.  The study shall:

(1)  Make use of the data and information generated by the current short-range transit planning process to assess the strengths and weaknesses of the public transit delivery system;

(2)  Compare the organizational structure and current service delivery system with those of several other states;

(3)  Analyze different possible organizational structures for Vermont that could lower administrative or operating costs and improve service delivery throughout the state.

(c)  The agency shall direct the study with the involvement of the agency of human services and of all public transit providers in the state who are direct grantees and sub-recipients of state and federal funds.

(d)  Consistent with federal United We Ride initiatives, the study shall consider all federal and state funding invested through or by state and federal agencies on public, human service, and related transportation programs and shall evaluate the potential for achieving greater efficiency through coordination of effort or consolidation of funding and effort.

(e)  The study report shall be delivered to the general assembly on or before January 15, 2009.

* * * Larrabee’s Point Ferry * * *

Sec. 28.  Sec. 1 of No. 59 of the Acts of 1991 is amended to read:

Sec. 1.  LARRABEE’S POINT FERRY

(a)  Rights granted.

The right and privilege of maintaining and operating a ferry across Lake Champlain from Larrabee’s Point in the town of Shoreham, county of Addison and state of Vermont, to the town of Ticonderoga in the state of New York, is granted to Shorewell Ferries, Inc 1759 Ltd. d/b/a Fort Ticonderoga Ferry, a Vermont corporation having its principal office at Shoreham in the county of Addison, its successors and assigns, for a period of 20 45 years from the first day of January, 1991.  No person other than Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, may operate a ferry within ten miles north or ten miles south from the ferry landing now in use on Larrabee’s Point during such 20 year 45-year period.  The right and privilege herein granted includes the right to maintain the existing landings.

(b)  Conditions.

Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors and assigns, shall be subject to the orders of the transportation board as authorized in Title 5, parts 1 and 3 and shall pay all taxes assessed this franchise and any property of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, used in connection with the ferry.  If the rights granted under this act are transferred to or acquired by the successors or assigns of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, the transfer shall be recorded in the office of the secretary of state.

(c)  Forfeiture.

If Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, establishes and operates a ferry under authority of this act, it shall be the duty of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, as the case may be, to maintain suitable and safe ferryboats, sufficient for carrying and transporting motor and other vehicles, horses, cattle, passengers, and goods, and to operate ferry service at reasonable and seasonal times as required by the transportation board, but in no event shall the transportation board require the ferry to be operated prior to May 15 or after November 15 in any calendar year.  Failure to comply with any order of the transportation board, or to pay any tax lawfully assessed against the franchise or against property of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, owned or used in connection with the franchise, shall work a forfeiture of the rights and privileges granted under this act.

(d)  Investments made.

All investments made by 1759 Ltd. d/b/a Fort Ticonderoga Ferry into the ferry service shall be reported to the agency of transportation, upon request, to obtain appropriate toll credits.

* * * Highway Maintenance Vehicles—Right-of-Way * * *

Sec. 29.  23 V.S.A. § 1050a is added to read:

§ 1050a.  AUTHORIZED HIGHWAY MAINTENANCE VEHICLES

(a)  For purposes of this section, “authorized vehicle” means a vehicle authorized by the agency of transportation (in the case of state highways) or the municipality (in the case of town highways) to perform maintenance on a highway.

(b)  The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway when the vehicle displays flashing lights meeting the requirements of subsection 1252(b) of this title.

* * * Vermont Coordinate System * * *

Sec. 30.  1 V.S.A. § 671 is amended to read:

§ 671.  VERMONT COORDINATE SYSTEMS DEFINED

The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the horizontal positions or locations of points on the surface of the earth within the state of Vermont are hereafter to be known and designated as the “Vermont Coordinate System 1927 and the Vermont Coordinate System 1983.”  The term “Vermont Coordinate System” is synonymous with the term “Vermont State Plane Coordinate System.”

Sec. 31.  1 V.S.A. § 672 is amended to read:

§ 672.  COORDINATES DEFINED

The plane coordinate values for a point on the earth’s surface, used to express the horizontal position or location of such point on the Vermont Coordinate Systems, shall consist of two distances, expressed in U.S. Survey feet and decimals of a foot when using the Vermont Coordinate System 1927 and expressed in meters and decimals of a meter, or U.S. Survey feet and decimals of a foot when using the Vermont Coordinate System 1983.  One of these distances, to be known as the “x-coordinate,” shall give the position in an east-and-west direction; the other, to be known as the “y-coordinate,” shall give the position in a north-and-south direction.  These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network National Spatial Reference System established by the United States Coast and Geodetic Survey, its predecessor, or its successors.

* * * Railroad Vandalism Prevention * * *

Sec. 32.  13 V.S.A. § 3110 is added to read:

§ 3110.  RAILROAD VANDALISM

(a)  Purpose.  The purpose of this section is to prevent acts of vandalism to railroad property which affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.

(b)  Definitions.  For purposes of this section:

(1)  “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title.

(2)  “Railroad” means any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including:

(A)  commuter or other short-haul railroad passenger service in a  metropolitan or suburban area; and

(B)  high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3)  “Railroad carrier” means a person providing railroad transportation.

(4)  “Railroad property” means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device.  “Railroad property” does not include administrative buildings, administrative offices, or administrative office equipment.

(5)  “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

(6)  “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(c)  Vandalism of railroad property.  No person shall, with reckless disregard for railroad property or the safety of another, commit an act which causes damage to railroad property.

(d)  Penalty for vandalism of railroad property. 

(1)  A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less. 

(2)  A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00. 

(3)  A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.

(e)  Aggravated railroad vandalism.  A person who intentionally causes damage to railroad property which results in death or serious bodily injury to another person shall be guilty of aggravated railroad vandalism.

(f)  Penalty for aggravated railroad vandalism.  A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both. 

(g)  If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured.

Sec. 33.  REPEALS

(1)  13 V.S.A. §§ 3101-3104 are repealed (railroad crimes).

(2)  5 V.S.A. § 3733 is repealed (damage to mills, dams and bridges).

* * * Bennington Rail Banking Project * * *

Sec. 34.  BENNINGTON RAIL BANKING PROJECT

The Bennington rail banking project, of which the project Bennington STP Bike (26) is a portion, is authorized pursuant to the following conditions:

(1)  Subject to Surface Transportation Board and Vermont Railway, Inc. approval, the rail banking shall commence at a point south of the VT 7A underpass, but not south of valuation station 3103+00 of which is located 1,700 feet south of the VT 7A underpass, and extend southerly to the terminus of the railroad in Bennington.

 (2)  A runaround track shall be constructed as part of the bike path project north of valuation station 3103+00 when project Bennington STP Bike (26) is constructed.

(3)  The town of Bennington shall be responsible for:

(A)  all fees and expenses incurred as part of the STB rail banking proceedings;

(B)  all costs associated with the removal and proper disposal of the rails and ties with the town retaining the entire salvage value of the rails and ties; and

(C)  after the rails and ties have been removed, all costs associated with grading the rail bed to a uniform grade in a neat appearance, allowing for proper drainage of the rail bed.

(4)  where feasible and with the approval of the Vermont Railway, Inc., a portion of the railroad right-of-way between valuation station 3103+00 and VT 7A may be used for a transportation path provided it does not interfere with railroad operations.

* * * School Bus Exemption for School Employees and Volunteers * * *

Sec. 35.  23 V.S.A. § 4(34)(A)(iv) is amended to read:

(iv)  motor vehicles with a manufacturer’s rated seating capacity of fewer than 11 persons, including the operator, which are owned, leased, or hired by a school, or for which services are reimbursed by a school.  However, if used to transport students, these shall be considered a Type II school bus for purposes of licensure, shall display an identification sign as prescribed in subdivision 1283(a)(1) of this title, and shall be equipped with a simple system of at least two red alternating warning lights; unless the driver is a school employee or a volunteer approved by the school or a regional public transit agency after a criminal background check, and is transporting no more than four students excluding the operator, provided that the vehicle has seat belts for all persons being transported;

* * * Public Transportation System Integrity * * *

Sec. 36.  PUBLIC TRANSPORTATION SYSTEM INTEGRITY

(a)  Notwithstanding any other law to the contrary, the agency of transportation is authorized, first, to spend up to $100,000.00 in federal funds from the Public Transit Program – Statewide Encouragement of Carpools (STP RIDE) program and, second, to spend up to $350,000.00 in funds ($315,000.00 federal funds and $35,000.00 state funds) from the Public Transit Program – Statewide Capital to make grant awards to subrecipients and other public transportation providers for the purpose of maintaining existing public transportation services statewide. 

(b)  To help the agency of transportation determine whether increased costs are likely to trigger service reductions in the statewide system of general public transportation services, each public transportation provider, by May 31, 2008, shall provide the agency of transportation with an estimate of its projected budget deficit, if any, for fiscal year 2009, assuming continuation of the services in existence upon passage of this act.  Each projected budget deficit estimate shall be the difference in the amount between revenues budgeted by the provider agency in a board-approved budget and the expenses now necessary to incur to maintain current service levels.  Public transportation providers shall inform the agency of transportation of the per-gallon fuel price used to determine operating expenses, their capacity to use preventive maintenance funding to maintain existing levels of service, as well as any other information that the agency of transportation may deem necessary to conduct its analysis.

(c)  The agency of transportation in making grant awards under this section shall mitigate to the greatest extent practicable loss of general public transportation services.  In addition, the agency of transportation shall provide for an equitable geographic distribution of funds statewide, if possible, depending upon each provider’s ability to utilize preventive maintenance funding. 

(d)  Any funding not needed to maintain existing services shall remain in the capital program.

(e)  As early as practicable, the agency of transportation shall issue a report to the joint transportation oversight committee  established under 19 V.S.A. § 12b(a) regarding grant awards made under this section.

* * * Transportation Funds in Support of General Government * * *

Sec. 37.  19 V.S.A. § 11a is amended to read:

§ 11a.  Transportation funds appropriated for support of government

The maximum amount of transportation funds that may be appropriated for the support of government, other than for the agency of transportation, the transportation board, transportation pay act funds, construction of transportation capital facilities used by the agency of transportation, and transportation debt service shall not exceed $35,007,219 $35,007,219.00 in fiscal year 2008 and in fiscal year 2009 and thereafter shall not exceed $32,852,807.00.

* * * Recycled Asphalt Pavement * * *

Sec. 38.  19 V.S.A. § 10c(m) is added to read:

(m)  Recycled asphalt pavement (RAP) shall be used on all agency paving projects to the extent sources of quality RAP are available consistent with producing quality hot mix asphalt.  To that extent, the agency shall define paving project specifications and contract bid documents to allow the use of up to 50 percent RAP.  The agency shall compare the cost-benefit of the state retaining the RAP versus the contractor retaining the RAP, and the agency shall report to the house and senate committees on transportation on the results of the comparison of the 2009 and 2010 legislative sessions.

* * * Smugglers Notch * * *

Sec. 39.  23 V.S.A. § 1006b is amended to read:

§ 1006b.  SMUGGLERS NOTCH; WINTER CLOSURE OF VERMONT ROUTE 108

     The agency of transportation may close the Smugglers Notch segment of Vermont Route 108 during periods of winter weather. To enforce the winter closure, the agency shall erect a lockable gate at both closure points, extending the width of the highway, posted with signs advising that the highway is closed and that traveling on the highway when it is closed is a violation of the motor vehicle laws of the state.  Notwithstanding any law to the contrary, if the highway is officially closed but the gates at both closure points are not in a locked position across the highway, no ticket or any other form of summons and notice of a motor vehicle violation shall be issued to motorists driving on the closed portion of the highway signs conforming to the standards established by section 1025 of this title.

Sec. 40.  SUPPLEMENTARY MEASURES; RECREATIONAL AND EMERGENCY ACCESS

To preclude unauthorized access by motor vehicles to the Smugglers Notch segment of Vermont Route 108 when it is closed during periods of winter weather, the agency of transportation shall develop and implement a plan by December 15, 2008 to provide for installation of physical barriers and supplementary signage.  The plan shall provide for the continued accommodation of recreational and emergency access.

* * * State Rail Trails * * *

Sec. 41.  STATE MAINTAINED RAIL TRAILS

The agency shall report to the house and senate committees on transportation by January 15, 2009 on a funding and management plan for all rail trails that are owned and maintained by the agency.

* * * Repeal of Miscellaneous Reporting Requirements * * *

Sec. 42.  SESSION LAW REPEALS

The following provisions of session law are repealed:

(1)  Sec. 2(a) of  No. 144 of (1998) of the Acts of the 1997 Adj. Sess. (report on changes in the scheduling of projects in the transportation capital program or project development plan).

(2)  Sec. 3(a) of No. 18 of 1999 (report on changes in the scheduling of projects in the transportation capital program or project development plan).

(3)  Sec. 3(a) of No. 156 of (2000) the Acts of the 1999 Adj. Sess. (report on changes in the scheduling of projects in the transportation capital program or project development plan).

(4)  Sec. 48(c) of No. 80 of 2005 (report on the status of Connecticut River bridge projects).

(5)  Sec. 20 of No. 175 of (2006) the Acts of the 2005 Adj. Sess. (report on purchase of equipment for Amtrak).

(6)  Sec. 50 of No. 175 of (2006) of the Acts of the 2005 Adj. Sess. (report on collection of town bridge and culvert inventory data).

Sec. 43.  TITLE 19 REPEALS

The following provisions of Title 19 are repealed:

(1)  § 10g(d)(1) (analysis of balance between the state’s commitment to transportation projects and total available resources over the 10-year period commencing with the fiscal year of the transportation program).

(2)  § 10g(e) (separate report regarding certain projects with cost estimates exceeding $5 million). 

Sec. 44.  TITLE 23 REPEALS

The following provisions of Title 23 are repealed:

(1) § 304b(a) (report regarding conservation motor vehicle registration plates).

(2)  § 1042(d) (report on municipal truck routes).

(3)  § 1803(k) (annual report of Vehicle Equipment Safety Commission).

Sec. 45.  TITLE 32 REPEAL

32 V.S.A. § 706(4) (report on transfers of appropriation balances within the agency of transportation) is repealed:

* * * Aggregate Sources * * *

Sec. 46. AGGREGATE SOURCES

The agency of transportation shall coordinate with the agency of natural resources to investigate the potential for prepermitting new state aggregate sources, including the temporary installation of portable asphalt pavement plants associated with transportation resurfacing projects.  The agency’s director of program development shall brief the house and senate committees on transportation on the outcome of the evaluation during testimony on the fiscal year 2010 budget.

* * * Addison-Crown Point, NY Bridge * * *

Sec. 47. ADDISON-CROWN POINT, NY BRIDGE

Before entering into any agreement with the New York state department of transportation regarding replacement or rehabilitation of the bridge over Lake Champlain between Addison, VT and Crown Point, NY, the agency of transportation shall ensure that the agreement provides for thorough consideration of alternative transportation options, including replacement of the bridge with a ferry.    

* * * Truck Annual Permit Pilot Project * * *

Sec. 48.  23 V.S.A. §1402(e) is added to read:

(e)  Pilot project allowing annual permits for low bed trailers.

(1)  The commissioner may issue an annual permit to allow the transportation of a so-called “low-bed” trailer.  A “low-bed” trailer is defined as a trailer manufactured for the primary purpose of carrying heavy equipment on a flat-surfaced deck, which deck is at a height equal to or lower than the top of the rear axle group.

(2)  A blanket permit may be obtained for an annual fee of $250.00 per unit, provided the total vehicle length does not exceed 75 feet, does not exceed a loaded width of 12’6”, does not exceed a total weight of 108,000 lbs., and has a height not exceeding 14 feet.

(3)  Warning signs and flags shall be required if the vehicle exceeds 75 feet in length, or exceeds 8’6” in width.

(4)  This subsection shall expire on June 30, 2010.  No later than January 15, 2010, the department of motor vehicles, after consultation with the agency of transportation, Vermont League of Cities and Towns, and Vermont Truck and Bus Association, shall report to the house and senate committees on transportation on the results of this two year pilot project.  The report shall include recommendations on extending this provision on low bed trailers, as well as other recommendations relating to longer vehicle lengths.

* * * Vermont Truck Network * * *

Sec. 49.  23 V.S.A. § 1432(c) is amended to read:

(c)  The truck network.  The truck network shall consist of the following: U.S. Route 2 between the New Hampshire state line and the junction of U.S. Route 5; U.S. Route 2 from the junction of exit 21 on I-91 to exit 8 on Interstate 89; U.S. Route 2 between the New York state line and VT Route 78; VT Route 2A; U.S. Route 4 from the New York state line to the junction of VT Route 100 south; VT Route 279 from the New York state line to the junction of U.S. Route 7; U.S. Route 5 from the junction of U.S. Route 2 to the junction of exit 20 of I-91; U.S. Route 5 between I-91 at exit 22 to the south entrance of the St. Johnsbury-Lyndonville industrial park; U.S. Route 5 south from I-91 at exit 22 to the intersection of St. Johnsbury Railroad Street and Hastings Hill Street; U.S. Route 7; VT Route 9 from the New York state line to the junction of exit 2 on I-91; VT Route 9 from the junction of exit 3 on I-91 to the New Hampshire state line; VT Route 18 from U.S. Route 2 to the New Hampshire state line; VT Route 22A between U.S. Route 4 and U.S. Route 7; VT Route 78; VT Route 103; VT Route 105 from the junction of U.S. Route 7 to the junction of VT Route 100, then southerly on VT Route 100 to the junction of VT Route 100 and VT Route 14, then easterly on VT Route 14 to the junction of VT Route 14 and U.S. Route 5, then northerly on U.S. Route 5 to the junction of U.S. Route 5 and VT Route 105, then easterly on VT Route 105 from the junction of U.S. Route 5 to the New Hampshire border; VT Route 104 from VT Route 105 to I-89 at exit 19; VT Route 253 from the New Hampshire border to the Canadian border; VT Route 289; and U.S. Route 302. The commissioner is authorized to place special restrictions applying to motor vehicles on any route of the truck network when, in his or her opinion, the restrictions would provide for the safe operation of all vehicles on the route.

* * * Enhancement Grants * * *

Sec. 50.  TRANSPORTATION ENHANCEMENT GRANTS

Notwithstanding 19 V.S.A. § 38(e), no new awards will be made under the transportation enhancement grant program during federal fiscal year 2009.  The agency shall advise towns and other potential applicants of the one-year suspension.

* * * Authority to Purchase Amtrak Equipment * * *

Sec. 51.  Sec. 44 of No. 75 of the Acts of 2007 is amended as follows:

Sec. 44.  LEGISLATIVE APPROVAL FOR PURCHASE OF EQUIPMENT  FOR AMTRAK VERMONT SERVICE

(a)  Pursuant to Sec. 20 of No. 175 of the Acts of the 2005 Adj. Sess. (2006), the general assembly approves the state of Vermont’s purchase, through the agency of transportation, of five Colorado Rail Car units, consisting of three motorized units and two passenger cars.

(b)  This approval is subject to the following conditions:

(1)  Financing for the demonstration project must be available under the Railroad Rehabilitation & Improvement Financing (RRIF) loan program administered by the Federal Railroad Administration (FRA).

(2)  The Diesel Multiple Unit (DMU) equipment selected by Amtrak through a competitive procurement process in 2003 must be utilized.

(3)  The purchase contract with the DMU vendor shall include an option to purchase future equipment, with pricing protections.

(4)  The DMU equipment must meet or exceed current Federal Railroad Administration (FRA) structural safety requirements. 

(5)  The DMU equipment must comply with accessibility standards under the Americans with Disabilities Act (ADA).

(6)  The vendor of the DMU equipment must agree, should the state of Vermont determine that the demonstration project is unsuccessful, to act as the state’s agent to sell the DMU equipment at a minimum of 90 percent of the purchase price and, should the DMU equipment not sell within one year, to purchase the DMU equipment back at 90 percent of the purchase price.  The stipulation in the vendor contract related to the equipment buyback must be reviewed by the state treasurer as containing satisfactory protection for the state’s financial interest related to the state indebtedness limits.

(7)  The contract for construction and purchase of the DMU equipment must be approved by the state treasurer and the attorney general as including sufficient guarantees to assure successful manufacture and delivery of the DMU equipment, as well as performance of the vendor’s undertakings to sell or buy back the DMU equipment, should the state determine that the demonstration project is unsuccessful.

(8)  Any agreements between the state of Vermont and Amtrak or the FRA must be flexible enough to permit redeployment of the DMU equipment in the event of the reconfiguration of Amtrak service to Vermont.

* * * Report on Diesel Tax Exemption * * *

Sec. 52. REPORT ON MOTOR BUS EXEMPTION FROM DIESEL TAX

The joint fiscal office shall analyze and report by January 15, 2009 to the house and senate committees on transportation on the transportation fund revenue implications of amending the diesel tax to eliminate the exemption for motor buses.  The report shall specifically consider the revenue implications of amending 23 V.S.A. § 3003(d) to read:

§ 3003.  IMPOSITION OF TAX; EXCEPTIONS

* * *

(d)(1)  For users, the following uses shall be exempt from taxation under this chapter and be entitled to a credit for any tax paid for such uses under section 3020 of this title:

(A)  uses, the taxation of which would be precluded by the laws and Constitution of the United States and this state;

(B)  uses for agricultural purposes not conducted on the highways of the state;

(C)  uses by any state, municipal, school district, fire district or other governmentally owned vehicles for official purposes;

(D)  uses by any vehicle off the highways of the state; and

(E)  uses by motor buses registered in this state; and

(F)  uses by any vehicle registered as a farm truck under subsection 367(f) of this title.

(2) Provided, however, that no tax shall be due with respect to fuel for use in any state, municipal, school district, fire district or other governmentally-owned vehicle owned, leased, or contracted for other than single-trip use by a government entity, as long as the distributor takes from the purchaser at the time of sale an exemption certificate in the form prescribed by the commissioner; and provided, further, that no tax shall be due with respect to fuel delivered for farm use to a farm bulk fuel storage tank.

* * *

* * * Railroad Farm Crossings * * *

Sec. 53.  5 V.S.A. § 3456 is amended to read:

§ 3456.  JURISDICTION

Without affecting special provisions of law relating to matters contained herein, the board shall have jurisdiction on due notice to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter of any railroad, or in the statutes of this state relating to railroads, and shall have like jurisdiction in all matters respecting:

* * *

(3)  The construction and maintenance of proper fences, cattle guards and, farm crossings, and rural crossings;

* * *

Sec. 54.  5 V.S.A. § 3639 is amended to read:

§ 3639.  FARM CROSSINGS AND CATTLE GUARDS; CONSTRUCTION AND MAINTENANCE

(a)  For the purposes of this subchapter, “farm crossing” means a railroad crossing that is utilized exclusively as access to and from adjoining property which is actively used for farming including one residence of the farmer or farm family, or residence of a farm employee or employee family when the housing is owned by the farmer, and the resident is directly involved in the day-to-day operation of the farm.

(b)  A crossing that does not completely meet the criteria for a “farm crossing” as set forth in subsection (a) of this section nor the criteria for a rural crossing as set forth in section 3639a of this title shall be deemed a private crossing.  The owner of property accessed by a private crossing shall be liable for the total costs associated with construction, upgrade, and maintenance of the crossing as well as securing and maintaining liability insurance.

(c)(1)  For the purposes of this subchapter, “farming” shall mean any of the following activities that, by themselves or together, amount to a minimum of 50 percent of the use of the land served by the farm crossing:

(A)  the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, horticultural and orchard crops, or forest products; or

(B)  the raising, feeding, or management of livestock, poultry, fish, or bees; or

(C)  the operation of greenhouses; or

(D)  the production of maple syrup; or

(E)  the on-site storage, preparation, and wholesale of agricultural products principally produced on the farm; or

(F)  the on-site production of fuel or power from agricultural products or wastes produced on the farm.

(2)  Farming shall not include retail and other activities which involve use of a crossing by the general public, including but not limited to farm stands, pick-your-own operations, and cut-your-own operations.

(d)(1)  A person or corporation owning or operating a railroad shall construct and maintain farm crossings of the road railroad for the use of the proprietors of accommodation of farming on lands adjoining the railroad, and .  If livestock are kept on those adjoining lands, the railroad shall provide cattle guards or gates at all farm and road highway crossings sufficient to prevent cattle and animals from getting on the railroad.  A farm crossing may be temporarily or permanently closed or discontinued by mutual agreement between all parties having an interest therein.  If no such mutual agreement can be reached by such interested parties, then a person or corporation owning or operating a railroad and desiring to close any farm crossing shall make application to the transportation board.  The board shall thereupon give notice to all parties interested, in such manner as the board may direct, of hearing on such application, such hearing to be in the county where such crossing is located. After such hearing, a person or corporation owning or operating a railroad shall not close such farm crossing without the approval of the transportation board.  A person aggrieved by the closing of a farm crossing after January 1, 1955, by a person or corporation owning or operating a railroad may notify the transportation board by registered or certified mail of such closing, and thereupon such board shall conduct a hearing.  Notice and place of hearing shall be as hereinbefore provided.  The transportation board may require the reopening of any such crossing and make such other order as is permitted in section 3649 of this title.  At any such hearing the burden of proof shall rest with the person or persons effecting or seeking to effect the closing of such farm crossing.  Any person aggrieved by an order of the transportation board may, in accordance with Rule 75 of the Vermont Rules of Civil Procedure, appeal to the superior court, whereupon such cause shall be tried as an original action brought under the provisions of section 402 of Title 12.  The railroad shall file for record notice of the existence of the farm crossing maintained by the railroad in the clerk’s office of the town where the crossing is located.

(2)  In the event that a farmer significantly increases actual use of a farm crossing, either temporarily or permanently, the farmer shall notify the railroad of the nature, scope, and duration of the increase prior to the increase so as to give the railroad sufficient time to alert its train crews operating a train over the crossing of the increase in use.  Where the nature, scope, and duration of the increase in use is such that an upgrade is necessary, the railroad shall pay the first $2,500.00 of the cost, three-fourths of the cost between $2,500.00 and $5,000.00, one-half of the cost from $5,000.00 to $10,000.00, and the farmer shall pay all of the cost of the upgrade over $10,000.00.  Where the railroad and the farmer cannot come to mutual agreement over the necessary upgrade and the cost of the upgrade, application shall be made to the transportation board pursuant to section 3639b of this title.  A railroad shall be notified by the farmer of a crossing whenever a farm crossing that has not been permanently closed is again being used.

(b)  A person or railroad corporation closing any farm crossing in violation of a provision of this section or failing to comply with any such order shall be fined not less than $50.00 nor more than $500.00 and any person aggrieved by such violation may recover his or her damages in an action on this statute.

Sec. 55.  5 V.S.A. § 3639a is added to read:

§ 3639a.  RURAL CROSSINGS

(a)  For purposes of this section, a “rural crossing” is a crossing that:

(1)  Was a farm crossing in existence on January 1, 1955;

(2)  Has not been authorized for closure by mutual agreement of the parties or by an order of the public service board or the transportation board;

(3)  Is no longer used for the accommodation of farming as defined in section 3639 of this title;

(4)  Is not the subject of a private crossing agreement between the railroad and the owner of the land accommodated by the crossing; and

(5)  Has not been laid out as a town or state highway.

(b)  Notwithstanding section 3425 of this title, a railroad shall maintain rural crossings to accommodate the historic uses of the crossings as they existed for 15 or more years prior to January 1, 2008.  The railroad shall file for record notice of the existence of the rural crossing maintained by the railroad in the clerk’s office of the town where the crossing is located.  However, a railroad shall not be under any obligation to construct improvements to the crossing to accommodate new or additional uses of the crossings.

(c)  A railroad shall not close a rural crossing except by agreement with the owner of the land accommodated by the crossing or pursuant to an order of the transportation board under section 3639b of this title which authorizes the closure.

Sec. 56.  5 V.S.A. § 3639b is added to read:

§ 3639b.  TRANSPORTATION BOARD HEARINGS

(a)  A farm or rural crossing may be temporarily or permanently closed,  discontinued, consolidated, upgraded, or moved by mutual agreement between all parties having an interest in the crossing.  If a mutual agreement cannot be reached by the interested parties, then a railroad desiring to close, discontinue, consolidate, or move any farm or rural crossing shall make application to the transportation board.  The board shall give notice of the hearing to all interested parties, including, but not limited to, the owner of the land accommodated by the crossing, the legislative body of the municipality in which the crossing is located, the secretary of transportation, and the secretary of agriculture, food and markets.  The hearing shall be held in the county where the crossing is located.

(b)  In considering whether to approve closure, discontinuance, consolidation, upgrade, or movement of a farm or rural crossing, the board shall consider the following:

(1)  The availability of alternative access to the property served by the crossing;

(2)  The feasibility of consolidating two or more existing crossings;

(3)  Safety issues, taking into account actual and expected pedestrian and vehicular use of the crossing, as well as present and reasonably foreseeable rail traffic and train speeds; and

(4)  The cost of improvements to the crossing as compared to the value of the land accommodated by the crossing. 

(c)  The board may delay the effective date of an order approving closure, discontinuance, consolidation, upgrade, or movement of a farm or rural crossing for up to one year to allow the parties a reasonable opportunity to negotiate a private crossing agreement.

(d)  A person aggrieved by a railroad’s closing, discontinuance, consolidation, upgrade, or movement of a farm or rural crossing after January 1, 1955 or by a railroad’s failure to maintain a farm or rural crossing as required in sections 3639 and 3639a of this title shall notify the parties by certified mail, specifying the location of the crossing and the relief sought from the railroad.  If the person remains aggrieved 10 days after providing notice, the person may file a request for hearing with the board, which shall promptly schedule a hearing in accordance with subsections (a) and (b) of this section.

(e)  The transportation board shall retain jurisdiction of cases where there has been a change of conditions regarding a crossing.

(f)  The final order of the transportation board shall be filed by the aggrieved party for record in the clerk’s office of the town where the crossing is located.

Sec. 57.  5 V.S.A. § 3639c is added to read:

§ 3639c.  CIVIL PENALTY

A railroad closing any farm or rural crossing in violation of sections 3639 and 3639a of this title, or in violation of an order of the transportation board under section 3639b of this title, shall be subject to a civil penalty of not less than $500.00 nor more than $5,000.00.  A person aggrieved by such a violation may recover his or her damages in an action on this statute.

Sec. 58.  23 V.S.A. § 1006 is amended to read:

§ 1006.  STOPPING AT RAILROAD CROSSINGS

The traffic committee may designate particularly dangerous railroad grade crossings, and the agency of transportation shall erect stop signs at each railroad grade crossing designated by the traffic committee.  The expense of erecting these stop signs shall be borne by the agency of transportation.

* * * Bellows Falls Mural * * *

Sec. 59. BELLOWS FALL MURAL

The art deco style mural painted on the side of a building celebrating the town of Bellows Falls located on property at 660 Rockingham Road (U.S. Rt. 5) in Bellows Falls approximately 0.6 miles south of exit 6 of Interstate 91 is not subject to the provisions of 10 V.S.A. Chapter 21.

* * * Effective Dates * * *

Sec. 60.  EFFECTIVE DATES

Secs. 14(2), 20, and 36 of this act shall take effect from passage.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Westman of Cambridge moved that the House 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. Westman of Cambridge

Rep. Corcoran of Bennington

Rep. Minter of Waterbury

Senate Proposal of Amendment Concurred in

With a Further Amendment Thereto

H. 884

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

     An act relating to ensuring quality in prekindergarten education programs offered by or through school districts;

First:  In Sec. 2, subsection (a) by striking out the words “any prekindergarten education program offered by a school district” and inserting in lieu thereof the words any prekindergarten education program operated by a school district or by a private provider on behalf of a school district

Second:  By adding a new section to be Sec. 3 to read:

Sec. 3.  Sec. 15 of No. 62 of the Acts of 2007 is amended to read:

Sec. 15.  EFFECTIVE DATES

This act shall take effect on July 1, 2007, except that the rules required by Sec. 3 of this act shall apply beginning in the 2008–2009 academic year.  A prekindergarten education program operated by a school district or by a private provider on behalf of a school district that was operating on or before
October 1, 2008 shall have one year from the effective date of the rules required by Sec. 3 of this act to achieve full compliance with provisions in the rules related to conducting child development assessments and governing the manner in which school districts and private providers establish and negotiate contract payments.

Third:  By adding two new section to be numbered Secs. 4 and 5 to read as follows:

Sec. 4.  16 V.S.A. § 4001(1)(C) is amended to read:

(C)  The full-time equivalent enrollment for each prekindergarten child as follows:  If a child is enrolled in 10 or more hours of prekindergarten education per week or receives 10 or more hours of essential early education services per week, the child shall be counted as one full-time equivalent pupil. If a child is enrolled in six or more but fewer than 10 hours of prekindergarten education per week or if a child receives fewer than 10 hours of essential early education services per week, the child shall be counted as a percentage of one full-time equivalent pupil, calculated as one multiplied by the number of hours per week divided by ten.  A child enrolled in prekindergarten education for fewer than six hours per week shall not be included in the district’s average daily membership.  Although there is no limit on the total number of children who may be enrolled in prekindergarten education or who receive essential early education services, the total number of prekindergarten children that a district may include within its average daily membership shall be limited as follows:

(i)  All children receiving essential early education services may be included.

(ii)  Of the children enrolled in prekindergarten education offered by or through a school district who are not receiving essential early education services, the greater of the following may be included:

(I)  ten children; or

(II)  the number resulting from:

(aa)  one plus the average annual percentage increase or decrease in the district’s first grade enrollment average daily membership as counted in the census period of the previous five years; multiplied by

(bb)  the most immediately previous year’s first grade census count average daily membership; or

(III)  the total number of four-year-olds in the district  the total number of children residing in the district who are enrolled in the prekindergarten program or programs and who are eligible to enter kindergarten in the district in the following academic year

Sec. 5.  16 V.S.A. § 4001(15) is amended to read:

(15)  “Prekindergarten child” means a three- or four-year-old child who is enrolled in a prekindergarten program offered by or through a public school district pursuant to rules adopted under section 829 of this title or who is receiving essential early education services offered pursuant to section 2956 of this title.  Prekindergarten child also means a five-year-old child who otherwise meets the terms of this definition if that child is not yet eligible for or enrolled in kindergarten.

     Thereupon, Rep. Barnard of Richmond, moved to concur in the Senate proposal of amendment with a further amendment thereto, as follows:

     In Sec. 4, § 4001(1)(C)(ii), before the period in subdivision (III), by adding the following:

; or

(IV)  one-fifth of the total number of children in grades 1-5 who were included in the district’s average daily membership for the previous year

     Which was agreed to.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 114

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

An act relating to enhancing mental health parity;

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.  8 V.S.A. § 4089b is amended to read:

(a)  It is the goal of the general assembly that treatment for mental health conditions be recognized as an integral component of health care, that health insurance plans cover all necessary and appropriate medical services without imposing practices that create barriers to receiving appropriate care, and that integration of health care be recognized as the standard for care in this state.

(a)(b) As used in this section:

(1) "Health insurance plan" means any health insurance policy or health benefit plan offered by a health insurer, as defined in 18 V.S.A. § 9402(7). Health insurance plan includes any health benefit plan offered or administered by the state, or any subdivision or instrumentality of the state.

(2) "Mental health condition" means any condition or disorder involving mental illness or alcohol or substance abuse that falls under any of the diagnostic categories listed in the mental disorders section of the international classification of disease, as periodically revised.

(3) "Rate, term or condition" means any lifetime or annual payment limits, deductibles, copayments, coinsurance and any other cost-sharing requirements, out-of-pocket limits, visit limits, and any other financial component of health insurance coverage that affects the insured.

(b)(c)  A health insurance plan shall provide coverage for treatment of a mental health condition and shall:

(1)  not establish any rate, term, or condition that places a greater financial burden on an insured for access to treatment for a mental health condition than for access to treatment for a physical other health conditions;

(2) not exclude from its network or list of authorized providers any licensed mental health or substance abuse provider located within the geographic coverage area of the health benefit plan if the provider is willing to meet the terms and conditions for participation established by the health insurer; and

(3) make any deductible or out-of-pocket limits required under a health insurance plan comprehensive for coverage of both mental health and physical health conditions.

 (c)(d)(1)(A) A health insurance plan that does not otherwise provide for management of care under the plan, or that does not provide for the same degree of management of care for all health conditions, may provide coverage for treatment of mental health conditions through a managed care organization provided that the managed care organization is in compliance with the rules adopted by the commissioner that assure that the system for delivery of treatment for mental health conditions does not diminish or negate the purpose of this section.  In reviewing rates and forms pursuant to section 4062 of this title, the commissioner shall consider the compliance of the policy with the provisions of this section.

(B)  The rules adopted by the commissioner shall assure that:

(i)  timely and appropriate access to care is available; that

(ii)  the quantity, location and specialty distribution of health care providers is adequate; and that

(iii)  administrative or clinical protocols do not serve to reduce access to medically necessary treatment for any insured;

(iv)  utilization review and other administrative and clinical protocols do not deter timely and appropriate care, including emergency hospital admissions;

(v)  in the case of a managed care organization which contracts with a health insurer to administer the insurer’s mental health benefits, the portion of a health insurer’s premium rate attributable to the coverage of mental health benefits is reviewed under sections 4062, 4513, 4584, or 5104 of this title to determine whether it is excessive, inadequate, unfairly discriminatory, unjust, unfair, inequitable, misleading or contrary to the laws of this state;

(vi)  the health insurance plan is consistent with the Blueprint for Health with respect to mental health conditions, as determined by the commissioner under section 9414(b)(2) of Title 18;

(vii)  a quality improvement project is completed annually as a joint project between the health insurance plan and its mental health managed care organization to implement policies and incentives to increase collaboration among providers that will facilitate clinical integration of services for medical and mental health conditions, including:

(I)  evidence of how data collected from the quality improvement project are being used to inform the practices, policies, and future direction of care management programs for mental health conditions; and

(II)  demonstration of how the quality improvement project is supporting the incorporation of best practices and evidence-based guidelines into the utilization review of mental health conditions;

(viii)  an up-to-date list of active mental health care providers in the plan’s network who are available to the general membership is available on the health insurer’s and managed care organization’s websites and provided to consumers upon request; and

(ix)  the health insurers and managed care organizations make accessible to consumers the toll-free telephone number for the Vermont health care administration’s consumer protection help line.

(C)  Prior to the adoption of rules pursuant to this subdivision, the commissioner shall consult with the commissioner of mental health and the task force established pursuant to subsection (h) of this section concerning:

(i)  developing incentives and other measures addressing the availability of providers of care and treatment for mental health conditions, especially in medically underserved areas;

(ii)  incorporating nationally recognized best practices and evidence-based guidelines into the utilization review of mental health conditions; and

(iii)  establishing benefit design, infrastructure support, and payment methodology standards for evaluating the health insurance plan’s consistency with the Blueprint for Health with respect to the care and treatment of mental health conditions.

(2)  A managed care organization providing or administering coverage for treatment of mental health conditions on behalf of a health insurance plan shall comply with this section, sections 4089a and 4724 of this title, and section 9414 of Title 18, with rules adopted pursuant to those provisions of law, and with all other obligations, under Title 18 and under this title, of the health insurance plan and the health insurer on behalf of which the review agent is providing or administering coverage.  A violation of any provision of this section shall constitute an unfair act or practice in the business of insurance in violation of section 4723 of this title.

(3)  A health insurer that contracts with a managed care organization to provide or administer coverage for treatment of mental health conditions is fully responsible for the acts and omissions of the managed care organization, including any violations of this section or a rule adopted pursuant to this section.

(4)  In addition to any other remedy or sanction provided for by law, if the commissioner, after notice and an opportunity to be heard, finds that a health insurance plan or managed care organization has violated this section or any rule adopted pursuant to this section, the commissioner may:

(A)  Assess a penalty on the health insurer or managed care organization under section 4726 of this title;

(B)  Order the health insurer or managed care organization to cease and desist in further violations;

(C)  Order the health insurer or managed care organization to remediate the violation, including issuing an order to the health insurer to terminate its contract with the managed care organization; and

(D)  Revoke or suspend the license of a health insurer or managed care organization, or permit continued licensure subject to such conditions as the commissioner deems necessary to carry out the purposes of this section.

(5)  As used in this subsection, the term “managed care organization” includes any of the following entities that provide or administer the coverage of mental health benefits on behalf of a health insurance plan:

(A)  a review agent as defined in section 4089a of this title;

(B)  a health insurer or an affiliate of a health insurer as defined in section 9402 of Title 18;

(C)  a managed care organization or an affiliate of a managed care organization as defined in section 9402 of Title 18; and

(D)  a person or entity that should be licensed as a managed care organization.

(d)(e)  Notwithstanding the provisions of subdivision (c)(1) of this section, a A health insurance plan shall be construed to be in compliance with this section if at least one choice for treatment of mental health conditions provided to the insured within the plan has rates, terms and conditions that place no greater financial burden on the insured than for access to treatment of physical other health conditions. The commissioner may disapprove any plan that the commissioner determines to be inconsistent with the purposes of this section.

(e)(f) To be eligible for coverage under this section the service shall be rendered:

(1) For treatment of mental illness:

(A) by a licensed or certified mental health professional; or

(B) in a mental health facility qualified pursuant to rules adopted by the secretary of human services or in an institution, approved by the secretary of human services, that provides a program for the treatment of a mental health condition pursuant to a written plan. A nonprofit hospital or a medical service corporation may require a mental health facility or licensed or certified mental health professional to enter into a contract as a condition of providing benefits.

(2) For treatment of alcohol or substance abuse:

(A) by a substance abuse counselor or other person approved by the secretary of human services based on rules adopted by the secretary that establish standards and criteria for determining eligibility under this subdivision; or

(B) in an institution, approved by the secretary of human services, that provides a program for the treatment of alcohol or substance dependency pursuant to a written plan.

(f)(g)  On or before July 15 of each year, health insurance companies doing business in Vermont, and whose individual share of the commercially-insured Vermont market, as measured by covered lives, comprises at least five percent of the commercially-insured Vermont market, shall file with the commissioner, in accordance with standards, procedures, and forms approved by the commissioner:

(1) A report card on the health insurance plan's performance in relation to quality measures for the care, treatment, and treatment options of mental health and substance abuse conditions covered under the plan, pursuant to standards and procedures adopted by the commissioner by rule, and without duplicating any reporting required of such companies pursuant to Rule 10 of the division of health care administration, "Quality Assurance Standards and Consumer Protections for Managed Care Plans," and regulation 95-2, "Mental Health Review Agents," of the division of insurance, as amended, including:

(A) the discharge rates from inpatient mental health and substance abuse care and treatment of insureds;

(B) the average length of stay and number of treatment sessions for insureds receiving inpatient and outpatient mental health and substance abuse care and treatment;

(C) the percentage of insureds receiving inpatient and outpatient mental health and substance abuse care and treatment;

(D) the number of insureds denied mental health and substance abuse care and treatment;

(E) the number of denials appealed by patients reported separately from the number of denials appealed by providers;

(F) the rates of readmission to inpatient mental health and substance abuse care and treatment for insureds with a mental health condition;

(G) the level of patient satisfaction with the quality of the mental health and substance abuse care and treatment provided to insureds under the health insurance plan; and

(H) any other quality measure established by the commissioner.

(2) [Repealed.]  The health insurance plan’s revenue loss and expense ratio relating to the care and treatment of mental health conditions covered under the health insurance plan.  The expense ratio report shall list amounts paid in claims for services and administrative costs separately.

 (g)(h)  The commissioner shall establish a task force to develop performance quality measures, and address oversight issues for managed behavioral health care organizations, and review the results of any quality improvement projects not otherwise confidential or privileged, undertaken by managed care organizations for mental health and substance abuse care and treatment under subdivision (d)(1)(A)(vii) of this section and section 9414(i) of Title 18.  The task force shall report to the senate committees on health and welfare of the senate and the house of representatives committees on health care and on human services on or before January 15 of each year with a report on the activities and recommendations of the task force.  The task force shall include the following:

(1)  the commissioner of developmental and mental health services or a designee;

(2)  the director of the office of Vermont health access or a designee;

(3)  the commissioner of banking, insurance, securities, and health care administration or a designee;

(4)  the deputy commissioner of the department of health for alcohol and drug abuse programs or a designee;

(4)(5)  fourteen additional members appointed by the commissioner of banking, insurance, securities, and health care administration, including:

(A)  four representatives of the health insurance and behavioral managed care organization industry;

(B)  two consumers, after consultation with the health care ombudsman;

(C)  one psychologist, after consultation with the Vermont psychological association;

(D)  one psychiatrist, after consultation with the Vermont psychiatric association;

(E)  one social worker, after consultation with the National Association of Social Workers, Vermont Chapter;

(F)  one mental health counselor, after consultation with the Vermont mental health counselors association;

(G)  one drug and alcohol counselor, after consultation with the Vermont association of drug and alcohol counselors;

(H)  one representative from a consumer or citizen's organization;

(I)  one representative from the business community; and

(J)  one representative of community mental health centers.

Sec. 2.  18 V.S.A. § 9414(g) is amended to read:

(g)(1)  If In addition to any other remedy or sanction provided by law, after notice and an opportunity to be heard, if the commissioner determines that a managed care organization has violated or failed to comply with any of the provisions of this section or any rule adopted pursuant to this section, the commissioner may:

(A)  sanction the violation or failure to comply as provided in Title 8, including sanctions provided by or incorporated in sections 5108 and 5109 of Title 8 and section 4726 of Title 8, and may use any information obtained during the course of any legal or regulatory action against a managed care organization;

(B)  order the managed care organization to cease and desist in further violations; and

(C)  order the managed care organization to remediate the violation, including issuing an order to the managed care organization to terminate its contract with any person or entity which administers claims or the coverage of benefits on behalf of the managed care organization.

(2)  A managed care organization that contracts with a person or entity to administer claims or provide coverage of health benefits is fully responsible for the acts and omissions of such person or entity.  Such person or entity shall comply with all obligations, under this title and Title 8, of the health insurance plan and the health insurer on behalf of which the such person or entity is providing or administering coverage.

(3)  A violation of any provision of this section or a rule adopted pursuant to this section shall constitute an unfair act or practice in the business of insurance in a violation of section 4723 of Title 8.

Sec. 3.  18 V.S.A. § 9414(i) is added to read:

(i)  Upon review of the managed care organization’s clinical data, or after consideration of claims or other data, the commissioner may:

(1)  identify quality issues in need of improvement; and

(2)  direct the managed care organization to propose quality improvement initiatives to remediate those issues.

Sec. 4.  EFFECTIVE DATE; LEGISLATIVE INTENT; APPLICABILITY

(a)  This act shall take effect upon passage.

(b)  The provisions of 8 V.S.A. § 4089b(d)(2) and (3), and 18 V.S.A. § 9414(g)(2) and (3) are intended to clarify existing law.  The remedies provided for in 8 V.S.A. § 4089b(d)(4), and 18 V.S.A. § 9414(g)(1) shall apply to legal or regulatory violations that occur before and after passage of this ac

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.

Favorable Report; Third Reading Ordered

S. 373

Rep. Kitzmiller of Montpelier, for the committee on Commerce, to which had been referred Senate bill, entitled

An act relating to full funding of decommissioning costs of a nuclear plant;

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

Pending the question, Shall the bill be read the third time? Reps. Errecart of Shelburne, Krawczyk of Bennington, LaVoie of Swanton, and Canfield of Fair Haven moved to propose to the Senate to amended the bill as follows:

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

Sec. 1. Legislative Communication on full funding of decommissioning costs of a nuclear plant

The speaker of the house, the president pro tempore of the senate, the chair of the senate committee on finance, and the chair of the house committee on commerce are authorized and directed to communicate to the public service board and the department of public service the strong recommendation of the general assembly that any company seeking to acquire a controlling interest in a company that owns or operates a nuclear power plant in Vermont have sufficient funds or other financial guarantees available only for the purpose of decommissioning the plant to a “greenfield” state in which the equipment, structures and portions of the facility and site containing radioactive contaminants are removed or decontaminated as soon as technically possible after cessation of operations.

Pending the question, Shall the House propose to the Senate to amend the bill as recommended by Reps. Errecart of Shelburne, et al? Rep. Errecart of Shelburne 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 Reps. Errecart of Shelburne, et al?  was decided in the negative.  Yeas, 62.  Nays, 82.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Audette of S. Burlington

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Corcoran of Bennington

Crawford of Burke

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Fitzgerald of St. Albans City

Flory of Pittsford

Gervais of Enosburg

Gilbert of Fairfax

Grenier of St. Johnsbury

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Jerman of Essex

Johnson of Canaan

Keenan of St. Albans City

Keogh of Burlington

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Lewis of Derby

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Monti of Barre City

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Oxholm of Vergennes

Peaslee of Guildhall

Perry of Richford

Pugh of S. Burlington

Scheuermann of Stowe

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


Those who voted in the negative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Cheney of Norwich

Clarkson of Woodstock

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

Fisher of Lincoln

Frank of Underhill

French of Randolph

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

Hutchinson of Randolph

Jewett of Ripton

Johnson of South Hero

Kitzmiller of Montpelier

Klein of East Montpelier

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

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Zenie of Colchester

Zuckerman of Burlington


 

 

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


Chen of Mendon

Consejo of Sheldon

Otterman of Topsham

Turner of Milton

Weston of Burlington


 

     Thereupon, Rep. Adams of Hartland moved that the bill be ordered to lie.

Pending the question, Shall the bill be ordered to lie? Rep. Adams of Hartland 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 bill be ordered to lie? was decided in the negative.  Yeas, 53.  Nays 90.

Those who voted in the affirmative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Audette of S. Burlington

Baker of West Rutland

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Crawford of Burke

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Fitzgerald of St. Albans City

Flory of Pittsford

Grenier of St. Johnsbury

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

Johnson of Canaan

Kilmartin of Newport City

Koch of Barre Town

Komline of Dorset

Krawczyk of Bennington

Larocque of Barnet

Larrabee of Danville

LaVoie of Swanton

Lawrence of Lyndon

Lewis of Derby

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Oxholm of Vergennes

Peaslee of Guildhall

Scheuermann of Stowe

Stevens of Shoreham

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


Those who voted in the negative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Barnard of Richmond

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Cheney of Norwich

Clarkson of Woodstock

Copeland-Hanzas of Bradford

Corcoran of Bennington

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Evans of Essex

Fallar of Tinmouth

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

Hutchinson of Randolph

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

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

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Monti of Barre City

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Perry of Richford

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Pugh of S. Burlington

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Sweaney of Windsor

Trombley of Grand Isle

Zenie of Colchester

Zuckerman of Burlington


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


Chen of Mendon

Consejo of Sheldon

Fisher of Lincoln

Otterman of Topsham

Turner of Milton

Weston of Burlington


 

Pending the question, Shall the bill be read a third time? Rep. Adams of Hartland 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 bill be read a third time?  was decided in the affirmative.  Yeas, 81.  Nays, 58.

Those who voted in the affirmative are:


Ancel of Calais

Anderson of Montpelier

Andrews of Rutland City

Aswad of Burlington

Atkins of Winooski

Bissonnette of Winooski

Botzow of Pownal

Bray of New Haven

Browning of Arlington

Cheney of Norwich

Clarkson of Woodstock

Copeland-Hanzas of Bradford

Courcelle of Rutland City

Davis of Washington

Deen of Westminster

Donovan of Burlington

Dostis of Waterbury

Edwards of Brattleboro

Emmons of Springfield

Fallar of Tinmouth

Frank of Underhill

French of Randolph

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

Kitzmiller of Montpelier

Klein of East Montpelier

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

Milkey of Brattleboro

Miller of Shaftsbury

Minter of Waterbury

Mitchell of Barnard

Mook of Bennington

Moran of Wardsboro

Mrowicki of Putney

Nease of Johnson

Nuovo of Middlebury

Obuchowski of Rockingham

Ojibway of Hartford

Orr of Charlotte

Partridge of Windham

Pearson of Burlington

Pellett of Chester

Peltz of Woodbury

Peterson of Williston

Pillsbury of Brattleboro

Potter of Clarendon

Randall of Troy

Rodgers of Glover

Shand of Weathersfield

Sharpe of Bristol

Smith of Morristown

Spengler of Colchester

Stevens of Shoreham

Sweaney of Windsor

Trombley of Grand Isle

Zenie of Colchester

Zuckerman of Burlington


 

Those who voted in the negative are:


Acinapura of Brandon

Adams of Hartland

Ainsworth of Royalton

Allard of St. Albans Town

Audette of S. Burlington

Baker of West Rutland

Barnard of Richmond

Bostic of St. Johnsbury

Branagan of Georgia

Brennan of Colchester

Canfield of Fair Haven

Clark of Vergennes

Clerkin of Hartford

Condon of Colchester

Corcoran of Bennington

Crawford of Burke

Devereux of Mount Holly

Donaghy of Poultney

Donahue of Northfield

Errecart of Shelburne

Evans of Essex

Fitzgerald of St. Albans City

Flory of Pittsford

Gervais of Enosburg

Grenier of St. Johnsbury

Helm of Castleton

Howrigan of Fairfield

Hube of Londonderry

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

Lewis of Derby

Livingston of Manchester

Marcotte of Coventry

McAllister of Highgate

McDonald of Berlin

McFaun of Barre Town

McNeil of Rutland Town

Monti of Barre City

Morley of Barton

Morrissey of Bennington

Myers of Essex

O'Donnell of Vernon

Oxholm of Vergennes

Peaslee of Guildhall

Perry of Richford

Pugh of S. Burlington

Scheuermann of Stowe

Valliere of Barre City

Westman of Cambridge

Wheeler of Derby

Winters of Williamstown

Wright of Burlington


 

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


Chen of Mendon

Consejo of Sheldon

Fisher of Lincoln

Hutchinson of Randolph

Keenan of St. Albans City

Keogh of Burlington

Koch of Barre Town

Otterman of Topsham

Turner of Milton

Weston of Burlington


 

     Rep. Marek of Newfane explained his vote as follows:

“Madam Speaker:

     Today we required full and fair funding of the Vermont Yankee decommissioning fund – nothing more and nothing less.  If it already is fully funded, as some assert, then it will cost nothing.  But, if it is not, then we will have protected Vermont and Vermonters from huge potential future costs.”

     Rep. Perry of Richford explained his vote as follows:

“Madam Speaker:

     This bill is not necessary.

     This bill reflects a lack of trust in the owners and operators of Vermont Yankee, a lack of understanding of the federal Nuclear Regulatory Commission role and responsibility to require compliance with federal regulations for decommissioning, and a lack of faith in the Vermont Public Service Board  to act prudently on behalf of Vermonters in this matter, without special direction from the General Assembly.”

Favorable Report; Third Reading Ordered

S. 361

Rep. Aswad of Burlington, for the committee on Ways and Means, to which had been referred Senate bill, entitled

An act relating to authority to lease the state lottery;

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

Rules Suspended; Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed

H. 891

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 making appropriation for the support of government;

Was taken up for immediate consideration.

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

Sec. 1.000.  SHORT TITLE

(a)  This bill may be referred to as the BIG BILL - Fiscal Year 2009 Appropriations Act.

Sec. 1.001.  PURPOSE

     (a)  The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2009.  It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2008.  Agency and department heads are directed to implement staffing and service  levels at the beginning of fiscal year 2009 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.

Sec. 1.002.  APPROPRIATIONS

     (a)  It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2009.

     (b)  The sums herein stated are appropriated for the purposes specified in the following sections of this act.  When no time is expressly stated during which any of the appropriations are to continue, the appropriations are single-year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds.  If, in this act, there is an error in either addition or subtraction, the totals shall be adjusted accordingly.  Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.

     (c)  Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2009. 

Sec. 1.003.  DEFINITIONS

     (a)  For the purposes of this act:

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

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

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

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

Sec.  1.004.  LEGEND

     (a)  Function areas by section: 

          2.001 – 2.099 & 5.001 – 5.099  General Government #s & Language

          2.101 – 2.199 & 5.101 – 5.199  Protection to Persons & Property #s &

                                                            Language

          2.201 – 2.299 & 5.201 – 5.299  Human Services #s & Language

          2.301 – 2.399 & 5.301 – 5.399  Labor, K-12 Education-Higher Ed  #s &

                                                            Language

          2.401 – 2.499 & 5.401 – 5.499  Natural Resources #s & Language

          2.501 – 2.599 & 5.501 – 5.599  Commerce & Community

                                                            Development #s & Language

          2.601 – 2.699 & 5.601 – 5.699  Transportation #s & Language

          2.701 – 2.799 & 5.701 -  5.799  Debt Service #s & Language

          2.801 – 2.899 & 5.801 – 5.899  Misc – Onetime & Contingent #s &

                                                            Language

          2.901 -  2.999 & 5.901–  5.999  Other Miscellaneous

Sec. 2.001.  Secretary of administration - secretary's office

                   Personal services                               848,494 

                   Operating expenses                             59,918 

                   Grants                                               150,000 

                        Total                                         1,058,412 

               Source of funds                                                   

                   General fund                                      829,122 

                   Global Commitment fund                     76,613 

                   Interdepartmental transfer                  152,677 

                        Total                                         1,058,412 

Sec. 2.002.  Information and innovation - communications and information technology

                   Personal services                            4,842,221 

                   Operating expenses                        1,022,252 

                   Grants                                               400,000 

                        Total                                         6,264,473 

               Source of funds                                                   

                   General fund                                      115,160 

                   Internal service funds                      6,149,313 

                        Total                                         6,264,473 

Sec. 2.003.  Information and innovation - Vermont information technology leaders (VITL)

                   Grants                                               865,350 

               Source of funds                                                   

                   General fund                                      299,676 

                   Special funds                                     226,174 

                   Global Commitment fund                   339,500 

                        Total                                            865,350 

Sec. 2.004.  Finance and management - budget and management

                   Personal services                               969,417 

                   Operating expenses                           156,553 

                        Total                                         1,125,970 

               Source of funds                                                   

                   General fund                                      945,847 

                   Interdepartmental transfer                  180,123 

                        Total                                         1,125,970 

Sec. 2.005.  Finance and management - financial operations

                   Personal services                            3,354,394 

                   Operating expenses                        1,261,734 

                        Total                                         4,616,128 

               Source of funds                                                   

                   Special funds                                       67,637 

                   Internal service funds                      4,548,491 

                        Total                                         4,616,128 

Sec. 2.006.  Human resources - operations

                   Personal services                            2,338,000 

                   Operating expenses                           628,820 

                        Total                                         2,966,820 

               Source of funds                                                   

                   General fund                                   2,211,227 

                   Special funds                                     297,761 

                   Interdepartmental transfer                  457,832 

                        Total                                         2,966,820 

Sec. 2.007.  Human resources - technical services

                   Personal services                               811,108 

                   Operating expenses                           494,382 

                        Total                                         1,305,490 

               Source of funds                                                   

                   Internal service funds                      1,305,490 

Sec. 2.008.  Human resources - employee benefits & wellness

                   Personal services                            1,450,506 

                    Operating expenses                           433,486 

                        Total                                         1,883,992 

               Source of funds                                                   

                   Internal service funds                      1,883,992 

Sec. 2.009.  Libraries

                   Personal services                            2,027,969 

                   Operating expenses                        1,581,218 

                   Grants                                                 62,500 

                        Total                                         3,671,687 

               Source of funds                                                   

                   General fund                                   2,601,964 

                   Special funds                                     152,482 

                   Federal funds                                    823,729 

                   Interdepartmental transfer                    93,512 

                        Total                                         3,671,687 

Sec. 2.010.  Tax - administration/collection

                   Personal services                          12,212,179 

                   Operating expenses                        2,903,964 

                        Total                                       15,116,143 

               Source of funds                                                   

                   General fund                                 13,952,707 

                   Special funds                                     908,436 

                   Tobacco fund                                      58,000 

                   Interdepartmental transfer                  197,000 

                        Total                                       15,116,143 

Sec. 2.011.  Buildings and general services - administration

                   Personal services                            2,193,312 

                   Operating expenses                           353,689 

                        Total                                         2,547,001 

               Source of funds                                                   

                   Interdepartmental transfer               2,547,001 

Sec. 2.012.  Buildings and general services - engineering

                   Personal services                            1,932,163 

                   Operating expenses                           514,440 

                        Total                                         2,446,603 

               Source of funds                                                   

                   General fund                                   2,446,603 

Sec. 2.013.  Buildings and general services - information centers

                   Personal services                            3,565,522 

                   Operating expenses                        1,306,663 

                        Total                                         4,872,185 

               Source of funds                                                   

                   General fund                                   4,822,185 

                   Special funds                                       50,000 

                        Total                                         4,872,185 

Sec. 2.014.  Buildings and general services - purchasing

                   Personal services                               730,292 

                   Operating expenses                           318,605 

                        Total                                         1,048,897 

               Source of funds                                                   

                   General fund                                   1,048,897 

Sec. 2.015.  Buildings and general services - postal services

                   Personal services                               670,777 

                   Operating expenses                           195,563 

                        Total                                            866,340 

               Source of funds                                                   

                   General fund                                        40,000 

                   Internal service funds                         826,340 

                        Total                                            866,340 

Sec. 2.016.  Buildings and general services - copy center

                   Personal services                               642,126 

                   Operating expenses                           232,350 

                        Total                                            874,476 

               Source of funds                                                   

                   Internal service funds                         874,476 

Sec. 2.017.  Buildings and general services - fleet management services

                   Personal services                               562,573 

                   Operating expenses                           154,346 

                        Total                                            716,919 

               Source of funds                                                   

                   Internal service funds                         716,919 

Sec. 2.018.  Buildings and general services - federal surplus property

                   Personal services                                 68,567 

                   Operating expenses                             77,525 

                        Total                                            146,092 

               Source of funds                                                   

                   Enterprise funds                                 146,092 

Sec. 2.019.  Buildings and general services - state surplus property

                   Personal services                                 63,768 

                   Operating expenses                             63,840 

                        Total                                            127,608 

               Source of funds                                                   

                   Internal service funds                         127,608 

Sec. 2.020.  Buildings and general services - property management

                   Personal services                            1,139,014 

                   Operating expenses                        2,945,329 

                        Total                                         4,084,343 

               Source of funds                                                   

                   Internal service funds                      4,084,343 

Sec. 2.021.  Buildings and general services - workers' compensation insurance

                   Personal services                            1,242,185 

                   Operating expenses                           378,853 

                        Total                                         1,621,038 

               Source of funds                                                   

                   Internal service funds                      1,621,038 

Sec. 2.022.  Buildings and general services - general liability insurance

                   Personal services                               299,547 

                   Operating expenses                           132,820 

                        Total                                            432,367 

               Source of funds                                                   

                   Internal service funds                         432,367 

Sec. 2.023.  Buildings and general services - all other insurance

                   Personal services                                 98,919 

                   Operating expenses                             28,388 

                        Total                                            127,307  

               Source of funds                                                   

                   Internal service funds                         127,307 

Sec. 2.024.  Buildings and general services - fee for space

                   Personal services                          11,993,881 

                   Operating expenses                      12,126,545 

                        Total                                       24,120,426 

               Source of funds                                                   

                   Internal service funds                    24,120,426 

Sec. 2.025.  Geographic information system

                   Grants                                               430,210 

               Source of funds                                                   

                   Special funds                                     430,210 

Sec. 2.026.  Executive office - governor's office

                   Personal services                            1,323,037 

                   Operating expenses                           397,513 

                        Total                                         1,720,550 

               Source of funds                                                   

                   General fund                                   1,527,050 

                   Interdepartmental transfer                  193,500 

                        Total                                         1,720,550 

Sec. 2.027.  Executive office - national and community service

                   Personal services                               202,006 

                   Operating expenses                           122,923 

                   Grants                                            1,835,463 

                        Total                                         2,160,392 

               Source of funds                                                   

                   General fund                                        56,528 

                   Federal funds                                 2,103,864 

                        Total                                         2,160,392 

Sec. 2.028.  Legislative council

                   Personal services                            2,007,162 

                   Operating expenses                           163,692 

                        Total                                         2,170,854 

               Source of funds                                                   

                   General fund                                   2,170,854 

Sec. 2.029.  Legislature

                   Personal services                            4,162,889 

                   Operating expenses                        3,419,474 

                        Total                                         7,582,363 

               Source of funds                                                   

                   General fund                                   7,582,363 

Sec. 2.030.  Legislative information technology

                   Personal services                               387,751 

                   Operating expenses                           512,470 

                        Total                                            900,221 

               Source of funds                                                   

                   General fund                                      900,221 

Sec. 2.031.  Joint fiscal committee

                   Personal services                            1,210,211 

                   Operating expenses                             87,821 

                        Total                                         1,298,032 

               Source of funds                                                   

                   General fund                                   1,298,032 

Sec. 2.032.  Sergeant at arms

                   Personal services                               541,207 

                   Operating expenses                             71,346 

                        Total                                            612,553 

               Source of funds                                                   

                   General fund                                      612,553 

Sec. 2.033.  Lieutenant governor

                   Personal services                               143,693 

                   Operating expenses                             17,920 

                        Total                                            161,613 

               Source of funds                                                   

                   General fund                                      161,613 

Sec. 2.034.  Auditor of accounts

                   Personal services                            2,805,929 

                   Operating expenses                           142,283 

                        Total                                         2,948,212 

               Source of funds                                                   

                   General fund                                      526,254 

                   Special funds                                       54,431 

                   Internal service funds                      2,367,527 

                        Total                                         2,948,212 

Sec. 2.035.  State treasurer

                   Personal services                            2,398,796 

                   Operating expenses                           357,332 

                   Grants                                                 30,000 

                        Total                                         2,786,128 

               Source of funds                                                   

                   General fund                                   1,170,693 

                   Special funds                                  1,522,872 

                   Interdepartmental transfer                    92,563 

                        Total                                         2,786,128 

Sec. 2.036.  State treasurer - unclaimed property

                   Personal services                               766,310 

                   Operating expenses                           252,226 

                        Total                                         1,018,536 

               Source of funds                                                   

                   Private purpose trust funds              1,018,536 

Sec. 2.037.  Vermont state retirement system

                   Personal services                          26,178,487 

                   Operating expenses                           787,519 

                        Total                                       26,966,006 

               Source of funds                                                   

                   Pension trust funds                        26,966,006 

Sec. 2.038.  Municipal employees' retirement system

                   Personal services                            1,827,822 

                   Operating expenses                           410,209 

                        Total                                         2,238,031 

               Source of funds                                                   

                   Pension trust funds                          2,238,031 

Sec. 2.039.  State labor relations board

                   Personal services                               175,087 

                   Operating expenses                             40,263 

                        Total                                            215,350 

               Source of funds                                                   

                   General fund                                      209,480 

                   Special funds                                         2,935 

                   Interdepartmental transfer                      2,935 

                        Total                                            215,350 

Sec. 2.040.  VOSHA review board

                   Personal services                                 40,414 

                   Operating expenses                               9,680 

                        Total                                              50,094 

               Source of funds                                                   

                   General fund                                        25,047 

                   Federal funds                                      25,047 

                        Total                                              50,094 

Sec. 2.041.  Homeowner rebate

                   Grants                                          12,921,868 

               Source of funds                                                   

                   General fund                                 12,921,868 

Sec. 2.042.  Renter Rebate

                   Grants                                            7,955,852 

               Source of funds                                                   

                   General fund                                   2,386,756 

                   Education fund                               5,569,096 

                        Total                                         7,955,852 

Sec. 2.043.  Tax department - reappraisal and listing payments

                   Grants                                            3,240,112 

               Source of funds                                                   

                   Education fund                               3,240,112 

Sec. 2.044.  Use tax reimbursement fund - municipal current use

                   Grants                                            9,850,000 

               Source of funds                                                   

                   General fund                                   9,850,000 

Sec. 2.045.  Lottery commission

                   Personal services                            1,523,184 

                   Operating expenses                        1,093,578 

                        Total                                         2,616,762 

               Source of funds                                                   

                   Enterprise funds                              2,616,762 

Sec. 2.046.  Payments in lieu of taxes

                   Grants                                            4,500,000 

               Source of funds                                                   

                   Special funds                                  4,500,000 

Sec. 2.047.  Payments in lieu of taxes - Montpelier

                   Grants                                               184,000 

               Source of funds                                                   

                   Special funds                                     184,000 

Sec. 2.048.  Payments in lieu of taxes - correctional facilities

                   Grants                                                 40,000 

               Source of funds                                                   

                   Special funds                                       40,000 

Sec. 2.049.  Total general government            177,473,806 

               Source of funds                                                   

                   General fund                                 70,712,700 

                   Education fund                               8,809,208 

                   Special funds                                  8,436,938 

                   Tobacco fund                                      58,000 

                   Global Commitment fund                   416,113 

                   Federal funds                                 2,952,640 

                   Enterprise funds                              2,762,854 

                   Internal service funds                    49,185,637 

                   Pension trust funds                        29,204,037 

                   Private purpose trust funds              1,018,536 

                   Interdepartmental transfer               3,917,143 

                        Total                                     177,473,806 

Sec. 2.101.  Attorney general

                   Personal services                            7,245,495 

                   Operating expenses                        1,066,918 

                        Total                                         8,312,413 

               Source of funds                                                   

                   General fund                                   4,579,248 

                   Special funds                                  1,295,235 

                   Tobacco fund                                    290,000 

                   Federal funds                                    643,000 

                   Interdepartmental transfer               1,504,930 

                        Total                                         8,312,413 

Sec. 2.102.  Vermont court diversion

                   Grants                                            1,724,534 

               Source of funds                                                   

                   General fund                                   1,204,534 

                   Special funds                                     520,000 

                        Total                                         1,724,534 

Sec. 2.103.  Defender general - public defense

                   Personal services                            7,007,618 

                   Operating expenses                           907,209 

                        Total                                         7,914,827 

               Source of funds                                                   

                   General fund                                   7,411,734 

                   Special funds                                     503,093 

                        Total                                         7,914,827 

Sec. 2.104.  Defender general - assigned counsel

                   Personal services                            3,251,287 

                   Operating expenses                             77,909 

                        Total                                         3,329,196 

               Source of funds                                                   

                   General fund                                   3,203,932 

                   Special funds                                     125,264 

                        Total                                         3,329,196 

Sec. 2.105.  Judiciary

                   Personal services                          28,227,859 

                   Operating expenses                        8,613,526 

                   Grants                                               100,000 

                        Total                                       36,941,385 

               Source of funds                                                   

                   General fund                                 31,838,828 

                   Special funds                                  2,712,400 

                   Tobacco fund                                      40,000 

                   Federal funds                                    414,808 

                   Interdepartmental transfer               1,935,349 

                        Total                                       36,941,385 

Sec. 2.106.  State's attorneys

                   Personal services                            9,474,943 

                   Operating expenses                        1,271,127 

                        Total                                       10,746,070 

               Source of funds                                                   

                   General fund                                   8,538,446 

                   Special funds                                       94,476 

                   Federal funds                                      31,000 

                   Interdepartmental transfer               2,082,148 

                        Total                                       10,746,070 

Sec. 2.107.  Special investigative units

                   Grants                                               620,000 

               Source of funds                                                   

                   General fund                                      530,000 

                   Special funds                                       90,000 

                        Total                                            620,000 

Sec. 2.108.  Sheriffs

                   Personal services                            3,186,568 

                   Operating expenses                           277,101 

                        Total                                         3,463,669 

               Source of funds                                                   

                   General fund                                   3,463,669 

Sec. 2.109.  Public safety - administration

                   Personal services                            1,823,435 

                   Operating expenses                           158,768 

                        Total                                         1,982,203 

               Source of funds                                                   

                   General fund                                   1,945,576 

                   Federal funds                                      36,627 

                        Total                                         1,982,203 

Sec. 2.110.  Public safety - state police

                   Personal services                          38,966,689 

                   Operating expenses                        8,200,082 

                   Grants                                               582,087 

                        Total                                       47,748,858 

               Source of funds                                                   

                   General fund                                 12,041,492 

                   Transportation fund                      29,231,384 

                   Special funds                                  2,313,568 

                   Federal funds                                 2,777,985 

                   Interdepartmental transfer               1,384,429 

                        Total                                       47,748,858 

Sec. 2.111.  Public safety - criminal justice services

                   Personal services                            5,708,438 

                   Operating expenses                        3,129,222 

                   Grants                                            3,046,453 

                        Total                                       11,884,113 

               Source of funds                                                   

                   Transportation fund                        4,429,971 

                   Special funds                                  2,152,740 

                   Federal funds                                 4,677,888 

                   Interdepartmental transfer                  623,514 

                        Total                                       11,884,113 

Sec. 2.112.  Public safety - emergency management

                   Personal services                            1,697,752 

                   Operating expenses                        1,244,111 

                   Grants                                               819,400 

                        Total                                         3,761,263 

               Source of funds                                                   

                   Transportation fund                             63,969 

                   Special funds                                     167,471 

                   Federal funds                                 3,529,823 

                        Total                                         3,761,263 

Sec. 2.113.  Public safety - fire safety

                   Personal services                            4,381,112 

                   Operating expenses                        1,588,040 

                   Grants                                                 55,000 

                        Total                                         6,024,152 

               Source of funds                                                   

                   General fund                                      713,269 

                   Special funds                                  4,696,464 

                   Federal funds                                    410,772 

                   Interdepartmental transfer                  203,647 

                        Total                                         6,024,152 

Sec. 2.114.  Public safety - homeland security

                   Personal services                            4,426,136 

                   Operating expenses                        4,998,879 

                   Grants                                            1,050,000 

                        Total                                       10,475,015 

               Source of funds                                                   

                   General fund                                      431,070 

                   Federal funds                               10,043,945 

                        Total                                       10,475,015 

Sec. 2.115.  Public safety - emergency management - radiological emergency response plan

                   Personal services                               766,867 

                   Operating expenses                           233,666 

                   Grants                                               736,703 

                        Total                                         1,737,236 

               Source of funds                                                   

                   Special funds                                  1,737,236 

Sec. 2.116.  Military - administration

                   Personal services                               564,006 

                   Operating expenses                           212,324 

                   Grants                                               200,000 

                        Total                                            976,330 

               Source of funds                                                   

                   General fund                                      976,330 

Sec. 2.117.  Military - air service contract

                   Personal services                            4,544,156 

                   Operating expenses                        1,590,889 

                        Total                                         6,135,045 

               Source of funds                                                   

                   General fund                                      572,037 

                   Federal funds                                 5,563,008 

                        Total                                         6,135,045 

Sec. 2.118.  Military - army service contract

                   Personal services                            3,939,774 

                   Operating expenses                        9,174,120 

                        Total                                       13,113,894 

               Source of funds                                                   

                   General fund                                      107,151 

                   Federal funds                               13,006,743 

                        Total                                       13,113,894 

Sec. 2.119.  Military - building maintenance

                   Personal services                               983,304 

                   Operating expenses                           441,925 

                        Total                                         1,425,229 

               Source of funds                                                   

                   General fund                                   1,425,229 

Sec. 2.120.  Military - veterans' affairs

                   Personal services                               424,833 

                   Operating expenses                           157,886 

                   Grants                                               177,815 

                        Total                                            760,534 

               Source of funds                                                   

                   General fund                                      627,029 

                   Special funds                                       66,000 

                    Federal funds                                      67,505 

                        Total                                            760,534 

Sec. 2.121.  Center for crime victims services

                   Personal services                            1,404,168 

                   Operating expenses                           318,275 

                   Grants                                            9,249,834 

                        Total                                       10,972,277 

               Source of funds                                                   

                   General fund                                        49,809 

                   Special funds                                  7,057,390 

                   Federal funds                                 3,865,078 

                        Total                                       10,972,277 

Sec. 2.122.  Criminal justice training council

                   Personal services                            1,160,173 

                   Operating expenses                        1,049,893 

                        Total                                         2,210,066 

               Source of funds                                                   

                   General fund                                   1,419,664 

                   Special funds                                     532,539 

                   Interdepartmental transfer                  257,863 

                        Total                                         2,210,066 

Sec. 2.123.  Agriculture, food and markets - administration

                   Personal services                               888,375 

                   Operating expenses                           383,721 

                    Grants                                               430,701 

                        Total                                         1,702,797 

               Source of funds                                                   

                   General fund                                   1,120,491 

                   Special funds                                     382,465 

                   Federal funds                                    126,841 

                   Interdepartmental transfer                    73,000 

                        Total                                         1,702,797 

Sec. 2.124.  Agriculture, food and markets - food safety and consumer protection

                   Personal services                            1,963,313 

                   Operating expenses                           357,200 

                        Total                                         2,320,513 

               Source of funds                                                   

                   General fund                                   1,176,490 

                   Special funds                                     647,232 

                   Federal funds                                    489,791 

                   Interdepartmental transfer                      7,000 

                        Total                                         2,320,513 

Sec. 2.125.  Agriculture, food and markets - agricultural development

                   Personal services                               642,276 

                   Operating expenses                           507,350 

                   Grants                                               302,500 

                        Total                                         1,452,126 

               Source of funds                                                   

                   General fund                                      827,765 

                   Special funds                                     380,361 

                   Federal funds                                    244,000 

                        Total                                         1,452,126 

Sec. 2.126.  Agriculture, food and markets - laboratories, agricultural resource management and environmental stewardship

                   Personal services                            3,840,687 

                   Operating expenses                           621,088 

                   Grants                                            5,000,000 

                        Total                                         9,461,775 

               Source of funds                                                   

                   General fund                                   2,624,636 

                   Special funds                                  5,770,556 

                   Federal funds                                    518,329 

                   Interdepartmental transfer                  548,254 

                        Total                                         9,461,775 

Sec. 2.127.  Agriculture, food and markets - state stipend

                   Grants                                               175,000 

               Source of funds                                                   

                   General fund                                      175,000 

Sec. 2.128.  Agriculture, food and markets - mosquito control

                   Personal services                                 20,000 

                   Operating expenses                             60,000 

                        Total                                              80,000 

               Source of funds                                                   

                   Special funds                                       80,000 

Sec. 2.129.  Banking, insurance, securities, and health care administration - administration

                   Personal services                            1,797,764 

                   Operating expenses                             43,195 

                         Total                                         1,840,959 

               Source of funds                                                   

                   Special funds                                  1,840,959 

Sec. 2.130.  Banking, insurance, securities, and health care administration - banking

                   Personal services                            1,099,669 

                   Operating expenses                           271,733 

                        Total                                         1,371,402 

               Source of funds                                                   

                   Special funds                                  1,371,402 

Sec. 2.131.  Banking, insurance, securities, and health care administration - insurance

                   Personal services                            2,809,503 

                   Operating expenses                           532,483 

                        Total                                         3,341,986 

               Source of funds                                                   

                    Special funds                                  3,341,986 

Sec. 2.132.  Banking, insurance, securities, and health care administration - captive

                   Personal services                            3,086,100 

                   Operating expenses                           506,991 

                        Total                                         3,593,091 

               Source of funds                                                   

                   Special funds                                  3,593,091 

Sec. 2.133.  Banking, insurance, securities, and health care administration - securities

                   Personal services                               506,876 

                   Operating expenses                           157,690 

                        Total                                            664,566 

               Source of funds                                                   

                   Special funds                                     664,566 

Sec. 2.134.  Banking, insurance, securities, and health care administration - health care administration

                   Personal services                            4,302,953 

                   Operating expenses                           391,959 

                        Total                                         4,694,912 

               Source of funds                                                   

                   General fund                                      308,251 

                   Special funds                                  2,487,837 

                   Global Commitment fund                1,898,824 

                        Total                                         4,694,912 

Sec. 2.135.  Secretary of state

                   Personal services                            5,122,855 

                   Operating expenses                        2,059,394 

                   Grants                                            1,000,000 

                        Total                                         8,182,249 

               Source of funds                                                   

                   General fund                                   1,765,725 

                   Special funds                                  4,341,524 

                   Federal funds                                 2,000,000 

                   Interdepartmental transfer                    75,000 

                        Total                                         8,182,249 

Sec. 2.136.  Public service - regulation and energy

                   Personal services                            4,981,246 

                   Operating expenses                           690,524 

                   Grants                                            5,770,007 

                        Total                                       11,441,777 

               Source of funds                                                   

                   Special funds                                10,248,977 

                   Federal funds                                 1,157,800 

                   Interdepartmental transfer                    35,000 

                        Total                                       11,441,777 

Sec. 2.137.  Public service - purchase and sale of power

                   Personal services                                 18,484 

                   Operating expenses                               1,516 

                        Total                                              20,000 

               Source of funds                                                   

                   Special funds                                       20,000 

Sec. 2.138.  Public service board

                   Personal services                            2,557,376 

                   Operating expenses                           300,000 

                        Total                                         2,857,376 

               Source of funds                                                   

                   Special funds                                  2,857,376 

Sec. 2.139.  Enhanced 9-1-1 Board

                   Personal services                            1,736,061 

                   Operating expenses                        1,925,191 

                   Grants                                               823,443 

                        Total                                         4,484,695 

               Source of funds                                                   

                   Special funds                                  4,484,695 

Sec. 2.141.  Human rights commission

                   Personal services                               391,204 

                   Operating expenses                             91,961 

                        Total                                            483,165 

               Source of funds                                                   

                   General fund                                      312,426 

                   Federal funds                                    170,739 

                        Total                                            483,165 

Sec. 2.142.  Liquor control - administration

                   Personal services                            1,476,488 

                   Operating expenses                           422,089 

                        Total                                         1,898,577 

               Source of funds                                                   

                   Enterprise funds                              1,694,577 

                   Interdepartmental transfer                  204,000 

                        Total                                         1,898,577 

Sec. 2.143.  Liquor control - enforcement and licensing

                   Personal services                            1,818,624 

                   Operating expenses                           393,848 

                        Total                                         2,212,472 

               Source of funds                                                   

                   Tobacco fund                                    289,645 

                   Enterprise funds                              1,922,827 

                        Total                                         2,212,472 

Sec. 2.144.  Liquor control - warehousing and distribution

                   Personal services                               747,105 

                   Operating expenses                           370,808 

                        Total                                         1,117,913 

               Source of funds                                                   

                   Enterprise funds                              1,117,913 

Sec. 2.145.  Total protection to persons and

property           255,625,660 

               Source of funds                                                   

                   General fund                                 89,359,831 

                   Transportation fund                      33,725,324 

                   Special funds                                66,576,903 

                   Tobacco fund                                    619,645 

                   Global Commitment fund                1,898,824 

                   Federal funds                               49,775,682 

                   Enterprise funds                              4,735,317 

                   Interdepartmental transfer               8,934,134 

                        Total                                     255,625,660 

Sec. 2.201.  Agency of human services - secretary's office

                   Personal services                            6,977,471 

                   Operating expenses                        3,004,134 

                   Grants                                            3,470,153 

                        Total                                       13,451,758  

               Source of funds                                                   

                   General fund                                   4,159,112 

                   Special funds                                         7,517 

                   Tobacco funds                                  397,021 

                   Federal funds                                 5,183,280 

                   Interdepartmental transfer               3,704,828 

                        Total                                       13,451,758 

Sec. 2.202.  Secretary's office - Global Commitment

                   Grants                                        908,979,597 

               Source of funds                                                   

                   General fund                               132,850,095 

                   Special fund                                 16,261,307 

                   Tobacco fund                               39,487,801 

                   State health care resources fund  147,563,246 

                   Catamount fund                              8,186,672 

                   Federal funds                             564,267,822 

                   Interdepartmental transfer                  362,654 

                        Total                                     908,979,597 

Sec. 2.203.  Rate setting

                   Personal services                               776,648 

                   Operating expenses                             76,959 

                        Total                                            853,607 

               Source of funds                                                   

                   Global Commitment funds                  853,607 

Sec. 2.204.  Developmental disabilities council

                   Personal services                               207,538 

                   Operating expenses                             45,452 

                   Grants                                               245,000 

                        Total                                            497,990 

               Source of funds                                                   

                   Federal funds                                    497,990 

Sec. 2.205.  Human services board

                   Personal services                               284,719 

                   Operating expenses                             65,106 

                        Total                                            349,825 

               Source of funds                                                   

                   General fund                                        50,030 

                   Federal funds                                      12,254 

                   Interdepartmental transfer                  287,541 

                        Total                                            349,825 

Sec. 2.206.  Office of Vermont health access - administration

                   Personal services                          32,033,668 

                   Operating expenses                        2,724,407 

                   Grants                                            1,196,000 

                        Total                                       35,954,075 

               Source of funds                                                   

                   General fund                                        75,246 

                   Global Commitment fund              34,428,247 

                   Catamount fund                                 750,582  

                   Federal funds                                    700,000 

                        Total                                       35,954,075 

Sec. 2.207.  Office of Vermont health access - Medicaid program - Global Commitment

                   Grants                                        461,385,056 

               Source of funds                                                   

                   Global Commitment fund            461,385,056 

Sec. 2.208.  Office of Vermont health access - Medicaid program - long-term care waiver

                   Grants                                        194,755,729 

               Source of funds                                                   

                   General fund                                 79,168,224 

                   Federal funds                             115,587,505 

                        Total                                     194,755,729 

Sec. 2.209.  Office of Vermont health access - Medicaid program - state only

                   Grants                                          55,086,870 

               Source of funds                                                   

                   General funds                               35,376,640 

                   Global Commitment fund                1,383,714 

                   Catamount fund                            18,326,516 

                        Total                                       55,086,870 

Sec. 2.210.  Office of Vermont health access - Medicaid non-waiver matched

                   Grants                                          44,448,317 

               Source of funds                                                   

                   General funds                               16,068,046 

                   Federal funds                               28,380,271 

                        Total                                       44,448,317 

Sec. 2.211.  Health - administration and support

                   Personal services                            6,238,145 

                   Operating expenses                        2,582,888 

                   Grants                                                 50,000 

                        Total                                         8,871,033 

               Source of funds                                                   

                   General fund                                      480,283 

                   Special funds                                       24,743 

                   Global Commitment fund                2,250,720 

                   Federal funds                                 6,043,287 

                   Interdepartmental transfer                    72,000 

                        Total                                         8,871,033 

Sec. 2.212.  Health - Blueprint for Health

                   Personal services                            2,588,970 

                   Operating expenses                             63,273 

                   Grants                                            1,721,502 

                        Total                                         4,373,745 

               Source of funds                                                   

                   Global Commitment fund                2,499,162 

                   Catamount fund                              1,846,713 

                   Federal funds                                      27,870 

                        Total                                         4,373,745 

Sec. 2.213.  Health - health protection

                   Personal services                            3,744,590 

                   Operating expenses                           756,614 

                   Grants                                            1,789,500 

                        Total                                         6,290,704 

               Source of funds                                                   

                   General fund                                      476,915 

                   Special funds                                  1,321,929 

                   Global Commitment fund                   154,930 

                   Federal funds                                 3,931,805 

                   Interdepartmental transfer                  405,125 

                        Total                                         6,290,704 

Sec. 2.214.  Health - health surveillance

                   Personal services                            9,850,677 

                   Operating expenses                        2,514,540 

                   Grants                                            2,524,499 

                        Total                                       14,889,716 

               Source of funds                                                   

                   General fund                                   2,366,707 

                   Special funds                                  1,315,130 

                   Global Commitment fund                2,195,643 

                   Federal funds                                 8,937,692 

                   Permanent trust funds                          10,000 

                   Interdepartmental transfer                    64,544 

                        Total                                       14,889,716 

Sec. 2.215.  Health - health improvement

                   Personal services                            8,166,759 

                   Operating expenses                        1,037,591 

                   Grants                                          12,032,405 

                        Total                                       21,236,755 

               Source of funds                                                   

                   General fund                                   1,553,652 

                   Special funds                                     735,627 

                   Tobacco funds                               2,780,225 

                   Global Commitment fund                8,075,844 

                   Federal funds                                 8,084,407 

                   Interdepartmental transfer                      7,000 

                        Total                                       21,236,755 

Sec. 2.216.  Health -  community public health

                   Personal services                          11,656,786 

                   Operating expenses                        2,546,371 

                   Grants                                          19,527,841 

                        Total                                       33,730,998 

               Source of funds                                                   

                   General fund                                      864,574 

                   Special funds                                     232,856 

                   Global Commitment fund              13,570,032 

                   Catamount fund                              3,250,000 

                   Federal funds                               15,698,074 

                   Interdepartmental transfer                  115,462 

                        Total                                       33,730,998 

Sec. 2.217.  Health -  alcohol and drug abuse programs

                   Personal services                            3,372,335 

                   Operating expenses                           811,106 

                   Grants                                          27,535,537 

                        Total                                       31,718,978 

               Source of funds                                                   

                   General fund                                   3,463,874 

                   Special funds                                     236,210 

                   Tobacco funds                               2,382,834 

                   Global Commitment fund              16,797,849 

                   Federal funds                                 8,688,211 

                   Interdepartmental transfer                  150,000 

                        Total                                       31,718,978 

Sec. 2.218.  Health - medical practice board

                   Personal services                               625,532 

                   Operating expenses                           407,785 

                        Total                                         1,033,317 

               Source of funds                                                   

                   Special funds                                     910,064 

                    Global Commitment fund                   123,253 

                        Total                                         1,033,317 

Sec. 2.219.  Mental health - mental health

                   Personal services                            4,963,769 

                   Operating expenses                           614,618 

                   Grants                                        132,073,344 

                        Total                                     137,651,731 

               Source of funds                                                   

                   General fund                                      703,540 

                   Global Commitment fund            132,849,352 

                   Federal funds                                 4,078,839 

                   Interdepartmental transfer                    20,000 

                        Total                                     137,651,731 

Sec. 2.220.  Mental health - Vermont state hospital

                   Personal services                          19,922,915 

                   Operating expenses                        1,821,721 

                   Grants                                                   3,000 

                        Total                                       21,747,636 

               Source of funds                                                   

                   General fund                                 14,227,636 

                   Special funds                                     170,000 

                   Global Commitment fund                7,000,000 

                   Federal funds                                      50,000 

                   Interdepartmental transfer                  300,000 

                        Total                                       21,747,636 

Sec. 2.221.  Department for children and families - administration & support services

                   Personal services                          33,227,280 

                   Operating expenses                        6,655,247 

                   Grants                                            1,300,215 

                        Total                                       41,182,742 

               Source of funds                                                   

                   General fund                                 12,272,107 

                   Global Commitment fund              14,698,891 

                   Catamount fund                                 560,036 

                   Federal funds                               13,651,708 

                        Total                                       41,182,742 

Sec. 2.222.  Department for children and families - family services

                   Personal services                          21,476,718 

                   Operating expenses                        3,330,327 

                   Grants                                          64,337,283 

                        Total                                       89,144,328 

               Source of funds                                                   

                   General fund                                 17,308,746 

                   Special funds                                  1,938,367 

                   Tobacco funds                                  275,000 

                   Global Commitment fund              43,690,692 

                   Federal funds                               25,669,650 

                   Interdepartmental transfer                  261,873 

                        Total                                       89,144,328 

Sec. 2.223.  Department for children and families - child development

                   Personal services                            3,338,891 

                   Operating expenses                           843,660 

                   Grants                                          50,802,583 

                        Total                                       54,985,134 

               Source of funds                                                   

                   General fund                                 22,966,747 

                   Special funds                                     865,000 

                   Global Commitment fund                4,289,469 

                   Federal funds                               26,724,411 

                   Interdepartmental transfer                  139,507 

                        Total                                       54,985,134 

Sec. 2.224.  Department for children and families - office of child support

                   Personal services                            8,768,046 

                   Operating expenses                        3,890,320 

                        Total                                       12,658,366 

               Source of funds                                                   

                   General fund                                   2,690,872 

                   Special funds                                     455,718 

                   Federal  funds                                9,124,176 

                   Interdepartmental transfer                  387,600 

                        Total                                       12,658,366 

Sec. 2.225.  Department for children and families - aid to aged, blind and disabled

                   Personal services                            1,801,009 

                   Grants                                            9,989,580 

                        Total                                       11,790,589  

               Source of funds                                                   

                   General fund                                   8,040,589 

                   Global Commitment fund                3,750,000 

                        Total                                       11,790,589 

Sec. 2.226.  Department for children and families - general assistance

                   Grants                                            4,401,516 

               Source of funds                                                   

                   General fund                                   2,950,196 

                   Global Commitment fund                   340,000 

                   Federal funds                                 1,111,320 

                        Total                                         4,401,516 

Sec. 2.227.  Department for children and families - food stamp cash out

                   Grants                                          10,710,133 

               Source of funds                                                   

                   Federal funds                               10,710,133 

Sec. 2.228.  Department for children and families - reach up

                   Grants                                          40,298,530 

               Source of funds                                                   

                   General fund                                 13,815,723 

                   Special funds                                18,200,000 

                   Federal funds                                 8,282,807 

                        Total                                       40,298,530 

Sec. 2.229.  Department for children and families - home heating fuel assistance/LIHEAP

                   Personal services                                 20,000 

                   Operating expenses                             90,000 

                   Grants                                          11,502,664 

                        Total                                       11,612,664 

               Source of funds                                                   

                   Federal funds                               11,612,664 

Sec. 2.230.  Department for children and families - office of economic opportunity

                   Personal services                               235,441 

                   Operating expenses                             81,555 

                   Grants                                            4,952,562 

                        Total                                         5,269,558 

               Source of funds                                                   

                   General fund                                   1,372,103 

                   Special funds                                       57,340 

                   Federal funds                                 3,797,615 

                   Interdepartmental transfer                    42,500 

                        Total                                         5,269,558 

Sec. 2.231.  Department for children and families - OEO - weatherization assistance

                   Personal services                               164,613 

                   Operating expenses                           133,014 

                   Grants                                            8,235,000 

                        Total                                         8,532,627 

               Source of funds                                                   

                   Special funds                                  7,386,609 

                   Federal funds                                 1,146,018 

                        Total                                         8,532,627 

Sec. 2.232.  Department for children and families - Woodside rehabilitation center

                   Personal services                            2,899,574 

                   Operating expenses                           649,151 

                        Total                                         3,548,725 

               Source of funds                                                   

                   General fund                                   3,493,833 

                   Interdepartmental transfer                    54,892 

                        Total                                         3,548,725 

Sec. 2.233.  Department for children and families - disability determination services

                   Personal services                            3,330,894 

                   Operating expenses                           573,898 

                        Total                                         3,904,792 

               Source of funds                                                   

                   Global Commitment funds                  246,517 

                   Federal funds                                 3,658,275 

                        Total                                         3,904,792 

Sec. 2.234.  Department for children and families - children’s trust fund

                   Grants                                               345,891 

               Source of funds                                                   

                   General fund                                      100,651 

                   Special funds                                       75,000 

                   Federal funds                                    170,240 

                        Total                                            345,891 

Sec. 2.235.  Disabilities, aging and independent living - administration & support

                   Personal services                          24,187,650 

                   Operating expenses                        3,732,463 

                        Total                                       27,920,113 

               Source of funds                                                   

                   General fund                                   6,709,033 

                   Special Funds                                    941,685 

                   Global Commitment fund                6,254,872 

                   Federal funds                               11,524,001 

                   Interdepartmental transfer               2,490,522 

                        Total                                       27,920,113 

Sec. 2.236.  Disabilities, aging and independent living - advocacy and independent living

                   Grants                                          21,455,103 

               Source of funds                                                   

                   General fund                                 10,006,493 

                   Global Commitment fund                3,355,319 

                   Federal funds                                 7,655,791 

                   Interdepartmental transfer                  437,500 

                        Total                                       21,455,103 

Sec. 2.237.  Disabilities, aging and independent living - blind and visually impaired

                   Grants                                            1,486,457 

               Source of funds                                                   

                    General fund                                      364,064 

                   Special funds                                     223,450 

                   Global Commitment fund                   250,000 

                   Federal funds                                    648,943 

                        Total                                         1,486,457 

Sec. 2.238.  Disabilities, aging and independent living - vocational rehabilitation

                   Grants                                            5,921,471 

               Source of funds                                                   

                   General fund                                   1,495,695 

                   Federal funds                                 4,132,389 

                   Interdepartmental transfer                  293,387 

                        Total                                         5,921,471 

Sec. 2.239.  Disabilities, aging and independent living - developmental services

                   Grants                                        138,705,970 

               Source of funds                                                   

                   General fund                                      185,693 

                   Special funds                                     185,463 

                   Global Commitment fund            137,964,074 

                   Federal funds                                    370,740 

                        Total                                     138,705,970 

Sec. 2.240.  Disabilities, aging and independent living - TBI home and community based waiver

                   Grants                                            4,127,448 

               Source of funds                                                   

                   Global Commitment fund                4,127,448 

Sec. 2.241.  Corrections - administration

                   Personal services                            2,022,147 

                   Operating expenses                           315,394 

                        Total                                         2,337,541 

               Source of funds                                                   

                    General fund                                   2,337,541 

Sec. 2.242.  Corrections - parole board

                   Personal services                               317,373 

                   Operating expenses                             62,076 

                        Total                                            379,449 

               Source of funds                                                   

                   General fund                                      379,449 

Sec. 2.243.  Corrections - correctional education

                   Personal services                            4,032,390 

                   Operating expenses                           342,079 

                        Total                                         4,374,469 

               Source of funds                                                   

                   General fund                                   3,476,001 

                   Special funds                                     500,000 

                   Interdepartmental transfer                  398,468 

                        Total                                         4,374,469 

Sec. 2.244.  Corrections - correctional services

                   Personal services                          77,382,681 

                   Operating expenses                      32,273,859 

                   Grants                                            1,605,800 

                        Total                                     111,262,340 

               Source of funds                                                   

                   General fund                               106,730,826 

                   Special funds                                     683,963 

                   Tobacco fund                                      87,500 

                   Global Commitment fund                3,094,144 

                   Federal funds                                    584,861 

                   Interdepartmental transfer                    81,046 

                        Total                                     111,262,340

Sec. 2.245.  Corrections - correctional services - out-of-state beds

                   Operating expenses                      12,158,493 

               Source of funds                                                   

                   General fund                                 12,158,493

Sec. 2.246.  Corrections - correctional facilities- recreation

                   Personal services                               603,012 

                   Operating expenses                           523,986 

                        Total                                         1,126,998 

               Source of funds                                                   

                   General fund                                      125,000 

                   Special funds                                  1,001,998 

                        Total                                         1,126,998 

Sec. 2.247.  Corrections - Vermont offender work program

                   Personal services                            1,372,913 

                   Operating expenses                        1,909,635 

                        Total                                         3,282,548 

               Source of funds                                                   

                   Internal service funds                      3,282,548 

Sec. 2.248.  Vermont veterans' home - care and support services

                   Personal services                          14,202,744 

                   Operating expenses                        3,294,580 

                        Total                                       17,497,324 

               Source of funds                                                   

                   Special funds                                10,675,489 

                   Global Commitment fund                   881,289 

                   Federal funds                                 5,940,546 

                        Total                                       17,497,324 

Sec. 2.249.  Commission on women

                   Personal services                               218,912 

                   Operating expenses                             61,626 

                        Total                                            280,538 

               Source of funds                                                   

                   General fund                                      275,538 

                   Special funds                                         5,000 

                        Total                                            280,538 

Sec. 2.250.  Retired senior volunteer program

                   Grants                                               131,096 

               Source of funds                                                   

                   General fund                                      131,096 

Sec. 2.251.  Total human services               2,649,920,390

               Source of funds                                                   

                   General fund                               521,301,063

                   Special funds                                64,410,465

                   Tobacco fund                               45,410,381

                   Global Commitment fund            906,510,124

                   State health care resources fund  147,563,246

                   Catamount fund                            34,670,519

                   Federal funds                             916,685,595

                   Permanent trust funds                          10,000

                   Internal service funds                      3,282,548

                   Interdepartmental transfer             10,076,449

                        Total                                  2,649,920,390 

Sec. 2.301.  Labor - administration

                   Personal services                            2,460,451 

                   Operating expenses                           740,738 

                        Total                                         3,201,189 

               Source of funds                                                   

                   General fund                                      207,148 

                   Special funds                                     313,558 

                   Catamount fund                                   78,814 

                   Federal funds                                 2,304,580 

                   Interdepartmental transfer                  297,089 

                        Total                                         3,201,189 

Sec. 2.302.  Labor - programs

                   Personal services                          19,338,810 

                   Operating expenses                        4,800,562 

                   Grants                                            1,665,000 

                        Total                                       25,804,372 

               Source of funds                                                   

                   General fund                                   2,100,525 

                   Special funds                                  2,972,550 

                   Catamount fund                                 315,258 

                   Federal funds                               18,309,290 

                   Interdepartmental transfer               2,106,749 

                        Total                                       25,804,372 

Sec. 2.303.  Labor - domestic and sexual violence survivors' transitional employment program

                   Grants                                                 15,000 

               Source of funds                                                   

                   Special fund                                         15,000 

Sec. 2.304.  Total labor                                   29,020,561 

               Source of funds                                                   

                   General fund                                   2,307,673 

                   Special funds                                  3,301,108 

                   Catamount fund                                 394,072 

                   Federal funds                               20,613,870 

                   Interdepartmental transfer               2,403,838 

                        Total                                       29,020,561 

Sec. 2.305.  Education - finance and administration

                   Personal services                            5,161,711 

                   Operating expenses                        1,713,880 

                   Grants                                          10,757,117 

                        Total                                       17,632,708 

               Source of funds                                                   

                   General fund                                   3,506,583 

                   Special funds                                11,383,118 

                   Global Commitment fund                   845,143 

                   Federal funds                                 1,890,747 

                   Interdepartmental transfer                      7,117 

                        Total                                       17,632,708 

Sec. 2.306.  Education - education services

                   Personal services                          12,608,878 

                   Operating expenses                        1,889,869 

                   Grants                                        111,549,873 

                        Total                                     126,048,620 

               Source of funds                                                   

                   General fund                                   7,766,318 

                   Transportation fund                           127,483 

                   Special funds                                  1,985,599 

                   Federal funds                             116,144,125 

                   Interdepartmental transfer                    25,095 

                        Total                                     126,048,620 

Sec. 2.307.  Education - special education: formula grants

                   Grants                                        142,687,975 

               Source of funds                                                   

                   Education fund                           142,457,975 

                   Global Commitment fund                   230,000 

                        Total                                     142,687,975 

Sec. 2.308   Education - state-placed students

                   Grants                                          15,767,500 

               Source of funds                                                   

                   Education fund                             15,767,500 

Sec. 2.309.  Education - adult education and literacy

                   Grants                                            5,315,885 

               Source of funds                                                   

                   General fund                                   2,690,224 

                   Education fund                               1,750,000 

                   Federal funds                                    875,661 

                        Total                                         5,315,885 

Sec. 2.310.  Education - adjusted education payment

                   Grants                                     1,115,355,604 

               Source of funds                                                   

                   Education fund                        1,115,355,604 

Sec. 2.311.  Education - transportation

                   Grants                                          15,002,711 

               Source of funds                                                   

                   Education fund                             15,002,711 

Sec. 2.312.  Education - small school grants

                   Grants                                            6,565,714 

               Source of funds                                                   

                   Education fund                               6,565,714 

Sec. 2.313.  Education - capital debt service aid

                   Grants                                               218,540 

               Source of funds                                                   

                   Education fund                                  218,540 

Sec. 2.314.  Education - tobacco litigation

                   Personal services                               142,152 

                   Operating expenses                             18,114 

                   Grants                                               835,402 

                        Total                                            995,668 

               Source of funds                                                   

                   Tobacco fund                                    995,668 

Sec. 2.315.  Education - essential early education grant

                   Grants                                            5,517,841 

               Source of funds                                                   

                   Education fund                               5,517,841 

Sec. 2.316.  Education - technical education

                   Grants                                          12,411,841 

               Source of funds                                                   

                   Education fund                             12,411,841 

Sec. 2.317.  Education - Act 117 cost containment

                   Personal services                            1,118,415 

                   Operating expenses                           121,307 

                   Grants                                                 91,000 

                        Total                                         1,330,722 

               Source of funds                                                   

                   Special funds                                  1,330,722 

Sec. 2.318.  Appropriation and transfer to education fund

                   General fund                               291,127,800 

Sec. 2.319.  State teachers' retirement system

                   Personal services                          24,127,088 

                   Operating expenses                           891,713 

                   Grants                                          34,349,097 

                        Total                                       59,367,898 

               Source of funds                                                   

                   General fund                                 34,349,097 

                   Pension trust funds                        25,018,801 

                        Total                                       59,367,898 

Sec. 2.320.  Total general education            1,815,347,027 

               Source of funds                                                   

                   General fund                               339,440,022 

                   Transportation fund                           127,483 

                   Education fund                        1,315,047,726 

                   Special funds                                14,699,439 

                   Tobacco fund                                    995,668 

                   Global Commitment fund                1,075,143 

                   Federal funds                             118,910,533 

                   Pension trust funds                        25,018,801 

                   Interdepartmental transfer                    32,212 

                        Total                                  1,815,347,027 

Sec. 2.321.  University of Vermont

                   Grants                                          43,328,640 

               Source of funds                                                   

                   General fund                                 39,322,484 

                   Global commitment fund                 4,006,156 

                        Total                                       43,328,640 

Sec. 2.322.  University of Vermont- Morgan Horse Farm

                   Grants                                                   5,638 

               Source of Funds                                                  

                   General fund                                          5,638 

Sec. 2.323.  Vermont public television

                   Grants                                               645,737 

               Source of funds                                                   

                   General fund                                      645,737 

Sec. 2.324.  Vermont state colleges

                   Grants                                          24,850,419 

               Source of funds                                                   

                   General fund                                 24,850,419 

Sec. 2.325.  Vermont state colleges - allied health

                   Grants                                            1,096,168 

               Source of funds                                                   

                   General fund                                      690,761 

                   Global Commitment fund                   405,407 

                        Total                                         1,096,168 

Sec. 2.326   Vermont interactive television

                   Grants                                               879,617 

               Source of funds                                                   

                   General fund                                      879,617 

Sec. 2.327.  Vermont student assistance corporation

                   Grants                                          19,632,602 

               Source of funds                                                   

                   General fund                                 19,632,602 

Sec. 2.328.  New England higher education compact

                   Grants                                                 84,000 

               Source of funds                                                   

                   General fund                                        84,000 

Sec. 2.329.  Total higher education and other 90,522,821 

               Source of funds                                                   

                   General fund                                 86,111,258 

                   Global Commitment fund                4,411,563 

                        Total                                       90,522,821 

Sec. 2.401.  Agency of natural resources - administration

                   Personal services                            4,952,784 

                   Operating expenses                        1,699,422 

                        Total                                         6,652,206 

               Source of funds                                                   

                   General fund                                   4,983,666 

                   Special funds                                  1,118,202 

                   Federal funds                                    363,372 

                   Interdepartmental transfer                  186,966 

                        Total                                         6,652,206 

Sec. 2.402.  Connecticut river watershed advisory commission

                   Grants                                                 60,000 

               Source of funds                                                   

                   General fund                                        60,000 

Sec. 2.403.  Citizens' advisory committee on Lake Champlain's future

                   Personal services                                   3,600 

                   Operating expenses                               3,900 

                        Total                                                7,500 

               Source of funds                                                   

                   General fund                                          7,500 

Sec. 2.404.  Natural resources - state land local property tax assessment

                   Operating expenses                        2,008,000 

               Source of funds                                                   

                   General fund                                   1,746,500 

                   Interdepartmental transfer                  261,500 

                        Total                                         2,008,000 

Sec. 2.405.  Green up

                   Operating expenses                               5,550 

                   Grants                                                 10,550 

                        Total                                              16,100 

               Source of funds                                                   

                   General fund                                          5,550 

                   Special funds                                       10,550 

                        Total                                              16,100 

Sec. 2.406.  Fish and wildlife - support and field services

                    Personal services                          12,028,245 

                   Operating expenses                        4,510,355 

                   Grants                                               800,000 

                        Total                                       17,338,600 

               Source of funds                                                   

 General fund                                                      1,855,348 

                   Fish and wildlife fund                    15,246,252 

                   Interdepartmental transfer                  237,000 

                        Total                                       17,338,600 

Sec. 2.407.  Fish and wildlife - watershed improvement

                   Grants                                               100,000 

               Source of funds                                                   

                   Fish and wildlife fund                         100,000 

Sec. 2.408.  Forests, parks and recreation - administration

                   Personal services                            1,065,106 

                   Operating expenses                           549,346 

                   Grants                                            1,861,600 

                        Total                                         3,476,052 

               Source of funds                                                   

                   General fund                                   1,165,052 

                   Special funds                                  1,406,000 

                   Federal funds                                    905,000 

                        Total                                         3,476,052 

Sec. 2.409.  Forests, parks and recreation - forestry

                   Personal services                            4,657,620 

                   Operating expenses                           593,488 

                   Grants                                               393,000 

                        Total                                         5,644,108 

               Source of funds                                                   

                   General fund                                   4,017,108 

                   Special funds                                     360,000 

                   Federal funds                                 1,240,000 

                   Interdepartmental transfer                    27,000 

                        Total                                         5,644,108 

Sec. 2.410.  Forests, parks and recreation - state parks

                   Personal services                            5,412,517 

                   Operating expenses                        2,259,558 

                   Grants                                                   7,000 

                        Total                                         7,679,075 

               Source of funds                                                   

                   General fund                                   1,319,181 

                   Special funds                                  6,359,894 

                        Total                                         7,679,075 

Sec. 2.411.  Forests, parks and recreation - lands administration

                   Personal services                               437,682 

                   Operating expenses                        1,221,534 

                        Total                                         1,659,216 

               Source of funds                                                   

                   General fund                                      429,216 

                   Special fund                                      145,000 

                   Federal funds                                 1,050,000 

                   Interdepartmental transfer                    35,000 

                        Total                                         1,659,216 

Sec. 2.412.  Forests, parks and recreation - youth conservation corps

                   Personal services                               304,459 

                   Operating expenses                               9,593 

                   Grants                                               450,000 

                        Total                                            764,052 

               Source of funds                                                   

                   General fund                                        50,000 

                   Special funds                                     370,052 

                   Federal funds                                      94,000 

                   Interdepartmental transfer                  250,000 

                        Total                                            764,052 

Sec. 2.413.  Forests, parks and recreation - forest highway maintenance

                   Personal services                               222,978 

                   Operating expenses                           101,000 

                        Total                                            323,978 

               Source of funds                                                   

                   General fund                                      323,978 

Sec. 2.414.  Environmental conservation - management and support services

                   Personal services                            3,049,394 

                   Operating expenses                           843,239 

                   Grants                                                 81,524 

                        Total                                         3,974,157 

               Source of funds                                                   

                   General fund                                   1,008,234 

                   Special funds                                     922,426 

                   Federal funds                                 1,132,701 

                   Interdepartmental transfer                  910,796 

                        Total                                         3,974,157 

Sec. 2.415.  Environmental conservation - air and waste management

                   Personal services                            7,760,975 

                   Operating expenses                        6,181,405 

                   Grants                                            1,411,000 

                        Total                                       15,353,380 

               Source of funds                                                   

                   General fund                                      949,699 

                   Special funds                                11,121,126 

                   Federal funds                                 3,108,570 

                   Interdepartmental transfer                  173,985 

                        Total                                       15,353,380 

Sec. 2.416.  Environmental conservation - office of water programs

                   Personal services                          14,086,391 

                   Operating expenses                        2,248,955 

                   Grants                                            2,154,666 

                        Total                                       18,490,012 

               Source of funds                                                   

                   General fund                                   7,105,906 

                   Special funds                                  4,437,205 

                   Federal funds                                 6,481,901 

                   Interdepartmental transfer                  465,000 

                        Total                                       18,490,012 

Sec. 2.417.  Environmental conservation - tax loss Connecticut river flood control

                   Operating expenses                             40,000 

               Source of funds                                                   

                   Special funds                                       40,000 

Sec. 2.418.  Natural resources board 

                   Personal services                            2,465,153 

                   Operating expenses                           345,108 

                        Total                                         2,810,261 

               Source of funds                                                   

                   General fund                                      965,755 

                   Special funds                                  1,844,506 

                        Total                                         2,810,261 

Sec. 2.419.  Total natural resources                  86,396,697 

               Source of funds                                                   

                   General fund                                 25,992,693 

                   Fish and wildlife fund                    15,346,252 

                   Special funds                                28,134,961 

                   Federal funds                               14,375,544 

                   Interdepartmental transfer               2,547,247 

                        Total                                       86,396,697 

Sec. 2.501.  Agency of commerce and community development - administration

                   Personal services                            2,026,671 

                   Operating expenses                           639,041 

                   Grants                                            1,096,200 

                        Total                                         3,761,912 

               Source of funds                                                   

                   General fund                                   2,861,912 

                   Federal funds                                    800,000 

                   Interdepartmental transfer                  100,000 

                        Total                                         3,761,912 

Sec. 2.502.  Housing and community affairs

                   Personal services                            2,302,051 

                   Operating expenses                           381,619 

                   Grants                                            4,418,864 

                        Total                                         7,102,534 

               Source of funds                                                   

                   General fund                                   1,393,684 

                   Special funds                                  4,021,100 

                   Federal funds                                 1,687,750 

                        Total                                         7,102,534 

Sec. 2.503.  Historic sites - operations

                   Personal services                               610,229 

                   Operating expenses                           298,325 

                   Grants                                                   3,000 

                        Total                                            911,554 

               Source of funds                                                   

                   General fund                                      541,902 

                   Special funds                                     369,652 

                        Total                                            911,554 

Sec. 2.504.  Historic sites - special improvements

                   Personal services                               304,537 

                   Operating expenses                           153,242 

                        Total                                            457,779 

               Source of funds                                                   

                   Special funds                                       50,000 

                   Federal funds                                    283,068 

                   Interdepartmental transfer                  124,711 

                        Total                                            457,779 

Sec. 2.505.  Community development block grants

                   Grants                                            7,446,530 

               Source of funds                                                   

                   Federal funds                                 7,446,530 

Sec. 2.506.  Downtown transportation and capital improvement fund

                   Personal services                                 70,035 

                   Grants                                               329,965 

                        Total                                            400,000 

               Source of funds                                                   

                   Special funds                                     400,000 

Sec. 2.507.  Economic development

                   Personal services                            1,924,000 

                   Operating expenses                           706,925 

                   Grants                                            1,678,979 

                        Total                                         4,309,904 

               Source of funds                                                   

                   General fund                                   3,514,554 

                   Special funds                                     475,350 

                   Federal funds                                    300,000 

                   Interdepartmental transfer                    20,000 

                        Total                                         4,309,904 

Sec. 2.508.  Vermont training program

                   Personal services                               125,474 

                   Operating expenses                             33,754 

                   Grants                                            1,483,621 

                        Total                                         1,642,849 

               Source of funds                                                   

                   General fund                                   1,607,849 

                   Special funds                                       35,000 

                        Total                                         1,642,849 

Sec. 2.509.  Tourism and marketing

                   Personal services                            1,670,581 

                   Operating expenses                        2,069,778 

                   Grants                                               367,000 

                        Total                                         4,107,359 

               Source of funds                                                   

                   General fund                                   4,101,359 

                   Special funds                                         6,000 

                        Total                                         4,107,359 

Sec. 2.510.  Vermont life

                    Personal services                               667,074 

                   Operating expenses                           100,900 

                        Total                                            767,974 

               Source of funds                                                   

                   Enterprise funds                                 767,974 

Sec. 2.511.  Vermont council on the arts

                   Grants                                               559,258 

               Source of funds                                                   

                   General fund                                      559,258 

Sec. 2.512.  Vermont symphony orchestra

                   Grants                                               125,402 

               Source of funds                                                   

                   General fund                                      125,402 

Sec. 2.513.  Vermont historical society

                   Grants                                               849,050 

               Source of funds                                                   

                   General fund                                      849,050 

Sec. 2.514.  Vermont housing and conservation board

                   Grants                                          26,350,369 

               Source of funds                                                   

                   Special funds                                14,368,258 

                   Federal funds                               11,982,111 

                        Total                                       26,350,369 

Sec. 2.515.  Vermont humanities council

                   Grants                                               190,239 

               Source of funds                                                   

                   General fund                                      190,239 

Sec. 2.516.  Total commerce and community

development                                                     58,982,713 

               Source of funds                                                   

                   General fund                                 15,745,209 

                   Special funds                                19,725,360 

                   Federal funds                               22,499,459 

                   Enterprise funds                                 767,974 

                   Interdepartmental transfer                  244,711 

                        Total                                       58,982,713 

Sec. 2.601.  Transportation - finance and administration

                   Personal services                            9,314,503 

                   Operating expenses                        2,560,917 

                        Total                                       11,875,420 

               Source of funds                                                   

                   Transportation fund                      11,375,420 

                   Federal funds                                    500,000 

                        Total                                       11,875,420 

Sec. 2.602.  Transportation - aviation 

                   Personal services                            1,928,595 

                   Operating expenses                        7,286,829 

                   Grants                                               160,000 

                        Total                                         9,375,424 

               Source of funds                                                   

                   Transportation fund                        2,157,424 

                   Federal funds                                 7,218,000 

                        Total                                         9,375,424 

Sec. 2.603.  Transportation - buildings

                   Personal services                                 72,000 

                   Operating expenses                        1,574,000 

                        Total                                         1,646,000 

               Source of funds                                                   

                   Transportation fund                        1,646,000 

Sec. 2.604.  Transportation - program development

                   Personal services                          35,192,941 

                   Operating expenses                    115,568,871 

                   Grants                                          23,370,050 

                        Total                                     174,131,862 

               Source of funds                                                   

                   Transportation fund                      29,981,041 

                   Local match                                   1,476,992 

                   Federal funds                             133,562,579 

                   Interdepartmental transfer               3,911,250 

                   General obligation bond fund          5,200,000 

                        Total                                     174,131,862 

Sec. 2.605.  Transportation - rest areas

                   Personal services                               100,000 

                   Operating expenses                        3,850,000 

                        Total                                         3,950,000 

               Source of funds                                                   

                   Transportation fund                           417,300 

                   Federal funds                                 3,532,700 

                        Total                                         3,950,000 

Sec. 2.606.  Transportation - maintenance state system

                   Personal services                          32,012,562 

                    Operating expenses                      31,686,242 

                   Grants                                               316,020 

                        Total                                       64,014,824 

               Source of funds                                                   

                   Transportation fund                      60,305,808 

                   Federal funds                                 3,609,016 

                   Interdepartmental transfer                  100,000 

                        Total                                       64,014,824 

Sec. 2.607.  Transportation - policy and planning

                   Personal services                            4,383,915 

                   Operating expenses                        1,234,291 

                   Grants                                            5,404,744 

                        Total                                       11,022,950 

               Source of funds                                                   

                   Transportation fund                        1,983,875 

                   Federal funds                                 8,639,075 

                   Interdepartmental transfer                  400,000 

                        Total                                       11,022,950 

Sec. 2.608.  Transportation - rail 

                   Personal services                            7,574,901 

                   Operating expenses                        9,270,000 

                        Total                                       16,844,901 

               Source of funds                                                   

                   Transportation fund                        8,588,901 

                    Federal funds                                 8,256,000 

                        Total                                       16,844,901 

Sec. 2.609.  Transportation - bridge maintenance

                   Operating expenses                      12,448,348 

               Source of funds                                                   

                   Transportation fund                        3,008,456 

                   Federal funds                                 9,439,892 

                        Total                                       12,448,348 

Sec. 2.610.  Transportation - public transit

                   Personal services                               646,295 

                   Operating expenses                             58,784 

                   Grants                                          18,964,142 

                        Total                                       19,669,221 

               Source of funds                                                   

                   Transportation fund                        6,627,897 

                   Federal funds                               13,041,324 

                        Total                                       19,669,221 

Sec. 2.611.  Transportation - central garage

                   Personal services                            3,305,508 

                   Operating expenses                      11,865,266 

                        Total                                       15,170,774 

               Source of funds                                                   

                   Internal service funds                    15,170,774 

Sec. 2.612.  Department of motor vehicles

                   Personal services                          17,549,186 

                   Operating expenses                        8,037,725 

                   Grants                                               339,000 

                        Total                                       25,925,911 

               Source of funds                                                   

                   Transportation fund                      23,854,657 

                   Federal funds                                 2,071,254 

                        Total                                       25,925,911 

Sec. 2.613.  Transportation - town highway structures

                   Grants                                            3,494,500 

               Source of funds                                                   

                   Transportation fund                        3,494,500 

Sec. 2.614.  Transportation - town highway Vermont local roads 

                   Grants                                               375,000 

               Source of funds                                                   

                   Transportation fund                           235,000 

                   Federal funds                                    140,000 

                        Total                                            375,000 

Sec. 2.615.  Transportation - town highway class 2 roadway

                   Grants                                            5,748,750 

               Source of funds                                                   

                   Transportation fund                        5,748,750 

Sec. 2.616.  Transportation - town highway bridges

                   Personal services                            3,650,000 

                   Operating expenses                      13,570,089 

                   Grants                                               382,200 

                        Total                                       17,602,289 

               Source of funds                                                   

                   Transportation fund                        2,465,134 

                   Local match                                   1,076,319 

                   Federal funds                               14,060,836 

                        Total                                       17,602,289 

Sec. 2.617.  Transportation - town highway aid program

                   Grants                                          24,982,744 

               Source of funds                                                   

                   Transportation fund                      24,982,744 

Sec. 2.618.  Transportation - town highway class 1 supplemental grants

                   Grants                                               128,750 

               Source of funds                                                   

                   Transportation fund                           128,750 

Sec. 2.618.1. Transportation - town highway emergency fund

                   Grants                                               312,860 

               Source of funds                                                   

                   Transportation fund                           312,860 

Sec. 2.619.  Transportation - municipal mitigation grant program

                   Grants                                            2,112,998 

               Source of funds                                                   

                   Transportation fund                           247,998 

                   Federal funds                                 1,865,000 

                        Total                                         2,112,998 

Sec. 2.620.  Transportation - public assistance grant program

                   Grants                                               200,000 

               Source of funds                                                   

                   Federal funds                                    200,000 

Sec. 2.621.  Transportation board

                   Personal services                                 78,185 

                   Operating expenses                             11,806 

                        Total                                              89,991 

               Source of funds                                                   

                   Transportation fund                             89,991 

Sec. 2.622.  Total transportation                    421,123,517 

               Source of funds                                                   

                   Transportation fund                    187,652,506 

                   Local match                                   2,553,311 

                   Federal funds                             206,135,676 

                   Internal service funds                    15,170,774 

                   Interdepartmental transfer               4,411,250 

                   General obligation bond fund          5,200,000 

                        Total                                     421,123,517 

Sec. 2.701.  Debt service

                   Debt service                                 71,459,051 

               Source of funds                                                   

                   General fund                                 67,048,726 

                   Transportation fund                        1,914,650 

                   Special funds                                  2,495,675 

                        Total                                       71,459,051 

Sec. 2.702.  Total debt service                         71,459,051 

               Source of funds                                                   

                   General fund                                 67,048,726 

                   Transportation fund                        1,914,650 

                   Special funds                                  2,495,675 

                        Total                                       71,459,051 

Sec. 2.801.  FISCAL YEAR 2009 NEXT GENERATION APPROPRIATIONS

(a)  In fiscal year 2009, the following amounts are appropriated from special funds:

(1)  from the next generation initiative fund, created in 16 V.S.A. 2887:                                                                               7,000,000 

Sec. 2.802.  FISCAL YEAR 2009 ONE-TIME APPROPRIATIONS

(a) In fiscal year 2009, the following amounts are appropriated from the general fund:

(1) to the legislature, for planning and preparation for the 2009 council of state governments northeast regional meeting in Vermont:       100,000  

(2)  to the department of tourism and marketing, for the Vermont Quadricentennial:                      50,000

(3)  to the department of economic development, for regional development corporations:             75,000 

          (4) to the department of education, for science assessments: 300,000

Sec. 2.802.1    FISCAL YEAR 2009 GENERAL FUND APPROPRIATIONS REDUCTIONS AS SPECIFIED IN DETAIL IN SEC. 5.006

     (a)  agency of commerce and community development:                     500,000

     (b)  Discretionary Spending:                                                               60,000

     (c)  Travel:                                                                                       998,627

Sec. 2.803.      FISCAL YEAR 2008 CONTINGENT APPROPRIATIONS AS SPECIFIED IN DETAIL IN SEC. 5.803

     (a)  Secretary of state:                                                                         450,000

     (b)  Secretary of human services:                                                     5,400,000

     (c)  State teachers’ retirement system:                                               1,500,000

     (d) Transportation Fund:                                                                  2,000,000

     (e)  Next Generation and Vermont Housing and Conservation Board:                                                                                                                                  2,000,000

     (f)  Fuel Assistance:                                                                          6,000,000

Sec. 3.001.  Sec. 246 of No. 65 of the Acts of 2007 as amended by Sec. 70 of No. 90 of the Acts of 2008 is further amended to read:

Sec. 246.     Transportation - central garage

                   Personal services                                3,245,502                 3,245,502 

                   Operating expenses                            11,366,120                         10,626,120 

                        Total                                             14,611,622             13,871,622 

               Source of funds      

                   Internal service funds                          14,611,622             13,871,622 

     (a)  $5,252,668 $4,512,668 of the above appropriation is appropriated from the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A. § 13(b).

* * *

Sec. 3.002.  Sec. 279(b) of No. 65 of the Acts of 2007 as amended by Sec. 78a of No. 90 of the Acts of 2008 is further amended to read:

     (b)  Notwithstanding 19 V.S.A. § 13(c), the amount of $900,000 $160,000 is transferred from the transportation fund to the central garage fund created in 19 V.S.A. § 13.

Sec.  4.001.  APPROPRIATIONS; PROPERTY TRANSFER TAX

(a)  This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax.  Expenditures from these appropriations shall not exceed available revenues.  Notwithstanding Sec. 266(a)(4) of No. 65 of the Acts of 2007:

(1)  The sum of $314,503 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program.  Notwithstanding 32 V.S.A. § 9610(c), amounts above $314,503 from the property transfer tax that are deposited into the property valuation and review administration special fund shall be transferred into the general fund.

(2)  The sum of $13,383,258 is appropriated from the Vermont housing and conservation trust fund to the Vermont housing and conservation trust board. Notwithstanding 10 V.S.A. § 312, amounts above $13,383,258 from the property transfer tax that are deposited into the Vermont housing and conservation trust fund shall be transferred into the general fund.

(3)  The sum of $4,302,105 is appropriated from the municipal and regional planning fund.  Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,302,105 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund.  The $4,302,105 shall be allocated as follows:

(A)  $3,011,473 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);

(B)  $860,421 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);

(C)  $430,210 to the Vermont center for geographic information.

(4)  In fiscal year 2010, the appropriations in this subsection shall increase by at least 4.5 percent. 

Sec. 4.002.  FUND TRANSFERS

(a)  The following amounts are transferred from the funds indicated:

(1)  from the general fund to the:

(A)  communications and information technology internal service fund established by 22 V.S.A. § 902a: $400,000.

(B)  Catamount fund established by 33 V.S.A. § 1986: $1,884,491.

(C)  next generation initiative fund established by 16 V.S.A. § 2887: $7,000,000.  Of this appropriation, $1,000,000 shall be considered one-time funding. 

(2)  from the transportation fund to the:

(A) downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund: $400,000.

(3)  The applications to the general fund from the following funds are as follows:

(A)  single audit internal service fund:  $60,000;

(B)  financial management internal service fund:  $140,969;

(C)  securities regulatory and supervision special fund:  $112,00;

(D)  domestic and sexual violence survivors’ transitional employment program:  $15,000;

(E)  insurance regulatory fund:  $104,650.

Sec. 4.002.1.  ONE-TIME FUND TRANSFERS FOR FISCAL YEAR 2009 DEFICIT AVOIDANCE  

     (a)  In order to avoid a deficit in the general fund in fiscal year 2009 as a result of the April 2008 official revenue forecast revision and notwithstanding all applicable statutes to the contrary, in addition to other transfers and appropriations in this act the following amounts are transferred to the general fund from the funds indicated:

          (1) $2,000,000 from the restitution fund established by 13 V.S.A. § 5363.  It is the intent of the general assembly that the restitution fund be repaid.

          (2)  $650,000 from the tobacco trust fund established by 18 V.S.A. § 9502.  These funds are transferred to address the fiscal year 2009 costs of H.887 of 2008 Health Care Reform.

          (3)  $2,266,045 from the higher education trust fund established by 16 V.S.A. §2885.  These funds are transferred solely to fund higher education entities as follows: first, increases of 2.5% in the state grants provided to the university of Vermont, the Vermont student assistance corporation, and the Vermont state colleges and second, to provide up to $100,000 in a matching state grant to the Vermont state colleges endowment.

          (4)  $957,703 from the human services caseload reserve established by  32 V.S.A. § 308b.  These funds are transferred to offset caseload expenditures for developmentally disabled Vermonters graduating from high school and transitioning to adult services and for childcare subsidies for Vermont children deemed at risk of abuse and neglect.

          (5)  $500,000 from the veterans’ home special fund.

          (6)  $66,807 from the financial management internal service fund.

Sec. 4.002.2.  REVERSION OF GENERAL FUND APPROPRIATION

     (a)  $80,000 of the funds appropriated in Sec. 5(b) of No. 2 of the Acts of 2007 (Interim Assistance to the Dairy Industry) shall revert to the general fund in fiscal year 2009.

Sec. 4.003.  TOBACCO LITIGATION SETTLEMENT FUND BALANCE

(a)  Notwithstanding 18 V.S.A. § 9502(b), the actual balance at the end of fiscal year 2008 in the tobacco litigation settlement fund shall remain for appropriation in fiscal year 2009.

Sec. 4.004.  TRANSFER OF TOBACCO TRUST FUNDS

(a)  Notwithstanding 18 V.S.A. § 9502(a)(3) and (4), at the close of fiscal year 2009, the secretary of administration may transfer funds from the tobacco trust fund to the tobacco litigation settlement fund established in 32 V.S.A. § 435a, in the amount needed to bring the ending balance of the tobacco litigation settlement fund to $0.00 for fiscal year 2009, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2009 under the Master Tobacco Settlement Agreement.  Upon release and deposit of the withheld funds into the tobacco litigation settlement fund, an equal amount shall be returned to the tobacco trust fund.

(b)  Notwithstanding 18 V.S.A. § 9502(a)(3) and (4), the actual amount of investment earnings of the tobacco trust fund at the end of fiscal year 2008 (estimated to be $1,547,368) and at the end of fiscal year 2009 (estimated to be $1,646,619) shall be transferred from the tobacco trust fund to the tobacco litigation settlement fund for appropriation in fiscal year 2009.

Sec. 5.001.   RELATIONSHIP TO EXISTING LAWS

(a)  Except as specifically provided, this act shall not be construed in any way to negate or impair the full force and effect of existing laws.

Sec. 5.002.      OFFSETTING APPROPRIATIONS

(a)  In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated. 

Sec. 5.003.      FEDERAL FUNDS

(a)  In fiscal year 2009, the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal funds available to the state of Vermont, including block grants in lieu of or in addition to funds herein designated as federal.  The governor, with the approval of the legislature or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made.

(b)  If, during fiscal year 2009, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2008 session of the Vermont general assembly are converted into block grants or are abolished under their current title in federal law and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated.  The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval.  Notice shall be given to the joint fiscal committee without delay if the governor intends to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval.

Sec. 5.004.  DEPARTMENTAL RECEIPTS

(a)  All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds:

          Connecticut River flood control

          Public service department ‑ sale of power

          Tax department ‑ unorganized towns and gores

(b)  Notwithstanding any other provision of law, departmental indirect cost recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department.  All recoveries not so authorized shall be covered into the general fund, or, for agency of transportation recoveries, the transportation fund.

Sec. 5.005.   NEW POSITIONS

(a)  Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal year 2009 except for new positions authorized by the 2008 session.  Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.

Sec. 5.006.  Secretary of administration – secretary’s office  (Sec. 2.001, #1100010000)

(a)  Of this appropriation, $150,000 is made available for grants to be awarded on a competitive basis among the 11 existing regional marketing programs (RMP).  In addition to these funds, any prior fiscal year RMP grant funds not awarded shall carry forward into the current fiscal year.

(b)  The number of grants and the amount of the grants shall be established by the secretary of administration.  Review of the grant applications and award of the grants shall be carried out by the chief marketing officer in conjunction with the secretary of administration.

(c)  Following the awards of grants, RMPs shall submit appropriately documented expenses, consistent with the approved grants, to the state for reimbursement.

(d)  The secretary of administration shall reduce travel budgets throughout the executive branch of state government, thereby reducing operating expense appropriations by $998,627 in general funds.  The secretary shall provide an update to the joint fiscal committee in November 2008 on these reductions. 

(e)  The secretary of administration shall develop and implement a program to provide incentives to increase use of internet conferencing technology and Vermont interactive television throughout the executive branch of state government in order to reduce operating expenses associated with in-state travel.

     (f)  The secretary shall ensure that any operating expenses of the Vermont racing commission are minimized to the greatest extent possible.

     (g)  The secretary shall instruct all agencies to seek to minimize print and postage expenses by utilizing electronic means of publishing and communications.  When providing reports, letters and other communications to the members of the general assembly  agencies and departments should provide paper copies only when specifically requested.  In regard to annual budget presentations the administration and legislative staff shall  make recommendations to enhance the use of information technology to reduce the use of paper.

     (h)  The secretary of administration shall reduce operating expense budgets throughout the executive branch of state government by $60,000 for discretionary expenditures for calendars and logo printed items.

     (i)  The secretary of administration is directed to reduce the general fund appropriation in the agency of commerce and community development by $500,000.  The secretary shall ensure that no general fund grants to organizations included in the agency of commerce and community development budget shall be reduced by no more than 5% in making this reduction.

Sec. 5.007.  Information and innovation – communications and information technology  (Sec. 2.002,  #1105500000)

(a)  Of this appropriation, $400,000 is for a grant to the Vermont telecommunications authority established in 30 V.S.A. § 8061.

Sec. 5.008.    Information and innovation – Vermont information technology leaders (VITL)  (Sec. 2.003, #1105003000)

(a)  The department of information and innovation (DII) will use the funds appropriated in this section for the Vermont information technology leaders (VITL) to coordinate with the Vermont Blueprint for Health chronic care initiative and other health care-related statewide information technology programs and projects.  These programs and projects will provide public health approaches to improve the health outcomes and the quality of life for all Vermonters, including those who are Medicaid-eligible, and encourage the formation and maintenance of public-private partnerships in statewide health information exchange.

(b)  Legislative findings related to the health IT-fund as created in 32 V.S.A. chapter 241 and funded in 8 V.S.A. § 4089k:

(1)  Improving the capability to access and exchange electronic health information is a key component of Vermont’s health care reform initiatives as originally expressed in the Health Care Affordability for Vermonters Act of 2006 and updated in No. 70 of the Acts of 2007.

(2)  The Health Information Plan produced by the Vermont information technology leaders (VITL) and accepted by the general assembly documents the value of creating a statewide health information exchange network and the importance of providing financial and technical support to primary care practitioners to enable them to select, install, and use electronic medical records effectively.

(3)  The creation, installation, and use of electronic information tools through the chronic care information system is a key element of the Blueprint for Health initiative to improve the prevention and care of chronic conditions.

(4)  The financing model of the existing health care system results in most of the financial benefits of the use of health information technology not being realized by the primary care practitioners who have to invest in and use the electronic medical record.  Those financial benefits accrue primarily to those who pay for health care services.

(5)  No. 70 of the Acts of 2007 authorized an interim health information technology fund and pilot electronic medical record program, which is being successfully implemented by VITL and is demonstrating the effectiveness of this approach to assisting primary care practitioners.

(6)  The return on investment from electronic medical record implementation as reported by medical practices using this technology shows:

(A)  substantial administrative savings based on staff duties for chart pulls, new chart creation, searches, and transcriptions;

(B)  savings on ordering and communicating tests, managing results, referral dictations, and transcription; and

(C)  a large practice that sees 100 patients per day can save approximately $24,000 per year in charting supplies alone.

(7)  The December 2007 report of the commonwealth fund commission on a high performance health system entitled “Bending the Curve” found that electronic medical records, when implemented along with process redesign efforts, can help providers improve quality and reduce medical errors, while health information exchange can improve care coordination and reduce unnecessary tests.

(8)  The commonwealth fund commission report also estimated a cumulative savings of $88 billion nationally over a 10-year period due to the implementation of regional health information exchanges and electronic medical records.

(9)  The gap between available funding and projected expenses for health information technology identified by VITL in the studies and plans it has submitted to the general assembly pursuant to Nos. 70 and 71 of the Acts of 2007 totals between $35 and $40 million over five years.

Sec. 5.009.  Finance and management – financial operations  (Sec. 2.005, #1115001000)       

(a)  Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $6,061,757, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, are hereby approved.  Of this amount, $1,305,490, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, will be used to support the HCM system that is operated by the department of human resources technical services division. 

Sec. 5.010.  REPEAL 

     (a)  Sec. 20(a) of No. 65 of the Acts of 2007, as amended by Sec. 5(a) of No. 90 of the Acts of 2008 is repealed. 

Sec. 5.011.  Buildings and general services – workers’ compensation insurance  (Sec. 2.021, #1160450000)

(a)  Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges not to exceed $9,086,790 are hereby approved.

Sec. 5.012.  Buildings and general services – fee-for-space  (Sec. 2.024, #1160550000)

(a)  Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $24,120,426, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, are hereby approved.

Sec. 5.012.1.  Legislature  (Sec. 2.029, # 12100020000)

     (a)  The amount of $31,000 from account # 1210890505 is transferred to Agriculture, food and markets – administration. 

     (b)  The chief legislative counsel shall seek to minimize printing expenses relative to legislative documents including bills, calendars and journals by reviewing current policies, the terms of the current printing contract and available technology to accomplish budgetary savings.

Sec. 5.013.  State treasurer  (Sec. 2.035, #1260010000)

(a)  Of this general fund appropriation, $30,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541.

Sec. 5.014.  Vermont state retirement system  (Sec. 2.037, #1265020000)

(a)  Notwithstanding 3 V.S.A. § 473(d), in fiscal year 2009, investment fees shall be paid from the corpus of the fund.

     Sec. 5.015.  Lottery commission  (Sec. 2.045, #2310010000)

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

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

(c)  The lottery commission is encouraged to pursue additional ways and means to enhance lottery revenues.

Sec. 5.016.  Payments in lieu of taxes  (Sec. 2.046, #1140020000)

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

     (b)  Payments in lieu of taxes under sections 2.047 and 2.048 of this act for Montpelier and correctional facilities shall be paid from the pilot special fund under 32 V.S.A. §3709.

Sec. 5.101.  Attorney general  (Sec. 2.101, #2100001000)

(a)  Notwithstanding any other provisions of law, the office of the attorney general, Medicaid fraud control unit, is authorized to retain one-half of any civil monetary penalty proceeds from global Medicaid fraud settlements. All penalty funds retained shall be used to finance Medicaid fraud and residential abuse unit activities.

(b)  Two (2) full time exempt Assistant Attorney General positions (#047010, #047007) shall be transferred from the department of human resources to the office of the attorney general.

Sec. 5.101.1.  Judiciary  (Sec. 2.105, #2120000000)

     (a)  The general assembly recognizes that the allocation of resources in the judiciary, including judges and staff and operating expenses, is controlled to a great degree by statute and does not always allow flexibility to meet the judiciary’s constitutional responsibilities in the most efficient and effective manner.  The general assembly also recognizes that new technologies, including video transmission and electronic documents and filing, provide opportunities to increase efficiency while maintaining or improving access to judicial proceedings.  In order to develop specific proposals for consideration of the general assembly, the general assembly requests the supreme court to appoint and convene a commission on judicial operation to consist of members representing the judicial, legislative and executive branches of government and persons representing the citizens of Vermont in a number to be determined by the court.  The chief justice shall appoint the chair.  The commission shall expire on June 30, 2010.  The commission may obtain funding to contract for staff and research support.  The commission shall from time to time make recommendations by report to the senate and house committees on judiciary, and appropriations, the house committee on institutions and corrections, and the senate committee on government operations.  By January 15, 2009, the commission shall report to those committees with specific proposals regarding subdivision (1) of this section with accompanying draft legislation to implement those proposals, and by January 15, 2010 shall address all the following areas:

          (1)  Consolidation of staff, including clerks of courts, paid by the state within the judiciary budget and consolidation of staff functions across courts in individual counties and statewide;

          (2)  Regionalization of court administrative functions, both those now performed at the state level and those performed at the county level;

          (3)  Use of technology, including video technology, to reduce unnecessary expenditures, including but not limited to transport of prisoners, while improving access and maintaining the quality of adjudication;

          (4)  Flexibility in use of resources to respond to the demands on the judiciary overall and particularly in instances where the amount and nature of demand changes;

          (5)  Reallocation of jurisdiction between courts, consistent with effective and efficient operation; and

          (6)  Any other idea for the efficient and effective delivery of judicial services.

     (b)  $30,000 of this appropriation shall be used for the Vermont sentencing commission recidivism rate analysis by the center for justice research. 

Sec. 5.102.  Sheriffs  (Sec. 2.108, #2130200000)

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

Sec. 5.103Public safety – administration  (Sec. 2.109, #2140060000)

(a)  The commissioner of public safety shall report to the joint fiscal committee at the committee’s September 2008 meeting on the status of the fiscal year 2009 public safety budgets, including management of anticipated budget shortfalls.  The report shall:

(1)  describe management practices intended to reduce budget shortfall;

(2)  project the amount of any anticipated budget shortfalls; 

(3)  describe the nature of and degree to which public safety efforts have been curtailed in response to the budget shortfall.

     (b)  Of the funds appropriated to the department of public safety, $32,000 shall be used to make a grant to the Essex County sheriff’s department.  The commissioner may transfer this amount from line items in this appropriation or other department of public safety appropriations to implement this directive.

Sec. 5.104.  Public safety - state police  (Sec. 2.110, #2140010000)

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

     (b)  Of the $255,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers.  These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts.  Of the remaining funds $50,000 is appropriated for the city of Rutland to fund a position for one year and shall not be used for overtime expenses; $15,000 shall be transferred to the attorney general to support the southern Vermont drug task prosecutor position in fiscal 2009.  Any unexpended funds from prior fiscal years shall be carried forward.

Sec. 5.105.  Public safety - fire safety  (Sec. 2.113, #2140040000)

(a)  Of this general fund appropriation, $55,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.

Sec. 5.106.  Public safety - emergency management - radiological emergency response plan  (Sec. 2.115, #2140080000)

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

Sec. 5.107.  Military – administration  (Sec. 2.116, #2150010000)

(a)  Of this appropriation, $200,000 shall be disbursed to the Vermont student assistance corporation for the national guard educational assistance program established in 16 V.S.A. § 2856.

Sec. 5.108.  Military - veterans' affairs  (Sec. 2.120, #2150050000)

(a)  Of this appropriation, $15,000 shall be used for continuation of the Vermont medal program, $15,000 shall be used for the expenses of the governor's veterans' advisory council, $15,000 shall be used for the Veterans' Day parade, and $5,000 shall be granted to the Vermont state council of the Vietnam Veterans of America to fund the service officer program.

Sec. 5.109.  Sec. 78a of No. 65 of the Acts of 2007 is amended to read:

Sec. 78a.  MEMORIAL GARDEN; LOAN

* * *

(b)  The authorization to loan in subsection (a) of this section is not limited to fiscal year 2008.

Sec. 5.110.  Center for crime victims services  (Sec. 2.121, #2160010000)

(a)  Of the appropriation in this section, $50,000 shall be for a grant to certified batterer intervention programs.

(b)  It is the intent of the general assembly that in fiscal year 2010, general funds in the amount of $1,075,000 shall be included in the base budget to replace special funds that will be no longer be available for the center for crime victims services.  Additionally, it is the intent of the legislature that in fiscal year 2011 the $182,215 grant to the department for children and families for the domestic violence unit, the $150,000 grant to the Vermont network against domestic violence, and the $100,000 grant to the department of corrections victims services be supported with general funds.

Sec. 5.110.1.  [DELETED]

Sec. 5.111. Department of banking, insurance, securities, and health care administration – health care administration  (Sec. 2.134, #2210040000)

(a)  The Department of banking, insurance, securities, and health care administration (BISHCA) will use the Global Commitment funds appropriated in this section for health care administration for the purpose of funding certain health care-related BISHCA programs, projects, and activities to: reduce the rate of uninsured and/or underinsured persons in Vermont; increase the access of quality health care to uninsured persons, underinsured persons, and Medicaid beneficiaries; and/or encourage the formation and maintenance of public-private partnerships in health care.

Sec. 5.112.  Secretary of state  (Sec. 2135, # 2230010000)

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

(b)  The secretary of state is authorized to spend, in addition to its appropriation in this act, up to $450,000 for the purpose of conducting the 2008 primary and general elections, and it is the intent of the administration to request, and the general assembly to provide an additional appropriation in this amount in the fiscal year 2009 budget adjustment act.

Sec. 5.113.  Enhanced 9-1-1 Board  (Sec. 2.139, #2260001000)

(a)  Of this appropriation, $823,443 shall be transferred to the department of public safety for 911 call-takers at public safety answering points operated by the department of public safety.

Sec. 5.201.  Agency of human services – secretary’s office  (Sec. 2.201, #3400001000)

(a)  Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” and costs related to juvenile justice to the departments in the agency of human services designated to provide these services.

(b)  Of these tobacco settlement funds, $54,000 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring for youth.

(c)  Of this tobacco fund appropriation, $143,000 shall be used for a grant to Lamoille County people in partnership for wrap‑around services for at‑risk youth.

(d)  Of this tobacco fund appropriation, $85,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 shall be for housing provisions for at risk use.

(e)  Of the funds appropriated to the secretary, $100,000.00 shall be available for the pathways to housing program.

Sec. 5.201.1  VOLUNTEER COUNCIL ON AUTISM

     (a)  A volunteer council on autism shall be created by the secretary of the agency of human services.  The volunteer council shall meet directly with the secretary of the agency of human services to review the results of the legislative requested study on autism services in Vermont.  The council shall be composed of up to seven (7) volunteers with expertise in the  issues of autism that wish to participate and who would be willing to submit their resume to the secretary for consideration.  The volunteer council shall meet at least three times before January 15, 2009.

Sec. 5.202. Secretary’s office – Global Commitment  (Sec. 2.202, #3400004000)

(a)  The agency of human services shall use the funds appropriated in this section for payment of the actuarially certified premium required under the intergovernmental agreement between the agency of human services and the managed care organization in the office of Vermont health access as provided for in the Global Commitment for Health Waiver (“Global Commitment”) approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

(b)  In addition to the state funds appropriated in this section, a total estimated sum of $34,127,822 is anticipated to be certified as state matching funds under the Global Commitment as follows:

(1)  $15,518,544 certified state match available from local education agencies. This amount combined with $22,657,456 of federal funds appropriated in this section equals a total estimated expenditure of $38,176,000 for eligible special education school-based Medicaid services under the Global Commitment. An amount equal to the amount of the federal matching funds for eligible special education school-based Medicaid services under Global Commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.

(2)  $8,956,247 certified state match available from local education agencies for eligible services under the Global Commitment provided to students through school-based health services, including school nurses.

(3)  $4,632,833 certified state match available from local education and social service agencies for eligible services provided to eligible persons through children’s collaborative services programs.

(4)  $2,843,472 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.

(5)  $2,176,726 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.

(c)  The secretary of human services and the office of Vermont health access shall explore the possibility of receiving federal matching funds to maximize its ability to contribute to the health IT-fund established in 2 V.S.A. § 962.

Sec. 5.202.1.  Sec. 105(b)(1) of No. 65 of the Acts of 2007 as amended by Sec. 25(b(1) of No. 90 of the Acts of 2008, is further amended to read:

(b)  In addition to the state funds appropriated in this section, a total estimated sum of $34,695,908 $32,241,016 is anticipated to be certified as state matching funds under the Global Commitment as follows:

(1)  $17,283,434 $14,828,542 certified state match available from local education agencies.  This amount combined with $24,881,566 $21,347,457 of federal funds appropriated in this section equals a total estimated expenditure of $42,165,000 $36,176,000 for eligible special education school-based Medicaid services under the Global Commitment.  An amount equal to the amount of the federal matching funds for eligible special education school-based Medicaid services under Global Commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.

Sec. 5.203.  Health Care Charitable Initiative Partnership

(a)  The agency of human services shall create a charitable initiative to assist Vermonters who are uninsured and/or underinsured as provided for in subsection (b)of this section.  The initiative shall be developed in collaboration with the hospital association, the office of health access, and other provider groups.  The agency shall provide a status report and description of the initiative to the house and senate committees on appropriations on or before December 15, 2008.

(b)  The initiative shall include the following elements:

(1)  Hospitals, other institutions and individuals may make voluntary contributions to a state special fund.

 (2)  The monies in the special fund shall be used to provide grants to support initiatives meeting one of the following criteria provided for in number 57 of the amended Special Terms and Conditions for Global Commitment to Health Section 1115 Medicaid Waiver (“Global Commitment”);

(A)  Reducing the rate of uninsured and/or underinsured in Vermont;

(B)  Increasing the access of quality health care to uninsured;

(C)  Providing public health approaches to improve the health outcomes and the quality of life for Medicaid-eligible individuals in Vermont; and

(D)  Encouraging the formation and maintenance of public-private partnerships in health care.

(3)  The agency shall create a process to provide grants meeting the criteria in subdivision (2) of this subsection and shall involve contributors to the special fund in the grant process.

(4)  To the extent allowed under Global Commitment, monies in the state special fund shall be matched by federal funds.

Sec. 5.203.1.  Sec. 111b(a) of No. 65 of the Acts of 2007 is amended to read: 

     (a)  Effective on July 1, 2008, the agency of human services is directed to shall reinstate chiropractic coverage for adults in the Medicaid and VHAP programs  consistent with section 4088a of Title 8 and at rates comparable to payments for care or services by other health care providers not to exceed Medicare rates.  The fiscal year 2009 Medicaid expenditure forecast adopted by the emergency board shall include the reinstatement of chiropractic coverage.

Sec. 5.203.2.  Office of Vermont health access – Medicaid program – Global Commitment  (Sec. 2.270, #3410015000)

     (a)  Of the above appropriation, $2,000,000 is designated for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services for children and adolescents between the ages of 0-22 who have been diagnosed with developmental disabilities and who are Medicaid eligible.  The services to be provided under this appropriation are those required under federal Medicaid law and include case management, and rehabilitative and behavioral therapies.

     (b)  In accordance with 33 V.S.A. § 1984, and subject to expedited rules, the agency of human services is authorized to implement income disregards under the terms and conditions under the Global Commitment for the Health Waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act, when determining premium contributions for Catamount Health under 8 V.S.A. § 4080f or Employer-sponsored insurance with premium assistance under 33 V.S.A. § 1974.

Sec. 5.204.  [DELETED] 

Sec. 5.205.  [DELETED] 

Sec. 5.206.  MEDICAID FISCAL YEAR 2009 CONTINGENT FUNDING

(a)  It is estimated that at least $11,960,000 of state funds or $19,736,500 total Medicaid funds will be carried forward from fiscal year 2008 to fund the Medicaid program, including the Global Commitment waiver program, the choices for care waiver program, and other Medicaid programs.

(b)  As of March 25, 2008, Medicaid expenditures for fiscal year 2008 are below budgeted level by $25,000,000.  In addition to subsection (a) of this section, and to the extent that fiscal year 2008 Medicaid expenditures in the Global Commitment waiver, the choices for care waiver program and other Medicaid programs fall below the amount funded in fiscal year 2008, up to $11,960,000 of total Medicaid funds in addition to the funds in (a) shall be carried forward and used to fund increases for program reimbursement rates to providers as follows:

(1)  $8,000,000 for Vermont hospitals

(2)  $1,000,000 for home health care providers

(3)  $1,300,000 for Dartmouth Medical Center

(4)  $1,000,000 for Boston Children’s Hospital

(5)  $660,000 to provide a $2 a day rate increase for assisted community care service providers. 

(c)  Funding to the providers listed in subsection (b) of this section shall be pro-rated if less than $11,960,000 is available.

(d)  If greater than $11,960,000 is available, then those funds shall be reserved for the Global Commitment waiver. 

Sec. 5.207.  Sec. 1 of No. 56 of the Acts of 2005 as amended by Sec. 112a of No. 65 of the Acts of 2007 is further amended to read:

Sec. 1.  LONG-TERM CARE MEDICAID 1115 WAIVER; CHOICES FOR CARE

* * *

     (g)(1)  Any savings realized due to the implementation of the long-term care Medicaid 1115 waiver shall be retained by the department and reinvested into providing home and community-based services under the waiver.  If at any time the agency reapplies for a Medicaid waiver to provide these services, it shall include a provision in the waiver that any savings shall be reinvested.

          (2)  In its annual budget presentation, the department of disabilities, aging, and independent living shall include the amount of savings generated from individuals receiving home and community-based care services instead of services in a nursing home through the Choices for Care waiver and a plan with details on the recommended use of the appropriation.  The plan shall include the base appropriation; the method for determining savings; how the savings will be reinvested in home and community-based services, including the allocation between increases in caseloads and increases in provider reimbursements; and a breakdown of how many individuals are receiving services by type of service.  The Department shall convene a working group from its advisory council for the purpose of  providing input on the advisability of seeking renewal of the waiver and how any new waiver can timely report to providers and consumers on reinvested savings. 

* * *

Sec. 5.207.1.  Sec. 70(g)(7) of No. 93 of the Acts of 2006, as amended by Sec. 272 No. 215 of the Acts of 2006, is further amended to read:

     (7)  $576,520 and $823,480 federal funds to the office of Vermont health access for costs under the long-term care portion of Medicaid.  Effective for fiscal year 2007 only July 1, 2006, the division of rate setting shall amend the rules effective for establishing Medicaid rates for nursing home services to lower the minimum occupancy used in setting the Medicaid rate to 90 percent, excluding nursing costs.

Sec. 5.207.2.  LONG-TERM CARE; RATE SETTING

     (a)  The division of rate setting shall amend the rules for Medicaid payments to nursing homes as necessary to maximize the amount of federal matching funds available for the implementation of certain recommendations of the Nursing Home Reimbursement Methodology Task Force established pursuant to Sec. 1a(c) of No. 56 of the Acts of 2005, as amended by Sec. 149a of No. 215 of the Acts of 2006.  Changes necessary to achieve the purpose of this provision may be applied retroactively and shall be exempt from the procedural requirements of 3 V.S.A. Chapter 25, except that the agency of human services shall make reasonable efforts to ensure that such changes are made known to persons who may be affected by them.  The required rule changes shall stay in effect until such time as they are amended pursuant to 3 V.S.A. Chapter 25.

Sec.  5.207.3.  FISCAL YEAR 2009 NURSING HOME INFLATION

     (a)  For the purposes of calculating inflation under 33 V.S.A. §904(a), for fiscal year 2009 the annual inflation factor shall be 50% of what would otherwise be developed in accordance with this section and section 5.8 of the regulations promulgated by the division of rate setting.  

Sec. 5.208.  EXPEDITED RULEMAKING FOR PREMIUM INCREASES

(a)  In order to administer the provisions of Sec. 5.204, relating to VHAP premium increases, and Sec. 5.205, relating to Dr. Dynasaur and SCHIP premium increases, of this act in a timely fashion, notwithstanding the provisions of 3 V.S.A. chapter 25, the department for children and families shall adopt rules pursuant to the following:

(1)  The commissioner shall file final proposed rules with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after publication, in three daily newspapers with the highest average circulation in the state, of a notice that lists the rules to be adopted pursuant to this process and a seven-day public comment period following publication.

(2)  The commissioner shall file final proposed rules with the legislative committee on administrative rules no later than 28 days after the effective date of this act.

(3)  The legislative committee on administrative rules shall review, and may approve or object to, the final proposed rules under 3 V.S.A. § 842, except that its action shall be completed no later than 14 days after the final proposed rules are filed with the committee.

(4)  The commissioner may adopt a properly filed final proposed rule after the passage of 14 days from the date of filing final proposed rules with the legislative committee on administrative rules or after receiving notice of approval from the committee, provided the secretary:

(A)  has not received a notice of objection from the legislative committee on administrative rules; or

(B)  after having received a notice of objection from the committee, has responded pursuant to 3 V.S.A. § 842.

(5)  Rules adopted under this section shall be effective upon being filed with the secretary of state and shall have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25.  Rules filed by the commissioner for families and children with the secretary of state pursuant to this section shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the secretary of state if filed with a certification by the commissioner for families and children that the rule is required to meet the purposes of this section.

Sec. 5.208.1.  Health - administration and support (Sec. 2.211, #3420010000)

     (a) The commissioner of health and the director of the office of Vermont health access shall review existing programs that provide health services and coverage to Vermonters and determine if any programs could be eliminated and the Vermonters currently served by these programs could be enrolled in Catamount Health to continue to receive said health services.  The commissioner and director shall update the legislature on any recommendations in this regard in the fiscal year 2010 budget presentation process.

Sec. 5.209.  Health - Blueprint for Health  (Sec. 2.212, #3420015000)

(a)  From this appropriation, the department of health shall provide incentive grants and stipends to physician practices participating in the pilot projects developed under the Vermont Blueprint for Health established in section 702 of Title 18. 

Sec. 5.210.  Health - health surveillance  (Sec. 2.214, #3420030000)

(a)  The amount of $335,000 of the general fund/Global Commitment fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services.  It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state-funding sources.  The department of health AIDS program shall meet at least quarterly with the HIV/AIDS service advisory committee (HASAC) with current information and data relating to service initiatives.  The funds shall be allocated as follows: 

(1)  AIDS Project of Southern Vermont, $71,931;

(2)  ACORN, $25,019;

(3)  IMANI, $37,529;

(4)  VT CARES, $135,521;

(5)  Twin States Network, $30,000;

(6)  People with AIDS Coalition, $35,000.

(b)  Of the federal funds, Ryan White Title II funds for AIDS services and the AIDS Medication Assistance Program shall be distributed in accordance with federal guidelines.  These guidelines shall not apply to programming funded by state general funds.

(c)  The amount of $140,000 of this general fund appropriation shall be used for assistance to individuals in the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, and nutritional supplements.  These funds may not be used for any administrative purposes by the department of health or by any other state agency or department.  Any remaining AMAP general funds at the end of the fiscal year shall be distributed to Vermont AIDS service organizations in the same proportions as those outlined under subsection (a) of this section. 

(d)  The amount of $100,000 of this general fund appropriation shall be appropriated to Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which is currently not supported by federal funds due to federal restrictions.  These funds shall be used for HIV/AIDS prevention purposes, including, 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, HASAC, and the community planning group (CPG).  The department of health AIDS program shall be guided and advised by HASAC and CPG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds

(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 composed of no less than 50 percent of members who are living with HIV/AIDS.  The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements, and eligibility for the program. 

Sec. 5.211.  Health - health improvement  (Sec. 2.215, #3420040000)

(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, the nursing incentive loan program, and the dental student incentive loan program.

(b)  The tobacco fund appropriation in this section and $1,059,409 in Global Commitment funds in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:

(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 the 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 this appropriation, $500,000 shall be granted to the area health education center (AHEC) to support the work and infrastructure of the statewide AHEC network to ensure an adequate and appropriate health care workforce, to bring quality improvement programs to health care professionals, and to create partnerships across community‑based health care services to improve health care access and integration.  Any funds not expended shall be carried forward to be available for use in subsequent fiscal years.  The AHEC will provide the department of health with a final progress report and financial report detailing the unexpended funds to be carried forward at the close of the fiscal year.

     (d)  Of this Global Commitment fund appropriation, $1,420,000 shall be used for the purposes of loan repayment for health care providers and health care educators pursuant to 18 V.S.A. § 10a to be allocated pursuant to Sec. 37 of H. 887 of 2008 (Health Care Reform).  This amount shall be reduced by $123,000 or a pro-rated lesser amount if the contingent funding in Sec. 5.803 (a) (4) (B) and allocated in Sec. 5.801(b)(2) is unavailable or available at a pro-rated lesser amount.

(e)  Of this appropriation, $100,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program, the nurse incentive loan program, and the dental student incentive loan program.

(f)  Of this appropriation, $1,090,000, which includes $500,000 of federal substance abuse grant funds, is for the coordinated healthy activity, motivation, and prevention programs to be used for community wellness grants awarded pursuant to 18 V.S.A. § 104b.

(g)  Of these Global Commitment funds, $640,000 shall be used to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families and for  federally qualified health center (FQHC) look‑alike uncompensated care pool funds.

Sec. 5.211.1.   Sec. 120(i) of Act 65 of 2008 is amended to read:

Sec. 120.     Health – health improvement

     (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 $100,000 of the excess amount shall be appropriated from the tobacco litigation settlement fund to the department of health to be spent based on the recommendation of the Vermont tobacco control board.  These funds shall be in addition to funds appropriated above. 

Sec. 5.211.2.  Health – Community public health (Sec. 2.216, #3420050000)

     (a)  Of this appropriation, the amount of $50,000 shall be expended by the department for lead abatement education.  The department is also authorized to solicit and accept grants and donations to be used to supplement the expenditure directed by this subsection.

Sec. 5.212.  Health - alcohol and drug abuse programs (Sec. 2.217, #3420060000)

(a)  For the purpose of meeting the need for outpatient substance abuse services when the preferred provider system has a waiting list of five days or more or there is a lack of qualified clinicians to provide services in a region of the state, a state-qualified alcohol and drug abuse counselor may apply to the department of health, division of alcohol and drug abuse programs, for time-limited authorization to participate as a Medicaid provider to deliver clinical and case coordination services, as authorized. 

(b)   (1)  In accordance with federal law, the division of alcohol and drug abuse programs may use the following interim criteria to determine whether to enroll a state-supported Medicaid and uninsured population substance abuse program in the division’s network of designated providers, as described in the state plan: 

(A)  The program is able to provide the quality, quantity, and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the commission of accreditation of rehabilitation facilities, the joint commission on accreditation of health care organizations, or the commission on accreditation for family services. 

(B)  Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in this subdivision (b)(1) are satisfied. 

(C)  All programs shall continue to fulfill grant or contract agreements. 

(2)  The provisions of subdivision (1) of this subsection shall not preclude the division’s “request for bids” process. 

(c)  Of the interdepartmental transfer in this section, $150,000 shall be used to support the gambling addiction program. 

(d)  Of this appropriation, $35,000 shall be used to support the drug court program in Chittenden Count y, $25,000 shall be used to support the drug court program in Rutland County, and $25,000 shall be used for court coordination in Bennington County.

(e)  The department of health shall be advised by an executive council of Vermont’s recovery center network on an ongoing basis to prioritize service and funding needs for recovery centers, to assist with the review of recovery center funding proposals, and to provide recommendations for disbursement of funds to the recovery centers and their support needs.  This executive council will consist of a board member of each recovery center.  The executive council will hire a network coordinator with the appropriation in subsection (f) of this section.  The network coordinator will work for the executive council and provide technical assistance and training to recovery centers.  The executive council, working with the department of health, will have oversight of the recovery centers.

(f)  Of this appropriation, $45,000 shall be granted to the Vermont recovery center network.  $458,000 of the appropriation is the allocated share of the DETER program for recovery centers and shall be granted to the recovery centers  in operation as of June 30, 2008. 

     (g)  The commissioner of health shall take action to ensure that the rate setting process is applied to maple leaf farm prior to establishing the fiscal year 2010 budget for the division of alcohol and substance abuse.

Sec. 5.212.1.  Mental health – Vermont state hospital  (Sec. 2.220, #3150080000)

(a)  The community recovery residential program developed under this section shall be consistent with the goals identified in the existing future plan.

Sec. 5.213.  Department for children and families – administration and support services  (Sec. 2.221, #3440010000)

(a)  Of this appropriation, $14,000 in general funds shall be provided as a grant to the Vermont girl scouts for a program enabling girl scouts and their siblings to visit their mothers in prison.

(b)  The department for children and families will include in its fiscal year 2010 budget presentation a schedule for this appropriation that shows the expenses and revenue for the commissioner’s office, including the business office and information technology sections, field service unit, and economic services division separately. 

(c)  The approach that the commissioner employs to implement the department’s position-reduction target shall not result in reducing the department’s capacity to meet the TANF work participation rates or that would inhibit the department’s capacity to respond to findings of the federal audit report relating to protecting abused and neglected children.

(d)  The commissioner is authorized to perform a criminal record check of the applicant to determine if there are any active arrest warrants and if so, to report that information to a law enforcement agency.

Sec. 5.214.  Department for children and families – family services  (Sec. 2.222, # 3440020000)

(a)  The department shall use funds available within this appropriation to expand the department’s internal staff capacity to address the concerns of the federal audit of Vermont’s child protection system.  The department may establish up to twelve (12) classified - Social Worker - positions in fiscal year 2009.  These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.  Upon the approval of the joint fiscal committee, the department may request the ability to use a portion of available funds to enter into personal service contracts for the purpose of providing services within the context of the child protection system.  In order that efforts to address federal audit findings are not compromised social worker positions shall be not be included in the plan to reduce 400 state positions through attrition by the end of fiscal year 2009.

Sec. 5.214.1.  Department for children and families – child development  (Sec. 2.223, #3440030000)

     (a)  The eligibility threshold will be increased from its current base year by one year beginning January 1, 2009. 

Sec. 5.215.  Department for children and families - general assistance  (Sec. 2.226, #3440060000)

(a)  Of this appropriation, $527,000 in federal TANF funds and $50,000 in general funds are allocated to the department for children and families to provide families with rental or mortgage arrearage assistance under section 2114 of Title 33.

(b)  Of this appropriation, the department for children and families may expend funds for temporary housing or assistance or both to individuals and families that have reached the 28-day maximum allowed under department regulations and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum. 

(c)  Assistance under this section is not an entitlement and shall cease upon expenditure of these funds.

Sec. 5.216.  Sec. 137 of No. 65 of the Acts of 2007 is amended to read:  (Sec. 2.226, #3440060000)   

Sec. 137.  GENERAL ASSISTANCE BENEFITS; FLEXIBILITY PILOT PROGRAM

(a)  Commencing with state fiscal year 2007 and for a period of up to three years, the agency of human services may establish a pilot assistance program within the general assistance program to create flexibility to provide these general assistance benefits.  The purpose of the pilot program is to mitigate poverty and serve applicants more effectively than they are currently served with the same amount of general assistance funds.  The pilot program shall operate consistent within existing statutes and rules except that it may grant exceptions to this program’s eligibility rules and may create programs and services as alternatives to these rules during the period of the pilot program.

* * *

(c)  The pilot program may operate in up to three twelve 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.

* * *

(e)  The department shall report to the house committees on appropriations and human services and the senate committees on appropriations and health and welfare no later than January 1, 2008 with a summary of the evaluation of the pilots and any recommended changes to the general assistance program.

Sec. 5.217.  TANF EXEMPTION  (Sec. 2.227, #3440070000)

(a)  The commissioner of the department for children and families may exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2009.

Sec. 5.218.  Department for children and families – home heating fuel assistance/LIHEAP  (Sec. 2.229, #3440090000)

(a)  Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.

Sec. 5.219.  HOME HEATING FUEL ASSISTANCE/LIHEAP

(a)  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 2009 and all unexpended LIHEAP funds granted to the state in fiscal year 2008 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, 2008, and program administration, the commissioner of finance and management shall transfer $2,550,000 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available.  An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received.  Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2008-2009 crisis set-aside and seasonal home heating fuel assistance through December 31, 2008, and LIHEAP funds awarded as of December 31, 2008 for fiscal year 2009 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not be made prior to January 30, 2009.  Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available, except that for fuel assistance payments made through December 31, 2008, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

Sec. 5.220.  Department for children and families - office of economic opportunity  (Sec. 2.230, #3440100000)

(a)  Of the general fund appropriation in this section, $792,000 shall be granted to community agencies for homeless assistance by preserving existing services, increasing services, or increasing resources available statewide.  These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds.  Grant decisions shall be made with assistance from the coalition of homeless Vermonters.

Sec. 5.221.  Department for children and families - OEO - weatherization assistance  (Sec. 2.231, #3440110000)

(a)  Of the special fund appropriation in this section, $400,000 is for the replacement and repair of home heating equipment.

(b)  On or before January 30 of each year, the office of economic opportunity shall make a report to the house and senate committees on appropriations utilizing existing resources within state government available in the office of economic opportunity’s weatherization data management system that compiles performance data available on households weatherized in the past year to include: (1)  the number of households weatherized; (2)  average program expenditure per household for energy efficiency; (3) average percent energy savings; (4) energy and non-energy benefits combined; (5) benefits saved for every dollar spent; (6) average savings per unit for heating fuels; (7) gallons of oil saved related to equivalent number of homes heated; (8) projected number of households to be weatherized in the current program year; and (9) projected program expenditures for the current program year ending March 31.

Sec. 5.222. [ DELETED]

Sec. 5.223.  Disabilities, aging, and independent living – advocacy and independent living  (Sec. 2.236, #3460020000)

(a)  Certification of adult day providers shall require a demonstration that the new program is filling an unmet need for adult day services in a given geographic region, and does not have an adverse impact on existing adult day services.

(b)  $100,000 of this appropriation shall be granted to support a supportive housing demonstration project managed by Cathedral Square Corporation.  Cathedral Square, in conjunction with the department of disabilities, aging and independent living shall develop measurable outcomes of success, including savings from services not needed because of the demonstration project services or improvements in participants’ physical and mental well being.  The demonstration and the department shall develop baseline measures before the demonstration begins.  The department and demonstration shall report to the health access oversight committee no less than every six months on the progress of the demonstration project. 

     (c)  Medicaid rates for adult day services shall be $15.00 per hour in fiscal year 2009.

     (d)  Of the general funds in appropriated to the department, $23,655 shall be allocated for special assistance to adult day service providers.  The department will develop criteria on the use of these funds in consultation with the adult day programs.  Funds remaining in this allocation after March 30, 2009 shall be distributed on an equitable basis to the adult day programs by the close of the fiscal year.

Sec. 5.224.  Corrections – correctional services  (Sec. 2.244, # 3480004000)

(a)  The commissioner is authorized to allocate general funds within the budget with the goal of increasing funding for programs that qualify for managed care organization (MCO) investments as part of the Global Commitment waiver.

(b)  Transitional housing funds may be used for housing readiness, search, and retention services to include funding for housing assistance as necessary which may be granted to housing authorities and other community agencies in response to requests for proposals or memorandums of understanding which are in accord with department of corrections’ policy and directives.

(c)  Of this general fund appropriation, $109,000 shall be used as a grant to Dismas House of Vermont, Inc.

     (d)  $51,000 of the global commitment funds in this appropriation shall be allocated to provide funding for eligible services provided by Return House.

     (e)  The department shall pay for psycho-sexual evaluations as deemed necessary by the court.  The department shall report on the available funding for the evaluations, shall seek to include funding in the budget adjustment process if necessary, and shall seek to insure that adequate funding for these evaluations are included in future budgets.

Sec. 5.225.  Vermont veterans’ home – care and support services  (Sec. 2.248, #3300010000)

(a)  If Global Commitment fund monies are unavailable, the total funding for the Vermont veterans’ home shall be maintained through the general fund or other state funding sources.

(b)  The Vermont veterans’ home will use the Global Commitment Funds appropriated in this section for care and support services for the purpose of funding certain health care-related programs, activities, and projects to increase the access to quality health care for uninsured persons, underinsured persons, and Medicaid beneficiaries.

Sec. 5.301.  Labor – administration  (Sec. 2.301, #4100600000)                          

(a)  Any foster care payments excluded from the definition of gross income under the Internal Revenue Code Title 26, Section 131 shall not be considered wages under 21 V.S.A. § 1301(12).

Sec. 5.302.  Education – finance and administration  (Sec. 2.305, #5100010000)

(a)  The Global Commitment funds appropriated in this section for school health services, including school nurses, shall be used for the purpose of funding certain health care-related projects.  These projects will reduce the rate of uninsured or underinsured persons or both in Vermont, and increase the access of quality health care to uninsured persons, underinsured persons, and Medicaid beneficiaries.

Sec. 5.302.1    Education - adjusted education payment  (Sec. 2.310, #5100090000)

     (a)  Current Use Education Liability Correction:  To correct the education tax liability resulting from settlement by the tax department division of property valuation and review of the 2007 Villeneuve current use case, the following districts shall receive amounts in addition to the formula determined payments as follows:  Eden $18,501.97; Lowell $436.02; Richmond $245.74; and Jericho $5,477.22.

Sec. 5.303.  Education – special education: formula grants  (Sec. 2.307, #5100040000)

(a)  Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $3,300,654 shall be used by the department of education in fiscal year 2009 as funding for 16 V.S.A. § 2967(b)(2)‑(6).  In addition to funding for 16 V.S.A. § 2967(b)(2)‑(6), up to $169,061 may be used by the department of education for its participation in the higher education partnership plan.

Sec. 5.304.  Education – state-placed students  (Sec. 2.308, #5100050000)

(a)  The independence place program of the Lund Family Center shall be considered a 24‑hour residential program for the purposes of reimbursement of education costs.

Sec. 5.305.  Education – adult education and literacy  (Sec. 2.309, #5100060000)

(a)  Of this appropriation, the amount from the education fund shall be distributed to school districts for reimbursement of high school completion services pursuant to 16 V.S.A. § 1049a(c). 

Sec. 5.306.  Education – technical education  (Sec. 2.316, #5100200000)

(a)  The appropriation in this section shall be authorized notwithstanding 16 V.S.A. § 1564.

Sec. 5.307.  Education – Act 117 cost containment  (Sec. 2.317, #5100310000)

(a)  Notwithstanding any provisions of law, expenditures made from this section shall be counted under 16 V.S.A. § 2967(b) as part of the state’s 60 percent of the statewide total special education expenditures of funds which are not derived from federal sources.

Sec. 5.308.  Appropriation and transfer to education fund  (Sec. 2.318, #1110020000)

(a)  This appropriation from the general fund shall be transferred to the education fund.

Sec. 5.309.  State teachers’ retirement system (Sec. 2.319, #1265010000)  

(a)  Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of the annual contribution to the Vermont state teachers’ retirement system shall be $34,349,097 in fiscal year 2009.

(b)  In accordance with 16 V.S.A. § 1944(c)(2), of the grant appropriation in this section, $17,588,090 is appropriated as the “normal contribution”, and $17,788,969 is appropriated as the “accrued liability contribution”.

     (c)  The funding combines $33,549,097 in general funds, an estimated $1,228,000 of Medicare Part D reimbursement funds, $800,000 of one-time general funds, and $1,500,000 of contingent funds to achieve funding at the actuarially recommended level revised by the most recent experience study.

Sec. 5.310.  University of Vermont (Sec. 2.321, #1110006000)

(a)  The commissioner of finance and management shall issue warrants to pay one‑twelfth of this appropriation to the University of Vermont on or about the 15 day of each calendar month of the year.

(b)  Of this appropriation, $406,018 shall be transferred to EPSCoR (Experimental Program To Stimulate Competitive Research) for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.

(c)  If Global Commitment fund monies are unavailable, the total grant funding for the University of Vermont shall be maintained through the general fund or other state funding sources.

(d)  The University of Vermont will use the Global Commitment funds appropriated in this section to support Vermont physician training.  The University of Vermont prepares students, both Vermonters and out-of-state, and awards approximately 100 medical degrees annually.  Graduates of this program, currently representing a significant number of physicians practicing in Vermont, will deliver high quality health care services to Medicaid beneficiaries, the uninsured or underinsured persons or both in Vermont and across the nation.

Sec. 5.311.  Vermont State Colleges (Sec. 2.324, #1110009000)

(a)  The commissioner of finance and management shall issue warrants to pay one‑twelfth of this appropriation to the Vermont state colleges on or about the fifteenth day of each calendar month of the year.

(b)  Of this appropriation, $457,818 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.

(c)  Of this appropriation, $100,000.00 shall be reserved for use as the state’s fiscal year 2009 contribution toward the growth of the endowment fund for the Vermont state colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 2009 appropriation will be the first of five annual appropriations through fiscal year 2014 totaling $500,000.00. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed to between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. By June 30, 2014, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.

Sec. 5.312.  Vermont state colleges – allied health  (Sec. 2.325, #1110010000)

(a)  If Global Commitment fund monies are unavailable, the total grant funding for the Vermont state colleges shall be maintained through the general fund or other state funding sources.

(b)  The Vermont state colleges will use the Global Commitment funds appropriated in this section to support the dental hygiene, respiratory therapy, and nursing programs which graduate approximately 250 health care providers annually.  These graduates will deliver direct, high quality health care services to Medicaid beneficiaries, the uninsured and/or under-insured persons. 

Sec. 5.313.  Vermont student assistance corporation  (Sec. 2.327, #1110012000)

(a)  Of this appropriation, $25,000 is appropriated from the general fund to the Vermont student assistance corporation to be deposited into the trust fund established in 16 V.S.A. § 2845. 

(b)  Except as provided in subsection (a) of this section, not less than 100 percent of grants shall be used for direct student aid.

(c)  $350,000 of state funds, available to the Vermont student assistance corporation pursuant to Sec. 5.107(a) and  5.801(b)(3)(B) of this act, shall be used for the purposes of 16 V.S.A. § 2856. Any unexpended funds from these allocations shall carry forward for this purpose.

Sec. 5.401.  Fish and wildlife – support and field services (Sec. 2.406, #6120000000)

(a)  Notwithstanding any other provision of law, the position of outreach director and the position of media communications specialist within the department of fish and wildlife shall not be eliminated in fiscal year 2009.

Sec. 5.501.  Community development block grants (Sec. 2.505, #7110030000)

(a)  Community development block grants will carry forward until expended.

     (b)  Community development block grant (CDBG) funds shall be expended in accordance with and in the order of the following priorities:

          (1)  The greatest priority for the use of CDBG funds will be the creation and retention of affordable housing and jobs.

          (2)  The overarching priority and fundamental objective in the use of funds for all affordable housing is to achieve perpetual affordability through the use of mechanisms that produce housing resources that will continue to remain affordable over time.  It is the goal of the state to maintain at least 45 to 55 percent of CDBG funds for affordable housing applications.

          (3)  Among affordable housing applications, the highest priorities are to preserve and increase the supply of affordable family housing, to reduce and strive to eliminate childhood homelessness, and to serve families and individuals at or below 30 percent of HUD Area Median Income and people with special needs as described in the Consolidated Plan.  Housing for seniors should be considered a priority when it meets clear unmet needs in the region for the lowest income seniors.

          (4)  Projects which address the ongoing deterioration of the existing housing stock through acquisition, preservation, and rehabilitation of units shall comply with housing quality standards with priority given to lead hazard reduction and energy efficiency.

          (5)  Preference shall be given to projects that maintain the historic settlement pattern of compact village and downtown centers separated by a rural working landscape.  Funds generally should not be awarded to projects that promote or constitute sprawl, defined as dispersed development outside compact urban and village centers, along highways, and in rural countryside.

     (c)  No less than fifty percent of CDBG-generated loan repayments shall remain available to municipalities awarded community development block grant funds.  By January 15, 2009, the department of housing and community affairs shall report to the senate and house committees on appropriations, the senate committee on economic development, housing and general affairs and the house committee on general, housing and military affairs on the past performance of the revolving loan funds supported by CDBG appropriations.  Such report shall include recommended changes for improvement if deemed necessary; and shall address standards for best practices, criteria for evaluating outcomes and a process for recapture by the state of funds that are unused for five years by grantees for the activities for which the funds were granted.

     (d)  The Vermont housing finance agency and the Vermont economic development authority may underwrite housing and economic development applications to the Vermont community development program; provided, however, that applicants shall not be required to pay a fee for such underwriting services.

     (e)  Municipalities awarded funds under Vermont community development program shall not be required to utilize the Vermont housing finance agency, Vermont economic development authority or any other third party as the lender of Vermont community development program funds.

Sec. 5.502.  Vermont housing and conservation board (Sec. 2.514, #9150000000)

     (a)  As required by 10 V.S.A. § 321(b), the housing and conservation board shall expend HOME funds solely for the development of perpetually affordable housing and to leverage additional funds for such purpose. 

Sec. 5.503.  Economic development (Sec. 2.507; #7120010000)

     (a)  Of this appropriation, $50,000 shall be granted to the City of Burlington for the Burlington International Airport Aviation Technical Education Feasibility study. 

Sec. 5.504.  CARRY FORWARD; COMMISSION ON INTERNATIONAL TRADE AND STATE SOVEREIGNTY

(a)  Notwithstanding other provisions of law to the contrary, funds appropriated to the commission on international trade and state sovereignty shall carry forward until expended and shall not revert to the general fund at the end of a fiscal year.

Sec. 5.505.  STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT

     (a)  Findings. The general assembly finds:

          (1)  The general assembly created the commission on the future of economic development (CFED) in Sec. 16 of No. 184 of the Acts of 2006.  At this time of reduced revenue, the general assembly is unable to fund the commission’s mandated tasks.

          (2)  The general assembly recognizes the work done to date and values the public engagement process initiated by CFED as a valuable tool for the long term economic planning for the state.

     (b)  Authorization and directions.

          (1)  The general assembly authorizes CFED to finish the public engagement strategy pursued by the commission and produce a white paper that summarizes the commission’s work, especially concentrating on the regional development corporations, their plans and public outreach to all parts of the state. Also, the paper shall include the commission’s development of  benchmark processes and other recommendations and analyses begun since the commission’s creation in December of 2006. The paper shall be submitted to the agency of commerce and community development, and to the chairs of the senate committee on economic development, housing and general affairs and the house committee on commerce no later than September 1, 2008.  For this purpose, $20,000 of funding is available from the appropriation in Sec. 2.507 of this act.

          (2)  The general assembly authorizes the agency of commerce and community development, in collaboration with other agencies involved with economic development planning, to temporarily perform the long term economic planning function for the state until an appropriate organization is designated for this function and money is appropriated to support it.

     (c)  Strategic plan.

          (1)  The secretary of the agency of commerce and community development shall present a strategic plan for economic development to the governor, the senate committee on economic development, housing and general affairs and the house committee on commerce by January 15, 2009 with biennial reporting on outcomes and progress in succeeding years and with a full review and update of the plan every six years.  The strategic plan shall:

               (A)  review the techniques and products of evaluations of economic development utilized by other states;

               (B)  develop goals and recommendations for Vermont benchmarks that build on the unique strengths and challenges of conducting business in Vermont;

               (C)  identify a cohort of relevant comparables, considering both domestic and international examples;

               (D)  establish meaningful, realistic and verifiable goals for economic development;

               (E)  evaluate Vermont’s economic development benchmarking;

               (F)  identify and evaluate the strengths, weaknesses and opportunities inherent in and available to the Vermont economy as well as the mechanisms and leverage points in which to invest resources to achieve the goals established in the plan;

               (G)  recommend policy initiatives to be considered at the state and local levels designed to improve the relative ability of the state to achieve the goals identified in the plan.

          (2)  To inform the development of the strategic plan, the secretary of commerce and community development shall utilize the results of the public engagement process of the council on the future of economic development.  The secretary shall consider the recommendations of the report “The Green Economy and Environmental Enterprises in Vermont: Opportunities for the 21st Century” by the Greater Burlington Industrial Corporation, and the results of the Vermont Council on Rural Development’s Council on the Future of Vermont.  The secretary shall consider and draw upon other work already completed by other states and by the various regions of Vermont that can inform the development of the plan.  The secretary shall also consider and draw upon studies, work and analyses pertaining to economic development of non-profit organizations that enhance and support the social infrastructure necessary for economic development.

Sec. 5.601.1  EMERGENCY SURFACE TREATMENT PROGRAM

     (a)  There is authorized a special $3 million program within the agency of transportation, to be known as Emergency Surface Treatment Program  to improve the condition of selected state highways and class 1 town highways that have incurred some of the worst damage caused by the severe winter weather of 2007-2008. 

     (b)  The agency of transportation through its maintenance districts will identify state highways and class 1 town highways to which the agency of transportation can make simple, cost-effective repairs designed to last more than one year and which will improve the traveling experience for several years to come. 

     (c)  To implement the Emergency Surface Treatment Program authorized in subsection (a) of this section, the following transfers, appropriations adjustments, reversions are specified in fiscal year 2008:

          (1)  Notwithstanding 32 V.S.A. § 706, the secretary of transportation may transfer balances of fiscal year 2008 appropriations not to exceed $388,162  within or between the department of motor vehicles and divisions or sections of the agency of transportation. The secretary shall report on any balances transferred to the joint transportation oversight committee meeting in September 2008.

          (2)  Notwithstanding 19 V.S.A. §10g (h), the secretary of transportation is authorized to add additional class 1 town highway paving projects to the extent that funds are available from savings in approved capital projects in the transportation program.

          (3)  Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in transportation fund:

               (A)  town highway emergency fund                                $690,000

               (B)  policy and planning                                                 $300,000

               (C)  town highway bridge                                              $330,969

               (D)  department of motor vehicles                                  $100,000

               (E)  rail                                                                      $1,296,451

          (4)  Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in federal funds:

               (A)  town highway bridge                                              $902,400

          (5 )  Fiscal year 2008 transportation appropriations shall be increased by the following amounts:

               (A)  program development                                         $2,027,838

          (6)  Notwithstanding any other provisions of law, in fiscal year 2008 the following amounts shall revert to the transportation fund from the accounts indicated:

               (A)  8100001900 Transportation - town highway Vermont local

roads                                                                                           $ 37,838.

          (7)   Notwithstanding any other provisions of law, in fiscal year 2008:

               (1)  $72,580 shall be transferred from the downtown development transportation and related capital improvement fund established by 24 V.S.A. § 2796 to the transportation fund.

          (8)   Notwithstanding any other provisions of law, in fiscal year 2008:

               (1)  $1,000,000 shall be transferred from the central garage fund to the transportation fund.

     (d) To implement the Emergency Surface Treatment Program authorized in (a) of this section, the following transfers, appropriations adjustments, reversions are specified in fiscal year 2009:

          (1)  The transportation – program development operating expenses appropriation shall be reduced by $500,000 in transportation fund.

          (2) In addition to the transfer pursuant to 19 V.S.A. § 13 (c) but notwithstanding any other provisions of law, in fiscal year 2009:

               (A) $500,000 shall be transferred to the central garage fund from the transportation fund.

Sec. 5.602.  GENERAL OBLIGATION BONDS

(a)  The state treasurer is authorized to issue general obligation bonds in the amount of $5,200,000 for the purpose of funding capital construction projects in the state’s approved fiscal year 2009 transportation program.

(b)  The state treasurer, with the approval of the governor, shall determine the appropriate form and maturity of the bonds authorized by this section consistent with the underlying nature of the appropriation to be funded.

(c)  The state treasurer shall allocate the estimated cost of bond issuance or issuances to the entities to which funds are appropriated pursuant to this section and for which bonding is required as the source of funds pursuant to 32 V.S.A. § 954.

(d)  It is the intent of the general assembly that future debt service for bonds authorized by this section shall be paid from the transportation fund.

Sec. 5.603.  BOND PROCEEDS

(a)  The sum of $5,200,000, less issuance costs, is appropriated to the agency of transportation program development appropriation 8100001100 from the bond revenue generated in Sec. 5.602 of this act, and the secretary shall allocate the funds to approved capital projects in the fiscal year 2009 transportation program.

Sec. 5.604.   AVAILABILITY OF BOND PROCEEDS

(a)  The sums appropriated and the spending authority authorized by Secs. 5.602 and 5.603 of this act shall be continuing and shall not revert at the end of the fiscal year.

Sec. 5.604.1.  FISCAL YEAR 2009 TRANSPORTATION FUND SHORTFALL FUNDING ADJUSTMENTS

     (a)  The bond issuance authority in Sec. 5.602 of this act in combination with issuance authority granted in any other legislation shall not exceed the capital debt affordability committee recommendations for the fiscal year 2009.  appropriations within S. 365 shall take precedence.

     (b)  The transportation fund appropriations within this act shall not exceed available transportation fund revenue and shall be adjusted prior to final action by the House and Senate.

Sec. 5.605  [DELETED] 

Sec. 5.801.  FISCAL YEAR 2009 NEXT GENERATION FUND ALLOCATIONS (Sec. 2.801)

(a)  The $7,000,000 appropriated in subsection (b) of Sec. 2.801 of this act from the next generation initiative fund, created in 16 V.S.A. § 2887, shall be as follows:

(1)  Workforce development $3,050,000 as follows:

(A)  Workforce Education Training Fund (WETF).  The sum of  $1,300,000 is appropriated to the Vermont workforce education and training fund, which is administered by the department of labor, for workforce development. Up to seven percent (7%) of the funds may be used for administration of the program.

(B)  Vermont employment training fund.  The sum of $650,000 is appropriated to the agency of commerce and community development. This appropriation is for the Vermont employment training fund for the issuance of grants pursuant to 10 V.S.A. § 531.

(C)  Career and Alternative Workforce Education.  The amount of $475,000 is appropriated to the department of labor. This appropriation shall be to support out-of-school youth, youth at risk, and youth at risk of remaining unemployed with outcomes that lead to employment or continued education as follows:

(i)  Forty-five percent (45%) shall be for grants to regional technical centers, comprehensive high schools, and other programs for career exploration programs for students entering grades 7 through 12.

(ii)  Fifty-five percent (55%) shall be for grants to regional technical centers, comprehensive high schools, the community high school of Vermont, and non-profit organizations, designated by the workforce development council, for alternative and intensive vocational/academic programs for secondary students in order to earn necessary credits toward graduation.

(D)  Adult Technical Education Programs.  The amount of $475,000 is appropriated to the department of labor, working with the workforce development council. This appropriation is for the purpose of awarding grants to regional technical centers and comprehensive high schools to provide adult technical education, as that term is defined in 16 V.S.A. § 1522, to unemployed and underemployed Vermont adults.

(E)  UVM Technology Transfer Program.  The amount of $200,000 is appropriated to the University of Vermont. This appropriation is for patent development and commercialization of technology created at the university for the purpose of creating employment opportunities for Vermont residents.

(2)  Loan repayment $450,000 as follows;

(A)  The sum of $450,000 is appropriated to the agency of human services global commitment for the department of health to use for health care loan repayment. The department shall use these funds for a grant to the area health education centers (AHEC) for repayment of commercial or governmental loans for postsecondary health care-related education or training owed by persons living and working in Vermont in the health care field.

(3)  Scholarships and grants $3,550,000 as follows;

(A)  Non-degree VSAC Grants. The amount of $700,000 is appropriated to the Vermont student assistance corporation. This appropriation shall be for the purpose of providing non-degree grants to Vermonters to improve job skills and increase overall employability enabling them to enroll in a post-secondary education or training program, including adult-technical education that is not part of a degree or accredited certificate program.  A portion of this appropriation shall be used for grants for indirect educational expenses to students enrolled in training programs.  The grants shall not exceed $3,000 per student.  None of this appropriation shall be used for administrative overhead.

(B)  The sum of $2,500,000 is appropriated for awarding need-based scholarships to Vermont residents.  The first $150,000 shall be distributed to the Vermont student assistance corporation to fund the national guard educational assistance program established in 16 V.S.A. § 2856.  $783,333 shall be distributed to the university of Vermont, $783,333 to the Vermont state colleges, and $783,333 to the Vermont student assistance corporation.  The Vermont student assistance corporation shall reserve these funds for students attending institutions other than the university of Vermont or the Vermont state colleges. None of the $2,500,000 appropriation shall be used for administrative overhead.

(C)   Dual Enrollment Programs.  The sum of $250,000 is appropriated to the Vermont state colleges for dual enrollment programs. The state colleges shall develop a voucher program that will allow Vermont students to attend programs at a postsecondary institution other than the state college system when programs at the other institution are better academically or geographically suited to student need.

(4)  Accountability.  On or before March 15, 2009, the entities receiving appropriations under this section shall report to the house committees on commerce, education, and appropriations and the senate committees on economic development, housing and general affairs, education, and appropriations regarding the distribution of funds, the number and categories of students served, the categorical number and amount of scholarships and grants distributed, the geographic distribution of the funds, and the number and types of jobs created.

     (b)  If the $1,000,000 of contingent funding for next generation in Sec. 5.803(a)(4)(B) of this act is available for the next generation program, the $1,000,000 shall be used to increase the allocations above as specified in this subsection.  If less than $1,000,000 is available the amounts in this subdivision shall be pro-rated accordingly:

          (1)  $400,000 for Workforce development as follows:

               (A)  $250,000 to the Workforce Education Training fund,

               (B)  $100,000 to the Vermont employment training fund

               (C)  $50,000 to the UVM Technology Transfer Program,

          (2)  $50,000 for  Loan repayment

          (3)  $550,000 for Scholarships and grants as follows:

               (A)  $50,000 for Non-degree VSAC Grants,

               (B)  $500,000 for need-based scholarships distributed $166,667 each to the university of Vermont, Vermont state colleges, and Vermont student assistance corporation.

Sec. 5.801.1.  WORKFORCE TRAINING; PERFORMANCE ACCOUNTABILITY

     (a)  Annual report.  On or before January 15 each year, the commissioners of labor, & economic development shall jointly file with the joint fiscal committee a performance accountability report, prepared as set forth in this section. 

     (b)  Filing of data.  Entities receiving grants through the workforce education and training fund (WETF) and the job training fund (JTP) shall provide the Social Security numbers of each individual who has successfully completed a training program funded through the WETF within 30 days.  On or before July 1 of each year, the department of labor shall process the information received within the most recent 12 months and prepare the report required in subsection (a) of this section.

     (c)  Analysis of data.  The report required in subsection (a) of this section shall include a table that sets forth  quarterly wage information received pursuant to 21 V.S.A. § 1314a at least 18 months following the date on which the individuals completed the program of study.  The table shall include the number of individuals completing the program the number of those individuals who are employed in Vermont, and the median quarterly income of those individuals. 

     (d) Other entities, including public and private institutions of higher education, postsecondary and secondary programs, and other training providers who wish to participate in this reporting process may do so by making a request in writing to the commissioner of labor who shall make a decision regarding inclusion of such programs, and the process for the collection of the necessary data.

     (e)  Confidentiality.  Notwithstanding any other provision of law, the departments of labor and economic development shall collect the Social Security numbers of students for the purposes of this section.  Access to the Social Security numbers provided to the department of labor shall be limited to those department individuals creating the table required in subsection (c) of this section and shall be confidential.  The department shall prepare the tables in a way that ensures the confidentiality of all trainee and employer information.  A department employee who intentionally communicates or otherwise makes available to the general public a Social Security number collected pursuant to this section, or who otherwise disseminates the number for purposes other than those specified in this section, shall be subject to the penalties of the Social Security Number Protection Act, 9 V.S.A. § 2440.

Sec. 5.802.  [DELETED] 

Sec. 5.803.  FISCAL YEAR 2008 GENERAL FUND BALANCE AND SETTLEMENT DISPOSITION

     (a)  At the close of fiscal year 2008, the fiscal year 2008 unreserved and undesignated general fund balance on a budgetary basis, as determined by the commissioner of finance and management on July 31, 2008, to the extent funds are available shall be reserved as follows:

          (1)  First, shall be reserved in the general fund budget stabilization reserve, established in 32 V.S.A. § 308, to the extent necessary to attain its statutory maximum;

          (2)  Second, $18,775,000 shall be reserved in the general fund surplus reserve established in 32 V.S.A. § 308c(a);

          (3)  Third, any additional funds, to the extent available in the following order, shall be appropriated or transferred as follows:

          (A)  $450,000 shall be appropriated to the secretary of state to fund expenses of the 2008 election;

               (B)  $5,400,000 is appropriated to the agency of human services for Global Commitment;

               (C)  $1,500,000 is appropriated to the State teachers’ retirement system

          (4)  Fourth, any additional funds, to the extent available in the following order, shall be appropriated or transferred as follows:

               (A)  $2,000,000 transferred to the transportation fund to offset fund shortfalls caused by the April revenue revision;

               (B)  $2,000,000 to be evenly transferred and appropriated to provide, in addition to other appropriations, up to $1,000,000 each to the housing conservation trust fund under 10 V.S.A. §312 and the next generation fund under 16 V.S.A. §2887; and

               (C)  $6,000,000 shall be reserved in the general fund to meet fiscal year 2009 fuel assistance funding needs.

          (5)  Fifth, any remaining balance shall be held in the general fund surplus reserve for fiscal year 2009 budget adjustment needs.  

     (b)  Up to $7,240,000 of any fiscal year 2009 litigation settlements received by the general fund by September 30, 2008, less any settlements received after April 1, 2008 in fiscal year 2008, shall be appropriated or transferred in accordance with the funding priorities in subsection (a)(3) through (5) of this section.  Settlements received after September 30, 2008 shall remain in the general fund.

Sec. 5.901.  Sec. 114 of No. 71 of the Acts of 2005, as amended by Sec. 273 of No. 65 of the Acts of 2007, is further amended to read:

Sec. 114.  HUMAN SERVICES CASELOAD RESERVE TRANSFER/LOAN

(a)  From the human services caseload reserve, $1,300,000 shall be transferred to the general fund to offset caseload and transition expenditures for services at the Vermont state hospital. The secretary of administration and the secretary of human services shall ensure that these funds are repaid to the caseload reserve on or before July 1, 2009.

Sec. 5.902.  Sec. 26 of No. 30 of the Acts of 2007 is amended to read: (Sec. 2.228)

Sec. 26.  EFFECTIVE DATES; IMPLEMENTATION

(a)  This act shall take effect upon passage for the purposes of adopting rules and rule modifications.

(b)  The amendments to 33 V.S.A. chapter 11 contained in Secs. 2-13 (Reach Up), 14 (solely state‑funded programs), and 16 (Reach Up transitions) of this act shall take effect immediately when the rule changes necessary to implement the sections become final, but no later than April 1, 2008.  Until the time that the rule modifications are final, the Reach Up program shall operate under current law.  Any provisions in these sections relating to Reach Ahead shall take effect on October 1, 2008 April 1, 2009.

* * *

(d)  Reach First established in Sec. 1 of this act shall be implemented no later than April 1, 2008.  Reach Ahead established in Sec. 18 shall be implemented for families who leave Reach Up on or after April 1, 2009 as provided for in 33 V.S.A. § 1203(1) no later than October 1, 2008.  Subject to appropriation, Reach Ahead shall be implemented for all other families as provided for in 33 V.S.A. § 1203 no later than April 1, 2009 July 1, 2009.

* * *

Sec. 5.903.  Sec. 2(c) of No. 71 of the Acts of 2007 is amended as follows:   

(c)  After submission of the application, the agency shall determine if the applicant meets full eligibility requirements.  Beginning January 1, 2008, October 1, 2009 if the individual is found eligible for the Vermont health access plan, the agency shall, subject to approval from the center for Medicare and Medicaid services, provide payment for any services received by the individual beginning with the date the application was received by the agency.

Sec. 5.904.  REPEAL

(a)  Sec. 3 of  No. 86 of the Acts of 1969 (lieutenant governor’s expenses to be paid from legislative appropriation) is repealed.

(b)  Sec. 225 of No. 65 of the Acts of 2007 (unified economic development budget) is repealed. 

(c)  20 V.S.A. § 38(a)(3) (radiological emergency response plan) is repealed.

Sec. 5.905.  STATUTORY REVISION AUTHORITY; STATE GOVERNMENT REPORTS

     (a)  The legislative council, in accordance with its statutory revision authority under section 424 of Title 2, is directed to revise those Vermont statutes, that relate to state reporting requirements, and that appear on a list that the house committee on government operations, and that the senate committee on government operations, shall approve in identical form.

Sec. 6.000.  9 V.S.A. § 4551 is amended to read:

§ 4551.  HUMAN RIGHTS COMMISSION; MEMBERS; COMPENSATION

* * *

     (c)  A member of the commission whose term has expired or who resigned during a term shall be eligible to act as an alternate at the request of the executive director of the commission if necessary to convene a quorum of the commission to act upon complaints pursuant to section 4554 of this title.  An alternate shall only participate in the consideration of complaints at meetings attended and shall not be involved in setting the policies of the commission. 

(d)  Each member of the commission, including an alternate who is called to act, shall receive compensation as provided by 32 V.S.A. § 1010 with a maximum of $1,000.00 a year, and shall be entitled to expenses actually and necessarily incurred in the performance of his or her duties.

(d)(e)  Three members of the commission shall constitute a quorum.

Sec. 6.001.  9 V.S.A. § 5613(b)  is amended to read:

(b)  There is hereby created a fund to be known as the securities regulation and supervision fund. The fund shall be used for the purpose of providing the commissioner the means to administer the provisions of this chapter, and for the support of the corporate records division and other corporate regulatory activities of the office of the secretary of state and the activities of the department of economic development. All agent and investment adviser representative fees received pursuant to subsections 5410(b) and (d) of this title, and all examination fees and investigation expenses received pursuant to section 5614 of this title shall be transmitted to the state treasurer and credited to this fund. All payments from the securities regulatory and supervision fund for the maintenance of staff and associated expenses, including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the commissioner of finance and management, after receipt of proper documentation regarding services rendered and expenses incurred. The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32.

Sec. 6.002.  10 V.S.A. § 1941(a) is amended to read:

(a)  A fund to be known as the petroleum cleanup fund is created in the state treasury, to be expended by the secretary of the agency of natural resources. The fund shall consist of licensing fees and petroleum tank fees assessed under the provisions of this chapter, loan repayments, and disbursements that have been recovered, except for underground storage tank permit fees and licensing fees for tank inspectors.  The fund shall have two accounts: the motor fuel account and the heating fuel account.  The motor fuel account shall consist of all moneys deposited into the fund, with the exception of the licensing fees for heating oil and kerosene described in section 1942 of this title.  The heating fuel account shall consist of all the moneys deposited into the fund from the licensing fees for heating oil and kerosene sold or used in the state. All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund.  The secretary may transfer money, in each fiscal year, between the accounts, provided that the transfer is approved by the advisory committee established under subsection (e) of this section and does not exceed $250,000.00 $750,000.00.  Interest earned by the fund shall be deposited into the fund.  Disbursements from the fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management.  The secretary shall seek to recover from responsible parties costs incurred under subdivision (b)(8) of this section.

Sec. 6.003.  10 V.S.A. § 2624 is amended to read:

§ 2624.  MARKED TIMBER SALES

(a)  The department of forests, parks and recreation may provide marked timber to Vermont citizens for personal use at a reasonable price to be determined by the secretary of the agency of natural resources.

(b)  The commissioner of forests, parks and recreation may establish a firewood for homes program.  As part of this program, the commissioner shall:

(1)  designate areas of state-owned lands, situated at various locations throughout the state, that will be available to members of the general public for harvesting firewood for purposes of heating their own homes.

Sec. 6.003.1.  [DELETED]

Sec. 6.004.  16 V.S.A. § 1565(b)(1)(C) is amended to read:

               (C)  Adult service coordinators’ salary assistance shall be not exceed 50 percent of  the state average salary for and benefits paid to a full-time adult service coordinator; salary assistance shall be prorated for part time adult service coordinators actual salaries and benefits. Payment under this subsection does not preclude a district from using other state and federal grants to supplement the actual salaries and benefits of adult service coordinators.

Sec. 6.005.  19 V.S.A. § 11a. is amended to read:

§ 11a.  Transportation funds appropriated for support of government

The maximum amount of transportation funds that may be appropriated for the support of government, other than for the agency of transportation, the transportation board, transportation pay act funds, construction of transportation capital facilities used by the agency of transportation, and transportation debt service shall not exceed $35,007,219. $33,852,807.

Sec. 6.006.  22 V.S.A. § 724 is amended to read:

§ 724.  Historic sites special fund

(a)  There is hereby established a fund to be known as the historic sites operations special fund.  This fund will be managed pursuant to subchapter 5 of chapter 7 of Title 32 and used by the division for historic preservation to carry out the provisions of 22 V.S.A. §§ 723(a)(9) and 723(b)(1).  Revenues to the fund shall be from the following sources:

* * *

(3)  Gifts, grants, and other donations and moneys from any other source received for historic sites, specimens, or the Vermont archeology heritage center;

* * *

Sec. 6.007.  22 V.S.A. § 725 is amended to read:

§ 725.  Acceptance of funds or gifts for historic sites and Vermont archeology heritage center with the approval of the secretary of administration, the state historic preservation officer may accept grants, gifts, donations, loans, or other things of value on behalf of the division for historic preservation for use by the division for historic preservation in establishing and maintaining displays and exhibits at any historic site and at the Vermont archeology heritage center, or restoring any historic site maintained and developed under section 723 of this chapter.

Sec. 6.008.  22 V.S.A. § 903(c)(1) is amended to read:

(c)(1)  The commissioner shall contract enter into a grant agreement with the Vermont information technology leaders (VITL), a broad-based health information technology advisory group that includes providers, payers, employers, patients, health care purchasers, information technology vendors, and other business leaders, to develop the health information technology plan, including applicable standards, protocols, and pilot programs. In carrying out their responsibilities under this section, members of VITL shall be subject to conflict of interest policies established by the commissioner to ensure that deliberations and decisions are fair and equitable.

Sec. 6.009.  32 V.S.A. § 111 is added to read:

§ 111.  Financial literacy trust fund

(a)  There is hereby established and created a fund entitled the financial literacy trust fund to be administered by the state treasurer.  The purpose of the fund is to promote the adoption of fiscally sound money management practices by Vermonters through education and outreach efforts that raise awareness of the need for and benefits of practicing such skills; and to create opportunities to build and encourage the development of new financial literacy activities and educational products for Vermont citizens.

(b)  The fund may receive state appropriations, gifts, grants, federal funds, and any other funds, both public and private, consistent with this section.  The funds may be expended for financial literacy projects as the treasurer may direct, in accordance with the trust fund provisions of section 462 of this title 32.

(c)  The treasurer may invest monies in the fund in accordance with the provisions of section 434 of this title 32. All balances in the fund at the end of the fiscal year shall be carried forward and shall not revert to the general fund. Interest earned shall remain in the fund.  The treasurer's annual financial report to the governor and the general assembly shall contain an accounting of receipts, disbursements and earnings of the fund.

Sec. 6.010.  32 V.S.A. § 305a(a) is amended to read:

§ 305a.  Official state revenue estimate

(a)  On or about January 15 and again by July 31 of each year, and at such other times as the emergency board or the governor deems proper, the joint fiscal office and the secretary of administration shall provide to the emergency board their respective estimates of state revenues in the general, transportation, education, Catamount, state health care resources, and Global Commitment funds, and revenues from the gross receipts tax under 33 V.S.A. § 2503. The January revenue estimate shall be for the current and next two succeeding fiscal years, and the July revenue estimate shall be for the current and immediately succeeding fiscal years. Federal fund estimates shall be provided at the same times for the current fiscal year.

Sec. 6.011.  32 V.S.A. § 703 is amended to read:

§ 703.  Unexpended appropriations

The unexpended and unencumbered balances of any sums appropriated by the general assembly shall annually at the end of the fiscal year, unless otherwise specially specifically provided, be covered into the state treasury on July 1 revert to the appropriate fund balance. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.

Sec. 6.011.1.  32 V.S.A. § 3709 is amended to read:

§ 3709. PILOT SPECIAL FUND

     (a) There is hereby established a PILOT special fund consisting of local option tax revenues paid to the treasurer pursuant to 24 V.S.A. § 138. This fund shall be managed by the commissioner of taxes pursuant to subchapter 5 of chapter 7 of this title. Notwithstanding subdivision 588(3) of this title, all interest earned on the fund shall be retained in the fund for use in meeting future obligations. The fund shall be exclusively for payments required under subchapter 4 of chapter 123 of this title, state payment in lieu of property taxes  and for any additional state  payments in lieu of taxes for correctional facilities and to the City of Montpelier. The commissioner of finance and management may draw warrants for disbursements from this fund in anticipation of receipts.

     (b) If the PILOT special fund is insufficient to pay the full amount of all payments in lieu of taxes under subchapter 4 of this chapter, payments then, after application of the cap in subsection 3703(c) of this title, payments determined under sections 3703 and 3708 of this subchapter shall be reduced proportionately.

Sec. 6.012.  33 V.S.A. § 1203 is amended to read:

§ 1203.  Eligibility

A family shall be eligible for Reach Ahead if the family resides in Vermont and:

(1)  has left Reach Up or the postsecondary education program within the prior six months for unsubsidized employment that meets the work requirements for the Reach Up program for the family's size and composition and meets the financial eligibility guidelines for the Vermont Health Access Program;

Sec. 6.013.  33 V.S.A. § 1211 is amended to read:

§ 1211.  Recertification

A family's income and hours of employment and other countable work activities shall be verified every six months to determine continuing eligibility for the program. To the extent possible for families receiving food stamps, income verification may be done at the same time as the food stamps recertification or verification of employment hours.

* * *

Sec. 6.014.  [DELETED]

Sec. 6.015.  [DELETED]

Sec. 6.016.  33 V.S.A. § 1984(c)(1) is amended to read:

(c)(1)  For the lowest cost plan, an individual's contribution shall be:

(A)  Income less than or equal to 200 percent of FPL: $60.00 $65.00 per month.

(B)  Income greater than 200 percent and less than or equal to 225 percent of FPL: $90.00 $105.00 per month.

(C)  Income greater than 225 percent and less than or equal to 250 percent of FPL: $110.00 $135.00 per month.

(D)  Income greater than 250 percent and less than or equal to 275 percent of FPL: $125.00 $160.00 per month.

(E)  Income greater than 275 percent and less than or equal to 300 percent of FPL: $135.00 $185.00 per month.

(F)  Income greater than 300 percent of FPL: the actual cost of Catamount Health.

Sec. 6.016.1  33 V.S.A. § 1974 is amended to read:

* * *

     (j)  The premium contributions for individuals shall be as follows:

          (1) Monthly premiums for each individual who is eligible for the Vermont Health Access Plan shall be the same as charged in the Health Access Plan. 

          (2) Monthly premiums for each individual who is not eligible for the Vermont Health Access Plan shall be:

               (A)  Income less than or equal to 200 percent of FPL:  $65.00 per month.

               (B)  Income greater than 200 percent and less than or equal to 225 percent of FPL:  $105.00 per month.

               (C)  Income greater than 225 percent and less than or equal to 250 percent of FPL:  $135.00 per month.

               (D)  Income greater than 250 percent and less than or equal to 275 percent of FPL:  $160.00 per month.

               (E)  Income greater than 275 percent and less than or equal to 300 percent of FPL:  $185.00 per month.

Sec. 6.017.  33 V.S.A. § 2073(d)(2) is amended to read:

(2)  An individual shall contribute the following base cost-sharing amounts which shall be indexed to the increases established under 42 C.F.R. § 423.104(d)(5)(iv) and then rounded to the nearest dollar amount:

(A)  In the case of recipients whose household income is no greater than 150 percent of the federal poverty level, such premium shall be $17.00 $13.00 per month or $156.00 per year in the case of recipients whose household income is no greater than 150 percent of the federal poverty level.

(B)  In the case of recipients whose household income is greater than 150 percent of the federal poverty level and no greater than 175 percent of the federal poverty level, the premium shall be $23.00 $17.00 per month or $204.00 per year in the case of recipients whose household income is greater than 150 percent of the federal poverty level and no greater than 175 percent of the federal poverty level.

(C) In the case of recipients whose household income is greater than 175 percent of the federal poverty level and no greater than 225 percent of the federal poverty level, the premium shall be $50.00 $35.00 per month or $420.00 per year in the case of recipients whose household income is greater than 175 percent of the federal poverty level and no greater than 225 percent of the federal poverty level.

* * *

Sec. 6.018.  33 V.S.A. § 2074 is amended to read:

§ 2074.  Vermont-Rx program

* * *

(c)  Benefits under Vermont-Rx shall be subject to payment of a premium amount by the recipient in accordance with the provisions of this section.

(1)  In the case of recipients whose household income is no greater than 150 percent of the federal poverty level, such the premium shall be $13.00 $17.00 per month.

(2)  In the case of recipients whose household income is greater than 150 percent of the federal poverty level and no greater than 175 percent of the federal poverty level, the premium shall be $17.00 $23.00 per month.

(3)  In the case of recipients whose household income is greater than 175 percent of the federal poverty level and no greater than 225 percent of the federal poverty level, the premium shall be $35.00 $50.00 per month.

(d)  Any manufacturer of pharmaceuticals purchased by individuals receiving assistance from Vermont-Rx established under this section shall pay to OVHA, as a condition of participation in the program, a rebate in an amount at least as favorable as the rebate paid to OVHA in connection with the Medicaid program.

(e)  Under Vermont-Rx, a pharmaceutical may be dispensed to an eligible recipient provided such dispensing is pursuant to and in accordance with any contractual arrangement that OVHA may enter into or approve for the group discount purchase of pharmaceuticals.  When a person or business located in Vermont and employing citizens of this state has submitted a bid for the group discount purchase of pharmaceuticals and has not been selected, the director of OVHA shall record the reason for nonselection.  The director's report shall be a public record available to any interested person.  All bids or quotations shall be kept on file in the director's office and open to public inspection.

Sec. 6.019.  33 V.S.A. § 2501a(b) is amended to read:

(b)  The responsibilities of the office of home energy assistance shall include:

* * *

(7)  Coordinating with Vermont housing finance agency and Vermont economic development authority in establishing income, efficiency and administrative guidelines for the energy efficiency loan program.

Sec. 6.019.1.   33 V.S.A. § 6321 is amended to read:

§. 6321.  Attendant care services

* * *

     (f)  Personal care attendants Workers who provide attendant care, as defined in program rules of the department of disabilities, aging, and independent living, personal care, companion care, respite care, or support services to persons who receive financial assistance from the agency of human services through its departments and offices, and whose payroll service is provided directly by the state or by an intermediary payroll service organization acting under the authority of the state are exempt from 21 V.S.A. § 342 and shall not be construed as state employees except for purposes of 21 V.S.A. chapters 9 and 17.

     (g)  The state may provide workers' compensation coverage to workers who provide attendant care, personal care, companion care, respite care, or support services to persons who receive financial assistance from the agency of human services through programs administered by its departments and offices, and whose payroll service is provided directly by the state or by an intermediary payroll service organization acting under the authority of the state.  The state or its intermediary payroll service organization shall be considered a single entity for purposes of purchasing a single workers' compensation insurance policy providing coverage for such workers.

     (h)  Subsections (f) and (g) of this section are intended to permit the state to provide workers' compensation and unemployment compensation and shall not be considered for any other purposes.

Sec. 6.020.  [DELETED] 

Sec. 6.021.  32 V.S.A. chapter 241 is added to read:

CHAPTER 241.  HEALTH IT-FUND

§ 10301.   HEALTH IT-FUND

(a)  The Vermont health IT-fund is established in the state treasury as a special fund to be a source of funding for medical health care information technology programs and initiatives such as those outlined in the Vermont health information technology plan administered by the Vermont Information Technology Leaders (VITL).  One hundred percent of the fund shall be disbursed for the advancement of health information technology adoption and utilization in Vermont as appropriated by the general assembly, less any disbursements relating to the administration of the fund.  The fund shall be used for the development of programs and initiatives sponsored by VITL and state entities designed to promote and improve health care information technology, including:

(1)  a program to provide electronic health information systems and practice management systems for primary care practitioners in Vermont;

(2)  financial support for VITL to build and operate the health information exchange network;

(3)  implementation of the Blueprint for Health information technology initiatives and the advanced medical home project; and

(4)  consulting services for installation, integration, and clinical process re-engineering relating to the utilization of healthcare information technology such as electronic medical records.

(b)  The health IT-fund shall be administered by the secretary of administration or his or her designee.

(c)  Into the fund shall be deposited:

(1)  revenue from the reinvestment fee imposed on health insurers pursuant to section 4089k of Title 8;

(2)  contributions from the office of Vermont health access, as appropriated by the general assembly; and

(3)  the proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the general assembly.

(d)  The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.  All monies received by or generated to the fund shall be disbursed solely as allowed by appropriation of the general assembly.

(e)  VITL and any other entity requesting disbursements from the health IT-fund shall develop a detailed annual plan for proposed expenditures from the health IT-fund for the upcoming fiscal year.  The expenditure plan shall be included within the context of the entity’s overall budget, including all revenue and expenditures.  Beginning with the fiscal quarter commencing October 1, 2008, VITL and any other entity requesting disbursements from the health IT-fund shall submit proposed quarterly spending plans for review and approval by the secretary of administration and the commission on health care reform until such time as the general assembly may review the annual expenditure plans submitted for fiscal year 2009.  Upon the general assembly beginning its consideration of the expenditure plans for fiscal year 2009, this quarterly plan requirement shall cease.

(f)  The plan developed under subsection (e) of this section shall be submitted to the secretary of administration or his or her designee, who shall then submit his or her recommendations on the plan to the general assembly.

(g)  The secretary of administration or his or her designee shall submit an annual report on the receipts, expenditures, and balances in the health IT-fund to the joint fiscal committee at its September meeting and to the commission on health care reform by October 1.  The report shall include information on the results of an annual independent study of the effectiveness of programs and initiatives funded through the health IT-fund, with reference to a baseline, benchmarks, and other measures for monitoring progress and including data on return on investments made.

(h)  VITL and any other beneficiary receiving funding shall submit quarterly expenditure reports to the secretary of administration and the health care reform commission, including a year-end report by August 1.

(i)  Any primary care practitioner receiving an electronic health information system, practice management system, or both pursuant to subdivision (a)(1) of this section shall maximize usage of such system in accordance with the guidelines developed by VITL.  A practitioner who is determined by VITL to be using the system to less than its full capacity shall be provided with an opportunity for additional instruction as needed to enable full usage of the system.  If a practitioner is unwilling or unable to utilize the system to its full capacity, such practitioner shall refund to VITL the fair market value of the system.

Sec. 6.022.  8 V.S.A. § 4089k is added to read:

§ 4089k.  HEALTH CARE INFORMATION TECHNOLOGY REINVESTMENT FEE

(a)  Quarterly, beginning October 1, 2008, each health insurer shall pay a fee into the health IT-fund established in section 962 of Title 2.  The health insurer may choose either of the following fee options:

(1)  0.199 of one percent of all medical claims paid by the health insurer for its Vermont members in the previous fiscal quarter, or

(2)  a fee calculated by the department of banking, insurance, securities, and health care administration, in consultation with the secretary of administration, based on the insurer’s estimated fair share of all Vermont private insurance claims.  Such fee shall be subject to annual audit, with any surplus or shortfall in the amount collected adjudicated in the following fiscal quarter and bearing no interest or penalty to any party.

(b)  It is the intent of the general assembly that all health insurers shall contribute equitably to the health IT-fund established in section 962 of Title 2.  In the event that the fee established in subsection (a) of this section is found not to be enforceable as applied to third party administrators who administer self-insured plans, the fee amounts owed by all other health insurers shall remain at existing levels and the general assembly shall consider alternative funding mechanisms that would be enforceable as to all health insurers.

(c)  As used in this section:

(1)  “Health insurance” means any group or individual health care benefit policy, contract, or plan offered, issued, or renewed to a Vermont resident or to a non-resident employed in this state, including any health care benefit plan offered, issued, or renewed by any health insurance company, any nonprofit hospital and medical service corporation, or any managed care organization as defined in section 9402 of Title 18.  It does not include any state health care assistance program financed in whole or in part through a federal program, unless authorized by federal law and approved by the general assembly, nor does it apply to coverage for specified disease or other limited benefit policies that only provide fixed indemnity coverage.

(2)  “Health insurer” means any person who offers, issues, or renews a health insurance policy, contract, or plan, and includes third party administrators who administer self-insured plans.  The term does not apply to coverage for specified disease or other limited benefit policies that only provide fixed indemnity coverage or to stand alone dental benefit carriers.

(d)  No later than June 30, 2011, the secretary of administration, or his or her designee, shall assess the adequacy of funding and make recommendations to the commission on health care reform concerning the appropriateness of the duration of the health care information technology reinvestment fee.

Sec. 6.023.  [DELETED] 

Sec. 6.024.  16  V.S.A. § 2959a. (f) is amended to read:

     (f)  Up to 20  30 percent of Medicaid reimbursements received under this section shall be available for agency of human services and department of education administrative costs related to the collection, processing, and reporting of education Medicaid reimbursements and statewide programs.  The commissioner of education and the secretary of human services shall expend monies from the fund only as appropriated by the general assembly.

Sec. 6.025.  30 V.S.A. § 7054 is amended to read:

§ 7054. FUNDING

* * *

     (e)  Disbursements may be made for:

          (1)  Nonrecurring costs, including but not limited to establishing public safety answering points, purchasing network equipment and software, developing data bases, and providing for initial training and public education.

          (2)  Recurring costs, including but not limited to network access fees and other telephone charges, software, equipment, data base management and improvement, public education, ongoing training and equipment maintenance.

          (3)  Expenses of the board and the department of public service incurred under this chapter.

          (4)  Costs solely attributable to statewide public safety answering point operations.

          (5)  Personnel costs for department of public safety emergency dispatch answering points.

     (f)  Disbursements may not be made for:

          (1)  Personnel costs for emergency dispatch answering points.

          (2)  Construction, purchase, renovation or furnishings for buildings at emergency dispatch points.

          (3)(2)  Two-way radios.

          (4)(3)  Vehicles and associated equipment.

Sec. 6.026.  4 V.S.A. § 27 amended to read:

§ 27. Court technology special fund

     There is established the court technology special fund which shall be managed in accordance with subchapter 5 of chapter 7 of Title 32.  Administrative fees collected pursuant to 13 V.S.A. § 7252 and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this fund.  The fund shall be available to the judicial branch to pay for contractual and operating expenses and projected related staffing not covered by the general fund related to the following:

     (1)  The acquisition and maintenance of software and hardware needed for case management, electronic filing, a electronic document management system, and the expense of implementation, including training.

     (2)  The acquisition and maintenance of electronic audio and video court recording and conferencing equipment.

     (3)  The acquisition, maintenance, and support of the judiciary's information technology network, including training.

Sec. 7.001.  FINDINGS AND INTENT

(a)  The general assembly finds that:

(1)  Vermont’s incarcerated population is growing at an unsustainable rate.

(2)  Property and drug offenders are the fastest growing segment of the prison population.  Between 2000 and 2006, over half the increase in the felony prison population was due to property and substance abuse offenses.

(3)  Seventy-seven percent of those sentenced for a property or drug felony have a substance abuse disorder.  Two-thirds of them report having received mental health treatment in the past.  Fifty-five percent report being frequently unemployed prior to incarceration.

(4)  Of those incarcerated for a property or drug felony, only 13 percent are receiving treatment.

(b)  The general assembly further finds that:

(1)  Each month approximately 70 inmates meet the criteria for reentering the community under the supervision of the commissioner of corrections on conditional reentry status.  However, almost half are not released because of insufficient housing options.

(2)  Studies show that the length of sentences served by offenders does not affect their recidivism rates.  Therefore, current law authorizes the commissioner of corrections to release certain offenders on reintegration furlough 90 days prior to the minimum sentence date.  However, on average, eligible inmates serve only 53 days in reintegration furlough status.  If all those who are eligible serve the full 90 days of reintegration status, the result could be a savings of up to 90 corrections beds.

(c)  Therefore, in order to reduce recidivism, increase public safety, and reduce the cost to the state of incarcerating offenders, it is the intent of the general assembly to increase substance abuse treatment services, vocational training, and transitional housing available to offenders; and establish processes for reducing incarceration time when appropriate.

(d)  It is further the intent of the general assembly that the provisions of this act are a long-range plan to guide expenditures from additional corrections savings in future years.

(e)  The general assembly recognizes and values the dedication and experience of the classified state employees of the department of corrections, whose skill and expertise will continue to be needed as the department continues to pursue its goals and mission.

(f)  The general assembly intends the following results from the restructuring necessary to achieve the cost savings required for this act:

(1)  The incumbents in the five classified positions that will be eliminated at Northwest State Correctional Facility shall continue to be employed at that facility in classified positions that are vacant, unless the incumbents voluntarily seek employment in other state positions or leave state service.

(2)  The temporary and exempt superintendent positions at the Dale facility shall be eliminated.

(3)  An incumbent in a classified position that will be eliminated at the Dale facility who does not accept any existing vacant classified position and who exercises the contractual right to fill an existing temporary position at any department facility shall receive his or her classified position base salary and the benefits of the bargaining unit to which that temporary position would be assigned if permanent, with the exceptions of scheduling days of work, shift assignment, and post assignment.  The rights established by this subdivision shall be available until January 1, 2011, or until an affected employee accepts an existing classified position, whichever occurs first.

(4)  Except as otherwise provided in this section, all existing state employee contract provisions and protections shall remain fully in force for any affected corrections employee covered by the contract.

Sec. 7.002.  28 V.S.A. § 1(b) is amended to read:

(b)  The department shall formulate its programs and policies recognizing that almost all criminal offenders ultimately return to the community, and that the traditional institutional prisons fail to reform or rehabilitate, operating instead to increase the risk of continued criminal acts following release.  The department shall develop and implement a comprehensive program which will provide necessary closed custodial confinement of frequent, dangerous offenders, but which also will establish as its primary objective the disciplined preparation of offenders for their responsible roles in the open community.  The department shall ensure that the comprehensive program required by this subsection includes a process by which each offender sentenced to any term of imprisonment other than for life without parole, within 30 days after receiving his or her sentence, shall begin to develop and implement a plan preparing for return to the community.  The department shall assess each offender for substance abuse treatment needs using an assessment tool designed to assess the suitability of a broad range of treatment services and shall use the results of this assessment in preparing the reentry plan.  The department may assess an offender sentenced to a minimum term of more than five years later than 30 days after the offender receives the sentence but shall assess the offender at least within a year of the offender’s receiving the sentence.

Sec. 7.003.  28 V.S.A. § 102(b) is amended to read:

(b)  The commissioner is charged with the following powers:

* * *

(5)  To order the assignment and transfer of persons committed to the custody of the commissioner to correctional facilities, including out-of-state facilities.

* * *

Sec. 7.004.  28 V.S.A. § 202 is amended to read:

§ 202.  POWERS AND RESPONSIBILITIES OF THE COMMISSIONER REGARDING PROBATION

The commissioner shall be charged with the following powers and responsibilities regarding the administration of probation:

(1)  To maintain general supervision of persons placed on probation, and to prescribe rules and regulations, consistent with any orders of the court, governing the conduct of such persons;

(2)  To supervise the administration of probation services and establish policies and standards and make rules and regulations regarding probation investigation, supervision, case work and case loads, record keeping, and the qualification of probation officers.  The commissioner may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on probation.  Transdermal alcohol monitoring equipment shall be used for such purposes as preventing persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways.  

Sec. 7.005.  28 V.S.A. § 205 is amended to read:

§ 205.  PROBATION

(a)(1)  After passing sentence, a court may suspend all or part of the sentence and place the person so sentenced in the care and custody of the commissioner upon such conditions and for such time as it may prescribe in accordance with law or until further order of court.

(2)  The term of probation for misdemeanors shall be for a specific term not to exceed two years unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(3)(A)  The term of probation for nonviolent felonies shall not exceed the statutory maximum term of imprisonment for the offense unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(B)  As used in this subdivision, "nonviolent felonies" means an offense which is not:

(i)  a listed crime as defined in subdivision 5301(7) of Title 13; or

(ii)  an offense involving sexual exploitation of children in violation of chapter 6 of Title 13.

(4)  Nothing in this subsection shall prevent the court from terminating the period of probation and discharging a person pursuant to section 251 of this title.

(5)  The probation officer of a person on probation for a specific term shall review the person's case file during probation and, not less than 45 days prior to the expiration of the probation term, may file a petition with the court requesting the court to extend the period of probation for a specific term not to exceed one year in order to provide the person the opportunity to complete programming consistent with special conditions of probation.  A hearing on the petition for an extension of probation under this subsection shall comply with the procedures set forth in Rule 32.1 of the Vermont Rules of Criminal Procedure.

(b)  The victim of a listed crime as defined in 13 V.S.A. § 5301(7) for which the offender has been placed on probation shall have the right to request, and receive from the department of corrections information regarding the offender's general compliance with the specific conditions of probation. Nothing in this section shall require the department of corrections to disclose any confidential information revealed by the offender in connection with participation in a treatment program.

(c)(1)  Unless the court in its discretion finds that the interests of justice require additional standard and special conditions of probation, when the court orders a specific term of probation for a qualifying offense, the only conditions of probation shall be that the probationer:

(A)  register with the department of corrections’ probation and parole office in his or her district;

(B)  notify the probation officer of his or her current address each month; and

(C)  not have probable cause found for a criminal offense during the term of probation.

(2)  As used in this subsection, “qualifying offense” means:

(A)  Unlawful mischief under 13 V.S.A. § 3701.

(B)  Retail theft under 13 V.S.A. §§ 2575 and 2577.

(C)  Operating after suspension or revocation of license under 23 V.S.A. § 674(a).

(D)  Bad checks under 13 V.S.A. § 2022.

(E)  Theft of services under 13 V.S.A. § 2582.

(F)  Disorderly conduct under 13 V.S.A. § 1026, unless the original charge was a listed offense as defined in 13 V.S.A. § 5301(7).

(G)  Theft of rented property under 13 V.S.A. § 2591.

(H)  Operation without consent of owner under 23 V.S.A. § 1094(a).

(I)  Petit larceny under 13 V.S.A. § 2502.

(J)  Negligent operation of a motor vehicle under 23 V.S.A. § 1091(a).

(K)  False reports to law enforcement under 13 V.S.A. § 1754.

(L)  Setting fires under 13 V.S.A. § 508.

(M)  A first offense of a minor’s misrepresenting age, procuring, possessing, or consuming liquors under 7 V.S.A. § 657.

(N)  Simple assault by mutual consent under 13 V.S.A. § 1023(b).

(O)  Unlawful trespass under 13 V.S.A. § 3705(a).

(P)  A first offense of possession under 18 V.S.A. § 4230(a)(1).

Sec. 7.006.  28 V.S.A. § 252(b) is amended and (d) is added to read:

(b)  When imposing a sentence of probation, the court may, as a condition of probation, require that the offender:

* * *

(16)  Satisfy any other conditions reasonably related to his or her rehabilitation.  The court shall not impose a condition prohibiting the offender from engaging in any legal behavior unless the condition is reasonably related to the offender’s rehabilitation.

(d)  The commissioner shall review the record of each probationer serving a specified term during the month prior to the midpoint of that probationer’s specified term and may file a motion requesting the sentencing court to dismiss the probationer from probation or deduct a portion of the specified term from the period of probation if the offender has successfully completed a program or has attained a goal or goals specified by the conditions of probation.  The commissioner may include in the motion a request that the court deduct a portion of the specified term for each condition completed or goal attained. Any motion under this section shall be made at the sole discretion of the commissioner pursuant to a rule adopted by the commissioner under 3 V.S.A. chapter 25.

Sec. 7.007.  28 V.S.A. § 256 is added to read:

§ 256.  CASELOAD CAPACITY; HIGH RISK OFFENDERS

(a)  Probation officers designated to work exclusively with offenders 21 years of age and younger shall have caseloads of no more than 25 youths.

(b)  The department shall review the severity of offenses and assess the risk to reoffend of all offenders older than 21 years of age under its jurisdiction in the community and assign one of the following levels of supervision to each offender: 

(1)  Risk management supervision, which shall mean supervision at a level of intensity that includes case planning and measures to reduce risk of reoffense.

(2)  Response supervision, which shall mean monitoring of the offender’s compliance with conditions of probation or parole, including staff responding to violation behavior.

(3)  Administrative supervision, which shall mean monitoring of the offender’s address and compliance with the law. 

(c)  An offender may be reassigned to a lower supervision level after a reassessment of the offender’s risk.

(d)  The department shall establish the following probation officer caseload ranges for offender profiles:

(1)  All listed offenders requiring risk management shall be supervised at no more than 45 offenders per probation officer.

(2)  All nonlisted offenders requiring risk management shall be supervised at no more than 60 offenders per probation officer.

(3)  All offenders requiring response supervision shall be supervised at no more than 150 offenders per probation officer.

(4)  All offenders requiring administrative supervision may be supervised on caseloads consistent with the capacity of automated status reporting systems as established by the department.

(5)  When there is a mixed profile caseload in which a single probation officer supervises offenders with different supervision levels and at least one-third of the offenders require a more intensive supervision demand than the other offenders, the caseload shall be supervised at the lowest level of offender-to-staff ratio. 

(e)  If the caseloads established in subsection (d) of this section are exceeded for longer than 120 days, the commissioner shall be authorized to designate community correctional officers to partially augment staffing caseloads.  If such designation does not remedy the excess caseloads:

(1)  The commissioner shall report to the joint corrections oversight committee the causes for the excess and proposals for addressing them.

(2)  The department shall have the authority, if the commissioner believes that the excess will not be eliminated within 60 days, to hire persons from the states position vacancy pool as limited service employees for an initial period of up to one year.  The initial period may be extended for up to two more years if the department deems it necessary.

(f)  Each time a position is established under subdivision (e)(2) of this section, the commissioner shall report it at the next meeting of the joint corrections oversight committee.  The costs for each position shall be presented in the department’s budget adjustment proposal and, if the positions are necessary for an ongoing period, in the department’s annual budget request.

Sec. 7.008.  28 V.S.A. § 403(1) is amended to read:

(1)  To supervise and control persons placed on parole, subject to the rules and orders of the parole board as to the conditions of parole.  The commissioner may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on parole.  Transdermal alcohol monitoring equipment shall be used for such purposes as preventing persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways;

Sec. 7.009.  28 V.S.A. § 723(c) is added to read:

(c)  Prior to release under this section, the department shall screen and, if appropriate, assess each felony drug and property offender for substance abuse treatment needs using an assessment tool designed to assess the suitability of a broad range of treatment services, and it shall use the results of this assessment in preparing a reentry plan.  The department shall attempt to identify all necessary services in the reentry plan and work with the offender to make connections to necessary services prior to release so that the offender can begin receiving services immediately upon release. 

Sec. 7.010.  28 V.S.A. § 808(a)(8) is amended to read:

(8)  To prepare for reentry into the community.

* * *

(E)  An offender incarcerated for driving while under the influence of alcohol under 13 V.S.A. § 1210(d) or (e) may be furloughed to the community up to 180 days prior to completion of the minimum sentence at the commissioner’s discretion and in accordance with rules adopted pursuant to subdivision (C) of this subdivision (8), provided that an offender sentenced to a minimum term of fewer than 270 days shall not be eligible for furlough under this subdivision until the offender has served at least 90 days of his or her minimum term of incarceration and provided that the commissioner uses electronic equipment to monitor continually the offender’s location and blood alcohol level.

(F)  Prior to release under this subdivision (8), the department shall screen, and if appropriate, assess each felony drug and property offender for substance abuse treatment needs using an assessment tool designed to assess the suitability of a broad range of treatment services, and it shall use the results of this assessment in preparing a reentry plan.  The department shall attempt to identify all necessary services in the reentry plan and work with the offender to make connections to necessary services prior to release so that the offender can begin receiving services immediately upon release. 

Sec. 7.011.  28 V.S.A. § 808(b) is amended to read:

(b)  An inmate granted a furlough pursuant to this section may be accompanied by an employee of the department, in the discretion of the commissioner, during the period of the inmate's furlough.  The department may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on furlough.

Sec. 7.012.  33 V.S.A. § 708 is amended to read:

§ 708.  TREATMENT AND SERVICES

* * *

(d)  A person judged by a law enforcement officer to be incapacitated, and who has not been charged with a crime, may be lodged in protective custody in a lockup or community correctional center secure facility not operated by the department of corrections for up to 24 hours or until judged by the person in charge of the facility to be no longer incapacitated, if and only if:

(1)  The person refuses to be transported to an appropriate facility for treatment, or if once there, refuses treatment or leaves the facility before he or she is considered by the responsible staff of that facility to be no longer incapacitated; or

(2)  No approved substance abuse treatment program with detoxification capabilities and no staff physician or other medical professional at the nearest licensed general hospital can be found who will accept the person for treatment.

(e)  No person shall be lodged in a lockup or community correctional center secure facility not operated by the department of corrections under subsection (d) of this section without first being evaluated by a substance abuse crisis team, a designated substance abuse counselor, a clinical staff person of an approved substance abuse treatment program with detoxification capabilities or a professional medical staff person at a licensed general hospital emergency room and found to be indeed incapacitated.

(f)  No lockup or community correctional center secure facility not operated by the department of corrections shall refuse to admit an incapacitated person in protective custody whose admission is requested by a law enforcement officer, in compliance with the conditions of this section.

(g)  Notwithstanding subsection (d) of this section, a person under 18 years of age who is judged by a law enforcement officer to be incapacitated and who has not been charged with a crime shall not be held at a lockup or community correctional center. If needed treatment is not readily available the person shall be released to his or her parent or guardian.  If the person has no parent or guardian in the area, arrangements shall be made to house him or her according to the provisions of chapter 55 of this title.  The official in charge of an adult jail or lockup shall notify the director of the office of drug and alcohol abuse of any person under the age of 18 brought to an adult jail or lockup pursuant to this chapter.

(h)  If an incapacitated person in protective custody is lodged in a lockup or community correctional center secure facility not operated by the department of corrections, his or her family or next of kin shall be notified as promptly as possible.  If the person is an adult and requests that there be no notification, his or her request shall be respected.

(i)  A taking into protective custody under this section is not an arrest.

(j)  Law enforcement officers or persons responsible for supervision in a lockup or community correctional center secure facility not operated by the department of corrections or members of a substance abuse crisis team or designated substance abuse counselors who act under the authority of this section are acting in the course of their official duty and are not criminally or civilly liable therefor, unless for gross negligence or willful or wanton injury.

Sec. 7.013.  33 V.S.A. § 708a is added to read:

§ 708a.  INCARCERATION FOR INEBRIATION PROHIBITED

No person who has not been charged with a crime shall be incarcerated in a facility operated by the department of corrections on account of the person’s inebriation.

Sec. 7.014.  TRANSITION UNITS

(a)  The general assembly intends in this act to provide the opportunity for a successful transition to offenders who are eligible for release into the community.

(b)  The department of corrections shall establish a transition unit within the Northwest State Correctional Facility which enables inmates to work in the community while residing in the facility.  The unit shall be modeled on the transition unit at the Chittenden Regional Correctional Facility.

(c)  The department shall make every effort to incorporate a transition unit into any facility where renovations are necessary to implement the provisions of this act.

(d)  The department shall report to the corrections oversight committee on or before September 30, 2008, on the implementation of this section, including a plan for establishing transition units at all state correctional facilities.   

Sec. 7.015.  BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEARS 2009 AND 2010

(a)  Findings.  Department of corrections expenditures on correctional services including out-of-state beds grew from $93,255,650.00 in fiscal year 2004 to $120,533,309.00 in fiscal year 2008.  The amount of funding proposed for fiscal year 2009 is $123,589,833.00.  This rate of increase has been and remains unsustainable.

(b)  Action.  In order to reduce the unsustainable increases in the expenditures of the department of corrections, the following action shall be taken by the executive branch:

(1)  In fiscal year 2009, the Dale Correctional Facility in Waterbury shall be closed.

(2)  In fiscal year 2009, the mission of the Southeast State Correctional Facility in Windsor shall change to be a therapeutic community in a work camp model, consistent with any further directive set forth in the 2008 Capital Construction Act, S.365.

(3)  In fiscal year 2009, sections of the Northwest State Correctional Facility in Swanton shall be closed and the facility otherwise configured to house and program women, with consideration given to housing male detainees, consistent with any further directive set forth in the 2008 Capital Construction Act, S.365.

(c)  Goal; fiscal year 2009.  It is the goal of the general assembly to achieve in the fourth quarter of fiscal year 2009 approximately $600,000.00 in savings in the department of corrections budget, which will be reinvested in substance abuse screening, assessment, treatment, and reentry support, the goal of which is to reduce recidivism for the target group indentified in Sec. 1(a) of this act.

(d)  Goal; fiscal year 2010.  It is the goal of the general assembly to achieve in fiscal year 2010 approximately $3,044,949 in savings in the department of corrections budget, some of which will be reinvested in a variety of effective programs to further reduce recidivism for the target group indentified in Sec. 1(a) of this act. 

Sec. 7.016b.  ANTICIPATED BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEAR 2009 

(a)  In the last quarter of fiscal year 2009, from within the amounts appropriated to the department of corrections from the general fund, the department shall reinvest $600,000.00 as follows:

(1)  the amount of $150,000.00 shall be used to fund substance abuse programs and vocational training in a state work camp facility;

(2)  the amount of $450,000.00 shall be transferred to the secretary of human services and used to fund the following activities:

(A)  $200,000.00 shall be used to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates; and

(B)  $250,000.00 shall be used to expand the availability of public inebriate beds outside the department of corrections.

(b)  The joint fiscal office shall track and report to the joint fiscal committee in January and July of 2009 savings in the corrections budget resulting from the provisions of this act.

Sec. 7.017.  ANTICIPATED BUDGETARY SAVINGS ALLOCATIONS IN FISCAL YEAR 2010

In fiscal  year 2010, from within the amounts appropriated to the department of corrections from the general fund, the department shall reinvest a portion of the savings identified by either the commissioner of corrections or the corrections oversight committee as follows:

(1)  $150,000.00 to increase the capacity of the department of corrections’ intensive substance abuse program (ISAP), which provides services on an intensive out-patient basis;

(2)  $150,000.00 to expand the ISAP program to include a community based residential substance abuse treatment component for those who have been furloughed to the community pursuant to 28 V.S.A. § 808(a)(7);

(3)  $150,000.00 to enter into contracts with several community-based substance abuse treatment providers in different geographic regions of the state and to provide the substance abuse treatment services to persons on conditional reentry status pursuant to subchapter 1A of chapter 11 of Title 28;

(4)  $650,000.00 to provide vocational training and residential substance abuse programs in one or more state-owned and -operated work camps;

(5)(A)  $1,200,000.00 to provide grants to community providers to increase by 60 the number of beds available for at least 120 offenders who will be staying in the transitional housing for three to six months before reentering the community on furlough pursuant to 28 V.S.A. § 808 or conditional reentry, pursuant to subchapter 1A of chapter 11 of Title 28, provided that the new transitional housing shall include a range from lightly supervised with no treatment programs to heavily supervised with wrap-around treatment programs, and that $200,000.00 of this amount shall be used to provide life skills programming. 

(B)  To the extent that the purposes identified in subdivision (A) of this subdivision (5) can be accomplished without using all of the funds appropriated in that subdivision, the department may use up to $200,000.00 of the appropriation to expand housing readiness, search, and retention services, housing assistance funding which may be granted to housing authorities and other community agencies in response to requests for proposals or memorandums of understanding entered into in accordance with department policy and directives; and

(6)  $211,000.00 to purchase electronic monitoring equipment, including automated voice recognition telephone equipment, global position monitoring system bracelets, and transdermal alcohol monitoring equipment; the commissioner shall use the equipment to augment supervision of offenders on probation, parole, or furlough and to enhance the capacity of field staff to monitor and control offenders who would otherwise be incarcerated;  

(7)  $110,000.00 for recovery centers; and

(8)(A)  $200,000.00 shall be transferred to the secretary of human services to expand the capacity of community alcohol and substance abuse prevention and treatment providers to provide services, including services to public inebriates.

(B)  $200,000.00 shall be transferred to the secretary of human services to fund the establishment of a pilot program at a location approved by the court administrator to:

(i)  conduct a voluntary and confidential screening and assessment, when screening indicates that an assessment is appropriate, for substance abuse and mental health treatment needs at the time of arraignment of individuals charged with felony property, drug, or fraud offenses;

(ii)  conduct a mandatory screening and assessment, when screening indicates that an assessment is appropriate, for substance abuse and mental health treatment needs following adjudication and prior to sentencing of individuals found guilty of felony property, drug, or fraud offenses;

(iii)  provide the results of any screening and assessment conducted under this section to the judge following adjudication and prior to sentencing so that the judge can use the information to determine the level of treatment to be provided while the individual is in the custody of the commissioner of corrections; and

(iv)  enable the commissioner to gather data regarding the prevalence of co-occurring substance abuse and mental health disorders.

Sec. 7.018.  STATEWIDE DRUG COURT STUDY

The court administrator, the defender general, the executive director of the department of state’s attorneys and sheriffs, the deputy commissioner of the department of health in charge of the alcohol and drug abuse, and the commissioner of mental health shall report to the house and senate committees on judiciary by December 15, 2008, on the advisability and feasibility of expanding the drug court program to every county in the state.  The report shall address:

(1)  the financial costs of expanding the drug court program statewide;

(2)  the workforce impact which a statewide expansion of the program would have and whether new staff would be required;

(3)  whether current state facilities have the capacity to support statewide expansion and whether and where any new facilities would be required; and

(4)  any other matter deemed relevant to the issue of statewide drug court expansion.    

Sec. 7.019.  PUBLIC INEBRIATES TASK FORCE

(a)  A public inebriates task force is established.  The task force shall consist of the following members:

(1)  Two members employed by the office of alcohol and drug abuse appointed by the commissioner of the department of health.

(2)  Two substance abuse treatment providers appointed by the substance abuse treatment providers association.

(3)  One member appointed by the department of public safety.

(4)  One member appointed by the Vermont police association.

(5)  One member appointed by the Vermont League of Cities and Towns.

(6)  Two members appointed by the Vermont medical society who shall be hospital emergency room personnel.

(7)  Two members appointed by the Vermont recovery network.

(8)  Two employees of the department of corrections appointed by the commissioner of the department of corrections.

(b)  The task force shall report to the senate and house committees on judiciary, institutions, and appropriations no later than January 1, 2009 with a plan to ensure that public inebriates are given appropriate care rather than incarcerated.  The plan shall ensure the regional availability of supportive voluntary and secured accommodations for public inebriates by January 1, 2010, and shall include a timetable for providing reimbursement of expenses to programs that house and maintain public inebriates.

Sec. 7.020.  ACCOUNTABILITY; REPORTS

(a)  On or before January 15, 2010, the commissioner of corrections shall report to the senate committee on judiciary, the house committee on institutions and corrections, and the house committee on judiciary on:

(1)  the prevalence of co-occurring mental health and substance abuse disorders among those committed to the custody of the commissioner of corrections;

(2)  the success of and problems encountered in:

(A)  expanding the ISAP program pursuant to Sec. 6(c)(1) of this act:

(B)  implementing the pilot program authorized and funded in Sec. 6(c)(3) of this act, as well as recommendations for continuing the program or expanding the program or both; and

(C)  developing reentry plans which identify services needed upon release and in working with community providers to ensure that each offender receives those services immediately upon release;

(3)  the progress made since passage of this act in establishing a comprehensive system of community substance abuse treatment services which is coordinated with corrections services;

(4)  a proposal to increase the furlough days for nonlisted offenders from the existing average of 53 to a target of 75. 

(b)  The department of corrections shall upon passage of this act manage  existing furlough procedures to create the same amount of financial savings that the department would have realized had this act made it mandatory to furlough offenders 90 days prior to completion of the offenders’ minimum sentence.

(c)  On or before January 15, 2011, the commissioner of corrections shall report to the senate committee on judiciary, the house committee on institutions and corrections, and the house committee on judiciary on the successes of and problems encountered in working to meet the following goals with the funds provided and through the programs established in this act:

(1)  increase by at least 30 the number of offenders with sentences of one or more years placed in the department of corrections’ intensive substance abuse program (ISAP) pursuant to 28 V.S.A. § 808(a)(7);

(2)  move at least 10 offenders who are in the intensive phase of receiving ISAP services under 28 V.S.A. § 808(a)(7) and who are unsuccessful and would otherwise be reincarcerated to a community-based residential substance abuse treatment program which may be a component of ISAP;

(3)  incarcerate no more than 20 percent of offenders who are receiving substance abuse treatment services under 28 V.S.A. § 808(a)(7); 

(4)  reduce by 10 percent the number of reincarcerations of those on conditional reentry with a high need for substance abuse treatment;

(5)  increase the number of inmates released on furlough, pursuant to 28 V.S.A. § 808, by 25 individuals per month; and

(6)  increase the average number of days released on reintegration furlough pursuant to 28 V.S.A. § 808(a)(8) prior to the minimum sentence to as close to 90 days as possible. 

(d)  Until the corrections oversight committee informs the commissioner that it no longer requires the information, the commissioner of corrections shall include in monthly reports to the committee:

(1)  the number of inmates eligible for furlough under 28 V.S.A. § 808 and considered appropriate for release by the commissioner but who have not been released because the commissioner is unable to find appropriate housing, employment, treatment, or other services;

(2)  which treatment or other services would have been necessary and in which geographic region the services would have been needed, to enable release; and

(3)  the number of days of incarceration that could have been avoided if the community resources had been available and these offenders had been released.

(4)  a detailed description of the progress made on increasing the use of electronic monitoring as authorized by 28 V.S.A. § 202, 28 V.S.A. § 403(1) and 28 V.S.A. § 808(b). 

(e)  On or before January 15, 2011, the court administrator's office, in consultation with the office of alcohol and drug abuse programs in the Vermont department of health, the department of corrections, the defender general, and the executive director of the department of state’s attorneys and sheriffs shall report to the senate and house committees on judiciary on the costs, cost savings, and effectiveness of the pilot project established pursuant to Sec. 17(a)(8)(B) of this act and shall make a recommendation as to the continuation of the pilot project and its expansion to other counties.

(f)  The joint fiscal office and office of finance and management shall jointly document the impact of the policies and provisions of this act on corrections costs and shall report their findings to the general assembly on or before January 15, 2010, and in January of each year for five years thereafter.

(g)  The Vermont center for justice research shall study and evaluate the effectiveness of the system of administrative probation established by subsection 2059(c) of Title 28, including whether the people who receive such probation commit further offenses, and the nature of those offenses.  The center shall report its evaluation of administrative probation to the senate and house committees on judiciary on or before December 15, 2011.

Sec. 9.001.  EFFECTIVE DATES

(a)  This section and Secs. 3.001, 3.002, 4.003, 4.004(b), 5.006(a), 5.010, 5.109, 5.208, 5.216, 5.601.1, 5.802(a), 5.803, 6.006, 6.007, 6.015, 6.024, and 6.025 of this act shall take effect on passage.

(b)  Sec. 5.101(b) shall take effect June 8, 2008.

(c)  Sec. 5.207.1 shall apply as of July 1, 2006.

(d)  Sec. 5.801.1 shall take effect upon passage and shall begin to apply to data concerning individuals completing a program of study on or before July 1, 2008 and after, and will be included in reports presented to the joint fiscal committee beginning January 2010 and after.

     (e)  Secs. 7.012, 7.013, 7.014 shall take effect on July, 1, 2010.

(f)  Sec. 6.022 shall sunset July 1, 2015.

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

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Heath of Westford moved that the House 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. Heath of Westford

Rep. Hunt of Essex

Rep. Helm of Castleton

Recess

At five o’clock and forty minutes in the evening, the Speaker declared a recess until the fall of the gavel.

At seven o’clock fifteen minutes in the evening, the Speaker called the House to order.

Message from the Senate No. 60

     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 a bill originating in the House of the following title:

H. 891.  An act relating to making appropriation for 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.

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 on its part considered the Governor’s veto of a Senate bill of the following title:

S. 278.  An act relating to financing campaigns.

     And has passed the same, the refusal of the Governor to approve notwithstanding.

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

H. 203.  An act relating to increasing the amount of an estate to which a surviving spouse is entitled when the deceased spouse dies without a will.

H. 436.  An act relating to miscellaneous amendments to local election and municipal government laws.

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

The Senate has considered House proposal of amendment to Senate bill of the following title:

S. 233.  An act relating to temporary officiants for marriages and civil unions.

And has concurred therein.

The Senate has considered House proposals of amendment to the following Senate bills and has refused to concur therein and asks for Committees of Conference upon the disagreeing votes of the two Houses to which the President announced the appointment as members of such Committees on the part of the Senate:

S. 241.  An act relating to the special veteran and gold star registration plates.

          Senator Collins

          Senator Mazza

          Senator Scott

S. 342.  An act relating to Lake Champlain commemorative motor vehicle plates.

          Senator Kittell

          Senator Mazza

          Senator Collins

Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on the following House bills the President announced the appointment as members of such Committees on the part of the Senate:

H. 635.  An act relating to reports of child abuse or neglect.

          Senator Racine

          Senator Flanagan

          Senator Mullin

H. 636.  An act relating to embezzlement by a public official.

          Senator Mullin

          Senator Sears

          Senator Campbell

The Governor has informed the Senate that on the twenty second day of April, 2008, he approved and signed a bill originating in the Senate of the following title:

S. 222.  An act relating to the safe haven exception to the crime of abandonment..

 

 

 

Proposal of Amendment Agreed to; Third Reading Ordered

S. 354

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

An act relating to public agency deferred compensation plans;

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

      In Sec. 2, 3 V.S.A. § 651(f), by striking the last sentence in its entirety and inserting in lieu thereof the following: “An investment program established by the teachers’ board shall be optional for public agencies set forth in subdivision 650(4)(C) of this title.  The public agency shall be the trustees of its plans created under Subsection 403(b) of the Internal Revenue Code.

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.

Senate Proposal of Amendment Concurred in

With a Further Amendment Thereto

H. 748

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

     An act relating to permitting students to possess and self-administer emergency medication;

Sec. 1.  16 V.S.A. § 1387 is added to read:

§ 1387.  POSSESSION AND SELF-ADMINISTRATION OF EMERGENCY MEDICATION

(a)  Pursuant to the requirements of this section, each public and approved independent school in the state shall permit students with life-threatening allergies or with asthma to possess and self-administer emergency medication during the school day, on school grounds, at school-sponsored activities, on school-provided transportation, and during school-related programs.

(b)  In each school year for which possession and self‑administration of emergency medication is requested, the student’s parent or guardian shall provide the school with:

(1)  Written authorization, on a form to be provided by the school, for the student to possess and self-administer emergency medication. 

(2)  Written documentation from the student’s physician:

(A)  Stating that the student has one or more life-threatening allergies or asthma or both.

(B)  Providing the name of the emergency medication, the dosage, and the times and circumstances under which the medication is to be taken.

(C)  Affirming that the student:

(i)  Is capable of, and has been instructed by the physician in, the proper method of self-administration of the emergency medication.

(ii)  Has been advised of possible side-effects of the medication.

(iii)  Has been informed of when and how to access emergency services.

(D)  Affirming that the student has been instructed to inform the school nurse or another school employee or agent immediately after
self-administering the emergency medication.

(c)  In each school year for which possession and self‑administration of

emergency medication is requested, the student’s parent or guardian shall:

(1)  Develop, in consultation with the school nurse or the designated health care staff at an approved independent school, a plan of action regarding responding to the student’s life‑threatening allergy or allergies or asthma.  The plan of action shall be based upon the written documentation provided by the student’s physician and shall include the name of each emergency medication, the dosage, and the times and circumstances under which the medication is to be taken.  The written plan shall prominently state that the medication is solely for the use of the student covered by the plan. 

(2)  It shall be the responsibility of the student’s parent or guardian to provide a copy of the plan of action to any school employee or agent responsible for the student before or after the normal hours of the school day; provided, however, it shall be the school’s responsibility to give a copy of the plan to the drivers of a bus providing routine transportation between the student’s home and the school, regardless of whether the transportation is operated by the school or is a service for which it contracts.

(d)  The student’s parent or guardian shall sign a statement on a form to be provided by the school, releasing the school and its employees and agents, including volunteers, from liability as a result of any injury arising from the student’s self-administration of the emergency medication, except when the conduct of the school, school employee, or agent would constitute gross negligence, recklessness, or intentional misconduct. 

(e)  Nothing in this section shall prohibit a public school district or an approved independent school from adopting school policies and individual plans of action regarding the possession and self-administration of emergency medication for medical conditions other than asthma and life-threatening allergies.

Sec. 2.  EFFECTIVE DATE

This act shall apply during the 2008–2009 academic year and after.

     Pending the question, Shall the House concur in the Senate proposal of amendment? Rep. Clark of Vergennes moved that the House concur in the Senate proposal of amendment with a further amendment thereto as follows:

First:  In Sec. 1, § 1387(a), by striking the words “during the school day” and inserting in lieu thereof the words “at school

Second:  In Sec. 1, § 1387(b)(2), by striking subdivision (D) in its entirety

Third:  In Sec. 1, § 1387(c), by striking the following: “shall:  (1)  Develop” and inserting in lieu thereof the words “shall develop

and by striking subdivision (2) in its entirety

and immediately following the sentence “The written plan shall prominently state that the medication is solely for the use of the student covered by the plan.” by adding two new sentences to read as follows:  “The parties developing the plan of action shall determine both to whom the plan, or notification of the plan, shall be given and the person or persons responsible for doing so.  The plan may include a requirement that the student notify a school employee or agent after self-administering emergency medication. 

     Which was agreed to.

Bill Amended, Read Third Time and Passed

H. 659

House bill, entitled

An act relating to approval of the adoption of the charter of the town of Enosburg;

Was taken up and pending third reading of the bill, Rep. Manwaring of Wilmington moved to amend the bill as follows:

     In Sec. 3, by striking “upon passage” and inserting in lieu thereof “on March 3, 2009

Which was agreed to.  Thereupon, the bill was read the third time and passed.

Third Reading; Bills Passed

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

H. 892

House bill, entitled

An act relating to approval of amendments to the charter of the village of Enosburg Falls;

H. 893

House bill, entitled

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

Third Reading; Bills Passed in Concurrence

Bills of the following titles were severally taken up and passed in concurrence.

S. 89

Senate bill, entitled

An act relating to permitting payment of rent into court pursuant to a commercial lease;

S. 368

Senate bill, entitled

An act relating to the addition of new types of disinfectants to public water systems.

Third Reading; Bill Passed in Concurrence

With Proposals of Amendment

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

S. 107

Senate bill, entitled

An act relating to mapping class four town highways and trails and mass discontinuances of unmapped town highways.

S. 171

Senate bill, entitled

An act relating to discharge of a mortgage by an attorney.

S. 201

Senate bill, entitled

An act relating to state employee whistleblower protection.

S. 283

Senate bill, entitled

An act relating to managed care organizations and the blueprint for health.

S. 313

Senate bill, entitled

An act relating to a license to store and ship wine.

S. 322

Senate bill, entitled

An act relating to the Vermont Dairy Promotion Council.

S. 372

Senate bill, entitled

An act relating to evictions, unpaid rent and abandoned property in rental property.

Joint Resolution Read Third Time and Adopted

J.R.H. 59

Joint resolution, entitled

Joint resolution urging secondary school and post secondary educators and administrators to collaborate on accelerated learning opportunities for Vermont high school students;

Was taken up read the third time and adopted on the part of the House.

Joint Resolution Adopted in Concurrence

J.R.S. 64

Joint resolution, entitled

Joint resolution in observance of the 2008 National Crime Victims’ Rights Week.;

Was taken up read and adopted in concurrence.

Proposal of Amendment Agreed to; Third Reading Ordered

S. 336

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

An act relating to juvenile judicial proceedings;

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

First:  In Sec. 1, 33 V.S.A., by striking chapter 51 in its entirety and inserting in lieu thereof a new chapter 51 to read as follows:

Chapter 51.  GENERAL PROVISIONS

§ 5101.  Purposes  

(a)  The juvenile judicial proceedings chapters shall be construed in accordance with the following purposes:

(1)  To provide for the care, protection, education, and healthy mental, physical, and social development of children coming within the provisions of the juvenile judicial proceedings chapters.

(2)  To remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and to provide supervision, care, and rehabilitation which assure:

(A)  balanced attention to the protection of the community;

(B)  accountability to victims and the community for offenses; and

(C)  the development of competencies to enable children to become responsible and productive members of the community.

(3)  To preserve the family and to separate a child from his or her parents only when necessary to protect the child from serious harm or in the interests of public safety.

(4)  To assure that safety and timely permanency for children are the paramount concerns in the administration and conduct of proceedings under the juvenile judicial proceedings chapters.

(5)  To achieve the foregoing purposes, whenever possible, in a family environment, recognizing the importance of positive parent-child relationships to the well-being and development of children.

(6)  To provide judicial proceedings through which the provisions of the juvenile judicial proceedings chapters are executed and enforced and in which the parties are assured a fair hearing, and their constitutional and other legal rights are recognized and enforced.

(b)  The provisions of the juvenile judicial proceedings chapters shall be construed as superseding the provisions of the criminal law of this state to the extent the same are inconsistent with this chapter.

§ 5102.  Definitions and provisions of general application  

As used in the juvenile judicial proceedings chapters, unless the context otherwise requires:

(1)  “Care provider” means a person other than a parent, guardian, or custodian who is providing the child with routine daily care but to whom custody rights have not been transferred by a court.

(2)  “Child” means any of the following:

(A)  An individual who is under the age of 18 and is a child in need of care or supervision as defined in subdivision (3)(A), (B), or (D) of this section (abandoned, abused, without proper parental care, or truant).

(B)(i)  An individual who is under the age of 18, is a child in need of care or supervision as defined in subdivision (3)(C) of this section (beyond parental control), and was under the age of 16 at the time the petition was filed; or

(ii)  an individual who is between the ages of 16 to 17.5, is a child in need of care or supervision as defined in subdivision (3)(C) of this section (beyond parental control), and who is at high risk of serious harm to himself or herself or others due to problems such as substance abuse, prostitution, or homelessness.

(C)  An individual who has been alleged to have committed or has committed an act of delinquency after becoming ten years of age and prior to becoming 18 years of age; provided, however:

(i)  that an individual who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining the age of 10 but not the age of 14 may be treated as an adult as provided therein;

(ii)  that an individual who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining the age of 14 but not the age of 16 shall be subject to criminal proceedings as in cases commenced against adults, unless transferred to the court in accordance with the juvenile judicial proceedings chapters;

(iii)  that an individual who is alleged to have committed an act before attaining the age of 10 which would be murder as defined in section 2301 of Title 13 if committed by an adult may be subject to delinquency proceedings; and

(iv)  that an individual may be considered a child for the period of time the court retains jurisdiction under section 5104 of this title.   

(3)  “Child in need of care or supervision (CHINS)” means a child who:

(A)  has been abandoned or abused by the child’s parent, guardian, or custodian.  A person is considered to have abandoned a child if the person is: unwilling to have physical custody of the child; unable, unwilling, or has failed to make appropriate arrangements for the child’s care; unable to have physical custody of the child and has not arranged or cannot arrange for the safe and appropriate care of the child; or has left the child with a care provider and the care provider is unwilling or unable to provide care or support for the child, the whereabouts of the person are unknown, and reasonable efforts to locate the person have been unsuccessful.

(B)  is without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being;

(C)  is without or beyond the control of his or her parent, guardian, or custodian; or

(D)  is habitually and without justification truant from compulsory school attendance.

(4)  “Commissioner” means the commissioner of the department for children and families or the commissioner’s designee.

(5)  “Conditional custody order” means an order issued by the court in a juvenile proceeding conferring legal custody of a child to a parent, guardian, relative, or a person with a significant relationship with the child subject to such conditions and limitations as the court may deem necessary to provide for the safety and welfare of the child.

(6)  “Court” means the Vermont family court.

(7)  “Custodial  parent” means a parent who, at the time of the commencement of the juvenile proceeding, has the right and responsibility to provide the routine daily care and control of the child.  The rights of the custodial parent may be held solely or shared and may be subject to the

court-ordered right of the other parent to have contact with the child.

(8)  “Custodian” means a person other than a parent or legal guardian to whom legal custody of the child has been given by order of a Vermont family or probate court or a similar court in another jurisdiction.

(9)  “Delinquent act” means an act designated a crime under the laws of this state, or of another state if the act occurred in another state, or under federal law.  A delinquent act shall include 7 V.S.A. §§ 656 and 657; however, it shall not include:

(A)  Snowmobile offenses in subchapter 1 and motorboat offenses in subchapter 2 of chapter 29 of Title 23, except for violations of sections 3207a, 3207b, 3207c, 3207d, and 3323.

(B)  Motor vehicle offenses committed by an individual who is at least 16 years of age, except for violations of subchapter 13 of chapter 13 and of section 1091 of Title 23.        

(10)  “Delinquent child” means a child who has been adjudicated to have committed a delinquent act.

(11)  “Department” means the department for children and families.

(12)  “Guardian” means a person who, at the time of the commencement of the juvenile judicial proceeding, has legally established rights to a child pursuant to an order of a Vermont probate court or a similar court in another jurisdiction.

(13)  “Judge” means a judge of the family court.

(14)  “Juvenile judicial proceedings chapters” means this chapter and chapters 52 and 53 of this title.

(15)  “Juvenile proceeding” means a proceeding in the family court under the authority of the juvenile judicial proceedings chapters.

(16)(A)  “Legal custody” means the legal status created by order of the court under the authority of the juvenile judicial proceedings chapters which invests in a party to a juvenile proceeding or another person the following rights and responsibilities:

(i)  The right to routine daily care and control and to determine where and with whom the child shall live.

(ii)  The authority to consent to major medical, psychiatric, and surgical treatment for a child.

(iii)  The responsibility to protect and supervise a child and to provide the child with food, shelter, education, and ordinary medical care. 

(iv)  The authority to make decisions which concern the child and are of substantial legal significance, including the authority to consent to marriage and enlistment in the armed forces of the United States, and the authority to represent the child in legal actions.

(B)  If legal custody is transferred to a person other than a parent, the rights, duties, and responsibilities so transferred are subject to the residual parental rights of the parents.

(17)  “Listed crime” means the same as defined in 13 V.S.A. § 5301.

(18)  “Noncustodial parent” means a parent who is not a custodial parent at the time of the commencement of the juvenile proceeding.

(19)  “Officer” means a law enforcement officer, including a state police officer, sheriff, deputy sheriff, municipal police officer, or constable who has been certified by the criminal justice training council pursuant to section 2358 of Title 20.

(20)  “Parent” means a child’s biological or adoptive parent, including custodial parents, noncustodial parents, parents with legal or physical responsibilities or both and parents whose rights have never been adjudicated.

(21)  “Parent-child contact” means the right of a parent to have visitation with the child by court order.

(22)  “Party” includes the following persons:

(A)  The child with respect to whom the proceedings are brought.

(B)  The custodial parent, the guardian, or the custodian of the child in all instances except a hearing on the merits of a delinquency petition. 

(C)  The noncustodial parent for the purposes of custody, visitation, and such other issues  which the court may determine are proper and necessary to the proceedings, provided that the noncustodial parent has entered an appearance.

(D)  The state’s attorney.

(E)  The commissioner.

(F)  Such other persons as appear to the court to be proper and necessary to the proceedings.

(23)  “Probation” means the legal status created by order of the family court in proceedings involving a violation of law whereby a delinquent child is subject to supervision by the department under conditions specified in the court’s juvenile probation certificate and subject to return to and change of legal status by the family court for violation of conditions of probation at any time during the period of probation.

(24)  “Protective supervision” means the authority granted by the court to the department in a juvenile proceeding to take reasonable steps to monitor compliance with the court’s conditional custody order, including unannounced visits to the home in which the child currently resides.

(25)  “Reasonable efforts” means the exercise of due diligence by the department to use appropriate and available services to prevent unnecessary removal of the child from the home or to finalize a permanency plan.  When making the reasonable efforts determination, the court may find that no services were appropriate or reasonable considering the circumstances.  If the court makes written findings that aggravated circumstances are present, the court may make, but shall not be required to make, written findings as to whether reasonable efforts were made to prevent removal of the child from the home.  Aggravated circumstances may exist if:

(A)  a court of competent jurisdiction has determined that the parent has subjected a child to abandonment, torture, chronic abuse, or sexual abuse;

(B)  a court of competent jurisdiction has determined that the parent has been convicted of murder or manslaughter of a child;

(C)  a court of competent jurisdiction has determined that the parent has been convicted of a felony crime that results in serious bodily injury to the child or another child of the parent; or

(D)  the parental rights of the parent with respect to a sibling have been involuntarily terminated.

(26)  “Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after the transfer of legal custody of the child, including the right to reasonable contact with the child, the responsibility for support, and the right to consent to adoption.

(27)  “Shelter” means a shelter designated by the commissioner where a child taken into custody pursuant to subdivision 5301(3) of this title may be held for a period not to exceed seven days.

(28)  “Youth” shall mean a person who is the subject of a motion for youthful offender status or who has been granted youthful offender status.

§ 5103.  Jurisdiction  

(a)  The family court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile judicial proceedings chapters, except as otherwise provided in such chapters.

(b)  Orders issued under the authority of the juvenile judicial proceedings chapters shall take precedence over orders in other family court proceedings and any order of another court of this state, to the extent they are inconsistent.  This section shall not apply to child support orders in a divorce, parentage, or relief from abuse proceedings until a child support order has been issued in the juvenile proceeding.

(c)  Except as otherwise provided by this title, jurisdiction over a child shall not be extended beyond the child’s 18th birthday.

(d)  The court may terminate its jurisdiction over a child prior to the child’s 18th birthday by order of the court.  If the child is not subject to another juvenile proceeding, jurisdiction shall terminate automatically in the following circumstances:

(1)  Upon the discharge of a child from juvenile probation, providing the child is not in the legal custody of the commissioner.

(2)  Upon an order of the court transferring legal custody to a parent, guardian, or custodian without conditions or protective supervision.

(3)  Upon the adoption of a child following a termination of parental rights proceeding.

§ 5104.   Retention of jurisdiction over youthful

                offenders    

(a)  The family court may retain jurisdiction over a youthful offender up to the age of 22.

(b)  In relation to the retention of jurisdiction provision of subsection (a) of this section, any party may request, or the court on its own motion may schedule, a hearing to determine the propriety of extending the jurisdictional time period.  This hearing shall be held within the three-month time period immediately preceding the child’s 18th birthday, and the order of continued jurisdiction shall be executed by the court on or before that birthday. In determining the need for continued jurisdiction, the court shall consider the following factors:

(1)  the extent and nature of the child’s record of delinquency;

(2)  the nature of past and current treatment efforts and the nature of the child’s response to them;

(3)  the prospects for reasonable rehabilitation of the child by use of procedures, services, and facilities currently available to the court; and

(4)  whether the safety of the community will best be served by a continuation of jurisdiction.

(c)  A hearing under subsection (b) of this section shall be held in accordance with the procedures provided in section 5113 of this title.

§ 5105.  Venue and Change of Venue 

(a)  Proceedings under the juvenile judicial proceedings chapters may be commenced in the county where:

(1)  the child is domiciled;

(2)  the acts constituting the alleged delinquency occurred; or

(3)  the child is present when the proceedings commenced, if it is alleged that a child is in need of care or supervision.

(b)  If a child or a parent, guardian, or custodian changes domicile during the course of a proceeding under the juvenile judicial proceedings chapters or if the petition is not brought in the county in which the child is domiciled, the court may change venue upon the motion of a party or its own motion, taking into consideration the domicile of the child and the convenience of the parties and witnesses.

§ 5106.  Powers and duties of commissioner

Subject to the limitations of the juvenile judicial proceedings chapters or those imposed by the court, and in addition to any other powers granted to the commissioner under the laws of this state, the commissioner has the following authority with respect to a child who is or may be the subject of a petition brought under the juvenile judicial proceedings chapters: 

(1)  To undertake assessments and make reports and recommendations to the court as authorized by the juvenile judicial proceedings chapters.

(2)  To investigate complaints and allegations that a child is in need of care or supervision for the purpose of considering the commencement of proceedings under the juvenile judicial proceedings chapters.

(3)  To supervise and assist a child who is placed under the commissioner’s supervision or in the commissioner’s legal custody by order of the court.

(4)  To place a child who is in the commissioner’s  legal custody in a family home or a treatment, rehabilitative, detention, or educational facility or institution subject to the provisions of sections 5292 and 5293 of this title.  To the extent that it is appropriate and possible siblings in the commissioner’s custody shall be placed together. 

(5)  To make appropriate referrals to private or public agencies.

(6)  To perform such other functions as are designated by the juvenile judicial proceedings chapters.

§ 5107.  Contempt power   

Subject to the laws relating to the procedures therefor and the limitations thereon, the court has the power to punish any person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.

§ 5108.  Authority to issue warrants  

(a)  The court may order a parent, guardian, or custodian to appear at any hearing or to appear at the hearing with the child who is the subject of a petition.

(b)  If, after being summoned, cited, or otherwise notified to appear, a party fails to do so, the court may issue a warrant for the person’s appearance.  If the child is with the parent, guardian, or custodian, the court may issue a warrant for the person to appear in court with the child or, in the alternative, the court may issue an order for an officer to pick up the child and bring the child to court.

(c)  If a summons cannot be served or the welfare of the child requires that the child be brought forthwith to the court, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child.  In the alternative, the court may issue an order for an officer to pick up the child and bring the child to court during court hours.

(d)  A person summoned who fails to appear without reasonable cause may be found in contempt of court.

§ 5109.  Subpoena 

Upon application of a party or on the court’s own motion, the clerk of the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under the juvenile judicial proceedings chapters.

§ 5110.  Conduct of hearings 

(a)  Hearings under the juvenile judicial proceedings chapters shall be conducted by the court without a jury and shall be confidential.  

(b)  The general public shall be excluded from hearings under the juvenile judicial proceedings chapters, and only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and such other persons as the court finds to have a proper interest in the case or in the work of the court, may be admitted by the court.  This subsection shall not prohibit a victim’s exercise of his or her rights under sections 5333 and 5234 of this title, and as otherwise provided by law. 

(c)  There shall be no publicity given by any person to any proceedings under the authority of the juvenile judicial proceedings chapters except with the consent of the child, the child’s guardian ad litem, and the child’s parent, guardian, or custodian.  A person who violates this provision may be subject to contempt proceedings pursuant to Rule 16 of the Vermont Rules for Family Proceedings.

§ 5111.  Noncustodial Parents    

(a)  If a child is placed in the legal custody of the department and the identity of a parent has not been legally established at the time the petition is filed, the court may order that the mother, the child, and the alleged father submit to genetic testing and may issue an order establishing parentage pursuant to subchapter 3A of Title 15.  A parentage order issued pursuant to this subsection shall not be deemed to be a confidential record.

(b)  If a child is placed in the legal custody of the department, the department shall make reasonably diligent efforts to locate a noncustodial parent as early in the proceedings as possible, and notify the court of the noncustodial parent’s address.  A hearing shall not be delayed by reason of the inability of the department to locate or serve a noncustodial parent. 

(c)  The court may order a custodial parent to provide the department with information regarding the identity and location of a noncustodial parent.

(d)  As soon as his or her address is known, a noncustodial parent shall be served with the petition and a copy of the summons.  Thereafter, the court shall mail notices of the hearing to the noncustodial parent.  The noncustodial parent shall be responsible for providing the court with information regarding any changes in address.

§ 5112.  Attorney and guardian ad litem for child  

(a)  The court shall appoint an attorney for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters. 

(b)  The court shall appoint a guardian ad litem for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters.  In a delinquency proceeding, a parent, guardian, or custodian of the child may serve as a guardian ad litem for the child, providing his or her interests do not conflict with the interests of the child.  The guardian ad litem appointed under this section shall not be a party to that proceeding or an employee or representative of such party.

§ 5113.  Modification or vacation of orders 

(a)  An order of the court may be set aside in accordance with Rule 60 of the Vermont Rules of Civil Procedure.

(b)  Upon motion of a party or the court’s own motion, the court may amend, modify, set aside, or vacate an order on the grounds that a change in circumstances requires such action to serve the best interests of the child.  The motion shall set forth in concise language the grounds upon which the relief is requested.

(c)  Any order under this section shall be made after notice and hearing; however, the court may waive the hearing upon stipulation of the parties.  All evidence helpful in determining the questions presented, including hearsay, may be admitted and relied upon to the extent of its probative value, even though not competent in a hearing on the petition.

§ 5114.  Best interests of the child 

(a)  At the time of a permanency review under section 5321 of this title, a modification hearing under section 5113 of this title, or at any time a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the commissioner or the attorney for the child, the court shall consider the best interests of the child in accordance with the following:

(1)  The interaction and interrelationship of the child with his or her parents, siblings, foster parents, if any, and any other person who may significantly affect the child’s best interests.

(2)  The child’s adjustment to his or her home, school, and community.

(3)  The likelihood that the parent will be able to resume or assume parental duties within a reasonable period of time.

(4)  Whether the parent has played and continues to play a constructive role, including personal contact and demonstrated love and affection, in the child’s welfare.

(b)  Except in cases where a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the commissioner or the attorney for the child, the court shall also consider whether the parent is capable of playing a constructive role, including demonstrating love and affection, in the child’s welfare.

§ 5115.  Protective order 

(a)  On motion of a party or on the court’s own motion, the court may make an order restraining or otherwise controlling the conduct of a person if the court finds that such conduct is or may be detrimental or harmful to a child.

(b)  The person against whom the order is directed shall be served with notice of the motion and the grounds therefor and be given an opportunity to be heard.

(c)  Upon a showing that there is a risk of immediate harm to a child, the court may issue a protective order ex parte.  A hearing on the motion shall be held no more than 10 days after the issuance of the order.

(d)  The court may review any protective order at a subsequent hearing to determine whether the order should remain in effect.

(e)  A person who is the subject of an order issued pursuant to this section who violates a provision of the order that concerns contact between the child and that person shall be punished in accordance with 13 V.S.A. § 1030.

§ 5116.  Costs and expenses for care of child 

(a)  The commissioner may incur such expenses for the proper care, maintenance, and education of a child, including without limitation, the expenses of medical, surgical, or psychiatric examination or treatment, as the commissioner considers necessary in connection with proceedings under the juvenile judicial proceedings chapters.

(b)  The costs of any proceeding under the juvenile judicial proceedings chapters incurred under the provisions of Title 33 shall be borne by the court.

(c)  The court may, in any order of disposition under the juvenile judicial proceedings chapters, make and enforce by levy and execution an order of child support to be paid by the parent of the child.

(d)  The court may delegate to the office of magistrate its authority to make and enforce an order of child support to be paid by the parent of a child.

(e)  A child support order shall only remain in effect as long as the child who is the subject of the support order is in the legal custody of the commissioner and placed with someone other than the parent or parents responsible for support.

(f)  Except as otherwise provided in section 5119 of this title, orders issued pursuant to this section shall not be confidential.

(g)  Notwithstanding subsection 5103(b) of this title, an order terminating a parent’s residual parental rights ends that parent’s obligation to pay child support.  However, in no event shall an order terminating residual parental rights terminate an obligation for child support arrearages accrued by the parent prior to the date of the termination of parental rights order.

§ 5117.  records OF JUVENILE JUDICIAL PROCEEDINGS  

(a)  Except as otherwise provided, court and law enforcement reports and files concerning a person subject to the jurisdiction of the court shall be maintained separate from the records and files of other persons.  Unless a charge of delinquency is transferred for criminal prosecution under chapter 52 of this title or the court otherwise orders in the interests of the child, such records and files shall not be open to public inspection nor their contents disclosed to the public by any person.  However, upon a finding that a child is a delinquent child by reason of commission of a delinquent act which would have been a felony if committed by an adult, the court, upon request of the victim, shall make the child’s name available to the victim of the delinquent act.  If the victim is incompetent or deceased, the child’s name shall be released, upon request, to the victim’s guardian or next of kin.

(b)(1)  Notwithstanding the foregoing, inspection of such records and files by the following is not prohibited:

(A)  A court having the child before it in any juvenile judicial proceeding.

(B)  The officers of public institutions or agencies to whom the child is committed as a delinquent child.

(C)  A court in which a person is convicted of a criminal offense for the purpose of imposing sentence upon or supervising the person, or by officials of penal institutions and other penal facilities to which the person is committed, or by a parole board in considering the person’s parole or discharge or in exercising supervision over the person.

(D)  Court personnel, the state’s attorney or other prosecutor authorized to prosecute criminal or juvenile cases under state law, the child’s guardian ad litem, the attorneys for the parties, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the child.

(E)  The child who is the subject of the proceeding, the child’s parents, guardian, custodian, and guardian ad litem may inspect such records and files upon approval of the family court judge.

(F)  Any other person who has a need to know may be designated by order of the family court.

(2)  Records and files inspected under this subsection shall be marked: UNLAWFUL DISSEMINATION OF THIS INFORMATION IS A CRIME PUNISHABLE BY A FINE UP TO $2,000.00.

(c)  Upon motion of a party in a divorce or parentage proceeding related to parental rights and responsibilities for a child or parent-child contact, the court may order that court records in a juvenile proceeding involving the same child or children be released to the parties in the divorce proceeding.  The public shall not have access to records from a juvenile proceeding that are filed with the court or admitted into evidence in the divorce or parentage proceeding.

(d)  Such records and files shall be available to state’s attorneys and all other law enforcement officers in connection with record checks and other legal purposes.

(e)  Any records or reports relating to a matter within the jurisdiction of the court prepared by or released by the court or the department for children and families, any portion of those records or reports, and information relating to the contents of those records or reports shall not be disseminated by the receiving persons or agencies to any persons or agencies, other than those persons or agencies authorized to receive documents pursuant to this section.

(f)  This section does not provide access to records sealed in accordance with section 5119 of this title unless otherwise provided in section 5119.

§ 5118.  Limited exception to confidentiality of records

               of juveniles maintained by the family court 

(a)  For the purposes of this section:

(1)  “Delinquent act requiring notice” means conduct resulting in a delinquency adjudication related to a listed crime as defined in 13 V.S.A.

§ 5301(7).

(2)  “Independent school” means an approved or recognized independent school under 16 V.S.A. § 166.

(b)  While records of juveniles maintained by the family court should be kept confidential, it is the policy of the general assembly to establish a limited exception for the overriding public purposes of rehabilitating juveniles and protecting students and staff within Vermont’s public and independent schools.

(c)  Notwithstanding any law to the contrary, a court finding that a child has committed a delinquent act requiring notice shall, within seven days of such finding, provide written notice to the superintendent of schools for the public school in which the child is enrolled or, in the event the child is enrolled in an independent school, the school’s headmaster.

(d)  The written notice shall contain only a description of the delinquent act found by the court to have been committed by the child and shall be marked: “UNLAWFUL DISSEMINATION OF THIS INFORMATION IS A CRIME PUNISHABLE BY A FINE UP TO $2,000.00.”  The envelope in which the notice is sent by the court shall be marked:  “CONFIDENTIAL:  TO BE OPENED BY THE SUPERINTENDENT OR HEADMASTER ONLY.”

(e)  The superintendent or headmaster, upon receipt of the notice, shall inform only those persons within the child’s school with a legitimate need to know of the delinquent act, and only after first evaluating rehabilitation and protection measures that do not involve informing staff or students.  Persons with a legitimate need to know are strictly limited to only those for whom the information is necessary for the rehabilitation program of the child or for the protection of staff or students.  “Need to know” shall be narrowly and strictly interpreted.  Persons receiving information from the superintendent or headmaster shall not, under any circumstances, discuss such information with any other person except the child, the child’s parent, guardian, or custodian, others who have been similarly informed by the superintendent or headmaster, law enforcement personnel, or the juvenile’s probation officer.

(f)  The superintendent and headmaster annually shall provide training to school staff about the need for confidentiality of such information and the penalties for violation of this section.

(g)  The written notice shall be maintained by the superintendent or headmaster in a file separate from the child’s education record.  If the child transfers to another public or independent school, the superintendent or headmaster shall forward the written notice in the original marked envelope to the superintendent or headmaster for the school to which the child transferred.  If the child either graduates or turns 18 years of age, the superintendent or headmaster then possessing the written notice shall destroy such notice.

(h)  If legal custody of the child is transferred to the commissioner, or if the commissioner is supervising the child’s probation, upon the request by a superintendent or headmaster, the commissioner shall provide to the superintendent or headmaster information concerning the child which the commissioner determines is necessary for the child’s rehabilitation or for the protection of the staff or students in the school in which the child is enrolled.

(i)  A person who intentionally violates the confidentiality provisions of this section shall be fined not more than $2,000.00.

(j)  Except as provided in subsection (i) of this section, no liability shall attach to any person who transmits, or fails to transmit, the written notice required under this section.

§ 5119.  Sealing of records  

(a)(1)  In matters relating to a child who has been adjudicated delinquent on or after July 1, 1996, the court shall order the sealing of all files and records related to the proceeding if two years have elapsed since the final discharge of the person unless, on motion of the state’s attorney, the court finds: 

(A)  the person has been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent of such an offense after such initial adjudication, or a proceeding is pending seeking such conviction or adjudication; or 

(B)  rehabilitation of the person has not been attained to the satisfaction of the court. 

(2)  At least 60 days prior to the date upon which a person is eligible to have his or her delinquency record automatically sealed pursuant to subdivision (1) of this subsection, the court shall provide such person’s name and other identifying information to the state’s attorney in the county in which the person was adjudicated delinquent.  The state’s attorney may object, and a hearing may be held to address the state’s attorney’s objection. 

(3)  The order to seal shall include all the files and records relating to the matter in accordance with subsection (d) of this section; however, the court may limit the order to the court files and records only upon good cause shown by the state’s attorney.

(4)  The process of sealing files and records under this subsection for a child who was adjudicated delinquent on or after July 1, 1996, but before

July 1, 2001 shall be completed by January 1, 2010.  The process of sealing files and records under this subsection for a child who was adjudicated delinquent on or after July 1, 2001 but before July 1, 2004 shall be completed by January 1, 2008. 

(b)  In matters relating to a child who has been adjudicated delinquent prior to July 1, 1996, on application of the child or on the court’s own motion and after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds: 

(1)  the person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense after such initial adjudication, and no new proceeding is pending seeking such conviction or adjudication; and 

(2)  the person’s rehabilitation has been attained to the satisfaction of the court. 

(c)  On application of a person who, while a child, was found to be in need of care or supervision or, on the court’s own motion, after notice to all parties of record and hearing, the court may order the sealing of all files and records related to the proceeding if it finds: 

(1)  the person has reached the age of majority; and

(2)  sealing the person’s record is in the interest of justice.

(d)  Except as provided in subdivision (a)(3) and subsection (h) of this section or otherwise provided, orders issued in accordance with this section shall include the files and records of the court, law enforcement, prosecution, and the department for children and families related to the specific court proceeding that is the subject of the sealing. 

(e)(1)  Except as provided in subdivision (2) of this subsection, upon the entry of an order sealing such files and records under this section, the proceedings in the matter under this act shall be considered never to have occurred, all general index references thereto shall be deleted, and the person, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in any matter.  Copies of the order shall be sent to each agency or official named in the order. 

(2)(A)  Any court, agency, or department that seals a record pursuant to an order under this section may keep a special index of files and records that have been sealed.  This index shall only list the name and date of birth of the subject of the sealed files and records and the docket number of the proceeding which was the subject of the sealing.  The special index shall be confidential and may be accessed only for purposes for which a department or agency may request to unseal a file or record pursuant to subsection (f) of this section. 

(B)  Access to the special index shall be restricted to the following persons: 

(i)  the commissioner and general counsel of any administrative department; 

(ii)  the secretary and general counsel of any administrative agency;

(iii)  a sheriff;

(iv)  a police chief; 

(v)  a state’s attorney; 

(vi)  the attorney general; 

(vii)  the director of the Vermont crime information center; and

(viii)  a designated clerical staff person in each office identified in subdivisions (i)–(viii) of this subdivision (B) who is necessary for establishing and maintaining the indices for persons who are permitted access. 

(C)  Persons authorized to access an index pursuant to subdivision (B) of this subdivision (2) may access only the index of their own department or agency. 

(f)(1)  Except as provided in subdivisions (2), (3), and (4) of this subsection, inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of such records, and only to those persons named in the record. 

(2)  Upon a confidential motion of any department or agency that was required to seal files and records pursuant to subsection (d) of this section, the court may permit the department or agency to inspect its own files and records if it finds circumstances in which the department or agency requires access to such files and records to respond to a legal action, a legal claim, or an administrative action filed against the department or agency in relation to incidents or persons that are the subject of such files and records.  The files and records shall be unsealed only for the minimum time necessary to address the circumstances enumerated in this subdivision, at which time the records and files shall be resealed. 

(3)  Upon a confidential motion of the department for children and families, the court may permit the department to inspect its own files and records if the court finds extraordinary circumstances in which the state’s interest in the protection of a child clearly outweighs the purposes of the juvenile sealing law and the privacy rights of the person or persons who are the subjects of the record, and the sealed record is necessary to accomplish the state’s interest.  The motion may be heard ex parte if the court, based upon an affidavit, finds a compelling purpose exists to deny notice to the subject of the files and records when considering whether to grant the order.  If the order to unseal is issued ex parte, the court shall send notice of the unsealing to the subject of the files and records within 20 days unless the department provides a compelling reason why the subject of the files and records should not receive notice.  The files and records shall be unsealed only for the minimum time necessary to address the extraordinary circumstances, at which time the files and records shall be resealed. 

(4)  Upon a confidential motion of a law enforcement officer or prosecuting attorney, the court may permit the department or agency to inspect its own files and records if the court finds extraordinary circumstances in which the state’s interest in public safety clearly outweighs the purposes of the juvenile sealing law and the privacy rights of the person or persons who are the subjects of the record, and the sealed record is necessary to accomplish the state’s interest.  The motion may be heard ex parte if the court, based upon an affidavit, finds a compelling public safety purpose exists to deny notice to the subject of the files and records when considering whether to grant the order.  If the order to unseal is issued ex parte, the court shall send notice of the unsealing to the subject of the files and records within 20 days unless the law enforcement officer or prosecuting attorney provides a compelling public safety reason why the subject of the files and records should not receive notice.  The files and records shall be unsealed only for the minimum time necessary to address the extraordinary circumstances, at which time the files and records shall be resealed. 

(5)  The order unsealing a record must state whether the record is unsealed entirely or in part and the duration of the unsealing.  If the court’s order unseals only part of the record or unseals the record only as to certain persons, the order must specify the particular records that are unsealed or the particular persons who may have access to the record, or both. 

(g)  On application of a person who has pleaded guilty to or has been convicted of the commission of a crime committed under the laws of this state prior to attaining the age of majority, or on the motion of the court having jurisdiction over such a person, after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds:  

(1)  two years have elapsed since the final discharge of the person;  

(2)  the person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense after the initial conviction, and no new proceeding is pending seeking such conviction or adjudication; and

(3)  the person’s rehabilitation has been attained to the satisfaction of the court. 

(h)(1)  In matters relating to a person who was charged with a criminal offense on or after July 1, 2006 and prior to the person attaining the age of majority, the files and records of the court applicable to the proceeding shall be sealed immediately if the case is dismissed.

(2)  In matters relating to a person who was charged with a criminal offense prior to July 1, 2006 and prior to the person attaining the age of majority, the person may apply to seal the files and records of the court applicable to the proceeding.  The court shall order the sealing, provided that two years have elapsed since the dismissal of the charge. 

(i)  Upon receipt of a court order to seal a record relating to an offense for which there is an identifiable victim, a state’s attorney shall record the name and date of birth of the victim, the offense, and the date of the offense.  The name and any identifying information regarding the defendant shall not be recorded.  Victim information retained by a state’s attorney pursuant to this subsection shall be available only to victims’ advocates, the victims’ compensation program, and the victim and shall otherwise be confidential. 

(j)  For purposes of this section, to “seal” a file or record means to physically and electronically segregate the record in a manner that ensures confidentiality of the record and limits access only to those persons who are authorized by law or court order to view the record.  A “sealed” file or record is retained and shall not be destroyed unless a court issues an order to expunge the record. 

(k)  The court shall provide assistance to persons who seek to file an application for sealing under this section. 

(l)  Any entities subject to sealing orders pursuant to this section shall establish policies for implementing this section and shall provide a copy of such policies to the house and senate committees on judiciary no later than January 15, 2007. State’s attorneys, sheriffs, municipal police, and the judiciary are encouraged to adopt a consistent policy that may apply to each of their independent offices and may submit one policy to the general assembly. 

§ 5120.  Indian Child Welfare Act

The federal Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., governs any proceeding under this title that pertains to an Indian child, as defined by the Indian Child Welfare Act, and prevails over any inconsistent provision of this title.

§ 5121.  CASE PLANNING PROCESS

The department shall actively engage families, and solicit and integrate into the case plan the input of the child, the child’s family, relatives and other persons with a significant relationship to the child.  Whenever possible, parents, guardians and custodians shall participate in the development of the case plan.

§ 5122.  MISCONDUCT DURING COURT PROCEEDINGS

A person who engages in misconduct while participating in a court proceeding under chapters 51, 52, or 53 of this title may be subject to appropriate sanctions, including criminal charges, as provided by relevant law, regulation, rule, or employment policy.  The confidentiality requirements of subsection 5110(c) of this title shall not apply to the extent necessary to report and respond to allegations of misconduct under chapters 51, 52, and 53 of this title.  This section shall not be construed to create a private right of action or a waiver of sovereign immunity.

Second: In Sec. 2, 33  V.S.A. § 5203(e), by striking subdivisions (1), (2), and (3) in their entirety.

Third: In Sec. 2, 33 V.S.A. § 5221(c), after the word “child’s” by inserting the word “custodial

Fourth:  In Sec. 2, 33 V.S.A. § 5223(b), after the word “notice” by inserting the words  “,including the noncustodial parent,”  

Fifth:  In Sec.2, 33 V.S.A. § 5224, after the words “child or” by striking the word “parent” and inserting in lieu thereof the words “custodial parent, guardian, or custodian” 

Sixth:  In Sec. 2, 33 V.S.A. § 5225, by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

(c)  At the preliminary hearing, the court shall appoint a guardian ad litem for the child.  The guardian ad litem may be the child’s parent, guardian, or custodian.  On its own motion or motion by the child’s attorney, the court may appoint a guardian ad litem other than a parent, guardian, or custodian.

Seventh:  In Sec. 2, 33 V.S.A. § 5230(b)(6), by striking the word “parents” and inserting in lieu thereof the words “parent, guardian, or custodian

Eighth:  In Sec. 2, 33 V.S.A. § 5235, by striking subsection (j) in its entirety and inserting in lieu thereof new subsections (j) and (k) to read as follows:

(j)  In accordance with 13  V.S.A. § 5363, the restitution unit is authorized to make payments to victims of delinquent acts where restitution was ordered by a court prior to July 1, 2008.

(k)(1)  The restitution unit may bring an action to enforce a restitution order issued under this section in the superior or small claims court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued in a juvenile proceeding shall be enforceable in superior or small claims court in the same manner as a civil judgment. Superior and small claims court filing fees shall be waived for an action under this subsection, and for an action to renew a restitution judgment.

(2)  An action under this subsection may be brought only after the offender reaches 18 years of age, and shall not be subject to any limitations period.

(3)  For purposes of this subsection, a restitution order issued in a juvenile proceeding shall not be confidential.

Ninth:  In Sec. 2, 33 V.S.A. § 5252, by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

(a)  If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child’s custodial parent, guardian, or custodian and release the child to the care of child’s custodial parent, guardian, or custodian unless the officer determines that the child’s immediate welfare or the protection of the community, or both, require the child’s continued removal from the home.

Tenth: In Sec. 2, 33 V.S.A. § 5252(c), after the word “child’s” where it twicely appears, by inserting the word “custodial

Eleventh: In Sec. 2, 33 V.S.A. § 5253(a)(2), after the word “made” by striking the words “without hearing or notice to the custodial parent, guardian, or custodian” and inserting in lieu thereof the words “ex parte

Twelfth: In Sec.2, by striking § 5254 in its entirety and inserting in lieu

thereof a new § 5254 to read as follows:

§ 5254.   Notice of Emergency Care Order and Temporary

               Care Hearing

(a)  Notice to custodial parent.  An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child.  If delivery cannot be made in a timely manner, the officer shall otherwise notify them or cause them to be notified of the order, the date, time, and place of the temporary care hearing, and the parent’s right to counsel.  If the custodial parent, guardian, or custodian cannot be located, the officer shall so certify to the court in an affidavit describing the efforts made to locate the parent, guardian, or custodian.

(b)  Notice to noncustodial parent.  The department shall make reasonable efforts to locate any non custodial parent and provide the noncustodial parent with the emergency care or conditional custody order, notice of the date, hour, and place of the temporary care hearing and of the right to counsel.  If the noncustodial parent cannot be located, the department shall provide to the court, in writing, a summary of the efforts made to locate the parent.

(c)  Notice to other parties.  The court shall notify the following persons of the date and time of the temporary care hearing:

(1)  The state’s attorney.

(2)  The department.

(3)  An attorney to represent the child.

(4)  A guardian ad litem for the child.

(5)  An attorney to represent each parent.  The attorney may be court appointed in the event the parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent.

Thirteenth:  In Sec. 2, 33 V.S.A. § 5255(d), after the words “noncustodial parent” by inserting the words “and his or her attorney

Fourteenth:  In Sec.2, 33 V.S.A., by striking §5256 in its entirety and inserting in lieu thereof a new § 5256 to read as follows:

§ 5256.  Temporary Care Order

(a)  The court shall order that custody be returned to the child’s parent, guardian, or custodian, unless the court finds by a preponderance of the evidence that return to the home would be contrary to the welfare of the child because of any of the following:

(1)  The child cannot be controlled at home and is at risk of harm to self or others.

(2)  Continued residence in the home will not protect the community because of the serious and dangerous nature of the act the child is alleged to have committed.

(3)  The child’s welfare is otherwise endangered.

(b)  Upon a finding that any of the conditions set forth in subsection (a) of this section exists, the court may issue such temporary orders related to the legal custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child including, in order of preference:

(1)  A conditional custody order returning legal custody of the child to the custodial parent, guardian, or custodian, subject to such conditions and limitations as the court may deem necessary and sufficient to protect the child.

(2)(A)  Upon a personal appearance and a request by a noncustodial parent for temporary legal custody and upon a determination that parentage is not contested, the noncustodial parent shall present to the court a care plan that describes the history of the noncustodial parent’s contact with the child, including any reasons why contact did not occur, and that addresses:

(i)  the child’s need for a safe, secure, and stable home;

(ii)  the child’s need for proper and effective care and control; and

(iii)  the child’s need for a continuing relationship with the custodial parent, if appropriate.

(B)  The court shall consider court orders and findings from other proceedings related to the custody of the child.

(C)  The court shall transfer legal custody to the noncustodial parent unless the court finds by a preponderance of the evidence that the transfer would be contrary to the child’s welfare because any of the following exists:

(i)  The care plan fails to meet the criteria set forth in subdivision (2)(A) of this subsection.

(ii)  Transferring temporary legal custody of the child to the noncustodial parent could result in substantial danger to the physical health, mental health, welfare, or safety of the child.

(iii)  The child or another child residing in the same household as the noncustodial parent has been physically or sexually abused by the noncustodial parent or a member of the noncustodial parent’s household, or another person known to the noncustodial parent.

(iv)  The child or another child residing in the same household as the noncustodial parent is at substantial risk of physical or sexual abuse by the noncustodial parent or a member of the noncustodial parent’s household, or another person known to the noncustodial parent.  It shall constitute prima facie evidence that a child is at substantial risk of being physically or sexually abused if:

(I)  a noncustodial parent receives actual notice that a person has committed or is alleged to have committed physical or sexual abuse against a child; and

(II)  the noncustodial parent knowingly or recklessly allows the child to be in the physical presence of the alleged abuser after receiving such notice.

(v)  The child or another child in the noncustodial parent’s household has been neglected, and there is substantial risk of harm to the child who is the subject of the petition.

(D)  If the noncustodial parent’s request for temporary custody is contested, the court may continue the hearing and place the child in the temporary custody of the department pending further hearing and resolution of the custody issue.  Absent good cause shown, the court shall hold a further hearing on the issue within 30 days.

(3)  An order transferring temporary legal custody of the child to a relative, provided:

(A)  The relative seeking legal custody is a grandparent,

great-grandparent, aunt, great-aunt, uncle, great-uncle, stepparent, sibling, or step-sibling of the child.

(B)  The relative is suitable to care for the child.  In determining suitability, the court shall consider the relationship of the child and the relative and the relative’s ability to:

(i)  Provide a safe, secure, and stable environment.

(ii)  Exercise proper and effective care and control of the child.

(iii)  Protect the child from the custodial parent to the degree the court deems such protection necessary.

(iv)  Support reunification efforts, if any, with the custodial parent.

(v)  Consider providing legal permanence if reunification fails.

(C)  In considering the suitability of a relative who is entitled to preferential consideration, the court may order the department to conduct an investigation and file a written report of its findings with the court.  The court may place the child in the temporary custody of the department pending such investigation.

(4)  A temporary care order transferring temporary legal custody of the child to a relative who is not listed in subdivision (3)(A) of this subsection or a person with a significant relationship with the child, provided that the criteria in subdivision (3)(B) of this subsection are met.  The court may make such orders as provided in subdivision (3)(C) of this subsection to determine suitability under this subdivision.

(5)  A temporary care order transferring temporary legal custody of the child to the commissioner.

(c)  If the court transfers legal custody of the child, the court shall issue a written temporary care order. 

(1)  The order shall include:

(A)  a finding that remaining in the home is contrary to the child’s welfare and the facts upon which that finding is based; and

(B)  a finding as to whether reasonable efforts were made to prevent unnecessary removal of the child from the home.  If the court lacks sufficient evidence to make findings on whether reasonable efforts were made to prevent the removal of the child from the home, that determination shall be made at the next scheduled hearing in the case but, in any event, no later than 60 days after the issuance of the initial order removing a child from the home.

(2)  The order may include other provisions as may be necessary for the protection and welfare of the child, such as:

(A)  Conditions of release.

(B)  Establishing parent-child contact under such terms and conditions as are necessary for the protection of the child.

(C)  Requiring the department to provide the child with services if legal custody has been transferred to the commissioner.

(D)  Requiring the department to refer a parent for appropriate assessments and services, including a consideration of the needs of children and parents with disabilities.

(E)  Requiring genetic testing if parentage of the child is at issue.

(F)  Requiring the department to make diligent efforts to locate the noncustodial parent.

(G)  Requiring the custodial parent to provide the department with names of all potential noncustodial parents and relatives of the child.

(d)  If a party seeks to modify a temporary care order in order to transfer legal custody of a child from the commissioner to a relative or a person with a significant relationship with the child, the relative shall be entitled to preferential consideration under subdivision (b)(3) of this section, provided that a disposition order has not been issued and the motion is filed within 90 days of the date that legal custody was initially transferred to the commissioner.

Fifteenth:  In Sec. 2, 33 V.S.A., by striking § 5258 in its entirety and inserting in lieu thereof a new § 5258 to read as follows:

§ 5258.  PostDisposition Review and Permanency Review

              for Delinquents in Custody

Whenever custody of a delinquent child is transferred to the commissioner, the custody order of the court shall be subject to a postdisposition review hearing pursuant to section 5320 of this title and permanency reviews pursuant to section 5321 of this title. 

Sixteenth:  In Sec. 2, 33 V.S.A. § 5263(b), after the word “juvenile” where it appears the second time, by striking the words “and the parents or the guardian or custodian of the child, if other than parent” and inserting in lieu thereof the words “and a custodial parent, guardian, or custodian

Seventeenth:  In Sec. 2, 33 V.S.A. § 5263(c), after the words “signature of a” by inserting the word “custodial

Eighteenth:  In Sec. 2, 33 V.S.A. § 5284(b)(2)(A), after the word “offender;” by striking the word “or” and inserting in lieu thereof the word “and

Nineteenth:  In Sec. 2, 33 V.S.A. § 5293(a)(2)(A)(i), after the word “her” by striking the word “parents” and inserting in lieu thereof the words “custodial parent

Twentieth:  By adding a new Sec. 5 to read as follows:

Sec. 5.  33 V.S.A. § 5802 is added to read:

§ 5802.  SEPARATION OF VICTIM OF SEXUAL ASSAULT AND

              PERPETRATOR

The commissioner of the department for children and families shall develop policies applicable when the department knows or learns that a sexual assault perpetrator and his or her victim have been simultaneously placed at the facility.  The policies shall include processes and procedures for continued separation of or minimizing incidental contact between the perpetrator and the victim, while ensuring that they both receive educational and other appropriate services.

Twenty-first:  By adding a new Sec. 6 to read as follows:

 

Sec. 6.  JUVENILE JURISDICTION POLICY AND OPERATIONS

            COORDINATING COUNCIL

(a)  The juvenile jurisdiction policy and operations coordinating council is established in order to plan and develop the steps advisable to better address age appropriate responses to older youth within the juvenile justice system.  The council shall report to the House and Senate Committees on Judiciary on or before December 15, 2008.  The report may consider the Juvenile Justice Jurisdiction Study submitted to the agency of human services in December 2007 as well as other relevant information and recommend any changes to Vermont juvenile justice jurisdiction policy the council decides are advisable.  With respect to any policy changes recommended, the report shall include:

(1)  Necessary statutory changes;

(2)  Necessary structural modifications to the juvenile system, including personnel and programming requirements and changes; and

(3)  Cost implications and financial impacts.

(b)  The Council shall consist of the following members:

(1)  The administrative judge or designee.

(2)  The court administrator or designee.

(3)   The defender general or designee.

(4)  The attorney general or designee.

(5)  The executive director of the department of state's attorney’s and sheriffs or designee.

(6)  The commissioner of the department for children and families or designee.

(7)  The director of the juvenile justice commission or designee.

(8)  The commissioner of corrections or designee.

(9)  The commissioner of public safety or designee.

And by renumbering the remaining sections to be numerically correct.

Rep. Haas of Rochester, for the committee on Human Services, recommended that the report of the committee on Judiciary be amended as follows:

First:  In Sec. 2, 33 V.S.A. § 5251(2), by striking “52” and inserting “51

Second:  In Sec.2, 33 V.S.A. § 5256(b) after the words “safety of the child” by inserting the words “and the safety of the community,

Third:  In Sec.2, 33 V.S.A. § 5256(b)(1) after the words “to protect the child” by inserting the words “and the community

Fourth:  In Sec.2, 33 V.S.A. § 5256(b)(2)(A)(ii) after the word “control” by inserting the words “sufficient to protect the community

Fifth:  In Sec.2, 33 V.S.A. § 5256(b)(2)(C)(ii) after the words “safety of the child” by inserting the words “or the safety of the community

Sixth:  In Sec.2, 33 V.S.A. § 5256(b)(3)(B)(ii) after the word “child” by inserting the words “sufficient to protect the community

Seventh:  In Sec. 2, after the word “youth” by striking the word “offender

Eighth:  In Sec. 6, subsection (a), by adding new subdivisions (4) and (5) to read: 

(4)  Review of the impact on 16- and 17-year olds of being commingled with older offenders.

(5)  A summary of evidence-based research on outcomes and recidivism rates by juvenile offenders and juvenile delinquents, including comparisons of minors processed as juvenile delinquents with minors processed as adult offenders. 

Ninth:  In Sec. 6, subsection (b), by adding new subdivisions (10) and (11) to read:

(10)  A mental health professional with experience working with juveniles, appointed by the Vermont council of developmental and mental health services.

(11)  A law enforcement officer with experience working with juveniles, appointed by the commissioner of public safety.

Tenth: By adding a new Sec. 7 to read as follows:

Sec. 7.    REPORT FROM THE DEPARTMENT FOR CHILDREN AND

               FAMILIES

(a)  No later than December 1, 2008, the department for children and families shall report to the general assembly on the following:

(1)  Procedures used to identify parents with disabilities.

(2)  Procedures for modifying case plans, disposition case plans, service plans and permanency plans to include the use of adaptive equipment and parental supports for parents with disabilities.

(3)  Procedures used to assess family strengths and weaknesses as they relate to children and parents with disabilities.

(4)  The state’s ability to accommodate the court-related needs of children and parents with disabilities as they relate to juvenile judicial proceedings.

(b)  In preparation of the report, the department for children and families shall consult with:

(1)  The family support project at the University of Vermont.

(2)  The Vermont judiciary.

(3)  The office of the defender general.

(4)  The department of aging and independent living.

And by renumbering the remaining sections to be numerically correct.

The bill, having appeared on the Calendar one day for notice, was taken up, read the second time and the recommendation of proposals of amendment offered by the committees on Judiciary and Human Services agreed to and third reading ordered.

Committee of Conference Appointed

H. 709

     The House bill, entitled