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Journal of the Senate

________________

Saturday, May 3, 2008

The Senate was called to order by the President.

Devotional Exercises

A moment of silence was observed in lieu of devotions.

Message from the House No. 74

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has considered a bill originating in the Senate of the following title:

S. 210.  An act relating to the appointment of a town school district treasurer pending election at a special of annual meeting.

And has passed the same in concurrence.

The House has considered Senate proposal of amendment to House bill of the following title:

H. 669.  An act relating to the Vermont historic downtown.

And has concurred therein.

The House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title:

H. 515.  An act relating to the collection and disposal of mercury-added thermostats.

And has adopted the same on its part.

The Governor has informed the House of Representatives that on the first day of May, 2008, he approved and signed bills originating in the House of the following titles:

H. 170.  An act relating to retirees of the University of Vermont.

H. 862.  An act relating to approval of amendments to the charter of the Village of Waterbury.

The House has adopted a Joint Resolution of the following title:

J.R.H. 66.  Joint resolution urging Congress to adopt H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008.”

In the adoption of which the concurrence of the Senate is requested.

The House has considered a joint resolution originating in the Senate of the following title:

J.R.S. 63.  Joint resolution requesting the sustainable agricultural council to establish a locally grown collaborative to coordinate future policy pertaining to local food growth initiatives in Vermont.

And has adopted the same in concurrence.

Joint Resolution Adopted in Concurrence

J.R.H. 66.

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

Joint resolution urging Congress to adopt H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008”.

Whereas, Vermont is a rural state with minimal public transportation, and farmers are dependent on gasoline for essential motorized operations, and

Whereas, the federal Energy Information Administration (EIA) announced on April 28, 2008 that the nationwide average retail price of regular unleaded gasoline stood at 365.3 cents per gallon, and the comparable New England figure was nearly as high at 364.9 cents per gallon, and this upward spiral represents a per-gallon rise of 30 cents nationally and 40 cents regionally just since the end of March, and

Whereas, the average cost of diesel fuel, combining all subcategories of diesel, has risen approximately 18 cents in just the last four weeks, and

Whereas, the economic impact of the skyrocketing gas prices on the Vermont economy is spreading as families are restricting nonessential but revenue-generating activities and purchases, and

Whereas, after the 1973 oil embargo, Congress established a Strategic Petroleum Reserve (SPR) as a supply source in times of an energy emergency, and

Whereas, the SPR is over 96 percent full with 700.9 million barrels, and, in contrast to practices in prior decades, the Bush administration has continued to purchase oil for the SPR regardless of market conditions, and

Whereas, a 2003 report of the minority staff of the U.S. Senate Committee on Government Affairs Permanent Subcommittee on Investigations concluded that making oil deposits into the SPR drove up crude oil prices through a tightening of the supply and a reduction in the domestic stock, and independent economists have estimated that filling the SPR has resulted in a rise in the price of oil of at least $2.25 per barrel or as much as $0.25 per gallon of gasoline, and

Whereas, in 2000, the Clinton administration’s release of 30 million barrels from the SPR, in anticipation of a threatened home heating fuel crisis, caused the price to drop from $37 to $31 per barrel, and similarly when the U.S. Department of Energy released 11 million gallons from the SPR following Hurricane Katrina, crude prices dropped approximately $5.00 per barrel, and

Whereas, on February 8, 2008, Congressman Peter Welch along with Congressman Ron Kind of Wisconsin and Congressman Rahm Emanuel of Illinois wrote to President Bush requesting that a planned deposit of 12.3 million barrels of oil into the SPR be delayed for six months in order to reduce the price of oil temporarily, and

Whereas, when the Bush administration rejected this request, Congressman Peter Welch introduced H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008,” which would suspend the delivery of crude oil to the SPR for the balance of 2008, or alternatively until after a 120-day period that would begin if the U.S. secretary of energy notifies Congress that the weighted average price of petroleum in the United States for the most recent 90-day period is $50 or less per barrel and that would conclude 30 days after the secretary’s congressional notification, and

Whereas, although this legislative measure proposes a short-term step to stem skyrocketing energy costs, its adoption could save consumers as much as 24 cents per gallon, and

Whereas, H.R. 5473 now has 63 cosponsors, and U.S. House Speaker Nancy Pelosi has joined the bill’s cosponsors in calling on President Bush to suspend oil shipments to the SPR, and

Whereas, all three major party presidential candidates have expressed at least conceptual support for suspending further oil deposits into the SPR, now therefore be it

Resolved by the Senate and House of Representatives:

That the general assembly urges Congress to adopt H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008” as quickly as possible, and be it further

Resolved:  That the secretary of state be directed to send a copy of this resolution to U.S. House Speaker Nancy Pelosi, to U.S. Representative John Dingell, chair of the U.S. House Committee on Energy and Commerce, and to the Vermont congressional delegation.

Senate Resolution Adopted

Senate resolution of the following title was offered, read and adopted, and is as follows:

     By Senators Shumlin, Ayer, Bartlett, Campbell, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Snelling, Starr and White,

     S.R. 31.  Senate resolution urging the Governor and the Attorney General to petition the administrator of the United States Environmental Protection Agency to seek a waiver from the food-to-fuel mandates as provided for in the Energy Independence and Security Act of 2007.

Whereas, food prices are rising twice as fast as inflation, causing severe economic harm to consumers, and

Whereas, feed prices are rising dramatically, causing severe economic harm to dairy farmers and other livestock owners, and

Whereas, the prices of basic staples such as milk and eggs have increased dramatically in recent years as the price of animal feed has grown, and

Whereas, federal food-to-fuel mandates included in the Energy Independence and Security Act of 2007 currently divert 25 percent of America’s corn supplies and will soon divert 40 percent to our fuel supplies, and this diversion significantly increases the cost of vegetable oils for food production and feed, and

Whereas, federal food-to-fuel mandates will soon divert 30 percent of America’s vegetable oil supplies to our fuel supplies, significantly increasing the cost of vegetable oils for food production, and

Whereas, federal food-to-fuel mandates are tightening supplies of other crops contributing to higher food prices, and

Whereas, food-to-fuel mandates are creating new environmental challenges, including poor air and water quality and increased greenhouse gas emissions, and

Whereas, the Energy Independence and Security Act provides states with the power to petition the administrator of the United States Environmental Protection Agency to reduce the amount of food being diverted to our fuel supplies, now therefore be it  

Resolved by the Senate:

That the Senate of the State of Vermont urges the Governor to utilize the waiver provisions of the Energy Independence and Security Act of 2007 to petition the administrator of the United States Environmental Protection Agency to reduce the amount of food being diverted into America’s fuel supplies, and be it further

ResolvedThat the Secretary of the Senate be directed to send a copy of this resolution to the Governor and to the Attorney General.

Senate Resolution Adopted

S.R. 30.

Senate resolution entitled:

Senate resolution encouraging the Business-Education Alliance to continue working for an effective organizational structure for state education governance.

Having been placed on the Calendar for action, was taken up and adopted.

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged

H. 889.

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

An act relating to the state’s transportation program.

Was taken up for immediate consideration.

Senator Mazza, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:

H. 889.  An act relating to the state’s transportation program.

Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended by striking out all after the enacting clause and by inserting in lieu thereof the following:

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

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

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

program-specific amendments, the aggregate sum of which equals the net “Change” in the applicable table heading.

* * * State Bridges * * *

Sec. 2.  PROGRAM DEVELOPMENT – STATE BRIDGES

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

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

FY09                   As Proposed              As Amended                 Change

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

ROW                     256,419                                0              -256,419

Construction                      0                                0                           0

Other                                 0                                0                           0

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

Sources of funds

State                       263,993                                0              -263,993

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

Local                                 0                                0                           0

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

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

FY09                   As Proposed              As Amended                 Change

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

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

Sources of funds

State                                  0                     263,993                263,993

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

Local                                 0                                0                           0

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

* * *  Roadway * * *

Sec. 3.  PROGRAM DEVELOPMENT – ROADWAY

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

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

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

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

Other                                 0                                0                           0

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

Sources of funds

State                       185,000                       50,000              -135,000

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

Local                                 0                                0                           0

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

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

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

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

Other                                 0                                0                           0

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

Sources of funds

State                       900,000                                0              -900,000

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

Local                                 0                                0                           0

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

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

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                      287,500                                0              -287,500

Total                       287,500                                0              -287,500

Sources of funds

State                       287,500                                0              -287,500

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       287,500                                0              -287,500

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

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

* * *  Paving * * *

Sec. 4.  PROGRAM DEVELOPMENT – PAVING

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

(1)  Total authorized spending in the paving program is increased by $100,910 in transportation funds and $403,640 in federal funds.  The agency shall allocate the additional funds to paving projects in its discretion.

* * * Bike and Pedestrian Facilities * * *

Sec. 5.  PROGRAM DEVELOPMENT – BIKE AND PEDESTRIAN FACILITIES

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

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

* * * Traffic and Safety Operations * * *

Sec. 6.  PROGRAM DEVELOPMENT – TRAFFIC AND SAFETY OPERATIONS

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

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

FY09                   As Proposed              As Amended                 Change

PE                                     0                       50,000                  50,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                                  0                       50,000                  50,000

Sources of funds

State                                  0                                0                           0

Federal                              0                                0                           0


Local                                 0                       50,000                  50,000

Total                                  0                       50,000                  50,000

* * * Park & Ride * * *

Sec. 7.  PROGRAM DEVELOPMENT – PARK & RIDE

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

(1)  Authorized spending for the Enosburg CMG-Park(20) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                            20,112                       20,112                           0

ROW                       75,000                                0                -75,000

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                         95,112                       20,112                -75,000

Sources of funds                                                                             

State                                  0                                0                           0

Federal                     95,112                       20,112                -75,000

Local                                 0                                0                           0

Total                         95,112                       20,112                -75,000

* * * Transportation Buildings * * *

Sec. 8.  TRANSPORTATION BUILDINGS

The following modifications are made to the transportation buildings program:

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

FY09                   As Proposed              As Amended                 Change

PE                              3,000                                0                  -3,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                           3,000                                0                  -3,000

Sources of funds                                                                             

State                           3,000                                0                  -3,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                           3,000                                0                  -3,000

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

* * * Maintenance * * *

Sec. 9.  MAINTENANCE

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

FY09                               As Proposed       As Amended             Change

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

Operating Expenses            32,156,492         31,632,292          -524,200

Grants                                     316,020              316,020                      0

Total                                  64,485,074         63,960,874          -524,200

Sources of funds                                                                                    

State                                  60,733,558         60,295,608          -437,950

Federal                                 3,651,516           3,565,266            -86,250

Other                                      100,000              100,000                      0

Total                                  64,485,074         63,960,874          -524,200

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

* * * Aviation * * *

Sec. 10.  AVIATION

The following modifications are made to the aviation program:

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

FY09                   As Proposed              As Amended                 Change

PE                          360,000                     360,000                           0

ROW                     900,000                     900,000                           0

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

Other                                 0                                0                           0

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

Sources of funds

State                       218,200                     180,000                -38,200

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

Local                      228,800                     267,000                  38,200

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

(2)  In addition to the change made in subdivision (1) of this section, total authorized spending in the aviation program is reduced by $50,000 in transportation funds.  The agency shall determine where the reductions are to be made.

* * * Bridge Maintenance * * *

Sec. 11.  BRIDGE MAINTENANCE

Authorized spending in the bridge maintenance program is reduced by $500,000 in transportation funds.

* * * Public Transit * * *

Sec. 12.  PUBLIC TRANSIT

(a)  Authorized spending in the public transit program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                 13,152,700                13,202,700                  50,000

Total                  13,152,700                13,202,700                  50,000

Sources of funds

State                    5,358,924                  5,408,924                  50,000

Federal                7,793,776                  7,793,776                           0

Local                                 0                                0                           0

Total                  13,152,700                13,202,700                  50,000

(b)  This change is made to increase by $50,000 authorized spending in programs funding public transit services for the elderly and people with disabilities, including critical medical care transportation services.

* * * State and Interstate Bridges * * *

Sec. 13.  STATE AND INTERSTATE BRIDGES

Authorized spending in the state and interstate bridge programs is increased by $200,000 in transportation funds and $800,000 in federal funds to be allocated as determined by the agency.

* * * Town Highway Programs * * *

Sec. 14.  TOWN BRIDGE

The following modifications are made to the town bridge program:

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

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

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

Other                                 0                                0                           0

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

Sources of funds

State                       225,600                                0              -225,600

Federal                   902,400                                0              -902,400

Local                                 0                                0                           0

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

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

FY09                   As Proposed              As Amended                 Change

PE                            34,669                                0                -34,669

ROW                       48,286                                0                -48,286

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                         82,955                                0                -82,955

Sources of funds

State                         74,660                                0                -74,660

Federal                              0                                0                           0

Local                          8,295                                0                  -8,295

Total                         82,955                                0                -82,955

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

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

Sec. 15.  TOWN HIGHWAY EMERGENCY FUND

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

FY09                   As Proposed              As Amended                 Change

Other                                 0                     250,000                250,000

Total                                  0                     250,000                250,000

Sources of funds

State                                  0                     250,000                250,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                                  0                     250,000                250,000

Sec. 16.  TOWN HIGHWAY CLASS 2 ROADWAY

The following modifications are made to the town highway class 2 roadway program:

FY09                   As Proposed              As Amended                 Change

Other                   5,748,750                  6,448,750                700,000

Total                    5,748,750                  6,448,750                700,000

Sources of funds

State                    5,748,750                  6,448,750                700,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                    5,748,750                  6,448,750                700,000

Sec. 17.  TOWN HIGHWAY STRUCTURES

The following modifications are made to the town highway structures program:

FY09                   As Proposed              As Amended                 Change

Other                   3,494,500                  3,833,500                339,000

Total                    3,494,500                  3,833,500                339,000

Sources of funds

State                    3,494,500                  3,833,500                339,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                    3,494,500                  3,833,500                339,000

* * * Rail * * *

Sec. 18.  RAIL

The following modifications are made to the rail program:

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

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                      750,000                       45,000              -705,000

Total                       750,000                       45,000              -705,000

Sources of funds

State                       250,000                       15,000              -235,000

Federal                              0                                0                           0

Local                      500,000                       30,000              -470,000

Total                       750,000                       45,000              -705,000

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

FY09                   As Proposed              As Amended                 Change

PE                            50,000                                0                -50,000

ROW                                0                                0                           0

Construction                      0                                0                           0

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

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

Sources of funds

State                         50,000                                0                -50,000

Federal                              0                     960,000                960,000

Local                                 0                     240,000                240,000

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

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

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

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

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


FY09                   As Proposed              As Amended                 Change

Other                      350,000                     300,000                -50,000

Total                       350,000                     300,000                -50,000

Sources of funds

State                       350,000                     300,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       350,000                     300,000                -50,000

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

FY09                   As Proposed              As Amended                 Change

Other                      175,000                     125,000                -50,000

Total                       175,000                     125,000                -50,000

Sources of funds

State                       175,000                     125,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       175,000                     125,000                -50,000

(5)  Authorized spending for the marketing of Amtrak services is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                      100,000                       50,000                -50,000

Total                       100,000                       50,000                -50,000

Sources of funds

State                       100,000                       50,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       100,000                       50,000                -50,000

* * * Rail Quiet Zones * * *

Sec. 19.  RAIL QUIET ZONES

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

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

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

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

* * * Central Garage * * *

Sec. 20.  AGENCY VEHICLE FLEET

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

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

(2)  one under-bridge inspection vehicle for bridge inspection and other related uses.

Sec. 21.  TRANSFER TO THE CENTRAL GARAGE FUND

Notwithstanding 19 V.S.A. § 13(c), in fiscal year 2009, $880,000 shall be transferred from the transportation fund to the central garage fund and allocated to the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A. § 13(b). 

* * * SUPPLEMENTAL PAVING PROGRAM * * *

Sec. 22.  SUPPLEMENTAL PAVING  PROGRAM

     (a)  The general assembly hereby authorizes a special program consisting of $3,000,000 of transportation funds and, to the extent the transportation funds can be used to match available federal funds, such associated federal funds, to improve the condition of selected state and class 1 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 shall identify state highways and class 1 town highways to which simple, cost‑effective repairs designed to last more than one year can be made to repair road damages. 

Sec. 23.  SECRETARY OF TRANSPORTATION; TRANSFER OF APPROPRIATIONS

     (a)  To implement the program authorized in Sec. 22 of this act:

          (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.

(b)  The authority granted in subsection (a) of this section is limited to accomplishing the objectives of the program authorized by this act and shall expire upon the completion of the program.

Sec. 24.  FISCAL YEAR 2008 APPROPRIATION ADJUSTMENTS

(a)  Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in transportation fund:

(1)  town highway emergency fund                                      $690,000

(2)  policy and planning                                                      $300,000

(3)  town highway bridge                                                    $330,969

(4)  department of motor vehicles                                       $100,000

(5)  rail                                                                           $1,296,451

(b)  Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in federal funds:

(1)  town highway bridge                                                 $1,323,878

(c)  Fiscal year 2008 transportation appropriations shall be increased by the following amounts:

(1)  program development                                               $2,027,838

Sec. 25.  RUTLAND-MIDDLEBURY RAIL TRACK IMPROVEMENTS

Notwithstanding the authority granted in Sec. 23 of this act and in 19 V.S.A. § 10g(h), the funds authorized in the fiscal year 2009 transportation program for the Rutland-Middlebury track improvements project MP87-96 are exclusively reserved for the project.

Sec. 26.  REVERSIONS

Notwithstanding any other provisions of law, in fiscal year 2008, the following amounts shall revert to the transportation fund from the accounts indicated:

(1)  8100001900 - town highway Vermont local roads    $ 37,838

Sec. 27.  FISCAL YEAR 2008 FUND TRANSFERS

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; and

(2)  $1,000,000 shall be transferred from the central garage fund to the transportation fund.

Sec. 28.  FISCAL YEAR 2009 APPROPRIATION ADJUSTMENTS AND FUND TRANSFERS

To implement the supplemental paving program authorized in Sec. 22 of this act, the following transfers and appropriations adjustments are specified in fiscal year 2009:

(1)  The transportation – program development operating expenses appropriation shall be reduced by $500,000 in transportation funds.

(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, $500,000 shall be transferred to the central garage fund from the transportation fund.

* * * Study of Transportation Bonding Options * * *

Sec. 29.  BRIDGES AND CULVERTS, LONG-TERM ASSESSMENT, FUNDING OPTIONS

     (a)  The state treasurer, working jointly with the agency of transportation and the joint fiscal office, shall prepare a report containing a long-term needs assessment for repair, maintenance, and rehabilitation of bridges and culverts in the state and provide funding options and recommendations for such long-term needs.

(b)  The report shall include, but not be limited to, the following:

     (1) an evaluation of bridges and culverts using the established performance measures defined and used by the agency of transportation’s program development division, and develop a plan, with estimated costs, for meeting such performance measures;

(2)  a definition of preventive maintenance, present the agency’s five-year plan for doing such maintenance, and the estimated costs for this maintenance;

(3)  an estimate of the cost of replacing structures over the age of 70 years.

(c)  The funding options and recommendations shall be developed by the state treasurer, who shall select and oversee, pursuant to a public competitive selection process, an investment bank to act as an adviser to the state to develop multiple financing proposals, including but not limited to general obligation, revenue, and GARVEE bond options, for a long-term program dedicated to funding life cycle rehabilitation work on bridges and culverts in the state system and on town bridges eligible for funding under the town highway bridge program that will extend the useful lives of these structures on a long-term, cost-effective basis.

(d) On or before November 15, 2008 the treasurer shall provide the report to a special committee composed of the following:  the members of the joint transportation oversight committee, the secretary of transportation, the treasurer, the secretary of administration, two gubernatorial appointees, and the commissioner of finance and management.  The chair of Joint Transportation Oversight Committee shall be in the chair of the special committee. The special committee shall meet as necessary to review the report, and by December 1, 2008 shall make such recommendations to the governor as the committee may deem appropriate regarding funding options for such programs including annual reductions in the amount of transportation funds appropriated for general government purposes as well as other state revenues generated by transportation functions that are not deposited in the transportation fund.

(e)  The state treasurer shall also provide the report to the Capital Debt Affordability Advisory Committee for its consideration and deliberations.

* * * Signage * * *

Sec. 30.  SIGNAGE FOR BRIDGE PROJECTS

On or before January 15, 2009, the agency of transportation shall report to the house and senate committees on transportation on its recommendation on how to most efficiently establish procedures and requirements relating to signage for all state and town bridge projects spanning more than 20 feet in length.  The agency’s recommendations shall include consideration of the following:

(1)  Whether the signage should be erected on both sides of the project for the duration of the construction’s,

(2)  The design of the signs and whether the contractor shall purchase and install the signs as part of the contract bid price;

(3)  Whether the signs shall indicate the cost of the project,

(4)  Whether signs for state bridge projects shall include the following:  “This is an agency of transportation project paid for with your tax dollars;”

(5)  Whether signs for town bridge projects shall include the following:  “This is a project sponsored by (name of municipality) and the agency of transportation, and paid for with your tax dollars;”, and

     (6)  Any other recommendations the agency deems appropriate.

* * * State-Owned Railroad Property * * *

Sec. 31.  Sec. 17(e) of No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

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

* * * Use of State Highway Facilities * * *

Sec. 32.  23 V.S.A. § 1106 is added to read:

§ 1106.  LIMITATIONS ON USE OF STATE HIGHWAY FACILITIES

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

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

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

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

Sec. 33.  REPEAL

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

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

Sec. 34.  32 V.S.A. § 9741(7) is amended to read:

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


* * * Public Transit Study * * *

Sec. 35.  PUBLIC TRANSIT STUDY

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

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

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

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

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

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

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

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

* * * Larrabee’s Point Ferry * * *

Sec. 36.  Sec. 1 of No. 59 of the Acts of 1991 is amended to read:

Sec. 1.  LARRABEE’S POINT FERRY

(a)  Rights granted.

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

(b)  Conditions.

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

(c)  Forfeiture.

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

(d)  Investments made.

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

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

Sec. 37.  23 V.S.A. § 1050a is added to read:

§ 1050a.  AUTHORIZED HIGHWAY MAINTENANCE VEHICLES

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

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

* * * Vermont Coordinate System * * *

Sec. 38.  1 V.S.A. § 671 is amended to read:

§ 671.  VERMONT COORDINATE SYSTEMS DEFINED

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

Sec. 39.  1 V.S.A. § 672 is amended to read:

§ 672.  COORDINATES DEFINED

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

* * * Aggregate Sources * * *

Sec. 40.  AGGREGATE SOURCES

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

* * * Addison–Crown Point, NY Bridge * * *

Sec. 41.  ADDISON–CROWN POINT, NY BRIDGE

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

* * * Allocation of Capital Funds ***

Sec. 42.   ALLOCATION OF CAPITAL CONSTRUCTION ACT FUNDS

In its addendum to the FY 2009 transportation budget developed pursuant to Sec. 27(d) of the capital construction bill for FY 2009, the agency of transportation shall first allocate funds as follows:

(1)  The first $135,869 shall be allocated to advance town bridge federal earmark projects;

(2)  The second $200,000 shall be allocated to advance other town bridge projects; and

(3)  The third $800,000 shall be allocated to advance paving or highway projects as determined by the agency.

* * * Vermont Truck Network * * *

Sec. 43.  23 V.S.A. § 1432(c) is amended to read:

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

* * * Authority to Purchase Amtrak Equipment * * *

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

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

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

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

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

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

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

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

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

(6)  The vendor of the DMU equipment must agree, should the state of Vermont determine that the demonstration project is unsuccessful, to act as the state’s agent to sell the DMU equipment at a minimum of 90 percent of the purchase price and, should the DMU equipment not sell within one year, to purchase the DMU equipment back at 90 percent of the purchase price.  The stipulation in the contracts related to the equipment buyback must be reviewed by the state treasurer with regard to the effect of buyback provisions on the state’s current debt position.

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

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

* * * Report on Diesel Tax Exemption * * *

Sec. 45.  REPORT ON MOTOR BUS EXEMPTION FROM DIESEL TAX

The joint fiscal office shall analyze and report by January 15, 2009, to the house and senate committees on transportation on the transportation fund revenue implications of amending the diesel tax to eliminate the exemption for motor buses.  The report shall specifically consider the revenue implications of amending 23 V.S.A. § 3003(d) (1) to read:

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

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

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

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

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

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

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

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

* * *

* * * Railroad Vandalism Prevention * * *

Sec. 46.  13 V.S.A. § 3110 is added to read:

§ 3110.  RAILROAD VANDALISM

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

(b)  Definitions.  For purposes of this section:

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

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

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

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

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

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

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

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

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

(d)  Penalty for vandalism of railroad property. 

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

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

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

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

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

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

Sec. 47.  REPEALS

The following are repealed:

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

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

* * * Bennington Rail Banking Project * * *

Sec. 48.  BENNINGTON RAIL BANKING PROJECT

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

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

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

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

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

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

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

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

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

Sec. 49.  23 V.S.A. § 4(34)(A)(iv) is amended to read:

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

* * * Recycled Asphalt Pavement * * *

Sec. 50.  19 V.S.A. § 10c(m) is added to read:

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

* * * Public Transportation System Integrity * * *

Sec. 51.  PUBLIC TRANSPORTATION SYSTEM INTEGRITY

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

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

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

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

(e)  As early as practicable, the agency of transportation shall issue a report to the joint transportation oversight committee established under 19 V.S.A.

§ 12b(a) regarding grant awards made under this section.

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

* * * Smugglers Notch * * *

Sec. 52.  23 V.S.A. § 1006b is amended to read:

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

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

Sec. 53.  SUPPLEMENTARY MEASURES; RECREATIONAL AND EMERGENCY ACCESS

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


* * * State Rail Trails * * *

Sec. 54.  STATE MAINTAINED RAIL TRAILS

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

* * * Sign Law—Murals * **

Sec. 55. 10 V.S.A. § 494 is amended to read:

§ 494.  EXEMPT SIGNS

The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title:

* * *

(13)  Murals that relate exclusively to a downtown designated under 24 V.S.A. chapter 76A, whether located within or outside of the designated downtown itself, provided that all of the following apply: the mural is hand‑painted; it is painted directly on the outside surface of a structure that has been in existence on the site for at least the preceding 25 years; it is located no more than three miles from the designated downtown; its placement has been authorized by the legislative body of the municipality in which it is located; and any words used pertain only to the direction or distance to, and the name of, the designated downtown.   A mural exempted under this subdivision that is visible from the off‑ramp of a limited access facility and not otherwise visible from such a facility shall also be exempt from compliance with subsection 495(b) of this title.

* * * Railroad Farm Crossings * * *

Sec. 56.  RAILROAD FARM CROSSINGS

(a)  The general assembly acknowledges the report of the railroad farm crossing study committee created under Sec. 43 of Act No. 75 of 2007. However, the general assembly finds that there remain questions which merit additional study.

(b)  The agency of transportation is directed to continue to study the issues identified in Sec. 43 of  No. 75 of the Acts of 2007 and shall submit recommendations in a report to the senate and house committees on transportation, agriculture, and natural resources by December 1, 2008.

(c)  For the purposes of this section, the agency is authorized to retain the services of a consultant.


* * * Annual Reports * * *

Sec. 57.  19 V.S.A. § 10c(k) is added to read:

(k)(1)  The agency shall by January 15 of each year submit a report on the pavement conditions of the state highway system to the house and senate committees on transportation which, at a minimum, shall contain the information, updated to the latest date consistent with the publication date, which is included in the agency’s publication entitled “Pavement Management Annual Report 2006.”  The report in addition shall include information describing the actual historic percentage of state system pavement which is rated as being in poor or very poor condition.

(2)  The agency shall report to the house and senate committees on alternate formats and measurements for this report.

Sec. 58.  19 V.S.A. § 10c(l) is added to read:

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

* * * Repeal of Miscellaneous Reporting Requirements * * *

Sec. 59.  SESSION LAW REPEALS

The following provisions of session law are repealed:

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

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

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

Sec. 61.  Sec. 50 of  No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 60.  TOWN HIGHWAY BRIDGE AND CULVERT INVENTORY

The agency of transportation is directed to complete and deploy an integrated software product by November 1, 2006 to handle data entry, access and status reporting of town bridge and culvert inventories currently collected by regional planning commissions (RPCs), the metropolitan planning organization, and towns and their contractors.  The software product shall conform to the specifications defined in the VGIS Bridge and Culvert Data Exchange Standard (VGIS Handbook:  Part 2 - Standards - Section H).  All town bridge and culvert inventory data which have been collected and which hereafter are collected by regional planning commissions in a data format conforming to the specifications of the VGIS Bridge and Culvert Data Exchange Standard shall be made available by the regional planning commissions to the Vermont center for geographic information which shall make such data available to the agency and to the general public on its website.  The agency of transportation shall encourage the RPCs and the metropolitan planning organization to complete the inventories for their region, and shall annually update the house and senate committees on transportation on the status of the data collection by regional planning commissions with a report on the general condition of town assets recorded in the bridge and culvert data base.

Sec. 61.  REPEAL

19  V.S.A. § 10g(e) (separate report regarding certain projects with cost estimates exceeding $5 million) is repealed.

Sec. 62.  19 V.S.A. § 10g(d)(1) is amended to read:

(d)(1)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually biannually present to the general assembly an analysis of the balance between the state's commitments to transportation projects and total available resources for projects over the ten-year five-year period commencing with the fiscal year of the transportation program.  The analysis shall include, on a current dollar basis, individual estimates and projected schedules for all projects with a total project cost estimate in excess of $10 million.

Sec. 63.  TITLE 23 REPEALS

The following provisions of Title 23 are repealed:

(1)  § 1042(d) (report on municipal truck routes).

(2)  § 1803(k) (annual report of Vehicle Equipment Safety Commission).

* * * Effective Dates * * *

Sec. 64.  EFFECTIVE DATES

The following sections of this act shall take effect from passage:

     (1)  Sec.18 (2) (rail North Avenue tunnel) shall take effect from passage.

     (2)  Sections 22-28 (supplemental paving program)

     (3)  Sec. 29 (bridges, culverts, long term assessment)

     (4)  Sec. 51 (public transit system integrity)

                                                                        RICHARD T. MAZZA

                                                                        PHILIP B. SCOTT

                                                                        M. JANE KITCHEL

                                                                 Committee on the part of the Senate

                                                                        RICHARD WESTMAN

                                                                        TIMOTHY CORCORAN

                                                                        SUE MINTER

                                                                 Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

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

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged

H. 891.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled:

     An act making appropriations for the support of government.

Was taken up for immediate consideration.

Senator Bartlett, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:

H. 891.  An making appropriations for the support of government.

     Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended 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)  The bill is organized by functions of government.  The sections between 2.000 and 2.999 contain appropriations of funds.  The sections between 5.000 and 5.999 contain language that relates to specific appropriations and/or government functions.  The function areas by section numbers are as follows: 

2.001 – 2.099 and 5.001 – 5.099             General Governments

2.101 – 2.199 and 5.101 – 5.199             Protections to Persons & Property

2.201 – 2.299 and 5.201 – 5.299             Human Services

2.301 – 2.399 and 5.301 – 5.399             Labor, K-12 and Higher Education

2.401 – 2.499 and 5.401 – 5.499             Natural Resources

2.501 – 2.599 and 5.501 – 5.599             Commerce & Community Development

2.601 – 2.699 and 5.601 – 5.699             Transportation

2.701 – 2.799 and 5.701 - 5.799             Debt Service

2.801 – 2.899 and 5.801 – 5.899             Allocations, One-time and Contingent    

2.901 - 2.999 and 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                            3,520,072 

                   Operating expenses                        1,306,663 

                   Grants                                                 45,450 

                        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                            2,155,192 

                   Operating expenses                           163,692 

                        Total                                         2,318,884 

               Source of funds                                                   

                   General fund                                   2,318,884 

Sec. 2.029.  Legislature

                   Personal services                            4,014,859 

                   Operating expenses                        3,419,474 

                        Total                                         7,434,333 

               Source of funds                                                   

                   General fund                                   7,434,333 

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                                   4,594,248 

                   Special funds                                  1,295,235 

                   Tobacco fund                                    290,000 

                   Federal funds                                    643,000 


                   Interdepartmental transfer               1,489,930 

                        Total                                         8,312,413 

Sec. 2.102.  Vermont court diversion

                   Grants                                            1,724,534 

               Source of funds                                                   

                   General fund                                   1,204,534 

                   Special funds                                     520,000 

                        Total                                         1,724,534 

Sec. 2.103.  Defender general - public defense

                   Personal services                            7,007,618 

                   Operating expenses                           907,209 

                        Total                                         7,914,827 

               Source of funds                                                   

                   General fund                                   7,411,734 

                   Special funds                                     503,093 

                        Total                                         7,914,827 

Sec. 2.104.  Defender general - assigned counsel

                   Personal services                            3,251,287 

                   Operating expenses                             77,909 

                        Total                                         3,329,196 

               Source of funds                                                   

                   General fund                                   3,203,932 

                   Special funds                                     125,264 

                        Total                                         3,329,196 

Sec. 2.105.  Judiciary

                   Personal services                          28,227,859 

                   Operating expenses                        8,613,526 

                   Grants                                               100,000 

                        Total                                       36,941,385 

               Source of funds                                                   

                   General fund                                 31,838,828 

                   Special funds                                  2,712,400 

                   Tobacco fund                                      40,000 

                   Federal funds                                    414,808 

                   Interdepartmental transfer               1,935,349 

                        Total                                       36,941,385 


Sec. 2.106.  State's attorneys

                   Personal services                            9,474,943 

                   Operating expenses                        1,271,127 

                        Total                                       10,746,070 

               Source of funds                                                   

                   General fund                                   8,538,446 

                   Special funds                                       94,476 

                   Federal funds                                      31,000 

                   Interdepartmental transfer               2,082,148 

                        Total                                       10,746,070 

Sec. 2.107.  Special investigative units

                   Grants                                               620,000 

               Source of funds                                                   

                   General fund                                      530,000 

                   Special funds                                       90,000 

                        Total                                            620,000 

Sec. 2.108.  Sheriffs

                   Personal services                            3,186,568 

                   Operating expenses                           277,101 

                        Total                                         3,463,669 

               Source of funds                                                   

                   General fund                                   3,463,669 

Sec. 2.109.  Public safety - administration

                   Personal services                            1,823,435 

                   Operating expenses                           158,768 

                        Total                                         1,982,203 

               Source of funds                                                   

                   General fund                                   1,945,576 

                   Federal funds                                      36,627 

                        Total                                         1,982,203 

Sec. 2.110.  Public safety - state police

                   Personal services                          38,966,689 

                   Operating expenses                        8,200,082 

                   Grants                                               582,087 

                        Total                                       47,748,858 

               Source of funds                                                   

                   General fund                                 12,281,795 

                   Transportation fund                      28,231,384 

                   Special funds                                  2,073,265 

                   Federal funds                                 2,777,985 

                   Interdepartmental transfer               2,384,429 

                        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                                                   

                   General fund                                      759,697 

                   Transportation fund                        4,429,971 

                   Special funds                                  1,393,043 

                   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                                            9,624,834 

                        Total                                       11,347,277 

               Source of funds                                                   

                   General fund                                        49,809 

                   Special funds                                  7,432,390 

                   Federal funds                                 3,865,078 

                        Total                                       11,347,277 

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                                               399,701 

                        Total                                         1,671,797 

               Source of funds                                                   

                   General fund                                   1,120,491 

                   Special funds                                     382,465 

                   Federal funds                                    126,841 

                   Interdepartmental transfer                    42,000  

                        Total                                         1,671,797 

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                                            1,823,443 

                        Total                                         5,484,695 

               Source of funds                                                   

                   Special funds                                  5,484,695 

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           256,999,660 

               Source of funds                                                   

                   General fund                                 90,404,831 

                   Transportation fund                      32,725,324 

                   Special funds                                66,951,903 

                   Tobacco fund                                    619,645 

                   Global Commitment fund                1,898,824 

                   Federal funds                               49,775,682 

                   Enterprise funds                              4,735,317 

                   Interdepartmental transfer               9,888,134 

                        Total                                     256,999,660 

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

                   Personal services                            6,977,471 

                   Operating expenses                        3,004,134 

                   Grants                                            3,671,153 

                        Total                                       13,652,758 

               Source of funds                                                   

                   General fund                                   4,360,112 

                   Special funds                                         7,517 

                   Tobacco funds                                  397,021 

                   Federal funds                                 5,183,280 

                   Interdepartmental transfer               3,704,828 

                        Total                                       13,652,758 

Sec. 2.202.  Secretary's office - Global Commitment

                   Grants                                        909,022,731 

               Source of funds                                                   

                   General fund                               132,807,629 

                   Special fund                                 16,261,307 

                   Tobacco fund                               39,487,801 

                   State health care resources fund  147,623,246 

                   Catamount fund                              8,186,672 

                   Federal funds                             564,293,422 

                   Interdepartmental transfer                  362,654 

                        Total                                     909,022,731 

Sec. 2.203.  Rate setting

                   Personal services                               776,648 

                   Operating expenses                             76,959 

                        Total                                            853,607 

               Source of funds                                                   

                   Global Commitment funds                  853,607 

Sec. 2.204.  Developmental disabilities council

                   Personal services                               207,538 

                   Operating expenses                             45,452 

                   Grants                                               245,000 

                        Total                                            497,990 

               Source of funds                                                   

                   Federal funds                                    497,990 

Sec. 2.205.  Human services board

                   Personal services                               284,719 

                   Operating expenses                             65,106 

                        Total                                            349,825 

               Source of funds                                                   

                   General fund                                        50,030 

                   Federal funds                                      12,254 

                   Interdepartmental transfer                  287,541 

                         Total                                            349,825 


Sec. 2.206.  Office of Vermont health access - administration

                   Personal services                          32,033,668 

                   Operating expenses                        2,724,407 

                   Grants                                            1,196,000 

                        Total                                       35,954,075 

               Source of funds                                                   

                   General fund                                        75,246 

                    Global Commitment fund              34,428,247 

                   Catamount fund                                 750,582 

                   Federal funds                                    700,000 

                        Total                                       35,954,075 

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

                   Grants                                        461,385,056 

               Source of funds                                                   

                    Global Commitment fund            461,385,056 

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

                   Grants                                        194,755,729 

               Source of funds                                                   

                   General fund                                 79,168,224 

                   Federal funds                             115,587,505 

                        Total                                     194,755,729 

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

                   Grants                                          55,086,870 

               Source of funds                                                   

                   General funds                               35,376,640 

                   Global Commitment fund                1,383,714 

                   Catamount fund                            18,326,516 

                        Total                                       55,086,870 

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

                   Grants                                          44,448,317 

               Source of funds                                                   

                   General funds                               16,068,046 

                   Federal funds                               28,380,271 

                        Total                                       44,448,317 


Sec. 2.211.  Health - administration and support

                   Personal services                            6,409,341 

                   Operating expenses                        2,582,888 

                   Grants                                            2,902,000 

                        Total                                       11,894,229 

               Source of funds                                                   

                   General fund                                      651,479 

                   Special funds                                       24,743 

                   Global Commitment fund                4,860,720 

                   Federal funds                                 6,285,287 

                   Interdepartmental transfer                    72,000 

                        Total                                       11,894,229 

Sec. 2.211.1    Health - public health

                   Personal services                          36,310,118 

                   Operating expenses                        7,326,174 

                   Grants                                          34,895,747 

                        Total                                       78,532,039 

               Source of funds                                                   

                   General fund                                   5,090,652 

                   Special fund                                   6,362,319 

                   Tobacco fund                                 2,780,225 

                   Global Commitment fund              24,048,864 

                   Catamount fund                              3,250,000 

                   Federal funds                               36,397,848 

                   Permanent trust funds                          10,000 

                   Interdepartmental transfer                  592,131 

                        Total                                       78,532,039 

Sec. 2.212.  [DELETED]

Sec. 2.213.  [DELETED]

Sec. 2.214.  [DELETED]

Sec. 2.215.  [DELETED]

Sec. 2.216.  [DELETED]

Sec. 2.217.  Health - alcohol and drug abuse programs

                   Personal services                            3,372,335 

                   Operating expenses                           811,106 

                   Grants                                          27,528,671 

                        Total                                       31,712,112 

               Source of funds                                                   

                   General fund                                   3,413,874 

                   Special funds                                     236,210 

                   Tobacco funds                               2,382,834 

                   Global Commitment fund              16,840,983 

                   Federal funds                                 8,688,211 

                   Interdepartmental transfer                  150,000 

                        Total                                       31,712,112 

Sec. 2.218.  [DELETED]

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                                            1,450,215 

                        Total                                       41,332,742 

               Source of funds                                                   

                   General fund                                 12,422,107 

                   Global Commitment fund              14,698,891 

                   Catamount fund                                 560,036 

                   Federal funds                               13,651,708 

                        Total                                       41,332,742 

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                                          51,064,583 

                        Total                                       55,247,134 

               Source of funds                                                   

                   General fund                                 23,228,747 

                   Special funds                                     865,000 

                   Global Commitment fund                4,289,469 

                   Federal funds                               26,724,411 

                   Interdepartmental transfer                  139,507 

                        Total                                       55,247,134 

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                                            8,735,000 

                        Total                                         9,032,627 

               Source of funds                                                   

                   Special funds                                  7,886,609 

                   Federal funds                                 1,146,018 

                        Total                                         9,032,627 

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

                   Personal services                            2,899,574 

                   Operating expenses                           649,151 

                        Total                                         3,548,725 

               Source of funds                                                   

                   General fund                                   3,493,833 

                   Interdepartmental transfer                    54,892 

                        Total                                         3,548,725 

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

                   Personal services                            3,330,894 

                   Operating expenses                           573,898 

                        Total                                         3,904,792 

               Source of funds                                                   

                   Global Commitment funds                  246,517 


                   Federal funds                                 3,658,275 

                        Total                                         3,904,792 

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

                   Grants                                               345,891 

               Source of funds                                                   

                   General fund                                      100,651 

                   Special funds                                       75,000 

                   Federal funds                                    170,240 

                        Total                                            345,891 

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

                   Personal services                          24,187,650 

                   Operating expenses                        3,732,463 

                        Total                                       27,920,113 

               Source of funds                                                   

                   General fund                                   6,709,033 

                   Special Funds                                    941,685 

                   Global Commitment fund                6,254,872 

                   Federal funds                               11,524,001 

                   Interdepartmental transfer               2,490,522 

                        Total                                       27,920,113 

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

                   Grants                                          21,455,103 

               Source of funds                                                   

                   General fund                                 10,006,493 

                   Global Commitment fund                3,355,319 

                   Federal funds                                 7,655,791 

                   Interdepartmental transfer                  437,500 

                        Total                                       21,455,103 

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

                   Grants                                            1,486,457 

               Source of funds                                                   

                   General fund                                      364,064 

                   Special funds                                     223,450 

                   Global Commitment fund                   250,000 

                   Federal funds                                    648,943 

                        Total                                         1,486,457 

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

                   Grants                                            5,921,471 

               Source of funds                                                   

                   General fund                                   1,495,695 

                   Federal funds                                 4,132,389 

                   Interdepartmental transfer                  293,387 

                        Total                                         5,921,471 

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

                   Grants                                        138,705,970 

               Source of funds                                                   

                   General fund                                      185,693 

                   Special funds                                     185,463 

                   Global Commitment fund            137,964,074 

                   Federal funds                                    370,740 

                        Total                                     138,705,970 

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

                   Grants                                            4,127,448 

               Source of funds                                                   

                   Global Commitment fund                4,127,448 

Sec. 2.241.  Corrections - administration

                   Personal services                            2,022,147 

                   Operating expenses                           315,394 

                        Total                                         2,337,541 

               Source of funds                                                   

                   General fund                                   2,337,541 

Sec. 2.242.  Corrections - parole board

                   Personal services                               317,373 

                   Operating expenses                             62,076 

                        Total                                            379,449 

               Source of funds                                                   

                   General fund                                      379,449 

Sec. 2.243.  Corrections - correctional education

                   Personal services                            4,032,390 

                   Operating expenses                           342,079 

                        Total                                         4,374,469 

               Source of funds                                                   

                   General fund                                   3,476,001 

                   Special funds                                     500,000 

                   Interdepartmental transfer                  398,468 

                        Total                                         4,374,469 

Sec. 2.244.  Corrections - correctional services

                   Personal services                          77,382,681 

                   Operating expenses                      32,273,859 

                   Grants                                            1,695,800 

                        Total                                     111,352,340 

               Source of funds                                                   

                   General fund                               106,870,826 

                   Special funds                                     633,963 

                   Tobacco fund                                      87,500 

                   Global Commitment fund                3,094,144 

                   Federal funds                                    584,861 

                   Interdepartmental transfer                    81,046 

                        Total                                     111,352,340

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               2,649,379,658

               Source of funds                                                   

                   General fund                               521,931,597

                   Special funds                                66,707,178

                   Tobacco fund                               45,410,381

                   Global Commitment fund            906,593,258

                   State health care resources fund  147,623,246

                   Catamount fund                            31,073,806

                   Federal funds                             916,671,195

                   Permanent trust funds                          10,000

                   Internal service funds                      3,282,548

                   Interdepartmental transfer             10,076,449

                        Total                                  2,649,379,658 


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                                          33,549,097 

                        Total                                       58,567,898 

               Source of funds                                                   

                   General fund                                 33,549,097 

                   Pension trust funds                        25,018,801 

                        Total                                       58,567,898 

Sec. 2.320.  Total general education            1,814,547,027 

               Source of funds                                                   

                   General fund                               338,640,022 

                   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                                  1,814,547,027 

Sec. 2.321.  University of Vermont

                   Grants                                          42,271,844 

               Source of funds                                                   

                   General fund                                 38,265,688 

                   Global Commitment fund                4,006,156 

                        Total                                       42,271,844 


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                                          24,120,014 

               Source of funds                                                   

                   General fund                                 24,120,014 

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                                          19,153,758 

               Source of funds                                                   

                   General fund                                 19,153,758 

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                                                                88,256,776 

               Source of funds                                                   

                   General fund                                 83,845,213 


                   Global Commitment fund                4,411,563 

                        Total                                       88,256,776 

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                           637,346 

                   Grants                                            1,861,600 

                        Total                                         3,564,052 

               Source of funds                                                   

                   General fund                                   1,253,052 

                   Special funds                                  1,406,000 

                   Federal funds                                    905,000 

                        Total                                         3,564,052 

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                        2,171,558 

                    Grants                                                   7,000 

                        Total                                         7,591,075 

               Source of funds                                                   

                   General fund                                   1,231,181 

                   Special funds                                  6,359,894 

                        Total                                         7,591,075 

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                                            1,146,200 

                        Total                                         3,811,912 

               Source of funds                                                   

                   General fund                                   2,911,912 

                    Federal funds                                    800,000 

                   Interdepartmental transfer                  100,000 

                        Total                                         3,811,912 

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                           806,925 

                   Grants                                            1,588,979 

                        Total                                         4,319,904 

               Source of funds                                                   

                   General fund                                   3,544,554 

                   Special funds                                     475,350 

                   Federal funds                                    300,000 

                        Total                                         4,319,904 

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                                                    59,042,713 

               Source of funds                                                   

                   General fund                                 15,825,209 

                   Special funds                                19,725,360 

                   Federal funds                               22,499,459 

                   Enterprise funds                                 767,974 

                   Interdepartmental transfer                  224,711 

                        Total                                       59,042,713 

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                        7,336,829 

                   Grants                                               160,000 

                        Total                                         9,425,424 

               Source of funds                                                   

                   Transportation fund                        2,207,424 

                   Federal funds                                 7,218,000 

                        Total                                         9,425,424 

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                    106,514,171 

                   Grants                                          23,370,050 

                        Total                                     165,077,162 

               Source of funds                                                   

                   Transportation fund                      28,465,101 

                   Local match                                   1,476,992 

                   Federal funds                             131,223,819 

                   Interdepartmental transfer               3,911,250 

                        Total                                     165,077,162 

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                      31,632,292 

                   Grants                                               316,020 

                        Total                                       63,960,874 

               Source of funds                                                   

                   Transportation fund                      60,295,608 

                   Federal funds                                 3,565,266 

                   Interdepartmental transfer                  100,000 

                        Total                                       63,960,874 

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                        9,220,000 

                        Total                                       16,794,901 

               Source of funds                                                   

                   Transportation fund                        8,538,901 

                   Federal funds                                 8,256,000 

                        Total                                       16,794,901 

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                                          19,014,142 

                        Total                                       19,719,221 

               Source of funds                                                   

                   Transportation fund                        6,677,897 

                   Federal funds                               13,041,324 

                        Total                                       19,719,221 

Sec. 2.611.  Transportation - central garage

                   Personal services                            3,305,508 

                   Operating expenses                      11,625,266 

                        Total                                       14,930,774 

               Source of funds                                                   

                   Internal service funds                    14,930,774 

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                                            3,833,500 

               Source of funds                                                   

                   Transportation fund                        3,833,500 

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                                            6,448,750 

               Source of funds                                                   

                   Transportation fund                        6,448,750 

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                                               250,000 

               Source of funds                                                   

                   Transportation fund                           250,000 

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                    412,801,007 

               Source of funds                                                   

                   Transportation fund                    187,152,506 

                   Local match                                   2,553,311 

                   Federal funds                             203,753,166 

                   Internal service funds                    14,930,774 

                   Interdepartmental transfer               4,411,250 

                        Total                                     412,801,007 

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 amount is appropriated from special funds:

(1)  from the next generation initiative fund, created in 16 V.S.A. § 2887:                                                                  8,000,000 

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

          (5)  to the Vermont economic development authority, for targeted emergency financing assistance:                 500,000

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. SETTLEMENT CONTINGENT APPROPRIATIONS  (Sec. 5.802.)

     (a)  Vermont housing and conservation board per Sec. 5.802(a)(1):                                                                                                                                     1,000,000

     (b)  Higher education institutions per Sec. 5.802(a)(2):                                                                                                                                            2,266,045

     (c)  Vermont state teachers’ retirement fund per Sec. 5.802(a)(3):                                                                                                                          2,300,000

Sec. 3.001.  [DELETED]

Sec. 3.002.  [DELETED] 

Sec. 3.003.  FISCAL YEAR 2008 GENERAL FUND CONTINGENT APPROPRIATIONS, TRANSFERS AND RESERVES  (Sec. 5.803)

     (a)  Secretary of state for the 2008 elections per Sec. 5.803(a)(3)(A):                                                                                                                                     450,000

     (b)  Economic recovery and opportunity initiatives per Sec. 5.803(a)(3)(B):                                                                                                                         2,000,000

     (c)  Agency of human services for Global  Commitment per Sec. 5.803(a)(3)(C):                                                                5,400,000

     (d)  Fuel assistance per Sec. 5.803(a)(3)(D):                        4,000,000

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)  It is the intent of the general assembly that 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:  $1,800,000.

(C)  next generation initiative fund established by 16 V.S.A. § 2887:  $8,000,000. 

(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)  Transfers 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:  $112,000;

(D)  crime victims’ restitution fund:  $15,000;

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

Sec. 4.002.1.  ONE-TIME FUND TRANSFERS FOR FISCAL YEAR 2009 DEFICIT AVOIDANCE AND ECONOMIC RECOVERY AND OPPORTUNITY

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

          (4)  $500,000 from the veterans’ home special fund.

          (5)  $66,807 from the financial management internal service fund.

          (6)  $2,807,618 from the petroleum cleanup fund established in 10 V.S.A. § 1941 for the purposes of funding economic recovery and opportunity initiatives in Sec. 5.506, Sec. 5.507, and a general sales tax holiday authorized in H.888 of 2008.

          (7)  $100,000 from the clean energy development fund established in 10 V.S.A. § 6523 for the purpose of offsetting revenue related to a sales tax holiday on energy efficient appliances authorized in H.888 of 2008.

     (b)  In order to offset the impact of sales tax holidays authorized in H.888 of 2008, $666,600 is transferred from the general fund to the education fund in fiscal year 2009.

Sec. 4.002.2.  REVERSION OF GENERAL FUND APPROPRIATION

     (a)  $80,000 of the funds transferred by the emergency board on July 18, 2006, to agriculture, food and markets – agricultural development, for the temporary farm assistance program, in Dept ID 2200030000, shall revert to the general fund in fiscal year 2009.

     (b)  $1,000,000 of the funds transferred by the emergency board on August 23, 2007, to the department for children and families for home heating fuel assistance shall revert to the general fund in fiscal year 2009.

Sec. 4.002.3.  FISCAL YEAR 2008; ONE-TIME TRANSFER

     (a)  $200,000 shall be transferred to the general fund from the insurance regulatory and supervision fund in fiscal year 2008, notwithstanding any other provision of law, and in addition to other transfers specified in other legislation.

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 is directed to reduce travel budgets throughout the executive branch of state government, thereby reducing operating expense appropriations by $998,627.  This shall be accomplished through a combination of general fund reductions and direct applications to the general fund from alternative fund reductions. The secretary shall provide an update to the joint fiscal committee in November 2008 on these reductions.

     (e)  The secretary of administration is directed to 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 is directed to ensure that any operating expenses of the Vermont racing commission are minimized to the greatest extent possible.

     (g)  The secretary is directed to 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 are encouraged to use nonpaper means.  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 is directed to reduce operating expense general fund appropriations throughout the executive branch of state government by $60,000 for discretionary expenditures such as calendars and logo printed items.

     (i)  The secretary of administration is directed to reduce the general fund appropriations in the agency of commerce and community development by $500,000.  In making this reduction, the secretary shall ensure that general fund grants to organizations included in the agency of commerce and community development budget are reduced by no more than five percent and that the staffing for the downtown and growth centers programs is maintained at adequate levels.  The secretary shall update the joint fiscal committee regarding this subsection at the November 2008 meeting. 

     (j)  The secretary of administration, in consultation with the commissioner of buildings and general services and the chief marketing officer, shall examine the potential for saving state funds by establishing a video production service within state government and reducing expenditures by departments on these services.  Recommendations resulting from this examination may be included in fiscal year 2010 budget presentations.

     (k)  The secretary of administration is directed to initiate a program by September 30, 2008 which requires all state employees to receive paperless notification of their direct deposit payroll advice.  The secretary and representatives of the Vermont state employees’ association are encouraged to meet to determine the most expeditious and efficient means of implementing this section.

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.

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 $5,853,981, 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.  Sec. 20 of No. 65 of the Acts of 2007, as amended by Sec. 5 of No. 90 of the Acts of 2008 is further amended to read: 

Sec. 20.  Buildings and general services-information centers

* * *

(a)  Of the above appropriation, up to $50,000 in special funds is appropriated allocated to facilitate private fund raising for improvements to the state house in accordance with the conceptual plan dated January 13, 2006.  No naming opportunities shall be offered in connection with fund raising efforts.  These funds may not be used to supplant any existing personal service or operating expenses in state government.  This amount shall be appropriated to the commissioner of buildings and general services.  The commissioner shall select an organization to receive and utilize the funds to engage in private fundraising for improvements to the state house in accordance with the conceptual plan dated January 13, 2006.  The organization selected to receive the funds shall be an organization exempt from taxation under 26 U.S.C. § 501(c)(3) or an organization seeking such an exemption, in which case the funds shall not be disbursed to the organization until the exemption is received.

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, # 1210002000)

     (a)  The amount of $31,000 from account # 1210890505 is transferred to agriculture, food and markets – administration for expenditures, notwithstanding Sec. 263(g)(19) of No. 71 of the Acts of 2005. 

     (b)  The chief legislative counsel shall seek to minimize printing expenses for 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.

     (c)  Of this appropriation, $438,000 shall be available for fiscal year 2009 expenditures of the health care reform commission created pursuant to 2 V.S.A. § 901 and $185,000 is allocated for health care information technology research and policy analysis.  Consultants hired under this section are supervised by the director of the health care reform commission and the chairs of the house and senate committees on appropriations.

     (d)  It is the intent of the general assembly that funding for the legislature in fiscal year 2010 and beyond be included at a level sufficient to support an 18 week legislative session.

Sec. 5.012.2.  JOINT FISCAL COMMITTEE – NUCLEAR ENERGY ANALYSIS  (Sec. 2.031)

     (a)  The joint fiscal committee may authorize or retain consultant services to assist the general assembly in any proceeding commenced under 30 V.S.A. § 248(e).

     (b)  Consultants retained pursuant to subsection (a) of this section shall work under the direction of a special committee consisting of the chairs of the house and senate committees on natural resources and energy and the joint fiscal committee.  

     (c)  The public service board shall allocate expenses incurred pursuant to subsection (a) of this section to the applicant or the public service company or companies involved in those proceedings and such allocation and expense may be reviewed by the public service board pursuant to 30 V.S.A. § 21.

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.

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.

Sec. 5.017.   Payments in lieu of taxes - Montpelier  (Sec. 2.047, #1150800000)

     (a)  Payments in lieu of taxes under this section shall be paid from the pilot special fund under 32 V.S.A. § 3709.

Sec. 5.018.  Payments in lieu of taxes - correctional facilities  (Sec. 2.048, #1140030000)

     (a)  Payments in lieu of taxes under this section 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 corrections and institutions, 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 transport of prisoners, while improving access and maintaining the quality of adjudication;

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

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

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

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

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

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

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

(a)  The commissioner of public safety shall report to the joint fiscal committee at the committee’s September and November 2008 meetings 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;

(4)  include funding history and summary of activities for DUI units. 

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

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

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

     (b)  Of the $255,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers.  These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts.  Of the remaining funds,  $50,000 is allocated for the city of Rutland to fund a position for one year.  Any additional available funds shall remain as a "pool" available to local and county law enforcement to fund overtime costs associated with heroin investigations.  Any unexpended funds from prior fiscal years allocations for local heroin interdiction 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

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(b)  The authorization to lend 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 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.

(c)  Notwithstanding 13 V.S.A. § 5363(d)(1)(A) and in accordance with all other provisions of 13 V.S.A. § 5363 the restitution unit is authorized to advance restitution payments to victims of crime with a valid court order entered on or between January 1, 2000 and June 30, 2004.  It is the intent of the general assembly that such payments occur sequentially beginning in fiscal year 2009 and ending in fiscal year 2012.  The restitution unit will promulgate rules regarding the payment of funds and the time frame victims will have to make a claim under this provision.

Sec. 5.110.1.  Agriculture, food and markets – administration (Sec. 2.123)

     (a)  The secretary of agriculture, food and markets, in collaboration with the commissioner of labor and the commissioner of the department of banking, insurance, securities, and health care administration, shall continue the efforts made regarding enhancing farm safety.  The secretary shall report to the general assembly in January 2009 on the estimated cost of implementing an enhanced program under Sec. 16(b) of No. 38 of the Acts of 2007.

Sec. 5.110.2. Department of banking, insurance, securities, and health care administration - banking (Sec. 2.130) 

     (a)  The commissioner shall establish a toll free mortgage assistance line and shall dedicate a mortgage assistance specialist to staff the assistance line.  The line shall provide Vermonters at risk of mortgage default with information and assistance. 

     (b)  The banking division may help Vermonters contact their lenders and assist  them in negotiating a 60 day mortgage payment grace period with their lenders.

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 general assembly to provide an additional appropriation in this amount in the fiscal year 2009 budget adjustment act if funding is not available through Sec. 5.803 of this act.

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

(a)  Of this appropriation, $1,823,443 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 youth.

(e)  Of the funds appropriated to the secretary, $100,000 shall be available for the pathways to housing program.

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 32 V.S.A. § 10301.

Sec. 5.202.1.  Sec. 105(b) of No. 65 of the Acts of 2007 as amended by Sec. 25 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 $21,347,458 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.

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Sec. 5.203.  Health Care Charitable Initiative Partnership

(a)  The agency of human services shall analyze the potential to create a charitable initiative in partnership with hospital to assist Vermonters who are uninsured and/or underinsured.  Elements to include in this analysis are enumerated in subsection (b) below. The agency shall report to the house and senate committees on appropriations on or before December 15, 2008.

(b)  Elements of a health care charitable initiative partnership shall include but are not limited to the following:

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

(2)  The monies in the special fund being 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)  Creating a process to provide grants meeting the criteria in subdivision (2) of this subsection involving contributors to the special fund in the grant process.

(4)  To the extent allowed under Global Commitment, matching monies in the state special funds with 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 this 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)  Consistent with 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.  Sec. 147(f) of No. 66 of the Acts of 2003, as amended by Sec. 280 of No. 71 of the Acts of 2005, and Sec. 12 of No. 191 of the Acts of 2006 is further amended to read:

     (f)  Dr. Dynasaur and SCHIP premium changes.

          (1)  The agency is authorized to amend the rules for individuals eligible for Dr. Dynasaur under the federal Medicaid and SCHIP programs to require beneficiary households to pay a monthly premium based on the following:

               (A)  for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have no other insurance coverage $40.00 $60.00 per household per month.

               (B)  for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have other insurance coverage: $20.00 per household per month.

               (C)  for individuals living in households whose incomes are greater than 185 percent of FPL and less than or equal to 225 percent of FPL: $15.00 per household per month.

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Sec. 5.206.  MEDICAID FISCAL YEAR 2009 CONTINGENT FUNDING

     (a)  Fiscal year 2009 funding of the Medicaid program anticipates $8,090,000 of state funds appropriated in fiscal year 2008 to be carried forward and available in fiscal year 2009.

(b)  In addition to subsection (a) of this section, to the extent that fiscal year 2008 office of Vermont health access Medicaid expenditures fall below the amount currently authorized in fiscal year 2008, up to $13,960,000 of total state and federal appropriations authority shall be carried forward and used to fund increases for program reimbursement rates to providers and program expenses as follows:

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

(2)  Second, $12,960,000 allocated as follows, the amounts below shall be prorated equitably if less than $12,960,000 is available;

(A) $8,000,000 for Vermont hospitals;

(B) $1,000,000 for home health care providers;

(C)  $1,300,000 for Dartmouth Medical Center;

(D)  $660,000 to provide a $2 per day rate increase for assisted community care service providers;

(E) $2,000,000 shall be carried forward to fund expenses of the choices for care waiver program in fiscal year 2009.

(3)  Third, any additional funds above $13,960,000 shall be carried forward and 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

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     (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 with any new waiver there can be timely reporting to providers and consumers on reinvested savings. 

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Sec. 5.207.1.  Sec. 70(g)(7) of No. 93 of the Acts of 2006, as amended by Sec. 272 of 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)  Notwithstanding any other provision of law, for state fiscal year 2009, the division of rate setting shall modify its methodology for calculating Medicaid rates for nursing homes by calculating the inflation factors for the nursing, director of nursing, resident care, and indirect cost categories as follows.  The division shall make a preliminary computation of the inflation factors for state fiscal year 2009 according to its rules, but in setting the rates shall limit the amount of the increase in inflation between rate years 2008 and 2009 to one half of the difference between the inflation factors as used to calculate the rates for state fiscal year 2008 and those in the preliminary computation for state fiscal year 2009.

Sec. 5.208.  EXPEDITED RULEMAKING FOR PREMIUM INCREASES

     (a)  In order to administer the provisions of this act relating to premium increases for  SCHIP, V-pharm, Vermont-Rx, Catamount Health with premium assistance, and employer-sponsored insurance with premium assistance (ESIA) programs in a timely fashion, notwithstanding the provisions of 3 V.S.A. chapter 25, the agency of human services shall adopt rules pursuant to the following:

          (1)  The secretary 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 secretary 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 secretary 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 secretary of the agency of human services 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.  SCHIP CONTINGENT PREMIUM INCREASE

     (a)  During fiscal year 2009, and under the normal rulemaking process, the department for children and families may increase the premium from $60.00 to $72.00 in the SCHIP program for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have no other insurance coverage.  The department shall propose this increase only if this is necessitated by federal requirements and subsequent to a report to the health access oversight committee.

Sec. 5.208.2.  Health - administration and support (Sec. 2.211, #3420010000)

     (a)  Program Review and Presentation:  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.  The commissioner shall also provide in the fiscal year 2010 budget presentation a summary of the public health budget by major programmatic areas.

(b)  Area Health Education Center:

     (1)  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.

     (c)  Health Care Provider Loan Forgiveness and Repayment Programs:

     (1)  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.

     (2)  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 as follows:

               (A)  $700,000 to primary care physicians and health care professionals;

               (B)  $195,000 for dentists;

               (C)  $400,000 for nurses;

               (D)  $75,000 for nurse educators;

               (E)  $50,000 for disciplines based on emerging health care needs and workforce shortages.

     (3)  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.

Sec. 5.209.  Health - Public  Health  (Sec. 2.211.1, #342005000)

(a)  Blueprint:  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. 

(b)  AIDS/HIV Funding:

     (1)  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: 

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

(B)  ACORN, $25,019;

(C)  IMANI, $37,529;

(D)  VT CARES, $135,521;

(E)  Twin States Network, $30,000;

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

(2)  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.

(3)  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. 

(4)  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 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.

(5)  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.

(6)  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. 

(c)  Tobacco Programs:

     (1)  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:

(A)  community-based programs - $1,023,624;

(B)  media and public education - $1,007,799;

          (C)  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, $110,000 shall be allocated to programs that serve pregnant women, and $15,000 shall be granted to the Washington County Mental Health Agency, Inc. for a special cessation program;

(D)  surveillance and evaluation activities - $333,000;

(E)  statewide provider education - $75,000.

(d)  CHAMPPS:

     (1)  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.

(e)  Clinics for uninsured and FQHCs

     (1)  Of these Global Commitment funds, $790,000 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 and FQHC development.

     (f)  Lead Abatement:

          (1)  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. 5.210.  [DELETED]

Sec. 5.211.  [DELETED]

Sec. 5.211.1.  Sec. 120(i) of No. 65 of the Acts of 2007 is amended to read:

     (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 2009, 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.  [DELETED]

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)  It is the intent of the general assembly that maple leaf farm and serenity house will undergo the rate setting process prior to establishing the fiscal year 2010 budget for the division of alcohol and drug abuse programs.

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 “futures 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 shall evaluate the administrative ability and potential cost  for the department to perform criminal record checks for the purpose of determining if there are active arrest warrants on applicants to state assistance programs.

Sec. 5.214.  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, as amended by Sec. 49 of No. 90 of the Acts of 2008, is further 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 an 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.

     (b)  The agency shall engage interested parties in the design and implementation of the pilot program.  The interested parties involved may include both statewide groups and local agencies and groups in the districts where the pilot programs is expected to be implemented.  

     (c) The pilot program may operate in up to five 12 districts designated by the secretary of human services, to include Chittenden and Rutland Counties. This program will be budget neutral.  For each district in which the agency operates the program, it shall establish procedures for evaluating the pilot and its effects.  The agency shall report annually to the general assembly on its findings from the programs, its recommendations for changes in the general assistance program, and a plan for further implementation of the program.

     (d)  The department for children and families shall evaluate the general assistance pilot projects established pursuant to Sec. 137a of No. 215 of the Acts of 2006 to determine whether the pilot projects are meeting the objectives of serving applicants for general assistance more effectively and mitigating poverty without increasing the amount of funds for the program.  The evaluation shall include an analysis of the effect of the modifications to the general assistance program on the outcomes for applicants.  

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


Sec. 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)  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.

     (c)  Appropriations from the weatherization trust fund may be limited based on the revenue forecast for the fund from the gross receipts tax as adopted pursuant to 32 V.S.A. § 305a.

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.  It is the intent of the general assembly that these funds be used as matching funds for grants to conduct research on cost-efficient and quality services in senior housing.  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.

     (e)  The commissioner of the department of disabilities, aging, and independent living shall work with the commissioner of the department of education to track the number of anticipated June graduates over a four year period.  The intent is that through this tracking system the administration and the general assembly will have information needed to anticipate annual funding requirements well in advance of the time funding needs to be made available.  Additionally, the commissioners shall work to find ways to improve the transition of the June graduates from high school to the June grad program. In the submission of the developmental services program budget for fiscal year 2010, the department shall include a summary of the June Grad program that provides information on the number of individual served, the scope, length, annual cost of services provided, and information on if and how individuals in the June graduate program transition from this program to self sufficiency or alternate support programs.

Sec. 5.223.1.  Corrections - correctional education  (Sec. 2.243)

     (a)  The corrections department shall by January 15, 2009 report to the house and senate committees on  appropriations and education, the house committee on ways and means, and the senate committee on finance on the goals, benchmarks, and achievements of the correctional education program along with future funding requirements.

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 ensure that adequate funding for these evaluations is 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.  It is the goal of these projects to 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.  COLLABORATION AMONG SCHOOL BOARDS, SCHOOL ADMINISTRATORS, SELECTBOARDS, AND CITY COUNCILS;  INCENTIVE FUND

(a)  The general assembly finds that:

(1)  School boards, school administrators, selectboards, and city councils in Vermont and around the country have begun to collaborate in creative and exciting ways.

(2)  Collaboration often includes projects in which two or more supervisory unions or two or more school districts share or merge services, equipment, or facilities by, for example, entering into an arrangement for whole-grade sharing, centralized purchasing, sharing of facilities, coordinated provision of special education services, or other similar initiatives.

(3)  Many of these collaborative projects have resulted in lowered education spending or a reduction in spending growth.

(4)  Further efficiencies and resulting cost-savings could be realized if school boards and school administrators entered into collaborative agreements with selectboards and city councils.

(5)  It is important to support and encourage collaboration among school boards, school administrators, selectboards, and city councils that will result in property tax savings without compromising the excellence of our public schools.

(b)  The commissioner of education, the Vermont league of cities and towns, the Vermont superintendents association, the Vermont school boards association, the Vermont principals’ association, and the Vermont national education association jointly shall develop a detailed plan to create an incentive fund to distribute grants, low-interest loans, no-interest loans, or any combination of the three to encourage collaborative initiatives among school districts, supervisory unions, and local governmental entities that will result in property tax savings.  They shall present the plan to the house and senate committees on education, the house committee on ways and means, and the senate committee on finance on or before January 15, 2009.

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. 5.304.1.  PREGNANT AND PARENTING PUPILS ATTENDING TEEN PARENT EDUCATION PROGRAMS

     (a)  Subject to the provisions of subsection (b) of this section, a school district of residence shall make the following payments for a publicly funded pregnant or parenting pupil attending a teen parent education program: 

          (1)  The school district shall pay the teen parent education program 83 percent of the prior year’s statewide average net cost per pupil, as calculated under 16 V.S.A. § 825 minus debt service, prorated based on the pupil’s full‑time equivalent enrollment, as defined by state board rule, in academic courses at the teen parent education program.

          (2)  If the district of residence does not maintain a school, the otherwise qualified pregnant or parenting pupil may enroll in any public school or approved independent school (the “enrolling school”) in which any other legal pupil in the district of residence may enroll at public expense.  In this situation, the district of residence shall reimburse the enrolling school for coordinating the pregnant or parenting pupil’s education plan at the teen parent education program and for planning and facilitating the pupil’s subsequent education plan and transition to the enrolling school, at a rate of 17 percent of the prior year’s statewide average net cost per pupil, as calculated under 16 V.S.A. § 825 minus debt service, prorated, for the year in which the pupil attends the teen parent education program.

     (b)(1)  The pregnant or parenting pupil must be enrolled in a school maintained by the school district of residence or, if the district does not maintain a school, enrolled at a public school or an approved independent school at the district’s expense. 

          (2)  The teen parent education program must be recognized by the department for children and families.

          (3)  As determined by the district of residence or by the enrolling school if the district does not maintain a school, the pupil must be taking academic courses at the teen parent education program that are the substantial equivalent of the courses required by the district of residence or enrolling school, as applicable, to obtain a high school diploma.  The sending district or enrolling school, as applicable, will collaborate with the teen parent education program regarding the pupil’s programs and progress.

          (4)  In the event of a dispute, the pupil, the teen parent education program, the district of residence, or the enrolling school may request a ruling from the commissioner of education which shall be final.

Sec. 5.304.2.  APPROVED TEEN PARENT EDUCATION PROGRAMS

     (a)  It is the intent of the general assembly that, after June 30, 2010, any education funds paid to teen parent education programs for educational services provided to pregnant or parenting teens shall be available only to those programs that the state board of education has determined to be “approved education programs” under Title 16.

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. 5.305.1.  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.  The districts shall reimburse the respective towns at these levels.

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 – No. 117 of the Acts of 2000 - 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 $33,549,097 in fiscal year 2009.

     (b)  In accordance with 16 V.S.A. § 1944(c)(2), of the grant appropriation in this section, $19,288,090 is appropriated as the “normal contribution”, and $14,261,0 07 is appropriated as the “accrued liability contribution”.  The state teachers’ retirement system will be fully funded for the actuarial recommendation for fiscal year 2009 by using this appropriation, combined with an estimated $1,227,953 of Medicare Part D reimbursement funds and $2,300,000 of contingent funding in Sec. 5.802 of this act.


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 fifteenth day of each calendar month of the year.

(b)  Of this appropriation, $396,115 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, deliver high quality health care services to Medicaid beneficiaries, and 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, $446,652 shall be transferred to the Vermont manufacturing extension center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds or both.

Sec. 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  deliver direct, high quality health care services to Medicaid beneficiaries and  the uninsured or underinsured persons or both. 


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(a)(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)  It is the intent of the general assembly that 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. 5.402.  DEPARTMENT OF FORESTS, PARKS, AND RECREATION; SALE OF TIMBER ON STATE FOREST LAND

     (a)  The department of forests, parks and recreation shall expand the amount of timber on state land that is available for harvest and subject to sale to the public.

Sec. 5.403.  AGENCY OF NATURAL RESOURCES REORGANIZATION

(a)  Sec. 2. of No. 52 of the Acts of 2005, as amended by Sec. 295b of No. 215 of the Acts of 2006 and Sec. 295 of No. 65 of the Acts of 2007, is further amended as follows:

(1)  In subsection (a), in the last sentence, by striking the words “three years” and inserting in lieu thereof the words “four years”; and

(2)  In subdivision (b)(3), by striking the year “2008” and by inserting in lieu thereof the 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 50 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 the 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, $30,000 in general funds shall be granted to the Burlington International Airport Authority 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.  [DELETED]

Sec. 5.506.  ONE-TIME TARGETED EMERGENCY FINANCING ASSISTANCE

     (a)  Authorization:  The general assembly finds that it is necessary to offer emergency financing assistance to certain companies located in areas of high unemployment in the state.  The Vermont economic development authority is authorized to implement a targeted emergency financing assistance program for the purpose of making loans to and/or investments in companies engaged in the manufacture of tangible personal property for sale.  Said investments and/or loans shall be made upon such terms and conditions, and pursuant to such policies and procedures, as the authority may determine.  The program shall not exceed $500,000 and is funded from the appropriation in Sec. 2.802(a)(5) of this act.

     (b)  Eligibility:  In order to be eligible for assistance under this program, an applicant company must certify to the Vermont economic development authority that conventional financing sources are unavailable, and the financial assistance provided will prevent significant loss of employment at the company.  Eligible companies must be located in labor market areas having an unemployment rate, on the date the application for financing is received, equal to 125 percent of the statewide average not seasonally adjusted, or greater than 7.5 percent, as reported monthly by the Vermont department of labor. 

     (c)  Any repayments and/or recoveries on such loans/investments received by the authority net of the authority’s costs of administering the program shall be returned to the state and deposited into the Petroleum Clean-Up Fund.

Sec. 5.507.  VEDA – ECONOMIC RECOVERY AND OPPORTUNITY PROGRAM

     (a)  The state  treasurer in consultation with the secretary of administration shall negotiate an agreement to advance up to $1,250,000 to the Vermont economic development authority (“VEDA”) in fiscal year 2009. 

     (b)  In fiscal 2009, a write-down of the advance in the amount of $257,000 shall be made as an estimate of subsidy costs to be incurred by VEDA in 2009.  Any difference between the actual subsidy costs incurred by VEDA in any fiscal year 2009 through 2013 shall be adjusted in the following year’s write-down amount.

     (c)  VEDA shall submit the advance agreement to the state treasurer and secretary of administration; said agreement shall include the following:

          (1)  The agreement shall be structured to allow VEDA flexibility to use the subsidy funds in the most effective way to generate new loan volume as quickly as possible to act as a stimulant to the Vermont economy.

          (2)  Terms of repayment or write-down  of the advance in years 2010 through 2013 shall be contingent on VEDA’s demonstrated use of the advance proceeds, and any interest earned thereon, to offset the revenue lost by VEDA over the same period as a result of subsidies made  by VEDA to its borrowers.

          (3)  The subsidies to VEDA borrowers will be for a maximum of three years from the date of closing of each enrolled loan . 

          (4)  A maximum of $18 million in VEDA loans can be made under the program over a 24 month period commencing on the effective date of the legislation. 

          (5) The program will terminate when all VEDA borrowers enrolled in the program have completed their respective three-year subsidy periods.

     (d)  Upon termination of the program any amount of the advance, or the interest earned thereon, not used for the subsidy program shall be repaid by VEDA to the state.   

Sec. 5.600.  Transportation – central garage  (Sec. 2.611)

     (a)  Of this appropriation, $5,657,375 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. 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.  [DELETED]

Sec. 5.603.  [DELETED]

Sec. 5.604.   [DELETED]

Sec. 5.605.  [DELETED] 

Sec. 5.801.  FISCAL YEAR 2009 NEXT GENERATION FUND ALLOCATIONS (Sec. 2.801)

(a)  The $8,000,000 appropriated in Sec. 2.801(a)(1) of this act from the next generation initiative fund, created in 16 V.S.A. § 2887, shall be as follows:

(1)  Workforce development $3,450,000 as follows:

(A)  Workforce Education Training Fund (WETF).  The sum of  $1,550,000 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 Training Program.  The sum of $750,000 is appropriated to the agency of commerce and community development. This appropriation is for the Vermont training program 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 $250,000 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 $500,000 as follows:

(A)  The sum of $500,000 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 $4,050,000 as follows:

(A)  Non-degree VSAC Grants.  The amount of $750,000 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 $3,000,000 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. $950,000 shall be distributed to the university of Vermont, $950,000 to the Vermont state colleges, and $950,000 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 $3,000,000 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.

Sec. 5.801.1.  WORKFORCE TRAINING; PERFORMANCE ACCOUNTABILITY

     (a)  Annual report.  On or before January 15 each year, the commissioners of labor, and of 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 Vermont training program (VTP) shall provide the Social Security number of each individual who has successfully completed a training program funded through the WETF and the VTP within 30 days.  On or before July 1 of each year, the department of labor and the department of economic development 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 and the commissioner of economic development 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 of 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 and department of economic development shall be limited to those department individuals creating the table required in subsection (c) of this section and shall be confidential.  The departments 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, subchapter 3 of chapter 62 of 9 V.S.A.

Sec. 5.802.      SETTLEMENT CONTINGENT  APPROPRIATIONS  (Sec. 2.803)

     (a)  The first $5,566,045 of any amount of bank franchise tax, and associated penalty and interest, due to the general fund resulting from a court decision and received after May 1, 2008 in fiscal year 2008 or in fiscal year 2009 shall be reserved and is hereby appropriated or transferred as follows:

          (1)  First, $1,000,000 is appropriated to the Vermont housing and conservation board;

          (2)  Second, $2,266,045 is appropriated to the higher education entities as follows:

               (A)  $1,056,796 to the university of Vermont,

               (B)  $730,405 to the Vermont state colleges of which $100,000 is 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 2013 totaling $500,000.  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.

               (C )  $478,844 to the Vermont student assistance corporation

          (3)  Third, $2,300,000 is appropriated to the teachers’ retirement fund.

     (b)  In the event that settlement funds as specified in subsection (a) are not received by January 1, 2009, the administration shall consider funding the above appropriations and transfers in the fiscal year 2009 adjustment process.

Sec. 5.803.  FISCAL YEAR 2008 CONTINGENT GENERAL FUND APPROPRIATIONS, TRANSFERS, AND RESERVES

     (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, appropriated, or transferred as follows:

          (1)  First, funds 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, $18,975,000 shall be reserved in the general fund surplus reserve established in 32 V.S.A. § 308c(a);

          (3)  Third, any additional funds up to $11,850,000, 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)  $2,000,000 shall be appropriated, transferred or reserved for economic recovery and opportunity initiatives as follows:

                        (i)  $1,000,000 to be split evenly between the between the Vermont workforce education and training fund and the Vermont training program.

                        (ii)  $700,000 to the Vermont housing and conservation board for affordable housing related projects.

                        (iii)  $150,000  is reserved and carried forward to fiscal year 2009 to offset a downtown housing development tax credit.  Notwithstanding 32 V.S.A. § 5930ee, the total amount of tax credits the state board may award to all qualified applicants in fiscal year  2009, together with sales tax reallocated under section 9819 of 32 V.S.A., shall be increased by up to $150,000 to the extent that funds are available and the revenue forecast shall be reduced accordingly. With this contingent increase the total amount of tax credits the board may award in fiscal year 2009 shall not be more than $1,750,000.

                        (iv)  $100,000 to the department of forests, parks and recreation, youth conservation corps for employment of Vermont youth during the summer.

                        (v)  $50,000 to the Vermont housing finance agency for credit counseling for Vermonters at risk of mortgage default.

               (C )_  $5,400,000 is appropriated to the agency of human services for Global  Commitment;

               (D)  Up to $4,000,000 is appropriated to the department for children and families to meet fiscal year 2009 fuel assistance funding needs.

          (4)  Fourth, any additional funds to the extent available shall be reserved in the Revenue Shortfall reserve established in Sec. 6.031 of this act.  During fiscal year 2009, up to $2,000,000 of these funds shall be reserved for fuel assistance funding needs.

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. 213 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 to read:   

(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)  20 V.S.A. § 38(a)(3) (radiological emergency response plan) is repealed.

Sec. 5.905.  STATE  GOVERNMENT REPORTS 

     (a)  It is the intent of the general assembly that government operations committees continue work to identify reports in all areas of government that are obsolete or redundant.  With input from interested committees, the government operations committees are strongly encouraged to develop legislation for consideration during the 2009 session that includes repeal and/or consolidation of identified obsolete or redundant reports.

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.  Alternate members may not make up a majority of 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 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. § 1541(c) is amended to read:

     (c)  In consultation with its regional advisory board, a school board which operates a regional technical center shall:

* * *

          (4)  employ and, as need requires, dismiss an adult services’ coordinator assistant director for adult education and, subject to section 243 of this title, a director of technical education;

* * *

Sec. 6.004.1.  16 V.S.A. § 1565 is amended to read:

§ 1565.  SALARY ASSISTANCE

     (a)  The state board shall reimburse a school district operating a technical center for a portion of its cost in paying the salary of the following persons:

          (1)  the director of technical education;

          (2)  a person whose principal duty is to provide guidance services for technical students;

          (3)  a person whose principal duty is to find job training opportunities for students during the time they are enrolled at the technical center;

          (4)  an adult services coordinator assistant director for adult education;

          (5)  an assistant director of technical education, if the technical center has full-time equivalent enrollment of at least 150 and the sending school population is at least 30 percent of the technical center’s total full-time equivalent enrollment.

     (b)  Assistance under this section shall be determined by a formula and standards established by rule of the state board.  The formula and those standards:

          (1)  shall provide different levels of support for different positions as follows:

               (A)  Directors and guidance coordinators’ salary assistance shall be 50 percent of the state average salary and benefits for each position, or 50 percent of the actual salary and benefits for each individual, whichever is less;

               (B)  Assistant directors, except for assistant directors for adult education, if the district is eligible, and co-op teachers’ salary assistance shall be 35 percent of the state average salary and benefits for each position, or 35 percent of the actual salary and benefits for each individual, whichever is less;

               (C)  Adult service coordinators’ salary Salary assistance for assistant directors for adult education shall be up to 50 percent of actual salaries and benefits the state average salary and benefits paid to full-time assistant directors for adult education; salary assistance shall be prorated for part-time assistant directors.  Salary assistance under this subdivision (1)(C) shall not be paid from the education fund to the extent that the obligation is not fully funded from the general fund.  State general fund assistance shall be divided so that each district employing an assistant director receives the same base amount of state salary support.  The base support shall be pro-rated for part-time assistant directors.  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 assistant directors for adult education .

* * *

Sec. 6.004.2.   INTENT; TRANSITIONAL PROVISION

     (a)  Nothing in Secs. 6.004 or 6.004.1 of this act shall be construed to prohibit a technical center from hiring both an assistant director of technical education and an assistant director for adult education or to reduce salary assistance for other technical center positions.

     (b)  Any person employed as an adult service coordinator on the effective date of this act shall assume the position, title, benefits and responsibilities of assistant director of adult education.

Sec. 6.005.  [DELETED]


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.

(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:

(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 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 past 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  informing the agency in writing within a reasonable period of time after learning that the agency has paid medical expenses for the recipient. The recipient’s attorney shall take reasonable steps to discover the existence of the agency’s medical assistance.

     (d)  Any written notice provided to the agency pursuant to subsection (c)of this section shall disclose the identity and address of any third party and his, her, or its insurer against whom the recipient has a right of recovery, and the name of the court in which the legal recovery action, if any, was brought.

     (e)(1)  A recipient or an attorney on behalf of a recipient shall allocate the full amount paid by the agency for past medical expenses to or for any recovery obtained by whatever means.

          (2)  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 expenses 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 expenses paid in an escrow account pending an agreement, mediation, or judicial determination of the agency’s right to the amount.

          (3)  The agency’s lien for its medical expenditures relating to the recipient’s injury, illness, or disease shall be given priority over all other claims on the total amount recovered.

          (4)  In making the determination whether to pursue, reduce, or compromise a claim, the agency may in its discretion consider the factual, evidentiary, and legal issues of liability between the recipient and any liable third party and the total amount available to satisfy the recipient’s claim. Where the amount of reimbursement the agency can reasonably expect to recover exceeds the costs of such recovery, the agency shall not be required to seek reimbursement from or may reduce or compromise a claim against any liable third party, the insurer, or both. Whether or not the agency exercises its discretion shall not be subject to any claim of abuse of discretion.

     (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 (d) (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 attorneys’ fees, costs, and expenses 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, costs, and expenses 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 175  percent of FPL:  $60.00 per month.

          (A B) Income greater than 175 percent and less than or equal to 200 percent of FPL: $60.00 $65.00 per month.

          (B C)  Income greater than 200 percent and less than or equal to 225 percent of FPL: $90.00 $110.00 per month.

          (C D)  Income greater than 225 percent and less than or equal to 250 percent of FPL: $110.00 $135.00 per month.

          (D E)  Income greater than 250 percent and less than or equal to 275 percent of FPL: $125.00 $160.00 per month.

          (E F)  Income greater than 275 percent and less than or equal to 300 percent of FPL: $135.00 $185.00 per month.

          (F G)  Income greater than 300 percent of FPL: the actual cost of Catamount Health.

Sec. 6.016.1.  33 V.S.A. § 1974(j) is added 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 175 percent of FPL:  $60.00 per month.

               (B)  Income greater than 175 percent and less than or equal to 200 percent of FPL: $65.00 per month.

               (C)    Income greater than 200 percent and less than or equal to 225 percent of FPL:  $110.00 per month.

               (D)  Income greater than 225 percent and less than or equal to 250 percent of FPL:  $135.00 per month.


               (E)  Income greater than 250 percent and less than or equal to 275 percent of FPL:  $160.00 per month.

               (F)  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(c) is amended to read:

(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.

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.  [DELETED] 

Sec. 6.022.  [DELETED] 

Sec. 6.023.  [DELETED] 

Sec. 6.024.  16  V.S.A. § 2959a.(f) is amended to read:

     (f)  Up to 20  30 percent of Medicaid reimbursements received under this section shall be available for agency of human services and department of education administrative costs related to the collection, processing, and reporting of education Medicaid reimbursements and statewide programs.  The commissioner of education and the secretary of human services shall expend monies from the fund only as appropriated by the general assembly.

Sec. 6.025.  30 V.S.A. § 7054 is amended to read:

§ 7054. FUNDING

* * *

     (e)  Disbursements may be made for:

          (1)  Nonrecurring costs, including but not limited to establishing public safety answering points, purchasing network equipment and software, developing data bases, and providing for initial training and public education.

          (2)  Recurring costs, including but not limited to network access fees and other telephone charges, software, equipment, data base management and improvement, public education, ongoing training and equipment maintenance.

          (3)  Expenses of the board and the department of public service incurred under this chapter.

          (4)  Costs solely attributable to statewide public safety answering point operations.

          (5)  Personnel costs for department of public safety emergency dispatch answering points.

     (f)  Disbursements may not be made for:

          (1)  Personnel costs for emergency dispatch answering points.

          (2)  Construction, purchase, renovation or furnishings for buildings at emergency dispatch points.

          (3)(2)  Two-way radios.

          (4)(3)  Vehicles and associated equipment.

Sec. 6.026.  4 V.S.A. § 27 amended to read:

§ 27. COURT TECHNOLOGY SPECIAL FUND

     There is established the court technology special fund which shall be managed in accordance with subchapter 5 of chapter 7 of Title 32.  Administrative fees collected pursuant to 13 V.S.A. § 7252 and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this fund.  The fund shall be available to the judicial branch to pay for contractual and operating expenses and project related staffing not covered by the general fund related to the following:

     (1)  The acquisition and maintenance of software and hardware needed for case management, electronic filing, a electronic document management system, and the expense of implementation, including training.

     (2)  The acquisition and maintenance of electronic audio and video court recording and conferencing equipment.

     (3)  The acquisition, maintenance, and support of the judiciary's information technology network, including training.

Sec. 6.027.  16 V.S.A. § 1262a(c) is added to read:

     (c)  On a quarterly basis, from state funds appropriated to the department of education for this subsection, the state board shall award to each school district a sum equal to the amount that would have been the student share of the cost of all breakfasts actually provided in the district during the previous quarter to students eligible for a reduced price breakfast under the federal school breakfast program.

Sec. 6.028.  16 V.S.A. § 1264 is amended to read:

§ 1264.  FOOD PROGRAM

     (a)  Each school board actually operating a public school shall cause to operate within the school district a food program which makes available a school lunch, as provided in the National School Lunch Act as amended, and a school breakfast, as provided in the National Child Nutrition Act as amended, to each attending pupil every school day.  In the event of an emergency, the school board may apply to the department for a temporary waiver of this daily operating requirement.  The commissioner shall grant the requested waiver if he or she finds that it is unduly difficult for the school district to serve a school lunch or breakfast, or both, and if he or she finds that the school district has exercised due diligence in its efforts to avoid the emergency situation which gives rise to the need for the requested waiver.  In no event shall the waiver extend for a period to exceed 20 school days.

     (b)  The state shall be responsible for the student share of the cost of breakfasts provided to all students eligible for a reduced price breakfast under the federal school breakfast program. 


Sec. 6.029.  16 V.S.A. § 835 is amended to read:

§ 835.  LEMINGTON, BLOOMFIELD, BRUNSWICK, MAIDSTONE, GRANBY, AND GUILDHALL; TUITIONING OF ELEMENTARY STUDENTS

     The school boards of the towns of Lemington, Bloomfield, Brunswick, Granby, Guildhall, and Maidstone school districts may provide for the elementary education of the pupils residing in their districts by paying tuition to public elementary schools in the state of New Hampshire.  Notwithstanding the provisions of section 823 of this title, school boards districts affected by this section shall pay the full tuition charged by a public elementary school in New Hampshire.

Sec. 6.030.  28  V.S.A. § 120(c) is amended to read:

     (c)  Program supervision.  The commissioner of corrections shall appoint an education supervisor, who shall be licensed as an administrator under 16 V.S.A. chapter 51, to coordinate and supervise the education program community high school of Vermont and coordinate use of other education programs by persons under the supervision of the commissioner.

Sec. 6.031.  32 V.S.A. § 308d is added to read:

§ 308d. REVENUE SHORTFALL RESERVE; CREATION AND PURPOSE

     (a)  It is the purpose of this section to create a revenue shortfall reserve to be used in times of economic or fiscal stress.

     (b)  There is hereby created a revenue shortfall reserve administered by the commissioner of finance and management. Any budgetary basis unreserved and undesignated general fund surplus in excess of one percent occurring at the close of a fiscal year after the general fund budget stabilization reserve established by § 308 of this title has been brought to its authorized level, and any additional amounts as may be authorized by the general assembly, shall be reserved in the revenue shortfall reserve created by this section.

     (c)  In any fiscal year, if the general assembly determines there are insufficient revenues to fund expenditures for the operation of state government at a level the general assembly finds prudent and required, it may specifically appropriate the use of the revenue shortfall reserve to compensate for a reduction of revenues or fund such needs as the general assembly may determine.

     (d)  Determination of the amount of the revenue shortfall reserve shall be made by the commissioner of finance and management with the approval of the legislative joint fiscal committee.

Sec. 7.001.  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 $32,852,807.

Sec. 7.002.  STATEMENT OF LEGISLATIVE INTENT; TRANSPORTATION FUNDING OTHER THAN AGENCY OF TRANSPORTATION

     (a)  For fiscal year 2010, it is the intent of the general assembly that there will be continued support for a reduction in the maximum amount of transportation funds 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.

Sec. 7.003.  HEALTH IT FINDINGS

(a)  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. 7.004.  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 by the health care reform commission and approval by the secretary of administration.  Upon the general assembly beginning its consideration of the expenditure plans for fiscal year 2010, 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 health care reform commission.

(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. 7.005.  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 10301 of Title 32.  The health insurer may choose either of the following fee options:

(1)  0.199 of one percent of all health care claims paid by the health insurer for its Vermont members in the previous fiscal quarter, or

(2)  an annual fee payable quarterly, to be calculated on or before August 1, 2008 and on or before August 1 of each succeeding year by the department of banking, insurance, securities, and health care administration, or by an agent retained by the department, in consultation with the secretary of administration, based on the proportion which the health insurer’s total annual health care claims for the most recent four quarters of data available to the department bears to the total health care claims for all health insurers for the most recent four quarters of data available to the department, multiplied by the total fee revenue which would be raised if all health insurers chose the fee option established in subdivision (1) of this subsection.  Such fee shall be subject to an annual recalculation by the department of banking, insurance, securities, and health care administration, or an agent retained by the department, with any surplus or shortfall in the amount collected adjudicated in the following fiscal quarter and bearing no interest or penalty to any party.  The department’s cost of such calculations and recalculations shall be paid from the Vermont Health IT-Fund established under section 10301 of Title 32.

(b)  It is the intent of the general assembly that all health insurers shall contribute equitably to the health IT-fund established in section 10301 of Title 32.  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 or other entities, 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 other health benefit plan offered, issued, renewed, or administered by any health insurer, 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.   The term does not include Medicaid, VHAP, or any other 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.  The term does not include policies issued for specified disease, accident, injury, hospital indemnity, dental care, long term care, disability income, or other limited benefit health insurance policies.

(2)  “Health insurer” means any person who offers, issues, renews or administers a health insurance policy, contract, or other health benefit plan in this state, and includes third party administrators or pharmacy benefit managers who provide administrative services only for a health benefit plan offering coverage in this state.  The term does not include a third party administrator or pharmacy benefit manager to the extent that a health insurer has paid the fee which would otherwise be imposed in connection with health care claims administered by the third party administrator or pharmacy benefit manager.

(d)(1)  The secretary of administration may adopt such rules and issue such orders as are necessary to carry out the purposes of this section and section 10301 of Title 32, including those related to administration of the health IT-fund and collection of the fee established in subsection (a) of this section

(2)  If any health insurer fails to pay the fee established in subsection (a) of this section within 45 days after notice from the secretary of administration of the amount due, the secretary of administration, or his or her designee, shall notify the commissioner of banking, insurance, securities, and health care administration of the failure to pay.  In addition to any other remedy or sanction provided for by law, if the commissioner finds, after notice and an opportunity to be heard, that the health insurer has violated this section or any rule or order adopted or issued pursuant to this section, the commissioner may take any one or more of the following actions:

(A)  Assess an administrative penalty on the health insurer of not more than $1,000.00 for each violation and not more than $10,000.00 for each willful violation;

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

(C)  Order the health insurer to remediate the violation, including the payment of fees in arrears and payment of interest on fees in arrears at the rate of 12 percent per annum.

(e)  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. 7.006.  10 V.S.A. § 1942(a) and (b) is amended to read:

     (a)  There is hereby established a licensing fee of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this state, which will be assessed against every distributor, dealer or user as defined in 23 V.S.A. chapters 27 and 28, and which will be deposited into the petroleum cleanup fund. The secretary, in consultation with the Vermont Petroleum Association and the Vermont Fuel Dealers Association, Inc. shall annually determine whether or not to assess the one-cent licensing fee for the upcoming year.  If the unencumbered balance of the motor fuel account of the fund established under subsection 1941(a) of this title is equal to or greater than $7,000,000.00, then the one-cent licensing assessment for the upcoming year shall not be assessed.  If the unencumbered balance in the fund is less than $7,000,000, then the annual fee may be assessed.  The secretary shall notify all sellers assessing this fee of the status of the fee for the upcoming year.  This fee will be paid in the same manner, at the same time, and subject to the same restrictions or limitations as the tax on motor fuels. The fee will be collected by the commissioner of motor vehicles and deposited into the petroleum cleanup fund.  This fee requirement shall terminate on April 1, 2011.

     (b)  There is assessed against every seller receiving more than $10,000.00 annually for the retail sale of heating oil or kerosene, sold in this state and not used to propel a motor vehicle, a licensing fee of one-half cent per gallon of such heating oil or kerosene.  This fee shall be subject to the collection, administration, and enforcement provisions of chapter 233 of Title 32, and the fees collected under this subsection by the commissioner of taxes shall be deposited into the petroleum cleanup fund.   The secretary, in consultation with the Vermont Petroleum Association and the Vermont Fuel Dealers Association, Inc. shall annually determine whether or not to assess the one-half cent licensing fee for the upcoming year.  If the unencumbered balance of heating fuel account of the fund established under subsection 1941(a) of this title is equal to or greater than $3,000,000.00, then the one-half cent licensing assessment for the upcoming year shall not be assessed.  If the unencumbered balance in the fund is less than $3,000,000, then the annual fee may be assessed.  The secretary shall notify all sellers assessing this fee of the status of the fee for the upcoming year.  This fee provision shall terminate April 1, 2011.

Sec. 9.001.  EFFECTIVE DATES

(a)  This section and Secs. 3.003, 4.002.3, 4.003, 4.004(b), 5.006(a), 5.006(k), 5.010, 5.012.1(a), 5.104(b), 5.109, 5.110.1, 5.202.1, 5.203.1, 5.206, 5.208, 5.216, 5.403, 5.601.1, 5.803, 6.006, 6.007, 6.024, and 6.025 of this act shall take effect on passage.

(b)  Sec. 5.101(b) of this act shall take effect June 8, 2008.

(c)  Sec. 5.207.1 of this act shall apply as of July 1, 2006.

     (d)  Sec. 5.304.1 of this act shall take effect on July 1, 2008 and shall remain in effect until July 1, 2009.

(e)  Sec. 5.801.1 of this act 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.

(f)  Sec. 6.025 of this act shall sunset July 1, 2010, and 30 V.S.A. § 7054 shall revert to the language that existed as of January 1, 2008.

(g)  Sec. 7.005 of this act shall sunset July 1, 2015.

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

                                                                 SUSAN J. BARTLETT

                                                                 RICHARD W. SEARS, JR.

                                                                 DIANE B. SNELLING

                                                      Committee on the part of the Senate

                                                                 MARTHA P. HEATH

                                                                 PETER D. HUNT

                                                                 ROBERT G. HELM

                                                      Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

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

Rules Suspended; Third Reading Ordered; Rules Suspended; Joint Resolution Adopted in Concurrence; Joint Resolution Messaged

J.R.H. 65.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and joint House resolution entitled:

Joint resolution relating to the “disciplines”, or rules, being developed as part of the General Agreement on Trade in Services (GATS).

Was taken up for immediate consideration.

Senator Illuzzi, for the Committee on Economic Development, Housing and General Affairs, to which the joint House resolution was referred, reported that the joint resolution ought to be adopted in concurrence.

Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, and third reading of the joint resolution was ordered.

Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was placed on all remaining stages of its adoption in concurrence forthwith.

Thereupon, the joint resolution was read the third time and adopted in concurrence.

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


Rules Suspended; Proposal of Amendment; Third Reading Ordered; Rules Suspended; Joint Resolution Adopted in Concurrence; Joint Resolution Messaged

J.R.H. 49.

Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and joint House resolution entitled:

Joint resolution urging Congress to adopt an emergency bank and homeowner protection act.

Was taken up for immediate consideration.

     Senator Illuzzi, for the Committee on Economic Development, Housing and General Affairs, to which the joint House resolution was referred, reported that the Senate propose to the House to amend the resolution by adding a new Resolve clause following the first Resolve clause, to read as follows:

Resolved:  That the legislation should include:

          1) New limitations on the amount of mortgage debt any federally chartered financial institution, including a bank, savings and loan, or credit union, may issue in a calendar year based on a percentage of the institution’s total net worth;  

          2) Fair and compassionate provisions for the renegotiation of interest rates and repayment schedules on mortgages on primary residences including incentives for mortgagors to seek alternative remedies for repayment other than foreclosure;

          3) Special temporary financial assistance to federally chartered banks to insure the continue viability of the national banking system, and be it further

And that the resolution ought to be adopted concurrence with such proposal of amendment.

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

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

Thereupon, the joint resolution was adopted in concurrence with proposal of amendment.

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

Appointments Confirmed

The following Gubernatorial appointments were confirmed separately by the Senate, upon full reports given by the Committees to which they were referred:

     Michael A. Hartman, MSW of Montpelier - Commissioner of the Department of Mental Health – July 16, 2007, to February 28, 2009.

     Joan K. Senecal of Montpelier - Commissioner of the Department of Disabilities, Aging and Independent Living – July 23, 2007, to February 28, 2009.

Appointments Confirmed

Under suspension of the rules (and particularly, Senate Rule 93), as moved by Senator Shumlin, the following Gubernatorial appointments were confirmed together as a group by the Senate, without reports given by the Committees to which they were referred and without debate:

     Michael T. McAdoo of Essex Junction - Member, Children and Family Council for Prevention Programs – December 10, 2007, to February 28, 2010.

     Janice E. Ryan of South Burlington - Member, Board of Medical Practice – April 7, 2008, to December 31, 2008.

     Thomas Lauzon of Barre - Member, Children and Family Council for Prevention Programs – January 17, 2008, to February 28, 2010.

     Brian S. Flynn of Shelburne - Member, Vermont Tobacco Evaluation and Review Board – February 27, 2008, to January 31, 2011.

     Crystal Grant of Bristol - Member, Children and Family Council for Prevention Programs – January 16, 2008, to February 28, 2009.

     James L. Patterson of Barre - Member, Children and Family Council for Prevention Programs – March 26, 2008, to February 28, 2011.

     Donnamarie Carey of Montpelier - Member, Vermont Tobacco Evaluation and Review Board – February 27, 2008, to January 31, 2011.

     Nancy Corsones of Mendon - Member, Children and Family Council for Prevention Programs – December 10, 2007, to February 29, 2008.

     Nancy Corsones of Mendon - Member, Children and Family Council for Prevention Programs – March 26, 2008, to February 28, 2011.

     Mark L. Moody of Mendon - Member, Children and Family Council for Prevention Programs – March 26, 2008, to February 28, 2011.


     Harvey S. Reich, M.D. of Mendon - Member, Board of Medical Practice – November 6, 2007, to December 31, 2008.

     Linda Johnson of Cabot - Member, Children and Family Council for Prevention Programs – December 10, 2007, to February 28, 2010.

     Richard A. Smith of Montpelier - Member, Children and Family Council for Prevention Programs – December 10, 2007, to February 28, 2010.

     Robert R. Rinaldi, DPM of Chelsea - Member, Board of Medical Practice – March 24, 2008, to December 31, 2008.

     Jason Lantagne of Burlington - Member, Children and Family Council for Prevention Programs – December 10, 2007, to February 28, 2010.

     Robert Sheil of Montpelier - Member, Children and Family Council for Prevention Programs – March 26, 2008, to February 28, 2011.

     William K. Hoser, PA-C of Chester - Member, Board of Medical Practice – April 21, 2008, to December 31, 2009.

     David A. Jenkins of Burlington - Member, Board of Medical Practice – April 21, 2008, to December 31, 2008.

     Roger Willmuth, MD of Burlington - Member, Board of Health – April 22, 2008, to February 28, 2011.

     Conrad Doyon of St. Johnsbury - Member, Job Start Board – August 23, 2006, to July 31, 2011.

     Caryn Feinberg of Shelburne - Member, Vermont state Housing Authority – March 1, 2008, to February 28, 2013.

     Mary Ann Gucciardi of South Burlington - Member, Employment Security Board – March 1, 2007, to February 28, 2013.

     Leigh Keyser Phillips of Burlington - Member, Occupational Safety and Health Review Board – March 12, 2007, to February 28, 2013.

     Cynthia Wooden Prior of Stowe - Member, Job Start Board – August 23, 2006, to July 31, 2011.

     Cory Richardson of East Montpelier - Member, Vermont State Housing Authority – March 1, 2008, to February 28, 2013.

     Fred V. Peet of South Burlington - Member, Vermont State Housing Authority – March 1, 2008, to February 28, 2013.

     Arthur Ristau of Barre - Member, Vermont Lottery Commission – July 1, 2007, to February 28, 2010.


     Sharon Russell of North Rutland - Member, Job Start Board – March 20, 2007, to February 28, 2012.

     Harlan Sylvester of Burlington - Member, Vermont Racing Commission – March 8, 2007, to January 31, 2013.

     Jo Ann C. Troiano of Montpelier - Member, Vermont State Housing Authority – March 1, 2007, to February 28, 2012.

Recess

On motion of Senator Shumlin the Senate recessed until 1:30 P.M.

Called to Order

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

Recess

On motion of Senator Shumlin the Senate recessed until the fall of the gavel.

Called to Order

At 3:20 P.M. the Senate was called to order by the President.

Message from the House No. 75

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses on Senate bills of the following titles:

S. 357.  An act relating to domestic violence.

S. 365.  An act relating to capital construction and state bonding..

And has adopted the same on its part.

Pursuant to the request of the Senate for a Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:

S. 358.  An act relating to enhanced driver licenses.

The Speaker has appointed as members of such committee on the part of the House


                                         Rep. Potter of Clarendon

                                         Rep. Audette of South Burlington

                                         Rep. Corcoran of Bennington

Message from the House No. 76

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:

S. 358.  An act relating to enhanced driver license.

And has adopted the same on its part.

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate

S. 357.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on Senate bill entitled:

An act relating to domestic violence.

Was taken up for immediate consideration.

Senator Campbell, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled:

S. 357.  An act relating to domestic violence.

Respectfully reports that it has met and considered the same and recommends that the House recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

(a)  The general assembly finds that domestic violence directly affects the lives of Vermont’s citizens each year.  Domestic violence is a pervasive community problem which requires a comprehensive approach by the state, the public, and community providers to prevent, respond to, and remedy its devastating effects.  Domestic violence is consistently the leading cause of homicides in Vermont each year.  According to the 2008 Vermont Fatality Review Commission Report data covering 1994–2007, 50 percent of all Vermont homicides during the past 13 years were related to domestic violence.  In 2007, 64 percent of all Vermont homicides were domestic-violence-related. Reported occurrences of domestic violence continue to rise, and many incidents continue to go unreported.  The 16-member programs of the Vermont Network Against Domestic and Sexual Violence responded to 15,259 hotline crisis calls and served 8,337 victims of domestic violence in 2007.  An increasing number of families in Vermont are homeless due to domestic violence.  The member programs of the Vermont Network Against Domestic and Sexual Violence sustained a 27-percent increase in bed-nights in 2007. 

(b)  The general assembly recognizes the importance of specific intervention programs for domestic violence offenders in breaking the generational cycle of domestic violence.  The general assembly recommends that persons convicted of domestic assault be referred to appropriate intervention programs provided by the department of corrections or certified by the Vermont council on domestic violence.  In instances where certified programs are not available, alternative programs should be provided with a focus placed on victim safety and offender accountability.

Sec. 2.  12 V.S.A. § 5131 is amended to read:

§ 5131.  DEFINITIONS

As used in this chapter:

* * *

(5)  “Sexually assaulted the plaintiff” means that the defendant engaged in conduct that meets elements of lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, or aggravated sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual performance as defined in 13 V.S.A. § 2822, or consenting to a sexual performance as defined in 13 V.S.A. § 2823 and that the plaintiff was the victim of the offense.

* * *

Sec. 3.  12 V.S.A. § 5134 is amended to read:

§ 5134.  EMERGENCY RELIEF

(a)  In accordance with the Vermont Rules of Civil Procedure, a person other than a family or household member as defined in 15 V.S.A. § 1001(2) may file a complaint for a temporary order against stalking or sexual assault. Such complaint shall be filed during regular court hours.  The plaintiff shall submit an affidavit in support of the order.  The court may issue a temporary order under this chapter ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has stalked or sexually assaulted the plaintiff.  An order may be granted requiring the defendant to refrain from stalking or sexually assaulting the plaintiff and to refrain from interfering with the plaintiff’s personal liberty  The court may order the defendant to stay away from the plaintiff or the plaintiff’s children, or both, and may make any other such order it deems necessary to protect the plaintiff or the plaintiff’s children, or both.

* * *

Sec. 4.  13 V.S.A. § 1030 is amended to read:

§ 1030.  VIOLATION OF ABUSE PREVENTION ORDER OR AN ORDER AGAINST STALKING OR SEXUAL ASSAULT

(a)  A person who commits an act prohibited by a court or who fails to perform an act ordered by a court in violation of an abuse prevention order issued under chapter 21 of Title 15 or chapter 69 of Title 33, or an order against stalking or sexual assault issued under chapter 178 of Title 12, after the person has been served notice of the contents of the order as provided in those chapters; or a foreign abuse prevention order or an order against stalking or sexual assault issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; shall be imprisoned not more than one year or fined not more than $5,000.00, or both.

(b)  A person who is convicted of a second or subsequent offense under this section or is convicted of an offense under this section and has previously been convicted of domestic assault under section 1042 of this title, first degree aggravated domestic assault under section 1043 of this title, or second degree aggravated domestic assault under section 1044 of this title shall be imprisoned not more than three years or fined not more than $25,000.00, or both.

* * *

Sec. 5.  13 V.S.A. § 1042 is amended to read:

§ 1042.  DOMESTIC ASSAULT

Any person who attempts to cause or wilfully or recklessly causes bodily injury to a family or household member, or wilfully causes a family or household member to fear imminent serious bodily injury shall be imprisoned not more than one year 18 months or fined not more than $5,000.00, or both.

Sec. 6.  13 V.S.A. § 1044 is amended to read:

§ 1044.  SECOND DEGREE AGGRAVATED DOMESTIC ASSAULT

(a)  A person commits the crime of second degree aggravated domestic assault if the person:

(1)  commits the crime of domestic assault and causes bodily injury to another person and such conduct violates:

(A)  specific conditions of a criminal court order in effect at the time of the offense imposed to protect that other person;

(B)  a final abuse prevention order issued under section 1103 of Title 15;

(C)  an order against stalking or sexual assault issued under chapter 178 of Title 12; or

(D)  an order against abuse of a vulnerable adult issued under chapter 69 of Title 33.

(2)  commits a second or subsequent offense of domestic assault, which causes bodily injury the crime of domestic assault; and

(A)  has a prior conviction within the last ten years for violating an abuse prevention order issued under section 1030 of this title; or

(B)  has a prior conviction for domestic assault under section 1042 of this title.

(b)  A person who commits the crime of second degree aggravated domestic assault shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

(c)  Conduct constituting the offense of second degree aggravated domestic assault under this section shall be considered a violent act for the purpose of determining bail.

Sec. 7.  13 V.S.A. § 1031 is added to read:

§ 1031.  INTERFERENCE WITH ACCESS TO EMERGENCY SERVICES

A person who, during or after the commission of a crime, willfully prevents or attempts to prevent a person from seeking or receiving emergency medical assistance, emergency assistance from a third party, or emergency assistance from law enforcement shall be imprisoned not more than one year or fined not more than $5,000.00 or both.


Sec. 8.  13 V.S.A. § 1047 is added to read:

§ 1047.  OFFENSE COMMITTED WITHIN THE PRESENCE OF A CHILD

When imposing sentence for an offense listed in this subchapter, the court may consider whether the offense was committed within the presence of a child.

Sec. 9.  13 V.S.A. § 2602 is amended to read:

§ 2602.  LEWD OR LASCIVIOUS CONDUCT WITH CHILD

(a)(1)  No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child.

(2)  This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.

(b)  A person who violates subsection (a) of this section shall be:

(1)  For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $5,000.00, or both.

(2)  For a second offense, imprisoned not less than five years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(3)  For a third or subsequent offense, imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

* * *

(e)  Any prior conviction for sexual assault or aggravated sexual assault shall be considered a prior offense for purposes of sentencing enhancement.  This section shall not apply to a person who was convicted of sexual assault committed when the person was younger than 19 years of age and which involved consensual sex with a child at least 15 years of age.

Sec. 10.  15 V.S.A. § 668a is amended to read:

§ 668a.  ENFORCEMENT OF VISITATION

(a)  When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent’s visitation rights.

(b)  When a custodial parent refuses to honor a noncustodial parent’s visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

(c)  If a custodial parent refuses to honor a noncustodial parent’s visitation rights, the court shall enforce such rights unless it finds good cause for the failure or that a modification of the visitation rights is in the best interests of the child.  Unless restoration of the visitation is not in the best interests of the child, enforcement of the visitation rights shall include the restoration of the amount of visitation improperly denied.  When a party files a motion for enforcement of parent-child contact under this subsection, the court shall conduct a hearing within 30 days of service of the motion.

(d)  A person who violates this section may be punished by contempt of court or other remedies as the court deems appropriate, including awarding attorney’s fees and costs to the prevailing party.

(e)(1)  If a custodial parent refuses to honor a noncustodial parent’s visitation rights without good cause, the court may modify the parent-child contact order if found to be in the best interests of the child.  Good cause shall include a pattern or incidence of domestic or sexual violence, a history of failure to honor the visitation schedule agreed to in the parent child contact order, or reasonable fear for the child or the custodial parent’s safety.

Good cause shall include:

(A)  a pattern or incidence of domestic or sexual violence;

(B)  a reasonable fear for the child’s or the custodial parent’s safety; or

(C)  a history of failure to honor the visitation schedule agreed to in the parent-child contact order.

(2)  A custodial parent, upon a showing of good cause as defined in subdivision (1)(A) or (B) of this subsection, may receive an ex parte order suspending a noncustodial parent’s visitation rights until a court hearing is held.  A hearing shall be held within 10 days from the issuance of the order. 

(f)  All parent-child contact orders issued by the family court in connection with a divorce or parentage proceeding shall bear the following statement:  “A PERSON WHO FAILS TO COMPLY WITH ALL TERMS OF THE CURRENT ORDER GOVERNING PARENT-CHILD CONTACT MAY BE SUBJECT TO CONTEMPT OF COURT CHARGES. THE COURT MAY IMPOSE ADDITIONAL REMEDIES, INCLUDING A MODIFICATION OF THE CURRENT PARENT-CHILD CONTACT ORDER IF FOUND TO BE IN THE BEST INTERESTS OF THE CHILD.” 

Sec. 11.  15 V.S.A. § 1103 is amended to read:

§ 1103.  REQUESTS FOR RELIEF

(a)  Any family or household member may seek relief from abuse by another family or household member on behalf of him or herself or his or her children by filing a complaint under this chapter.  The plaintiff shall submit an affidavit in support of the order.

(b)  Except as provided in section 1104 of this title, the court shall grant relief only after notice to the defendant and a hearing.  The plaintiff shall have the burden of proving abuse by a preponderance of the evidence.

(c)  If the court finds that the defendant has abused the plaintiff and that there is a danger of further abuse, the court shall make such orders as it deems necessary to protect the plaintiff, the children, or both, which may include the following: (1)  The court shall make such orders as it deems necessary to protect the plaintiff, the children, or both, if the court finds that the defendant has abused the plaintiff, and:

(A)  there is a danger of further abuse; or

(B)  the defendant is currently incarcerated and has been convicted of one of the following:  murder, attempted murder, kidnapping, domestic assault, aggravated domestic assault, sexual assault, aggravated sexual assault, stalking, aggravated stalking, lewd or lascivious conduct with child, use of a child in a sexual performance, or consenting to a sexual performance.

(2)  The court order may include the following:

(1)(A)  an order that the defendant refrain from abusing the plaintiff, his or her children or both and from interfering with their personal liberty, including restrictions on the defendant’s ability to contact the plaintiff or the children in person, by phone or by mail and restrictions prohibiting the defendant from coming within a fixed distance of the plaintiff, the children, the plaintiff’s residence, or other designated locations where the plaintiff or children are likely to spend time;

(2)(B)  an order that the defendant immediately vacate the household and that the plaintiff be awarded sole possession of a residence;

(3)(C)  a temporary award of parental rights and responsibilities in accordance with the criteria in section 665 of this title;

(4)(D)  an order for parent-child contact under such conditions as are necessary to protect the child or the plaintiff, or both, from abuse.  An order for parent-child contact may if necessary include conditions under which the plaintiff may deny parent-child contact pending further order of the court;

(5)(E)  if the court finds that the defendant has a duty to support the plaintiff, an order that the defendant pay the plaintiff’s living expenses for a fixed period of time not to exceed three months;

(6)(F)  if the court finds that the defendant has a duty to support the child or children, a temporary order of child support pursuant to chapter 5 of this title, for a period not to exceed three months.  A support order granted under this section may be extended if the relief from abuse proceeding is consolidated with an action for legal separation, divorce, or parentage;

(7)(G)  an order concerning the possession, care and control of any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household.

* * *

Sec. 12.  15 V.S.A. § 1105 is amended to read:

§ 1105.  SERVICE

(a)  A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the rules of civil procedure and may be served by any law enforcement officer.  Abuse orders shall be served at the earliest possible time and shall take precedence over other summonses and orders.  Orders shall be served in a manner calculated to insure the safety of the plaintiff.  Methods of service which include advance notification to the defendant shall not be used.  The person making service shall file a return of service with the court stating the date, time and place at which the order was delivered personally to the defendant.  A defendant who attends a hearing held under section 1103 or 1104 of this title at which a temporary or final order under this chapter is issued, and who receives notice from the court on the record that the order has been issued, shall be deemed to have been served.

* * *

Sec. 13. 15 V.S.A. § 665a is added to read:

§ 665a.  CONDITIONS OF PARENT-CHILD CONTACT IN CASES INVOLVING DOMESTIC VIOLENCE

(a)  If within the prior ten years, one of the parents has been convicted of domestic assault or aggravated domestic assault against the other parent, or has been found to have committed abuse against a family or household member, as defined in section 1101 of this title, the court may award parent-child contact to that parent if the court finds that adequate provision can be made for the safety of the child and the parent who is a victim of domestic violence.

(b)  In a parent-child contact order issued under subsection (a) of this section, a court may:

(1)  order an exchange of a child to occur in a protected setting;

(2)  order parent-child contact supervised by another person or agency;

(3)  order the perpetrator of domestic violence to participate in, to the satisfaction of the court, a program of intervention for perpetrators, where available, or other designated counseling as a condition of the visitation;

(4)  if alcohol or drugs were involved in the domestic abuse, order the perpetrator of domestic violence to abstain from being under the influence of alcohol or controlled substances without a prescription during the visitation and for 24 hours preceding parent-child contact;

(5)  order the perpetrator of domestic violence to pay a fee to defray the costs of supervised parent-child contact, provided that the perpetrator can afford to pay the fee;

(6)  prohibit overnight parent-child contact;

(7)  impose any other condition that is deemed necessary or appropriate to provide for the safety of the child, the victim of domestic violence, or another family or household member.

(c)  Whether or not parent-child contact is allowed, the court may order the address of the child and the victim to be kept confidential.

(d)  If a court allows a family or household member to supervise

parent-child contact, the court shall establish conditions to be followed during

parent-child contact.

Sec. 14.  15 V.S.A. chapter 21, subchapter 4 is added to read:

Subchapter 4.  Vermont Council on Domestic Violence

§ 1171.  CREATION OF VERMONT COUNCIL ON DOMESTIC  VIOLENCE

There is created the Vermont council on domestic violence.  The council shall provide leadership for Vermont’s statewide effort to eradicate domestic violence.

§ 1172.  PURPOSE; POWERS; DUTIES

(a)  The council shall:

(1)  facilitate opportunities for dialogue, advocacy, education, and support among state agencies, advocacy groups, and the public;

(2)  collect, review, and analyze data and information relating to domestic violence;

(3)  provide assistance in developing effective responses to domestic violence, including model policies and procedures, prevention and education initiatives, and domestic-violence-related programs for the criminal justice and human services sectors; specifically, the council shall work with the department of state’s attorneys and the department of corrections to develop recommendations for practice in evidence-based prosecution, risk assessment with domestic violence offenders, the use of deferred sentences in domestic violence cases, standardized probation conditions for domestic violence offenders, appropriate programming options for domestic violence offenders, and strategies for addressing victims of domestic violence who commit crimes as a result of the coercion of a batterer;

(4)  recommend changes in state programs, laws, administrative regulations, policies, and budgets related to domestic violence;

(5)  establish and maintain standards for intervention programs for perpetrators of domestic violence, and develop a process for certifying that programs are complying with the standards;

(6)  review and comment upon legislation relating to domestic violence introduced in the general assembly at the request of any member of the general assembly or on its own initiative; and

(7)  study the issue of employment discrimination against victims of domestic violence and suggest model workplace protections and policies.

(b)  The council shall collaborate with the Vermont fatality review commission to develop strategies for implementing the commission’s recommendations.

(c)  The council shall make a biennial report to the general assembly, the governor, the supreme court, and the people of Vermont explaining all relevant data about domestic violence collected by the council, and evaluating the strengths and weaknesses of Vermont’s current domestic violence intervention response strategies.

§ 1173.  COMPOSITION AND MEETINGS

(a)  The council shall consist of the following members to be appointed as follows:

(1)  To be appointed by the governor:

(A)  one member of the public who shall be a survivor of domestic violence;

(B)  a representative from the same-sex domestic violence service provider community;

(C)  a representative from the deaf and disability service provider community;

(D)  a representative from the department of state’s attorneys;

(E)  a prosecutor from one of the STOP Domestic Violence units;

(F)  a member of the Vermont clergy;

(G)  one member of the public representing the interests of children exposed to domestic violence.

(2)  To be appointed by the chief justice of the Vermont supreme court:

(A)  five members of the judiciary, one of whom may be a magistrate, one of whom may be an assistant judge, and one of whom may be a court manager;

(B)  one guardian ad litem;

(C)  a representative of Vermont Legal Aid;

(D)  a representative of the Vermont bar experienced in family law.

(3)  The following members:

(A)  the secretary of human services or designee;

(B)  the director of the Vermont criminal information center or designee;

(C)  the defender general or designee;

(D)  the attorney general or designee;

(E)  the executive director of the Vermont center for crime victims services or designee;

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

(G)  the executive director of the criminal justice training council or designee;

(H)  the executive director of the Vermont commission on women or designee;

(I)  a representative from each county domestic violence task force;

(J)  a representative from Vermont’s supervised visitation coalition;

(K)  a representative from the Vermont police chiefs’ association;

(L)  a representative from the Vermont sheriffs’ association;

(M)  a representative from the Vermont coalition of batterer intervention services;

(N)  the commissioner of the department for children and families or designee;

(O)  the commissioner of the department of public safety or designee;

(P)  the commissioner of the department of corrections or designee; and

(Q)  the commissioner of the department of education or designee.

(b)  The council may establish any committees necessary to carry out its duties.

(c)  The council shall meet at least quarterly to conduct its business.

Sec. 15.  20 V.S.A. § 2365 is added to read:

§ 2365.  DOMESTIC VIOLENCE TRAINING

(a)  In order to remain certified, law enforcement officers shall receive by 2010 at least eight hours of domestic violence training in a program approved by the Vermont criminal justice training council and the Vermont network against domestic and sexual violence.

(b)  Law enforcement officers shall receive domestic violence retraining every two years in a program approved by the Vermont criminal justice training council.

(c)  The Vermont police academy shall employ a domestic violence trainer.

Sec. 16.  28 V.S.A. § 507 is amended to read:

§ 507.  NOTIFICATION TO VICTIM AND OPPORTUNITY TO TESTIFY

(a)  At least 30 days prior to a parole eligibility hearing, the victim of a listed crime as defined in 13 V.S.A. § 5301(7), shall be notified as to the time and location of the hearing.  Such notification may be waived by the victim in writing.

(b)  At a parole eligibility hearing, unless waived by the victim of a listed crime as defined in 13 V.S.A. § 5301(7), the inmate shall not be present when the victim testifies before the parole board.

(c)  Parole board proceedings shall be subject to the Vermont open meeting law.

(d)  As used in this section, “victim” means:

(1)  a victim of the listed crime for which the parole board is determining the inmate’s eligibility for parole; and

(2)  a victim of a listed crime of which the inmate was convicted other than the listed crime for which the parole board is determining the inmate’s eligibility for parole.

Sec. 17.  33 V.S.A. § 4917 is amended to read:

§ 4917.  MULTI-DISCIPLINARY TEAMS; EMPANELING

(a)  The commissioner of social and rehabilitation services, or his or her designee may empanel a multi-disciplinary team or a special investigative multi-task force team or both wherever in the state there may be a probable case of child abuse or neglect which warrants the coordinated use of several professional services.

(b)  The commissioner of social and rehabilitation services, or his or her designee, in conjunction with professionals and community agencies, shall appoint members to the multi-disciplinary or special investigative multi-task force teams which may include persons who are trained and engaged in work relating to child abuse or neglect such as medicine, mental health, social work, nursing, day care, education, law, or law enforcement.  Additional persons may be appointed when the services of those persons are appropriate to any particular case.

(c)  The empaneling of a multi-disciplinary or special investigative

multi-task force team shall be authorized in writing and shall specifically list the members of the team.  This list may be amended from time to time as needed as determined by the commissioner or his or her designee.

Sec. 18.  STUDY OF HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE

(a)  A committee is established to study the issue of housing discrimination against victims of domestic and sexual violence.

(b)  The committee shall consist of:

(1)  one member appointed by the agency of human services;

(2)  one member appointed by the Vermont public housing agency;

(3)  one member appointed by the Vermont apartment owners’ association;

(4)  one member appointed by Vermont legal aid;

(5)  one member appointed by the Champlain valley office of economic opportunity;

(6)  one member appointed by the Vermont department of housing and community affairs;

(7)  one member appointed by the Vermont human rights commission; and

(8)  one member appointed by the Vermont network against domestic and sexual violence.

(c)  The committee shall convene its first meeting not later than September 1, 2008.  The executive director of the Vermont human rights commission is designated to convene the initial meeting.  The Vermont human rights commission shall provide administrative support to the committee.  The committee may utilize the expertise of nonmembers in its work.  The committee shall report its findings to the senate committees on judiciary and on economic development, housing and general affairs and the house committees on judiciary and on general, housing and military affairs no later than December 15, 2008.  The report shall include an analysis of policies adopted by other states and recommendations to the general assembly about how to respond to the problem of housing discrimination.

Sec. 19.  STUDY OF THE HARASSMENT AND BULLYING OF STUDENTS IN VERMONT SCHOOLS

(a)  A committee is established to study the issue of harassment and bullying in Vermont schools.  The committee shall examine:

(1)  the need for further training of educators and school staff to recognize and appropriately respond to the harassment and bullying of students;

(2)  the need for legislative enactments to address cyber-bullying;

(3)  state laws and regulations regarding harassment and bullying;

(4)  school policies and procedures regarding harassment and bullying; and

(5)  any other issues regarding harassment and bullying that the committee deems relevant.

(b)  The committee shall also study the issue of cyber-bullying of Vermont students and recommend measures to address this growing and destructive phenomenon.

(c)  The committee shall consist of:

(1)  one member appointed by the Vermont department of education;

(2)  one member appointed by the Vermont school boards association;

(3)  one member appointed by the Vermont superintendents association;

(4)  one member appointed by the Vermont principals association;

(5)  one member appointed by the Vermont national education association;

(6)  one member appointed by the Vermont human rights commission;

(7)  one member appointed by the Vermont commission on women;

(8)  one member appointed by outright Vermont;

(9)  one member appointed by the Vermont ecumenical council;

(10)  one member appointed by the ALANA community organization;

(11)  one member appointed by the Vermont office of attorney general;

(12)  one law enforcement officer knowledgeable in the investigation of computer crime to be appointed by the Vermont department of public safety;

(13)  two members with expertise and experience in school issues, one to be appointed by the speaker of the house and one to be appointed by the president pro tempore of the senate;

(14)  two youths, one to be appointed by the speaker of the house and one to be appointed by the pro tempore of the senate; and

(15)  one member appointed by the American Civil Liberties Union of Vermont.

(d)  The committee shall convene its first meeting no later than September 1, 2008.  The executive director of the Vermont human rights commission is designated to convene the initial meeting.  The Vermont human rights commission shall provide administrative support to the committee.  The committee may utilize the expertise of non-members in its work. 

(e)  The committee shall report its findings to the senate and house committees on judiciary and education no later than December 15, 2008.  The report shall include a strategic plan to reduce the prevalence of harassment and bullying in Vermont schools.

Sec. 20.  13 V.S.A. § 7282 is amended to read:

§ 7282.  ASSESSMENT

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

* * *

(8)(A)  For any offense or violation committed after June 30, 2006, but before July 1, 2008, $26.00, of which $18.75 shall be deposited in the victims’ compensation special fund and $2.25 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20.

(B)  For any offense or violation committed after June 30, 2008, $36.00, of which $28.75 shall be deposited in the victims’ compensation special fund and $2.25 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20.

* * *

Sec. 21.  32 V.S.A. § 1712 is amended to read:

§ 1712.  TOWN CLERKS

Town clerks shall receive the following fees in the matter of vital registration:

(1)  For issuing and recording a marriage or civil union license, $23.00 $45.00 to be paid by the applicant, $8.00 $10.00 of which sum shall be retained by the town clerk as a fee, $20.00 of which shall be deposited in the victims’ compensation special fund, and $15.00 of which sum shall be paid by the town clerk to the state treasurer in a return filed quarterly upon forms furnished by the state treasurer and specifying all fees received by him or her during the quarter.  Such quarterly period shall be as of the first day of January, April, July, and October.

* * *

Sec. 22.  8 V.S.A. § 4080f is amended to read:

§ 4080f.  CATAMOUNT HEALTH

(a)  As used in this section:

* * *

(9)  “Uninsured” means an individual who does not qualify for Medicare, Medicaid, the Vermont health access plan, or Dr. Dynasaur, and had no private insurance or employer-sponsored coverage that includes both hospital and physician services within 12 months prior to the month of application, or lost private insurance or employer-sponsored coverage during the prior 12 months for any of the following reasons:

(A)  the The individual’s private insurance or employer-sponsored coverage ended because of:

(i)  loss of employment, unless the employer has terminated its employees for the primary purpose of discontinuing employer-sponsored coverage and establishing their eligibility for Catamount Health;

(ii)  death of the principal insurance policyholder;

(iii) divorce or dissolution of a civil union;

(iv)  no longer qualifying as a dependent under the plan of a parent or caretaker relative; or

(v)  no longer receiving COBRA, VIPER, or other state continuation coverage; or.

(B)  college- College- or university-sponsored health insurance became unavailable to the individual because the individual graduated, took a leave of absence, or otherwise terminated studies; or.

(C)(i)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency of human services with satisfactory documentation of the domestic violence.  The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in section 9402 of Title 18.  Information relating to the domestic violence, including the individual’s statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form.  In the event the agency is legally required to release this information without consent of the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

(ii)  Subdivision (i) of this subdivision (C) shall take effect upon issuance by the Centers for Medicare and Medicaid Services of approval of an amendment to the Global Commitment for Health Medicaid Section 1115 Waiver allowing for a domestic violence exception to the Catamount Health waiting period.


Sec. 23.  33 V.S.A. § 1973 is amended to read:

§ 1973.  VERMONT HEALTH ACCESS PLAN

(a)  The agency of human services or its designee shall establish the Vermont health access plan (VHAP) pursuant to a waiver of federal Medicaid law.  The plan shall remain in effect as long as a federal 1115 demonstration waiver is granted or renewed.

(b)  The purpose of the Vermont health access plan is to provide health care coverage for uninsured or underinsured low income Vermonters.  The agency of human services or its designee shall establish rules regarding eligibility and administration of the plan.

(c)  An individual who has been enrolled in an approved

employer-sponsored insurance plan with premium assistance under section 1974 of this title shall not be subject to a 12-month waiting period before becoming eligible for the Vermont health access plan as provided for in subdivision 1974(d)(1).

(d)  An individual who has been enrolled in Catamount Health, with or without premium assistance, shall not be subject to a 12-month waiting period before becoming eligible for the Vermont health access plan.

(e)  For purposes of this section, “uninsured” means:

(1)  an An individual with household income, after allowable deductions, at or below 75 percent of the federal poverty guideline for households of the same size; .

(2)  an An individual who had no private insurance or

employer-sponsored coverage that includes both hospital and physician services within 12 months prior to the month of application; or .

(3)  an An individual who lost private insurance or employer-sponsored coverage during the prior 12 months for any of the following reasons:

(A)  the The individual’s coverage ended because of:

(i)  loss of employment;

(ii)  death of the principal insurance policyholder;

(iii)  divorce or dissolution of a civil union;

(iv)  no longer qualifying as a dependent under the plan of a parent or caretaker relative; or

(v)  no longer receiving COBRA, VIPER, or other state continuation coverage; or .

(B)  college- College- or university-sponsored health insurance became unavailable to the individual because the individual graduated, took a leave of absence, or otherwise terminated studies; or.

(C)(i)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency of human services with satisfactory documentation of the domestic violence.  The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in section 9402 of Title 18.  Information relating to the domestic violence, including the individual’s statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form.  In the event the agency is legally required to release this information without consent of the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

(ii)  Subdivision (i) of this subdivision (C) shall take effect upon issuance by the Centers for Medicare and Medicaid Services of approval of an amendment to the waiver set forth in subsection (a) of this section allowing for a domestic violence exception to the VHAP waiting period.

Sec. 24.  33 V.S.A. § 1974 is amended to read:

§ 1974.  EMPLOYER-SPONSORED INSURANCE; PREMIUM ASSISTANCE

* * *

(c)  Uninsured individuals; premium assistance.

(1)  For the purposes of this subsection:

* * *

(B)  “Uninsured” means an individual who does not qualify for Medicare, Medicaid, the Vermont health access plan, or Dr. Dynasaur and had no private insurance or employer-sponsored coverage that includes both hospital and physician services within 12 months prior to the month of application, or lost private insurance or employer-sponsored coverage during the prior 12 months for the following reasons:

(i)  the individual’s coverage ended because of:

(I)  of employment, unless the employer has terminated its employees for the primary purpose of discontinuing employer-sponsored coverage and establishing their eligibility for Catamount Health;

(II)  death of the principal insurance policyholder;

(III)  divorce or dissolution of a civil union;

(IV)  no longer qualifying as a dependent under the plan of a parent or caretaker relative; or

(V)  no longer receiving COBRA, VIPER, or other state continuation coverage; or .

(ii)  college- College- or university-sponsored health insurance became unavailable to the individual because the individual graduated, took a leave of absence, or otherwise terminated studies; or.

(iii)(I)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency of human services with satisfactory documentation of the domestic violence.  The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in section 9402 of Title 18.  Information relating to the domestic violence, including the individual’s statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form.  In the event the agency is legally required to release this information without consent of the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

(II)  Subdivision (I) of this subdivision (B)(iii) shall take effect upon issuance by the Centers for Medicare and Medicaid Services of approval of an amendment to the waiver set forth in subsection (f) of this section allowing for a domestic violence exception to the premium assistance program waiting period.

* * *

Sec. 25.  33 V.S.A. § 1982 is amended to read:

§ 1982.  DEFINITIONS

As used in this subchapter:

(1)  “Catamount Health” means the health benefit plan offered under section 4080f of Title 8.

(2)  “Uninsured” means an individual who does not qualify for Medicare, Medicaid, the Vermont health access plan, or Dr. Dynasaur and had no private insurance or employer-sponsored coverage that includes both hospital and physician services within 12 months prior to the month of application, or lost private insurance or employer-sponsored coverage during the prior 12 months for the following reasons:

(A)  the individual’s private insurance or employer-sponsored coverage ended because of:

(i)  loss of employment, unless the employer has terminated its employees for the primary purpose of discontinuing employer-sponsored coverage and establishing their eligibility for Catamount Health;

(ii)  death of the principal insurance policyholder;

(iii)  divorce or dissolution of a civil union;

(iv)  no longer qualifying as a dependent under the plan of a parent or caretaker relative; or

(v)  no longer receiving COBRA, VIPER, or other state continuation coverage; or .

(B)  college- College- or university-sponsored health insurance became unavailable to the individual because the individual graduated, took a leave of absence, or otherwise terminated studies; or.

(C)(i)  The individual lost health insurance as a result of domestic violence.  The individual shall provide the agency of human services with satisfactory documentation of the domestic violence.  The documentation may include a sworn statement from the individual attesting to the abuse, law enforcement or court records, or other documentation from an attorney or legal advisor, member of the clergy, or health care provider, as defined in section 9402 of Title 18.  Information relating to the domestic violence, including the individual’s statement and corroborating evidence, provided to the agency shall not be disclosed by the agency unless the individual has signed a consent to disclose form.  In the event the agency is legally required to release this information without consent of the individual, the agency shall notify the individual at the time the notice or request for release of information is received by the agency and prior to releasing the requested information.

(ii)  Subdivision (i) of this subdivision (C) shall take effect upon issuance by the Centers for Medicare and Medicaid Services of approval of an amendment to the Global Commitment for Health Medicaid Section 1115 Waiver allowing for a domestic violence exception to the Catamount Health premium assistance waiting period.

* * *

Sec. 26.  APPROPRIATIONS

(a)  The amount of $883,000.00 from the victims’ compensation fund created by 13 V.S.A. § 5359 shall be available in FY 2009 for the center for crime victim services for the Vermont network against domestic and sexual violence.  This amount shall be used to fund domestic violence prevention programs and services in order to break the generational cycle of domestic violence and to support the victims of domestic and sexual violence.

(b)  Of the appropriation in subsection (a) of this section, the amount of $76,805.00 from the victims’ compensation fund shall be available for the Vermont police academy to employ a domestic violence training and curriculum development coordinator.

Sec. 27.  PILOT PROGRAM

The general assembly recognizes the significant impact of domestic violence on victims and their children.  The department for children and families, division of economic services, may expand emergency and general assistance pilot programs and may develop at least one pilot program specifically addressing the needs of victims of domestic violence.

Sec. 28.  DOMESTIC VIOLENCE EXCEPTION TO HEALTH CARE WAITING PERIOD

The secretary of human services shall request approval from the Centers for Medicare and Medicaid Services for an amendment to the Global Commitment for Health Medicaid Section 1115 Waiver to implement the domestic violence exception to the health care waiting periods set forth in Secs. 22, 23, 24 and 25 of this act.

Sec. 29.  32 V.S.A. § 605(f) is added to read:

     (f)  Each fee report submitted in accordance with subdivisions (b)(1), (2), or (3) of this section shall also include a report of every surcharge, assessment, add-on, fee, tax, or other type of charge imposed or administered by any state agency, the receipts of which are not deposited into the general fund, the transportation fund or the education fund, regardless of whether the charge falls within the definition of “fee” in section 602 of this subchapter.  A report under this subsection (f) shall include for each charge all of the information described in subsections (c) and (d) of this section.

Sec. 30.  32 V.S.A. § 602(2)(B) is amended to read:

(B)  The following charges are exempt from the provisions of this subchapter, except as provided in subsection 605(f) of this subchapter:

* * *

                                                                        JOHN F. CAMPBELL

                                                                        ANN E. CUMMINGS

                                                                        RICHARD W. SEARS, JR.

                                                                 Committee on the part of the Senate

                                                                        RICAHRD MAREK

                                                                        DAVID SHARPE

                                                                        JOE ACINAPURA

                                                                 Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate

S. 365.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on Senate bill entitled:

An act relating to capital construction and state bonding.

Was taken up for immediate consideration.

Senator Scott, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled:

S. 365.  An act relating to capital construction and state bonding.

Respectfully reports that it has met and considered the same and recommends that the House recede from its proposal of amendment and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  STATE BUILDINGS

The following is appropriated in total to the department of buildings and general services, and the commissioner is authorized to direct funds appropriated in this section to the projects contained in this section; however, no project shall be canceled unless the chairs of the senate committee on institutions and the house committee on corrections and institutions are notified before that action is taken.  The individual allocations in this section are estimates only.

(1)  Statewide, Americans with Disabilities Act (ADA) – for improvements at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford:                                                            125,000

(2)  Statewide, building reuse:                                                         100,000

(3)  Statewide, contingency fund:                                                     500,000

(4)  Statewide, major maintenance:                                               7,076,089

(5)  Statewide, planning:                                                                    25,000

(6)  Montpelier, 120 State Street, elevator replacement:                  450,000

(7)  Montpelier, 120 State Street, window replacement:                  500,000

(8)  Springfield state office building, supplement:                              300,000

(9)  St. Albans, 20 Houghton Street, roof repairs:                            250,000

(10)  St. Albans, 20 Houghton Street, heating, ventilation, and air conditioning (HVAC) improvements:                           450,000

(11)  St. Albans, correctional facility sewer upgrade:      600,000

(12)  State Archives, relocation to Middlesex, design, and construction:

                                                                                                   1,500,000

(13)  State House, locks for desks in the house of representatives subject to approval of the state house legislative advisory committee and the joint rules committee:                                                                                                               25,000

Total appropriation – Section 1                                                         $11,901,089

Sec. 2.  TAXES

The sum of $100,000 is appropriated to the department of taxes for an ongoing project to update statewide quadrangle maps through digital orthophotographic quadrangle mapping.

Total appropriation – Section 2                                                             $100,000

Sec. 3.  HEALTH AND PUBLIC SAFETY LABORATORIES/BUILDING #617 IN ESSEX

The sum of $5,000,000 is appropriated to the department of buildings and general services for construction and renovation of Building #617 in Essex, including co-location of the department of health and department of public safety forensics laboratories or other options pursuant to Sec.31 of this act.                     

Total appropriation - Section 3                                                            $5,000,000

Sec. 4.  HUMAN SERVICES

(a)  The following is appropriated in total to the department of buildings and general services for the agency of human services for the projects described in this section.

(1)  Vermont state hospital, ongoing security and maintenance:                                                                                                                           100,000

(2)  Vermont state hospital, to study the feasibility of converting the Dale correctional facility, converting the Brooks facility, or contracting for new construction to create a secure residential facility in Waterbury, and for continued planning, design, and permitting associated with the certificate of need (CON) process for a facility or facilities to replace any of the functions of the current Vermont State hospital:                                                                          250,000

(3)  Corrections, continuation of suicide abatement project:              124,000

(4)  Corrections, renovations to St. Albans northwest regional correctional facility to be a women’s facility, closing the Dale facility in Waterbury as a correctional facility, and renovations to the Windsor southeast regional correctional facility to be a therapeutic and substance abuse treatment work camp.  Program changes associated with the renovations shall be funded from the department of corrections budget and not from capital funds.  A portion of the funds shall be used to create a child and family friendly area where children can visit their incarcerated parents.  The department of corrections shall work with community-based organizations to provide services for inmates, including at least as many services in the St. Albans facility as were offered in the Dale and Windsor facilities.  Based on a recommendation to the corrections oversight committee from the commissioner of corrections, on feasibility and costs of providing a transition housing unit modeled on the transition housing unit at the Chittenden Regional Correctional Facility within the Northwest State Correctional Facility, the commissioner shall use any remaining funds to build the units:                                                                 1,845,000

(b)  The following is appropriated to the department of buildings and general services for the St. Albans City Police Department to construct two holding cells in the city lockup:                        20,000

Total appropriation – Section 4                                                            $2,339,000

Sec. 5.  JUDICIARY

The sum of $719,676 is appropriated to the department of buildings and general services for the judiciary for security improvements, renovations, and mechanical upgrades at the Windham district and family courthouse in Brattleboro.

Total appropriation – Section 5                                                              $719,676

Sec. 6.  BUILDING COMMUNITIES GRANTS

The following sums are appropriated for building communities grants:

(1)  To the agency of commerce and community development, division for historic preservation, for the historic preservation grant program established in 24 V.S.A. § 5602:                                                                 180,000

(2)  To the agency of commerce and community development, division for historic preservation, for the historic barns preservation grant program established in 24 V.S.A. § 5603.  However, funds shall not be granted to projects which propose to remove historic building features, even if they were added after the original construction of the building.  The division for historic preservation, with the approval of the commissioner of housing and community affairs, may use up to $20,000 of the funds appropriated in this subdivision to conduct a statewide census of Vermont barns for the purpose of future restoration efforts:                                                                           180,000

(3)  To the agency of commerce and community development, division for historic preservation, for the cultural facilities grant program established in 24 V.S.A. § 5604:                                                                                    180,000

(4)  To the department of buildings and general services for the recreational facilities grant program established in 24 V.S.A. § 5605:                                                                                                                                                                  180,000

(5)  To the department of buildings and general services for the human services and educational facilities competitive grant program established in 24 V.S.A. § 5606:                                                                                    180,000

(6)  To the department of information and innovation for the Vermont telecommunications authority for the broadband development grant program established in Sec. 3 of No. 79 of the Acts of 2007:            180,000

Total appropriation – Section 6                                                           $1,080,000

Sec. 7.  COMMERCE AND COMMUNITY DEVELOPMENT

(a)  The following sums are appropriated to the department of buildings and general services for the agency of commerce and community development for the following projects:

(1)  Major maintenance at historic sites statewide; provided such maintenance shall be under the supervision of the department of buildings and general services:                                                                                         200,000

(2)  Continued planning and design to expand the visitors’ center at the Calvin Coolidge state historic site in Plymouth Notch.  These funds, and up to $84,100 of unexpended funds from previous years’ appropriations, may be used as matching funds for a challenge grant from the National Endowment for the Humanities:                                                             200,000

(b)  The following sums are appropriated to the agency of commerce and community development for the following projects:

(1)  Protecting, preserving, moving, or reinterring human remains discovered in unmarked burial sites:                                   25,000

(2)  Underwater preserves:                                                               25,000

(3)  Placement and replacement of roadside historic site markers:                                                                                                                        10,000

Total appropriation – Section 7                                                              $460,000

Sec. 8.  EDUCATION

The following is appropriated in total to the department of education for the purposes described in this section:

(1)  State aid for school construction projects pursuant to section 3448 of Title 16, to be expended on projects prioritized for funding by the state board of education on December 18, 2007:                                               10,000,000

(2)  For the Walden School District, for 25 percent of the eligible costs of roof repairs at the Walden School:                         6,750

(3)  Establishment of a school energy grant program to pay the costs of conducting comprehensive energy engineering analyses of school buildings by qualified engineers.  Under this pilot program, the department of education shall award grants to Vermont public schools for an amount equal to 100 percent of the cost to conduct an energy engineering analysis.  Grant awards shall not exceed $10,000 per application; however, school districts retain the right to spend more than $10,000 on the energy engineering analysis, but shall in this instance be solely responsible for the additional costs incurred.  The commissioner of education shall develop guidelines and selection criteria necessary to implement the pilot program, and shall report to the senate committee on institutions and the house committee on corrections and institutions on or before January 15, 2009 and again on or before January 15, 2010 on the status of the pilot project, including the total number of grants awarded, the dollar amount of each grant awarded, and the outcome of each grant recipient’s energy engineering analysis:                50,000

Total appropriation – Section 8                                                         $10,056,750

Sec. 9.  AUSTINE SCHOOL

The sum of $50,000 is appropriated to the department of buildings and general services for the renovation of Holton Hall at the Austine School.

Total appropriation – Section 9                                                                $50,000

Sec. 10.  UNIVERSITY OF VERMONT

The sum of $1,600,000 is appropriated to the University of Vermont for construction, renovation, or maintenance projects.  The university shall file with the general assembly on or before January 15 an annual report that details the status of capital projects funded in whole or in part by state capital appropriations, including an explanation of the process for bidding for contractors or subcontractors where the amount of the contract or subcontract exceeds $50,000.

Total appropriation – Section 10                                                         $1,600,000

Sec. 11.  VERMONT STATE COLLEGES

The sum of $1,600,000 is appropriated to the Vermont State Colleges for major facility maintenance.  The state colleges shall file with the general assembly on or before January 15 an annual report that details the status of capital projects funded in whole or in part by state capital appropriations, including an explanation of the process for bidding for contractors or subcontractors where the amount of the contract or subcontract exceeds $50,000.

Total appropriation – Section 11                                                         $1,600,000

Sec. 12.  NATURAL RESOURCES

(a)  The following is appropriated in total to the agency of natural resources for water pollution control projects:

(1)  State matching funds for the pollution control and clean water state revolving fund administered in accordance with chapter 55 of Title 10 and chapter 120 of Title 24:                                                                                            2,100,000

(2)  Pollution control projects in Springfield and Newport City:                                                                                                                 2,000,000

(3)  Wastewater facilities project in Pownal:                   1,500,000

(4)  Interest on short‑term borrowing associated with delayed grant funding for the Pownal project:                                     100,000

Total Appropriation - Section 12(a)                                                     $5,700,000

(b)  The following is appropriated in total to the agency of natural resources for the drinking water state revolving fund:                         1,900,000

(c)  The following is appropriated in total to the agency of natural resources for the clean and clear program to accelerate the reduction of phosphorus discharges into Lake Champlain and other waters of the state:

(1)  Ecosystem restoration and protection:                               1,120,000

(2)  Unregulated stormwater management:                      150,000

(3)  Wastewater phosphorus removal at municipal wastewater treatment plants:                                                                             550,000

(4)  For the Farmers Watershed Alliance, to reduce phosphorus loads to Lake Champlain:                                                         30,000

(5)  For the Natural Resource Conservation Districts, to reduce phosphorus loads to the waters of the state:                        50,000

Total Appropriation - Section 12(c)                                                     $1,900,000

(d)  The following sum is appropriated to the agency of natural resources for the state’s year-one share of the federal match to conduct a three-year study of spring flooding in the city of Montpelier.  However, the state shall not enter into any commitment to pay for construction of flood control improvements without legislative approval:                                           100,000

(e)  The following sums are appropriated to the agency of natural resources for the department of forests, parks and recreation for the purposes described in this subsection:

(1)  Rehabilitation of aging state park infrastructure:       800,000

(2)  For the Green Mountain Club, Inc. for the procurement in fee simple or by easement of properties along the Long Trail:         25,000

Total Appropriation - Section 12(e)                                                        $825,000

(f)  The following sums are appropriated to the agency of natural resources for the department of fish and wildlife for projects described in this subsection:

(1)  Filter building at the Bald Hill Fish Culture Station:   125,000

(2)  Road resurfacing, dismantling of a degraded building, shooting range modifications, or any combination of these at Buck Lake conservation camp:                                                                                                                              50,000

(3)  For the Lake Champlain Walleye Association, Inc. to upgrade and repair the walleye rearing, restoration, and stocking infrastructure:                25,000

(4)  For the purchase and installation of a generator at the Salisbury fish culture station:                                                            $100,000

(5)  Purchase and installation of an autonomous pump at the Ed Weed Fish Culture Station in Grand Isle:                                                                                    90,000

Total Appropriation  Section 12(f)                                                          $390,000

Total appropriation – Section 12                                                       $10,815,000

Sec. 13.  MILITARY

The following is appropriated in total to the department of the military for the projects described in this section.  If the state’s share of site acquisition costs in subdivision (1) of this section exceeds $150,000, the department of the military may use funds appropriated in subdivision (2) of this section as needed for the state’s share:

(1)  Site acquisition for the combined northern field maintenance shop and Morrisville armory:                                               150,000

(2)  Design and implementation of energy conservation projects at up to ten armories:                                                              200,000

Total appropriation – Section 13                                                            $350,000

Sec. 14.  PUBLIC SAFETY

The following sums are appropriated in total to the department of buildings and general services for the department of public safety:

(1)  For removal of the pump island and underground storage tank in Waterbury:                                                                     15,000

(2)  For health and security upgrades at the Bradford field station:

                                                                                                      100,000

Total appropriation – Section 14                                                            $115,000

Sec. 15.  FIRE SERVICE TRAINING

The following sums are appropriated for fire service training:

(1)  To the department of buildings and general services for the Vermont fire service training council for construction of a fire training facility at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford.  Capital funds appropriated for construction of this project shall not exceed the sum of $2,000,000:                             2,000,000

(2)  To the department of public safety for the Vermont fire service training council to purchase Candidate Physical Ability Test (CPAT) equipment for use by volunteer or professional firefighters at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford, at Vermont Technical College, or at any other location around the state, if feasible:                                                                                       60,000

(3)  To Vermont State Colleges as the state’s financial contribution to the construction of a steel burn building at the Vermont Technical College campus in Randolph.  The state’s appropriation is contingent upon receipt by Vermont Technical College of a $406,000 federal appropriation earmarked for construction of the steel burn building.  As a condition of the state’s appropriation, Vermont Technical College shall provide use of classrooms and dormitories for firefighter training during times when they are not otherwise needed for Vermont Technical College programs or services.  In the event the federal funds earmarked for this project are not received by February 1, 2009, the appropriation of this subdivision shall revert to the department of buildings and general services for future capital expenditures.  It is the intent of the general assembly that the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford shall be the headquarters for the fire service training council:                                                                              240,000

Total appropriation – Section 15                                                         $2,300,000

Sec. 16.  AGRICULTURE, FOOD AND MARKETS

The following sums are appropriated in total to the agency of agriculture, food and markets for the purposes described in this section:

(1)  For the best management practice implementation cost share program, to continue to develop best management practices on Vermont farms.  Farmers participating in this program are eligible for cost share funds not to exceed $75,000 or 80 percent of a project:                                          1,800,000

(2)  For the agricultural buffer program, to install water quality conservation buffers, and for the capital equipment assistance program established in 6 V.S.A. § 4828.  Up to $250,000 of this amount shall be for the capital equipment assistance program, provided that the state’s share shall not exceed $50,000 or 50 percent of a project:                                             500,000

(3)  For the competitive grants program for agricultural fair capital projects.  No single entity shall be awarded more than ten percent of this appropriation:                                                                                                    180,000

(4)  For the Vermont Sustainable Jobs Fund for the implementation phase of the food-to-waste-to-energy biodigester project at the Vermont Technical College campus in Randolph:                                                                    20,000

Total appropriation – Section 16                                                         $2,500,000

Sec. 17.  VERMONT PUBLIC TELEVISION

The sum of $500,000 is appropriated to Vermont Public Television as the state match for the federally mandated conversion of Vermont Public Television’s transmission sites to digital broadcasting format.

Total appropriation – Section 17                                                            $500,000

Sec. 18.  VERMONT INTERACTIVE TELEVISION

The sum of $250,070 is appropriated to Vermont Interactive Television for video upgrades, codec upgrades, monitor replacement, or any combination thereof, at Vermont Interactive Television sites.

Total appropriation – Section 18                                                            $250,070

Sec. 19.  VERMONT RURAL FIRE PROTECTION

The sum of $100,000 is appropriated to the department of public safety, division of fire safety for the Vermont rural fire protection task force to continue the dry hydrant program.

Total appropriation – Section 19                                                              100,000

Sec. 20.  VERMONT VETERANS HOME

The sum of $1,700,000 is appropriated to the department of buildings and general services for the Vermont Veterans Home for the final phase of geothermal HVAC renovations.

Total appropriation – Section 20                                                         $1,700,000

Sec. 21.  VERMONT CENTER FOR CRIME VICTIM SERVICES

The sum of $50,000 is appropriated to the Vermont Center for Crime Victim Services for Americans with Disabilities Act improvements at domestic violence shelters.  The Vermont Center for Crime Victim Services shall file with the commissioner of buildings and general services an annual report, on or before December 1, 2008, which details the status of the improvements funded in whole or in part by state capital appropriations.

Total appropriation – Section 21                                                              $50,000

Sec. 22.  TRANSPORTATION FUNDING; APPROPRIATIONS ACT

(a)  The amount of $5,200,000, less issuance costs, is appropriated to the agency of transportation program development appropriation 8100001100.  The secretary of transportation shall allocate the funds to approved capital projects in the fiscal year 2009 transportation program.

(b)  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.

Total appropriation – Section                                                            225,200,000

* * * Financing this Act * * *

Sec. 23.  REALLOCATION OF FUNDS; TRANSFER OF FUNDS

The following sums are reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 of this act, unless otherwise specified:

(1)  of the amount appropriated in Sec. 2(c) of No. 185 of the Acts of the 1995 Adj. Sess. (1996) (GOVnet for schools):                2,695.47

(2)  of the amount appropriated in Sec. 8(a)(6) of No. 62 of the Acts of 1997 (information technology):                                         14,440.22

(3)  of the amount appropriated by Sec. 2(d) of No. 62 of the Acts of 1995 (EWIMS):                                                                 11,500.50

(4)  of the amount appropriated by Sec. 2(b) of No. 62  of the Acts of 1995 (satellite video recording equipment):                   4,211.50

(5)  of the amount appropriated by Sec. 2a(b)(1) of No. 62 of the Acts of 1995 (VALS to GOVnet conversion):                5,381.29

(6)  of the amount appropriated by Sec. 5(p) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (Vermont hydroelectric):                152,675.59

(7)  of the amount appropriated by Sec. 4(e) of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (illumination plan for Bennington Battle Monument):                                                                                                                                                   528.99

(8)  of the amount appropriated by Sec. 11(b) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (creation of Civil War monument):             1,296.61

(9)  of the amount appropriated by Sec. 3(f)(2) of No. 43 of the Acts of 2005 (fit-up of a VCI building at the southern state correctional facility):                                                                                                                                               49,391.17

(10)  of the amount appropriated by Sec. 4 of No. 43 of the Acts of 2005 (Rutland courthouse renovations):                           39,249.25

(11)  of the amount appropriated by Sec. 20 of No. 43 of the Acts of 2005 (Vermont Veterans’ Memorial Cemetery expansion design): 50,000.00

(12)  of the amount appropriated by Sec. 5(c) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (renovations to Bennington courthouse to enhance security and litigant services):                                                                        198,844.00

(13)  of the amount appropriated by Sec. 12(d) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (public safety outpost at the Williston rest area):                                                                                                                                                     3,912.00

(14)  of the amount appropriated by Sec. 1(1) of No. 52 of the Acts of 2007 (design and construction of state archives at the triangle site in Montpelier) for the purpose of relocating the state archives to Middlesex pursuant to Sec. 1(12) of this act:                                                             1,695,547.50

(15)  of the amount appropriated by Sec. 16(a)(1) of No. 43 of the Acts of 2005 (historic preservation grants):                          394.41

(16)  of the amount appropriated by Sec. 16(a)(1) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (historic preservation grants):                 23,016.00

(17)  for the purpose of closing and renovating correctional facilities pursuant to Sec. 4(4) of this act:

(A)  of the amount appropriated by Sec. 3(c) of No. 43 of the Acts of 2005 (corrections work camp):                                 82,695.81

(B)  of the amount appropriated by Sec. 4(c) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (corrections work camp):          676,167.00

(C)  of the amount appropriated by Sec. 4(1) of No. 52 of the Acts of 2007 (corrections work camp site acquisition):            99,367.00

(18)  of the amount appropriated by Sec. 5(b)(1) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (historic barn grants):               241.93

(19)  of the amount appropriated by Sec. 16(a)(2) of No. 43 of the Acts of 2005 (historic barn grants):                                 9,728.70

(20)  of the amount appropriated by Sec. 16(a)(2) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (historic barn grants):           30,748.00

(21)  of the amount appropriated in Sec. 1(7) of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (planning and design for addition to the state house):                                                       380,514

(22)  of the amount appropriated in Sec. 11(a) of No. 52 of the Acts of 2007 (water pollution control):    434,540

(23)  of the amount appropriated in Sec. 15 (b)(2) of No. 148 of the Acts of the 1999 Adj. Sess. (2000) (Bennington sewer line):                                                                                                 19,787

(24)  of the amount appropriated in Sec. 8(A)(3) of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (state-owned dams):                                                                                                      100,000

(25)  of the amount appropriated in Sec. 5(e) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (Orange County courthouse):                                                                                              49,711

Total reallocations and transfers – Section 22                                $4,136,585.18

Sec. 24.  GENERAL OBLIGATION BONDS

(a)  The state treasurer is authorized to issue general obligation bonds in the amount of $54,650,000 for the purpose of funding the appropriations of this act.  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.  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.

(b)  The treasurer is authorized to issue a further $10,000,000 in general obligation bonds if approved pursuant to Section 27 of this act.

Total bonding – Section 24(a)                                                           $54,650,000

* * * Managing this Act * * *

Sec. 25.  32 V.S.A. § 1001 is amended to read:

§ 1001.  CAPITAL DEBT AFFORDABILITY ADVISORY COMMITTEE

(a)  Committee established.  A capital debt affordability advisory committee is hereby created with the duties and composition provided by this section.

(b)  Committee duties.

(1)  The committee shall review annually the size and affordability of the net state tax supported general obligation debt tax-supported indebtedness, and submit to the governor and to the general assembly an estimate of the maximum amount of new long-term general obligation net state tax-supported debt that prudently may be authorized for the next fiscal year.  The estimate of the committee shall be advisory and in no way bind the governor or the general assembly.

(2)  The committee shall conduct ongoing reviews of the amount and condition of bonds, notes, and other obligations of instrumentalities of the state for which the state has a contingent or limited liability or for which the state legislature is permitted to replenish reserve funds, and, when deemed appropriate, recommend limits on the occurrence of such additional obligations to the governor and to the general assembly.

(c)  Committee estimate of a prudent amount of general obligation net state tax-supported debt; affordability considerations.  On or before September 30 of each year, the committee shall submit to the governor and the general assembly the committee's estimate of general obligation net state tax supported debt which prudently may be authorized for the next fiscal year, together with a report explaining the basis for the estimate.  In developing its annual estimate, and in preparing its annual report, the committee shall consider:

(1)  The amount of state general obligation bonds net state tax-supported indebtedness that, during the next fiscal year, and annually for the following nine fiscal years:

(A)  will be outstanding; and

(B)  have been authorized but not yet issued.

(2)  A projected schedule of affordable state general obligation net state tax-supported bond authorizations, for the next fiscal year and annually for the following nine fiscal years.  The assessment of the affordability of the projected authorizations shall be based on all of the remaining considerations specified in this section.

(3)  Projected debt service requirements during the next fiscal year, and annually for the following nine fiscal years, based upon:

(A)  existing outstanding debt;

(B)  previously authorized but unissued debt; and

(C) projected bond authorizations.

(4)  The criteria that recognized bond rating agencies use to judge the quality of issues of state bonds, including but not limited to:

(A)  existing and projected total debt service on general obligation net tax-supported debt as a percentage of combined general and transportation fund revenues, excluding surpluses in these revenues which may occur in an individual fiscal year; and

(B)  existing and projected total general obligation net tax-supported debt outstanding as a percentage of total state personal income.

(5)  The principal amounts currently outstanding, and balances for the next fiscal year, and annually for the following nine fiscal years, of existing:

(A)  obligations of instrumentalities of the state for which the state has a contingent or limited liability;

(B)  any other long-term debt of instrumentalities of the state not secured by the full faith and credit of the state, or for which the state legislature is permitted to replenish reserve funds; and

(C)  to the maximum extent obtainable, all long-term debt of municipal governments in Vermont which is secured by general tax or user fee revenues.

(6)  The impact of capital spending upon the economic conditions and outlook for the state.

(7)  The cost-benefit of various levels of debt financing, types of debt, and maturity schedules.

(8)  Any projections of capital needs authorized or prepared by the agency of transportation, the joint fiscal office, or other agencies or departments.

(9)  Any other factor that is relevant to:

(A)  the ability of the state to meet its projected debt service requirements for the next five fiscal years; or

(B)  the interest rate to be borne by, the credit rating on, or other factors affecting the marketability of state bonds.

(8)(10)  The effect of authorizations of new state debt on each of the considerations of this section.

(d)  Committee composition.

(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)  the secretary a representative of the Vermont municipal bond bank chosen by the directors of the bank.

(B)  One individual not an official or employee Two individuals with experience in accounting or finance, who are not officials or employees of state government appointed by the governor for a two-year term six-year terms.

(C)  One person who is not an official or employee of state government with experience in accounting or finance appointed by the state treasurer for a six-year term.

(2)  Chairperson.  The state treasurer shall be the chairperson of the committee.

(e)  Other attendants of committee meetings.  Staff of the legislative council and the joint fiscal committee shall be invited to attend committee meetings for the purpose of fostering a mutual understanding between the executive and legislative branches on the appropriate statistics to be used in committee reviews, debt affordability considerations, and recommendations.

(f)  Information.  All public entities whose liabilities are to be considered by the committee, shall annually provide the state treasurer with the information the committee deems necessary for it to carry out the requirements of this subchapter.

Sec. 26.  CAPITAL DEBT AFFORDABILITY ADVISORY COMMITTEE; TRANSITIONAL PROVISIONS

Notwithstanding 32  V.S.A. § 1001(d)(1)(B) and (C), of the first two appointments made under subdivision (B) following passage of this act, one shall be for a term of two years and one shall be for a term of six years, and the first appointment made under subdivision (C) shall be for a term of four years. 

Sec. 27.  CLOSING THE GAP BETWEEN TRANSPORTATION NEEDS AND AVAILABLE REVENUES FOR FISCAL YEAR 09

(a)  The capital debt affordability advisory committee (CDAAC) shall, in addition to submitting its fiscal year 2010 recommendation, consider, in the context of the size and affordability of net state tax-supported indebtedness, additional transportation financing that could assist in closing the gap between transportation needs and available revenues in fiscal year 2009.

(b)  By October 1, 2008, the CDAAC shall submit to the governor, the members of the joint fiscal committee and the chairs of the house and senate transportation committees, an estimate of the amount of additional long-term net tax supported debt, in addition to the $54,650,000 in general obligation debt previously recommended for fiscal year 2009, for debt issuance to support the state’s capital budget, that prudently may be authorized for transportation-related uses that could assist in closing the gap between transportation needs and available revenues.  In addition to the fiscal year 2009 recommendation, the CDAAC shall make its recommendations for fiscal year 2010, as provided by 32 V.S.A. chapter13, incorporating the considerations specified in this section.  The general assembly authorizes for fiscal year 2009 the issuance of general obligation bonds for transportation up to $10,000,000 in addition to the amount authorized in Sec. 24 of this act, to be dedicated to transportation, provided that the total amount issued does not exceed the CDAAC recommendation to be submitted by October 1, 2008.  The following subdivisions shall apply to the bonds authorized by this section:

(1)  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.

(2)  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.

(c)  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.

(d)  Following adjournment of the 2008 session of the general assembly and before June 30, 2008, the agency of transportation shall present to a special committee, composed of the joint fiscal committee and the chairs of the house and senate transportation committees, an addendum to the fiscal year 2009 transportation budget equal to $10,000,000 in state funds.  The agency shall also present a reserve list of projects and programs, equal to the size of the budget addendum, which could be delayed until fiscal year 2010 as a contingent adjustment if the CDAAC recommends less than $10,000,000 additional bonding for fiscal year 2009.  In the event the CDAAC approves less than $10,000,000 in additional bonding for fiscal year 2009, the agency shall manage the reserve list within available funds or postpone projects until fiscal year 2010.  The budget addendum and reserve list shall be subject to approval of the special committee. 

(e)  There is appropriated in fiscal year 2009 to the agency of transportation the additional amount approved by CDAAC, up to $10,000,000, to fund capital projects from the budget as approved by the special committee.

(f)  With the approval of the secretary of administration, the secretary of transportation may transfer balances of appropriations from one department or unit of the agency of transportation to another department or unit of the agency of transportation for the specific purpose of funding transportation projects and programs in the budget addendum referred to in subsection (d) of this section. Expenditure of state funds under this section will be reimbursed by bond funds if and when the bond funds become available.  Upon such reimbursement, the transferred funds shall be transferred back to the original department or unit of the agency of transportation from which the initial transfer was made. The secretary of transportation shall report any transfers made under this section to the joint transportation oversight committee, and copies of these reports shall be delivered to the joint fiscal office.


Sec. 28.  USE OF BONDED FUNDS BY THE AGENCY OF NATURAL RESOURCES; JOINT FISCAL OFFICE; STUDY

(a)  The office of finance and management and the joint fiscal office, with help from the agency of natural resources and the department of buildings and general services, shall study the processes the agency of natural resources uses for determining:

(1)  when to request general obligation funds from the general assembly for projects to be funded from the pollution control and clean water state revolving fund and the drinking water state revolving fund; and

(2)  when the funds are paid to the recipient.

(b)  On or before January 15, 2009, the two offices shall report to the senate committee on institutions and the house committee on corrections and institutions on its recommendations for revising the processes so that bonded funds are used as efficiently as possible.

Sec. 29.  AUTHORITY TO TRANSFER FUNDS

The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances among projects authorized in Sec. 12 of this act.

Sec. 30.  ACCEPTANCE OF GRANTS AND OTHER FUNDS

(a)  Notwithstanding section 5 of Title 32 (acceptance of grants):

(1)  The commissioner of environmental conservation, with the approval of the secretary of natural resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with chapter 120 of Title 24.  Acceptance of this grant money is hereby approved, provided all notifications are made under subsection 4760(a) of Title 24.

(2)  The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants made available through federal crime bill legislation. 

(3)  The commissioner of buildings and general services may accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at state buildings.

(4)  The commissioner of buildings and general services may accept federal grant funds in connection with the state health and forensic laboratories.  These funds may be used to defray or supplement costs in Sec. 3 of this act.

(5)  The commissioner of buildings and general services may accept federal grant funds from the department of public safety for the purpose of purchasing, designing, and retrofitting a new emergency management facility and emergency operations center.  No state funds shall be appropriated to this project from general obligation bonds issued for capital construction under this act or any prior capital construction act. 

(b)  Each receipt of a grant or gift authorized by this section shall be reported by the commissioner of the department receiving the funds to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to the joint fiscal committee. 

* * * Buildings and General Services * * *

Sec. 31.  PROJECTS FUNDED IN PRIOR YEARS; BENNINGTON STATE OFFICE BUILDING; BUILDING #617 IN ESSEX

(a)  The commissioner of buildings and general services is authorized to use funds appropriated under this act for capital projects requiring additional support that were funded with capital or general appropriations made in prior years.

(b)  The commissioner of buildings and general services is authorized to spend up to $250,000 from funds appropriated for the Bennington state office building in Sec. 1(14) of No. 52 of the Acts of 2007 for the purpose of developing a comprehensive proposal to meet state office building needs while supporting the downtown redevelopment initiative in the town of Bennington.  In developing the proposal, the commissioner may hire one or more consultants to evaluate existing and potential state office space in Bennington, and shall consult with the Bennington downtown task force created by Sec. 4 of No. 53 of the Acts of 2007 to explore and evaluate opportunities.  Any recommended proposal shall limit the state’s capital appropriation for the project to up to a total of $10 million, and the commissioner shall explore all potential funding opportunities for the proposal.  On or before January 15, 2009, the commissioner of buildings and general services shall submit a report to the senate committee on institutions and the house committee on corrections and institutions on behalf of the department of buildings and general services and the Bennington downtown task force regarding a plan for Bennington state offices and for the Bennington district and family courts.  The proposal may include any of the following:

(1)  Selling the current state office building and land, and relocating state programs, services, and staff to another site.

(2)  Redeveloping one or more state buildings.  Redevelopment may include any of the following for all or portions of the building or buildings:  renovations, razing, leasing, entering into condominium agreements, entering into partnership agreements, and location of state programs, services, and staff.

(3)  Purchase or lease of a building or buildings or a portion of a building or buildings in the town of Bennington for relocation of state programs, services, and staff.

(4)  Purchase of land and construction of a building in the town of Bennington, with priority consideration given to the designated downtown development district; location of state programs, services, and staff in the downtown building; and potential use of a portion of the building by nonstate workers through a lease, condominium agreement, or partnership agreement.

(c)  In order to expedite the placement of the state public safety laboratories, the commissioner of buildings and general services is authorized to pursue options for location of the laboratories other than the Building #617 location, including sites in Washington County.  After consultation with the chairs and vice chairs of the senate committee on institutions and the house committee on corrections and institutions, and with the state treasurer if the proposal includes an operating lease or agreement pursuant to subdivision (3) of this subsection, and upon approval from the secretary of administration and the joint fiscal committee, the commissioner of buildings and general services may undertake any of the following:

(1)  Enter into one or more development agreements that would expedite the design, development, construction, and occupancy of the state public safety laboratories.

(2)  Reallocate any unencumbered prior capital appropriations for the development and construction of the health and forensic laboratories to the state’s contribution or costs related to the plan for expedited placement.  

(3)  Enter into operating leases or agreements, including condominium agreements, or other agreements such as lease-purchase, lease-lease back, sell-lease back, land lease, or any combination thereof to expedite the placement of the laboratories.

(d)  Current construction plans and funding for the health and public safety laboratories at Building #617 in Essex referenced in Sec. 3 of this act require phased construction, which could potentially increase the overall cost of this project.  It is therefore deemed to be in the state’s best interest to expedite construction, and it is the intent of the general assembly to approve the exploration by the commissioner of buildings and general services of various development options that would expedite the construction process. Therefore, after the commissioner has explored and acted on viable options for the location of the state public safety laboratories under subsection (c) of this section, notwithstanding sections 161, 165, and 166 of Title 29, the commissioner is authorized to explore, develop, and negotiate with the current property manager all development options available regarding the land and property related to Building #617.  After consultation with the chairs and vice chairs of the senate committee on institutions and the house committee on corrections and institutions, and with the state treasurer if the proposal includes an operating lease or agreement pursuant to subdivision (4) of this subsection, and upon approval from the secretary of administration and the joint fiscal committee, the commissioner of buildings and general services may undertake any of the following:

(1)  Enter into one or more development agreements that would expedite the design, development, construction, and occupancy of the proposed health and forensic laboratories.

(2)  Sell the state’s property or any portion thereof located at 30 and 42 Allen Martin Drive in Essex.  The commissioner’s authority to sell includes the discretion to apply the proceeds from the sale to the state’s contribution or costs related to the development plan for the health and forensic laboratories.

(3)  Reallocate any unencumbered prior capital appropriations for the development and construction of the health and forensic laboratories to the state’s contribution or costs related to the plan for expedited construction.  

(4)  Enter into operating leases or agreements, including condominium agreements, or other agreements such as lease-purchase, lease-lease back, sell-lease back, land lease, or any combination thereof to expedite the construction of Building #617 in Essex.

(e)  The commissioner of buildings and general services is authorized to spend any funds remaining from the $50,000 appropriated in Sec. 13(b) of No. 52 of the Acts of 2007 for the purpose of negotiating a purchase price and purchasing an option to buy land in Westminster for a new public safety field station to serve southeastern Vermont.  Any option shall be purchased pursuant to 29 V.S.A. § 152(a)(3)(B).  The commissioner may also use these funds to begin the process of obtaining the necessary permits to build the field station.

Sec. 32.  PROPERTY TRANSACTIONS; MISCELLANEOUS

(a)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to sell or lease 900 square feet of state-owned land at the Newport state office building in the town of Newport.  After payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(b)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to subdivide and sell, at fair market value based on an appraisal paid for by the prospective purchaser, a section of state-owned property located on Railroad Row in the town of Hartford.  After payment of any costs and fees associated with the sale, proceeds shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d).

(c)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services is authorized to subdivide and sell, as described in this subsection, the real property commonly referred to as the “Former Tree Farm Property” and associated buildings located in the town and village of Essex.  The property is located on the east side of Old Colchester Road, the northerly part of the property being located in the town of Essex and the southerly part of the property being located in the village of Essex Junction.  Proceeds from the sale or sales, net of all related development, permitting, relocation, and sale costs, shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d).  The commissioner may:

(1)  Negotiate and enter into a sales agreement with the town of Essex, the village of Essex Junction, the Tree Farm Management Group, Inc., or any combination thereof for the sale of the parcel currently subject to a lease agreement between the state of Vermont, the town of Essex, and the village of Essex Junction; provided that the terms of the sale include a covenant restricting use of the land to educational, agricultural, and recreational uses and prohibiting development for housing, commercial, or industrial use.

(2)  Sell the wooded portion of the land on the eastern side, provided that the terms of the sale include a covenant restricting use of the land to educational, agricultural, and recreational uses and prohibiting development for housing, commercial, or industrial use.

(3)  Sell the small parcel in the western corner which contains the barn at fair market value.  However, the commissioner shall first give the town of Essex a right of first refusal on this portion of the land.

(d)  Pursuant to 29 V.S.A. § 166, the commissioner of buildings and general services, with the approval of the secretary of administration, and following a report to the joint fiscal committee on the implications for operating and fee-for-space costs to the department of motor vehicles, shall sell, lease, subdivide, convert into condominiums, or any combination thereof, the Thayer School building located at 1193 North Avenue in Burlington.  After payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(e)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services may sell or lease land, mineral rights, or both, as follows:

(1)  the land and mineral rights are those located at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Council in Pittsford that adjoin land currently operated by Casella Property Management for purposes of gravel excavation and sale;

(2)  the transaction is limited to no more than three acres of land or mineral rights;

(3)  the term of a lease is limited to no more than 10 years;

(4)  the sale or lease price shall be based upon the fair market value of the source mineral rights; and

(5)  after payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(f)  In Sec. 2(a)(7) of No. 62 of the Acts of 2001, the general assembly authorized the commissioner of buildings and general services to renovate or purchase a building within the greater capital area for conversion to a child care center.  The commissioner purchased a building in Middlesex and entered into a lease with North American Playcare, Inc. (Playcare) to operate a child care center.  The general assembly finds the current arrangement with Playcare to be not in the best interests of the state and hereby directs the commissioner to renegotiate a lease with Playcare which will preserve the infant care program within the greater capital area while phasing out the inequities in the current lease agreement.

Sec. 33.  LOCATION OF STATE OFFICES

(a)  Sec. 2(a)(5) of No. 61 of the Acts of 2001 and Sec. 28 of No. 149 of the Acts of the 2001 Adj. Sess. (2002), relating to occupancy of 133 State Street in Montpelier by the secretary of state, are repealed.

(b)  18 V.S.A. § 3(b), relating to the location in Chittenden County of the executive and administrative offices of the department of health, is repealed.


Sec. 34.  3 V.S.A. § 260(b) is amended to read:

(b)  The principal office of each administrative department shall be located at such location as the secretary of the agency of administration determines with the approval of the governor, except that the principal office of the health department shall be in Burlington, and the military department shall be at Camp Johnson.

Sec. 35.  29 V.S.A. § 152(a)(31) and (32) are added to read:

(31)  Receive payments from vendors through the real-time demand response program (DRP).  The commissioner may contract with third‑party brokers or directly with Independent System Operators to generate or to reduce electrical demand or both for state-owned facilities in return for payments to the state which shall be retained by the facilities operations revolving fund established in section 160a of this title.

(32)  Accept funds and other contributions for state house renovations and restorations; educational, interpretive, and curatorial projects; and acquisition of historic furnishings, fixtures, and works of art for projects that pertain to the state house.

Sec. 36.  32 V.S.A. § 701a(c) is added to read:

(c)  The sums appropriated and spending authority authorized by a capital construction act shall be continuing and shall not revert at the end of the fiscal year.

Sec. 37.  EVIDENCE ROOM; STUDY

The commissioner of buildings and general services shall consult with the chair of the preservation of evidence committee created by Sec. 2 of No. 60 of the Acts of 2007 to determine options for construction of an evidence room for the retention of evidence collected in criminal cases.  The commissioner shall recommend a place for the location of an evidence room to the senate committee on institutions and the house committee on corrections and institutions on or before January 15, 2009.

* * * Health and Public Safety Laboratory * * *

Sec. 38.  VERMONT STATE HOSPITAL; CERTIFICATE OF NEED APPLICATIONS

(a)  At least 30 days prior to filing a CON application relating to the Vermont State Hospital, the commissioner of mental health shall submit a complete summary of the application to the chairs and vice chairs of the senate committees on institutions, and on health and welfare, and the house committees on corrections and institutions, and  on human services.  The application may be submitted to the department of banking, insurance, securities, and health care administration after consulting with the chairs and vice chairs of the committees. 

(b)  At the time of or before the filing  a CON application relating to the Vermont state hospital, the commissioner of mental health shall submit a copy of the application to the joint fiscal committee and mental health oversight committee.

(c)  When the commissioner of mental health submits any planning updates relating to the Vermont state hospital, as required by the CON, he or she shall also submit the documents to all members of the senate committee on institutions, senate committee on health and welfare, house committee on corrections and institutions, and house committee on human services. 

* * * Judiciary * * *

Sec. 39.  INVENTORY OF COUNTY COURTHOUSES

(a)  It is the intent of the general assembly to establish a consistent formula for use of a county courthouse by the supreme court, district court, family court, and judicial bureau.  In keeping with this intent, the commissioner of buildings and general services and the court administrator shall conduct an inventory of all county courthouses in the state and report to the senate committee on institutions and the house committees on corrections and institutions on or before January 15, 2009 on the following:

(1)  ownership of each county courthouse;

(2)  the number of state courts occupying space in county courthouses and county courts occupying space in state courthouses;

(3)  existing financial and other agreements between the court administrator and the assistant judges for use of a county courthouse by a state court or use of a state courthouse by a county court; and

(4)  a recommendation for a fee-for-space formula for use of a county courthouse by a state court or use of a state courthouse by a county court.

(b)  It is the intent of the general assembly to continue with the use and operation of each existing county courthouse currently in use.

* * * Building Communities Grants * * *

Sec. 40.  REPEAL

The following are repealed:

(1)  Sec. 35 of No. 43 of the Acts of 2005, relating to a broadband development competitive grant program.

(2)  Sec. 34 of No. 43 of the Acts of 2005, relating to a recreational and educational facilities grant program.

(3)  Sec. 36 of No. 43 of the Acts of 2005, relating to a human services competitive grant program.

Sec. 41.  24 V.S.A. chapter 137 is added to read:

Chapter 137. BUILDING COMMUNITIES GRANTS

§ 5601.  BUILDING COMMUNITIES GRANTS

(a)  The purpose of this chapter is to establish grants to help communities preserve important historic buildings and enhance community facilities.  Therefore, in order to make it easy for communities to apply, the board or department which administers a grant program under this chapter shall work with other administrators of building communities grants to develop a standard application form which:

(1)  describes the application process and includes clear instructions and examples to help applicants complete the form;

(2)  includes an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(3)  includes a summary of each of the other grants, their deadlines, and a statement that no community shall apply for more than one grant under this chapter for the same project in the same calendar year; and

(4)  may include supplements specific to an individual grant.                         

(b)  Each board or department which administers a grants program under this chapter shall establish a selection process which ensures equitable selection of grant recipients; and ensures accountability by grant recipients.

(c)  Before it notifies an applicant of an award under this chapter, the board or department which administers the grant shall provide notice of the award and time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions, and those members of the general assembly who represent the area in which a successful applicant resides.

§ 5602.  HISTORIC PRESERVATION GRANT PROGRAM

There is established an historic preservation grant program which shall be administered by the division for historic preservation in the agency of commerce and community development.  Grants shall be made available to municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis for restoring buildings and structures.

§ 5603.  HISTORIC BARNS PRESERVATION GRANT PROGRAM

There is established an historic barns preservation grant program which shall be administered by the division for historic preservation in the agency of commerce and community development.  Grants shall be made available to municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis for restoring historic barns.

§ 5604.  CULTURAL FACILITIES GRANT PROGRAM

(a)  There is established a cultural facilities competitive grant program to be administered by the Vermont arts council and made available on a one‑for-one matching basis with funds raised from nonstate sources.  No portion of a grant shall be used to pay salaries. 

(b)  Grants shall be awarded on a competitive basis.  In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the state. 

§ 5605.  RECREATIONAL FACILITIES GRANT PROGRAM 

(a)  Creation of program.  There is created a recreational facilities grant program to be the successor to and a continuation of the recreational and educational facilities grant program established in Sec. 34 of No. 43 of the Acts of 2005 to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the development and creation of community recreational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that three dollars have been raised from nonstate sources for every one dollar awarded under this program. 

(b)  Creation of committee.  There is established a recreational facilities grant advisory committee to coordinate and administer the recreational facilities grant program.  The committee shall include the commissioners of forests, parks and recreation and of buildings and general services or the commissioners’ designees; a representative of the Vermont recreation and parks association; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; a representative of the Vermont trails and greenways council; and one citizen member to be appointed by the governor.  The members of the committee shall select a chair.  The citizen member shall serve for a term of two years or until his or her successor is appointed. 

(c)  The department of buildings and general services shall provide administrative support to the program.

§ 5606.  HUMAN SERVICES AND EDUCATIONAL FACILITIES COMPETITIVE GRANT PROGRAM

(a)  Creation of program.  There is created a human services and educational facilities grant program to be the successor to and a continuation of the human services competitive grant program established in Sec. 36 of No. 43 of the Acts of 2005 to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the major maintenance, renovation, or development of facilities for the delivery of human services and health care or for the development of educational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that at least three dollars have been raised from nonstate sources for every dollar awarded under this program. 

(b)  Creation of committee.  There is established a human services and educational facilities grant advisory committee to administer and coordinate the human services and educational facilities grant program.  The committee shall include the secretary of human services or the secretary’s designee; the commissioner of buildings and general services or the commissioner’s designee; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; and three representatives of broad-based community organizations, such as the United Way of Vermont, who shall be selected and appointed by the governor.  The members of the committee shall select a chair.  The members appointed by the governor shall serve for terms of two years or until their successors are appointed.

(c)  The department of buildings and general services shall provide administrative support to the program.

Sec. 42.  REPEAL

Sec. 3 of No. 79 of the Acts of 2007, relating to a broadband development grant program is repealed on June 30, 2009.

* * * Education * * *

Sec. 43.  16 V.S.A. § 3448(a)(5)(B) is amended to read:

(5)  Final approval for construction aid.

* * *

(B)  The state board may approve a final application for a project provided that:

* * *

(v)  the project has otherwise met the requirements of sections

3447–3456 of this title; and

(vi)  if the proposed project includes a playground, the project includes a requirement that the design and construction of playground equipment follow the guidelines set forth in the United States Consumer Product Safety Commission Handbook for Public Playground Safety; and

(vii)  if the total estimated cost of the proposed project is less than $50,000.00, no performance bond or irrevocable letter of credit shall be required.

Sec. 44.  Sec. 63 of No. 149 of the Acts of the 2001 Adj. Sess. (2002) as amended by Sec. 53 of No. 121 of the 2003 Adj. Sess. (2004) and Sec. 50 of No. 147 of the Acts of the2005 Adj. Sess.(2006) is further amended to read:

Sec. 63.  TRANSITIONAL PROVISIONS; CONSTRUCTION AID FOR TECHNICAL CENTERS

* * *

(c)  Notwithstanding any other provision of law, no disbursement of state aid shall be made pursuant to this section until the department of buildings and general services approves the design, construction, and purchase of any new buildings or alterations of existing buildings together with all associated expenditures.  All state construction aid for these projects shall be appropriated to the department of buildings and general services for this purpose. 

Sec. 45.  CONTINUATION OF SUSPENSION OF STATE AID FOR  SCHOOL CONSTRUCTION

(a)  In Sec. 36 of No. 52 of the Acts of 2007, the general assembly suspended state aid for school construction in order to provide time to enable the commissioner of education and the commissioner of finance and management to make recommendations for a sustainable plan for state aid to school construction.  In the absence of a viable plan for funding school construction, the general assembly hereby extends the period of suspension until a plan is developed and adopted.

(b) Notwithstanding subsection (a) of Sec. 36 of No. 52 of the Acts of 2007, if a school district declares its intent to pay for the cost of a school construction project without state aid provided pursuant to chapter 123 of Title 16 and has received voter approval for the project on or after March 7, 2007, then the commissioner of education shall review the project as a preliminary application upon the district’s request.  In this case, the commissioner shall use the standards and processes of chapter 123 for determining preliminary approval, and shall deduct the portion of education spending that is approved from the calculation of excess spending under 32 V.S.A. § 5401(12).  Preliminary approval received pursuant to this subsection is to be used solely for purposes of calculating whether the district has exceeded the excess spending threshold and neither preliminary approval nor the provision of technical assistance indicates that the district will receive state aid for school construction or preliminary approval for that aid when school construction aid is again available.  Notwithstanding subsection (a) of Sec. 36 of No. 52 of the Acts of 2007, upon the request of the district, the department shall provide technical assistance regarding the planning and implementation of school renovation and construction.  

(c)  No year during which state aid for school construction is suspended shall be included within the department’s determination under 24 V.S.A. § 2804(b) of whether amounts deposited in a reserve fund have been used within five years of deposit.

Sec. 46.  BIOMASS PROJECT; RICHFORD

In addition to school construction aid to which it is entitled for its biomass project pursuant to 16 V.S.A. § 3448(a)(7)(B), the commissioner of education shall reimburse the Richford Town School District an additional $35,000 when funds for the project are available.

* * * University of Vermont * * *

Sec. 47.  16 V.S.A. § 2363 is added to read:

§ 2363.  RESERVE FUNDS

(a)  The University of Vermont and State Agricultural College may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of such fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the University of Vermont and State Agricultural College authorizing the issuance thereof; and

(3)  any other moneys that may be made available to the University of Vermont and State Agricultural College for the purpose of such fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal or the purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to the bonds or notes; provided, however, that moneys in any  fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of the fund to less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for the fund as hereafter provided except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by the fund for the payment of which other moneys of the University of Vermont and State Agricultural College are not available.  Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the University of Vermont and State Agricultural College to the extent that it does not reduce the amount of the fund below the requirement for such fund.

(c)  The University of Vermont and State Agricultural College shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of the bonds or notes the amount in the debt service reserve fund will be less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for the fund, unless the University of Vermont and State Agricultural College at the time of issuance of the bonds or notes shall deposit in the fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in the fund, will not be less than the debt service reserve requirement established for the fund.  The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the University of Vermont and State Agricultural College prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then-current or any future fiscal year of the University of Vermont and State Agricultural College, of annual debt service on the bonds and notes of the University of Vermont and State Agricultural College secured or to be secured in whole or in part by the debt service reserve fund.

(d)  In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of the funds shall be invested shall be valued at par if purchased at par or at amortized value, as the term is defined by resolution of the University of Vermont and State Agricultural College, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the University of Vermont and State Agricultural College, there may be appropriated annually and paid to the University of Vermont and State Agricultural College for deposit in each fund the sum as shall be certified by the chair of the board of trustees of the University of Vermont and State Agricultural College to the governor, the president of the senate, and the speaker of the house as is necessary to restore each debt service reserve fund to an amount equal to the debt service reserve requirement for the fund.  The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the University of Vermont and State Agricultural College during the then-current state fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $66,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the University of Vermont and State Agricultural College in contravention of the Constitution of the United States of America.

(f)  The proceeds of any bonds or notes secured by a debt service reserve fund to which state funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the University of Vermont and State Agricultural College.

* * * Vermont State Colleges * * *

Sec. 48.  16 V.S.A. § 2186 is added to read:

§ 2186.  Reserve Funds

(a)  The Vermont State Colleges may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of the fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the Vermont State Colleges authorizing the issuance thereof; and

(3)  any other moneys that may be made available to the Vermont State Colleges for the purpose of the fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal or purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by the fund or of sinking fund payments with respect to the bonds or notes; provided, however, that moneys in any fund shall not be withdrawn therefrom at any time in an amount as would reduce the amount of the fund to less than the debt service reserve requirement established by resolution of the Vermont State Colleges for the fund as hereafter provided except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by the fund for the payment of which other moneys of the Vermont State Colleges are not available.  Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the Vermont State Colleges to the extent that it does not reduce the amount of the fund below the requirement for the fund.

(c)  The Vermont State Colleges shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of the bonds or notes the amount in the debt service reserve fund will be less than the debt service reserve requirement established by resolution of the Vermont State Colleges for the fund, unless the Vermont State Colleges at the time of issuance of the bonds or notes shall deposit in the fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in the fund, will not be less than the debt service reserve requirement established for the fund.  The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the Vermont State Colleges prior to the issuance of any bonds or notes secured in whole or in part by the fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then current or any future fiscal year of the Vermont State Colleges, of annual debt service on the bonds and notes of the Vermont State Colleges secured or to be secured in whole or in part by the debt service reserve fund.

(d)  In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of the funds shall be invested shall be valued at par if purchased at par or at amortized value, as the term is defined by resolution of the Vermont State Colleges, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the Vermont State Colleges, there may be appropriated annually and paid to the Vermont State Colleges for deposit in each fund the sum as shall be certified by the chair of the board of trustees of the Vermont State Colleges to the governor, the president of the senate, and the speaker of the house as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for the fund.  The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the Vermont State Colleges during the then-current state fiscal year.  The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $34,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Vermont State Colleges in contravention of the Constitution of the United States of America.

(f)  The proceeds of any bonds or notes secured by a debt service reserve fund to which state funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the Vermont State Colleges.

* * * Natural Resources * * *

Sec. 49.  FEDERAL ENVIRONMENTAL QUALITY INCENTIVES PROGRAM; MATCHING FUNDS; REALLOCATION

(a)  Currently more than $20,000,000 in Federal Environmental Quality Incentives Program (EQIP) pollution reduction funds are available to Vermont farmers to reduce manure runoff into rivers and streams.  This funding is available if the state can provide $750,000 in state assistance for this purpose.  Therefore, the following funds shall be used to provide the state share:

(1)  $125,000 from funds for stream stabilization grants appropriated under Sec. 11(c)(2) of No. 52 of the Acts of 2007.

(2)  $75,000 from funds for best management practices appropriated under Sec. 15(a) of No. 52 of the Acts of 2007.

(3)  $200,000 from funds for ecosystem restoration and protection appropriated under Sec. 12(c)(1) of this act.

(4)  $250,000 from funds for best management practices appropriated under Sec. 16(1) of this act.

(b)  It is the intent of the general assembly to appropriate the remaining $100,000 of required state matching funds in the appropriations act of 2008 for fiscal year 2009.

Sec. 50.  MUNICIPAL WASTEWATER TREATMENT PLANTS; CONSULTATION

On or before October 1, 2008, the secretary of natural resources shall meet with representatives of any municipality that wishes to evaluate treatment options for the upgrade of its wastewater treatment plant.  As part of the evaluation, the agency of natural resources shall consider alternative options for upgrade of the existing wastewater treatment plant, including tertiary filter options.  The evaluation of alternative options shall include an analysis of the environmental and operational issues and full, life-cycle costs of proposed improvements to the wastewater treatment plant for the purpose of phosphorous removal.  On or before January 15, 2009, the secretary of natural resources shall report to the house and senate committees on natural resources and energy, the house committee on corrections and institutions, and the senate committee on institutions with a summary of the consultations required by this section and a summary of the proposed treatment options for the evaluated wastewater treatment plants.

* * * Military * * *

Sec. 51.  20 V.S.A. § 542 is amended to read:

§ 542.  ACQUISITION, MAINTENANCE AND DISPOSAL OF PROPERTY FOR THE NATIONAL GUARD USE

In the name of the state, the board shall be responsible for the real estate and personal property of the national guard.  The board may acquire or purchase, and maintain and dispose of by sale or otherwise real estate and personal property.  Upon determination by the board that real estate is to be disposed of, the disposal shall be at fair market value, and proceeds shall be allocated to future capital appropriations.

* * * Effective Date * * *

Sec. 52.  EFFECTIVE DATE

This act shall take effect on passage.


                                                                        PHILIP B. SCOTT

                                                                        RICAHRD T. MAZZA

                                                                        JOHN F. CAMPBELL

                                                                 Committee on the part of the Senate

                                                                        ALICE EMMONS

                                                                        LINDA MYERS

                                                                        GAIL FALLAR

                                                                 Committee on the part of the House

Thereupon, Senator MacDonald moved that the Senate refuse to accept and adopt the report of the Committee of Conference and request a second Committee of Conference, which was decided in the negative.

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate

S. 358.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on Senate bill entitled:

An act relating to enhanced drivers licenses.

Was taken up for immediate consideration.

Senator Mazza, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled:

S. 358.  An act relating to enhanced drivers licenses..

Respectfully reports that it has met and considered the same and recommends that the Senate accede to the House proposal of amendment, and that the bill be further amended:

First:  By striking out Sec. 10 [Signage for state and town bridge projects] in its entirety.

Second:  In Sec. 11, by adding a sentence to read: The provisions of  this act are intended to supersede any provisions to the contrary in H. 691 as passed in the 2008 session of the general assembly

                                                                        RICHARD T. MAZZA

                                                                        PHILIP B. SCOTT

                                                                        PETER E. SHUMLIN

                                                                 Committee on the part of the Senate

                                                                        DAVID POTTER

                                                                        SUNNY AUDETTE

                                                                        TIMOTHY CORCORAN

                                                                 Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

Message from the House No. 77

     A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:

Mr. President:

I am directed to inform the Senate the House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on Senate bill of the following title:

S. 168.  An act relating to operating a motor vehicle under the influence of alcohol or drugs.

And has adopted the same on its part.

The House has considered a joint resolution originating in the Senate of the following title:

J.R.S. 60.  Joint resolution requesting the Attorney General of Vermont to initiate legal action on behalf of the state and its citizens to seek reimbursement for the costs of illegal price-fixing, price-gouging, and conspiracy to restrain trade in retail gasoline and diesel fuel.

And has adopted the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested.


Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate

S. 168.

Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on Senate bill entitled:

An act relating to operating a motor vehicle under the influence of alcohol or drugs.

Was taken up for immediate consideration.

Senator Campbell, for the Committee of Conference, submitted the following report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled:

S. 168.  An act relating to operating a motor vehicle under the influence of alcohol or drugs.

Respectfully reports that it has met and considered the same and recommends that the House recede from its proposals of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  23 V.S.A. § 1200 is amended to read:

§ 1200.  DEFINITIONS

As used in this subchapter,:

* * *

(2)  “Drug” means:

(A)  a regulated drug as defined in section 4201 of Title 18; or

(B)  any substance or combination of substances, other than alcohol, which affects the nervous system, brain, or muscles of a person so as to impair, noticeably and appreciably, a person’s ability to drive a vehicle safely.  

* * *


Sec. 2.  LAW ENFORCEMENT ROADSIDE ACCESS TO DEPARTMENT OF CORRECTIONS RECORDS

The department of public safety, the department of corrections, and the department of motor vehicles shall collaborate to develop and implement procedures allowing law enforcement officers roadside access to department of corrections records, including records regarding probation, parole, and conditions of release.  The departments shall make a report to the senate and house committees on judiciary no later than December 15, 2008.

Sec. 3.  ALCOHOL IGNITION INTERLOCKS STUDY:  MULTIPLE DUI AND HIGH-BLOOD-ALCOHOL-CONTENT FIRST OFFENSE DUI

(a)  The Vermont sentencing commission shall study the issue of implementing a system of alcohol ignition interlocks in Vermont for persons with multiple DUI convictions, as well as for first-time DUI offenders with high-blood-alcohol-content levels at the time of arrest.  The commission shall consult with the department of corrections and may consult with any other persons and entities able to assist the study, and shall:

(1)  gather and analyze information about alcohol ignition interlock systems, review current practices regarding use of the systems in other states, and consider how any recommended use of ignition interlock systems should be coordinated with the use of electronic monitoring equipment such as global position monitoring equipment, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment authorized by

Sec. 11 of the Justice Reinvestment Act of 2008;

(2)  study the feasibility of having the costs of alcohol ignition interlock systems be borne by DUI offenders;

(3)  study the net costs of implementing an alcohol ignition interlock system in Vermont, including the availability of federal funding for that purpose;

(4)  study the advisability and feasibility of implementing a system of conditional driver’s licenses in Vermont, and the advisability of lowering the 0.04 blood alcohol limit on commercial driver licenses; and

(5)(A) recommend methods to prohibit a person from permitting a motor vehicle owned or under the person’s control from being operated by another person whom the person permitting the operation knows is:

(i) under the influence of alcohol or drugs, or;

(ii)  legally prohibited from driving because of an alcohol-related offense.

(B)  The recommendation shall include methods to protect persons who permit operation of the vehicle as a result of threat, intimidation, or coercion, or out of a reasonable belief that acting to prohibit operation of the vehicle would result in harm to the person or the person’s family.

(b)  The commission shall report its findings and make recommendations to the senate and house committees on judiciary and the corrections oversight committee no later than December 15, 2008. 

                                                                        JOHN F. CAMPBELL

                                                                        ALICE W. NITKA

                                                                        RICAHRD W. SEARS, JR.

                                                                 Committee on the part of the Senate

                                                                        WILLIAM LIPPERT

                                                                        MAXINE JO GRAD

                                                                        MARGARET FLORY

                                                                 Committee on the part of the House

Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.

Rules Suspended; House Proposal of Amendment; Resolution Ordered to Lie

J.R.S 60.

Pending entry on the