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Journal of the Senate

________________

Wednesday, April 23, 2008

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Bill Referred to Committee on Appropriations

House bill of the following title, appearing on the Calendar for notice, and carrying an appropriation or requiring the expenditure of funds, under the rule, was referred to the Committee on Appropriations:

H. 691.

An act relating to executive and judicial branch fees.

Joint Resolution Placed on Calendar

J.R.H. 62.

Joint resolution originating in the House of the following title was read the first time and is as follows:

Joint resolution commemorating the observance of 2008 Equal Pay Day.

Whereas, in 1996, the National Committee on Pay Equity established Equal Pay Day to illustrate the earnings’ gap between men and women, and

Whereas, the date each year on which this observance occurs is on a Tuesday in April in order to highlight that a woman will typically not earn as much annual compensation as a man earns in one year until April of the following year, and not as much on a weekly basis until the Tuesday of the subsequent workweek, and

Whereas, the gap between women and men is even greater for lower wage earners than for persons who earn a higher salary, and

Whereas, according to the U.S. Census Bureau, when the federal Equal Pay Act was adopted in 1963, women were only earning 59 cents for every dollar a man earned, and by 2006, the amount a woman typically earned for each dollar a man earned had risen to 76.9 cents, and

Whereas, in light of the U.S. Supreme Court decision in Ledbetter v Goodyear, which required that employees must file a wage discrimination action against an employer within 180 days, the U.S. House of Representatives passed the Lilly Ledbetter Fair Pay Act on July 31, 2007, clarifying that each discriminatory paycheck is a new act of discrimination, and a parallel measure, the Fair Pay Restoration Act, has been introduced in the U.S. Senate, and

Whereas, the challenge of women’s pay equity is still present in our society 45 years after the enactment of the Equal Pay Act, and it will remain a public policy issue of great importance until women and men earn the same amount of wages for equal work, and

Whereas, Equal Pay Day helps to keep this indefensible disparity in the public eye, now therefore be it 

Resolved by the Senate and House of Representatives:

That the general assembly commemorates the 2008 observance of Equal Pay Day and the importance of keeping the issue of women’s pay inequity in the forefront of the public policy arena, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to Vermont Business and Professional Women in Burlington.

Thereupon, in the discretion of the President, under Rule 51, the joint resolution was placed on the Calendar for action tomorrow.

Proposal of Amendment; Third Reading Ordered

H. 891.

Senator Bartlett, for the Committee on Appropriations, to which was referred House bill entitled:

An act relating to making appropriation for the support of government.

Reported recommending that the Senate propose to the House to amend the bill by striking out 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                                                 70,000 

                        Total                                       36,911,385 

               Source of funds                                                   

                   General fund                                 31,808,828 

                   Special funds                                  2,712,400 

                   Tobacco fund                                      40,000 

                   Federal funds                                    414,808 

                   Interdepartmental transfer               1,935,349 

                        Total                                       36,911,385 

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                                          56,836,870 

               Source of funds                                                   

                    General funds                               35,376,640 

                   Global Commitment fund                1,383,714 

                   Catamount fund                            20,076,516 

                        Total                                       56,836,870 

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                                          27,565,537 

                        Total                                       31,748,978 

               Source of funds                                                   

                   General fund                                   3,493,874 

                   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                                       31,748,978 

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 - childrens 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.

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, $26,000 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 County, $25,000 shall be used to support the drug court program in Rutland County, and $25,000 shall be used for court coordination in Bennington County.

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

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

     (g)  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)  Vermont recognizes the need for high-level ongoing, inclusive and creative strategic planning to ensure economic success for futures generations of Vermonters.

Sec. 5.601.  Transportation – town highway aid program  (Sec. 2.617, #81000003000)

(a)  This appropriation is authorized notwithstanding 19 V.S.A. § 306(a).

Sec. 5.602.  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 $450,000 is appropriated to the department of labor. This appropriation shall be to support out-of-school youth, youth at risk, and youth at risk of remaining unemployed with outcomes that lead to employment or continued education as follows:

(i)  Forty-five percent (45%) shall be for grants to regional technical centers, comprehensive high schools, and other programs for career exploration programs for students entering grades 7 through 12.

(ii)  Fifty-five percent (55%) shall be for grants to regional technical centers, comprehensive high schools, the community high school of Vermont, and non-profit organizations, designated by the workforce development council, for alternative and intensive vocational/academic programs for secondary students in order to earn necessary credits toward graduation.

(D)  Adult Technical Education Programs.  The amount of $450,000 is appropriated to the department of labor, working with the workforce development council. This appropriation is for the purpose of awarding grants to regional technical centers and comprehensive high schools to provide adult technical education, as that term is defined in 16 V.S.A. § 1522, to unemployed and underemployed Vermont adults.

(E)  UVM Technology Transfer Program.  The amount of $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 $300,000 is appropriated to the Vermont state colleges for dual enrollment programs. The state colleges shall develop a voucher program that will allow Vermont students to attend programs at a postsecondary institution other than the state college system when programs at the other institution are better academically or geographically suited to student need.

(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. 6.005.1.  20 V.S.A. § 2358 is amended to read:

§ 2358.  MINIMUM TRAINING STANDARDS

(a)  Unless waived by the council under standards adopted by rule, and notwithstanding any statute or charter to the contrary, no person shall exercise law enforcement authority:

(1)  as a part-time law enforcement officer without completing a basic training course within a time prescribed by rule of the council; or

(2)  as a full-time law enforcement officer without either:

(A)  completing a basic training course in the time and manner prescribed by the council; or

(B)  having received, before July 1, 1968, permanent full-time appointment as a law enforcement officer, and completing a basic training course before July 1, 1982.

(3)  as a full or part-time law enforcement officer without completing annual in-service training requirements as prescribed by the council.

(b)  All programs required by this section shall be approved by the council. Completion of a program shall be established by a certificate to that effect signed by the executive director of the council.

(c)  For the purposes of this section:

(1)  “Law enforcement officer” means a member of the department of public safety who exercises law enforcement powers, a member of the state police, a municipal police officer, a constable who exercises law enforcement powers, a motor vehicle inspector, an employee of the department of liquor control who exercises law enforcement powers, an investigator employed by the secretary of state, board of medical practice investigators employed by the department of health, attorney general or a state’s attorney, a fish and game warden, a sheriff, or deputy sheriff who exercises law enforcement powers, or a railroad police officer commissioned pursuant to 30 V.S.A. chapter 45, subchapter 8.

(2)  “Full-time law enforcement officer” means a law enforcement officer with duties of a predictable and continuing nature which require more than 32 hours per week and more than 25 weeks per year.

(3)  “Part-time law enforcement officer” means a law enforcement officer who is not employed full time.

(d)  The council may determine whether a particular position is full time or part time.  Any requirements in this section shall be optional for any elected official.

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.  33 V.S.A. § 1910 is amended to read:

§ 1910.  LIABILITY OF THIRD PARTIES; LIENS

(a)   The agency shall have a lien against a third party, to the extent of the amount paid by the agency for medical expenses, on any recovery for that claim, whether by judgment, compromise, mediation, or settlement, whenever:

(1)   the agency pays medical expenses for or on behalf of a recipient who has been injured or has suffered an illness or disease as a result of negligence; and

(2)   the person recipient asserts a claim against a third party for damages resulting from the injury, illness, or disease.

(b)   The agency shall have a lien against the insurer, to the extent of the amount paid by the agency for medical expenses, on any recovery from the insurer, whenever:

(1)  the agency pays medical expenses or renders medical services on behalf of a person recipient who has been injured or has suffered an injury, illness, or disease; and

(2)  the person recipient asserts a claim against an insurer as a result of the injury, illness, or disease.

(c)  An attorney representing a person who, as a result of injuries, illness or disease suffered as the result of the negligence or wrong of another has received, is receiving or has applied for medical assistance under this subchapter or for residential care provided by the agency at a hospital for the mentally ill or habilitative care center for the developmentally disabled shall, provided the attorney has notice of the receipt or application, notify the agency prior to distribution of the settlement or judgment.  A recipient who has applied for or has received medical assistance under this subchapter and the recipient’s attorney, if any, shall cooperate with the agency by:

(1)  informing the recipient’s insurer of the agency’s right to repayment of medical expenses consistent with the provisions of this subchapter;

(2)  no later than 30 days after initiating informal recovery activity or filing a legal recovery action against a third party, providing the agency with written notice of such activity or action; and

(3)  no later than 30 days after initiating informal recovery activity or filing a legal recovery action against a third party, providing the third party and the third party’s insurer, if any, with written notice of the existence of the agency’s lien and the text of subdivision (e)(1) of this section.

(d)  Any written notice provided to the agency pursuant to subdivision (c)(2) of this section shall disclose the identity and address of any third party against whom the recipient has or may have a right of recovery, the name of the court in which the legal recovery action, if any, was brought, and a copy of the pleadings, if any.  The agency may choose to become a party to such an action.

(e)(1)  A recipient, an attorney on behalf of a recipient, a third party, or an insurer shall not settle, compromise, release, or waive a claim or otherwise allocate the proceeds of any settlement without providing the agency with reasonable notice in order to provide the agency with a meaningful opportunity to participate in the settlement negotiations to ensure a fair allocation of the settlement proceeds to the past medical expenses.  No settlement, compromise, release, or waiver of claim or other allocation shall be finalized without the written consent of the director of the agency or designee, and any settlement, compromise, release, waiver, or other allocation obtained without the agency’s written consent shall be invalid and shall not bind the agency.  If a settlement, compromise, release, waiver, or other allocation is obtained without the consent of the agency, the agency may bring an action in the superior court in Washington County to have the allocation reviewed and modified.

(2)  Notwithstanding subsection (i) of this section, the agency may bring a civil action in the superior court in Washington County to recover up to the full amount it has expended in medical costs on behalf of a recipient from any party, including the recipient, to whom the proceeds of a judgment, settlement, compromise, release, or waiver were paid or made payable.

(3)  Unless the agency intervenes in the lawsuit or files a separate lawsuit, recipients, including minors, shall be vested with the right to recover medical expenses as part of their cause of action for other damages.  Absent a court finding to the contrary, recipients shall be deemed to recover medical expenses as part of any recovery.

(4)  A recipient or an attorney on behalf of a recipient shall pay to the agency, within 30 days after receipt of settlement proceeds or recovery of a judgment, the full amount of the medical assistance owed to the agency.  If full payment of the required sum is not made to the agency within the 30-day period, the recipient or his or her attorney shall place a sum equal to the full amount of the medical assistance provided in an escrow account pending a mediation or judicial determination of the agency’s right to the amount.

(5)  The agency’s lien for its medical costs relating to the recipient’s injury, illness, or disease shall be given priority over all other damages.

(6)  Notwithstanding any other part of this section, if the amount the agency reasonably expects to recover for medical expenses paid on behalf of the recipient from a liable third party, the third party’s insurer, or both is less than or equal to the estimated costs of such recovery, the agency shall not be required to seek reimbursement from, or may reduce or compromise a claim against, the liable third party, the insurer, or both.  In making the determination whether to pursue, reduce, or compromise a claim, the agency may consider the factual and legal issues of liability between the recipient and the liable third party and the total amount available to satisfy the recipient’s claim.

(d)(f)  A lien created under this section shall not be effective unless:

(1)  notice of the lien is filed in the office of the clerk of the town in which the agency is located and contains the name and address of the recipient, acknowledgment of the recipient's application for or receipt of medical assistance, and the name of the person alleged to be liable; and

(2)  the agency mails a notice of the lien with a statement of the date it was filed to the person alleged to be liable.

(e)(g)  The agency shall send a copy of the notice of the lien required by subsection (f) of this section to the following persons, if the appropriate names and addresses can be determined:

(1)  The injured, ill or diseased person recipient for whom the department has paid medical expenses.

(2)  Any insurance carrier that may be ultimately liable.

(3)  Any attorney for the injured, ill or diseased person recipient.

(f)(h)  Within 45 days after the filing of the notice of the lien, the agency shall send an itemized statement of the medical expenses paid by the agency for which the agency seeks to perfect a lien to the persons listed in subsection (e)(g) of this section.  The notice provisions contained in this subsection may be waived by agreement of the parties.

(g)(i)  The agency may, on behalf of a recipient, perfect a lien by filing an action file a civil action in the superior court in Washington County against a liable third party, the third party’s insurer, or both, to recover up to the full amount of medical expenses it has incurred on behalf of the recipient.  The agency may initiate this action only if:

(1)  the recipient has not initiated legal proceedings against the third party within one year after the occurrence of the injury, illness, or disease resulting, at least in part, from the actions or omissions, including negligence, of the third party; and

(2)   the time remaining under the statute of limitations for the action is six months or less.

(h)(j)  The attorney general shall be responsible for initiating actions on behalf of the agency.

(i)(k)  Whenever the agency recovers under the lien and that recovery is the result of an action initiated by a recipient, the attorney for the recipient may withhold the agency's pro rata share of reasonably necessary fees and costs and expenses incurred in asserting the claim.  If the agency waives its right to a lien reimbursement, it is shall not be liable for a pro rata share of any fees or costs under this subsection incurred by the recipient or attorney.

(j) The attorney for the recipient may negotiate an attorney fee with the agency.

(k) In cases in which the agency's lien equals or exceeds the amount of judgment or settlement, the agency shall reduce its claim by recognizing reasonable attorney fees and other reasonable costs of procurement of settlement. Additionally, the agency shall compromise its claim taking into consideration the nonmedical claims of the recipient.

(l)  In cases in which the court has determined the amount of recovery allocated for past medical expenses, the agency's lien shall be limited to that amount.


Sec. 6.015.  [DELETED]

Sec. 6.016.  33 V.S.A. § 1984(c)(1) is amended to read:

(c)(1)  For the lowest cost plan, an individual's contribution shall be:

(A)  Income less than or equal to 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. 7.001.  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, 5.802(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)  Sec. 6.022 shall sunset July 1, 2018.

     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.

And that the bill ought to pass in concurrence with such proposal of amendment.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Consideration Postponed

H. 700.

House bill entitled:

An act relating to sale of bottles of wine at festivals.

Was taken up.

Thereupon, without objection consideration of the bill was postponed until tomorrow.

Recess

On motion of Senator Shumlin the Senate recessed until 2:00 P.M.


Called to Order

At 2:00 P.M. the Senate was called to order by the President.

Rules Suspended; Proposals of Amendment; Bill Passed in Concurrence with Proposal of Amendment; Bill Messaged

H. 891.

Pending entry on the Calendar for action tomorrow, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to making appropriation for the support of government.

Was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, pending third reading of the bill, Senator Bartlett, on behalf of the Committee on Appropriations moved to amend the Senate proposal of amendment as follows:

First:  In Sec. 5.103(b) by striking out the figure “$26,000” and inserting in lieu thereof the figure $32,000

     Second:  In Sec. 2.105, by striking out the figure “36,911,385” where it twice appears and inserting in lieu thereof the figure 36,941,385 and by striking out the figure “70,000” and inserting in lieu thereof the figure 100,000 and by striking out the figure “31,808,828” and inserting in lieu thereof the figure 31,838,828 and in Sec. 2.217, by striking out the figure “31,748,978” where it twice appears and inserting in lieu thereof the figure 31,718,978 and by striking out the figure “27,565,537” and inserting in lieu thereof the figure 27,535,537 and by striking out the figure “3,493,874” and inserting in lieu thereof the figure 3,463,874 and in Sec. 5.101.1, by adding a new subsection (b) to read as follows:

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

     Third:  In Sec. 2.209, by striking out the figure “56,836,870” where it twice appears and inserting in lieu thereof the figure 55,086,870 and by striking out the figure “20,076,516” and inserting in lieu thereof the figure 18,326,516

     Fourth:  By striking out Sec. 5.505 in its entirety and inserting in lieu thereof a new Sec. 5.505 to read as follows:


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.

     Fifth:   By striking out Sec. 6.005.1 in its entirety.

     Sixth:  After Sec. 6.025, by adding a new Sec. 6.026 to read as follows:

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.

     Seventh:  By striking out Sec. 6.014 in its entirety and inserting in lieu thereof the following:  Sec. 6.014.  [DELETED]

     Eighth:  In Sec. 7.001(e) by striking out the figure “2018” and inserting in lieu thereof the figure 2015

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Bartlett moved to amend the Senate proposal of amendment as follows:

     First:  By adding twenty-one new sections to be numbered Secs. 7.001 – 7.021 to read as follows:

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.

     Second:  By renumbered Sec. 7.001 to be Sec. 9.001 (Effective Dates) and by adding a new subsection to be letter subsection (e) to read as follows:

     (e)  Secs. 7.012, 7.013, 7.014 shall take effect on July, 1, 2010.

     And by relettering the remaining subsection to be alphabetically correct.

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Mazza moved to amend the Senate proposal of amendment as follows:

     First:  By adding a new section to be numbered Sec. 5.601.1 to read as follows:

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.

     Second:  In Sec. 7.001 subsection (a) after the following: “5.216,” by inserting the following: 5.601.1,

Which was agreed to.

Thereupon, pending third reading of the bill, Senator Collins moved to amend the Senate proposal of amendment as follows:

First:  In Sec 5.801, subdivision (a)(1)(C), Career and Alternative Workforce Education, by striking out the figure “450,000” and inserting in lieu thereof the figure 475,000 

Second:  In Sec 5.801, subdivision (a)(1)(D), Adult Technical Education Programs, by striking out the figure “450,000” and inserting in lieu thereof the figure 475,000 

Third:  In Sec 5.801, subdivision (a)(3)(C), Dual Enrollment Programs, by striking out the figure “300,000” and inserting in lieu thereof the figure 250,000 

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment on a roll call, Yeas 29, Nays 1.

Senator Mullin having demanded the yeas and nays, they were taken and are as follows:

Roll Call

Those Senators who voted in the affirmative were: Ayer, Bartlett, Campbell, Carris, Collins, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Shumlin, Snelling, Starr, White.

The Senator who voted in the negative was: Condos.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith.

Rules Suspended; Committee Relieved of Further Consideration; Bill Committed

H. 619.

On motion of Senator Campbell, the rules were suspended, and H. 619 was taken up for immediate consideration, for the purpose of relieving the Committee on Rules from further consideration of the bill.  Thereupon, pending entry on the Calendar for notice tomorrow, the Senate bill entitled:

An act relating to the regulation of sexual assault nurse examiners,

on motion of Senator Campbell, was committed to the Committee on Government Operations.

Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment

H. 436.

Senator White, for the Committee on Government Operations, to which was referred House bill entitled:

An act relating to miscellaneous amendments to local election and municipal government laws.

     Reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  3 V.S.A. § 2473a(e) is amended to read:

(e)  The receipt and expenditure of moneys from the revolving fund shall be under the supervision of the business manager and at the direction of the publisher, subject to the provisions of this section.  Vermont Life magazine shall maintain accurate and complete records of all receipts and expenditures by and from the fund, and shall make an annual report on the condition of the fund to the secretary of the agency, who shall in turn provide the report to the secretary of administration.  The fund shall be audited annually by the auditor of accounts.

Sec. 2.  7 V.S.A. § 805 is amended to read:

§ 805.  -AUDIT OF OPERATIONS

On or before February 28 of each year, each state college and university licensed under this chapter shall submit a financial report on its operations under this chapter to audit by the state auditor of accounts. Such audit shall examine the financial condition and operation of such licensees for the preceding calendar year and shall be submitted to the liquor control board by April 1 of each year.

Sec. 3.  16 V.S.A. § 2177(b) is amended to read:

(b)  The books and accounts financial statements of the corporation shall be audited annually as of June 30 under the supervision of the auditor of accounts who shall publish the audit report in detail by an independent public accounting firm registered in Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO).  The auditor of accounts or his or her designee shall be the state’s nonvoting representative to an audit committee established by the board

Sec. 4.  16 V.S.A. § 2281 is amended to read:

§ 2281.  ANNUAL AUDIT; REPORTS; CONTROL OF FUNDS

(a)  The books and accounts of the University of Vermont and State Agricultural College shall be audited annually as of June 30, under the supervision of the auditor of accounts.  The report of such audit shall be published in detail by the auditor of accounts by an independent accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO).  The auditor of accounts or his or her designee shall be the state’s nonvoting representative to an audit committee established by the board

* * *

(f)  Control of funds appropriated and of the work carried on under the terms of section 2321 of this title shall be vested in the board of trustees of the University of Vermont and State Agricultural College.  The University of Vermont and State Agricultural College shall provide an accounting service which shall account for the expenditure of funds by divisions and shall make an annual financial report to the governor of the state.  All funds appropriated to the agricultural college shall be kept in a separate account and shall be audited annually by the auditor of accounts an independent accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO).

Sec. 5.  16 V.S.A. § 2835 is amended to read:

§ 2835.  CONTROLS, AUDITS, AND REPORTS

Control of funds appropriated and all procedures incident to the carrying out of the purposes of this chapter shall be vested in the board.  The books of account of the corporation shall be audited annually under the direction of the auditor of accounts by an independent public accounting firm registered in the state of Vermont in accordance with government auditing standards issued by the United States Government Accountability Office (GAO) and a the resulting audit report filed with the secretary of administration not later than November 1 each year.  The auditor of accounts or his or her designee shall be the state’s nonvoting representative to an audit committee established by the board.  Biennially, the board shall report to the legislature on its activities during the preceding biennium.

Sec. 6.  17 V.S.A. § 2353(a) is amended to read:

(a)  The name of any person shall be printed upon the primary ballot as a candidate for nomination by any major political party for any office indicated, if petitions containing the requisite number of signatures made by legal voters, in substantially the following form, are filed with the proper official, together with the person's written consent to having his or her name printed on the ballot:


STATE OF VERMONT

County of  .......................... )

ss.

City (town) of  .................... )

 

I join in a petition to place on the primary ballot of the .............................................................. party the name of  ........................................................., whose residence is in the (city), (town) of  ............................................... in the county of ............................................., for the office of  ………………............................. to be voted for on Tuesday, the  .................................. day of September, 20  ..................; and I certify that I am at the present time a registered voter and am qualified to vote for a candidate for this office.

Sec. 7.  17 V.S.A. § 2402 is amended to read:

§ 2402.  REQUISITES OF STATEMENT

(a)  A statement of nomination shall contain:

* * *

(4)  In the case of nomination for president or vice president of the United States, the name and state of residence of each candidate for such office, together with the name, town of residence, and correct mailing address of each nominee for the office of elector.  The statement of nomination shall include certification by the town clerk of each town where the signers appear to be voters that the persons whose names appear as signers of the statement are registered voters in the town and of the total number of valid signers from the town.  Only the number of signers certified by each town clerk shall count toward the required number of signatures.  The statement shall also be accompanied by a consent form from each nominee for elector.  The consent form shall be similar to the consent form prescribed in section 2361 of this title.

(b)  To constitute a valid nomination, a statement shall contain signatures of voters qualified to vote in an election for the office in question, equal in number to at least:

(1)  For presidential and vice presidential offices, 1,000;

(2)  For state and congressional offices, 250 500;

* * *

(c)  A statement shall state that each signer is qualified to vote in an election for the office in question and that the voter's residence is as set forth next to the voter's name.  Every statement of nomination shall include the certificate of the town clerk where the signers appear to be voters, certifying whether the persons whose names appear as signers of the statement are registered voters in the town.  Only those names certified by the town clerk to be those of registered voters of the town shall count toward the required number of signatures.

(d)  A statement of nomination and a completed and signed consent form shall be filed not later than the time for filing the statements prescribed in section 2386 of this title sooner than the first Monday in June and not later than the third day after the primary election.  No public official receiving nominations shall accept a petition unless a completed and signed consent form is filed at the same time.

(e)  The secretary of state shall prescribe and furnish forms for a statement of nomination.

Sec. 8.  17 V.S.A. § 2456 is amended to read:

§ 2456.  DISQUALIFICATIONS

Notwithstanding the preceding sections of this subchapter, no person shall serve as an election official in any election in which his or her name appears on a ballot of the Australian ballot system as a candidate for any office unless he or she is the only candidate for that office, or unless the office for which he or she is a candidate is that of moderator, justice of the peace, town clerk, clerk-treasurer, treasurer, ward clerk, or inspector of elections.  When an Australian ballot is not used, a person shall not serve as an election official during the election to fill any office for which he or she is a nominee.  For the purpose of this section, "clerk-treasurer" means a person who is a candidate for the offices of town clerk and town treasurer at the same time.

Sec. 9.  17 V.S.A. § 2494 is amended to read:

§ 2494.  CONSTRUCTION WITH OTHER LAWS

Except as this subchapter affects the method of registering votes and ascertaining the result, the laws of this state pertaining to elections shall be applicable.  The laws pertaining to early or absentee voters shall in no way be affected by this subchapter, and votes cast by early or absentee voters shall be counted with votes registered on voting machines.  In towns using voting machines, the board of civil authority may vote to open polling places at 5:00 a.m., provided that at least three elections officials are present, two of whom are from different parties, solely for the purpose of checking voters who voted by early voter absentee ballot off the checklist and depositing the ballots into the ballot box or voting machine.  If all early voter absentee ballots have not been deposited into the voting machines before the closing of the polls at 7:00 p.m., the elections officials shall continue to deposit ballots using the same procedure as provided in subsection 2561(b) of this title, treating each ballot as a voter waiting to cast his or her ballot at the close of the polls.

Sec. 10.  17 V.S.A. § 2561(a) is amended to read:

(a)  At all elections using the Australian ballot system, the polls shall may open no earlier than 5:00 a.m. and shall open no later than 10:00 a.m. as set by the board of civil authority in each town unless the board of civil authority has elected to open the polls earlier than 6:00 a.m. as provided in section 2494 of this title.  The polls in all polling places shall close at 7:00 p.m.

Sec. 11.  17 V.S.A. § 2640(c) is amended to read:

(c)  In a town which starts its annual meeting on any day before the first Tuesday in March and which uses the Australian ballot system, Notwithstanding section 2508 of this title, public discussion of ballot issues and all other issues appearing in the warning, other than election of candidates, shall be permitted on that day at the annual meeting, regardless of the location of the polling place.

Sec. 12.  17 V.S.A. § 2664 is amended to read:

§ 2664.  BUDGET

A town shall vote such sums of money as it deems necessary for the interest of its inhabitants and for the prosecution and defense of the common rights.  It shall express in its vote the specific amounts, or the rate on a dollar of the grand list, to be appropriated for laying out and repairing highways and for other necessary town expenses.  If a town votes specific amounts in lieu of a rate on a dollar of the grand list, the selectmen selectboard shall, after the grand list book has been computed and lodged in the office of the town clerk, set the tax rate necessary to raise the specific amounts voted.  The selectboard may apply for grants and may accept and expend grants or gifts above those which are approved in the town budget.  The selectboard shall include, in its annual report, a description of all grants or gifts accepted during the year and associated expenditures.

Sec. 13.  17 V.S.A. § 2680 is amended to read:

§ 2680.  AUSTRALIAN BALLOT SYSTEM; GENERAL

* * *

(c)  Budgets.  A vote whether to use the Australian ballot system to establish the budget shall be in substantially the following form:

"Shall (name of municipality) adopt its budget article or articles by Australian ballot?"

If a budget voted on by Australian ballot is rejected, the legislative body shall prepare a revised budget.  The legislative body shall establish a date for the vote on the revised budget, and shall take appropriate steps to warn a public informational meeting on the budget and the vote.  The date of the public informational meeting shall be at least five days following the public notice. The date of the vote shall be at least seven days following the public notice. The vote on the revised budget shall be by Australian ballot and shall take place in the same locations that the first vote was taken.  The budget shall be established if a majority of all votes cast are in favor.  If the revised budget is rejected, the legislative body shall repeat the procedure in this subsection until a budget is adopted.  Once a municipality votes to establish its budget by the Australian ballot system, the vote on the budget shall be taken by Australian ballot until the municipality votes to discontinue use of the system.

* * *

(g)  Whenever a municipality has voted to adopt the Australian ballot system of voting on any public question or budget, except the budget revote as provided in subsection (c) of this section, the legislative body shall hold a public informational hearing on the question by posting warnings at least 10 days in advance of the hearing in at least two public places within the municipality and in the town clerk's office.  The hearing shall be held within the 10 days preceding the meeting at which the Australian ballot system is to be used.  The hearing under this subsection may be held in conjunction with the meeting held under subsection 2640(c), in which case the moderator shall preside.

Sec. 14.  19 V.S.A. § 13 is amended to read:

§ 13.  Central garage fund

* * *

(f)  Annually the auditor of accounts shall conduct an examination of the central garage revolving fund and report his or her findings in accordance with 32 V.S.A. § 163(5).

(g)  [Repealed.]

(h)  For purposes of this section, “equipment” means registered motor vehicles and highway maintenance equipment assigned to the central garage.

(i)(g)  Each year at the September meeting of the joint transportation oversight committee called pursuant to 19 V.S.A. § 12b(d), the agency shall present to the joint transportation oversight committee a report detailing:

* * *

Sec. 15.  20 V.S.A. § 3546 is amended to read:

§ 3546.  INVESTIGATION OF VICIOUS DOMESTIC PETS OR WOLF-HYBRIDS; ORDER

* * *

(d)  The procedures provided in this section shall only apply if the domestic pet or wolf-hybrid is not a rabies suspect.  If a member of the legislative body or a municipal official designated by the legislative body determines that the animal is a rabies suspect, the provisions of subchapter 5 of this chapter and the rules of the department of health shall apply.

(e)  The procedures provided in this section shall not apply if the voters of a municipality, at a special or annual meeting duly warned for the purpose, have authorized the legislative body of the municipality to regulate domestic pets or wolf-hybrids by ordinances that are inconsistent with this section, in which case those ordinances shall apply.

Sec. 16.  20 V.S.A. § 3549 is amended to read:

§ 3549.  DOMESTIC PETS OR WOLF-HYBRIDS, REGULATION BY TOWNS

The legislative body of a city or town by ordinance may regulate the keeping, leashing, muzzling, restraint, impoundment, and destruction of domestic pets or wolf-hybrids and their running at large.

Sec. 17.  22 V.S.A. § 281 is amended to read:

§ 281.  MEMBERS AND TRUSTEES EX OFFICIO

The secretary of state, auditor of accounts and the state librarian, by virtue of their offices, shall be members of the Vermont Historical Society and of the board of trustees thereof.

Sec. 18.  24 V.S.A. § 871 is amended to read:

§ 871.  ORGANIZATION OF SELECTMEN SELECTBOARD; APPOINTMENTS

Forthwith after their election and qualification, the selectmen selectboard shall organize and elect a chairman chair and, if so voted, a clerk from among their number, and file a certificate of such election for record in the office of the town clerk.  Such selectmen shall The selectboard shall thereupon appoint from among the legally qualified voters a tree warden and may thereupon appoint from among the legally qualified voters the following officers who shall serve until their successors are appointed and qualified, and shall certify such appointments to the town clerk who shall record the same:

(1)  Three fence viewers;

(2)  A poundkeeper, for each pound; voting residence in the town need not be a qualification for this office provided appointee gives his or her consent to the appointment;

(3)  One or more inspectors of lumber, shingles and wood; and

(4)  One or more weighers of coal; and

(5)  A tree warden.

* * *

Sec. 19.  24 V.S.A. § 2291(10) is amended to read:

§ 2291.  ENUMERATION OF POWERS

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

* * *

(10)  To regulate the keeping of dogs, and to provide for their leashing, muzzling or, restraint, impoundment, and destruction.

* * *

Sec. 20.  24 V.S.A. § 4442(c) is amended to read:

(c)  Routine adoption.

(1)  A bylaw, bylaw amendment, or bylaw repeal shall be adopted by a majority of the members of the legislative body at a meeting that is held after the final public hearing, and shall be effective 21 days after adoption unless, by action of the legislative body, the bylaw, bylaw amendment, or bylaw repeal is warned for adoption by the municipality by Australian ballot at a special or regular meeting of the municipality.

(2)  However, a rural town with a population of fewer than 2,500 persons, by action of the legislative body or by vote of that town at a special or regular meeting duly warned on the issue, may elect to require that bylaws, bylaw amendments, or bylaw repeals shall be adopted by vote of the town by Australian ballot at a special or regular meeting duly warned on the issue.  That procedure shall then apply until rescinded by the voters at a regular or special meeting of the town.

Sec. 21.  29 V.S.A. § 160(e) is amended to read:

(e)  The commissioner of buildings and general services shall supervise the receipt and expenditure of moneys comprising the property management revolving fund, subject to the provisions of this section.  He or she shall maintain accurate and complete records of all such receipts and expenditures, and shall make an annual report on the condition of the fund to the secretary of administration.  All balances remaining at the end of a fiscal year shall be carried over to the following year, and the fund shall be audited by the auditor of accounts.

Sec. 22.  29 V.S.A. § 168(b)(8) is amended to read:

(8)  All balances remaining at the end of a fiscal year shall be carried over to the following year, and the auditor of accounts shall audit the fund.

Sec. 23.  32 V.S.A. § 163 is amended to read:

§ 163.  DUTIES OF THE AUDITOR OF ACCOUNTS

In addition to any other duties prescribed by law, the auditor of accounts shall:

(1)  Examine annually the financial statements of the funds of state government and at his or her discretion audit financial and other records Annually perform or contract for the audit of the basic financial statements of the state of Vermont and, at his or her discretion, conduct governmental audits as defined by governmental auditing standards issued by the United States Government Accountability Office (GAO), of every department, institution, and agency of the state including trustees or custodians of retirement and other trust funds held by the state or any officer or officers of the state, and also including every county officer who receives or disburses funds of the state or for the benefit of the state or any county.  He or she shall upon request of a town establish a uniform system of accounting and reporting.

(2)  In his or her discretion, conduct a continuing post audit of all disbursements made through the office of the commissioner of finance and management or the office of the state treasurer, including disbursements to a municipality, school supervisory union, school district, or county.

* * *

(4)  Upon request, assist the commissioner of finance and management in the preparation of the state budget.

(5)  From time to time, as examinations audits are completed, report his or her audit findings first to the speaker of the house of representatives and the president pro tempore of the senate, then to the governor, the secretary of administration, the commissioner of finance and management, and the head of the department, institution, or agency covered by the report.  The audit reports shall be public records and four 10 copies of each report shall be furnished to and kept in the state library for public use.

(6)(5)  Make special audits of any department, institution, and agency as the governor may from time to time require.

(7)(6)  Make a biennial report Report on or before February 15 of each year to the general assembly house and senate committees on appropriations in which he or she shall summarize his or her significant findings, and make such comments and recommendations as he or she finds necessary.

(8)(7)  Subject to the provisions of chapter 13 of Title 3, employ and set the compensation of such assistants, clerical or otherwise, as he or she deems necessary for the proper and efficient administration of his or her office.  However, he or she shall not expend or authorize expenditure of funds for his or her office in excess of the amount appropriated for his or her office in any fiscal year.

(9)  Approve and coordinate all requests by state departments, agencies, commissions and state-created authorities for accounting or auditing services by an independent accounting firm for any of the departments’, agencies’, commissions’ or state-created authorities’ funds, financial accounts, and records, or for any accounting or auditing services for which payment is to be made from any funds controlled or administered by any state department, agency, commission or state-created authority, prior to the negotiation of any contractual obligations with the independent firms.  All audit reports and reports of findings and recommendations issued by an independent accounting firm under this section shall be addressed to the auditor of accounts for distribution in accordance with subdivision 5 of this section.

(10)(8)  Require all state departments and agencies to file with the auditor of accounts all audit reports and reports of findings and recommendations received as a result of audits and examinations conducted by or for any federal agency.

(11)(9)  Perform, or contract with independent public accountants licensed in the state of Vermont to perform, financial and compliance audits as required by the Federal Single Audit Act of 1984, 31 U.S.C. § 7501 et seq. This subdivision shall not apply to the University of Vermont and the Vermont State Colleges.

(12)(A)  Biennially audit the economic advancement tax incentives program established under chapter 151, subchapter 11E of this title to determine compliance with that subchapter and all other applicable statutes and regulations.  The auditor’s report shall be made available to the general assembly during the fourth quarter of the second year of each biennium. The auditor shall include in this biennial audit verifications of any of the inspections done by the tax department of awardees of economic advancement tax incentives to determine the relationship between performance and credits claimed.

(B)(10)  Biennially audit the Vermont employment growth incentive program established under 32 V.S.A. § 5930b and other applicable statutes and regulations, and report the audit to the general assembly, the Vermont department of taxes, and the Vermont economic progress council by March 31 after the audit yearThe audit shall include a comparative examination of the economic advancement tax incentive program and the Vermont employment growth incentives program with respect to performance measurements, program expenditure controls, the adequacy and availability of program information, and recommendations for improved accountability and fiscal controls.  The auditor shall develop benchmarks, known as “best management practices” that in the judgment of the auditor need to be met so that the Vermont employment growth incentives program may be administered in the most fiscally sound and well-managed manner.  The auditor’s report shall be submitted during the first quarter of the second year of each biennium to the department of taxes and the economic incentive review board established by 32 V.S.A. § 5930a(a) (except that in the second year of the 2007-2008 biennium the auditor’s report shall be submitted to the Vermont economic progress council).  The department and the board (and in the 2007-2008 biennium, the council) shall review the auditor’s report and in the fourth quarter of each biennium report to the senate committee on economic development, housing and general affairs, the senate committee on finance, the house committee on commerce and the house committee on ways and means in response to the findings and recommendations of the auditor together with any recommendations for improvements or amendments.

Sec. 24.  32 V.S.A. § 167(a) is amended to read:

(a)  For the purpose of examination and audit authorized by law, all the records, accounts, books, papers, reports, and returns in all formats of all departments, institutions, and agencies of the state including the trustees or custodians of trust funds and all municipal, school supervisory union, school district, and county officers who receive or disburse funds for the benefit of the state, shall be made available to the auditor of accounts.  It shall be the duty of each officer of each department, institution, and agency of the state or municipality, school supervisory union, school district, or county to provide the records, accounts, books, papers, reports, returns, and such other explanatory information when required by the auditor of accounts.

Sec. 25.  32 V.S.A. § 431(a) is amended to read:

(a)  The treasurer, the auditor and the governor shall select the banks in which the funds of the state treasury shall be deposited.  Each agency or department of the state shall be required to obtain the approval of the treasurer to establish and maintain a bank account of a selected bank as well as develop procedures, approved by the treasurer, to reconcile a bank account.  The treasurer shall annually furnish the auditor, on a timely basis, a certified statement from each bank, with which he or she has an account, of the amount of such account.

Sec. 26.  32 V.S.A. § 432 is amended to read:

§ 432.  MANAGEMENT OF INVESTED STATE MONEY

In the management of funds and securities belonging to the state or held in the treasury, with approval of the governor and auditor of accounts, he or she may change the form of investment thereof by exchange of securities or by sale and reinvestment of the same, as may be required for the safety and permanent security of such funds, may collect accruing interest and reinvest the same and may collect, enforce payment of, and reinvest all maturing securities and obligations and, for such purposes, may make legal transfers of the title of the same.

Sec. 27.  32 V.S.A. § 901 is amended to read:

§ 901.  BORROWING MONEY

The treasurer shall not make a contract binding the state for money borrowed unless it is countersigned by the secretary of state and the auditor.

Sec. 28.  32 V.S.A. § 1001(d)(1) is amended to read:

(1)  Membership.  Committee membership shall consist of:

(A)  As ex officio members:

(i)  the state treasurer;

(ii)  the auditor of accounts;

(iii)  the secretary of administration; and

(iv)(iii)  the secretary of the Vermont municipal bond bank.

(B)  One individual not an official or employee of state government appointed by the governor for a two-year term.

(C)  The auditor of accounts who shall be a nonvoting ex officio member.

Sec. 29.  32 V.S.A. § 1671(a)(6) is amended to read:

(6)  Notwithstanding any other provision of law to the contrary, for the recording or filing, or both, of any document that is to become a matter of public record in the town clerk's office, or for any certified copy of such document, a fee of $8.00 per page shall be charged; except that for the recording or filing, or both, of a property transfer return, a fee of $8.00 shall be charged;

Sec. 30.  32 V.S.A. § 4774(b) is amended to read:

(b)(1)  The treasurer or collector shall deposit to the general fund any tax overpayment by a taxpayer who has paid by mail or electronic fund transfer, provided that:

(1)(A)  the payment made was equal to the taxes due without regard to the discount under section 4773 of this title; and

(2)(B)  the overpayment amount is $2.00 $10.00 or less.

(2)  If the taxpayer requests refund of such an overpayment within one year of payment, the treasurer or collector shall refund it.

Sec. 31.  32 V.S.A. § 5137 is amended to read:

§ 5137.  RECORDING DELINQUENT PAYMENTS

A collector of taxes for a town or municipality within it shall receipt for every payment made to the collector on account of delinquent taxes.  Such receipt shall be written in triplicate in a bound book or other permanent record purchased at the expense of the municipality and shall indicate the date of the payment, the name of the person making the payment, the name of the person against whom was assessed the tax on which the payment is to be applied, the year in which such tax was assessed and if a partial payment on an annual tax bill, whether applied on poll, personal property or real estate taxes.  Such collector shall detach and deliver the original receipt forthwith to the person making the payment and one copy thereof within 30 days to the town clerk who shall keep such copy on file.  Such collector shall purchase at the expense of the municipality for which the collector is acting a sufficient number of such bound triplicate receipt books having the sets of originals and copies consecutively numbered.  Annually, on or before February 5, the collector shall deliver to the auditors of each municipality for which the collector is acting all such bound volumes in which entries pertaining to such municipality have been made during the year ending January 31 next preceding, and the auditors shall audit the books forthwith and after the completion of audit shall return such books to such collector.

Sec. 32.  REPEAL

(a)  10 V.S.A. § 1960(f) (annual audit of advisory committee books) shall be repealed.

(b)  32 V.S.A. § 163(10) (biennial audit of employment growth incentive program) shall be repealed on December 31, 2012.

Sec. 33.  EFFECTIVE DATE

Secs. 6 and 7 shall take effect upon passage.

After passage, the title of the bill is to be amended to read:

     AN ACT RELATING TO MISCELLANEOUS AMENDMENTS TO ELECTION AND GOVERNMENT LAWS.

And that the bill ought to pass in concurrence with such proposal of amendment.

Senator Cummings, for the Committee on Finance, to which the bill was referred, reported recommending that the bill ought to pass in concurrence when so amended.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith.

Thereupon, the bill was passed in concurrence with proposal of amendment.

House Proposal of Amendment Concurred In

S. 233.

House proposals of amendment to Senate bill entitled:

An act relating to temporary officiants for marriages and civil unions.

Were taken up.

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

First:  In Sec. 2, 18 V.S.A. § 5144a(a)(2), by striking out the following: “$150.00” and inserting in lieu thereof the following: $100.00

Second:  In Sec. 2, 18 V.S.A. § 5144a(b), in the second sentence, by striking out the second instance of the word “marriage

Third:  In Sec. 4, 18 V.S.A. § 5164a(a)(2), by striking out the following: “$150.00” and inserting in lieu thereof the following: $100.00

Fourth:  In Sec. 4, 18 V.S.A. § 5164a(b), in the second sentence, by striking out the word “marriage

Thereupon, the question, Shall the Senate concur in the House proposal of amendment?, was decided in the affirmative.

House Proposals of Amendment Not Concurred In; Committees of Conference Requested; Committees of Conference Appointed

S. 241.

House proposal of amendment to Senate bill entitled:

An act relating to special veteran and gold star registration plates.

Was taken up.

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

     First:  By striking out Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 to read as follows:

Sec. 4.  COMMISSIONER OF MOTOR VEHICLES REPORT ON ISSUANCE OF DISTINCTIVE REGISTRATION PLATES

The commissioner of motor vehicles shall report to the house and senate committees on transportation by January 15, 2009, on the best methods of administering the issuance of distinctive registration plates, including motorcycle plates, with the logo of the organization or group sponsoring or requesting the plates.  In addition to any other issue deemed appropriate by the commissioner, the report shall consider the advisability of requiring a bond or cash deposit and a minimum number of applicants before the plates may be produced.  The report shall also examine appropriate fees, the design of the plates, such as standard plates with logo decals, and if a minimum number of plates must be issued over a specific period in order for the program to continue.

     Second:  By adding a new section to be numbered Sec. 5 to read as follows:

Sec. 5.  EFFECTIVE DATES

Sec. 4 and this section shall take effect from passage, and the remainder of the act shall take effect on January 1, 2009.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Mazza, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Thereupon, pursuant to the request of the Senate, the President announced the appointment of

                                         Senator Collins

                                         Senator Mazza

                                         Senator Scott

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

S. 342.

House proposal of amendment to Senate bill entitled:

An act relating to Lake Champlain commemorative motor vehicle plates.

Was taken up.

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

Sec. 1.  23 V.S.A. § 515c is added to read:

§ 515c.  LAKE CHAMPLAIN QUADRICENTENNIAL COMMEMORATIVE MOTOR VEHICLE PLATES

(a)  Legislative intent.  It is the intent of the general assembly to commemorate the 400 years since the discovery of Lake Champlain in 1609.  In order to provide an appropriate tribute to the 400th anniversary, it is the purpose of this section to provide for the generation of revenue to help underwrite the costs for this celebration by authorizing the design, purchase, sale, and display of commemorative motor vehicle plates.

(b)  Authority.  The Lake Champlain quadricentennial commission is authorized to design, produce, purchase, distribute, and sell commemorative motor vehicle plates as described in subsection (a) of this section.  Plates shall not be produced, sold, distributed, or displayed which are not approved by the commissioner of motor vehicles.

(c)  Use.  Residents of the state of Vermont may display one approved commemorative plate on the front of a registered motor vehicle as provided in this subsection.  The commemorative plates shall not be used instead of regular registration plates, nor are they required to be displayed on a motor vehicle.  The commemorative plate may be displayed on a motor vehicle registered as a pleasure car and on trucks registered for less than 26,001 pounds and excluding vehicles registered under the International Registration Plan, by covering the front registration plate with the commemorative plate from July 1, 2008 until June 30, 2010.  The regular front registration plate shall not be removed.  The rear registration plate shall be in place and clearly visible at all times.

(d)  Price.  The retail price shall be established by the Lake Champlain quadricentennial commission; however, the first 400 plates shall be numbered as such and shall sell for a premium price, and the remainder of the plates issued shall sell for not less than $25.00.

Thereupon, pending the question, Shall the Senate concur in the House proposal of amendment?, on motion of Senator Mazza, the Senate refused to concur in the House proposal of amendment and requested a Committee of Conference.

Thereupon, pursuant to the request of the Senate, the President announced the appointment of

                                         Senator Kitchel

                                         Senator Mazza

                                         Senator Collins

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

Proposal of Amendment; Bill Passed in Concurrence with Proposals of Amendment

H. 203

House bill entitled:

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.

Was taken up.

Thereupon, pending third reading of the bill, Senator Campbell, on behalf of the Committee on Judiciary, moved to amend the bill as follows:

First:  In Sec. 2, by striking out § 319 in its entirety and inserting in lieu thereof a new §319 to read as follows:

§319.  Waiver of Will by Surviving Spouse

(a)  A surviving spouse may waive the provisions of the decedent’s will and in lieu thereof elect to take one-half of the balance of the estate, after the payment of claims and expenses.

(b)  The surviving spouse must be living at the time this election is made.  If the surviving spouse is mentally disabled and cannot make the election personally, a guardian or attorney in fact under a valid durable power of attorney may do so.

(c)  Notwithstanding the provisions of subsection (a), the rights of election of the surviving spouse in subsection 319(a) of this chapter may be waived in whole or in part before marriage by a written contract or waiver signed by the surviving spouse that is witnessed and acknowledged.  Such an agreement is not enforceable if the surviving spouse proves any of the following:

(1)  the surviving spouse did not execute the written contract or waiver voluntarily;

(2)  the written contract or waiver was unconscionable when it was made;

(3)  one spouse did not have separate legal representation at the time the written contract or waiver was executed;

(4)  the surviving spouse (i) was not provided with a full and fair financial disclosure of the property or financial obligations of the decedent; (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosures provided; and (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.

(d)  The provisions of subsection (c) of this section shall have no affect with respect to the provisions of 12 V.S.A. § 181(3).

(e)  This section shall apply to any agreements entered into on or after the effective date of this act.

Second:  By adding a new section to be numbered Sec. 5a to read as follows:

Sec. 5a.  27  V.S.A. §101 and §102 are amended to read:

§ 101. Definition; exemption from attachment and execution

The homestead of a natural person consisting of a dwelling house, outbuildings and the land used in connection therewith, not exceeding $75,000.00 $175,000.00 in value, and owned and used or kept by such person as a homestead together with the rents, issues, profits and products thereof, shall be exempt from attachment and execution except as hereinafter provided.


§ 102. Designating homestead in case of levy

When an execution is levied upon real estate of the person of which a homestead is a part or upon that part of a homestead in excess of the limitation of $75,000.00 $175,000.00 in value, that person may designate and choose the part thereof, not exceeding the limited value, to which the exemption created in section 101 of this title shall apply. Upon designation and choice or refusal to designate or choose, the officer levying the execution, if the parties fail to agree upon appraisers, shall appoint three disinterested freeholders of the vicinity who shall be sworn by him or her and who shall fix the location and boundaries of the homestead to the amount of $75,000.00 $175,000.00 in value. The officer shall then proceed with the sale of the residue of the real estate on the execution as in other cases, and the doings in respect to the homestead shall be stated in the return upon the execution.

Third:  In Sec. 6, (Effective Date) by striking out the date “September 1, 2008” and inserting in lieu thereof the date: January 1, 2009

And that after passage, the title of the bill is to be amended to read:

AN ACT RELATING TO DISPOSITION OF PROPERTY UPON DEATH, MISAPPLICATION OF FIDUCIARY PROPERTY, TRANSFER OF INTEREST IN VEHICLE UPON DEATH, AND HOMESTEAD EXEMPTION.

Which was agreed to.

Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment.

Rules Suspended; Proposal of Amendment; Third Reading Ordered

H. 619

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled:

An act relating to the regulation of sexual assault nurse examiners.

Was taken up for immediate consideration.

     Senator White, for the Committee on Government Operations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:


Sec. 1.  DESIGNATION

33 V.S.A. chapter 3, §§ 301–311 are designated as:

Subchapter 1.  General Provisions

Sec. 2.  33 V.S.A. chapter 3, subchapter 2 is added to read:

Subchapter 2.  Sexual Assault Nurse Examiners

§ 321.  DEFINITION

As used in this chapter, “SANE” means sexual assault nurse examiner.

§ 322.  SANE BOARD

(a)  The SANE board is created for the purpose of regulating sexual assault nurse examiners.

(b)  The SANE board shall be composed of the following members:

(1)  the executive director of the Vermont nurses association, or designee;

(2)  the executive director of the Vermont hospital association, or designee;

(3)  the director of the Vermont state police crime lab, or designee;

(4)  the director of the Vermont network against domestic and sexual violence, or designee;

(5)  an attorney with experience prosecuting sexual assault crimes, appointed by the attorney general;

(6)  the executive director of the Vermont center for crime victim services, or designee;

(7)  a law enforcement officer assigned to one of Vermont’s special units of investigation, appointed by the commissioner of public safety;

(8)  a law enforcement officer employed by a municipal police department, appointed by the executive director of the Vermont criminal justice training council;

(9)  three sexual assault nurse examiners, appointed by the attorney general;

(10)  a physician whose practice includes the care of victims of sexual assault, appointed by the Vermont medical society;

(11)  a pediatrician whose practice includes the care of victims of sexual assault, appointed by the Vermont chapter of the American Academy of Pediatricians;

(12)  the coordinator of the Vermont victim assistance program, or designee;

(13)  the president of the Vermont alliance of child advocacy centers, or designee; and

(14)  the chair of the Vermont state board of nursing, or designee; and

(15)  the commissioner for children and families, or designee.

§ 323.  SANE PROGRAM CLINICAL COORDINATOR

A grant program shall be established by the Vermont center for crime victim services, subject to available funding, to fund a clinical coordinator position for the purpose of staffing the SANE program.  The position shall be contracted through the Vermont network against domestic and sexual violence.  The clinical coordinator shall consult with the SANE board in performing the following duties:

(1)  oversee the recruitment and retention of SANEs in the state of Vermont;

(2)  administer a statewide training program, including:

(A)  the initial SANE certification training;

(B)  ongoing training to ensure currency of practice for SANEs; and

(C)  advanced training programs as needed;

(3)  provide consultation and technical assistance to SANEs and hospitals regarding the standardized sexual assault protocol;

(4)  provide training and outreach to criminal justice and

community-based agencies as needed.

§ 324.  SANE BOARD; DUTIES

(a)  A person licensed under chapter 28 of Title 26 may obtain a specialized certification as a sexual assault nurse examiner if he or she demonstrates compliance with the requirements for specialized certification as established by the SANE board by rule.

(b)  The SANE board shall adopt the following by rule:

(1)  educational requirements for obtaining specialized certification as a sexual assault nurse examiner and statewide standards for the provision of education;

(2)  continuing education requirements and clinical experience necessary for maintenance of the SANE specialized certification;

(3)  a standardized sexual assault protocol and kit to be used by all physicians or hospitals in this state when providing forensic examinations of victims of alleged sexual offenses; and

(4)  a system of monitoring for compliance.

(c)  The SANE board may investigate complaints against a SANE and may revoke certification as appropriate.

Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered.

Committees of Conference Appointed

H. 636.

An act relating to embezzlement by a public official.

Was taken up.  Pursuant to the request of the House, the President announced the appointment of

                                         Senator Mullin

                                         Senator Sears

                                         Senator Campbell

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.

H. 635.

An act relating to reports of child abuse or neglect.

Was taken up.  Pursuant to the request of the House, the President announced the appointment of

                                         Senator Racine

                                         Senator Flanagan

                                         Senator Mullin

as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses.


Rules Suspended; Bills Messaged

On motion of Senator Shumlin, the rules were suspended, and the following bills were ordered messaged to the House forthwith:

S. 241, S. 342, H. 203, H. 436.

Rules Suspended; Action Messaged

On motion of Senator Shumlin, the rules were suspended, and the action on the following bills was ordered messaged to the House forthwith:

H. 635, H. 636.

Rules Suspended; Bill Committed

H. 887.

Pending entry on the Calendar for notice, on motion of Senator Racine, the rules were suspended and House bill entitled:

An act relating to health care reform.

Was taken up for immediate consideration.

Thereupon, pending the reading of the report of the Committee on Health and Welfare, Senator Racine moved that Senate Rule 49 be suspended in order to commit the bill to the Committee on Appropriations with the report of the Committee on Health and Welfare intact,

Which was agreed to.

Message from the Governor

A message was received from His Excellency, the Governor, by Dennise Casey, Secretary of Civil and Military Affairs, as follows:

Mr. President:

I am directed by the Governor to inform the Senate that on the twenty-third day of April, 2008, he approved and signed a bill originating in the Senate of the following title:

S. 280.  An act relating to prosthetic parity.

Adjournment

On motion of Senator Shumlin, the Senate adjourned until eleven o’clock in the morning.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us