| BILL AS PASSED BY HOUSE | 2005-2006 |
H.881
AN ACT RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT
It is hereby enacted by the General Assembly of the State of Vermont:
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2007 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2007. 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, 2006. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2007 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 3. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2007.
(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, 2007.
(d) The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.
Sec. 4. DEFINITIONS
(a) For the purposes of this act:
(1) “Encumbrances” means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) “Grants” means subsidies, aid, or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.
(3) “Operating expenses” means property management, repair and maintenance, rental expenses, insurance, postage, travel, energy, and utilities, office and other supplies, equipment including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.
(4) “Personal services” means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.
Sec. 5. Secretary of administration - secretary’s office
Personal services 471,572
Operating expenses 43,505
Grants 400,000
Total 915,077
Source of funds
General fund 915,077
(a) Of the above appropriation, $400,000 is for grants to the 11 existing regional marketing programs (RMP). These grants and additional grants from funds appropriated in this act for regional marketing activities shall continue to be calculated by the existing formula. Upon completion and approval of the grant application and plan, an RMP shall submit appropriately documented expenses, consistent with the approved plan, to the state for reimbursement. Reimbursement shall be made only for the following marketing activities (in no specific order): regional websites, consumer/trade shows, packages/itineraries, regional publications and guides, toll‑free phone lines and fulfillment, public relations, advertising, familiarization tours, welcome center promotion, joint projects, and administration. Unused funds remaining at the end of the current fiscal year shall carry forward to the subsequent fiscal year.
Sec. 6. Information and innovation - communications and information technology
Personal services 4,516,891
Operating expenses 792,925
Total 5,309,816
Source of funds
Internal service funds 5,309,816
Sec. 7. Finance and management - budget and management
Personal services 915,648
Operating expenses 298,559
Total 1,214,207
Source of funds
General fund 1,104,189
Interdepartmental transfer 110,018
Total 1,214,207
Sec. 8. Finance and management - financial operations
Personal services 2,385,354
Operating expenses 1,038,142
Total 3,423,496
Source of funds
Special funds 74,272
Internal service funds 3,349,224
Total 3,423,496
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $4,307,124, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, are hereby approved. Of this amount, $957,900, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, will be used to support the HCM system that is operated by the department of human resources information technology division.
Sec. 9. Human resources - operations
Personal services 1,911,699
Operating expenses 394,909
Total 2,306,608
Source of funds
General fund 2,000,588
Interdepartmental transfer 306,020
Total 2,306,608
Sec. 10. Human resources - HR workforce planning & employment services
Personal services 811,726
Operating expenses 386,881
Total 1,198,607
Source of funds
General fund 908,107
Special funds 290,500
Total 1,198,607
Sec. 11. Human resources - information technology
Personal services 540,918
Operating expenses 416,982
Total 957,900
Source of funds
Internal service funds 957,900
Sec. 12. Human resources - employee benefits & wellness
Personal services 1,380,362
Operating expenses 367,086
Total 1,747,448
Source of funds
Internal service funds 1,747,448
Sec. 13. Libraries
Personal services 1,976,553
Operating expenses 1,653,154
Grants 70,000
Total 3,699,707
Source of funds
General fund 2,546,703
Special funds 219,026
Federal funds 835,496
Interdepartmental transfer 98,482
Total 3,699,707
Sec. 14. Taxes - administration/collection
Personal services 11,814,733
Operating expenses 2,908,679
Total 14,723,412
Source of funds
General fund 13,896,222
Special funds 574,190
Tobacco fund 58,000
Interdepartmental transfer 195,000
Total 14,723,412
Sec. 15. DEPARTMENT OF TAXES/REVENUE DEPARTMENT STUDY
(a) The secretary of administration shall study the potential for the conversion of the department of taxes into a department of revenue. Said department of revenue would be designed to consolidate revenue collection functions.
(b) A feasibility report including issues to be considered and, if found feasible, a proposed implementation time line as to the consolidation of revenue collection functions shall be submitted to the house and senate committees on government operations, appropriations, finance, and ways and means on or before January 15, 2007.
Sec. 16. Buildings and general services - administration
Personal services 1,812,900
Operating expenses 316,900
Total 2,129,800
Source of funds
Interdepartmental transfer 2,129,800
Sec. 17. Buildings and general services - engineering
Personal services 1,887,000
Operating expenses 418,700
Total 2,305,700
Source of funds
General fund 2,260,700
Interdepartmental transfer 45,000
Total 2,305,700
(a) The amount of $50,000 in general funds that is carried forward in this appropriation from fiscal year 2006 shall revert to the general fund in fiscal year 2007.
Sec. 18. Buildings and general services - information centers
Personal services 3,471,792
Operating expenses 1,282,500
Grants 45,000
Total 4,799,292
Source of funds
Transportation fund 4,799,292
Sec. 19. Buildings and general services - purchasing
Personal services 718,800
Operating expenses 126,476
Total 845,276
Source of funds
General fund 845,276
Sec. 20. Buildings and general services - public records
Personal services 801,904
Operating expenses 673,800
Total 1,475,704
Source of funds
General fund 1,164,444
Special funds 311,260
Total 1,475,704
Sec. 21. Buildings and general services - postal services
Personal services 632,900
Operating expenses 197,300
Total 830,200
Source of funds
General fund 20,000
Internal service funds 810,200
Total 830,200
Sec. 22. Buildings and general services - copy center
Personal services 756,100
Operating expenses 180,500
Total 936,600
Source of funds
Internal service funds 936,600
Sec. 23. Buildings and general services - fleet management services
Personal services 481,500
Operating expenses 159,300
Total 640,800
Source of funds
Internal service funds 640,800
Sec. 24. Buildings and general services - federal surplus property
Personal services 62,100
Operating expenses 65,500
Total 127,600
Source of funds
Enterprise funds 127,600
Sec. 25. Buildings and general services - state surplus property
Personal services 58,900
Operating expenses 62,600
Total 121,500
Source of funds
Internal service funds 121,500
Sec. 26. Buildings and general services - property management
Personal services 1,301,000
Operating expenses 2,844,300
Total 4,145,300
Source of funds
Internal service funds 4,145,300
Sec. 27. Buildings and general services - workers’ compensation insurance
Personal services 1,152,800
Operating expenses 428,700
Total 1,581,500
Source of funds
Internal service funds 1,581,500
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges not to exceed $8,285,299 are hereby approved.
Sec. 28. Buildings and general services - all other insurance
Personal services 75,700
Operating expenses 37,400
Total 113,100
Source of funds
Internal service funds 113,100
Sec. 29. Buildings and general services - general liability insurance
Personal services 267,600
Operating expenses 77,300
Total 344,900
Source of funds
Internal service funds 344,900
Sec. 30. Buildings and general services - fee for space
Personal services 10,529,817
Operating expenses 10,548,400
Total 21,078,217
Source of funds
Internal service funds 21,078,217
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $21,328,216, plus the costs of fiscal year 2007 salary increases bargained as part of the state/VSEA agreement, are hereby approved.
Sec. 31. Geographic information system
Grants 411,685
Source of funds
Special funds 411,685
Sec. 32. Executive office - governor’s office
Personal services 1,235,847
Operating expenses 358,744
Total 1,594,591
Source of funds
General fund 1,433,591
Interdepartmental transfer 161,000
Total 1,594,591
Sec. 33. Executive office - national and community service
Personal services 199,571
Operating expenses 131,957
Grants 1,715,533
Total 2,047,061
Source of funds
General fund 56,528
Federal funds 1,990,533
Total 2,047,061
Sec. 34. Legislative council
Personal services 1,782,976
Operating expenses 145,113
Total 1,928,089
Source of funds
General fund 1,928,089
Sec. 35. Legislature
Personal services 3,600,129
Operating expenses 2,036,909
Total 5,637,038
Source of funds
General fund 5,637,038
Sec. 36. Legislative information technology
Personal services 332,187
Operating expenses 243,071
Total 575,258
Source of funds
General fund 575,258
Sec. 37. Joint fiscal committee
Personal services 1,101,796
Operating expenses 87,831
Total 1,189,627
Source of funds
General fund 1,189,627
Sec. 38. Sergeant at arms
Personal services 468,625
Operating expenses 60,947
Total 529,572
Source of funds
General fund 529,572
Sec. 39. Lieutenant governor
Personal services 127,360
Operating expenses 19,658
Total 147,018
Source of funds
General fund 147,018
Sec. 40. Auditor of accounts
Personal services 2,056,162
Operating expenses 122,054
Total 2,178,216
Source of funds
General fund 521,987
Special funds 54,431
Internal service funds 1,601,798
Total 2,178,216
Sec. 41. State treasurer
Personal services 2,131,671
Operating expenses 344,005
Grants 10,000
Total 2,485,676
Source of funds
General fund 1,028,843
Special funds 1,315,253
Private purpose trust fund 141,580
Total 2,485,676
(a) Of the above general fund appropriation, $10,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541.
Sec. 42. State treasurer - unclaimed property
Personal services 586,261
Operating expenses 299,282
Total 885,543
Source of funds
Private purpose trust fund 885,543
Sec. 43. Vermont state retirement system
Personal services 21,760,779
Operating expenses 654,141
Total 22,414,920
Source of funds
Pension trust funds 22,414,920
Sec. 44. Municipal employees’ retirement system
Personal services 1,687,216
Operating expenses 336,988
Total 2,024,204
Source of funds
Pension trust funds 2,024,204
Sec. 45. State labor relations board
Personal services 161,308
Operating expenses 38,801
Total 200,109
Source of funds
General fund 194,239
Special funds 5,870
Total 200,109
Sec. 46. VOSHA review board
Personal services 32,015
Operating expenses 8,523
Total 40,538
Source of funds
General fund 20,269
Federal funds 20,269
Total 40,538
Sec. 47. Use tax reimbursement fund - municipal current use
Grants 8,113,944
Source of funds
General fund 8,113,944
Sec. 48. Lottery commission
Personal services 1,337,891
Operating expenses 1,057,287
Total 2,395,178
Source of funds
Enterprise funds 2,395,178
(a) The lottery commission shall transfer $130,000 to the department of health, office of alcohol and drug abuse programs to support the gambling addiction program.
Sec. 49. Payments in lieu of taxes
Grants 3,100,000
Source of funds
General fund 600,000
Special funds 2,500,000
Total 3,100,000
(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.
Sec. 50. VENDOR AND OTHER DEPOSITS AGENCY FUND
(a) At the close of fiscal year 2006, funds in the vendor and other deposits agency fund, retained pursuant to 24 V.S.A. § 138(d), shall be distributed as follows: 70 percent to the municipalities that have enacted local option taxes pursuant to 24 V.S.A. § 138 in the same proportion as local option revenues were collected from such municipalities; and the remainder as a supplemental payment to recipients of PILOT payments proportionately consistent with the fiscal year 2006 distribution.
Sec. 51. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
General fund 184,000
Sec. 52. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
General fund 40,000
Sec. 53. Total general government 135,094,034
Source of funds
General fund 47,861,309
Transportation fund 4,799,292
Special funds 5,756,487
Tobacco fund 58,000
Federal funds 2,846,298
Enterprise funds 2,522,778
Internal service funds 42,738,303
Pension trust funds 24,439,124
Private purpose trust funds 1,027,123
Interdepartmental transfer 3,045,320
Total 135,094,034
Sec. 54. Protection to persons and property - attorney general
Personal services 6,897,601
Operating expenses 932,612
Total 7,830,213
Source of funds
General fund 3,269,648
Special funds 2,175,000
Tobacco fund 290,000
Federal funds 682,000
Interdepartmental transfer 1,413,565
Total 7,830,213
(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.
Sec. 55. REPEAL
(a) 3 V.S.A. § 251 (bonded officials) is repealed.
Sec. 56. Vermont court diversion
Grants 1,604,534
Source of funds
General fund 1,204,534
Special funds 400,000
Total 1,604,534
Sec. 57. Defender general - public defense
Personal services 6,028,333
Operating expenses 671,119
Total 6,699,452
Source of funds
General fund 6,082,144
Special funds 502,502
Interdepartmental transfer 114,806
Total 6,699,452
Sec. 58. Defender general - assigned counsel
Personal services 2,862,918
Operating expenses 62,552
Total 2,925,470
Source of funds
General fund 2,825,470
Special funds 100,000
Total 2,925,470
Sec. 59. Judiciary
Personal services 25,853,612
Operating expenses 7,150,842
Total 33,004,454
Source of funds
General fund 29,639,189
Special funds 782,335
Tobacco fund 40,000
Federal funds 421,930
Interdepartmental transfer 2,121,000
Total 33,004,454
(a) The establishment of one (1) new limited service position - Project Manager - is authorized in fiscal year 2007.
(b) The establishment of eight (8) new limited service positions - Court Security Officer - is authorized in fiscal year 2007.
(c) The establishment of one (1) new permanent position - Financial Specialist - is authorized in fiscal year 2007.
Sec. 60. 4 V.S.A. § 908 is added to read;
§ 908. ATTORNEYS’ ADMISSION, LICENSING AND PROFESSIONAL
RESPONSIBILITY SPECIAL FUND
(a) There is established the attorneys’ admission, licensing and professional responsibility special fund which shall be managed in accordance with subchapter 5 of chapter 7 of Title 32. Fees collected for licensing of attorneys, administration of the bar examination, admitting attorneys to practice in Vermont, and administration of mandatory continuing legal education shall be deposited and credited to this fund. This fund shall be available to the judicial branch to offset the cost of operating the professional responsibility board, the board of bar examiners, the judicial conduct board, the committee on character and fitness, the mandatory continuing legal education program for attorneys and, at the discretion of the supreme court, to make grants to the Vermont bar foundation to be used to support legal services for the disadvantaged.
Sec. 61. State’s attorneys
Personal services 8,162,260
Operating expenses 1,174,969
Total 9,337,229
Source of funds
General fund 7,467,231
Special funds 100,578
Federal funds 25,000
Interdepartmental transfer 1,744,420
Total 9,337,229
(a) The amount of $147,912 in general funds that is carried forward in this appropriation from fiscal year 2005, shall revert to the general fund in fiscal year 2006.
Sec. 62. Sheriffs
Personal services 2,780,590
Operating expenses 309,244
Total 3,089,834
Source of funds
General fund 3,089,834
(a) Of the above appropriation, $15,000 shall be transferred to the state’s attorneys’ office as reimbursement for the cost of the executive director’s salary.
Sec. 63. Public safety - administration
Personal services 1,671,312
Operating expenses 162,943
Total 1,834,255
Source of funds
General fund 1,834,255
(a) The amount of $50,000 in general funds that were appropriated in Sec. 85(e) of No. 122 of the Acts of the 2003 Adj. Sess. (2004) and amended by Sec. 12 of No. 6 of the Acts of 2005 shall revert to the general fund in fiscal year 2006.
Sec. 64. Public safety - homeland security
Personal services 1,517,922
Operating expenses 4,504,102
Grants 14,838,700
Total 20,860,724
Source of funds
General fund 435,157
Special funds 7,400
Federal funds 20,417,717
Interdepartmental transfer 450
Total 20,860,724
(a) Up to $5,000,000 in federal homeland security grant funds from the above appropriation may be used for planning, management, and initial development of the Vermont communications (VCOMM) statewide public safety communications system. If additional homeland security grant funds become available, up to $5,000,000 of these funds may be used for this purpose in fiscal year 2007. These funds shall be used to establish a statewide VCALL/UCALL interoperable network, as approved by the VCOMM board and authorized by executive order of the governor.
(b) The commissioner shall report on the status and use of these federal homeland security grant funds to the joint fiscal committee at its September 2006 meeting and to the house and senate committees on government operations and appropriations by January 15, 2007.
Sec. 65. Public safety - state police
Personal services 37,651,431
Operating expenses 5,707,781
Grants 1,635,950
Total 44,995,162
Source of funds
General fund 3,157,383
Transportation fund 33,834,555
Special funds 3,293,766
Federal funds 4,156,802
Interdepartmental transfer 552,656
Total 44,995,162
(a) Of the above appropriation, $35,000 in special funds shall be available for snowmobile law enforcement activities and $35,000 in general funds shall be available to the southern Vermont wilderness search and rescue team, which comprises state police, the department of fish and wildlife, county sheriffs, and local law enforcement personnel in Bennington, Windham, and Windsor counties for snowmobile enforcement.
(b) Of the $230,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers. These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts. The remaining $40,000 shall remain as a “pool” of money available to local and county law enforcement to fund overtime costs associated with heroin investigations. Any unexpended funds from prior fiscal years shall be carried forward.
Sec. 66. Public safety - criminal justice services
Personal services 5,925,379
Operating expenses 2,404,337
Grants 2,182,500
Total 10,512,216
Source of funds
General fund 760,000
Transportation fund 4,323,039
Special funds 1,322,337
Federal funds 3,678,817
Interdepartmental transfer 428,023
Total 10,512,216
Sec. 67. Public safety - emergency management
Personal services 1,301,165
Operating expenses 459,748
Grants 721,050
Total 2,481,963
Source of funds
Transportation fund 63,969
Special funds 97,957
Federal funds 2,320,037
Total 2,481,963
Sec. 68. Public safety - emergency management - radiological emergency response plan
Personal services 667,284
Operating expenses 239,640
Grants 453,516
Total 1,360,440
Source of funds
Special funds 1,360,440
(a) In fiscal year 2007, the division of emergency management in collaboration with the state agencies, the management of the nuclear power plant, the selectboards of the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality defined by the state as required to support the radiological emergency response plan shall develop the budget for expenditures from the radiological emergency response plan fund for fiscal year 2008 following the provisions of 20 V.S.A. § 38(a). From the fund, each town within the emergency planning zone shall receive an annual base payment of no less than $5,000 for radiological emergency response‑related expenditures. Additional expenditures by the municipalities in the emergency planning zone, the Windham regional planning commission, and any other municipality or EPZ entity defined by the state as required to support the plan shall be determined during the budgeting process established by this section.
(b) Of the above special fund appropriation, up to $30,000 shall be available to contract with any radio station serving the emergency planning zone for the emergency alert system.
Sec. 69. Public safety - fire safety
Personal services 3,743,689
Operating expenses 929,794
Grants 48,000
Total 4,721,483
Source of funds
General fund 713,652
Special funds 3,738,363
Federal funds 91,068
Interdepartmental transfer 178,400
Total 4,721,483
(a) Of the above general fund appropriation, $50,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.
Sec. 70. Military - administration
Personal services 475,193
Operating expenses 151,271
Grants 200,000
Total 826,464
Source of funds
General fund 826,464
(a) Of the above appropriation, an amount not to exceed $200,000 shall be disbursed to the Vermont student assistance corporation to replenish the amount available for the national guard scholarship program established in 16 V.S.A. § 2856 to a level of $200,000. At the end of fiscal year 2007, any part of the $200,000 appropriation not transferred to the Vermont student assistance corporation shall revert to the general fund.
(b) Total disbursements by the Vermont student assistance corporation under 16 V.S.A. § 2856 shall not exceed $200,000 in fiscal year 2007.
Sec. 71. Military - air service contract
Personal services 4,015,783
Operating expenses 875,237
Total 4,891,020
Source of funds
General fund 339,579
Federal funds 4,551,441
Total 4,891,020
Sec. 72. Military - army service contract
Personal services 3,361,860
Operating expenses 5,780,134
Total 9,141,994
Source of funds
General fund 110,625
Federal funds 9,031,369
Total 9,141,994
Sec. 73. Military - building maintenance
Personal services 915,455
Operating expenses 441,925
Total 1,357,380
Source of funds
General fund 1,357,380
Sec. 74. Military - veterans’ affairs
Personal services 265,466
Operating expenses 107,315
Grants 172,815
Total 545,596
Source of funds
General fund 545,596
(a) Of the above appropriation, $15,000 shall be used for continuation of the Vermont medal program, $10,000 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. 75. Center for crime victims services
Personal services 1,159,459
Operating expenses 287,068
Grants 8,183,201
Total 9,629,728
Source of funds
General fund 1,125,253
Special funds 4,420,155
Federal funds 4,021,120
Interdepartmental transfer 63,200
Total 9,629,728
(a) The center for crime victims services shall review the allocation of the victims advocates to address the current imbalance in caseload. This review shall consider the number of hours worked by each advocate and the caseload of each advocate. The director shall report the findings of this review to the house and senate committees on appropriations during testimony on the fiscal year 2008 budget.
Sec. 76. Criminal justice training council
Personal services 1,007,217
Operating expenses 800,611
Total 1,807,828
Source of funds
General fund 1,171,978
Special funds 505,452
Interdepartmental transfer 130,398
Total 1,807,828
Sec. 77. Agriculture, food and markets - administration
Personal services 855,670
Operating expenses 446,851
Grants 357,114
Total 1,659,635
Source of funds
General fund 1,403,539
Special funds 118,940
Federal funds 78,543
Interdepartmental transfer 58,613
Total 1,659,635
Sec. 78. Agriculture, food and markets - food safety and consumer protection
Personal services 2,558,439
Operating expenses 271,787
Grants 2,801,492
Total 5,631,718
Source of funds
General fund 1,484,221
Special funds 3,513,447
Federal funds 627,050
Interdepartmental transfer 7,000
Total 5,631,718
Sec. 79. Agriculture, food and markets - agricultural development
Personal services 826,041
Operating expenses 504,152
Grants 1,564,421
Total 2,894,614
Source of funds
General fund 613,420
Special funds 1,871,703
Federal funds 409,491
Total 2,894,614
Sec. 80. Agriculture, food and markets - laboratories, agricultural resource management, and environmental stewardship
Personal services 3,079,164
Operating expenses 504,576
Grants 601,000
Total 4,184,740
Source of funds
General fund 1,960,149
Special funds 1,488,583
Federal funds 471,118
Interdepartmental transfer 264,890
Total 4,184,740
Sec. 81. Agriculture, food and markets - state stipend
Grants 175,000
Source of funds
General fund 175,000
Sec. 82. Agriculture, food and markets - mosquito control
Personal services 20,000
Operating expenses 70,000
Total 90,000
Source of funds
Special funds 90,000
Sec. 83. Banking, insurance, securities, and health care administration - banking
Personal services 1,133,430
Operating expenses 280,645
Total 1,414,075
Source of funds
Special funds 1,414,075
(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2007, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 84. Banking, insurance, securities, and health care administration - insurance
Personal services 2,918,926
Operating expenses 518,400
Total 3,437,326
Source of funds
Special funds 3,437,326
Sec. 85. Banking, insurance, securities, and health care administration –
captive
Personal services 2,785,349
Operating expenses 438,260
Total 3,223,609
Source of funds
Special funds 3,223,609
Sec. 86. Banking, insurance, securities, and health care administration - securities
Personal services 524,668
Operating expenses 133,050
Total 657,718
Source of funds
Special funds 657,718
Sec. 87. Banking, insurance, securities, and health care administration - health care administration
Personal services 4,641,080
Operating expenses 379,818
Total 5,020,898
Source of funds
General fund 790,000
Special funds 2,423,717
Global Commitment fund 1,737,181
Interdepartmental transfer 70,000
Total 5,020,898
(a) Of the above appropriation, $700,000, consisting of $395,000 in general funds, $105,000 in Global Commitment funds, and $200,000 in special funds, is for a continuation of the project conducted by the Vermont information technology leaders (VITL), as referred to in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of the 2005 Adj. Sess. (2006). Availability of the $700,000 funds is contingent on the secretary of administration’s approval of a plan submitted by VITL to coordinate VITL’s activities with “the Vermont blueprint for health chronic care initiative” and other health care‑related statewide information technology projects. Availability of the $700,000 shall also be contingent on the delivery by VITL of a sustainable business plan to the secretary of administration and the general assembly; and a commitment by VITL to use “best efforts” to secure a nonstate match for the funds. If at any time VITL no longer demonstrates the ability to deliver the work described in 18 V.S.A. § 9417, the state shall have the right to assume ownership of all licenses, intellectual property, and work product of VITL developed for the state pursuant to section 9417 or otherwise. The $700,000 in this section shall not be available until the funding in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of the 2005 Adj. Sess. (2006), has been fully expended.
Sec. 88. Banking, insurance, securities, and health care administration - administration
Personal services 1,059,213
Operating expenses 51,417
Total 1,110,630
Source of funds
Special funds 1,110,630
Sec. 89. Secretary of state
Personal services 4,040,135
Operating expenses 1,341,443
Grants 1,200,000
Total 6,581,578
Source of funds
General fund 586,693
Special funds 3,919,885
Federal funds 2,000,000
Interdepartmental transfer 75,000
Total 6,581,578
(a) The corporation division of the secretary of state’s office represents $480,889 of the above special fund appropriation, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).
(b) Notwithstanding any other provision of law, in fiscal year 2006, the amount of $220,000 shall be transferred to the general fund from the Vermont campaign fund established in 17 V.S.A. § 2856.
(c) Notwithstanding 17 V.S.A. § 2855(a), in fiscal year 2007, the secretary of state may make public finance grants to qualified candidates from the Vermont campaign fund in anticipation of receipts coming into the fund.
Sec. 90. Public service - regulation and energy
Personal services 4,547,379
Operating expenses 674,884
Grants 800,000
Total 6,022,263
Source of funds
Special funds 4,829,463
Federal funds 1,157,800
Interdepartmental transfer 35,000
Total 6,022,263
Sec. 90a. PUBLIC SERVICE DEPARTMENT APPROPRIATION
(a) The sum of $1,000,000.00 is appropriated during fiscal year 2006 from the clean energy development fund established under 10 V.S.A. § 6523 to the public service department, as funds are available, for purposes established under that section. Funds allocated during fiscal year 2006 may be expended without convening the clean energy fund’s advisory board. The sum of $2,400,000.00 is appropriated during fiscal year 2007 from the clean energy development fund to the public service department for purposes established under that section. Of this amount, up to five percent is appropriated to the public service department for administrative costs related to the clean energy development fund.
(b) This section shall take effect upon passage.
Sec. 91. Public service - purchase and sale of power
Personal services 11,886
Operating expenses 1,516
Total 13,402
Source of funds
Special funds 13,402
Sec. 92. Public service board
Personal services 2,447,097
Operating expenses 310,000
Total 2,757,097
Source of funds
Special funds 2,757,097
Sec. 93. Enhanced 9-1-1 board
Personal services 2,106,208
Operating expenses 371,986
Total 2,478,194
Source of funds
Special funds 2,478,194
Sec. 94. Vermont racing commission
Operating expenses 1,000
Source of funds
General fund 1,000
Sec. 95. Human rights commission
Personal services 379,094
Operating expenses 78,912
Total 458,006
Source of funds
General fund 288,006
Federal funds 170,000
Total 458,006
Sec. 96. Liquor control - enforcement and licensing
Personal services 1,616,703
Operating expenses 334,752
Total 1,951,455
Source of funds
Tobacco fund 289,768
Enterprise funds 1,661,687
Total 1,951,455
Sec. 97. Liquor control - administration
Personal services 1,304,489
Operating expenses 370,241
Total 1,674,730
Source of funds
Enterprise funds 1,674,730
Sec. 98. Liquor control - warehousing and distribution
Personal services 872,289
Operating expenses 343,527
Total 1,215,816
Source of funds
Enterprise funds 1,215,816
Sec. 99. Total protection to persons and property 232,110,943
Source of funds
General fund 73,257,400
Transportation fund 38,221,563
Special funds 51,854,074
Tobacco fund 619,768
Global Commitment funds 1,737,181
Federal funds 54,311,303
Enterprise funds 4,552,233
Interdepartmental transfer 7,557,421
Total 232,110,943
Sec. 100. Human services - agency of human services - secretary’s office
Personal services 6,522,771
Operating expenses 2,220,100
Grants 4,528,108
Total 13,270,979
Source of funds
General fund 3,726,910
Special funds 7,517
Tobacco fund 564,021
Federal funds 4,770,606
Interdepartmental transfer 4,201,925
Total 13,270,979
(a) Notwithstanding any other provisions of law, workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services or who utilize a qualified intermediary service organization providing services on behalf of the state shall not be considered state employees, except for purposes of 21 V.S.A. chapter 17.
(b) Notwithstanding any other provisions of law, the state may provide workers’ compensation coverage to workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services, and the state shall not be considered their employer. The state may also either permit a qualified intermediary service organization to purchase group insurance policies for persons served by their organization or deem such persons to be members of an association and eligible for self‑insurance under 21 V.S.A. § 687a for purposes of providing workers’ compensation. This provision is intended solely to reduce costs of providing workers’ compensation and shall not be considered for any other purpose.
(c) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” and costs related to juvenile justice as outlined in this section to the departments in the agency of human services designated to provide these services.
(d) Of the above tobacco settlement funds, $49,000 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring program for youth.
(e) Of the above tobacco fund appropriation, $100,000 shall be used for a grant to Lamoille County people in partnership for wrap-around services for at‑risk youth.
(f) Of the above tobacco fund appropriation, $100,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 for safe housing provisions for at-risk youth.
(g) Of the above tobacco fund appropriation, $200,000 along with available matching federal funds shall be available for services required for petitions filed by the agency under 33 V.S.A. § 5517(e).
(h) The administration and the Vermont council of developmental and mental health services have agreed that in state fiscal year 2008, a 7.5‑percent state funding increase will be recommended for the designated agencies. The agency of human services and Vermont council of developmental and mental health services will work collaboratively with consumers, families, and advocates to make a recommendation as to how this increase will be allocated.
Sec. 101. Secretary’s office - Global Commitment
Grants 788,357,850
Source of funds
General fund 116,951,586
Special funds 13,011,162
Tobacco fund 19,299,711
Global Commitment fund 0
State health care resources fund 151,803,088
Federal funds 485,013,100
Interdepartmental transfer 2,279,203
Total 788,357,850
(a) The agency of human services shall use the funds appropriated in this section for payment of the actuarially certified premium required under the intergovernmental agreement between the agency of human services and the managed care organization in the office of Vermont health access as provided for in the Global Commitment to health waiver (“Global Commitment”) approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.
(b) In addition to the state funds appropriated in this section, a total estimated sum of $35,594,773 is anticipated to be certified as state matching funds under the Global Commitment as follows:
(1) $19,536,735 certified state match available from local education agencies. This amount combined with $27,665,633 of federal funds appropriated in this section equals a total estimated expenditure of $47,202,368 for eligible special education school‑based Medicaid services under the Global Commitment.
(2) $1,497,110 certified state match available from local education agencies for eligible services under the Global Commitment provided to students under Section 504 of the Rehabilitation Act of 1973.
(3) $7,459,137 certified state match available from local education agencies for eligible services under the Global Commitment provided to students through school‑based health services, including school nurses.
(4) $4,215,210 certified state match available from local education agencies for eligible services provided to students in the success beyond six programs.
(5) $1,847,186 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.
(6) $1,039,395 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.
Sec. 102. Rate setting
Personal services 685,795
Operating expenses 92,395
Total 778,190
Source of funds
Interdepartmental transfer 778,190
Sec. 103. Developmental disabilities council
Personal services 139,974
Operating expenses 33,310
Grants 315,000
Total 488,284
Source of funds
Federal funds 488,284
Sec. 104. Human services board
Personal services 290,456
Operating expenses 50,457
Total 340,913
Source of funds
General fund 50,247
Federal funds 11,280
Interdepartmental transfer 279,386
Total 340,913
Sec. 105. Office of Vermont health access - administration
Personal services 26,611,976
Operating expenses 918,014
Total 27,529,990
Source of funds
Global Commitment fund 27,167,196
Interdepartmental transfer 362,794
Total 27,529,990
Sec. 106. MEDICAID TRANSPORTATION SPECIAL CONTRACTS
(a) The agency of human services may contract with a public or private entity to provide transportation related to school-based health or dental clinic services for children enrolled in Medicaid or Dr. Dynasaur.
Sec. 107. Office of Vermont health access - Medicaid program - Global Commitment
Grants 384,724,569
Source of funds
Global Commitment fund 384,724,569
Sec. 108. DENTAL CAP ON ADULT SERVICES
(a) The dental cap on adult services in the Medicaid program shall be $475 in fiscal year 2007.
Sec. 109. Office of Vermont health access - Medicaid program – long‑term care waiver
Grants 172,317,361
Source of funds
General fund 70,960,289
Federal funds 101,357,072
Total 172,317,361
Sec. 110. Office of Vermont health access - Medicaid matched nonwaiver expenses
Grants 61,194,552
Source of funds
General fund 24,589,781
Federal funds 36,604,771
Total 61,194,552
Sec. 111. Office of Vermont health access - Medicaid program - state only
Grants 29,621,923
Source of funds
General fund 28,437,916
Global Commitment fund 1,184,007
Total 29,621,923
Sec. 112. MEDICAID DEFICIT AND REIMBURSEMENT STUDY
(a) The health access oversight committee shall study options for and develop a plan to eliminate the Medicaid deficit. The committee may appoint a subcommittee from its members to collect information, hear testimony, and make recommendations to the full committee. The committee shall consider:
(1) opportunities in the Global Commitment waiver;
(2) methods to streamline administration and regulation in Medicaid, the Vermont health access plan, and Dr. Dynasaur;
(3) the fastest growing expenses in the programs and determine whether there are efficiencies or other methods available to control costs; and
(4) other strategies for reducing the deficit.
(b) The health access oversight committee or the subcommittee appointed under subsection (a) of this section shall study the reimbursement rates paid by Medicaid, the Vermont health access plan, and Dr. Dynasaur and the effects of the rates on Vermont’s health care system.
(c) The office of Vermont health access shall present analysis and information as requested by the committee or subcommittee. The committee and subcommittee shall have staff support from the legislative council and the joint fiscal office.
(d) The committee shall report on the studies under this section to the general assembly no later than January 15, 2007.
Sec. 113. TRANSFERS FROM THE CATAMOUNT FUND
(a) Notwithstanding any transfers authorized by H.861 of the Acts of the 2005 Adj. Sess. (2006) [An Act Relating to Health Care Affordability for Vermonters] or by this act, no monies shall be transferred from the catamount fund established in section 2027 of Title 33 to the state health care resources fund established in section 1901d of Title 33 until after the Medicaid deficit report required by Sec. 112 of this act has been received by the general assembly.
Sec. 114. Sec. 21(b) of H.861 of 2006 is amended to read:
(b) For fiscal year 2007, the
sum of $82,360.00 general funds and $117,640.00 federal funds is appropriated
to the secretary of human services for Global Commitment and the sum of
$200,000.00 is appropriated from the general Global Commitment
fund to the office of Vermont health access for the incentive grants for
the hospital service area payment pilot projects under Sec. 9 of this act.
Sec. 115. Health - administration and support
Personal services 8,309,240
Operating expenses 2,729,245
Grants 721,000
Total 11,759,485
Source of funds
General fund 1,537,984
Special funds 24,525
Global Commitment fund 4,675,158
Federal funds 5,517,818
Interdepartmental transfer 4,000
Total 11,759,485
Sec. 116. 18 V.S.A. § 117 is added to read:
§ 117. CHRONIC FATIGUE SYNDROME
(a) The commissioner of health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome (CFIDS), to persons with chronic fatigue syndrome, health care providers, and the public.
(b) The department shall work in collaboration with the Vermont CFIDS Association, Inc. and health care providers with expertise in chronic fatigue syndrome to prepare an informational packet about the clinical significance, diagnosis, and treatment of chronic fatigue syndrome. The informational packet shall be based upon the publication “A Consensus Manual for the Primary Care and Management of Chronic Fatigue Syndrome” published by the Academy of Medicine of New Jersey and the New Jersey Department of Health and Senior Services, to the extent allowable under federal copyright protections. The department shall distribute the informational packet to all primary care physicians in the state, and it shall be available on the department of health’s website. The informational packet may contain any other information that the commissioner of health deems necessary and shall be revised by the department when new information about chronic fatigue syndrome becomes available. The department shall publicize the informational packet and make it widely available to the public.
Sec. 117. Health - health protection
Personal services 3,282,307
Operating expenses 768,200
Grants 1,689,500
Total 5,740,007
Source of funds
General fund 238,513
Special funds 904,000
Global Commitment fund 55,093
Federal funds 4,239,401
Interdepartmental transfer 303,000
Total 5,740,007
Sec. 118. Health - health surveillance
Personal services 9,523,745
Operating expenses 2,845,354
Grants 2,606,982
Total 14,976,081
Source of funds
General fund 3,601,147
Special funds 1,307,500
Global Commitment fund 1,183,573
Federal funds 8,809,317
Permanent trust funds 10,000
Interdepartmental transfer 64,544
Total 14,976,081
(a) The amount of $285,000 of the above general fund/Global Commitment fund appropriation and at least $50,000 of the above federal fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services. The federal fund appropriation of at least $50,000 shall be in addition to other Ryan White Title II federal funding that the department shall distribute to the organizations listed below. 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) and shall provide HASAC with current information and data relating to service initiatives. The funds shall be allocated as follows:
(1) AIDS Project of Southern Vermont - $72,000
(2) ACORN - $30,000
(3) IMANI - $21,000
(4) VT CARES - $147,000
(5) Twin States Network - $30,000
(6) People with AIDS Coalition - $35,000
(b) Of the above federal funds, Ryan White Title II funds for AIDS services and the AIDS Medication Assistance Program shall be distributed in accordance with federal guidelines. These guidelines shall not apply to programming funded by state general funds.
(c) The amount of $140,000 of the above general fund appropriation shall be used for assistance to individuals in the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, and nutritional supplements. These funds may not be used for any administrative purposes by the department of health or any other state agency or department. Any remaining AMAP general funds at the end of the fiscal year shall be distributed to Vermont AIDS service organizations in the same proportions as those outlined under subsection (a) of this section.
(d) The amount of $100,000 of the above general fund appropriation shall be appropriated to the Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which is currently not supported by federal funds due to federal restrictions. These funds shall be used for HIV/AIDS prevention purposes, including, but not limited to, improving the availability of confidential and anonymous HIV testing; prevention work with at-risk groups such as women, intravenous drug users, and people of color; anti-stigma campaigns; and promotion of needle exchange programs. No more than 15 percent of the funds may be used for the administration of such services by the recipients of these funds. The method by which these prevention funds shall be distributed shall be determined by mutual agreement of the department of health, AIDS service organizations, HASAC, and the community planning group (CPG). The department of health AIDS program shall be guided and advised by HASAC and CPG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds.
(e) The secretary of human services shall immediately notify the joint fiscal committee if, at any time, there are insufficient funds in AMAP to assist all eligible individuals. The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the general assembly can take action.
(f) The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be comprised of no less than 50 percent of members who are living with HIV/AIDS. The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements, and eligibility for the program.
Sec. 119. Health - health improvement
Personal services 7,659,905
Operating expenses 1,051,300
Grants 9,152,449
Total 17,863,654
Source of funds
General fund 221,875
Special funds 392,500
Tobacco fund 3,185,982
Global Commitment fund 6,233,751
Federal funds 7,822,546
Interdepartmental transfer 7,000
Total 17,863,654
(a) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match federal National Health Service Corps loan repayment funds, local funds, or private funds and shall be made available to primary care providers, dentists, licensed nurses, and dental hygienists who agree to practice for a prescribed period of time in the state or at an accredited hospital within 10 miles of the Vermont border serving a portion of the state designated as a health professional shortage population or other rural or underserved areas. Educational scholarships, loan repayment grants, loan deferment payments and payments of taxes due on the award may be considered for payment.
(b) The above tobacco fund appropriation and $543,696 in Global Commitment funds in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:
(1) community‑based programs - $1,023,624;
(2) media and public education - $1,007,799;
(3) tobacco cessation programs - $1,290,255; 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;
(4) surveillance and evaluation activities - $333,000;
(5) statewide provider education - $75,000.
(c) Of the above general fund/Global Commitment appropriation, $250,000 shall be granted to the area health education center (AHEC) to support the work and infrastructure of the statewide AHEC network to ensure an adequate and appropriate health care workforce, to bring quality improvement programs to health care professionals, and to create partnerships across community-based health care services to improve health care access and integration.
(d) Any funds not expended by the AHEC during fiscal years 2006 and 2007 shall be carried forward to be available for use in subsequent fiscal years. The AHEC will provide the department of health with a final progress report and financial report detailing the unexpended funds to be carried forward at the close of each fiscal year.
Sec. 120. Health - community public health
Personal services 12,543,385
Operating expenses 2,145,389
Grants 19,948,030
Total 34,636,804
Source of funds
General fund 2,122,308
Special funds 3,231,400
Global Commitment fund 15,032,280
Federal funds 14,135,816
Interdepartmental transfer 115,000
Total 34,636,804
Sec. 121. Health - alcohol and drug abuse programs
Personal services 9,228,703
Operating expenses 1,130,648
Grants 20,900,145
Total 31,259,496
Source of funds
General fund 3,370,025
Special funds 195,500
Tobacco fund 2,382,834
Global Commitment fund 15,235,609
Federal funds 9,945,528
Interdepartmental transfer 130,000
Total 31,259,496
(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’s ability to provide the quality, quantity, and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the commission of accreditation of rehabilitation facilities, the joint commission on accreditation of health care organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in this subdivision (1) of this subsection are satisfied.
(C) All programs shall continue to fulfill grant or contract agreements.
(2) The provisions of subdivision (1) of this subsection shall not preclude the division’s “request for bids” process.
(c) Of the above interdepartmental transfer, $130,000 shall be used to support the gambling addiction program.
(d) Of the funds appropriated above, $110,000 shall be used for drug court programs in Bennington, Chittenden, and Rutland counties. The sum of $35,000 is allocated for Chittenden County to be used for court coordination. The sum of $25,000 is allocated for Rutland County to be used for treatment, case management, court coordination, and screening services as needed. The sum of $25,000 is allocated for Bennington County for court coordination, and an additional $25,000 is allocated for Bennington County to be used for case management, treatment, and screening services as needed.
Sec. 122. Health - mental health
Personal services 4,245,156
Operating expenses 645,735
Grants 113,748,703
Total 118,639,594
Source of funds
General fund 724,623
Global Commitment fund 112,938,232
Federal funds 4,976,739
Total 118,639,594
(a) Of the above appropriation, $40,000 shall be used to maintain the Burlington downtown outreach program to develop a model program for expansion to other areas of the state.
Sec. 123. Health - Vermont state hospital
Personal services 17,362,523
Operating expenses 1,342,956
Grants 3,000
Total 18,708,479
Source of funds
General fund 18,298,479
Special funds 110,000
Interdepartmental transfer 300,000
Total 18,708,479
Sec. 124. Sec. 113c of No. 71 of the Acts of 2005 is amended to read:
Sec. 113c. SUNSET
(a) The amendments in Secs. 113a
and 113b shall terminate on July 1, 2006 2007 and 13 V.S.A. §
4815(b) and (g) shall revert to the prior statutory text.
Sec. 125. Health - medical practice board
Personal services 466,127
Operating expenses 316,700
Total 782,827
Source of funds
Special funds 782,827
Sec. 126. Department for children and families - administration & support services
Personal services 27,880,515
Operating expenses 4,947,217
Grants 1,461,998
Total 34,289,730
Source of funds
General fund 11,021,492
Global Commitment fund 8,842,574
Federal funds 13,515,108
Interdepartmental transfer 910,556
Total 34,289,730
Sec. 127. INTERSTATE COMPACTS ON ADOPTION AND MEDICAL
ASSISTANCE
(a) The commissioner of the department for children and families is authorized, on behalf of the state of Vermont, to enter Interstate Compacts on Adoption and Medical Assistance, and is authorized to negotiate and enter into interstate agreements with agencies of other states for the provision of medical assistance and other services for children with special needs on behalf of whom adoption assistance are being provided by the department.
(b) The commissioner shall designate a compact administrator who shall have authority to develop rules to be adopted to effectuate the terms and provisions, maintain records, and perform other administrative actions relative to all compacts and related agreements entered into under this section.
Sec. 128. Department for children and families - family services
Personal services 19,332,140
Operating expenses 2,932,379
Grants 65,433,894
Total 87,698,413
Source of funds
General fund 26,004,388
Special funds 1,306,152
Tobacco fund 75,000
Global Commitment fund 33,968,173
Federal funds 26,344,700
Total 87,698,413
Sec. 129. Department for children and families - child development
Personal services 2,793,150
Operating expenses 762,969
Grants 46,918,030
Total 50,474,149
Source of funds
General fund 20,049,881
Special funds 1,230,722
Global Commitment fund 1,532,093
Federal funds 27,435,701
Interdepartmental transfer 225,752
Total 50,474,149
Sec. 130. Department for children and families - office of child support
Personal services 8,778,807
Operating expenses 2,880,818
Total 11,659,625
Source of funds
General fund 1,908,463
Special funds 455,718
Federal funds 9,188,344
Interdepartmental transfer 107,100
Total 11,659,625
Sec. 131. 15 V.S.A. § 658(f) is added to read:
(f)(1) The court shall order either or both parents owing a duty of support to provide a cash contribution or medical coverage for a child, provided that medical coverage is available to the parent at a reasonable cost. Medical coverage is presumed to be available to a parent at a reasonable cost only if the amount payable for the individual’s contribution to the insurance or health benefit plan premium is five percent or less of the parent’s gross income. The court, in its discretion, retains the right to order a parent to obtain medical coverage even if the cost exceeds five percent of the parent’s gross income if the cost is deemed reasonable under all the circumstances after considering the factors pursuant to section 659 of this title.
(2) If private health insurance or an employer-sponsored health benefit plan is not available at a reasonable cost, the court may order one or both parents owing a duty of support to contribute a cash contribution of up to five percent of gross income toward the cost of health care coverage of a child under public or private health insurance or a health benefit plan. A cash contribution under this section shall be considered child support for tax purposes. When calculating the contribution of a parent whose child receives coverage under Medicaid, a Medicaid waiver program, or Dr. Dynasaur, the court shall not order a contribution greater than the premium amount charged by the agency of human services for the child’s coverage.
Sec. 132. PUBLIC ASSISTANCE
(a) The department for children and families shall not include cash contributions for medical support under subsection 658(f) of Title 15 as income in determining eligibility or benefit levels for Reach Up, child support subsidies, or other public assistance programs allowed under federal law.
Sec. 133. Department for children and families - office of economic opportunity
Personal services 202,462
Operating expenses 85,023
Grants 5,129,551
Total 5,417,036
Source of funds
General fund 985,725
Special funds 57,340
Federal funds 4,122,898
Interdepartmental transfer 251,073
Total 5,417,036
(a) Of the above general fund appropriation, $485,000 shall be granted to community agencies for homeless assistance by preserving existing services or increasing services or increasing resources available statewide. These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds. Grant decisions shall be made with assistance from the coalition of homeless Vermonters.
Sec. 134. Department for children and families - OEO - weatherization assistance
Personal services 154,488
Operating expenses 129,950
Grants 7,735,000
Total 8,019,438
Source of funds
Special funds 6,741,517
Federal funds 1,277,921
Total 8,019,438
(a) Of the above special fund appropriation, $400,000 is for the replacement and repair of home heating equipment.
(b) On or before January 30 of each year, the office of economic opportunity shall make a report to the house and senate committees on appropriations utilizing existing resources within state government available in the office of economic opportunity’s weatherization data management system that compiles performance data available on households weatherized in the past year to include: 1) number of households weatherized; 2) average program expenditure per household for energy efficiency; 3) average percent energy savings; 4) energy and nonenergy benefits combined; 5) benefits saved for every dollar spent; 6) average savings per unit for heating fuels; 7) gallons of oil saved related to equivalent number of homes heated; 8) projected number of households to be weatherized in the current program year; and 9) projected program expenditures for the current program year ending March 31.
Sec. 135. Department for children and families - Woodside rehabilitation center
Personal services 2,598,093
Operating expenses 471,125
Total 3,069,218
Source of funds
General fund 3,014,326
Interdepartmental transfer 54,892
Total 3,069,218
Sec. 136. Department for children and families - disability determination services
Personal services 3,587,857
Operating expenses 558,389
Total 4,146,246
Source of funds
Federal funds 3,899,729
Interdepartmental transfer 246,517
Total 4,146,246
Sec. 137. Department for children and families - aid to aged, blind and disabled
Personal services 1,365,966
Grants 9,597,469
Total 10,963,435
Source of funds
General fund 3,629,932
Global Commitment fund 7,333,503
Total 10,963,435
Sec. 138. Department for children and families - general assistance
Grants 4,376,259
Source of funds
General fund 2,514,939
Global Commitment fund 750,000
Federal funds 1,111,320
Total 4,376,259
Sec. 139. DEPARTMENT FOR CHILDREN AND FAMILIES –
GENERAL ASSISTANCE
(a) Of the appropriation in Sec. 138, $527,000 in federal TANF funds is allocated to the department for children and families to provide families with rental or mortgage arrearage assistance under section 2114 of Title 33 and under the current criteria until the rules implementing section 2114 of Title 33 are completed. An additional $50,000 in general funds is allocated in fiscal year 2007 for assistance under category II of the current criteria.
(b) Of the appropriation in Sec. 138, an amount not to exceed $150,000 ($75,000 in federal TANF and $75,000 in general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum.
(c) Assistance under this section is not an entitlement and shall cease upon expenditure of these allocated funds.
Sec. 140. 33 V.S.A. § 2114 is added to read:
§ 2114. RENTAL OR MORTGAGE ARREARAGE PROGRAM
(a) The department for children and families shall provide up to three months of rental or mortgage arrearage assistance to eligible families. Assistance under this section is not an entitlement and shall be limited to the funds appropriated.
(b) For the purposes of this section:
(1) “Disability”:
(A) shall have the same definition as Section 223 of the Social Security Act or Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act; or
(B) shall mean a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration and substantially impedes the individual’s ability to live independently.
(2) “Emergency event” or “extraordinary event” means a serious situation or occurrence that happens unexpectedly and demands immediate attention, including an unanticipated need for a work-related expense necessary to preserve employment or for housing expenses required to remove life-threatening hazards or to keep the home habitable.
(3) “Extenuating event” means a serious situation or occurrence leading to additional expenses which could not have been prevented by the family, including a death or illness of a family member.
(4) “Gross housing expenses” includes the family’s rent or mortgage, insurance that is required as part of the mortgage, property taxes, condominium fees, and utility costs, including fuel, electricity, water, and sewer, but excluding cable television service.
(5) “Income” shall be calculated using the emergency assistance rules, excluding allowable deductions and exemptions under those rules.
(c) A family is eligible if:
(1) the family includes at least one dependent child under 18 years;
(2)(A) the family is in imminent danger of losing its housing due to circumstances that could not reasonably have been avoided, including:
(i) the rent or mortgage payments were not made because the family experienced an extenuating, emergency, or extraordinary event that appropriately required the use of the funds;
(ii) a family member has a disability which contributed to the circumstances that could not reasonably have been avoided and resulted in the rent or mortgage payments not being made; or
(iii) the family’s essential expenses exceeded the family’s income or the family’s gross housing expenses were equal to or greater than 60 percent of the family’s income; or
(B) the family is likely to be eligible for temporary housing assistance, and payment under this section would be more cost-effective than providing temporary housing;
(3) the payment of all or a portion of that arrearage will prevent homelessness;
(4) the family has received a notice of rental termination for nonpayment of rent or sworn statement of the amount of rent owed from the landlord, or a mortgage demand notice from the mortgage holder;
(5) the landlord or mortgage holder agrees to terminate any action intended to evict or otherwise cause the family to relocate as a result of the payment and agrees not to reinstitute such action on the basis of obligations remaining as of the date of payment; and
(6) the family meets all other criteria for emergency assistance, except that prior receipt of emergency assistance for another purpose shall not disqualify the family for assistance under this section. Assistance under this section shall be available not more than once every 12 months.
(d) Between February 1 and 15, 2007, the department shall file proposed rules necessary to administer this section with the joint legislative committee on administrative rules. The department shall engage interested parties, including the Vermont coalition to end homelessness, the Vermont low income advocacy council, and the Vermont affordable housing coalition, prior to filing the proposed rules.
Sec. 141. LEGISLATIVE INTENT
(a) It is the intent of the general assembly to provide temporary housing and rental or mortgage arrearage assistance to families having a genuine need that could not reasonably have been anticipated or avoided in a cost‑effective way that strives to prevent homelessness. To further this goal, the rental or mortgage arrearage assistance program should be available to families when receipt of assistance is likely to prevent the family’s loss of housing and subsequent use of hotels as temporary housing, and available for families having individuals with disabilities who have challenges in accessing the program through current criteria.
Sec. 142. IMPLEMENTATION
(a) The department for children and families shall continue to provide rental or mortgage arrearage assistance under the current rules until such time as the rules implementing Sec. 140 of this act are final.
Sec. 143. Department for children and families - reach up
Grants 41,996,096
Source of funds
General fund 12,808,023
Special funds 2,200,000
Global Commitment fund 25,500
Federal funds 26,962,573
Total 41,996,096
Sec. 144. Department for children and families - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 10,146,117
Total 10,256,117
Source of funds
Special funds 10,256,117
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in this act, no more than $350,000 shall be expended for crisis fuel direct service/administration exclusive of statewide after-hours crisis coverage.
Sec. 145. HOME HEATING FUEL ASSISTANCE/LIHEAP
(a) All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in fiscal year 2007 and all unexpended LIHEAP funds granted to the state in fiscal year 2006 are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under 33 V.S.A. chapter 26.
(b) For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2006 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 2006-2007 crisis set-aside and seasonal home heating fuel assistance through December 31, 2006, and LIHEAP funds awarded as of December 31, 2006 for fiscal year 2007 do not exceed $2,550,000, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2007. 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, 2006, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.
Sec. 146. Department for children and families - food stamp cash out
Grants 7,178,725
Source of funds
Federal funds 7,178,725
Sec. 147. TANF EXEMPTION
(a) The commissioner may exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2007.
Sec. 148. Department for children and families - children’s trust fund
Grants 340,891
Source of funds
General fund 100,651
Special funds 70,000
Federal funds 170,240
Total 340,891
Sec. 149. Disabilities, aging, and independent living - administration &
support
Personal services 22,413,228
Operating expenses 3,671,610
Total 26,084,838
Source of funds
General fund 6,721,376
Special funds 686,875
Global Commitment fund 4,921,850
Federal funds 11,329,182
Interdepartmental transfer 2,425,555
Total 26,084,838
(a) The commissioner of disabilities, aging, and independent living shall convene a task force to analyze Medicaid reimbursement rates for nursing homes. The task force shall include three representatives of the Vermont health care association, one each representing for-profit, not-for-profit, and independently owned facilities; and the director of the division of rate setting in the agency of human services. This task force shall coordinate as necessary with the task force on the future sustainability of nursing homes. The task force shall make recommendations on changes to the rules, methods, standards, and principles for establishing Medicaid payment rates for long-term care facilities in order to meet the protocols and objectives of the choices-for-care Section 1115 Medicaid waiver to the general assembly by January 15, 2007.
Sec. 150. Disabilities, aging, and independent living - advocacy and
independent living
Grants 20,605,493
Source of funds
General fund 9,418,341
Special funds 50,000
Global Commitment fund 3,213,510
Federal funds 7,846,642
Interdepartmental transfer 77,000
Total 20,605,493
Sec. 151. ATTENDANT CARE SERVICES; WAITING LIST
(a) The department of disabilities, aging, and independent living shall assess what criteria would be most equitable for placing an individual on the waiting list for attendant care services. In addition to the current first-come, first-served basis, the department shall consider alternative criteria for placing individuals on the waiting list. No later than January 15, 2007, the department shall submit a report including the criteria considered, its analysis of the issues, and its recommendations for the criteria to be used to the house committee on human services and the senate committee on health and welfare.
Sec. 152. Disabilities, aging, and independent living - blind and visually
impaired
Grants 1,417,110
Source of funds
General fund 364,064
Special funds 215,000
Global Commitment fund 250,000
Federal funds 588,046
Total 1,417,110
Sec. 153. Disabilities, aging, and independent living - vocational rehabilitation
Grants 5,736,907
Source of funds
General fund 1,599,195
Federal funds 3,688,325
Interdepartmental transfer 449,387
Total 5,736,907
Sec. 154. Disabilities, aging, and independent living - TBI home- and
community‑based waiver
Grants 2,993,010
Source of funds
Global Commitment fund 2,993,010
Sec. 155. Disabilities, aging, and independent living - developmental services
Grants 117,407,715
Source of funds
General fund 216,366
Special funds 113,963
Global Commitment fund 116,770,393
Federal funds 306,993
Total 117,407,715
Sec. 156. Corrections - administration
Personal services 2,065,241
Operating expenses 316,087
Total 2,381,328
Source of funds
General fund 2,316,328
Federal funds 65,000
Total 2,381,328
Sec. 157. Corrections - parole board
Personal services 299,753
Operating expenses 65,555
Total 365,308
Source of funds
General fund 365,308
Sec. 158. Corrections - correctional education
Personal services 3,263,380
Operating expenses 343,662
Total 3,607,042
Source of funds
General fund 3,209,892
Interdepartmental transfer 397,150
Total 3,607,042
Sec. 159. Corrections - correctional services
Personal services 70,834,459
Operating expenses 35,188,795
Grants 2,064,500
Total 108,087,754
Source of funds
General fund 102,791,435
Special funds 547,919
Tobacco fund 87,500
Global Commitment fund 2,750,144
Federal funds 1,829,710
Interdepartmental transfer 81,046
Total 108,087,754
(a) Of the above general fund appropriation, $97,000 shall be used as a grant to Dismas House of Vermont, Inc.
(b) Sec. 16(a) of No. 63 of the Acts of 2005 stated the “intent of the general assembly that the department develop and sustain new models of supportive, transitional housing.” Such a model is the Northern Lights Project, which was developed by a consortium of groups in Chittenden County to meet the needs of women offenders returning to the community. Another such model is the Dismas II Project, also developed by a consortium of groups in Chittenden County to meet the needs of both men and women offenders returning to the community.
(c) Of the above appropriation for transitional housing, no less than $225,000 shall be used for the purpose of operating the Northern Lights Project. No less than $110,000 shall be used for the purpose of operating the Dismas II Project. The department of corrections may carry forward any unused portion of these amounts into fiscal year 2008.
(d) The department of corrections shall work with the members of both the Northern Lights and Dismas II Consortia to ensure that sufficient operating revenue for these projects shall be sustained and available throughout their existence. The department of corrections shall develop a plan to provide full funding, starting in fiscal year 2008, for the operating expenses of both projects. In developing its plan, the department shall consult with the consortium of agencies sponsoring the two projects. The department shall submit a written report with its recommendations to the house and senate committees on appropriations and institutions by January 15, 2007.
(e) Funds appropriated in this section for the cognitive self-change program shall be used to establish a two-year domestic violence pilot program in at least one correctional facility. The pilot program would include tracking offenders for at least three years after release to record recidivism rates relative to violent crimes. In addition, the department shall augment the content of the current cognitive self‑change programming by including a domestic violence component.
Sec. 160. Sec. 142a of No. 71 of the Acts of 2005, as amended by Sec. 47 of
No. 93 of the Acts of the 2005 Adj. Sess. (2006), is further amended
to read:
(a) It is the intent of the
legislature that should the projected need for out‑of‑state beds be
reduced from the amount budgeted at any time during any fiscal year and this
need is expected to remain at or below this new level for at least 12 months, the
resources within the correctional services budget that would have been used for
out-of-state bed capacity be reallocated first to community supervision to
create and fill at least five community supervision positions,
including caseworkers and community corrections officers for each 50 bed
reduction in long term projected out-of-state bed need and second that
the remainder of the savings be used to fund department of corrections priorities
as determined by the commissioner of corrections. Projections of out‑of‑state
bed need for at least the subsequent 12 months shall be made by the department
of corrections for presentation at each meeting to the legislative joint
corrections oversight committee.
Sec. 161. Corrections - correctional facilities - recreation
Personal services 603,012
Operating expenses 473,986
Total 1,076,998
Source of funds
General fund 75,000
Special funds 1,001,998
Total 1,076,998
Sec. 162. Corrections - Vermont offender work program
Personal services 1,363,572
Operating expenses 1,959,040
Total 3,322,612
Source of funds
Internal service funds 3,322,612
Sec. 163. Vermont veterans’ home - care and support services
Personal services 12,927,871
Operating expenses 3,123,419
Total 16,051,290
Source of funds
Special funds 10,193,494
Global Commitment fund 913,047
Federal funds 4,944,749
Total 16,051,290
(a) It is the intent of the legislature that 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.
Sec. 164. Commission on women
Personal services 201,837
Operating expenses 59,650
Total 261,487
Source of funds
General fund 256,487
Special funds 5,000
Total 261,487
Sec. 165. Retired senior volunteer program
Grants 131,096
Source of funds
General fund 131,096
Sec. 166. Total human services 2,322,386,404
Source of funds
General fund 484,334,391
Special funds 55,098,747
Tobacco fund 25,595,048
Global Commitment fund 752,693,265
State health care resource fund 151,803,088
Federal funds 835,498,184
Permanent trust funds 10,000
Internal service funds 3,322,612
Interdepartmental transfer 14,031,070
Total 2,322,386,404
Sec. 167. Labor - programs
Personal services 19,264,611
Operating expenses 4,136,325
Grants 1,610,293
Total 25,011,229
Source of funds
General fund 2,169,812
Special funds 2,529,209
Federal funds 18,315,506
Interdepartmental transfer 1,996,702
Total 25,011,229
Sec. 168. Labor - administration
Personal services 2,603,442
Operating expenses 697,451
Total 3,300,893
Source of funds
General fund 190,408
Special funds 377,442
Federal funds 2,385,907
Interdepartmental transfer 347,136
Total 3,300,893
Sec. 169. Labor - domestic and sexual violence survivors’ transitional employment program
Grants 10,000
Source of funds
Special funds 10,000
(a) Any funds appropriated in fiscal year 2006 for the domestic and sexual violence survivors’ transitional employment program shall be carried forward into fiscal year 2007.
Sec. 170. Total labor 28,322,122
Source of funds
General fund 2,360,220
Special funds 2,916,651
Federal funds 20,701,413
Interdepartmental transfer 2,343,838
Total 28,322,122
Sec. 171. Education - finance and administration
Personal services 4,579,438
Operating expenses 1,623,008
Grants 12,000,000
Total 18,202,446
Source of funds
General fund 3,389,969
Special funds 69,894
Federal funds 1,964,748
Interdepartmental transfer 12,777,835
Total 18,202,446
Sec. 172. Education - education services
Personal services 13,445,907
Operating expenses 2,154,455
Grants 112,160,397
Total 127,760,759
Source of funds
General fund 7,735,593
Transportation fund 127,483
Special funds 1,256,914
Federal funds 117,452,874
Interdepartmental transfer 1,187,895
Total 127,760,759
(a) Of the above general fund appropriation, $20,000 shall be used to provide matching awards to a Vermont student or groups of students who have won the right to participate in a national level academic program or competition through outstanding performance or through winning of a statewide academic competition. The award shall be for the purpose of assisting the student or students to participate in the national academic competition or program. The commissioner shall establish basic criteria for the awards and shall have sole discretion in making the awards; however, no single award shall be greater than $5,000 for each school and the award shall be matched on a dollar-for-dollar basis.
Sec. 173. Education - technical education
Grants 10,598,329
Source of funds
Education fund 10,598,329
(a) The appropriation in this section shall be authorized notwithstanding 16 V.S.A § 1564.
Sec. 174. Education - special education: formula grants
Grants 125,280,000
Source of funds
Education fund 125,280,000
(a) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $3,075,559 shall be used by the department of education in fiscal year 2007 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 $157,532 may be used by the department of education for its participation in the higher education partnership plan.
Sec. 175. Education - state-placed students
Grants 14,416,000
Source of funds
Education fund 14,416,000
(a) The Independence Place program of the Lund family center shall be considered a 24-hour residential program for the purposes of reimbursement of education costs.
Sec. 176. Education - adult education and literacy
Grants 3,701,017
Source of funds
General fund 2,717,398
Federal funds 983,619
Total 3,701,017
Sec. 177. Education - adjusted education payment
Grants 1,018,388,625
Source of funds
Education fund 1,018,388,625
Sec. 178. Education - essential early education grant
Grants 4,838,045
Source of funds
Education fund 4,838,045
Sec. 179. Education - transportation
Grants 13,978,220
Source of funds
Education fund 13,978,220
Sec. 180. Education - small school grants
Grants 5,360,000
Source of funds
Education fund 5,360,000
Sec. 181. Education - capital debt service aid
Grants 380,000
Source of funds
Education fund 380,000
Sec. 182. Education - tobacco litigation
Personal services 130,133
Operating expenses 17,752
Grants 847,783
Total 995,668
Source of funds
Tobacco fund 995,668
Sec. 183. Education - Act 117 cost containment
Personal services 1,013,923
Operating expenses 117,081
Grants 91,000
Total 1,222,004
Source of funds
Interdepartmental transfer 1,222,004
(a) Notwithstanding any other 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. 184. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL
FUND - DEPOSIT
(a) In addition to deposits into the Medicaid reimbursement administrative special fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2007, $1,222,357 of federal Medicaid receipts received for reimbursement of medically related services provided to students who are Medicaid eligible shall be deposited in the administrative special fund.
Sec. 185. FUND APPROPRIATION AND TRANSFER
(a) Notwithstanding 16 V.S.A. § 4025(a)(2), there is appropriated in fiscal year 2007 from the general fund for transfer to the education fund the amount of $269,300,000.
Sec. 186. State teachers’ retirement system
Personal services 19,745,437
Operating expenses 798,923
Grants 24,446,729
Total 44,991,089
Source of funds
General fund 24,446,729
Pension trust funds 20,544,360
Total 44,991,089
(a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of the annual contribution to the Vermont state teachers’ retirement system shall be $24,446,729 in fiscal year 2007.
Sec. 187. TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a) The amount of $3,213,378 in education funds is appropriated in fiscal year 2007 to implement the provisions of 32 V.S.A. §§ 4041a(a), relating to payments to municipalities for reappraisal costs, and 5405(f), relating to payments of $1.00 per grand list parcel.
Sec. 188. Tax department - property tax assistance
Grants 101,155,000
Source of funds
General fund 2,250,000
Education fund 98,905,000
Total 101,155,000
Sec. 189. Total general education and property
tax assistance 1,763,780,580
Source of funds
General fund 309,839,689
Transportation fund 127,483
Education fund 1,295,357,597
Special funds 1,326,808
Tobacco fund 995,668
Federal funds 120,401,241
Pension trust funds 20,544,360
Interdepartmental transfer 15,187,734
Total 1,763,780,580
Sec. 190. University of Vermont
Grants 40,842,201
Source of funds
General fund 36,971,519
Global Commitment fund 3,870,682
Total 40,842,201
(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the 15th of each calendar month of the year.
(b) Of the above appropriation, $382,719 shall be transferred to EPSCoR for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.
(c) It is the intent of the legislature that if Global Commitment fund monies are unavailable, the total grant funding for the University of Vermont shall be maintained through the general fund or other state funding sources.
Sec. 191. University of Vermont - Morgan horse farm
Grants 5,200
Source of funds
General fund 5,200
Sec. 192. Vermont public television
Grants 596,785
Source of funds
General fund 596,785
Sec. 193. Vermont state colleges
Grants 23,330,193
Source of funds
General fund 23,330,193
(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont State Colleges on or about the 15th of each calendar month of the year.
(b) Of the above appropriation, $431,548 shall be transferred to the Vermont manufacturing extension center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.
Sec. 194. Vermont state colleges - allied health
Grants 1,033,268
Source of funds
General fund 641,570
Global Commitment fund 391,698
Total 1,033,268
(a) It is the intent of the legislature that if Global Commitment fund monies are unavailable, the total grant funding for the Vermont State Colleges shall be maintained through the general fund or other state funding sources.
Sec. 195. Vermont interactive television
Grants 847,944
Source of funds
General fund 847,944
Sec. 196. Vermont student assistance corporation
Grants 18,481,892
Source of funds
General fund 18,481,892
(a) Of the above appropriation, $25,000 shall 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.
Sec. 197. New England higher education compact
Grants 80,000
Source of funds
General fund 80,000
Sec. 198. Total higher education and other 85,217,483
Source of funds
General fund 80,955,103
Global Commitment fund 4,262,380
Total 85,217,483
Sec. 199. Natural resources - agency of natural resources - administration
Personal services 4,620,324
Operating expenses 1,801,469
Grants 31,500
Total 6,453,293
Source of funds
General fund 4,773,336
Special funds 1,069,206
Federal funds 434,000
Interdepartmental transfer 176,751
Total 6,453,293
Sec. 200. Connecticut River watershed advisory commission
Grants 38,000
Source of funds
General fund 38,000
Sec. 201. Citizens’ advisory committee on Lake Champlain’s future
Personal services 3,600
Operating expenses 3,900
Total 7,500
Source of funds
General fund 7,500
Sec. 202. Natural resources - state land local property tax assessment
Operating expenses 1,574,000
Source of funds
General fund 1,312,500
Interdepartmental transfer 261,500
Total 1,574,000
Sec. 203. Green up
Grants 6,948
Operating expenses 10,550
Total 17,498
Source of funds
General fund 6,948
Special funds 10,550
Total 17,498
Sec. 204. Fish and wildlife - support and field services
Personal services 9,847,289
Operating expenses 4,229,867
Grants 441,140
Total 14,518,296
Source of funds
General fund 2,094,779
Fish and wildlife fund 12,406,014
Interdepartmental transfer 17,503
Total 14,518,296
(a) Of the above appropriation, $5,000 shall be used to provide scholarships for children wishing to attend one of the conservation camps administered by the department of fish and wildlife. No portion of any general fund appropriation, tuition payments, donations made, or interest earned on endowment funds for the camps program within the department of fish and wildlife for the purposes of supporting the conservation camps shall be reallocated or used for any other purpose.
Sec. 205. Fish and wildlife - watershed improvement
Grants 75,000
Source of funds
Fish and wildlife fund 75,000
Sec. 206. Forests, parks and recreation - administration
Personal services 873,790
Operating expenses 604,341
Grants 2,216,100
Total 3,694,231
Source of funds
General fund 1,023,231
Special funds 1,466,000
Federal funds 1,205,000
Total 3,694,231
Sec. 207. Forests, parks and recreation - forestry
Personal services 4,533,422
Operating expenses 641,312
Grants 288,000
Total 5,462,734
Source of funds
General fund 3,669,935
Special funds 360,000
Federal funds 1,200,000
Interdepartmental transfer 232,799
Total 5,462,734
(a) Of the above appropriation, $25,000 shall be used to replace a culvert and reestablish the causeway in the Glenn Lake Block property at Glenn Lake in Castleton, and any future projects shall ensure access for people with impaired mobility issues.
Sec. 208. Forests, parks and recreation - state parks
Personal services 4,870,037
Operating expenses 2,199,350
Grants 5,000
Total 7,074,387
Source of funds
General fund 993,987
Special funds 6,080,400
Total 7,074,387
Sec. 209. Forests, parks and recreation - lands administration
Personal services 533,420
Operating expenses 231,111
Total 764,531
Source of funds
General fund 539,531
Special fund 145,000
Federal funds 50,000
Interdepartmental transfer 30,000
Total 764,531
Sec. 210. Forests, parks and recreation - youth conservation corps
Personal services 388,775
Operating expenses 9,593
Grants 400,000
Total 798,368
Source of funds
Special funds 454,368
Federal funds 94,000
Interdepartmental transfer 250,000
Total 798,368
Sec. 211. Forests, parks and recreation - forest highway maintenance
Personal services 222,978
Operating expenses 301,000
Total 523,978
Source of funds
General fund 523,978
Sec. 212. Environmental conservation - management and support services
Personal services 2,931,319
Operating expenses 887,118
Grants 84,000
Total 3,902,437
Source of funds
General fund 1,310,330
Special funds 679,476
Federal funds 993,471
Interdepartmental transfer 919,160
Total 3,902,437
Sec. 213. Environmental conservation - air and waste management
Personal services 7,056,543
Operating expenses 6,176,683
Grants 1,709,000
Total 14,942,226
Source of funds
General fund 815,555
Special funds 11,137,141
Federal funds 2,815,544
Interdepartmental transfer 173,986
Total 14,942,226
Sec. 214. 10 V.S.A. § 6603i(a) is amended to read:
(a) The secretary is authorized to
award grants to municipalities and solid waste management districts for the
portion of the cost of closure of unlined landfills receiving municipal solid
waste located within the municipality or district. These grants shall be
available to assist in the closure of any existing unlined landfills, accepting
solid waste as of the effective date of this act, which are required to
close in accordance with subsection 6605a(c) of this title or section 6605c of
this title, or to assist in the closure of unlined landfills which ceased
accepting solid waste prior to the effective date of this act, as defined by
rule of the secretary.
Sec. 215. Environmental conservation - office of water programs
Personal services 12,629,486
Operating expenses 2,235,066
Grants 2,891,036
Total 17,755,588
Source of funds
General fund 6,848,890
Special funds 3,916,462
Federal funds 6,523,436
Interdepartmental transfer 466,800
Total 17,755,588
(a) Notwithstanding 3 V.S.A. § 2805, in fiscal year 2006, $260,000 shall be transferred from the environmental permit fund to the general fund while $350,000 is maintained in the fund at the close of the fiscal year.
Sec. 216. Environmental conservation - tax-loss-Connecticut River flood control
Operating expenses 40,000
Source of funds
Special funds 40,000
Sec. 217. Natural resources board
Personal services 2,304,259
Operating expenses 444,350
Total 2,748,609
Source of funds
General fund 1,058,883
Special funds 1,689,726
Total 2,748,609
Sec. 218. Total natural resources 80,390,676
Source of funds
General fund 25,017,383
Fish and wildlife fund 12,481,014
Special funds 27,048,329
Federal funds 13,315,451
Interdepartmental transfer 2,528,499
Total 80,390,676
Sec. 219. Commerce and community development - agency of commerce and community development - administration
Personal services 1,369,681
Operating expenses 524,064
Grants 300,000
Total 2,193,745
Source of funds
General fund 2,193,745
Sec. 220. Housing and community affairs
Personal services 2,479,313
Operating expenses 347,147
Grants 4,207,227
Total 7,033,687
Source of funds
General fund 1,509,648
Special funds 3,844,469
Federal funds 1,614,570
Interdepartmental transfer 65,000
Total 7,033,687
Sec. 221. Historic sites - operations
Personal services 615,472
Operating expenses 284,540
Total 900,012
Source of funds
General fund 483,919
Special funds 372,000
Interdepartmental transfer 44,093
Total 900,012
Sec. 222. Historic sites - special improvements
Personal services 129,160
Operating expenses 1,025,614
Total 1,154,774
Source of funds
Special funds 50,000
Federal funds 396,220
Interdepartmental transfer 708,554
Total 1,154,774
Sec. 223. Community development block grants
Grants 7,446,530
Source of funds
Federal funds 7,446,530
(a) Community development block grants will carry forward until expended.
Sec. 224. Downtown transportation and capital improvement fund
Personal services 40,000
Grants 760,000
Total 800,000
Source of funds
Special funds 800,000
Sec. 225. Economic development
Personal services 1,936,584
Operating expenses 650,206
Grants 1,675,349
Total 4,262,139
Source of funds
General fund 3,573,344
Special funds 490,325
Federal funds 198,470
Total 4,262,139
(a) Of the above appropriation, $25,000 shall be used to support the employee ownership center.
Sec. 226. Vermont training program
Personal services 134,375
Operating expenses 20,636
Grants 1,486,789
Total 1,641,800
Source of funds
General fund 1,606,800
Special funds 35,000
Total 1,641,800
Sec. 227. Tourism and marketing
Personal services 1,717,814
Operating expenses 2,486,686
Grants 142,000
Total 4,346,500
Source of funds
General fund 4,346,500
Sec. 228. Vermont life
Personal services 736,256
Operating expenses 113,300
Total 849,556
Source of funds
Enterprise funds 849,556
Sec. 229. Vermont council on the arts
Grants 529,618
Source of funds
General fund 529,618
Sec. 230. Vermont symphony orchestra
Grants 118,780
Source of funds
General fund 118,780
Sec. 231. Vermont historical society
Grants 733,393
Source of funds
General fund 733,393
Sec. 232. Vermont housing and conservation board
Grants 24,551,195
Source of funds
Special funds 14,630,883
Federal funds 9,920,312
Total 24,551,195
Sec. 233. 10 V.S.A. § 321(a)(5) is added to read:
(5) grant funds to the agency of agriculture, food and markets to carry out and effectuate the Vermont farm viability enhancement program authorized by section 4710 of Title 6, provided that grants to the agency of agriculture, food and markets from the general fund under this subdivision shall not exceed $300,000.00 annually.
Sec. 234. Vermont humanities council
Grants 180,599
Source of funds
General fund 180,599
Sec. 235. Total commerce and community
development 56,742,328
Source of funds
General fund 15,276,346
Special funds 20,222,677
Federal funds 19,576,102
Enterprise funds 849,556
Interdepartmental transfer 817,647
Total 56,742,328
Sec. 236. TRANSPORTATION
(a) Transportation fund and town fund appropriations made available for the agency of transportation in cooperation with the federal government shall be available until expended and shall not revert.
(b) The commissioner of finance and management shall maintain and control transportation appropriations in separate state and federal appropriations, as needed, and may incur overdrafts in personal services and operating expenses pending distribution of payroll and employee charges to other appropriations.
Sec. 237. Transportation - finance and administration
Personal services 8,879,959
Operating expenses 2,127,950
Total 11,007,909
Source of funds
Transportation fund 10,573,406
Federal funds 434,503
Total 11,007,909
Sec. 238. Transportation - aviation
Personal services 1,115,720
Operating expenses 10,274,880
Grants 160,000
Total 11,550,600
Source of funds
Transportation fund 2,395,350
Federal funds 9,155,250
Total 11,550,600
Sec. 239. Transportation - buildings
Personal services 133,000
Operating expenses 368,000
Total 501,000
Source of funds
Transportation fund 437,000
Federal funds 64,000
Total 501,000
Sec. 240. Transportation - program development
Personal services 35,463,202
Operating expenses 133,737,679
Grants 35,727,282
Total 204,928,163
Source of funds
Transportation fund 39,689,101
Local match 668,978
Federal funds 162,170,034
Interdepartmental transfer 2,400,050
Total 204,928,163
Sec. 241. Transportation - rest areas
Personal services 100,000
Operating expenses 3,341,146
Total 3,441,146
Source of funds
Transportation fund 383,117
Federal funds 3,058,029
Total 3,441,146
Sec. 242. Transportation - maintenance state system
Personal services 32,216,294
Operating expenses 27,589,800
Grants 672,000
Total 60,478,094
Source of funds
Transportation fund 57,596,094
Federal funds 2,882,000
Total 60,478,094
Sec. 243. Transportation - policy and planning
Personal services 4,969,906
Operating expenses 964,875
Grants 4,690,227
Total 10,625,008
Source of funds
Transportation fund 2,597,643
Federal funds 7,887,365
Interdepartmental transfer 140,000
Total 10,625,008
Sec. 244. Transportation - rail
Personal services 4,911,881
Operating expenses 12,466,427
Grants 4,720,000
Total 22,098,308
Source of funds
Transportation fund 8,979,308
Federal funds 13,119,000
Total 22,098,308
Sec. 245. Transportation - bridge maintenance
Operating expenses 9,123,373
Source of funds
Transportation fund 2,811,653
Local match 50,000
Federal funds 6,261,720
Total 9,123,373
Sec. 246. Transportation - public transit
Personal services 516,238
Operating expenses 69,450
Grants 17,037,070
Total 17,622,758
Source of funds
Transportation fund 6,016,646
Federal funds 11,606,112
Total 17,622,758
Sec. 247. Transportation - central garage
Personal services 3,198,783
Operating expenses 11,411,786
Total 14,610,569
Source of funds
Internal service funds 14,610,569
(a) Of the above appropriation, $1,502,400 is appropriated from the transportation equipment replacement account within the central garage fund in accordance with 19 V.S.A. § 13(c) for the purchase of equipment as authorized in 19 V.S.A. § 13(b).
Sec. 248. Department of motor vehicles
Personal services 16,580,740
Operating expenses 8,050,064
Grants 311,300
Total 24,942,104
Source of funds
Transportation fund 23,617,251
Federal funds 1,324,853
Total 24,942,104
Sec. 249. Transportation - town highway structures
Grants 3,674,002
Source of funds
Town fund 3,674,002
Sec. 250. Transportation - town highway emergency fund
Grants 1,500,000
Source of funds
Transportation fund 1,500,000
Sec. 251. Transportation - town highway Vermont local roads
Grants 375,000
Source of funds
Transportation fund 235,000
Federal funds 140,000
Total 375,000
Sec. 252. Transportation - town highway class 2 roadway
Grants 5,018,002
Source of funds
Town fund 5,018,002
Sec. 253. Transportation - town highway bridges
Personal services 3,650,000
Operating expenses 24,388,552
Grants 525,000
Total 28,563,552
Source of funds
Transportation fund 4,090,045
Local match 2,269,131
Federal funds 22,204,376
Total 28,563,552
Sec. 254. Transportation - town highway aid program
Grants 26,311,056
Source of funds
Town fund 26,311,056
(a) The above appropriation is authorized, notwithstanding 19 V.S.A. § 306(a).
Sec. 255. Transportation - town highway class 1 supplemental grants
Grants 146,700
Source of funds
Town fund 146,700
Sec. 256. Transportation - municipal mitigation grant program
Grants 2,000,700
Source of funds
Transportation fund 196,707
Federal funds 1,803,993
Total 2,000,700
Sec. 257. Transportation - public assistance grant program
Grants 200,000
Source of funds
Federal funds 200,000
Sec. 258. Transportation board
Personal services 70,800
Operating expenses 13,800
Total 84,600
Source of funds
Transportation fund 84,600
Sec. 259. Discretionary spending
Operating expenses 475,000
Source of funds
Transportation funds 475,000
(a) Notwithstanding 32 V.S.A. § 706, the secretary of transportation, with the approval of the secretary of administration, may transfer amounts appropriated under this section to another appropriation of the agency of transportation authorized by this act as needed to advance projects in program development or in rail for the Bellows Falls tunnel project.
Sec. 260. Total transportation 459,277,644
Source of funds
Transportation fund 161,677,921
Local match 2,988,109
Town fund 35,149,760
Federal funds 242,311,235
Internal service funds 14,610,569
Interdepartmental transfer 2,540,050
Total 459,277,644
Sec. 261. Debt service
Debt service 69,130,821
Source of funds
General fund 64,549,851
Transportation fund 2,086,135
Special funds 2,494,835
Total 69,130,821
Sec. 262. Total debt service 69,130,821
Source of funds
General fund 64,549,851
Transportation fund 2,086,135
Special funds 2,494,835
Total 69,130,821
Sec. 263. 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. 264. 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. 265. FEDERAL FUNDS
(a) In fiscal year 2007 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 2007, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2006 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 is intending 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. 266. DEPARTMENTAL RECEIPTS
(a) All receipts shall be credited to the general fund except as otherwise provided and except for 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
Department of taxes ‑ 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. 267. 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 2007, except for new positions authorized by the 2006 session. Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.
Sec. 268. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax. Expenditures from these appropriations shall not exceed available revenues:
(1) The sum of $300,960 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 $300,960 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 $13,763,883 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 $13,763,883 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 $4,116,847 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,116,847 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The $4,116,847 shall be allocated as follows:
(A) $2,881,792 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);
(B) $823,369 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);
(C) $411,685 to the Vermont center for geographic information.
(b) Property transfer tax revenues in fiscal year 2007 shall be distributed pursuant to 32 V.S.A §§ 435(b)(10) and 9610(c), 10 V.S.A. § 312, and 24 V.S.A. § 4306(a) and transferred into the general fund consistent with the provisions of subsection (a) of this section, except that any property transfer tax revenues above $40,200,000, not to exceed $3,500,000, shall be deposited into the Vermont housing and conservation trust fund and appropriated to the Vermont housing and conservation trust board of which 70 percent shall be used for housing and 30 percent for land conservation activities.
(c) In fiscal year 2008, the appropriations in subdivisions (a)(1)-(3) of this section shall increase by at least 4.5 percent.
Sec. 269. TRANSPORTATION FUND TRANSFER
(a) The amount of $800,000 is transferred from the transportation fund to the downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund.
Sec. 270. Sec. 10(a)(2)(A) of No. 66 of the Acts of 2005 is amended to read:
(A) From
the general fund for the fiscal year beginning July 1, 2005, $4,019,782.00 and
for the fiscal year beginning July 1, 2006, $7,581,008.00 $3,800,000.00.
Sec. 271. FY 2006 GENERAL FUND APPROPRIATIONS AND
TRANSFERS
(a) In FY 2006, the following amounts are appropriated or transferred from the general fund:
(1) $1,325,800 in general funds and $1,454,200 in Global Commitment funds to the department of health - administration for implementation of “The Vermont Blueprint for Health Chronic Care Initiative,” and $1,124,200 in general funds to the agency of human services for Global Commitment.
(2) $610,000 to the department of education for transfer to the department of corrections as needed for special education program expenses.
(3) $7,000,000 to the department of education for state aid for school construction projects pursuant to 16 V.S.A. § 3448.
(4) $650,000 to the department of health for continued planning, design, and permitting associated with the creation of a new inpatient facility to replace the current Vermont state hospital. In addition, the department shall allocate $350,000 of the funds appropriated in fiscal year 2006 for state hospital alternatives for this same purpose.
(5) $375,000 to the secretary of state for costs of the 2006 biennial elections.
(6) $3,000,000 for “The Next Generation Initiative”; in order to ensure that Vermont’s youth can obtain a college education that provides them the technical skills necessary to thrive in a dynamic global economy and that the technology based professions for which they have trained will be available in Vermont upon their entrance into the workforce, the following appropriations are hereby made:
(A) $1,000,000 to the University of Vermont for investment in the research and development of innovative and sustainable technologies that will expand the university’s role in statewide economic development.
(B) $1,000,000 to the Vermont State Colleges to invest in workforce development programs centered upon the innovative and sustainable technologies sector.
(C) $1,000,000 to the Vermont student assistance corporation to invest in programs and other initiatives that encourage Vermont K-12 students to attend a Vermont college.
(7) $350,000 is transferred to the environmental contingency fund, established in 10 V.S.A. § 1283.
(8) $35,000 to the department of forests, parks and recreation for a Parks as Destinations study.
(9) $200,000 to the department of environmental conservation for two clean and clear initiatives: $100,000 for research on improving the accounting system for phosphorous reduction from nonpoint source controls and $100,000 for a feasibility study on the treatment of sediments in St. Albans bay to reduce internal loading of phosphorous.
(10) $100,000 to be reserved for use as the state’s fiscal year 2007 contribution toward the growth of the endowment fund for the Vermont State Colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed upon between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. By June 30, 2008, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.
(11) $40,000 to the Vermont council on the arts for a grant to the Vermont museum and gallery alliance to encourage professional practices, foster cooperation, and promote appreciation of the programs and resources of Vermont’s museums, galleries, and historic places.
(12) $65,000 to the judiciary of which $15,000 shall be used to upgrade video conferencing equipment in the Bennington courthouse and $50,000 shall be used to complete the licensing of network devices.
(13) $70,000 to the judiciary for a collections manager position.
(14) $400,000 to the judiciary to be used to upgrade the automated case management system. The intent is that the fiscal year 2007 appropriation will be the first of four or five annual appropriations necessary to complete the upgrade of the automated case management system.
(15) $75,000 to the department of economic development for grants to the regional development corporations.
(16) $10,000 to the department of economic development for the north link broadband project.
(17) $400,000 to the department of economic development for the Vermont training program.
(18) $225,000 to the department of tourism and marketing, of which $100,000 shall be used for the Lake Champlain quadricentennial commission and $125,000 for marketing activities.
(19) $350,000 to the department of fish and wildlife to complete phase two of the Edward F. Kehoe camp building. This phase will finish the building so that the children’s program will have use of the kitchen and dining hall. Major work will include work on the wastewater system, elevator, site (drainage), interior finishing on the dining hall area, and kitchen equipment.
(20) $50,000 general funds and associated federal funds to the department for children and families, office of economic opportunity, for a grant to the community action agencies for individual development accounts.
(21) $7,600 to the criminal justice training council for the purchase of mattresses.
(22) $75,000 to the department for children and families for a grant to the Vermont coalition of teen centers.
(23) $100,000 to the department for children and families for a grant to the Vermont adoption consortium.
(24) $75,000 to the department for children and families for the building bright spaces for bright futures fund.
(25) $11,000 to the department for children and families, family services for the Vermont coalition for homeless and runaway youth program.
(26) $26,767 in general funds and $38,233 in federal funds to the secretary of human services for Global Commitment, and $65,000 in Global Commitment funds is appropriated to the office of Vermont health access to be granted to Vermont legal aid to support a health care ombudsman position. The office of the health care ombudsman shall report to the house and senate committees on appropriations by December 15, 2006 on the activities and caseload of this additional ombudsman position.
(27) $155,000 in general funds and $95,000 in Global Commitment funds to the department of health for area health education center activities. The language in Sec. 119(c) and (d) of this act applies to this appropriation.
(28) $39,121 in general funds and $55,879 in federal funds to the secretary of human services for Global Commitment.
(29) $132,500 to the department of corrections for prisoner uniforms.
(30) $40,000 to the department of disabilities, aging, and independent living for a needs assessment regarding present and future workforce issues related to the delivery of long‑term care services consistent with Sec. 2 of H.723 of the Acts of the 2005 Adj. Sess. (2006).
(31) $100,000 to the agency of agriculture, food and markets for a farm agronomic practices pilot program. This pilot program shall provide the farms of Vermont with state financial assistance through a grant program for the implementation of soil-based practices that improve soil quality, increase crop production, and reduce erosion and agricultural waste discharges. The secretary of the agency shall establish grant criteria, performance goals, evaluation measures, and other criteria necessary to implement the program.
(32) $270,000 to the department of taxes to complete the installation of the corporate tax collections system.
(33) $110,000 is transferred to the waste management assistance fund created in 10 V.S.A. § 6618.
(34) $20,000 to the secretary of state for community development grants, of which $10,000 shall be made available to the Vermont council on rural development to support the capacity of two rural Vermont communities and $10,000 shall be made available to the Vermont alliance of nonprofit organizations (VANPO) to support the training and development of nonprofit and community leaders, managers, and executives. This funding will provide resources to VANPO’s existing technical assistance program for skill-building workshops in Vermont.
(35) $50,000 to the Vermont human rights commission to monitor affirmatively Vermont’s schools’ compliance with the provisions of No. 91 of the Acts of the 2003 Adj. Sess. (2004) relating to harassment.
(36) $50,000 to the Vermont economic development authority to recapitalize the job start fund.
Sec. 272. Sec. 70 of H.617 of 2006 is amended to read:
Sec. 70. FISCAL YEAR 2006 DESIGNATED GENERAL FUND
BALANCE (WATERFALL)
(a) At
the close of fiscal year 2006, the fiscal year 2006 unreserved and undesignated
general fund balance on a budgetary basis, as determined by the commissioner of
finance and management on July 31, 2006, shall to be reserved in the general fund
stabilization reserve to the extent necessary to attain its statutory maximum. To
the extent funds are available:
(1)
First, be reserved in the general fund budget stabilization reserve to the
extent necessary to attain its statutory maximum; $9,930,000 shall be
reserved in the general fund surplus for fiscal year 2007 spending.
(2)
Second, any remaining funds shall be reserved in the general fund surplus
reserve established in 32 V.S.A. § 308c(a) $12,800,000 shall be appropriated
to the state teachers’ retirement fund. This appropriation shall be made only
to the extent necessary to make up the difference from the above amount and the
amount appropriated under Sec. 273(a) of this act [fiscal year 2007 contingent
appropriation].
(3) Third, $250,000 shall be appropriated and transferred to the emergency relief and assistance fund, established in 20 V.S.A. § 45.
(4) Fourth, $3,000,000 shall be appropriated and transferred to the Global Commitment fund, established in 33 V.S.A. § 1901e.
(5) Fifth, $1,000,000 shall be appropriated and transferred to the housing and conservation trust board for housing.
(6) Sixth, $1,500,000 shall be appropriated for transfer to various internal service funds to reduce deficits in those funds.
(7) Seventh, any remaining funds shall be appropriated to school construction.
Sec. 273. FISCAL YEAR 2007 CONTINGENT APPROPRIATIONS AND
TRANSFERS
(a) In the event the official fiscal year 2007 revenue forecast for the available general fund adopted by the emergency board at its July 2006 meeting exceeds $1,377,000,000, not including the first $3,500,000 of any increase attributable to the property transfer tax revenue growth, in excess of the official forecast of January 11, 2006, to the extent the forecast is exceeded, up to $5,000,000 is appropriated to the state teachers’ retirement system as an additional base fiscal year 2007 appropriation.
(b) If there are any remaining funds after disbursements are made in subsection (a) of this section, they shall be reserved for appropriations during the fiscal year 2007 budget adjustment process.
Sec. 274. FISCAL YEAR 2007 TOBACCO SETTLEMENT FUND
BALANCE
(a) Notwithstanding 18 V.S.A. § 9502(b), in fiscal year 2007, the balance in the tobacco litigation settlement fund shall remain in the tobacco litigation settlement fund.
Sec. 275. TRANSFER OF TOBACCO TRUST FUNDS
(a) Notwithstanding 18 V.S.A. § 9502(a)(3), at the close of fiscal year 2007, 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 2007, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2007 under the Master Tobacco Settlement Agreement. Upon release and deposit of the withheld funds into the tobacco litigation settlement fund, an equal amount shall be returned to the tobacco trust fund.
Sec. 276. 18 V.S.A. § 9504(b) is amended to read:
§ 9504. Creation of the Vermont tobacco evaluation and
review board
* * *
(b) The board shall consist of 1314
members, including ex officio the commissioner of health and the commissioner
of education, or their designees; the commissioner of the department of
liquor control or designee, the attorney general or designee; a member of
the house of representatives appointed by the speaker of the house; a member of
the senate appointed by the committee on committees; a member representing a
nonprofit organization qualifying under Section 501(c)(3) of the Internal
Revenue Code and dedicated to anti-tobacco activities appointed by the speaker
of the house; a member representing the low income community appointed by the
senate committee on committees; two persons under the age of 21 30,
one appointed by the speaker of the house and one appointed by the senate
committee on committees; and four members appointed by the governor with the
advice and consent of the senate, including: one K-12 educator involved in
prevention education; one tobacco use researcher; one member representing the
health care community; and one tobacco industry countermarketing expert. The
public members shall serve for three-year terms, beginning on February 1 of the
year in which the appointment is made, except that the first members appointed
by the governor to the board shall be appointed, two for a term of two years,
one for a term of three years and one for a term of four years. Vacancies
shall be filled in the same manner as the original appointment for the
unexpired portion of the term vacated.
Sec. 277. 16 V.S.A. § 1944(c) is amended to read:
(c) Pension accumulation fund.
* * *
(2) Beginning with the actuarial valuation as of June 30, 1982 2005,
the contributions to be made to the pension accumulation fund by the state
shall be determined on the basis of the actuarial cost method known as “entry
age normal cost with frozen initial liability.” On account of
each member, there shall be paid annually by the state into the pension
accumulation fund a percentage of the earnable compensation of each member to
be known as the “normal contribution” and an additional percentage of his
the member’s earnable compensation to be known as the “accrued liability
contribution.” The rates percent percentage rate of such
contributions shall be fixed on the basis of the liabilities of the system as
shown by actuarial valuation. “Normal contributions” and “accrued liability
contributions” shall be by separate appropriation in the annual budget enacted
by the general assembly.
* * *
(4) The unfunded accrued liability determined by
actuarial valuation as of June 30,
1988 shall be amortized over a
period of 30 years beginning July
1, 1988 in accordance with the
provisions of this section. Subject to the approval of the retirement board,
the amount of unfunded accrued liability may be adjusted after 1988 to take
account of changes in the actuarial assumptions used in annual valuations.
(5) Until
the unfunded accrued liability is liquidated, the accrued liability
contribution shall be the annual payment required to liquidate the unfunded
accrued liability over a period of 30 years from July 1, 1982 1988,
provided that the amount of each annual accrued liability contribution after
June 30, 1982 1988 shall be five percent greater than the
preceding annual accrued liability contribution. Any variation in the
contribution of normal or unfunded accrued liability contributions from those
recommended by the actuary and any actuarial gains and losses shall be added or
subtracted to the unfunded accrued liability and amortized over the remaining
30-year period.
Sec. 278. STATE EMPLOYEES’ POSTEMPLOYMENT BENEFITS
RESERVE ACCOUNT
(a) An irrevocable “state employees’ postemployment benefits reserve account” is hereby created for the purpose of accumulating and providing reserves to fund retiree postemployment benefits for members of the Vermont state employees’ retirement system, excluding pensions and benefits otherwise appropriated by statute.
(b) Into the account shall be deposited:
(1) All funds remitted to the state as a subsidy on behalf of the members of the Vermont state employees’ retirement system for employer-sponsored qualified prescription drug plans pursuant to the Medicare Prescription Drug Improvement and Modernization Act of 2003.
(2) Any appropriations by the general assembly to fund retiree postemployment benefits for members of the Vermont state employees’ retirement system.
(c) The trust fund shall be administered by the state treasurer. The treasurer may invest monies in the fund in accordance with the provisions of section 434 of Title 32. All balances in the fund at the end of the fiscal year shall be carried forward. 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. 279. 32 V.S.A. § 4465 is amended to read:
§ 4465. APPOINTMENT OF APPRAISER; OATH; PAY
When
an appeal to the director is not withdrawn, the director shall refer the appeal
in writing to a person not employed by the director, appointed by the director
as an appraiser. The director shall have the right to remove an appraiser for
inefficiency, malfeasance in office, or other cause. In like manner,
the director shall appoint an appraiser to fill any vacancy created by
resignation, removal or other cause. Before entering into their duties,
persons appointed as appraisers shall take and subscribe the oath of the office
prescribed in the constitution, which oath shall be filed with the director.
The director shall pay each appraiser a sum not to exceed $80.00 $120.00
per diem for each day wherein hearings are held, together with reasonable
expenses as the director may determine. An appraiser may subpoena witnesses,
records, and documents in the manner provided by law for serving
subpoenas in civil actions and may administer oaths to witnesses.
Sec. 280. 10 V.S.A. § 6523(d)(4) is amended to read:
* * *
(D) renewable energy projects on farms, which shall include the costs incurred to upgrade to a three-phase line to serve a system on a farm;
(E) small
scale renewable energy in Vermont residences and businesses; and
(F) super efficient buildings;
(G) projects under the agricultural economic development special account established under 6 V.S.A. § 4710(g) to harvest biomass, convert biomass to energy, or produce biofuel; and
(F)(H) effective
projects that are not likely to be established in absence of funding under the
program.
Sec. 281. 23 V.S.A. § 3214 is amended to read:
§ 3214. Appropriation Allocation of fees and penalties;
liability insurance; authority to contract for
law enforcement services
(a) The
amount of 85 percent of the fees and penalties collected under this
subchapter, except interest, is are hereby appropriated allocated
to the agency of natural resources for use by VAST for development and
maintenance of the statewide snowmobile trail program (SSTP), for trails’
liability insurance, and to contract for law enforcement services with any
constable, sheriff’s department, municipal police department, the department of
public safety, and the department of fish and wildlife for purposes of
trail compliance pursuant to this chapter. The departments of public safety
and fish and wildlife are authorized to contract with VAST to provide these law
enforcement services. The agency of natural resources may retain for its use
up to $11,500.00 during each fiscal year to be used for the oversight of the
state snowmobile trail program.
(b)
All fees and penalties, except interest, collected under this subchapter and
not appropriated pursuant to subsection (a) of this section shall be used to
purchase trails’ liability and other related insurance. The department of
buildings and general services shall assist VAST with the procurement of trails
liability and other related insurance. The balance shall be deposited,
together with interest accrued, in the transportation fund.
(c)(b) VAST
shall purchase a trails’ liability insurance policy in the amount of
$1,000,000.00. The state of Vermont shall be named an additional insured. The policy
shall extend to all VAST affiliated snowmobile clubs and their respective
employees and agents to provide for trails’ liability coverage for development
and maintenance of the statewide snowmobile trails program including groomer
use and operation. The department of buildings and general services shall
assist VAST with the procurement of trails liability and other related
insurance.
(d)(c) Nothing
contained in this section shall authorize or create any cause of action to
accrue or to be maintained against the state of Vermont.
(e)(d) Any
fees and penalties appropriated allocated pursuant to subsection
(a) of this section shall not revert but shall be available until spent. Any
accrued interest shall be deposited in the transportation fund.
Sec. 282. 20 V.S.A. § 45 is amended to read:
§ 45. Emergency relief and assistance
(a) If
a state of emergency due to a natural disaster is declared by the governor, the
emergency board established by 32 V.S.A. § 131 may authorize the
secretary of administration to may expend from the emergency
relief and assistance fund such funds necessary to meet match requirements for
federal grants and to award low interest loans and grants to municipalities
that sustain damage to public infrastructure as a result of a natural disaster
and to persons whose homes, farms or businesses are damaged by a natural
disaster. Assistance under this section may supplement assistance provided
through federal and local emergency assistance programs, but eligibility for
federal or local assistance shall not be required for eligibility under this
section. Funds utilized under this section shall be distributed in accordance
with criteria and procedures established by rule by the secretary of
administration.
(b) The emergency board established by section 131 of Title 32 may authorize the secretary of administration to expend from the emergency relief and assistance fund an amount not to exceed $1,000,000.00 to avert an emergency natural or otherwise as identified by the board, and to expend from the emergency relief and assistance fund to award low interest loans and grants to municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms, or businesses are damaged by a natural disaster. Assistance under this subsection may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this subsection.
(c)
In any fiscal year, the emergency board may transfer to the emergency relief
and assistance fund up to two percent of the amount of the general fund budget
stabilization reserve established by 32 V.S.A. § 308, which may be expended to
provide for emergency relief and assistance under this section. Upon the
occurrence of the contingencies and conditions set out in subsections (a) and
(b) of this section, such amounts are appropriated and may be expended for this
purpose.
(d)(c) There
is created an emergency relief and assistance fund to be administered by the
secretary of administration as a special fund under the provisions of
subchapter 5 of chapter 7 of Title 32. The fund shall contain any amounts
transferred to it under this section or appropriated to it by the
general assembly.
(d) Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the secretary of administration.
(e) Annually,
by September 30, the secretary of administration shall submit to the
general assembly a report detailing any expenditures during the prior
fiscal year for disaster relief and assistance under this section to the
general assembly, and the balance in the emergency relief and assistance
fund at the end of that fiscal year. The status of the fund shall be
considered in the development of proposed adjustments to current year
appropriations for submission to the next session of the general assembly.
Sec. 283. 32 V.S.A. § 585(c) is added to read:
(c) The commissioner shall fully utilize the fund and account structure in the state finance system to manage efficiently dedicated revenues, with the intended result of reducing and limiting the number of separate special funds, while maintaining accountability and segregation of revenues dedicated by statute for specific purposes.
Sec. 284. 32 V.S.A. § 4041a(a) is amended to read:
(a) A
municipality shall be paid $8.80 $8.50 per grand list parcel per
year, from the equalization and reappraisal account within the education fund and
$8.50 per parcel of this amount shall be paid to the town, to be used only
for reappraisal and costs related to reappraisal of its grand list properties
and for maintenance of the grand list; and $0.30 per parcel of this amount
shall be paid to the lister training subaccount, to the credit of the town in
which the parcel is located. Additionally, a municipality shall be paid
$3.65 per grand list parcel for the first 100 parcels, $0.20 for the next 100
parcels, and $0.01 for all parcels in excess of 200 from the equalization and
reappraisal account within the education fund, to be used only for costs to
acquire assessment education provided under section 3436 of this title.
Sec. 285. 16 V.S.A. § 4025(c) is amended to read:
(c) An
equalization and reappraisal account is established within the education fund. Moneys
from this account are to be used by the division of property valuation and
review to assist towns with maintenance or reappraisal on a case-by-case basis;
and for reappraisal payments pursuant to section 4041a of Title 32. A
lister training subaccount within the equalization and reappraisal account is
established. Each municipality is authorized to draw from its own portion of
the subaccount such amounts as it determines necessary for lister training, and
shall pay this amount to the director of property valuation and review for
lister training services provided. A municipality may withdraw funds from this
subaccount upon warrants issued by the commissioner of finance and management. Unused
funds in the subaccount at the end of the fiscal year shall revert to the
education fund.
Sec. 286. 24 V.S.A. § 138(d) is amended to read:
(d) Of the taxes reported under
this section, 80 percent shall be paid to the municipality in which they
were reported for calendar year 1999, 70 percent shall be paid to the
municipality in which they were reported for calendar years thereafter. Such
revenues may be expended by the municipality for municipal services only and
not for educational expenditures. The remaining amount of the taxes reported
shall be remitted monthly to the state treasurer for deposit in the PILOT
special fund established in Sec. 89 of No. 60 of the Acts of 1997. Amounts to
be paid to a municipality under this section shall be reduced by five percent
to reflect the difference between the amounts reported and collected. Taxes
due to a municipality under this section, less the costs of administration and
collection, shall be paid on a quarterly basis. 70 percent shall be
paid on a quarterly basis to the municipality in which they were reported,
after reduction by three percent, to reflect the difference between the
amounts reported and collected. In any year in which the difference between
amounts reported and collected is less than three percent, the excess withheld
from each municipality shall be refunded to each municipality after the close
of the fiscal year. Revenues to be paid to a municipality shall also be
reduced by the costs of administration and collection. Revenues received by a
municipality may be expended for municipal services only, and not for
educational expenditures. Any remaining revenue shall be deposited into the
PILOT special fund established by 32 V.S.A. § 3709.
Sec. 287. 32 V.S.A. chapter 123, subchapter 4B is added to read:
Subchapter 4B. Pilot Special Fund
§ 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. 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, after application of the cap in subsection 3703(c) of this title, shall be reduced proportionately.
Sec. 288. 32 V.S.A. § 168 is amended to read:
§ 168. Single audit revolving fund
(a) A
single audit revolving fund is established within the state treasury, to be
administered by the auditor of accounts, from which payments may be made for
the costs of audits performed pursuant to section 163(11) subdivisions
163(1) and (11) of this title. All monies received from charges made for
audit services under the provisions of subsection (b) of this section and sums
which may be appropriated to the fund shall be deposited in the fund. Any
balance remaining in the fund at the end of any fiscal year shall be carried
forward and remain a part of the fund.
(b) The
auditor of accounts shall charge the state department, agency, commission or
state-created authority audited for the direct and indirect costs of an audit
performed pursuant to section 163(11) subdivisions 163(1) and (11)
of this title. Costs shall be determined by the auditor of accounts and
approved by the secretary of administration.
Sec. 289. EFFECTIVE DATES
(a) This section and Secs. 215(a), 271, and 272 of this act shall take effect on passage.
The Vermont General Assembly
115 State Street
Montpelier, Vermont