Journal of the House
________________
SATURDAY, MAY 15, 1999
At nine o'clock and thirty minutes in the forenoon the Speaker called the
House to order.
Devotional Exercises
Devotional exercises were conducted by the Speaker of the House.
Bill Amended; Read the Third Time; Passed
and Messaged to the Senate Forthwith
H. 343
Rep. Little of Shelburne, for the committee on Judiciary, to which had
been referred House bill, entitled
An act relating to nonpayment of rent and termination of residential
tenancies;
Reported in favor of its passage when amended by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1. 9 V.S.A. § 4462(c) is amended to read:
(c) If any property, except trash, garbage or refuse, is unclaimed by a tenant
who has vacated a dwelling unit after a tenancy has terminated or who has
abandoned a dwelling unit, the landlord shall give written notice to the tenant
mailed to the tenant’s last known address of the tenant of the landlord's intent
that the landlord intends to dispose of the property after 60 days if the tenant
has not claimed the property and paid any reasonable storage and other fees
incurred by the landlord. The landlord shall place the property in a safe, dry,
secured location, but may dispose of any trash, garbage or refuse left by the
tenant. The tenant shall have 45 days in which to claim the property if the
property has a value of less than $1,000.00 and six months in which to claim
the property if the property has a value of $1,000.00 or more. The tenant may
claim the property by providing the landlord with the following within 60 days
after the date of the notice:
(1) A reasonable written description of the property; and
(2) Payment of the fair and reasonable cost of storage and any related
reasonable expenses incurred by the landlord.
1288
1289
SATURDAY, MAY 15, 1999
If the tenant does not claim the property within the applicable required time,
the property shall become the property of the landlord. If the tenant claims the
property within the required time, the tenant shall pay the landlord the fair and
reasonable cost of storage, including related expenses of the landlord shall
immediately make the property available to the tenant at a reasonable place
and the tenant shall take possession of the property at that time and place.
Sec. 2. 9 V.S.A. § 4467 is amended to read:
§ 4467. TERMINATION OF TENANCY; NOTICE
(a) Termination for nonpayment of rent. The landlord may terminate a
tenancy for nonpayment of rent on or after the first day of the next succeeding
rental period. The landlord shall give notice by certified mail or by having the
notice served by any law enforcement officer at least 14 days prior to the
termination date specified in the notice by providing actual notice to the tenant
of the date on which the tenancy will terminate which shall be at least 14 days
after the date of the actual notice. The rental agreement shall not terminate if
the tenant pays or tenders all arrearages prior to the termination date. A tenant
may not defeat a notice to terminate by payment of arrearages more than three
times in twelve 12 months. Acceptance of partial payment of rent shall not
constitute a waiver of the landlord's remedies for nonpayment of rent.
***
(c) Termination for no cause. In the absence of a written rental agreement,
the landlord may terminate a tenancy for no cause as follows:
(1) if rent is payable on a monthly basis, by providing actual written
notice given to the tenant of the date on which the tenancy will terminate
which shall be at least 60 days prior to the termination date specified in the
notice after the date of the actual notice;
(2) if rent is payable on a weekly basis, by providing actual written
notice given to the tenant of the date on which the tenancy will terminate
which shall be at least 21 days prior to the termination date specified in the
notice after the date of the actual notice.
(d) Termination of rental agreement when property is sold. In the absence
of a written rental agreement a landlord who has contracted to sell the building
may terminate a tenancy by providing actual notice given to the tenant of the
date on which the tenancy will terminate which shall be at least 30 days prior
to the termination date specified in the notice after the date of the actual notice.
***
JOURNAL OF THE HOUSE
1290
(h) A rental arrangement whereby a person rents to another individual one
or more rooms in his or her personal residence that includes the shared use of
any of the common living spaces, such as the living room, kitchen or
bathroom, may be terminated by either party by providing actual notice to the
other of the date the rental agreement shall terminate, which shall be at least 15
days after the date of actual notice if the rental is payable monthly and at least
seven days after the date of actual notice if the rent is payable weekly.
Sec. 3. 12 V.S.A. § 4853a(b) and (d) are amended to read:
(b) If the complaint and motion are filed at the same time, a hearing on the
motion shall be scheduled to be held 10 days after the date the answer is due.
If the motion is filed after the complaint is filed, a hearing on the motion shall
be scheduled to be held 10 days after the date the memorandum in opposition
is due A hearing on the motion shall be held any time after 10 days notice to
the parties.
(d) If the court finds the tenant is obligated to pay rent and has failed to do
so, the court shall order full or partial payment into court of rent as it accrues
while the proceeding is pending and pro-rated rent for the month in which the
hearing is held.
Sec. 4. 12 V.S.A. § 4854 is amended to read:
§ 4854. JUDGMENT FOR PLAINTIFF; WRIT OF POSSESSION
If the court finds that the plaintiff is entitled to possession of the premises
the plaintiff shall have judgment for the possession thereof and for rents not
exceeding $5,000.00 with due, damages and costs, and when a written rental
agreement so provides, the court may award reasonable attorney fees. A writ
of possession shall issue accordingly; or if the court has entered judgment for
the plaintiff on default or on a motion for summary judgment, the writ of
possession shall be issued ten days after the date judgment is entered, unless
the court for good cause orders a stay. The writ shall direct the sheriff of the
county in which the property or a portion thereof is located to serve the writ
upon the defendant and, no sooner than five days after the writ is served, to put
the plaintiff into possession.
The bill, having appeared on the Calendar one day for notice, was taken up,
read the second time, report of the Committee on Judiciary agreed to and third
reading ordered.
On motion of Rep. Freed of Dorset, the rules were suspended and the bill
placed on all remaining stages of passage. The bill was read the third time and
pending the question, Shall the bill pass? Rep. Bouricius of Burlington
demanded the Yeas and Nays, which demand was sustained by the
1291
SATURDAY, MAY 15, 1999
Constitutional number. The Clerk proceeded to call the roll and the question,
Shall the bill pass? was decided in the affirmative. Yeas, 116. Nays, 16.
Those who voted in the affirmative are:
Alfano of Calais
Allard of St. Albans Town
Anderson of Woodstock
Angell of Randolph
Atkins of Winooski
Baker of West Rutland
Barbieri of Wallingford
Barney of Highgate
Blanchard of Essex
Bourdeau of Hyde Park
Brooks of Montpelier
Brown of Walden
Buckland of Newport Town
Carmolli of Rutland City
Clark of St. Johnsbury
Cleland of Northfield
Colvin of Bennington
Crawford of Burke
Dakin of Colchester
Darrow of Newfane
Darrow of Dummerston
Deen of Westminster
Deuel of West Rutland
Dominick of Starksboro
Doyle of Richmond
Dunne of Hartland
Edwards of Swanton
Emmons of Springfield
Flaherty of South Burlington
Flory of Pittsford
Follett of Springfield
Fox of Essex
Freed of Dorset
Fyfe of Newport City
Gervais of Enosburg
Gray of Barre Town
Gretkowski of Burlington
Hathaway of Barton
Heath of Westford
Helm of Castleton
Hoag of Woodford
Houston of Ferrisburg
Howrigan of Fairfield
Hube of Londonderry
Hudson of Lyndon
Hummel of Underhill
Hyde of Fayston
Johnson of Canaan
Jordan of Middlesex
Kainen of Hartford
Keenan of St. Albans City
Kehler of Pomfret
Kinsey of Craftsbury
Koch of Barre Town
Krasnow of Charlotte
Krawczyk of Bennington
Kreitzer of Rutland City
LaBarge of Grand Isle
Larocque of Barnet
Larrabee of Danville
Lehman of Hartford
Lippert of Hinesburg
Little of Shelburne
Livingston of Manchester
Mallary of Brookfield
Marron of Stowe
Maslack of Poultney
Masland of Thetford
Mazur of South Burlington
Mazzariello of Rutland City
McGrath of Ferrisburg
McNamara of Burlington
Metzger of Milton
Milkey of Brattleboro
Miller of Shaftsbury
Milne of Washington
Molloy of Arlington
Moore of Rutland City
Neiman of Georgia
Nitka of Ludlow
Nuovo of Middlebury
O'Donnell of Vernon
Osman of Plainfield
Palmer of Pownal
Paquin of Fairfax
Parizo of Essex
Peaslee of Guildhall
Pembroke of Bennington
Perry of Richford
Pike of Mendon
Postman of Brownington
Pratt of Castleton
Quaid of Williston
Rivero of Milton
Rusten of Halifax
Schaefer of Colchester
Severance of Colchester
Sheltra of Derby
Sherman of St. Johnsbury
Smith of New Haven
Smith of Sudbury
Starr of Troy
Stevens of Newbury
Suchmann of Chester
Sweaney of Windsor
Sweetser of Essex
Symington of Jericho
Towne of Berlin
Valsangiacomo of Barre City
Vincent of Waterbury
Vinton of Colchester
Waite of Pawlet
Weiss of Northfield
Westman of Cambridge
Winters of Williamstown
Wood of Brandon
Woodward of Johnson
Those who voted in the negative are:
Aswad of Burlington
Bouricius of Burlington
Corren of Burlington
Cross of Winooski
Hingtgen of Burlington
Lafayette of Burlington
Partridge of Windham
Pugh of South Burlington
Randall of Bradford
JOURNAL OF THE HOUSE
Seibert of Norwich
Sullivan of Burlington
Tracy of Burlington
Wheeler of Burlington
Willett of St. Albans City
Wisell of Bristol
1292
Zuckerman of Burlington
Those members absent with leave of the House and not voting are:
Bristol of Brattleboro
Costello of Brattleboro
DePoy of Rutland City
Ginevan of Middlebury
Holmes of Bethel
Johnson of Canaan
Kitzmiller of Montpelier
Mackinnon of Sharon
Morrissey of Bennington
Mullin of Rutland Town
Poirier of Barre City
Richardson of Weathersfield
Robb of Swanton
Schiavone of Shelburne
Steele of Waterbury
Voyer of Morristown
Young of Orwell
On motion of Rep. Freed of Dorset, the rules were suspended and the bill
was ordered messaged to the Senate forthwith.
Recess
At ten o’clock and fifteen minutes in the forenoon, the Speaker declared a
recess until eleven o’clock and thirty minutes in the forenoon.
At eleven o’clock and thirty minutes in the forenoon, the Speaker called the
House to order.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has considered a bill
originating in the House of the following title:
H. 568. An act relating to compensation for certain state employees.
And has passed the same in concurrence.
The Senate has considered a joint resolution originating in the House of the
following title:
J.R.H. 129. Joint resolution honoring Jennifer Martin on her receipt of
both the New Hampshire High School Women’s Athletic & Academic award
and the women’s Sports Foundation Community Award for High School
sportswoman of the Year for Essex County .
And has adopted the same in concurrence.
Recess
At eleven o’clock and thirty minutes in the forenoon, the Speaker declared a
recess until one o’clock in the afternoon.
1293
SATURDAY, MAY 15, 1999
Afternoon.
At one o’clock and thirty minutes in the afternoon, the Speaker called the
House to order.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has considered a bill
originating in the House of the following title:
H. 565. An act relating to a special retirement study.
And has passed the same in concurrence with proposals of amendment in
the adoption of which the concurrence of the House is requested.
The Senate has considered the reports of the Committees of Conference
upon the disagreeing votes of the two Houses upon Senate bills of the
following titles:
S. 45. An act relating to civil rights injunctions.
S. 47. An act relating to a commission on Alzheimer’s disease and related
disorders.
And has accepted and adopted the same on its part.
The Senate has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses upon House bill of the following title:
H. 549. An act relating to miscellaneous adjustments to the state, teachers
and municipal retirement systems.
And has accepted and adopted the same on its part.
Recess
At one o’clock and thirty-one minutes in the afternoon, the Speaker
declared a recess until the fall of the gavel.
At four o’clock and thirty-five minutes in the afternoon, the Speaker called
the House to order.
House Resolution Adopted
H.R. 27
House resolution honoring Lincoln Fenn on completing 36 years as an
outstanding American history teacher at Rutland High School;
JOURNAL OF THE HOUSE
1294
Was taken up and adopted.
Joint Resolutions Adopted in Concurrence
Joint resolutions of the following titles were taken up and adopted in
concurrence;
J.R.S. 64
Joint resolution congratulating the Barre Fish and Game Club, Inc. on its
80th anniversary
J.R.S. 65
Joint resolution congratulating the St. Johnsbury Academy team on winning
the 1000 Northeast Regional Championship of “We the People … The Citizen
and the Constitution” .
Rules Suspended; Report of Committee of Conference Adopted; Action
Messaged to Senate Forthwith and Bill Delivered to Governor Forthwith
H. 549
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House bill, entitled
An act relating to miscellaneous adjustments to the state, teachers and
municipal retirement systems;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of
Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses on the bill respectfully report that they have met and
considered the same and recommend that the House accede to the Senate’s
First proposal of amendment and that the Senate recede from its Second
proposal of amendment and that the bill be further amended as follows:
First: By adding a new Sec. 14 to read as follows:
Sec. 14. 24 V.S.A. § 5070 is added to read:
§ 5070. DEFINED CONTRIBUTION RETIREMENT PLAN
The board may approve a defined contribution retirement plan for one or
more groups of members. The plan shall qualify as a defined contribution plan
under the United States Internal Revenue Code, as amended. Participation in a
defined contribution plan offered under this section shall be in lieu of
1295
SATURDAY, MAY 15, 1999
participation in any other plan established under this title. The board shall
ensure that objective educational material be prepared and presented to the
employees in order to enable them to make an informed decision, under the
assumption that each participant is an unsophisticated investor.
Second: By adding a new Sec. 15 to read as follows:
Sec. 15. GRANT
(a) Upon application made to the board of teachers’ retirement system no
later than December 31, 1999, an eligible applicant shall be entitled to receive
a grant from the teachers’ retirement system as provided by this section.
(b) To be eligible for a grant under this section, the applicant must have
(1) been a member of the teachers’ retirement system prior to July 1,
1980;
(2) ceased to be a member of the system and received a refund of his or
her contributions during the period July 1, 1980 through June 30, 1981; and
(3) had at least 20 years of total combined service as a member of group
A of the teachers’ retirement system.
(c) The total amount of the grants available under this section shall be
$80,000.00. Individual grants shall be proportionate and shall be made after
January 1, 2000.
COMMITTEE ON THE PART OF
THE HOUSE
COMMITTEE ON THE PART OF
THE SENATE
REP. DONNA SWEANEY
REP. COLA H. HUDSON
SEN. WILLIAM T. DOYLE
SEN. PETER C. BROWNELL
SEN. SARA B. KITTELL
Which was considered and adopted on the part of the House.
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
Senate Proposal of Amendment Concurred in With an
Amendment and Messaged to Senate Forthwith
H. 565
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House bill, entitled
An act relating to a special retirement study committee;
JOURNAL OF THE HOUSE
1296
Was taken up for immediate consideration.
The Senate proposes to the House to amend the bill as follows:
First: In Sec. 1, by striking out subsection (a) in its entirety and inserting
in lieu thereof a new subsection (a) to read as follows:
(a) A special retirement study committee is created for the purpose of
conducting a comprehensive review of issues related to the Vermont state
retirement system, the state teachers’ retirement system of Vermont and the
municipal employees’ retirement system of Vermont. The committee shall
consist of 7 members as follows: three members of the House, appointed by
the Speaker of the House; three members of the Senate, appointed by the
Committee on Committees of the Senate; and the Treasurer, or the Treasurer’s
designee. The committee shall elect its chair and clerk.
Second:
In Sec. 1, in subsection (b) by adding a new subdivision to be
numbered subdivision (4) to read as follows:
(4) Review and evaluate the issue of retired state employees receiving
recognition, including, but not limited to, compensation for military service to
their country during the periods of June 25, 1950 – January 31, 1955 and
August 5, 1964 – May 7, 1975.
Pending the question, Shall the House concur in the Senate proposal of
amendment? Rep. Kreitzer of Rutland City moved that the House concur
with the Senate proposal of amendment with an amendment thereto, as
follows:
First: In Sec. 1, subsection (a), by striking the words “seven members” and
inserting in lieu thereof the following: “nine members”, and by striking the
words “three members” each time they appear and inserting in lieu thereof in
each instance the following: “four members”
Second: In Sec. 1, subsection (d), by striking the words “seven meetings”
and inserting in lieu thereof the following: “eight meetings”
Which was agreed to.
On motion of Rep. Freed of Dorset, the rules were suspended and the bill
was ordered messaged to the Senate forthwith.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
1297
SATURDAY, MAY 15, 1999
I am directed to inform the House that the Senate has considered a joint
resolution originating in the House of the following title:
J.R.H. 124. Joint resolution establishing a task force on truancy and safe
learning environments.
And has adopted the same in concurrence with proposals of amendment in
the adoption of which the concurrence of the House is requested.
The Senate has considered a bill originating in the House of the following
title:
H. 363. An act relating to fees.
And has passed the same in concurrence with proposal of amendment in the
adoption of which the concurrence of the House is requested.
The Senate has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses upon House bill of the following title:
H. 552. An act relating to the duties of magistrates
And has accepted and adopted the same on its part.
Report of Committee of Conference Adopted; Action Messaged
to Senate Forthwith and Bill Delivered to Governor Forthwith
H. 552
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House bill, entitled
An act relating to the duties of magistrates;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of
Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses respectfully reports that it has met and considered the same
and recommended that the Senate recede from its proposal of amendment and
that the bill be amended by striking all after the enacting clause and inserting
in lieu thereof the following:
Sec. 1. PURPOSE
The legislature has declared as public policy, in section 650 of Title 15, that
it is in the best interests of children to have the opportunity for maximum
continuing physical and emotional contact with both parents, unless direct
JOURNAL OF THE HOUSE
1298
physical harm or significant emotional harm to the child or a parent is likely to
result from such contact. The purpose of this act is to further that policy by
assisting parents to modify or enforce parent-child contact schedules in a
timely manner in the best interests of the child. The act therefore gives
magistrates concurrent jurisdiction over postjudgment parent-child contact
disputes.
Sec. 2. 4 V.S.A. § 461 is amended to read:
§ 461. OFFICE OF MAGISTRATE; JURISDICTION; SELECTION; TERM
(a) The office of magistrate is created within the family court. The Except
as provided in section 463 of this title, the office of magistrate shall have
jurisdiction concurrent with the family court to hear and dispose of the
following cases:
(1) proceedings Proceedings for the establishment, modification and
enforcement of child support; and .
(2) cases Cases arising under the Uniform Reciprocal Enforcement of
Interstate Family Support Act; and .
(3) child Child support in parentage cases after parentage has been
determined; and .
(4) cases Cases arising under section 5533 of Title 33, when delegated
by the family court.
(5) Proceedings to establish, modify or enforce temporary orders for
spousal maintenance in accordance with sections 594a and 752 of this title.
(6) Proceedings to modify or enforce temporary or final parent-child
contact orders issued pursuant to this title.
(b) A magistrate shall be an attorney admitted to practice in Vermont with
at least four years of general law practice. Magistrates shall be nominated,
appointed and confirmed in the manner of superior judges.
(c) The term of office of a magistrate shall be six years. Any appointment
to fill a vacancy shall be for the unexpired portion of the term vacated. A
magistrate may be reappointed by the governor under this section without
review by the judicial nominating board, but a reappointment shall require the
consent of the senate.
(d) Magistrates shall be exempt employees of the judicial branch, subject to
the Code of Judicial Conduct, and shall devote full time to their duties. The
supreme court shall prescribe training requirements for magistrates.
1299
SATURDAY, MAY 15, 1999
(e) A magistrate shall have received training on the subject of parent-child
contact before being assigned to hear and determine motions filed pursuant to
subdivision (a)(6) of this section.
(f) [Repealed.]
Sec. 3. 12 V.S.A. § 7112(a) is amended to read:
(a) The Windsor county youth court shall terminate its operations on June
30, 1999 2001.
Sec. 4. PLAN FOR IMPROVING LAW ENFORCEMENT SERVICES IN
RURAL COMMUNITIES
The department of public safety, in consultation with the Vermont
Constables Association, the Vermont Sheriffs’ Association, the Vermont
Police Association, the Chiefs of Police Association of Vermont, the Criminal
Justice Training Council, the law enforcement division of the Department of
Fish and Wildlife, the state’s attorneys, the attorney general, and the defender
general shall study and evaluate the law enforcement needs of rural
communities in Vermont. The study shall include the following:
(1) An evaluation of the current system of delivering law enforcement
services to rural communities and the adequacy of such services.
(2) The advisability, including the advantages and disadvantages, of
modifying the law enforcement authority of constables.
(3)
A plan for improving law enforcement services in rural
communities.
(4) Whether the Vermont state police outpost program should be
expanded.
(5) A plan for improving enforcement of the state’s civil rights laws.
The department shall report its findings and plan to the Senate and House
Committees on Judiciary and Government Operations on or before
November 15, 1999.
Sec. 5. STUDY
The Defender General’s Office, a designee of the executive committee of
the Department of State’s Attorneys, the Attorney General, and the Court
Administrator shall study and report to the House and Senate Committees on
Judiciary on or before January 15, 2000, on the advisability, including the
advantages and disadvantages of giving a state’s attorney the right to dismiss a
civil or criminal action commenced by the state at any time prior to final
JOURNAL OF THE HOUSE
1300
judgment and authorizing the state to move to vacate a final judgment for
cause or in the interest of justice.
Sec. 6. STUDY AND REPORT
The defender general, the assigned counsel coordinator in the office of the
defender general, the executive director of the state’s attorneys department, the
legal counsel to the governor, the executive director of the Vermont Bar
Association, the attorney general, and a judge or justice or a retired judge or
justice, appointed by the chief justice, shall study the structure of and funding
for the office of the defender general and ways to improve services to its
clients. The judge or justice shall be chair of the study group and shall call the
first meeting. The study shall include a review of the structure and funding of
public defender services in Vermont and in other states, and innovative models
for organizing and delivering public defender services. The study group shall
report its findings and recommendations to the House and Senate Committees
on Judiciary, Appropriations, and Government Operations on January 15,
2000.
Sec. 7. SUNSET
4 V.S.A. § 461(a)(6) shall expire on July 1, 2001.
Sec. 8. REPORT
The administrative judge shall report to the House and Senate Committees
on Judiciary on or before January 15, 2001 on the impact of extending
concurrent jurisdiction to magistrates pursuant to 4 V.S.A. § 461(a)(6).
COMMITTEE ON THE PART OF
THE SENATE
COMMITTEE ON THE PART OF
THE HOUSE
SEN. DICK SEARS
SEN. JOHN BLOOMER, JR.
SEN. RICHARD MCCORMACK
REP. THOMAS A. LITTLE
REP. WILLIAM J. LIPPERT, JR.
REP. DIANE CARMOLLI
Which was considered and adopted on the part of the House.
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
Senate Proposal of Amendment Not Concurred in;
Committee of Conference Requested and Appointed and
Messaged to the Senate Forthwith
H. 363
The Senate proposes to the House to amend House bill, entitled
1301
SATURDAY, MAY 15, 1999
An act relating to fees;
By striking out all after the enacting clause and inserting in lieu thereof the
following:
Sec. 1. 31 V.S.A. § 654a is added to read:
§654a. MULTISTATE BIG GAMES
The commissioner shall negotiate and contract with the multi-state lottery
corporation, or any other appropriate organization, to offer and provide one of
the following:
(1) national “powerball game”;
(2) the “multi-state big game”; or
(3) any other large multi state lottery game.
Sec. 2. EFFECTIVE DATE; APPLICABILITY
This act shall take effect July 1, 1999, but no binding contract shall be
executed for any multi state big game authorized under subsection (a), and no
game may be authorized in the state under that subsection, until after June 30,
2002.
That the title of the bill be amended to read as follows:
AN ACT RELATING TO POWERBALL.
Pending the question, Will the House concur in the Senate proposal of
amendment? Rep. Valsangiacomo of Barre City moved that the House refuse
to concur and ask for a Committee of Conference, which was agreed to, and
the Speaker appointed as members of the Committee of Conference on the part
of the House:
Rep. Valsangiacomo of Barre City
Rep. Freed of Dorset
Rep. Tracy of Burlington
On motion of Rep. Freed of Dorset, the rules were suspended and the bill
was ordered messaged to the Senate forthwith.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
JOURNAL OF THE HOUSE
1302
I am directed to inform the House that pursuant to the request of the House
for a Committee of Conference on the disagreeing votes of the two Houses on
House bill entitled:
H. 363. An act relating to fees.
The President has appointed as members of such Committee on the part of
the Senate:
Senator Rivers
Senator Shumlin
Senator Greenwood
Joint Resolution Adopted
J.R.H. 130
Reps. Tracy of Burlington and Freed of Dorset offered a joint resolution,
entitled
Joint resolution relating to final adjournment of the General Assembly in
1999;
Resolved by the Senate and House of Representatives
That when the President of the Senate and the Speaker of the House of
Representatives adjourn their respective houses on the fifteenth day of May
A.D., 1999, they shall do so to reconvene no later than the eighth day of June,
A.D., 1999, at ten o’clock in the forenoon if the Governor should fail to
approve and sign any bill and should he return it to the house of origin with his
objections in writing after such adjournment, or to reconvene no later than the
fourth day of January, A.D., 2000, at ten o’clock in the forenoon, if the
Governor should not so return any bill to either house.
Which was read and adopted on the part of the House.
Recess
At five o’clock in the afternoon, the Speaker declared a recess until the fall
of the gavel.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has considered House
proposal of amendment to Senate proposal of amendment to House bill of the
following title:
1303
SATURDAY, MAY 15, 1999
H. 565. An act relating to a special retirement study.
And has concurred therein.
The Senate has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses upon House bill of the following title:
H. 158. An act relating to litter enforcement and, municipal recycling
services.
And has refused to accept and adopt the same and requests that a second
committee of conference be appointed.
The President has appointed as members of a Second Committee of
Conference on the part of the Senate:
Senator Ready
Senator MacDonald
Senator Riehle
The Senate has considered the report of the Committee of Conference upon
the disagreeing votes of the two Houses upon House bill of the following title:
H. 365. An act relating to the Vermont prescription drug pricing and
consumer protection program
And has accepted and adopted the same on its part.
Evening
At six o’clock and thirty minutes in the evening, the Speaker called the
House to order.
Second Committee of Conference Appointed
H. 158
Pursuant to the request of the Senate for a Second Committee of Conference
on the disagreeing votes of the two Houses on House bill, entitled
An act relating to litter enforcement and municipal recycling services;
The Speaker appointed as members of the Second Committee of
Conference on the part of the House:
Rep. Sullivan of Burlington
Rep. Angell of Randolph
Rep. Nuovo of Middlebury
JOURNAL OF THE HOUSE
1304
Rules Suspended; Report of Committee of Conference Adopted;
Action Messaged to Senate and Bill Delivered to the Governor
H. 365
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House bill, entitled
An act relating to Vermont prescription drug pricing and consumer
protection program;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of
Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses on the bill respectfully reports that it has met and considered
the same and recommends that the Senate recede from its proposal of
amendment, and that the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1. PRESCRIPTION DRUG COST STUDY
(a) The legislative health access oversight committee shall report to the
general assembly on or before January 1, 2000 with its analysis and
recommendation for implementation of a program that would enable the
citizens of Vermont to purchase necessary prescription drugs at the lowest
possible price, to ensure access to such prescription drugs and to support
Vermont pharmacies. Prices shall, to the greatest extent possible, be
comparable to the manufacturer’s “best prices” and price schedules agreed to
with federal agencies and other nations.
(b) The report shall analyze the effectiveness of a range of options for
achieving these goals, including:
(1) a regulatory structure to set maximum prices;
(2) a prescription drug purchasing pool to lower prices by increasing the
negotiating power of Vermont consumers; and
(3) any other options for achieving the purposes of this act.
(c) The report may include draft legislation designed to implement the
recommendations of the committee. It is the intention of the General
Assembly that legislation acting upon the report of the committee be enacted
during the year 2000 Session.
1305
SATURDAY, MAY 15, 1999
(d) The committee is authorized to contract for economic, legal and other
expertise to assist the committee in its work under this section.
Notwithstanding any other provision of law, all or a portion of the monies
appropriated to the committee pursuant to Sec. 105 of Act No. 1 of the 1999
General Assembly may be used to carry out the purposes of this act.
Sec. 2. 33 V.S.A. § 1996 is added to read:
§ 1996. VERMONT PRESCRIPTION DRUG PRICING AND CONSUMER
PROTECTION PROGRAM
On or before July 1, 2000 the commissioner of social welfare shall
commence administration of a system designed to enable the citizens of
Vermont to purchase necessary prescription drugs at the lowest possible price,
to ensure access to such prescription drugs, and to support Vermont
pharmacies, consistent with the timeframes, standards and procedures
established by the general assembly.
COMMITTEE ON THE PART OF
THE HOUSE
COMMITTEE ON THE PART OF
THE SENATE
REP. PAUL N. POIRIER
REP. ANN D. PUGH
REP. MALCOLM F. SEVERANCE
SEN. HELEN S. RIEHLE
SEN. BEN-ZION PTASHNIK
SEN. RICHARD W. SEARS
Which was considered and adopted on the part of the House.
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
Favorable Report; Read and Adopted on the Part of the House
H.R. 15
Rep. Brooks, for the Committee on Appropriations, to which had been
referred House resolution, entitled
House resolution relating to a committee to study Act 250 as it reaches 30
years of age;
Reported in favor of its passage, was read and adopted on the part of the
House.
House Resolution Rejected
H.R. 28
Rep. Fox of Essex, for the committee on Appropriations, offered a House
resolution, entitled
JOURNAL OF THE HOUSE
1306
House resolution relating to tax shifting options;
Resolved by the House of Representatives:
That a joint House study committee be created to study revenue-neutral tax
shifting options that support a strong economy by encouraging job creation or
lowering business or personal taxes while encouraging efficient use and
recycling of natural resources, reducing or preventing pollution, preserving
open space and encouraging or strengthening historic settlement patterns. The
committee’s investigation shall include, but not be limited to, tax shifting
options included in the 1998 report of the department of public service, titled
“Fueling Vermont’s Future: Comprehensive Energy Plan and Greenhouse Gas
Action Plan,” and shall focus on recommendations discussed in the sections
titled “Use Energy Taxation to Meet Vermont’s Energy Goals” and
“Internalize Costs of Transportation More Fully through Transportation
Energy Taxation.” For each revenue-neutral tax shifting option considered, the
committee shall assess the impact on employment in Vermont and whether the
tax shift is progressive or regressive.
(2) That the committee shall be comprised of eight members of the
House, not all from the same political party, appointed by the Speaker: two
each from the Committee on Natural Resources and Energy and the Committee
on Transportation and two from the Committee on Ways and Means
(3) That the legislative council, the joint fiscal office, the public
service department, the department of taxes, and other state agencies requested
by the committee shall provide staff support to the committee.
(4) That the committee shall meet up to six times, and that committee
members shall be entitled to compensation and expenses, as provided in
section 406 of Title 2
(5)
That the committee shall submit a report of its findings,
recommendations, and draft legislation that it deems necessary to implement
any recommendation by the committee to the general assembly by January 5,
2000, and on that date shall cease to exist.
Which was read and rejected on the part of the House on a Division vote.
Yeas, 56. Nays, 62.
Senate Proposal of Amendment Concurred in With An Amendment
and Messaged to Senate Forthwith
J.R.H. 124
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and Joint resolution, entitled
1307
SATURDAY, MAY 15, 1999
Joint resolution establishing a task force on truancy and safe learning
environments;
Was taken up for immediate consideration.
The Senate proposes to the House to amend the resolution as follows:
First: After the second whereas clause, by adding three new clauses to read
as follows:
Whereas, Vermont has seen a large increase in youths under age 22
incarcerated, and
Whereas, nearly 75% of those incarcerated in Vermont have been
convicted of violent crimes, and
Whereas, the incidence of violence among our country’s youth both in
and outside schools has become a subject of increased concern and as noted in
the Department of Education’s Annual Report on School Safety all too
frequently community violence spills over into our schools, and
Second: By striking out all of the resolved clauses in their entirety and
inserting in lieu thereof the following:
Resolved: That there is created a study committee on truancy and safe
learning environments, to consist of three members of the House appointed by
the Speaker of the House and three Senate members appointed by the
Committee on Committees. The members of the Committee shall be entitled
to a per diem and expenses pursuant to 2 V.S.A. §406, and may hold up to six
meetings.
The Committee shall hear from at least the following:
Department of Education;
Department of Developmental and Mental Health Services;
Department of Corrections;
Department of Social and Rehabilitation Services;
Department of Public Safety;
the Court Administrator;
local School Boards;
school Administrators;
teachers;
parents;
JOURNAL OF THE HOUSE
1308
students;
local and Regional Human Services Agencies;
local Law Enforcement Agencies; and
fish and Wildlife Groups, and be further
Resolved: That the legislative council, commissioner of education and
secretary of human services shall provide staff services to the Committee. The
Committee may appoint a subcommittee on truancy, whose members need not
be members of the General Assembly, which may hold up to four meetings,
and be it further
Resolved: That the Committee shall develop and recommend:
(1) A comprehensive state policy on alternative educational services,
including community-based human services residential settings, for students
who may be disruptive to the maintenance of a safe learning environment in a
Vermont school, including those students who have been suspended or
expelled on a long-term basis and those who are at risk of dropping out of
school. In developing its recommendations, the Committee shall inventory
current alternative educational settings or therapeutic services, identifying the
best practices, including reintegration strategies. Further, the Committee shall
consider the need for statutory change to enable appropriate exchange of
information on students, without significant intrusion into the privacy of the
students and consistent with federal law, in order to ensure timely interventions
for students in need of alternative educational or other services and to protect
students and staff from potentially violent students.
(2) A plan to revise and strengthen Vermont’s compulsory attendance
laws in order to provide an efficient, economical and responsive compulsory
attendance system. To accomplish this directive, the subcommittee on truancy,
whose members shall be entitled to a per diem and expenses pursuant to 32
V.S.A. §1010, shall:
(A) consider the decriminalization of truancy through the use of
small claims courts, the judicial bureau or an administrative hearing officer
system,
(B) consider giving the tribunal which hears truancy cases authority
over both parents and children in order to enable issuing of realistic fines or
orders tailored to the particular reasons each student is truant, and
(C) review truancy reform models from other jurisdictions, and be it
further
Resolved:
That the Committee shall present its recommendations,
including recommendations on truancy and on youth violence at and away
1309
SATURDAY, MAY 15, 1999
from school in the form of legislation, to the senate and house committees on
education on or before January 15, 2000.
And that upon adoption the title be amended to read as follows:
JOINT RESOLUTION ESTABLISHING A COMMITTEE ON YOUTH
VIOLENCE, ON TRUANCY, AND SAFE LEARNING ENVIRONMENTS.
Pending the question, Shall the House concur in the Senate proposal of
amendment? Rep. Doyle of Richmond moved that the House concur with the
Senate proposal of amendment with the following amendment thereto:
First: By striking the second and third resolved clauses and inserting in lieu
thereof three new resolved clauses to read:
Resolved: That the legislative council shall provide staff services to the
committee and that the legislative council, commissioner of education and
secretary of human services shall provide staff services to the subcommittees,
and be it further
Resolved: That the committee shall appoint a subcommittee on truancy
which may meet up to four times and whose members shall be one senator who
is a member of the committee, one representative who is a member of the
committee, the commissioner of education or designee, the commissioner of
social and rehabilitation services or designee, the commissioner of public
safety or designee, the court administrator or designee and a representative of
each of the following chosen by the commissioner of education: school boards,
school administrators, teachers, parents, students, local and regional human
service agencies and local law enforcement. The student representative shall
be a high school student who is a least 16 years old and who shall be chosen
from names submitted by the principals association. Members of the
subcommittee shall be entitled to a per diem and expenses pursuant to 32
V.S.A. §1010 or 2 V.S.A. § 406 as appropriate. The subcommittee shall
recommend a plan to revise and strengthen Vermont’s compulsory attendance
laws in order to provide an efficient, economical and responsive compulsory
attendance system which shall consider:
(A) the decriminalization of truancy through the use of small claims
courts, the judicial bureau or an administrative hearing officer system,
(B) giving the tribunal which hears truancy cases authority over both
parents and children in order to enable issuing of realistic fines or orders
tailored to the particular reasons each student is truant, and
(C) truancy reform models from other jurisdictions, and be it further
JOURNAL OF THE HOUSE
1310
Resolved: That the committee shall appoint a subcommittee on alternative
learning environments which may meet up to four times and whose members
shall be one senator who is a member of the committee, one representative
who is a member of the committee, the commissioner of education or designee,
commissioner of developmental and mental health services or designee, the
commissioner of social and rehabilitation services or designee, commissioner
of public safety or designee, a representative of the Vermont Coalition of
Residential Program, a representative of the Vermont Coalition for Disability
Rights, and a representative of each of the following chosen by the
commissioner of education: school boards, school administrators, teachers,
parents, students, and local and regional human service agencies. The student
representative shall be a high school student who is a least 16 years old and
who shall be chosen from names submitted by the principals association. The
subcommittee members shall be entitled to a per diem and expenses pursuant
to 32 V.S.A. §1010 or 2 V.S.A. § 406 as appropriate. The subcommittee shall
develop and recommend to the committee a comprehensive state policy on
alternative educational services, including community-based human services
residential settings, for students who may be disruptive to the maintenance of a
safe learning environment in a Vermont school, including those students who
have been suspended or expelled on a long-term basis and those who are at risk
of dropping out of school. In developing its recommendations, the
subcommittee shall inventory current alternative educational settings or
therapeutic services, identifying the best practices, including reintegration
strategies. Further, the subcommittee shall consider the need for statutory
change to enable appropriate exchange of information on students, without
significant intrusion into the privacy of the students and consistent with federal
law, in order to ensure timely interventions for students in need of alternative
educational or other services and to protect students and staff from potentially
violent students, and be it further,
Second: In the last resolved clause following the word “truancy” by
inserting the words “, alternative educational services,”
Which was agreed to.
On motion of Rep. Freed of Dorset, the rules were suspended and the Joint
resolution was ordered messaged to the Senate forthwith.
Recess
At seven o’clock in the evening, the Speaker declared a recess until eight
o’clock in the evening.
At eight o’clock and thirty minutes in the evening, the Speaker called the
House to order.
1311
SATURDAY, MAY 15, 1999
Report of Committee of Conference Adopted; Action Messaged to Senate
Forthwith and Bill Delivered to Governor Forthwith
H. 548
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
LaBarge of Grand Isle, the rules were suspended and House bill, entitled
An act relating to equal education opportunity omnibus act;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of
Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses respectfully reports that it has met and considered the same
and recommends that the House accede to the Senate proposal of amendment
and that the bill be further amended:
First: By striking Sec. 97 (Multi State Big Games) in its entirety.
Second: By striking Secs. 88 and 89 (Yankee Taxation) and by inserting
new Secs. 88, 89, 89a and 89b to read:
Sec. 88. 32 V.S.A. § 8661 is amended to read:
§ 8661. TAX LEVY
(a) There is hereby assessed upon electric generating plants constructed in
the state by any electric utility subsequent to July 1, 1965, and having a name
plate generating capacity of 200,000 kilowatts, or more, a state tax of 3.5 2.75
percent of the appraised value thereof, obtained and established as hereinafter
provided. For purposes of this section, “electric generating plant” shall not
include real property on land which is not contiguous with any parcel upon
which the generating structure is located. The tax imposed by this section shall
be paid to the commissioner in equal quarterly installments by the person or
corporation then owning or operating such electric generating plant.
(b) The commissioner shall appraise such electric generating plants
acquired, constructed or used by an electric public utility and located within
this state at its original cost less depreciation as required to be reported to the
public service board for rate regulation purposes.
(c) A person or corporation failing to make returns or pay the tax imposed
by this section within the time required shall be subject to and governed by the
provisions of sections 5868, 5869, 5873 and 5875 of this title.
JOURNAL OF THE HOUSE
1312
Sec. 89. 32 V.S.A. § 5402a is added to read:
§ 5402a. ELECTRIC GENERATING PLANT EDUCATION PROPERTY
TAX
There is assessed for the fiscal year July through June upon any operating
electric generating plant subject to the tax under chapter 213 of this title, an
education property tax at a rate of two percent of the most recent appraised
value of the plant as established under section 8661 of this title. The tax shall
be paid to the commissioner of taxes by the person or corporation then owning
or operating such electric generating plant, one-half on December 1 and onehalf on June 1 each year, for deposit into the education fund. A person or
entity failing to make returns or pay the tax imposed by this section within the
time required shall be subject to and governed by the provisions of 3202, 3203,
5868 and 5873 of this title.
Sec. 89a. Sec. 50a of No. 60 of the Acts of 1997, as amended by Sec. 8a of
No. 71 of the Acts of 1998 is amended to read:
Sec. 50a. LIMITATION ON EDUCATION PROPERTY TAXATION OF
CERTAIN ELECTRIC GENERATING PLANTS
Notwithstanding any provisions of this act or local law to the contrary, in
1998 for fiscal year 2000 and after:
(1) A municipality may assess upon any operating electric generating
plant subject to the tax under chapter 213 of Title 32 an education property tax.
The tax rate shall not exceed the education property tax rate assessed on such
property in fiscal year 1997. The tax shall be assessed on the municipal grand
list value of such property, but in no event shall the education property tax
assessment exceed the education property tax assessed on such property in
fiscal year 1997.
(2) A municipality which has upon its grand list an operating electric
generating plant subject to the tax under chapter 213 section 5402a of Title 32,
shall be subject to the education property tax under chapter 135 of Title 32 at
one-half the rate provided in section 5402(a) of Title 32; and
***
Sec. 89b. YANKEE: REPEAL AND EFFECTIVE DATES
(a) 32 V.S.A. § 8662 (electric generating tax deduction) is repealed
effective January 1, 2000.
(b) Sec. 88 (electric generating tax) of this act is effective January 1, 2000;
Secs. 89 and 89a (electric generating plant education property tax) are effective
for fiscal years 2000 and after.
1313
SATURDAY, MAY 15, 1999
Third: By striking Sec. 40 (Yield Pool Appropriations), and by inserting
new Sec. 40 to read:
Sec. 40. YIELD POOL ALLOCATIONS
(a) For fiscal year 2000, there is allocated within the education fund for the
purposes of the yield pool under section 4027 of Title 16 the amount of
$36,000,000.00, plus any additional amount necessary to assure a yield of at
least $40.00.
(b) For fiscal year 2001, there is allocated within the education fund for the
purposes of the yield pool under section 4027 of Title 16 the amount of
$36,000,000.00, plus any additional amount necessary to assure a yield of at
least $40.00.
Fourth: In Sec. 11 (homestead valuation) in 32 V.S.A. § 6066(a)(1)(A), by
striking “$175,000.00” and inserting in lieu thereof “$160,000.00”
Fifth: By striking Secs. 12 and 13 (additional property tax exemption for
seniors) in their entirety
Sixth: By striking Sec. 14, §6062(c)(4).
Seventh: By inserting a new Sec. 40b to read:
Sec. 40b TRANSPORTATION APPROPRIATION
In addition to any other appropriations in the FY 2000 Appropriations
Act (H. 554) there is appropriated from the education fund in fiscal year 2000
the amount of $800,000.00 for reimbursement of transportation expenditures
pursuant to Sec. 22(b) of No. 60 of the Acts of 1997 as amended by Sec. 98 of
No. 71 of the Acts of 1998.
Eighth: By inserting a new Sec. 3a to read:
Sec. 3a. SMALL SCHOOLS STUDY
During the 2000 Legislative Session the House and Senate Committees on
Education may review the small schools support grant program to ensure that it
adequately protects and enhances the viability of small schools in Vermont.
Ninth: By inserting a new Sec. 40c to read:
Sec. 40c. SCHOOL CONSTRUCTION; LEGISLATIVE PURPOSE
It is the intent of the General Assembly and the Governor that in fiscal year
2001 the total appropriation for school construction assistance shall be at least
$16,000,000.00. Of this amount at least $6,000,000.00 is to be from the
education fund. The appropriation from the education fund shall be funded
JOURNAL OF THE HOUSE
1314
$2,000,000.00 from revenues forecasted as of May 15, 1999. The remainder
shall be funded or offset from the following sources:
(1) School construction appropriations made from fiscal year 1999
surplus pursuant to section 267(b) of H. 554 of 1999, the FY 2000
Appropriations Act;
(2) Dedication of general fund direct applications in fiscal year 2000 or
2001;
(3) Differences between actual expenditures and current estimated
expenditures for income sensitivity payments from the education fund;
(4) Inclusion in the fiscal year 2001 capital construction act; or
(5) An increase in the general fund contribution to the education fund
from the statutory level of increase of 2.8 percent to 3.3 percent for fiscal year
2001.
Tenth: By striking Sec. 34 (sales tax, clothing and footwear exemption) and
by inserting new Secs. 34 and 34a to read:
Sec. 34. 32 V.S.A. §9741 (45) is added to read:
(45) Each article, with a purchase price of $110.00 or less, of clothing
intended to be worn or carried on or about the human body, excluding
footwear and excluding special clothing designed primarily for athletic activity
or protective use and not normally worn except when so used.
Sec. 34a. 32 V.S.A. §9741 (45) is amended to read:
(45) Each article, with a purchase price of $110.00 or less, of clothing
intended to be worn or carried on or about the human body, excluding
including footwear and but excluding special clothing or footwear designed
primarily for athletic activity or protective use and not normally worn except
when so used.
Eleventh: In Sec. 38 (effective dates), by striking subsection (m) and by
inserting a new subsection (m) to read:
(m) Sec. 34 (sales tax exemption for clothing) shall apply to sales and uses
on and after December 1, 1999. Sec. 34a (sales tax exemption for clothing
and footwear) shall apply to sales and uses on and after July 1, 2001. The
exemption from the sales tax for clothing or footwear shall not apply to any
local option tax which a town may enact pursuant to 24 V.S.A. §138(b)(1).
Twelfth: By striking Sec. 37 (prebate checks and true-up) and inserting in
lieu thereof new Secs. 37 and 37a to read:
Sec. 37. 32 V.S.A. § 6066a(a) is added to read:
1315
SATURDAY, MAY 15, 1999
§ 6066a. PAYMENT OF PROPERTY TAX ADJUSTMENTS
(a) Preliminary tax adjustment. Annually, the commissioner shall pay to
each claimant the excess, if any, of the property tax on the homestead for the
fiscal year over the adjusted property tax of the claimant for the fiscal year, as
determined under section 6066(a)(1), (2) and (3) of this title. The payment
shall be made by the latest of: July 1, for claims filed by April 15; 45 days
after the claim is filed, for claims filed after April 15; or 30 days prior to the
first education property tax installment date for the claimant’s municipality in
the fiscal year which begins in the calendar year in which the claim is filed
under section 6068 of this title. The preliminary tax adjustment amount
determined under this subsection shall be the “subsection (a) amount”.
Sec. 37a. 32 V.S.A. § 6066a(b) is added to read:
(b) Final property tax adjustment. In order to correct the preliminary tax
adjustment, so that it equals the full income sensitivity property tax adjustment
due to the claimant for the prior year, a final property tax adjustment is made
as follows:
(1) A claimant shall also be entitled to a credit against his or her
income tax liability under chapter 151 of this title. The amount of the credit
shall be the excess, if any, of the subsection (a) amount for the current claim
year over the subsection (a) amount paid in the prior year. If the credit exceeds
the income tax liability, the difference shall be paid to the claimant, without
interest.
(2) The claimant shall pay to the commissioner the excess, if any, of
the subsection (a) amount paid in the prior year over the subsection (a) amount
for the current claim year. The payment under this subdivision shall be due on
or before the due date for filing the Vermont income tax return, with extension,
and shall be subject to the enforcement and collection provisions of chapter
151 of this title, and shall bear interest at the rate determined under section
3108 of this title from the due date for the income tax return, without
extension. Any income tax refund due to a taxpayer shall be reduced by any
amount owed by the taxpayer under this subdivision.
Thirteenth: By relettering current Sec. 38(p) as Sec. 38(r) and by adding
new subsections 38(p) and (q) to read:
(p) Sec. 37 (adding 32 V.S.A. § 6066a(a)) shall take effect January 1, 2000.
(q) Sec. 37a (adding 32 V.S.A. § 6066a(b)) shall take effect January 1,
2001.
JOURNAL OF THE HOUSE
1316
Fourteenth: By striking Sec. 33 (repeal of Joint Legislative Oversight
Committee on Restructuring Education), and by inserting a new Sec. 33 to
read:
Sec. 33 JOINT LEGISLATIVE
RESTRUCTURING EDUCATION
OVERSIGHT
COMMITTEE
ON
Section 90 of No. 60 of the Acts of 1997, establishing the Joint Legislative
Oversight Committee on Restructuring Education, is repealed effective January
1, 2000, and thereafter any duties assigned to the committee, or any studies
required to be made by or submitted to the committee, shall be assigned to,
made by or submitted to the appropriate stranding committees of the General
Assembly.
Fifteenth : By striking Sec. 23 (hydro facility appraisals), and by inserting a
new Sec. 23 to read:
Sec. 23. EXTENSION, VALUATION
OF
GENERATING FACILITIES DURING TRANSITION
HYDROELECTRIC
(a) It is the intention of the General Assembly to provide additional time for
the owners of hydroelectric generating facilities and the municipalities in
which they are located to more accurately determine the fair market value of
these special and unique utility assets in a changing and deregulated utility
market, for greater coordination with and assistance from the Department of
Taxes, to permit expert independent appraisals, and to facilitate and continue
negotiations regarding determination of fair market values. Therefore, the
provisions of Sec. 78 of Act No. 71 of the 1997 Adjourned Session,
establishing the value of hydroelectric generating facilities as the grand list
value of such facilities on April 1, 1997, shall be extended and shall be the
value of such facilities until June 30, 2000.
(b) This section, relating to the extension of the appraisal value of
hydroelectric facilities, shall take effect from passage.
Sixteenth: By striking Sec. 39 (Appraisal assistance) and by inserting a new
Sec. 39 to read:
Sec. 39. HYDROELECTRIC APPRAISALS; ASSISTANCE TO LISTERS
(a) Contract appraiser. The director of the Division of Property Valuation
and Review shall contract for and retain the services of an appraiser or
appraisal firm with special expertise in hydroelectric utility appraisals for the
purpose of appraising up to eight hydroelectric facilities owned by USGenNE
located on the Connecticut and Deerfield Rivers. There is appropriated for
fiscal year 2000 to the Division of Property Valuation and Review from the
general fund an amount not to exceed $225,000.00 for this purpose. Any funds
1317
SATURDAY, MAY 15, 1999
not expended for this purpose in fiscal year 2000 shall not revert but carry over
for expenditure for this purpose in fiscal year 2001.
(b) Staff appraiser. One permanent position is authorized in the Division of
Property Valuation and Review for an industrial and commercial appraiser to
assist towns with commercial and industrial appraisals as assigned by the
director. Priority shall be given to assisting towns with utility appraisal needs.
There is appropriated for fiscal year 2000 from the general fund to the Division
of Property Valuation and Review the amount of $75,000.00 for this purpose.
(c) In the event that the taxable value after the expiration of the extension of
established grand list values in Sec. 23 of this act is more than or less than the
value established by that section, then any resulting adjustments in the taxable
value of such property shall be phased in over the following period of years,
not to exceed ten, until the full taxable value is reached. This subsection shall
not prevent any other lawful adjustments to the valuation of hydroelectric
facilities that may be required during the phase in period.
(d) This section shall take effect July 1, 1999.
Seventeenth: By inserting a new Sec. 37c (removal of cap on employer
training credit) to read:
Sec. 37b. 32 V.S.A. § 5930t(c) is amended to read:
(b) A credit for training expenses associated with providing training to any
individual employee may be claimed under this section only once by an
employer in one taxable year. In any taxable year the total amount of training
tax credits granted to all employers under this section shall not exceed
$50,000.00. If in any taxable year claims for credits exceed $50,000.00, the
commissioner shall first grant credits based upon the earliest date of
application, and any credit not granted to an employer in any taxable year may
be claimed by the employer in the immediately following taxable year.
Eighteenth: By inserting new Secs. 96a and 96b to read:
Sec. 96a.
VERMONT ECONOMIC PROGRESS COUNCIL; FY 2000
AUTHORIZATIONS
(a) Tax Stabilization and Property Tax Exemption Allocations. In fiscal
year 2000, no new amount of authorization is granted to Vermont Economic
Progress Council to approve applications under subdivisions (b)(1), (4) and (5)
of section 5930a of Title 32.
Any unused balance of the $300,000.00
authorization granted for this purpose in fiscal year 1999 by Sec. 56(a) of Act
No. 71 of the 1997 Adjourned Session shall carry forward and may be
allocated by the Council for this purpose in fiscal year 2000.
JOURNAL OF THE HOUSE
1318
(b) General Fund Tax Exemption Allocations. In fiscal year 2000, no new
amount of authorization is granted to the Vermont Economic Progress Council
to approve applications under subdivisions (b)(2) and (3) of section 5930a of
Title 32. Any unused balance of the $2,000,000.00 authorization granted for
this purpose in fiscal year 1999 by Sec. 56(b) of Act No. 71 of the 1997
Adjourned Session shall carry forward and may be allocated by the Council for
this purpose in fiscal year 2000.
Sec. 96b. VERMONT ECONOMIC PROGRESS COUNCIL; REPORTING
(a) The Vermont Economic Progress Council shall supplement its January
10, 1999 report to the General Assembly with a review of other successful
state development programs dedicated to higher value jobs, opportunities to
create new economic activity not addressed by tax credits, and
recommendations for economic development tools for fiscal year 2000 as
required by 32 V.S.A. § 5930a(j). The supplement shall be provided to the
House Committees on Ways and Means; Commerce; and General, Housing
and Military Affairs; and the Senate Committees on Finance and General
Affairs and Housing; on or before July 1, 1999.
(b) Beginning with its annual report to the General Assembly in January
2000, and each year thereafter, the Vermont Economic Progress Council shall
include the following:
(1) A review and analysis of each of the five economic incentives
available to be granted by the council under 32 V.S.A. § 5930a (b), the merits
and disadvantages of each, and the degree to which each incentive promotes
the policy objectives and goals of the eight guidelines established under 32
V.S.A. § 5930a(c).
(2) Recommendations as to how best to assess the progress being made
toward obtaining the policy objectives and goals of the guidelines, with
specific data and information, where possible, of indicators of progress, such
as numbers of jobs that have been created, compensation levels and other job
quality indicators, effects on municipal vacancy rates, and the like.
Nineteenth: By inserting a new Sec. 96c (Financial Services correction) to
read:
Sec. 96c. 32 V.S.A § 5922(f) is amended to read:
(f) A qualified person who claims and is awarded tax credits under this
section shall report, on a form approved by the commissioner of taxes, such
persons qualified payroll expenses as of July 1, 1996. No tax credits shall be
available for tax years beginning on and after December 31, 2001 if the
commissioner certifies that the aggregate qualified payroll expenses on July 1,
1319
SATURDAY, MAY 15, 1999
2001 of all such persons who have been awarded such credits have not
increased by $80,000,000.00 $50,000,000.00 or more since July 1, 1996.
Twentieth: In Sec. 80, (allocation of municipal and regional planning
funds) in 24 V.S.A. §4306 (a), at the end of the subsection, by inserting a
sentence to read: “Of the revenues in the fund, each year 10 percent shall be
disbursed to the Vermont Center for Geographic Information; 70 percent shall
be disbursed to regional planning commissions and 20 percent shall be
disbursed to municipalities. Disbursements to regional planning commissions
shall be according to a formula adopted by the Commissioner of the
Department of Housing and Community Development under chapter 25 of title
3. Disbursements to municipalities shall be through a competitive program
administered by the department pursuant to subdivision (b)(4) of this section.
Twenty-first: By striking Sec. 98 (Delinquent Tax Study) in its entirety.
Twenty-second: By inserting a new Sec. 86a (Education Property Tax
Abatement, Jay) to read:
The Commissioner of Taxes is authorized in fiscal year 2000 to reduce the
education property tax payments due from the Town of Jay by the sum of
$1,868.90, for reimbursement of education property tax which was assessed in
fiscal year 1999 on property tax of a nonprofit volunteer fire organization
which has been voted exempt from property tax for fiscal year 1999.
Twenty-third: In Sec. 17 (unorganized towns and gores, technical) by
deleting all underscored language after the second sentence, and by inserting a
new Sec. 17a to read:
Sec. 17a. UNORGANIZED TOWNS AND GORES WITH FEWER THAN
FIVE STUDENTS
Notwithstanding any other provision of law, in fiscal years 1999, 2000 and
2001 only, any unorganized town or gore with fewer than five students as of
July 1 of the fiscal year:
(1) shall receive the general state support grant under 16 V.S.A. § 4011
for each student based on weighted ADM count which shall not be equalized.
(2) shall, if the local education spending as determined by the
commissioner of education is in excess of the general state support grant, not
be subject to the provisions of sections 428 and 511 of Title 16, but shall
impose a tax on its education property tax grand list as defined in section
5401(5) of title 32, at the rate necessary to raise that excess amount. A tax
imposed under this subdivision shall be administered and collected in the same
manner as an education property tax in accord with the provisions of Part 2 of
Title 32. For purposes of a claim for property tax adjustment under chapter
JOURNAL OF THE HOUSE
1320
154 of Title 32 by a taxpayer in a municipality affected under this section,
“local share property tax” shall mean the tax assessed in the fiscal year under
this section; and the “local share property tax liability” under subdivision
6066(a)(2) of Title 32 shall be the claimant’s statewide property tax liability
multiplied by a fraction, the numerator of which is the tax rate imposed under
this section and the denominator of which is the equalized statewide property
tax rate.
Twenty-fourth: In Sec. 71, (repeal, technical) by inserting before the final
period “for all other contracts”
Twenty-fifth: In Sec. 90, (technical) in the section heading, by deleting
“Sec. 58(a)” and inserting in lieu thereof “Sec. 56(a)”
Twenty-sixth: In Sec. 92, (technical) after the following words “on site
directly and primarily” by inserting a strike-through, through the word “in”
Twenty-seventh:
technical) to read:
By adding new Secs. 22a, 22b, and 22c (homestead,
Sec. 22a. Sec. 64 of No. 71 of the Acts of 1998 is amended to read:
Sec. 64. NOTICE OF HOMESTEAD VALUE ALLOCATION
Every municipality shall notify the owner of record of each declared
homestead, as defined under section 5401(7) of Title 32, of the most recent
listed value of the parcel and the homestead portion of the parcel. Notice shall
be provided on or before the date on which the listers must return the grand list
book to the town clerk for 1999, in the same manner and with the same appeal
rights as provided under subsection 4111(e) of Title 32.
Sec. 22b. 32 V.S.A. § 4111(e) is amended to read:
(e) When the listers return the grand list book to the town clerk, they shall
notify by first class mail, on which postage has been prepaid and which has
been addressed to their last known address, all persons, listed as property
owners in the grand list book of any change in the appraised value of such
property or any change in the allocation of value to the declared homestead as
defined under section 5401(7) of this title, and also notify them of the amount
of such change and of the time and place fixed in the public notice hereinafter
provided for, when persons aggrieved may be heard. Notices shall be mailed
at least fourteen days before the time fixed for hearing. Such personal notices
shall be given in all towns and cities within the state, anything in the charter of
any city to the contrary notwithstanding. At the same time the listers shall post
notices in the town clerk's office and in at least four other public places in the
town or in the case of a city, in such other manner and places as the city charter
shall provide, setting forth that they have completed and filed such book as an
1321
SATURDAY, MAY 15, 1999
abstract and the time and place of the meeting for hearing grievances and
making corrections. Unless the personal notices required hereby were sent by
registered or certified mail, or unless an official certificate of mailing of the
same was obtained from the post office, in the case of any controversy
subsequently arising it shall be presumed that the personal notices were not
mailed as required.
Sec. 22c. 32 V.S.A. § 4152(9) is amended to read:
(9) Separate columns which will show the listed valuations of declared
homesteads as defined in section 5401(7) of this title.
Fee Provisions, technical corrections
Twenty-eighth: In Sec. 119, in 6 V.S.A. § 1112, before the first paragraph,
by inserting the subsection designation “(a)”, and before the last paragraph, by
inserting the subsection designation “(b)”
Twenty-ninth: In Sec. 131, in 20 V.S.A. § 3914, before the first paragraph,
by striking the subsection designation “(a)”; and by striking subsection (b) in
its entirety, and by inserting a new Sec. 131a to read:
Sec. 131a. REPORT ON CONSOLIDATION AND REDUCTION OF
SPECIAL FUNDS
On or before January 1, 2000, the Commissioner of Agriculture, Food and
Markets shall report to the Senate Committee on Finance, the House
Committee on Ways and Means and the House Committee on Government
Operations on how to consolidate and reduce special funds within the
department of agriculture, food and markets.
Thirtieth: In Sec. 132., by striking subdivision (4) of 3 V.S.A. § 2281 in its
entirety and inserting in lieu thereof the following:
(4) At the time the department files its annual accounting report under
section 182 of this title, it shall report on the number of special funds and
balance of each special fund within each agency, department, commission or
other state governmental entity.
Thirty-first: In Sec. 150, in subdivision (13) of 30 V.S.A. § 20(b), after the
words “state of Vermont”, by adding the words “occurring prior to July 1,
2002”
Thirty second: By striking Sec. 153 in its entirety
Thirty third: By striking Sec. 165 in its entirety
JOURNAL OF THE HOUSE
1322
Thirty fourth: In Sec. 184, by striking subdivision (2) of 26 V.S.A. § 4089a
in its entirety and inserting in lieu thereof the following: “(2) Biennial roster
re-entry
$75.00 $100.00”
Thirty-fifth: By striking Sec. 224 (Filing Fees, Study) in its entirety
Thirty-sixth: In Sec. 226, by striking subsection (a) in its entirety and
inserting in lieu thereof the following
(a) This section and Secs. 117, 125, 154, and 194 (sunset dates) of this act
shall take effect upon passage.
Thirty-seventh: In Sec. 226, by adding subsection (d) to read as follows:
(d) Effective from the date of passage, the secretary of human services may
adopt such rules as are necessary to carry out the provisions of Sec. 204 of this
act under the expeditious rule making procedures provided in Sec. 133 of H.
554, the FY 2000 Appropriations Act.
COMMITTEE ON THE PART OF
THE HOUSE
COMMITTEE ON THE PART OF
THE SENATE
REP. ORESTE V. VALSANGIACOMO, JR. SEN. CHERYL P. RIVERS
REP. MARION C. MILNE
REP. DAVID L. DEEN
SEN. PETER E. SHUMLIN
SEN. JAMES GREENWOOD
Pending the question, Shall the House adopt the report of the Committee
of Conference? Rep. Freed of Dorset demanded the Yeas and Nays, which
demand was sustained by the Constitutional number. The Clerk proceeded to
call the roll and the question, Shall the House adopt the report of the
Committee of Conference? was decided in the affirmative. Yeas, 121. Nays,
8.
Those who voted in the affirmative are:
Alfano of Calais
Allard of St. Albans Town
Anderson of Woodstock
Angell of Randolph
Aswad of Burlington
Atkins of Winooski
Baker of West Rutland
Barbieri of Wallingford
Barney of Highgate
Blanchard of Essex
Brooks of Montpelier
Brown of Walden
Buckland of Newport Town
Carmolli of Rutland City
Clark of St. Johnsbury
Cleland of Northfield
Crawford of Burke
Cross of Winooski
Dakin of Colchester
Darrow of Newfane
Deen of Westminster
DePoy of Rutland City
Deuel of West Rutland
Dominick of Starksboro
Doyle of Richmond
Dunne of Hartland
Edwards of Swanton
Emmons of Springfield
Flaherty of South Burlington
Flory of Pittsford
Follett of Springfield
Fox of Essex
Freed of Dorset
Fyfe of Newport City
Gervais of Enosburg
Gray of Barre Town
Gretkowski of Burlington
Hathaway of Barton
Heath of Westford
Helm of Castleton
Hoag of Woodford
Houston of Ferrisburg
Howrigan of Fairfield
Hube of Londonderry
Hummel of Underhill
Hyde of Fayston
Jordan of Middlesex
Keenan of St. Albans City
1323
Kehler of Pomfret
Kitzmiller of Montpelier
Koch of Barre Town
Krasnow of Charlotte
Krawczyk of Bennington
Kreitzer of Rutland City
LaBarge of Grand Isle
Lafayette of Burlington
Larrabee of Danville
Lehman of Hartford
Lippert of Hinesburg
Livingston of Manchester
Marron of Stowe
Maslack of Poultney
Masland of Thetford
Mazur of South Burlington
Mazzariello of Rutland City
McNamara of Burlington
Metzger of Milton
Milkey of Brattleboro
Miller of Shaftsbury
Milne of Washington
Molloy of Arlington
Moore of Rutland City
Mullin of Rutland Town
SATURDAY, MAY 15, 1999
Neiman of Georgia
Nitka of Ludlow
Nuovo of Middlebury
O'Donnell of Vernon
Osman of Plainfield
Palmer of Pownal
Paquin of Fairfax
Parizo of Essex
Partridge of Windham
Peaslee of Guildhall
Pembroke of Bennington
Perry of Richford
Pike of Mendon
Postman of Brownington
Pratt of Castleton
Pugh of South Burlington
Quaid of Williston
Richardson of Weathersfield
Rivero of Milton
Robb of Swanton
Rusten of Halifax
Schaefer of Colchester
Seibert of Norwich
Severance of Colchester
Sheltra of Derby
Sherman of St. Johnsbury
Smith of New Haven
Smith of Sudbury
Starr of Troy
Stevens of Newbury
Sullivan of Burlington
Sweaney of Windsor
Sweetser of Essex
Symington of Jericho
Towne of Berlin
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Vinton of Colchester
Voyer of Morristown
Waite of Pawlet
Weiss of Northfield
Westman of Cambridge
Wheeler of Burlington
Willett of St. Albans City
Winters of Williamstown
Wisell of Bristol
Woodward of Johnson
Those who voted in the negative are:
Bouricius of Burlington
Corren of Burlington
Hingtgen of Burlington
Larocque of Barnet
Little of Shelburne
Mallary of Brookfield
Randall of Bradford
Zuckerman of Burlington
Those members absent with leave of the House and not voting are:
Bourdeau of Hyde Park
Bristol of Brattleboro
Colvin of Bennington
Costello of Brattleboro
Darrow of Dummerston
Ginevan of Middlebury
Holmes of Bethel
Hudson of Lyndon
Johnson of Canaan
Kainen of Hartford
Kinsey of Craftsbury
Mackinnon of Sharon
McGrath of Ferrisburg
Morrissey of Bennington
Poirier of Barre City
Schiavone of Shelburne
Steele of Waterbury
Suchmann of Chester
Wood of Brandon
Young of Orwell
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
JOURNAL OF THE HOUSE
1324
Rules Not Suspended to Take up H.R. 29
Rep. Tracy of Burlington moved to suspend the rules to take the resolution
up for immediate consideration, which was disagreed to on a Division Vote.
Yeas, 62. Nays, 55. A three-quarters vote of 88 needed.
House Resolution Committed
H.R. 22
House resolution, entitled
House resolution instructing its conferees on H. 544 (The FY 2000 General
Appropriations Bill) to include acceptance of a federal grant for the office of
defender general;
Appearing on the Calendar for action, was taken and on motion of Rep.
Fox of Essex, the resolution was committed to the Committee on
Appropriations.
House Resolution Rejected
H.R. 29
Rep. Fox of Essex, for the committee on Appropriations offered a House
resolution, entitled
House resolution relating to tax shifting options;
Resolved by the House of Representatives:
(1) That a joint House study committee be created to study revenueneutral tax shifting options that support a strong economy by encouraging job
creation or lowering business or personal taxes while encouraging efficient use
and recycling of natural resources, reducing or preventing pollution, preserving
open space and encouraging or strengthening historic settlement patterns. The
committee’s investigation shall include, but not be limited to, tax shifting
options included in the 1998 report of the department of public service, titled
“Fueling Vermont’s Future: Comprehensive Energy Plan and Greenhouse Gas
Action Plan,” and shall focus on recommendations discussed in the sections
titled “Use Energy Taxation to Meet Vermont’s Energy Goals” and
“Internalize Costs of Transportation More Fully through Transportation
Energy Taxation.” For each revenue-neutral tax shifting option considered, the
committee shall assess the impact on employment in Vermont and whether the
tax shift is progressive or regressive.
(2) That the committee shall be comprised of eight members of the
House, not all from the same political party, appointed by the Speaker: two
each from the Committee on Natural Resources and Energy, the Committee on
1325
SATURDAY, MAY 15, 1999
Transportation, the Committee on Ways and Means and the Committee on
Commerce.
(3) That the legislative council, the joint fiscal office, the public
service department, the department of taxes, and other state agencies requested
by the committee shall provide staff support to the committee.
(4) That the committee shall meet up to six times, and that committee
members shall be entitled to compensation and expenses, as provided in
section 406 of Title 2.
(5)
That the committee shall submit a report of its findings,
recommendations, and draft legislation that it deems necessary to implement
any recommendation by the committee to the general assembly by January 5,
2000, and on that date shall cease to exist.
Was taken up and read.
Pending the question, Shall the resolution be adopted? Rep. Randall of
Bradford demanded the Yeas and Nays, which demand was sustained by the
Constitutional number. The Clerk proceeded to call the roll and the question,
Shall the resolution be adopted? was decided in the negative. Yeas, 61. Nays,
62.
Those who voted in the affirmative are:
Alfano of Calais
Aswad of Burlington
Atkins of Winooski
Blanchard of Essex
Bouricius of Burlington
Brooks of Montpelier
Corren of Burlington
Cross of Winooski
Dakin of Colchester
Darrow of Newfane
Deen of Westminster
Deuel of West Rutland
Doyle of Richmond
Dunne of Hartland
Emmons of Springfield
Flaherty of South Burlington
Fox of Essex
Gretkowski of Burlington
Heath of Westford
Hingtgen of Burlington
Hummel of Underhill
Jordan of Middlesex
Kehler of Pomfret
Kitzmiller of Montpelier
Krasnow of Charlotte
Kreitzer of Rutland City
Lafayette of Burlington
Lippert of Hinesburg
Mallary of Brookfield
Masland of Thetford
Mazzariello of Rutland City
Milkey of Brattleboro
Miller of Shaftsbury
Milne of Washington
Moore of Rutland City
Nitka of Ludlow
Nuovo of Middlebury
Osman of Plainfield
Paquin of Fairfax
Parizo of Essex
Partridge of Windham
Perry of Richford
Postman of Brownington
Pugh of South Burlington
Quaid of Williston
Rivero of Milton
Seibert of Norwich
Smith of Sudbury
Starr of Troy
Stevens of Newbury
Sullivan of Burlington
Sweaney of Windsor
Symington of Jericho
Tracy of Burlington
Valsangiacomo of Barre City
Vinton of Colchester
Waite of Pawlet
Weiss of Northfield
Wheeler of Burlington
Woodward of Johnson
Zuckerman of Burlington
JOURNAL OF THE HOUSE
1326
Those who voted in the negative are:
Allard of St. Albans Town
Angell of Randolph
Baker of West Rutland
Barbieri of Wallingford
Barney of Highgate
Brown of Walden
Buckland of Newport Town
Clark of St. Johnsbury
Cleland of Northfield
Crawford of Burke
DePoy of Rutland City
Dominick of Starksboro
Edwards of Swanton
Flory of Pittsford
Follett of Springfield
Freed of Dorset
Fyfe of Newport City
Gervais of Enosburg
Gray of Barre Town
Hathaway of Barton
Helm of Castleton
Hoag of Woodford
Houston of Ferrisburg
Howrigan of Fairfield
Hube of Londonderry
Hyde of Fayston
Koch of Barre Town
Krawczyk of Bennington
LaBarge of Grand Isle
Larocque of Barnet
Larrabee of Danville
Lehman of Hartford
Little of Shelburne
Livingston of Manchester
Marron of Stowe
Maslack of Poultney
Mazur of South Burlington
McNamara of Burlington
Metzger of Milton
Molloy of Arlington
Mullin of Rutland Town
Neiman of Georgia
O'Donnell of Vernon
Palmer of Pownal
Peaslee of Guildhall
Pembroke of Bennington
Pike of Mendon
Pratt of Castleton
Randall of Bradford
Robb of Swanton
Rusten of Halifax
Schaefer of Colchester
Severance of Colchester
Sheltra of Derby
Sherman of St. Johnsbury
Smith of New Haven
Sweetser of Essex
Towne of Berlin
Voyer of Morristown
Willett of St. Albans City
Winters of Williamstown
Wisell of Bristol
Those members absent with leave of the House and not voting are:
Anderson of Woodstock
Bourdeau of Hyde Park
Bristol of Brattleboro
Carmolli of Rutland City
Colvin of Bennington
Costello of Brattleboro
Darrow of Dummerston
Ginevan of Middlebury
Holmes of Bethel
Hudson of Lyndon
Johnson of Canaan
Kainen of Hartford
Keenan of St. Albans City
Kinsey of Craftsbury
Mackinnon of Sharon
McGrath of Ferrisburg
Morrissey of Bennington
Poirier of Barre City
Richardson of Weathersfield
Schiavone of Shelburne
Steele of Waterbury
Suchmann of Chester
Vincent of Waterbury
Westman of Cambridge
Wood of Brandon
Young of Orwell
Bill Messaged to Senate Forthwith
S. 137
Senate bill, entitled
An act relating to the ability of the public service board to require that
energy conservation services be developed and provided by an entity appointed
by the board;
On motion of Rep. Freed of Dorset, the rules were suspended and the bill
was ordered messaged to the Senate forthwith.
1327
SATURDAY, MAY 15, 1999
Report of Second Committee of Conference Adopted; Action Messaged to
Senate Forthwith and Bill Delivered to the Governor Forthwith
H. 158
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House bill, entitled
An act relating to litter enforcement and municipal recycling services;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of
Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses on the bill respectfully reports that it has met and considered
the same and recommends that the Senate recede from its proposals of
amendment and that the bill be amended by striking all after the enacting
clause and inserting in lieu thereof the following:
* * * Judicial Bureau * * *
Sec. 1. 4 V.S.A. § 1101 is amended to read:
§ 1101. DEFINITIONS
As used in this chapter:
(1) “Bureau” means the judicial bureau.
(2) “Complaint” means a fish and wildlife complaint as provided in
10 V.S.A. § 4573, a littering or illegal dumping complaint as provided in
24 V.S.A. § 2201, a traffic complaint as provided in 23 V.S.A. § 2303, and a
municipal complaint as provided in 24 V.S.A. § 1977.
(3) “Violation” means a minor fish and wildlife violation as defined in
10 V.S.A. § 4572, a littering or illegal dumping violation as provided in
24 V.S.A. § 2201, a traffic violation as defined in 23 V.S.A. § 2302, and a civil
ordinance violation as provided in 24 V.S.A. § 1974a.
Sec. 2. 4 V.S.A. § 1102(b)(6) is added to read:
(b) The bureau shall have jurisdiction of the following matters:
***
(6) violations of 24 V.S.A. § 2201, relating to littering and illegal
dumping.
JOURNAL OF THE HOUSE
1328
* * * Littering Prohibition * * *
Sec. 3. 24 V.S.A. § 2201 is amended to read:
§ 2201. THROWING, DEPOSITING, AND DUMPING REFUSE,;
PENALTY; SUMMONS AND COMPLAINT
(a) Prohibition. Every person shall be responsible for proper disposal of
his or her own solid waste. A person shall not throw, dump, deposit or, cause,
or permit to be thrown, dumped, or deposited, bottles, glass, crockery, cans,
scrap metal, plastic, solid waste as defined in 10 V.S.A. § 6602, junk, paper,
garbage, old automobiles, or parts thereof, refuse of whatever nature, or any
noxious thing on lands of others or within 300 feet of the lands of others,
public or private, or into the waters of this state, or on the shores or banks
thereof or on or within view of a public highway. It shall be prima facie
evidence that a person who is identifiable from an examination of the refuse,
that is illegally dumped, is the person who violated a provision of this section.
(b) Prosecution of violations. A person who violates a provision of this
section shall be fined commits a civil violation and shall be subject to a civil
penalty of not more than $500.00 or imprisoned not more than ten days, or
both. This violation shall be enforceable in the judicial bureau pursuant to the
provisions of chapter 29 of Title 4 in an action that may be brought by a
municipal attorney, solid waste management district attorney, grand juror, or
designee of the legislative body of the municipality, or by any duly authorized
law enforcement officer. If the throwing, placing, or depositing was done from
a motor vehicle, except a motor bus, it shall be prima facie evidence that the
throwing, placing, or depositing was done by the driver of such motor vehicle.
Nothing in this section shall be construed as affecting the operation of an
automobile graveyard or junkyard as defined in section 2241 of this title, nor
shall anything in this section be construed as prohibiting the installation and
use of appropriate receptacles for solid waste provided by the state or towns.
Sanitary land fills, recycling centers, and incinerators maintained pursuant to
section 2202 of this title; and solid waste from mining, quarrying, farming
operations, or logging and sawmill operations are exempt from the restrictions
set forth above concerning the distance of 300 feet and visibility from a public
highway.
(c) Roadside cleanup. A person convicted of a found in violation of this
section may be assigned to spend up to 80 hours collecting trash or litter from a
specified segment of roadside or from a specified area of public property.
(d) The commissioner of motor vehicles shall suspend the motor vehicle
operator's license or operating privilege of a person convicted under found in
violation of this section for a period of ten days if the court finds that the
person convicted was the operator of a motor vehicle at the time of the
1329
SATURDAY, MAY 15, 1999
violation person fails to pay the penalty set forth in subsection (b) of this
section. This provision shall not apply if the only evidence of violation is the
presumption set forth in subsection (b) of this section. The court bureau shall
immediately notify the commissioner of the department of motor vehicles of
the conviction entry of judgment.
(e) The commissioner of fish and wildlife shall revoke the privilege of a
person convicted under found in violation of this section from holding a
hunting or fishing license, or both, for a period of one year from the date of the
conviction, if the court finds that the person convicted was engaged in hunting
or fishing at the time of the offense person fails to pay the penalty set forth in
subsection (b) of this section. The court bureau shall immediately notify the
commissioner of fish and wildlife of the conviction entry of judgment.
(f) Summons and complaint.
(1) Upon a determination that a person has violated this section, a
person authorized to enforce this section shall file a complaint against the
person with the judicial bureau.
(2) In all littering and illegal dumping cases, the summons and
complaint shall be in a form prescribed by the supreme court and known as the
“littering and illegal dumping complaint.”
(3) The complaint shall be signed by the issuing person. The original
shall be filed with the judicial bureau, a copy shall be retained by the issuing
person, and two copies shall be given to the defendant.
(4) The complaint shall contain a description of the provision of this
section allegedly violated, the allegations, the amount of the waiver penalty
and the full penalty, and an explanation of rights and instructions on answering
the allegations. The complaint shall also contain, in boldface print, the
following:
(A) IF YOU ADMIT TO A VIOLATION OF THE LITTERING
AND ILLEGAL DUMPING PROHIBITIONS OR IF YOU DO NOT
CONTEST THE ALLEGATIONS, SIGN THE COMPLAINT ADMITTING
THE VIOLATION OR STATING THAT THE ALLEGATIONS ARE NOT
CONTESTED AND SEND IT TO THE JUDICIAL BUREAU WITHIN 20
DAYS WITH PAYMENT IN THE AMOUNT OF THE WAIVER
PENALTY.
(B) IF YOU WANT TO DENY THE ALLEGATIONS IN THIS
COMPLAINT, YOU MUST SEND A SIGNED DENIAL TO THE JUDICIAL
BUREAU WITHIN 20 DAYS. IF YOU SEND IN A DENIAL, YOU WILL
RECEIVE A DATE FOR YOUR TRIAL FROM THE JUDICIAL BUREAU.
JOURNAL OF THE HOUSE
1330
IF YOU LOSE THE CASE AFTER A TRIAL, YOU WILL BE ORDERED
TO PAY A PENALTY IN AN AMOUNT NOT LESS THAN THE WAIVER
PENALTY AND NOT MORE THAN THE FULL PENALTY.
(C) IF YOU DO NOT ANSWER THIS COMPLAINT WITHIN 20
DAYS, OR IF YOU DENY THE ALLEGATIONS IN THE COMPLAINT
AND FAIL TO APPEAR FOR THE HEARING, A DEFAULT JUDGMENT
WILL BE ENTERED AGAINST YOU IN THE AMOUNT OF THE FULL
PENALTY. THE FAILURE TO PAY THE PENALTY ASSESSED WILL
RESULT IN FURTHER LEGAL ACTION AGAINST YOU.
(D) IF YOU ADMIT OR DO NOT CONTEST OR DO NOT
ANSWER, YOU WILL BE LIABLE TO THE STATE OF VERMONT FOR
THE AMOUNT INDICATED IN THE COMPLAINT.
(g) Amendment of complaint. A person authorized to enforce this section
may amend or dismiss a complaint issued by that person by marking the
complaint and returning it to the judicial bureau. At the hearing, a person
authorized to enforce this section may amend or dismiss a complaint issued by
that person, subject to the approval of the hearing judge.
(h) Waiver penalty. The administrative judge shall appoint a panel of
judicial bureau hearing officers to establish a waiver penalty for a violation of
this section.
* * * Bottled Water * * *
Sec. 4. 10 V.S.A. § 1673(f) is amended to read:
(f) A person shall not sell imported or domestic containerized, bottled or
packaged drinking water in the state of Vermont unless:
(1) the water and the source and system of the imported water is
regulated by drinking water standards or requirements substantially equivalent
to or more stringent than standards or requirements established by the secretary
pursuant to subsection 1672(b) of this title and the importer of the water has
presented certification of such standards;
(2) the water and the source and system of the domestic drinking water
meet the standards or requirements established by the secretary pursuant to
subsection 1672(b) of this title; and
(3) the water is labeled to show the amounts of arsenic, lead, sodium,
and nitrates it contains, together with the amounts of any other chemicals,
minerals or contaminants as required by the secretary. The label shall also
indicate that further information about the water is available from the agency;
and
1331
SATURDAY, MAY 15, 1999
(4) the name, source, and the location of the bottler of spring or,
artesian, or municipal water are identified.
* * * Waste Mercury * * *
Sec. 5. 10 V.S.A. § 6621d(a) is amended to read:
(a) Labeling. A Effective March 1, 2000, a manufacturer or wholesaler
may not sell at retail in this state, to a retailer in this state, or for use in this
state, and a retailer may not knowingly sell, any of the following items at retail
if they contain mercury added during manufacture, unless the item is labeled.
The label must clearly inform the purchaser or consumer that mercury is
present in the item and that the item may not be disposed of or placed in a
waste stream destined for disposal until the mercury is removed and reused,
recycled, or otherwise managed to ensure that it does not become part of solid
waste or wastewater. Primary responsibility for affixing labels required under
this section shall be on the manufacturer, and not on the wholesaler or retailer.
By October 1, 1999, each manufacturer required to label by this section shall
certify to the agency of natural resources that it has developed a labeling plan
for its mercury-added products that complies with this section and any
administrative labeling rule adopted by the agency of natural resources and that
this labeling shall be implemented for products manufactured after March 1,
2000. The labeling plan shall include detailed descriptions of the products
involved and the label size, material, content, location, and attachment method
for each product and for the product packaging, where necessary under the
rules, so a label is clearly visible at time of purchase. The plan must be
submitted to the agency with the certification. Items to be labeled are:
(1) A thermostat or thermometer.
(2) A switch, individually or as part of another product.
(3) A medical or scientific instrument.
(4) An electric relay or other electrical device.
(5) A lamp.
(6) A battery, sold to the public, other than a button battery.
* * * Recycling Centers * * *
Sec. 6. 24 V.S.A. § 2203b is amended to read:
§ 2203b. FLOW CONTROL RECYCLING CENTERS
(a) When Whether or not a municipality provides for the operation and
maintenance of a recycling center or intermediate processing facility pursuant
to section 2203a of this title, the municipality may exercise control over the
JOURNAL OF THE HOUSE
1332
solid wastes to be recycled, if such control does not adversely affect a private
recycling center or intermediate processing facility that pre-existed the
municipal operation establish requirements for the management of such a
center or facility.
(b) When a municipality does not provide for the operation and
maintenance of a recycling center or intermediate processing facility pursuant
to section 2203a of this title, but a private recycling center or intermediate
processing facility exists, the municipality shall not exercise control over solid
waste beyond the extent that control adversely affects an existing private
recycling center or intermediate processing facility. If a municipality had,
prior to the effective date of this section, a contract for the delivery of solid
waste, it may exercise control over such portion of solid waste as may be
necessary to meet its contractual commitment.
(c) For the purposes of this section Titles 10, 24, and 32, recycling means
the process of utilizing solid waste for the production of raw materials or
products, but shall not include processing solid waste to produce energy or fuel
products.
(d) The provisions of this section shall not apply to hazardous waste.
COMMITTEE ON THE PART OF
THE HOUSE
COMMITTEE ON THE PART OF
THE SENATE
REP. MARY M. SULLIVAN
REP. BETTY A. NUOVO
SEN. ELIZABETH M. READY
SEN. MARK MACDONALD
SEN. HELEN RIEHLE
Pending the question, Shall the House adopt the Second report of the
Committee of Conference? Rep. Freed of Dorset demanded the Yeas and
Nays, which demand was sustained by the Constitutional number. The Clerk
proceeded to call the roll and the question, Shall the House adopt the Second
report of the Committee of Conference? was decided in the affirmative.
Yeas, 72. Nays, 55.
Those who voted in the affirmative are:
Alfano of Calais
Angell of Randolph
Aswad of Burlington
Atkins of Winooski
Barbieri of Wallingford
Blanchard of Essex
Brooks of Montpelier
Cross of Winooski
Dakin of Colchester
Darrow of Newfane
Deen of Westminster
Deuel of West Rutland
Doyle of Richmond
Dunne of Hartland
Edwards of Swanton
Emmons of Springfield
Flaherty of South Burlington
Follett of Springfield
Fox of Essex
Gervais of Enosburg
Gretkowski of Burlington
Heath of Westford
Helm of Castleton
Hummel of Underhill
Jordan of Middlesex
Keenan of St. Albans City
Kehler of Pomfret
Kitzmiller of Montpelier
Koch of Barre Town
Krasnow of Charlotte
Kreitzer of Rutland City
Lafayette of Burlington
Lehman of Hartford
1333
Lippert of Hinesburg
Little of Shelburne
Mallary of Brookfield
Marron of Stowe
Maslack of Poultney
Masland of Thetford
Mazzariello of Rutland City
Milkey of Brattleboro
Miller of Shaftsbury
Milne of Washington
Molloy of Arlington
Moore of Rutland City
Mullin of Rutland Town
SATURDAY, MAY 15, 1999
Nuovo of Middlebury
Osman of Plainfield
Paquin of Fairfax
Parizo of Essex
Partridge of Windham
Postman of Brownington
Pugh of South Burlington
Rivero of Milton
Rusten of Halifax
Seibert of Norwich
Severance of Colchester
Smith of Sudbury
Starr of Troy
Stevens of Newbury
Sullivan of Burlington
Sweaney of Windsor
Symington of Jericho
Tracy of Burlington
Valsangiacomo of Barre City
Vincent of Waterbury
Vinton of Colchester
Waite of Pawlet
Weiss of Northfield
Wheeler of Burlington
Winters of Williamstown
Woodward of Johnson
Those who voted in the negative are:
Allard of St. Albans Town
Baker of West Rutland
Barney of Highgate
Bouricius of Burlington
Brown of Walden
Buckland of Newport Town
Carmolli of Rutland City
Clark of St. Johnsbury
Cleland of Northfield
Corren of Burlington
Crawford of Burke
DePoy of Rutland City
Dominick of Starksboro
Flory of Pittsford
Freed of Dorset
Fyfe of Newport City
Gray of Barre Town
Hathaway of Barton
Hingtgen of Burlington
Hoag of Woodford
Houston of Ferrisburg
Howrigan of Fairfield
Hube of Londonderry
Hyde of Fayston
Krawczyk of Bennington
LaBarge of Grand Isle
Larocque of Barnet
Larrabee of Danville
Livingston of Manchester
Mazur of South Burlington
McNamara of Burlington
Metzger of Milton
Neiman of Georgia
Nitka of Ludlow
O'Donnell of Vernon
Palmer of Pownal
Peaslee of Guildhall
Pembroke of Bennington
Perry of Richford
Pike of Mendon
Pratt of Castleton
Quaid of Williston
Randall of Bradford
Robb of Swanton
Schaefer of Colchester
Sheltra of Derby
Sherman of St. Johnsbury
Smith of New Haven
Sweetser of Essex
Towne of Berlin
Voyer of Morristown
Westman of Cambridge
Willett of St. Albans City
Wisell of Bristol
Zuckerman of Burlington
Those members absent with leave of the House and not voting are:
Anderson of Woodstock
Bourdeau of Hyde Park
Bristol of Brattleboro
Colvin of Bennington
Costello of Brattleboro
Darrow of Dummerston
Ginevan of Middlebury
Holmes of Bethel
Hudson of Lyndon
Johnson of Canaan
Kainen of Hartford
Kinsey of Craftsbury
Mackinnon of Sharon
McGrath of Ferrisburg
Morrissey of Bennington
Poirier of Barre City
Richardson of Weathersfield
Schiavone of Shelburne
Steele of Waterbury
Suchmann of Chester
Wood of Brandon
Young of Orwell
JOURNAL OF THE HOUSE
1334
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
Senate Proposal of Amendment Concurred in; Action Messaged to the
Senate Forthwith and the Bill Delivered to the Governor Forthwith
H. 532
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House bill, entitled
An act relating to professions and occupations;
Was taken up for immediate consideration.
The Senate proposes to the House to amend the bill as follows:
First: In Sec. 1, § 124 of 3 V.S.A., in subsection (b), after the word
“appointees” by adding the following: “and, in fiscal year 2000, the boxing
control board”
Second: By striking out Sec. 2 in its entirety and inserting in lieu thereof
the following:
Sec. 2. 3 V.S.A. § 129 is amended to read:
§ 129. POWERS OF BOARDS; DISCIPLINE PROCESS
(a) In addition to any other provisions of law, a board may exercise the
following powers:
* * * [Text Not Reproduced] * * *
(10) Adopt rules governing the issuance of licenses to practice, to
persons licensed and in good standing to practice in another jurisdiction, that
authorize the holder of the license to practice in this state for no more than 10
days or 80 hours in any calendar year upon payment of the required fee;
however, no fee shall be charged if the applicant’s practice will be limited to
providing services on a pro bono basis at a free health or dental care clinic.
(11) For good cause shown, waive fees when a license is required to
provide services on a pro bono basis or in accordance with standards
established by the board by rule.
* * * [Text Not Reproduced] * * *
(d) A board shall notify parties, in writing, of their right to appeal final
decisions of the board. A board or the director shall also notify complainants
in writing of the result of any disciplinary investigation made with reference to
a complaint brought by them to the board or director. When a disciplinary
investigation results in a stipulation filed with the board, the board or the
1335
SATURDAY, MAY 15, 1999
director shall provide the complainant with a copy of the stipulation and notice
of the stipulation review scheduled before the board. The complainant shall
have the right to be heard at the stipulation review.
* * * [Text Not Reproduced] * * *
(l) In any proceeding under this section which addresses an applicant’s or
licensee’s alleged sexual misconduct, evidence of the sexual history of the
victim of the alleged sexual misconduct shall neither be subject to discovery
nor be admitted into evidence. Neither opinion evidence of nor evidence of the
reputation of the victim’s sexual conduct shall be admitted.
Third: By adding a new Sec. 5a to read as follows:
Sec. 5a. 26 V.S.A. § 121(7) is added to read:
(7) “Technical submissions” means designs, drawings, specifications,
studies and other technical reports prepared in the course of executing a
portion of a construction project.
Fourth: By adding a new Sec. 5b to read as follows:
Sec. 5b. 26 V.S.A. § 210 is amended to read:
§ 210. UNPROFESSIONAL CONDUCT
Unprofessional conduct means the following conduct and the conduct set
forth in section 129a of Title 3:
(1) assisting the application for licensure of a person known by the
licensee to be unqualified in respect to education, training or experience;
(2) accepting compensation for services from more than one party on a
project unless the circumstances are fully disclosed and agreed to by all
interested parties;
(3) failing to disclose fully in writing to a client or employer the nature
of any business association or direct or indirect financial interest substantial
enough to influence the licensee's judgment in the performance of professional
services;
(4) soliciting or accepting compensation from material or equipment
suppliers in return for specifying or endorsing their products;
(5) rendering decisions favoring either party to a contract when acting as
interpreter of building contract documents and judge of contract performance;
(6) failing to disclose compensation for making public statements on
architectural questions;
JOURNAL OF THE HOUSE
1336
(7) offering or making any payment or gift to an elected or appointed
government official with the intent to influence the official's judgment in
connection with a prospective or existing project in which the licensee is
interested;
(8) offering or making any gifts of other than nominal value, including
reasonable entertainment and hospitality, with the intent to influence the
judgment of an existing or prospective client in connection with a project in
which the licensee is interested;
(1)(9) practicing or offering to practice beyond the scope permitted by
law;
(10) knowingly designing a project in violation of applicable state and
local building laws and regulations;
(2)(11) accepting and performing responsibilities which the licensee
knows or has reason to know that he or she is not competent to perform or
undertaking to perform professional services in specific technical areas in
which the licensee is not qualified by education, training and experience;
(12) failing to practice with reasonable care and competence and to
apply the technical knowledge and skill ordinarily applied by licensees
practicing in the same locality;
(3)(13) making any willful material misrepresentation with respect to
the qualifications of or experience of an applicant or otherwise in the practice
of the profession, whether by commission or omission;
(4)(14) agreeing with any other person, as defined in 1 V.S.A. § 128, or
subscribing to any code of ethics or organizational bylaws, when the intent or
primary effect of that agreement, code or bylaw is to restrict or limit the flow
of information concerning alleged or suspected unprofessional conduct to the
board;
(15) failing to report to the board knowledge of a violation of these rules
by another licensee;
(16) failing to report to the public official charged with enforcement of
applicable state or municipal building laws and regulations any decision taken
by the licensee's employer or client, against the licensee's advice, which
violates applicable state or municipal building laws and regulations and which
will, in the licensee's judgment, materially affect adversely safety to the public
or the finished project;
(5)(17) acting, while serving as a board member, in any way to
contravene willfully the provisions of this chapter and thereby artificially
restricting the entry of qualified persons into the profession;
1337
SATURDAY, MAY 15, 1999
(6)(18) using the licensee's seal on drawings prepared by others not in
the licensee's direct employ, or using the seal of another;
(19) inaccurately representing to a prospective or existing client or
employer the licensee's qualifications and scope of responsibility for work for
which the licensee claims credit;
(20) signing or sealing technical submissions unless they were prepared
by or under the responsible control of the licensee; except that (A) the licensee
may sign or seal those portions of the technical submissions that were prepared
by or under the responsible control of persons who are licensed under this
chapter if the licensee has reviewed and adopted in whole or in part such
portions and has either coordinated their preparation or integrated them into his
or her work, and (B) the licensee may sign or seal those portions of the
technical submissions that are not required by this section to be prepared by or
under the responsible control of a licensee if the licensee has reviewed and
adopted in whole or in part such submissions and integrated them into his or
her work. Reviewing, or reviewing and correcting, technical submissions after
they have been prepared by others does not constitute the exercise of
responsible control because the reviewer has neither control over nor detailed
knowledge of the content of such submissions throughout their preparation.
Any licensee signing and sealing technical submissions not prepared by that
licensee but prepared under the licensee's responsible control by persons not
regularly employed in the office where the licensee is resident shall maintain
and make available to the board upon request, for at least five years following
such signing and sealing, adequate and complete records demonstrating the
nature and extent of the licensee's control over and detailed knowledge of such
technical submissions throughout their preparation;
(21)
in each office maintained for preparation of drawings,
specifications, reports or other professional work, failing to have a licensee
with direct knowledge and supervisory control of such work resident and
regularly employed in that office.
Fifth: By striking out Sec. 17 in its entirety and inserting in lieu thereof the
following:
Sec. 17. 26 V.S.A. § 2803 is amended to read:
§ 2803. EXEMPTIONS
The prohibitions in section 2802 of this title shall not apply to dentists
licensed under chapter 13 of this title and actions within their scope of practice
nor to:
(1) Licensed practitioners acting within the scope of practice for their
licensed field, provided that their practice acts and rules adopted thereunder
JOURNAL OF THE HOUSE
1338
make provisions for radiation safety and proper radiation practices determined
in consultation with the board;
(2) Students of medicine, dentistry, podiatry, chiropody naturopathic
medicine or chiropractic when participating in a program approved or
recognized by the board of medical practice, dentistry or chiropractic, as
appropriate, and when under the supervision of an instructor who is a licensed
practitioner and when acting within the scope of practice for that licensed
practitioner's field;
* * * [Text Not Reproduced] * * *
(6) Individuals who are completing a course of training for limited
radiographic licensure as required in subsection 2821(c) of this title and who
work under direct personal supervision of a licensed practitioner. The
exemption authorized by this subdivision shall be for one time only and for no
more than six months. The licensed practitioner is professionally and legally
responsible for work performed by the person completing the course of
training.
Sixth: By striking Sections 42 through 54 in their entirety
Seventh: In Sec. 59, by striking the following: “and 31 V.S.A. §§ 101-113
(boxing control board)”
Eighth: By renumbering the sections to be numerically correct
Which proposal of amendment was considered and concurred in.
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
Report of Committee of Conference Adopted; Action Messaged to Senate
Forthwith and Bill Delivered to Governor Forthwith
H. 554
Pending entrance of the bill on the Calendar for notice, on motion of Rep.
Freed of Dorset, the rules were suspended and House (Senate) bill, entitled
An act making appropriations for the support of government;
Was taken up for immediate consideration.
The Speaker placed before the House the following Committee of
Conference report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon the bill respectfully reports that it has met and
1339
SATURDAY, MAY 15, 1999
considered the same and recommends that the Senate recede from its proposals
of amendment in their entirety, and that the bill be amended by striking out all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
This bill may be referred to as the BIG BILL -- Fiscal Year 2000
Appropriations Act.
Sec. 2. PURPOSE
The purpose of this act is to provide appropriations for the operations of
state government during fiscal year 2000. It is the expressed 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, 1999. Agency
and department heads are directed to implement staffing and service levels at
the beginning of fiscal year 2000 so as to meet this condition unless otherwise
directed by specific language in this act.
Sec. 3. APPROPRIATIONS
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 declared to be
single-year appropriations, and only for the purpose indicated. These
appropriations shall be the only appropriations available notwithstanding any
other acts or laws. 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 title within this act may be
disregarded by the commissioner of finance and management.
Sec. 4. TIME AVAILABLE
The sums appropriated in this act, unless otherwise designated, shall be
available only during the fiscal year ending June 30, 2000. The balance of any
appropriations made in this act remaining unexpended and unencumbered at
JOURNAL OF THE HOUSE
1340
the end of the fiscal year shall revert to the appropriate fund balance unless
otherwise specified in this act. Refunds of expenditures and reimbursements,
except liability insurance premiums, which have been paid from the
appropriations of a prior year shall be credited to the appropriate fund and not
to appropriation accounts in the current fiscal year unless those refunds or
reimbursements were previously paid from federal grants-in-aid or from
appropriations whose unexpended balances are reappropriated by law.
Refunds of liability insurance premiums paid in prior fiscal years are hereby
available to reduce subsequent liability insurance premiums. Nothing
contained in this act shall limit the time within which an appropriation to be
raised by the issue of bonds may be expended.
Sec. 5. DEFINITIONS
For the purposes of this act:
(1) "Personal services" means wages and salaries, consulting services,
personnel benefits, personal injury benefits under section 636 of Title 21 and
similar items.
(2) "Operating expenses" means supplies - food, medical, clothing,
educational, fuel, highway materials and similar items; contractual services postage, telephone, travel expenses, light, heat and power, rentals, insurance
and other similar items; equipment articles of substantial value which have a
long period of usefulness - desks, computers, typewriters, furniture, motor
vehicles and similar items.
(3) "Land, structures, improvements" means expenditures for the
purchase of land, construction of new buildings and permanent improvements,
highway construction and similar items.
(4) "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.
1341
SATURDAY, MAY 15, 1999
(5) "Other" means a lump sum appropriation not differentiated by object
of expenditure.
(6) "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.
Sec. 6. SOURCE OF FUNDS
The appropriations made in this act are made for the fiscal year ending
June 30, 2000 except as provided in this act, and are to be paid from funds
shown as the source of funds.
Sec. 7. Secretary of administration - secretary's office
Personal services
Operating expenses
Total
512,570
51,808
564,378
Source of funds
General fund
Transportation fund
Interdepartmental transfer
Total
361,051
58,327
145,000
564,378
Sec. 8. Secretary of administration - GOVNet
Personal services
281,150
Operating expenses
968,850
Total
1,250,000
Source of funds
Internal service funds
1,250,000
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Administrative
Assistant A - is authorized in fiscal year 2000.
JOURNAL OF THE HOUSE
Sec. 9. Finance and management - budget and management
1342
Personal services
662,088
Operating expenses
54,280
Total
716,368
Source of funds
General fund
580,216
Transportation fund
126,152
Interdepartmental transfer
10,000
Total
716,368
Sec. 10. Finance and management - financial operations
Personal services
855,376
Operating expenses
156,284
Total
1,011,660
Source of funds
General fund
625,416
Transportation fund
340,214
Special funds
Total
46,030
1,011,660
(a) The establishment of two (2) new classified positions - one (1) Network
Administrator II and one (1) Information Technology Specialist II - is
authorized in fiscal year 2000.
Sec. 11. Personnel – operations
Personal services
Operating expenses
Total
2,040,140
423,106
2,463,246
Source of funds
General fund
Transportation fund
Special funds
1,733,842
607,604
47,000
1343
SATURDAY, MAY 15, 1999
Internal service funds
67,300
Interdepartmental transfer
Total
7,500
2,463,246
Sec. 12. Personnel – employee benefits
Personal services
706,487
Operating expenses
269,320
Total
975,807
Source of funds
Internal service funds
975,807
Sec. 13. Buildings and general services - administrative
Personal services
668,926
Operating expenses
137,900
Total
806,826
Source of funds
General fund
370,000
Transportation fund
63,000
Interdepartmental transfer
373,826
Total
806,826
(a) The establishment of one (1) new classified position - Personnel
Assistant - is authorized in fiscal year 2000.
Sec. 14. Buildings and general services - facilities operations
Personal services
5,296,223
Operating expenses
5,991,792
Total
11,288,015
Source of funds
General fund
9,660,189
Transportation fund
1,327,826
Interdepartmental transfer
300,000
JOURNAL OF THE HOUSE
Total
1344
11,288,015
(a) The establishment of twenty-two (22) new classified positions - one (1)
Maintenance Mechanic A, three (3) Maintenance Mechanic B, one (1)
Maintenance Mechanic II, fourteen (14) Custodian A, and three (3) Custodian
B - is authorized in fiscal year 2000.
Sec. 15. Buildings and general services – engineering
Personal services
Operating expenses
Total
1,330,618
164,750
1,495,368
Source of funds
General fund
1,339,664
Transportation fund
90,704
Interdepartmental transfer
65,000
Total
1,495,368
Sec. 16. Buildings and general services - property management
Personal services
Operating expenses
Total
276,833
3,661,776
3,938,609
Source of funds
General fund
Internal service funds
Total
513,166
3,425,443
3,938,609
Sec. 17. Buildings and general services - postal
Personal services
476,766
Operating expenses
345,816
Total
822,582
Source of funds
General fund
75,000
Transportation fund
63,085
1345
SATURDAY, MAY 15, 1999
Internal service funds
Total
684,497
822,582
Sec. 18. Buildings and general services - supply center
Personal services
207,401
Operating expenses
189,851
Total
397,252
Source of funds
Internal service funds
397,252
Sec. 19. Buildings and general services - copy center
Personal services
564,853
Operating expenses
803,920
Total
1,368,773
Source of funds
Internal service funds
1,368,773
(a) The following positions are authorized to replace ongoing temporary
services. The establishment of two (2) new classified positions - Support
Services Worker - is authorized in fiscal year 2000.
Sec. 20. Buildings and general services – purchasing
Personal services
614,653
Operating expenses
120,062
Total
734,715
Source of funds
General fund
483,439
Transportation fund
251,276
Total
734,715
Sec. 21. Buildings and general services - public records
Personal services
638,983
Operating expenses
192,633
JOURNAL OF THE HOUSE
Total
1346
831,616
Source of funds
General fund
Transportation fund
Special funds
Interdepartmental transfer
Total
566,558
85,019
160,039
20,000
831,616
Sec. 22. Buildings and general services communications and information technology
Personal services
2,156,311
Operating expenses
3,041,100
Total
5,197,411
Source of funds
Internal service funds
5,197,411
(a) The following positions are authorized to replace ongoing temporary
and contractual services. The establishment of two (2) new classified positions
- one (1) Information Technology Specialist II, and one (1)
Telecommunications Systems Specialist - is authorized in fiscal year 2000.
Sec. 23. Buildings and general services - state surplus property
Personal services
39,197
Operating expenses
28,855
Total
68,052
Source of funds
Internal service funds
68,052
Sec. 24. Buildings and general services - federal surplus property
Personal services
36,527
Operating expenses
60,545
Total
Source of funds
97,072
1347
SATURDAY, MAY 15, 1999
Enterprise funds
97,072
Sec. 25. Buildings and general services - workers' compensation insurance
Personal services
682,418
Operating expenses
192,698
Total
875,116
Source of funds
Internal service funds
875,116
Sec. 26. Buildings and general services - general liability insurance
Personal services
255,183
Operating expenses
389,331
Total
644,514
Source of funds
Internal service funds
644,514
Sec. 27. Buildings and general services - all other insurance
Personal services
26,642
Operating expenses
14,285
Total
40,927
Source of funds
Internal service funds
40,927
Sec. 28. Buildings and general services - information centers
Personal services
2,154,820
Operating expenses
555,302
Grants
175,000
Total
2,885,122
Source of funds
General fund
Transportation fund
Special funds
256,499
2,576,623
52,000
JOURNAL OF THE HOUSE
Total
1348
2,885,122
Sec. 29. APPROPRIATIONS; REDUCTION
(a) The commissioner of buildings and general services shall reduce by
$250,000.00 in general funds, amounts appropriated in Secs. 13 through 28 of
this act.
(b) The commissioner shall use the fee for space program in agencies
supported by federal programs and in agencies supported by special funds to
the extent allowable to fully fund the appropriation of the facilities operating
program of the department. Any additional revenues from the fee for space
program shall be available for appropriation.
Sec. 30. Tax - administration/collection
Personal services
8,339,462
Operating expenses
2,247,350
Total
10,586,812
Source of funds
General fund
9,362,241
Transportation fund
247,566
Special funds
899,505
Interdepartmental transfer
Total
77,500
10,586,812
(a) The following positions are authorized to replace ongoing temporary
services. The establishment of two (2) new classified positions - one (1) Clerk
B and one (1) Tax Examiner II - is authorized in fiscal year 2000.
Sec. 31. REPEAL
Sec. 303 of No. 89 of the Acts of 1987 (enhanced tax collection special
fund) is repealed.
Sec. 32. Libraries
Personal services
1,511,437
Operating expenses
1,047,830
1349
SATURDAY, MAY 15, 1999
Grants
Total
41,300
2,600,567
Source of funds
General fund
1,835,067
Federal funds
638,700
Special funds
64,200
Interdepartmental transfer
62,600
Total
2,600,567
Sec. 33. Geographic information system
Grants
345,000
Source of funds
Special funds
345,000
Sec. 34. Auditor of accounts
Personal services
Operating expenses
Total
1,323,444
80,317
1,403,761
Source of funds
General fund
418,994
Transportation fund
66,844
Special fund
47,573
Internal service funds
Total
870,350
1,403,761
Sec. 35. State treasurer
Personal services
Operating expenses
Total
1,297,696
246,700
1,544,396
Source of funds
General fund
472,535
JOURNAL OF THE HOUSE
Transportation fund
1350
115,953
Special funds
862,378
Expendable trust
Total
93,530
1,544,396
(a) The conversion of one (1) limited service position - Program Services
Clerk - to a new classified position is authorized in fiscal year 2000.
Sec. 36. Vermont state retirement system
Personal services
Operating expenses
Total
9,367,097
108,377
9,475,474
Source of funds
Special funds
9,475,474
Sec. 37. Municipal employees' retirement system
Personal services
Operating expenses
Total
747,684
38,076
785,760
Source of funds
Special funds
785,760
Sec. 38. State labor relations board
Personal services
Operating expenses
Total
140,705
21,400
162,105
Source of funds
General fund
152,058
Transportation fund
5,125
Special funds
4,922
Total
162,105
Sec. 39. Executive office
Personal services
973,328
1351
SATURDAY, MAY 15, 1999
Operating expenses
207,347
Grants
51,978
Unrestricted fund
13,000
Total
1,245,653
Source of funds
General fund
956,056
Transportation fund
177,497
Special funds
Interdepartmental transfer
Total
3,100
109,000
1,245,653
Sec. 40. Executive - national and community service
Personal services
Operating expenses
Grants
Total
156,405
86,335
1,272,320
1,515,060
Source of funds
General fund
54,880
Federal funds
1,445,416
Interdepartmental transfer
Total
14,764
1,515,060
Sec. 41. VOSHA review board
Personal services
Operating expenses
Total
25,000
3,250
28,250
Source of funds
General fund
11,415
Federal funds
16,835
Total
28,250
JOURNAL OF THE HOUSE
Sec. 42. Use tax reimbursement fund - municipal current use
Other
1352
4,000,000
Source of funds
General fund
1,950,000
Transportation fund
2,050,000
Total
4,000,000
Sec. 43. Lieutenant governor
Personal services
95,921
Operating expenses
7,414
Total
103,335
Source of funds
General fund
82,193
Transportation fund
21,142
Total
103,335
Sec. 44. Legislature
Other
3,891,728
Source of funds
General fund
3,093,628
Transportation fund
798,100
Total
3,891,728
(a) The following positions are authorized to replace ongoing temporary
services. The establishment of two (2) exempt positions - Committee Assistant
- is authorized in fiscal year 2000.
Sec. 44a. Sec. 41 of No. 147 of the Acts of 1998, as amended by Sec. 8 of
No. 1 of the Acts of 1999, is further amended to read:
Sec. 41. Legislature
Other
Source of Funds
4,241,500
4,751,500
1353
SATURDAY, MAY 15, 1999
General fund
3,443,400
3,953,400
Transportation fund
Total
798,100
798,100
4,241,500
4,751,500
(a) Of the above appropriation, up to $40,000.00 shall be available for the
costs of planning and preparing for the 1999 Annual Meeting of the Eastern
Regional conference of the Council of State governments in Burlington. This
appropriation shall be matched through fundraising on a two-for-one basis.
(b) Beginning in the 1999 biennial session of the legislature, and in each
biennial and adjourned session thereafter, the first installment payment of
salary of members shall be made no later than the last day of the first week of
the legislative session in an amount no less than one week's salary. Thereafter,
members shall be paid in biweekly installments as provided in 32 V.S.A.
§ 1051(a) and (c) and 32 V.S.A. § 1052(a).
(c) Notwithstanding any provisions to the contrary in 32 V.S.A. §§ 1051
and 1052, for attendance at sessions of the 1999 regular session of general
assembly after May 8, 1999 members shall be compensated on a daily basis,
except that in no event shall compensation to any member in any week exceed
the weekly amount provided by law.
(d) In addition to any other funds appropriated to the sergeant at arms in
fiscal year 1999, there is appropriated from the general fund in fiscal year 1999
to the sergeant at arms an additional amount of $21,000.00 for the purpose of
meeting additional personnel and other costs related to the extension of the
1999 legislative session.
Sec. 45. Legislative council
Personal services
Operating expenses
Total
1,436,000
18,500
1,454,500
JOURNAL OF THE HOUSE
1354
Source of funds
General fund
Transportation fund
Total
1,202,968
251,532
1,454,500
(a) The establishment of two (2) new exempt positions - Legislative
Counsel - is authorized in fiscal year 2000.
Sec. 46. Sergeant at arms
Personal services
Operating expenses
Total
203,072
42,669
245,741
Source of funds
General fund
Transportation fund
Total
199,524
46,217
245,741
Sec. 47. Joint fiscal committee
Personal services
Operating expenses
Total
625,335
25,600
650,935
Source of funds
General fund
499,702
Transportation fund
151,233
Total
650,935
(a) The following limited service positions are converted to permanent
exempt positions in fiscal year 2000: #117010 and #117011.
Sec. 48. Lottery commission
Personal services
931,410
Operating expenses
692,422
Total
Source of funds
1,623,832
1355
SATURDAY, MAY 15, 1999
Enterprise funds
1,623,832
Sec. 49. Payments in lieu of taxes - Montpelier services
Grants
184,000
Source of funds
General fund
184,000
Sec. 50. Payments in lieu of taxes - correctional facilities
Grants
40,000
Source of funds
General fund
40,000
Sec. 50a. State payment in lieu of property taxes
Grants
1,500,000
Source of funds
General fund
1,250,000
Special funds
250,000
Total
1,500,000
(a) The above appropriation is for state payments in lieu of property taxes
under subchapter 4 of chapter 123 of Title 32.
Sec. 51. Total general government
81,610,338
Source of funds
General fund
38,080,301
Transportation fund
9,521,039
Federal funds
2,100,951
Special funds
13,042,981
Enterprise funds
1,720,904
Expendable trust
93,530
Internal service funds
Interdepartmental transfer
Total
15,865,442
1,185,190
81,610,338
JOURNAL OF THE HOUSE
Sec. 52. Protection to persons and property -
1356
Attorney general
Personal services
3,604,134
Operating expenses
Total
408,200
4,012,334
Source of funds
General fund
2,020,089
Transportation fund
78,539
Federal funds
460,000
Special funds
612,706
Tobacco funds
190,000
Interdepartmental transfer
651,000
Total
4,012,334
(a) The following positions are authorized to replace ongoing temporary
and contractual services. The establishment of three (3) new classified
positions - one (1) Administrative Assistant and two (2) Paralegal - and five (5)
new exempt positions – Assistant Attorney General - is authorized in fiscal
year 2000.
(b) The establishment of one (1) new classified position - Investigator - and
two (2) new exempt positions - Assistant Attorney General - is authorized in
fiscal year 2000.
Sec. 53. Vermont court diversion
Grants
821,967
Source of funds
General fund
424,342
Transportation fund
172,625
Special funds
225,000
Total
Sec. 54. Center for crime victim services
821,967
1357
SATURDAY, MAY 15, 1999
Personal services
Operating expenses
Grants
Other
Total
311,149
79,836
3,369,676
498,000
4,258,661
Source of funds
General fund
570,126
Federal funds
2,744,000
Special funds
944,535
Total
4,258,661
Sec. 55. State's attorneys
Personal services
Operating expenses
Total
5,846,810
693,540
6,540,350
Source of funds
General fund
4,651,739
Transportation fund
414,598
Federal funds
216,827
Special funds
91,004
Interdepartmental transfer
Total
1,166,182
6,540,350
(a) The establishment of eight (8) new exempt positions - three (3) Deputy
State's Attorney, three (3) Victim Advocate and two (2) Secretary - is
authorized in fiscal year 2000.
Sec. 56. Sheriffs
Personal services
Operating expenses
Total
1,681,448
218,280
1,899,728
JOURNAL OF THE HOUSE
1358
Source of funds
General fund
Transportation fund
Total
1,365,427
534,301
1,899,728
(a) Of the above appropriation, $15,000.00 shall be transferred to the state's
attorneys office as reimbursement for the cost of the executive director's salary.
Sec. 56a. 32 V.S.A. § 1591(2)(A) is amended to read:
(A) For necessary assistance in arresting or transporting prisoners,
juveniles or mental patients the sum of $9.50 $11.00 per hour for each deputy
sheriff or assistant so required if the sheriff or constable makes oath that the
deputy sheriff, assistant or assistants were required giving the name of the
assistant or assistants if there were more than one; provided, however, a
full-time law enforcement officer shall not receive compensation under this
subsection if otherwise compensated for the hours during which such
transportation is performed. In addition to the rate established in this section,
the sheriffs' department shall be reimbursed for the costs of the employers'
contribution to social security and workers' compensation insurance
attributable to services provided under this section. Reimbursement shall be
calculated on an hourly basis; the sheriff's department shall also be reimbursed
for the costs of employer contributions for unemployment compensation, when
a claim is filed and the percentage owed from the sheriff's department to the
state can be accounted for under this section;
Sec. 56b. SHERIFFS’ COMPENSATION; REPORT
The department of state’s attorneys shall review the statutory schedule for
sheriffs’ compensation and determine whether the compensation for sheriffs is
equitable. The department shall report its findings, together with its
recommendation for an equitable compensation schedule for sheriffs, to the
general assembly on or before January 15, 2000.
Sec. 57. Defender general - public defense
1359
SATURDAY, MAY 15, 1999
Personal services
Operating expenses
Total
4,089,215
440,724
4,529,939
Source of funds
General fund
Transportation fund
3,629,935
600,692
Federal funds
48,000
Special funds
251,312
Total
4,529,939
(a) The following positions are authorized to replace ongoing temporary
and contractual services. The establishment of five (5) new exempt positions three (3) Staff Attorney and two (2) Support Secretary - is authorized in fiscal
year 2000.
Sec. 57a. GRANT ACCEPTANCE
Notwithstanding section 5 of Title 32 pertaining to acceptance of grants, the
defender general may accept up to $150,000.00 in federal grant funds from the
Bureau of Justice Assistance of the United States Department of Justice to
identify, assess and accommodate developmental disabilities of persons who
are assigned the services of the office of the defender general.
Sec. 58. Defender general - assigned counsel
Personal services
Operating expenses
Total
1,757,137
34,505
1,791,642
Source of funds
General fund
Transportation fund
Total
1,532,058
259,584
1,791,642
JOURNAL OF THE HOUSE
1360
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new exempt position - Support
Secretary - is authorized in fiscal year 2000.
Sec. 59. AD HOC COUNSEL COMPENSATION RATE
Beginning July 1, 1999, such rate of compensation shall be as prescribed by
the supreme court pursuant to section 5205(a) of Title 13.
Sec. 60. Military – administrative
Personal services
547,827
Operating expenses
336,909
Grants
Total
30,000
914,736
Source of funds
General fund
874,111
Special funds
40,625
Total
914,736
(a) $200,000.00 shall be transferred to the Vermont student assistance
corporation for the national guard scholarship program, which is comprised of
$30,000.00 of the above appropriation and $170,000.00 carry-forward fiscal
year 1999 funds.
(b) Total grants under 16 V.S.A chapter 87, subchapter 4a shall not exceed
$200,000.00 in fiscal year 2000, nor shall commitments or obligations be made
for expenditure amounts above $200,000.00 in fiscal year 2001.
Sec. 61. 16 V.S.A. chapter 87, subchapter 4A is added to read:
Subchapter 4A. National Guard
§ 2856. EDUCATIONAL ASSISTANCE
(a) An active member of the Vermont army national guard or the air
national guard may be eligible for an interest-free loan in an academic year for
financial assistance to pay for tuition and fees for courses taken at a Vermont
1361
SATURDAY, MAY 15, 1999
college, university, or regional technical center. Academic year awards may
be up to $2,500.00 for a full-time student, up to $700.00 for a half-time student
and up to $200.00 for a quarter-time student.
(b) To be eligible for an educational loan under this section, a person shall:
(1) have been a Vermont resident for at least one year;
(2) be an active member in good standing of a federally-recognized unit
of the Vermont army national guard or air national guard;
(3) have successfully completed basic training or commissioning;
(4) not hold a baccalaureate degree or higher; and
(5) be enrolled in a program that leads to a postsecondary degree,
diploma or be studying for relevant continuing education purposes.
(c) A loan awarded under this section shall be interest free and may be
partially or completely cancelled and forgiven for a person who:
(1) submits certification that the person has successfully completed the
course; and
(2) submits certification that the person has completed two years of
national guard service for each full academic year award. Service
requirements for less than a full academic year award shall be proportionate to
the amount of the award. The board shall determine the amount of loan to be
cancelled for each completed year of service. The amount cancelled for each
year of service shall not exceed 50 percent of the loan.
(d) The adjutant general shall provide a certificate of eligibility to each
person who has been found to be eligible for educational assistance under this
section. The certificate shall be valid for one academic year.
(e) A person shall not be eligible for educational assistance under this
section for any courses taken after he or she has been awarded a baccalaureate
degree or is no longer an active member in good standing of the Vermont army
national guard or the air national guard.
JOURNAL OF THE HOUSE
1362
(f) The board, in consultation with the office of the adjutant general, shall
adopt rules necessary to implement the provisions of this section. Rules shall
include definitions of “successful completion of a course”, “relevant
continuing education courses” and what constitutes an “academic year”. Rules
adopted by the Vermont state colleges under section 2183 of this title, prior to
its repeal, shall remain valid under this section and shall be administered by the
corporation.
(g) Annually by January 15, the adjutant general shall report to the
legislature, and shall include in the report statistics and information on the
following issues:
(1) the number of guardsmen and women enrolled in educational
programs as a result of the funding provisions of this section;
(2) the number of guardsmen and women who applied for funding under
this section but were not able to obtain such funding;
(3) the types of programs undertaken and names of institutions attended
by students; and
(4) the number of guards men and women who have completed their
course work.
Sec. 62. REPEAL
16 V.S.A. § 2183, relating to Vermont state colleges administration of
national guard scholarships, is repealed.
Sec. 63. Military - veterans' affairs
Personal services
85,392
Operating expenses
21,165
Grants
74,000
Total
180,557
Source of funds
General fund
Sec. 64. Military - army service contract
180,557
1363
SATURDAY, MAY 15, 1999
Personal services
Operating expenses
Total
857,180
2,006,700
2,863,880
Source of funds
General fund
113,598
Federal funds
2,750,282
Total
2,863,880
Sec. 65. Military - air service contract
Personal services
Operating expenses
Total
2,450,062
577,792
3,027,854
Source of funds
General fund
232,123
Federal funds
2,795,731
Total
3,027,854
Sec. 66. Military - building maintenance
Personal services
484,999
Operating expenses
142,498
Total
627,497
Source of funds
General fund
627,497
Sec. 67. Labor and Industry
Personal services
3,747,417
Operating expenses
1,040,000
Total
4,787,417
Source of funds
General fund
673,773
Federal funds
459,393
JOURNAL OF THE HOUSE
Special funds
Interdepartmental transfer
Total
1364
3,602,251
52,000
4,787,417
(a) Of the $3,602,251.00 appropriated from special funds, $200,000.00 is
appropriated for the purpose of information technology equipment, software
and implementation costs, and is contingent upon approval of an information
technology plan by the chief information officer.
(b) The establishment of two (2) new classified positions – one (1) Fire
Prevention Officer, Inspector and one (1) Fire Prevention Officer, Trainer - is
authorized in fiscal year 2000.
Sec. 68. Criminal justice training council
Personal services
616,662
Operating expenses
152,460
Total
769,122
Source of funds
General fund
121,917
Transportation fund
339,807
Special funds
199,398
Interdepartmental transfer
108,000
Total
769,122
Sec. 69. Liquor control - enforcement and licensing
Personal services
Operating expenses
Total
1,340,163
359,657
1,699,820
Source of funds
Federal funds
36,888
Tobacco funds
300,000
Enterprise funds
Interdepartmental transfer
1,322,932
40,000
1365
SATURDAY, MAY 15, 1999
Total
1,699,820
(a) The establishment of four (4) new classified positions - one (1)
Enforcement Supervisor, two (2) Investigator, and one (1) Clerk C - is
authorized in fiscal year 2000.
Sec. 70. Liquor control – administration
Personal services
1,393,268
Operating expenses
Total
717,005
2,110,273
Source of funds
Enterprise funds
2,110,273
Sec. 71. Vermont racing commission
Personal services
6,503
Operating expenses
10,695
Total
17,198
Source of funds
Special funds
17,198
Sec. 72. Secretary of state
Personal services
2,150,359
Operating expenses
Total
809,697
2,960,056
Source of funds
General fund
816,446
Special funds
2,068,610
Interdepartmental transfer
Total
75,000
2,960,056
(a) The establishment of two (2) new classified positions - one (1)
Campaign Finance Administrator and one (1) Data Clerk Typist - is authorized
in fiscal year 2000.
JOURNAL OF THE HOUSE
1366
(b) The conversion of one (1) limited service position - Licensing Board
Inspector - to a new classified position is authorized in fiscal year 2000.
Sec. 73. Medical practice board
Personal services
436,390
Operating expenses
105,168
Total
541,558
Source of funds
Special funds
541,558
Sec. 74. Banking, insurance, securities, and health care
administration - administration
Personal services
Operating expenses
Total
483,453
19,000
502,453
Source of funds
Special funds
502,453
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Secretary C is authorized in fiscal year 2000.
(b) The establishment of one (1) new classified position - Information
Technology Specialist II - is authorized in fiscal year 2000.
Sec. 75. Banking, insurance, securities, and health care
administration - banking
Personal services
933,779
Operating expenses
301,135
Total
1,234,914
Source of funds
Special funds
Sec. 76. Banking, insurance, securities, and health care
administration - insurance
1,234,914
1367
SATURDAY, MAY 15, 1999
Personal services
2,519,836
Operating expenses
Total
482,740
3,002,576
Source of funds
Special funds
3,002,576
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Program
Services Clerk - is authorized in fiscal year 2000.
Sec. 77. Banking, insurance, securities, and health care
administration - securities
Personal services
289,463
Operating expenses
104,933
Total
394,396
Source of funds
Special funds
394,396
(a) The establishment of one (1) new classified position - Securities
Examiner - is authorized in fiscal year 2000.
Sec. 78. Banking, insurance, securities, and health care
administration - captive
Personal services
984,499
Operating expenses
234,170
Total
1,218,669
Source of funds
Special funds
1,218,669
(a) The establishment of one (1) new classified position - Insurance
Examiner - is authorized in fiscal year 2000.
Sec. 79. Banking, insurance, securities, and health care
administration - health care administration
JOURNAL OF THE HOUSE
Personal services
1368
1,960,500
Operating expenses
Total
331,965
2,292,465
Source of funds
General fund
525,932
Special funds
1,766,533
Total
2,292,465
Sec. 80. Public safety - state police
Personal services
Operating expenses
23,201,011
4,887,366
Grants
572,100
Other
135,700
Total
28,796,177
Source of funds
General fund
Transportation fund
6,363,436
18,157,462
Federal funds
2,084,119
Special funds
1,555,169
Interdepartmental transfer
Total
635,991
28,796,177
(a) Of the above appropriation, $1,080,435.00 shall be expended for police
cruisers for field duty work and $22,000.00 shall be available for snowmobile
law enforcement activities.
(b) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Account
Clerk B - is authorized in fiscal year 2000.
(c) Of the above appropriation, $25,000.00 shall be used to provide clerical
assistance to any state police office providing no dispatch services and
recording over 5,000 incidents per year. The dispatch services at the Vermont
1369
SATURDAY, MAY 15, 1999
State Police Shaftsbury field station shall not be consolidated with other
dispatch services in another location in the state until the essential nondispatch
services currently being provided by the dispatchers at the Shaftsbury field
station are replaced.
Sec. 81. Public safety - criminal justice services
Personal services
4,264,802
Operating expenses
2,663,425
Grants
1,168,000
Total
8,096,227
Source of funds
General fund
25,000
Transportation fund
2,903,659
Federal funds
2,892,367
Special funds
1,734,081
Interdepartmental transfer
Total
541,120
8,096,227
(a) The Vermont center for justice research is designated as the state's
instrumentality to receive statistical analysis center federal funds.
(b) The department of public safety shall provide business manager
services for the Vermont criminal justice training council.
(c) Of the above appropriation, $575,000.00 shall be used for DUI
enforcement at the local level.
(d) The above universal service fund appropriation shall be limited for use
to support activities directly related to enhanced 911 call taking.
(e) The establishment of one (1) new classified position - Coordinator of
Alcohol Traffic Safety Programs - authorized in fiscal year 2000.
Sec. 82. 30 V.S.A. § 7054(e)(4) is added to read:
(e) Disbursements may be made for:
JOURNAL OF THE HOUSE
1370
***
(4) Costs solely attributable to statewide public safety answering point
operations.
Sec. 83. Public safety - emergency management
Personal services
947,151
Operating expenses
490,714
Grants
477,300
Total
1,915,165
Source of funds
General fund
132,298
Transportation fund
68,345
Federal funds
1,269,251
Special funds
445,271
Total
1,915,165
(a) The establishment of two (2) new classified positions - one (1)
Hazardous Materials Coordinator and one (1) State Hazard Mitigation Officer is authorized in fiscal year 2000.
Sec. 84. Agriculture, food and markets administration
Personal services
Operating expenses
Grants
Total
552,602
85,402
268,871
906,875
Source of funds
General fund
708,594
Special funds
74,210
Interdepartmental transfer
Total
124,071
906,875
1371
SATURDAY, MAY 15, 1999
(a) The commissioner of agriculture, food and markets is authorized to
participate in the Northeast States Agricultural Stewardship Program for the
development of agricultural policy.
Sec. 85. Agriculture, food and markets agriculture development
Personal services
431,818
Operating expenses
120,735
Other
321,173
Total
873,726
Source of funds
General fund
415,890
Special funds
407,836
Interdepartmental transfer
Total
50,000
873,726
Sec. 86. Agriculture, food and markets animal and dairy
Personal services
Operating expenses
Grants
Total
1,255,513
254,001
4,492
1,514,006
Source of funds
General fund
962,044
Federal funds
503,622
Special funds
43,340
Interdepartmental transfer
Total
Sec. 87. Agriculture, food and markets plant industry, labs and consumer
5,000
1,514,006
JOURNAL OF THE HOUSE
1372
assurance
Personal services
Operating expenses
Total
1,792,659
406,087
2,198,746
Source of funds
General fund
Transportation fund
663,595
43,082
Federal funds
298,737
Special funds
1,048,359
Interdepartmental transfer
Total
144,973
2,198,746
Sec. 88. Agriculture, food and markets - state stipend
Grants
125,000
Source of funds
General funds
125,000
Sec. 89. Agriculture, food and markets - mosquito control
Grants
90,000
Source of funds
Special funds
90,000
Sec. 90. Public service - regulation and energy
Personal services
3,576,361
Operating expenses
694,641
Grants
290,000
Total
4,561,002
Source of funds
Federal funds
665,197
Special funds
3,870,805
Interdepartmental transfer
Total
25,000
4,561,002
1373
SATURDAY, MAY 15, 1999
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new exempt position - Attorney - is
authorized in fiscal year 2000.
Sec. 91. Public service - purchase and sale of power
Personal services
7,213
Operating expenses
370
Total
7,583
Source of funds
Special funds
7,583
Sec. 92. Enhanced 9-1-1 Board
Personal services
1,953,059
Operating expenses
Total
133,340
2,086,399
Source of funds
Special funds
2,086,399
(a) The establishment of three (3) new classified positions - one (1) E-911
Assistant Database Administrator, one (1) E-911 Systems
Administrator/engineer and one (1) GIS Technician - is authorized in fiscal
year 2000.
(b) Notwithstanding any other provision of law, no other agency of state
government may spend funds appropriated by this act for the purpose of
requiring any individual to disclose any enhanced 911 address related to such
individual, provided that the individual furnishes an alternative mailing
address.
Sec. 93. Public service board
Personal services
Operating expenses
Total
1,937,800
285,000
2,222,800
JOURNAL OF THE HOUSE
1374
Source of funds
Special funds
2,222,800
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Secretary B is authorized in fiscal year 2000.
Sec. 94. Judiciary
Personal services
Operating expenses
Other
Total
17,272,500
2,724,500
2,000
19,999,000
Source of funds
General fund
Transportation fund
Federal funds
Interdepartmental transfer
Total
15,254,387
2,926,073
127,000
1,691,540
19,999,000
(a) The establishment of one (1) new exempt position - Systems Developer
III - is authorized in fiscal year 2000.
Sec. 95. Human rights commission
Personal services
Operating expenses
Total
268,874
26,956
295,830
Source of funds
General fund
250,341
Federal funds
45,488
Special funds
1
Total
Sec. 96. Vermont radiological emergency response
295,830
1375
SATURDAY, MAY 15, 1999
plan fund
Other
300,000
Source of funds
Special funds
300,000
Sec. 97. Vermont fire service training council
Personal services
469,333
Operating expenses
271,903
Total
741,236
Source of funds
General fund
59,688
Transportation fund
95,000
Federal funds
155,248
Special funds
323,000
Interdepartmental transfer
108,300
Total
741,236
(a) The following positions are authorized to replace ongoing temporary
services. The establishment of two (2) new classified positions - one (1) Fire
Service Training Site Coordinator and one (1) Data Clerk - is authorized in
fiscal year 2000.
Sec. 98. Total protection to persons and
127,729,834
property
Source of funds
General fund
43,319,943
Transportation fund
26,593,767
Federal funds
17,552,150
Special funds
30,922,592
Tobacco funds
Enterprise funds
490,000
3,433,205
JOURNAL OF THE HOUSE
Interdepartmental transfer
Total
1376
5,418,177
127,729,834
Sec. 99. Human services - agency of human
services - central office
Personal services
2,789,655
Operating expenses
Grants
Total
944,397
5,612,448
9,346,500
Source of funds
General fund
3,580,070
Federal funds
5,025,804
Special funds
740,626
Total
9,346,500
(a) The following position is authorized to replace ongoing contractual
services. The establishment of one (1) new classified position - Vermont
Prevention Institute Team Director - is authorized in fiscal year 2000.
(b) The amount included in grants allocated for Parents Anonymous is
hereinafter allocated to the organization referred to as Prevent Child Abuse Vermont.
(c) The establishment of one (1) new exempt position - Staff Attorney III is authorized in fiscal year 2000.
Sec. 100.
IMPROVING OUTCOMES THROUGH STATE AND
COMMUNITY PARTNERSHIPS
(a) The general assembly supports and encourages the collaborative,
reciprocal ventures undertaken by the agency of human services, the
department of education, the University of Vermont and their community
partners in order to improve the lifelong well-being of all Vermonters. It
creates a research partnership among the parties to study and improve the
1377
SATURDAY, MAY 15, 1999
effectiveness of this collaborative work and gives permission for this research
to be cooperatively funded by the partners.
(b) Outcomes related to the well-being of Vermonters shall be studied and
reported for at least the following areas: Pregnant women and newborns
thrive, infants and children thrive, children are ready for school, children are
successful in school, children live in stable and supported families, youth
choose healthy behaviors, youth successfully transition to adulthood, families,
youth and citizens are engaged in and contribute to their community’s
decisions and activities, families and individuals live in safe and supportive
communities, and elders and people with disabilities live with dignity and
independence in settings they prefer.
(c) On or before February 15 of each year, the secretary of the agency of
human services and the commissioner of education shall file a written report
with the general assembly regarding the development and accomplishments of
state and regional partnerships, the status of outcomes on a state and local
level, and the findings of research undertaken. The secretary and
commissioner shall also make recommendations for improving existing state,
regional and local partnerships based on the outcome research data.
Sec. 101.
Rate Setting
Personal services
Operating expenses
Total
525,813
60,250
586,063
Source of funds
Interdepartmental transfer
Sec. 102.
586,063
Human services board
Personal services
Operating expenses
Total
204,860
26,109
230,969
JOURNAL OF THE HOUSE
Source of funds
1378
General fund
84,298
Federal funds
124,171
Interdepartmental transfer
22,500
Total
Sec. 103.
230,969
Corrections – administration
Personal services
1,237,946
Operating expenses
Grants
Total
352,087
3,511,330
5,101,363
Source of funds
General fund
1,501,363
Federal funds
3,550,000
Special funds
50,000
Total
5,101,363
(a) Vermont correctional industries is authorized to develop prison industry
enhancement projects, as permitted in the Federal Justice Assistance Act of
1984 (P.L. 98-473). No appropriation is authorized for these purposes.
(b) The following positions are authorized to replace ongoing contractual
services. The establishment of two (2) new classified positions – Information
Technology Specialist - is authorized in fiscal year 2000.
Sec. 104.
Corrections - parole board
Personal services
Operating expenses
Total
154,611
64,555
219,166
Source of funds
General fund
219,166
1379
SATURDAY, MAY 15, 1999
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Secretary B is authorized in fiscal year 2000.
Sec. 105.
Corrections - corrections services
Personal services
41,645,364
Operating expenses
18,541,365
Grants
Total
150,000
60,336,729
Source of funds
General fund
Transportation fund
57,734,246
1,343,011
Federal funds
508,587
Special funds
274,500
Interdepartmental transfer
476,385
Total
60,336,729
(a) The following positions are authorized to replace ongoing temporary
and contractual services. The establishment of three (3) new classified
positions - one (1) Secretary B, one (1) Domestic Abuse Chief, one (1)
Volunteer Services Coordinator, and one (1) new exempt position - Assistant
Attorney General - is authorized in fiscal year 2000.
(b) The establishment of forty-nine (49) new classified positions - six (6)
Correctional Officer III, ten (10) Corrections Services Specialist II, one (1)
Corrections Services Manager, seventeen (17) Correctional Officer II, one (1)
Living Unit Coordinator, nine (9) Correctional Officer I, one (1)
Administrative Assistant A, one (1) Secretary C, and three (3) Foreman B - is
authorized in fiscal year 2000.
(c) The department of corrections shall study and report to the general
assembly by January 15, 2000 all options which address the development of
JOURNAL OF THE HOUSE
supervised community capacity that will attenuate the state’s increasing
1380
reliance on secure correctional facility beds.
(d) The department of corrections shall have a residential treatment
program for female offenders which provides a full range of appropriate
treatment options comparable to those available to male offenders. This
program shall be in place no later than January 1, 2000.
Sec. 106.
Corrections – correctional facilities
Special fund
Personal services
138,715
Operating expenses
276,900
Total
415,615
Source of funds
Special funds
415,615
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of eight (8) new classified positions - Recreation
Coordinator - is authorized in fiscal year 2000.
(b) In counties in which ten or more furloughed inmates reside, the
department of corrections shall maintain a supervisory presence in such
counties for those inmates. Such supervisory presence shall be maintained in
such counties a minimum of 40 hours per week, and shall be staffed by one or
more furlough personnel at the correctional officer III level or higher.
Sec. 107.
Corrections – correctional education
Personal services
Operating expenses
Total
1,904,104
357,925
2,262,029
Source of funds
General fund
Interdepartmental transfer
Total
1,958,244
303,785
2,262,029
1381
SATURDAY, MAY 15, 1999
(a) The establishment of two (2) new classified positions - Correctional
Instructor - is authorized in fiscal year 2000.
Sec. 108.
Corrections – Vermont correctional industries
Personal services
945,610
Operating expenses
802,100
Total
1,747,710
Source of funds
Internal service funds
Sec. 109.
1,747,710
Developmental disabilities council
Personal services
Operating expenses
Other
Total
104,852
33,498
264,743
403,093
Source of funds
Federal funds
Sec. 110.
403,093
Health – administration and support
Personal services
Operating expenses
Total
2,241,733
788,000
3,029,733
Source of funds
General fund
1,183,354
Federal funds
1,809,512
Special funds
17,767
Interdepartmental transfer
19,100
Total
3,029,733
(a) The following position is authorized to replace ongoing contractual
services. The establishment of one (1) new classified position - Staff Assistant
- is authorized in fiscal year 2000.
Sec. 111.
JOURNAL OF THE HOUSE
Health – health protection
Personal services
1382
2,651,050
Operating expenses
656,600
Grants
120,000
Total
3,427,650
Source of funds
General fund
1,424,915
Federal funds
1,126,735
Special funds
756,000
Interdepartmental transfer
120,000
Total
3,427,650
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of two (2) new classified positions - one (1)
Business Manager B, and one (1) Lead Control Program Specialist - is
authorized in fiscal year 2000.
Sec. 112.
Health – health surveillance
Personal services
4,035,099
Operating expenses
1,551,010
Grants
1,907,153
Total
7,493,262
Source of funds
General fund
3,235,987
Federal funds
3,440,175
Special funds
771,700
Interdepartmental transfer
35,400
Expendable trust
10,000
Total
7,493,262
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of eight (8) new classified positions - two (2)
1383
SATURDAY, MAY 15, 1999
Health Surveillance Biostatistician, one (1) Certified Cancer Registrar, one (1)
AIDS Medication Assistant Coordinator, one (1) AIDS Special Projects
Coordinator, two (2) AIDS Prevention Specialist, and one (1) AIDS Training
and Technical Assistance Coordinator - is authorized in fiscal year 2000.
(b) The establishment of three (3) new classified positions - one (1) Public
Health Physician, one (1) Microbiologist B, and one (1) Data Entry Operator is authorized in fiscal year 2000.
(c) Of the above general fund appropriation, $300,000.00 shall be allocated
through the AIDS services program for community-based support services to
persons living with HIV/AIDS in every county provided by AIDS services
organizations, at least 75 percent of whose program is HIV/AIDS services
and/or prevention.
(d) Of the above federal fund appropriation, $123,653.00 shall be allocated
as follows: $40,000.00 shall be allocated to the University of Vermont
comprehensive care clinic and $83,653.00 shall be allocated to communitybased support services to persons living with HIV/AIDS in every county
provided by AIDS services organizations, at least 75 percent of whose program
is HIV/AIDS services and/or prevention.
(e) Of the above federal fund appropriation, $590,300.00 shall be allocated
for community-based HIV prevention activities provided by nonprofit agencies
in every county.
Sec. 113.
HIV/AIDS MEDICAL ASSISTANCE PROGRAM
(a) $200,000.00 of the general fund appropriation in Sec. 112 of this act
shall be used for all aspects of the HIV/AIDS medication assistance program
(AMAP), including the costs of prescribed medications, related laboratory
testing, nutritional supplements and maximum cost effectiveness for the
program.
JOURNAL OF THE HOUSE
1384
(b) 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 the
persons with AIDS coalition to develop a plan to continue access to AMAP
medications until such time as the legislature can take action.
(c) The secretary of human services shall continue to convene an AMAP
advisory committee comprised of no less than 50 percent members who are
living with HIV. The committee shall make recommendations regarding the
program's formulary of approved medications, related laboratory testing,
nutritional supplements and eligibility for the program.
Sec. 114.
Health – health improvement
Personal services
Operating expenses
Grants
Other
Total
2,832,911
789,400
5,501,682
500,000
9,623,993
Source of funds
General fund
2,313,607
Federal funds
5,775,036
Special funds
411,266
Tobacco funds
960,584
Interdepartmental transfer
163,500
Total
9,623,993
(a) The department of health may carry forward any unspent portion of
funds designated for primary care 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 who agree to practice for a prescribed period of time in the state
serving a portion of the state designated as a health professional shortage
1385
SATURDAY, MAY 15, 1999
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 following positions are authorized to replace ongoing contractual
services. The establishment of ten (10) new classified positions - four (4)
Medical Social Worker, one (1) Public Health Nutrition Specialist, one (1)
Administrative Assistant B, one (1) Family, Infant, and Toddler Program
Chief, one (1) Public Health Specialist, and two (2) Secretary C - is authorized
in fiscal year 2000.
(c) The establishment of one (1) new classified position - Public Health
Nutrition Specialist - is authorized in fiscal year 2000.
(d) Of the above tobacco settlement fund appropriation, $500,000.00 is to
support the Vermont coalition of clinics for the uninsured health care and
dental services provided by clinics for uninsured individuals and families. The
coalition shall report to the general assembly on or before January 1 of each
year with a fiscal and program accounting of expenditures made with the
monies appropriated by the general assembly.
(e) A portion of the above tobacco fund appropriation is to supplement the
Robert Wood Johnson foundation grant and shall be used to develop an early
education program which incorporates creative approaches to promoting
appropriate lifelong health habits, including information on the dangers of
tobacco use.
(f) The department of health shall devote tobacco prevention funds to the
development of an awareness and education campaign targeted at young
women to inform them about risks to the fetus associated with maternal
smoking and exposure to secondhand smoke during pregnancy. The campaign
shall also address that the risk to infants is associated with exposure to
JOURNAL OF THE HOUSE
1386
secondhand smoke during infancy and how smoking behavior effects an
increased incidence of Sudden Infant Death Syndrome (SIDS).
Sec. 115.
Health – community public health
Personal services
7,904,743
Operating expenses
1,369,879
Grants
2,873,950
Other
6,613,000
Total
18,761,572
Source of funds
General fund
3,614,362
Federal funds
14,765,710
Special funds
264,500
Interdepartmental transfer
117,000
Total
18,761,572
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of twenty (20) new classified positions - one (1)
Public Health Nursing Specialist, sixteen (16) Public Health Nurse, one (1)
WIC Program Specialist, and two (2) Data Clerk - is authorized in fiscal year
2000.
Sec. 116.
Health - alcohol and drug abuse programs
Personal services
Operating expenses
Grants
Total
2,657,433
494,958
8,854,000
12,006,391
Source of funds
General fund
2,826,493
Federal funds
8,504,798
Special funds
605,100
Interdepartmental transfer
70,000
1387
SATURDAY, MAY 15, 1999
Total
12,006,391
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of six (6) new classified positions - one (1)
Secretary C, one (1) Secretary B, two (2) Substance Abuse Program Specialist,
one (1) Grants Administrator, and one (1) Program Services Clerk - is
authorized in fiscal year 2000.
Sec. 117.
Social welfare - administration
Personal services
24,641,992
Operating expenses
12,496,021
Grants
Total
5,249,538
42,387,551
Source of funds
General fund
12,791,609
Federal funds
25,462,365
Special funds
3,636,361
Tobacco funds
Total
497,216
42,387,551
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - District Office
Clerk – is authorized in fiscal year 2000.
(b) The establishment of five (5) new classified positions - one (1)
Organization and Operations Analyst B, one (1) Senior Research and Statistics
Analyst, two (2) Program Service Clerk and one (1) Accountant C - is
authorized in fiscal year 2000.
(c) Of the above appropriation, $50,000.00 is allocated to provide
ombudsman services for enrollees in the health care assistance programs
administered by the department of social welfare.
Sec. 118.
Social welfare – aid to needy families
JOURNAL OF THE HOUSE
1388
with children
Grants
43,531,324
Source of funds
General fund
16,217,899
Federal funds
25,113,425
Special funds
2,200,000
Total
43,531,324
(a) An 18-year-old dependent child who is a full-time student in a
secondary school, or attending an equivalent level of vocational or technical
training, and reasonably expected to complete the program before reaching age
19 or not expected to complete the program before reaching age 19 solely due
to a documented disability, may remain on the ANFC grant. Coverage of
disabled 18-year olds shall remain in effect for so long as required by court
decision.
(b) Of the above appropriation $1,330,000 shall be expended to provide an
ANFC special needs allowance for eligible families whose actually incurred
allowable housing expenses exceed the maximum monthly allowances
specified in the Welfare Assistance Manual section for the ANFC program
titled “Housing Allowance – Eligibility Standards”. This special needs
allowance shall be applied as follows. Families whose actually incurred
allowable housing expenses exceed the applicable maximum monthly
allowance by at least $90.00 will receive, as part of their ANFC benefit, a
housing-cost-based special needs allowance of $90.00, ratably reduced.
Families whose actually incurred allowable housing expenses exceed the
applicable maximum monthly allowance by less than $90.00 will receive, as
part of their ANFC benefit, a housing-cost-based special needs allowance of
the difference between their actually incurred allowable housing expenses and
the applicable maximum monthly housing allowance, ratably reduced.
1389
SATURDAY, MAY 15, 1999
Sec. 118a. Sec. 120 of No. 147 of the Acts of 1998, as amended by Sec. 35 of
No. 1 of the Acts of 1999, is further amended to read:
Sec. 120.
Social welfare - aid to needy families
with children
Grants
44,876,340
45,101,340
General fund
16,217,899
16,442,899
Federal funds
26,558,441
26,558,441
Special funds
2,100,000
2,100,000
44,876,340
45,101,340
Source of Funds
Total
(a) An 18-year-old dependent child who is a full-time student in a
secondary school, or attending an equivalent level of vocational or technical
training, and reasonably expected to complete the program before reaching age
19 or not expected to complete the program before reaching age 19 solely due
to a documented disability, may remain on the ANFC grant. Coverage of
disabled 18-year olds shall remain in effect for so long as required by court
decision.
(b) Of the above appropriation $225,000.00 general funds and $875,000.00
federal funds shall be available for state match of the federal job access reverse
commute grant.
(c) The agency of transportation which shall act as the lead agency in
cooperation with the agency of human services, agency of commerce and
community development and the department of employment and training shall
establish a permanent interagency working group for the purposes of
developing and implementing a job access and reverse commute transportation
plan as is required under federal law, as well as for statewide interagency
coordination of public transit services. This interagency working group shall
work in cooperation with public transit providers and others in developing the
JOURNAL OF THE HOUSE
1390
job access and reverse commute program and in developing an integrated
public transit system. Consistent with conditions of the grant, the interagency
working group shall continue to seek alternatives to the existing state general
fund and federal TANF funds as a match for this federal grant. In addition to
any federal requirements for implementing a job access and reverse commute
transportation plan, the agency of transportation shall ensure:
(1) that the new services under this program are currently not being
provided by transit providers under 24 V.S.A. § 5090, or Rideshare-Ridematch
programs,
(2) that ridership surveys of the service population support the proposed
additional service,
(3) that providers are able to implement their projects upon funding,
including being able to cash-expend their grant award during the appropriate
fiscal year,
(4) any requests for capital assistance shall be evaluated by the public
transit section of the agency of transportation in coordination with the
department of employment and training and the agency of human services.
(d) The agency of transportation with the cooperation of the interagency
working group shall submit an annual report to the house and senate
committees on appropriations, health and welfare and transportation. The
report shall provide an overview of the services provided under the job
access/reverse commute program. Such report shall include but not be limited
to information regarding ridership numbers of the intended population to be
served, total ridership numbers, and employers providing jobs to the
individuals receiving services under this program.
(e) Upon completion of the second year of the program authorized under
this section, the agency of transportation shall make recommendations to the
general assembly regarding continuation of any services upon the conclusion
of the job access/reverse commute program. Such recommendation shall be
1391
SATURDAY, MAY 15, 1999
based in part upon an agency of transportation examination of the number of
job access/reverse commute individuals receiving services under this section
on each transit route. The agency in making its recommendation for
continuation of service shall consider the state transit policy plan, distribution
of existing public transit resources and levels of existing service other than the
program under this section.
Sec. 119.
Sec. 10(f) of Act No. 106 of the Acts of 1994 is added to read:
(f) Notwithstanding any other provision of law, a parent who is the ablebodied primary wage earner in a participating two-parent family subject to a
work requirement in accordance with this section must be engaged in paid
unsubsidized employment at least 40 hours per week or participate
satisfactorily in the Reach Up program activities specified in subdivisions (1)
through (3) of this subsection. Such a parent who fails, without good cause, to
meet this requirement shall be subject to the sanctions applied to other failures
to comply with Reach Up program requirements without good cause.
(1) Community work experience for 40 hours per week (or a lesser
amount that, in combination with the parent's unsubsidized paid employment,
equals 40 hours per week) during the first calendar month through the 14th
calendar month for which ANFC benefits are received, unless required to
participate in job search, as specified in subdivision (2) of this subsection.
When the weekly amount of the monthly ANFC and food stamp benefits for a
family of the same size with no income divided by Vermont's minimum wage
is less than 39.5, the required number of hours per week shall be adjusted
accordingly.
(2) Job search for 40 hours per week (or a lesser amount that, in
combination with the parent's unsubsidized paid employment, equals 40 hours
per week) during the periods specified below:
JOURNAL OF THE HOUSE
1392
(A) the period of two weeks immediately following the family's
application for benefits, or reapplication for benefits following a period of
nonreceipt lasting at least 30 days, or during the period a decision on
application or reapplication is pending, whichever period ends later;
(B) the first two weeks of the fifth and tenth calendar months for
which ANFC benefits are received;
(C) the 15th calendar month for which ANFC benefits are received;
and
(D) the two weeks following the loss, with good cause, of
unsubsidized paid employment.
(3) Community service employment for 40 hours per week, community
work experience for 40 hours per week, job search for 40 hours per week,
other paid work activities, or any combination of these activities, as deemed
appropriate by the department of social welfare or its designee, that equals 40
hours per week, or a lesser amount that, in combination with the parent's
unsubsidized paid employment, equals 40 hours per week, during any calendar
month subsequent to the 15th calendar month of ANFC receipt. When the
weekly amount of the monthly ANFC and food stamps benefits for a family of
the same size with no income divided by Vermont's minimum wage is less
than 39.5, the required number of hours per week shall be adjusted
accordingly.
Sec. 120.
Social welfare - aid to aged, blind and disabled
Grants
9,967,628
Source of funds
General fund
9,967,628
(a) Of the above general fund appropriation, $450,000.00 shall be used to
provide a five percent increase in the monthly AABD state supplement to
federal Supplemental Security Income (SSI) benefits for SSI/AABD recipients
residing in all living arrangements except long-term care facilities and an
1393
SATURDAY, MAY 15, 1999
increase of $2.25 in the monthly AABD state supplement for SSI/AABD
recipients residing in long-term care facilities. This AABD benefit increase
shall result in an increase, from $45.00 to $47.25, in the monthly personal
needs allowance retained by SSI recipients who reside in residential care
homes and long-term care facilities. This increase in the AABD state
supplement and the increase in the personal needs allowance shall be effective
on July 1, 1999, or the first day of the earliest calendar month in which the
federal Social Security Administration can implement such AABD increase,
whichever is later.
Sec. 121.
Social welfare – Medicaid
Grants
340,845,606
Source of funds
General fund
72,442,463
Federal funds
212,475,462
Special funds
40,945,620
Tobacco funds
14,982,061
Total
340,845,606
(a) Notwithstanding other provisions of law, the commissioner shall have
the authority to establish by rule, program premiums and cost-sharing
requirements for individuals and households eligible for medical assistance
under either the provisions of Title XIX or Title XXI of the Social Security
Act, whichever is applicable. Program premiums and cost-sharing
requirements may be adjusted periodically by rule based on inflation or
program changes.
(b) HIV/AIDS HEALTH INSURANCE ASSISTANCE PROGRAM
(1) The department of social welfare, in cooperation with the department
of health, shall operate an HIV/AIDS insurance assistance program.
JOURNAL OF THE HOUSE
(2) The program shall pay all or a portion of continuation health
1394
insurance premiums for those eligible individuals with HIV/AIDS for whom it
can be determined that continuation of private insurance coverage is less costly
to the state than other alternatives.
(3) Eligibility for this program shall be limited to individuals whose
household income does not exceed 200 percent of the federal poverty level,
after deducting unreimbursed medical expenses and health insurance premiums
from gross income, and whose assets, exclusive of the primary residence and
certain other exclusions to be defined by the department of social welfare, do
not exceed $10,000.00.
(4) Expenditures under this program shall not exceed $55,000.00 in
fiscal year 2000.
(c) Of the above general fund appropriation, $25,000.00 shall be used to
provide a five percent increase in the personal needs allowance retained by
Vermont Medicaid beneficiaries who live in a long-term care facility and who
are not recipients of SSI/AABD benefits. This five percent increase results in
the monthly personal needs allowance increasing from $45.00 to $47.25. This
increase in the Medicaid personal needs allowance shall be effective on the
same date as the five percent increase in the AABD state supplement is
effective.
(d) Of the above general fund, $308,587.00 shall be used for the expansion
of the VScript program as amended in Sec. 122 and Sec. 123 of this bill. The
department shall seek to minimize the use of state funds through rebates with
pharmacuetical manufacturers. The department shall begin enrollment of
eligible Vermonters on December 1, 1999 and shall provide benefits to
enrolled individuals as of January 1, 2000.
(e) The rules for Medicaid payments for nursing homes shall be amended,
effective January 1, 1999, to raise the limit on recognition of base year indirect
per diem costs to 137 percent of the median of base year indirect per diem
1395
SATURDAY, MAY 15, 1999
costs of all private nursing homes participating in the Vermont Medicaid
program, for hospital-based nursing homes that meet all of the following
criteria on the date of passage of this act: (1) are physically integrated as part
of a hospital building with at least one common wall and a direct internal
access between the hospital and the nursing home; (2) are part of a single
corporation that governs both the hospital and the nursing home; and (3) file
one Medicare cost report for both the hospital and the nursing home.
Notwithstanding any other provision of law, annually the estimated additional
cost of this increased limit on indirect costs for hospital-based nursing facilities
as defined herein shall be deducted from the inflation factor adjustments to
Medicaid payment rates for all nursing homes.
(f) Notwithstanding any other provisions of law, this rule change in
subsection (e) shall be adopted as soon as practicable after passage of this act
and shall be exempt from the procedural requirements of 3 V.S.A. chapter 25,
except that the agency of human services shall make reasonable efforts to
ensure that the change is made known to persons who may be affected by it.
The required rule change shall stay in effect for two years from its effective
date or until such time as it is amended pursuant to 3 V.S.A. chapter 25,
whichever is later.
(g) Of the above general fund appropriation, $50,000.00 shall be used to
add over-the-counter and prescription smoking cessation products, with a limit
of two treatment regimes per calendar year, as a covered benefit for traditional
Medicaid and Vermont Health Access Plan (uninsured) beneficiaries. These
funds shall be matched with available federal funds.
(h) Of the above special funds, $46,000.00 shall be used to extend
Medicaid eligibility to disabled workers in families whose income is less than
250 percent of the federal poverty level and who would be considered to be
receiving supplemental security income (SSI) except for earnings in excess of
JOURNAL OF THE HOUSE
1396
SSI income limits or, subsequent to initial Medicaid eligibility, assets in excess
of SSI limits that are attributable to savings from earnings. In addition, up to
$500.00 per month of the disabled worker’s Social Security disability
insurance payments shall be disregarded in the Medicaid eligibility
determination. The commissioner shall have the authority to establish program
premiums and other cost-sharing charges by rule for such coverage. These
funds shall be matched with available federal funds.
(i) Of the above general fund appropriation, $114,000.00 shall be used to
add analog hearing aids, batteries, repairs and audiological examinations as
covered benefits for traditional Medicaid beneficiaries. If determined to be
cost-effective, such analog hearing aids shall be provided through a
single-source contractor. These funds shall be matched with available federal
funds.
(j) Of the above appropriation, $46,000.00 shall be used to expand vision
benefits to Medicare eligible individuals enrolled in the Vermont health access
plan. The department shall seek to maximize federal funds for this program.
This expansion shall be effective when the amended state plan receives
approval from HCFA.
Sec. 122. 18 V.S.A. § 251(3) is amended to read:
For purposes of this chapter:
***
(3) "Drug" means a drug that may not be dispensed unless prescribed by
a licensed physician health care provider as defined by section 9402(6) of this
title acting within the scope of the provider’s license. A drug shall always be
the lowest cost brand available to the pharmacist unless the physician health
care provider writing the prescription specifies otherwise. The term includes
insulin, an insulin syringe and an insulin needle. The term excludes:
(A) a drug determined less than effective under the federal Food,
Drug and Cosmetics Act;
1397
SATURDAY, MAY 15, 1999
(B) a drug within therapeutic classifications primarily associated with
the treatment of acute medical conditions; and
(C) a central nervous system agent other than:
(i) agents used for treatment of convulsive disorders;
(ii) non-steroidal anti-inflammatory agents for arthritis; and
(iii) agents used primarily for control of psychotic conditions
diagnosed under current classifications of the Diagnostic Statistical Manual.
Sec. 123. 18 V.S.A. § 252 is amended to read:
§ 252. PHARMACEUTICAL ASSISTANCE TO ELDERLY AND
DISABLED VERMONTERS; PROGRAM ESTABLISHED
(a) A pharmaceutical assistance program for elderly and disabled
Vermonters is established within the department of social welfare. The
program shall be administered by the department which, to the extent funding
permits, shall establish application, eligibility, coverage and payment
standards. The program shall be designed to provide maximum access to
program participants, to incorporate mechanisms that are easily understood and
require minimum effort for applicants and pharmacies health care providers,
and to promote quality, efficiency and effectiveness through cost controls and
utilization review. The department may contract with a fiscal agent for the
purpose of processing claims and performing related functions required in the
administration of this program. Upon determining that an applicant is eligible
under this chapter, the department shall issue an identification form card to the
applicant indicating that he or she is eligible to participate in the
pharmaceutical assistance program.
(b) The department of aging and disabilities shall conduct an education and
outreach program to inform elderly and disabled Vermonters of the benefits
they may be entitled to pursuant to this chapter and make available information
concerning the pharmaceutical assistance program.
JOURNAL OF THE HOUSE
1398
(d)(c) The department shall adopt by rule standards and criteria needed to
carry out the purposes of this chapter, including standards and schedules
establishing coverage and exclusion of allowable drugs, allowable charges and
maximum quantities of drugs to be dispensed.
(d) The department shall report on the status of the pharmaceutical
assistance program established by this chapter to the health access oversight
committee in accordance with Sec. 13(e) of the Act No. 14 of the Acts and
Resolves of the 1995 Session of the general assembly, as amended.
(e) Any manufacturer of prescription drugs purchased by persons receiving
assistance under this chapter shall pay to the commissioner, as a condition of
participation in the program, a rebate in an amount at least as favorable as the
rebate paid to the commissioner in connection with the Medicaid program.
Sec. 123a. 18 V.S.A. § 253 is amended to read:
§ 253. ELIGIBILITY
(a)(1) A person shall be eligible for assistance under this chapter if:
(A) he or she is a resident of Vermont at the time of application for
benefits and has been such, continuously, for the 12 months immediately
preceding application;
(B) he or she is at least 65 years of age or disabled and receives
Social Security disability benefits (SSDI), or is a Medicare beneficiary;
(C) the person’s household income, when calculated in accordance
with the rules adopted for the Vermont health access plan under Act No. 14 of
the Acts and Resolves of the 1995 Session of the general assembly, as
amended, is no greater than 225 percent of the federal poverty level
(2) A person shall be eligible for assistance with prescription drug
expenses covered under this chapter upon payment of the cost sharing amount
required by section 254 of this title.
(c)(b) A person whose prescription drug expenses are paid or reimbursable,
either in whole or in part, by any plan of assistance or insurance, other than
1399
SATURDAY, MAY 15, 1999
Title XVIII of the Social Security Act (Medicare), shall not be eligible for
pharmaceutical assistance under this chapter. No assistance shall be provided
under this chapter with respect to an individual drug purchase that may be
covered in whole or in part by Title XVIII of the Social Security Act
(Medicare).
Sec. 123b. 18 V.S.A. § 254 is amended to read:
§ 254. CO-PAYMENT; COINSURANCE AND OTHER COST-SHARING;
ENROLLMENT
(a) Benefits under this chapter shall be subject to payment of a co-payment
or coinsurance amount by the recipient in accordance with the provisions of
this section:
(1) In the case of recipients with income of less than 176 percent of the
federal poverty level, such co-payment shall be the same co-payment
requirements that exist under the pharmaceutical benefits component of the
Vermont health access plan under Act No. 14, Sec. 14(a)(6) of the Acts and
Resolves of the 1995 Session of the general assembly, as amended.
(2) In the case of recipients whose household income is 176 percent of
the federal poverty level or more and no greater than 225 percent of the federal
poverty level the coinsurance payment shall be 50 percent of the cost of the
drug.
(b) Prior to the beginning of each fiscal year, the department shall establish,
by rule, the percentage of the charge for a drug to be paid as a co-payment by
eligible recipients. The percentage adopted under this section shall be
reasonably calculated to insure that the state's obligation to provide benefits
under this chapter shall not exceed funds appropriated for the program.
(c)(b) A pharmacy shall dispense a drug to an eligible recipient upon
payment of the required co-payment or coinsurance amount. The pharmacy
shall collect the remainder of the charge for the drug from the department.
JOURNAL OF THE HOUSE
1400
(d)(c) A drug may also be dispensed to an eligible recipient, subject to the
required co-payment or coinsurance amount, provided such dispensing is
pursuant to and in accordance with any contractual arrangement that the
department may enter into or approve for the group discount purchase of drugs.
When a person or business located in Vermont and employing citizens of this
state has submitted a bid for the group discount purchase of drugs and has not
been selected, the commissioner of social welfare shall record the reason for
nonselection. The commissioner's report shall be a public record available to
any interested person. All bids or quotations shall be kept on file in the
commissioner's office and open to public inspection.
(e)(d) If in the course of a fiscal year the department determines that
expenditures will exceed funds appropriated the department shall, by
emergency rule, increase the co-payment to an amount sufficient to insure that
expenditures will not exceed appropriations within that fiscal year. The
department shall monitor enrollment in the in the pharmaceutical assistance
program on a monthly basis, and shall limit enrollment in the program so that
expenditures do not exceed the appropriation available for the program in any
fiscal year.
Sec. 123c. VISION BENEFITS FOR MEDICARE ELIGIBLE
VERMONTERS
Section 14(a)(6) of Act No. 14 of the Acts and Resolves of the 1995 Session
of the General Assembly is amended to read:
(6) PHARMACEUTICAL AND VISION BENEFITS
A health plan contract The Vermont health access plan shall provide
enrollees Vermonters who are Medicare eligible and whose household income
meets the income eligibility requirements of nonMedicare eligible
beneficiaries full coverage for prescription drugs and vision with the same
copayment that categorically Medicaid eligible individuals are required to pay,
and coverage for the same vision benefits, including any applicable
1401
SATURDAY, MAY 15, 1999
copayment, and benefit limits provided under the Vermont health access plan
to nonMedicare eligible beneficiaries.
Sec. 123d. REPEAL
Sec. 5 of Act No. 48 of 1989 (annual report) is repealed.
Sec. 123e. RECODIFICATION
18 V.S.A. §§ 251, 252, 253, 254, and 255 shall be recodified in the
Vermont Statutes Annotated as 33 V.S.A. §§ 1991, 1992, 1993, 1994, and
1995, respectively, as part of a new subchapter 4 of chapter 19 of Title 33.
Sec. 124. [Deleted.]
Sec. 125. 33 V.S.A. § 1906a is added to read:
§ 1906a. RECOVERY AGAINST ESTATE; HOMESTEAD EXEMPTION
No recovery of medical expenses shall be made under this subchapter
against a homestead of modest value; provided that the homestead would pass
to one or more lineal heirs or siblings of the decedent who either have income
below 300 percent of the federal poverty level or who have contributed
significantly, monetarily or otherwise, to the decedent so as to allow the
decedent to delay or avoid nursing home placement. For the purposes of this
section, "a homestead of modest value" means a homestead valued at less than
$125,000.00. This section shall take effect when the amended state plan is
deemed approved by the Health Care Financing Administration (HCFA)
pursuant to 42 CFR 430.16. If such approval is received after June 30, 1999
the exemption shall be retroactive and apply to all probate estates opened after
June 30, 1999.
Sec. 126. 16 V.S.A. § 2959a is added to read:
§ 2959a. EDUCATION MEDICAID RECEIPTS
(a) It is the intent of the general assembly that the state of Vermont shall
maximize its receipt of federal Medicaid dollars available for reimbursement
JOURNAL OF THE HOUSE
1402
of medically-related services provided to students who are Medicaid eligible. It
is further the intent that:
(1) Each supervisory union identify special education and other students
eligible for Medicaid reimbursement and, to the extent possible, submit
Medicaid bills for services reimbursement.
(2) The department of education and the agency of human services work
with local school districts to maximize reimbursements including services to
non-IEP students.
(b) A Medicaid reimbursement administrative special fund is established
within the department of education. Eleven percent of the Medicaid
reimbursement funds shall be deposited into the fund. The funds shall be used
for agency of human services and department of education administrative costs
related to the collection, processing and reporting of education Medicaid
reimbursements and statewide programs identified and approved by the
commissioner of education with the advice of the secretary of human services.
The commissioner shall expend monies from the fund only as appropriated by
the general assembly.
(c) At least annually, the commissioner of education shall pay to each
supervisory union submitting Medicaid bills under this section, 50 percent of
the reimbursed funds generated by the supervisory union's bill, excluding
claims generated by state-placed students. The supervisory union shall
distribute the funds to its member school districts based on how the funds were
generated unless the supervisory union board has agreed to a different
distribution. The commissioner of education may withhold payment due a
school district pursuant to § 2950 of Title 16 for a Medicaid-eligible stateplaced student if the school district has not submitted a Medicaid claim for
reimbursable services for that student.
(d) If the amount of Medicaid reimbursement funds received in one fiscal
year exceeds $25,000,000, in addition to the 50 percent of said funds paid to
1403
SATURDAY, MAY 15, 1999
supervisory unions submitting Medicaid bills, 25 percent of the amounts in
excess of $25,000,000 shall be paid into an incentive fund hereby created in
the department of education. These funds shall be used for an incentive
payment to supervisory unions with student participation rates of over 80
percent in accordance with a formula to be developed by the department of
education, in consultation with the Vermont Superintendents Association.
(e) School districts shall utilize funds received under this section for
prevention and intervention programs in grades pre-K through 12. The
programs shall be designed to ensure all students achieve rigorous and
challenging standards adopted in the Vermont framework of standards and
learning opportunities or locally adopted standards. A school district shall
provide an annual written justification to the commissioner of education of the
use of the funds. Such annual submission shall show how the funds’ use is
expressly linked to those provisions of the school district’s action plan that
directly relate to improving student performance.
(f) Remaining reimbursed funds shall be deposited into the education fund.
Sec. 127. 16 V.S.A. § 4025(a)(12) is added to read:
(12) Medicaid reimbursement funds pursuant to subsection 2959a(f) of
this title.
Sec. 128. REPEAL
(a) Sec. 14 of No. 155 of the Acts of 1998 (Medicaid reimbursement
special fund) is repealed.
(b) 16 V.S.A. § 2959a(c), (d) and (e) are repealed on June 30, 2002.
Sec. 128a. REPORTS
The agency of human services, the department of education and the
Vermont Superintendent’s Association shall submit a report in November 1999
and November 2000, to the secretary of administration and the house and
senate appropriations and education committees on the use, source and rate of
JOURNAL OF THE HOUSE
1404
receipt of Medicaid reimbursement funds generated by schools, and any
legislative recommendations.
Sec. 128b. Sec. 122(f) of No 71 of the Acts of 1998 is amended to read:
(f) There is appropriated from the Education Fund to the Department of
Education the amount of $250,000.00 $450,000.00 in fiscal year 1999 to
establish a contingency fund for use in that fiscal year. A school district may
apply to the Commissioner of Education for assistance under this section if the
district made incorrect statewide, base year, education tax rate assumptions in
building its fiscal year 1999 budget; and the district discovered the
assumptions were incorrect after it was too late to correct the information
contained in the material presented to the school district electorate. A school
district may also receive funds if they can document that the FY 1999 voterapproved budget anticipated greater Medicaid reimbursement revenue under
the fee for service billing system in place prior to December 31, 1998 and the
participation rate of Medicaid eligible students on individual education plans
was at 80 percent or greater as of June 30, 1999. Payments for this purpose
shall not exceed $200,000.00 and shall be prorated if necessary. The
Commissioner, in his or her discretion, may award funds under this section to
eligible school districts demonstrating undue hardship as a result.
Sec. 129.
Social welfare - general assistance
Grants
3,844,762
Source of funds
General fund
3,358,441
Federal funds
486,320
Special funds
1
Total
3,844,762
(a) $250,000.00 in federal funds is appropriated to provide assistance to
families who demonstrate that they are faced with a reasonably preventable
loss of housing and who meet state requirements for this assistance, as
1405
SATURDAY, MAY 15, 1999
established by regulation effective July 1, 1998, with the following
modification. The regulation adopted effective July 1, 1998, shall be modified
by adding, as an alternative to the requirement that families in rental housing
have received from their landlord a notice of rental termination under 9 V.S.A.
§ 4467(a), the requirement that families in rental housing have received from
their landlord a notarized statement indicating the amount of rent owed as of
the date of the statement.
(b) Assistance under this provision is not an entitlement and shall cease
upon expenditure of these allocated funds.
(c) Of the above appropriation, an amount not to exceed $50,000.00 in
general funds may be expended on a pilot project whose purpose is to provide
financial assistance and self-sufficiency services to children who bear children
and relinquish such children for adoption. For the purpose of this pilot project,
children are defined as individuals who have not attained their 21st birthday;
who are eligible for and in receipt of ANFC benefits immediately before they
relinquish their children for adoption; and who, as a result of the
relinquishment of their children for adoption, are ineligible for ANFC benefits.
The pilot project will begin on July 1, 1999, and is expected to end on June 30,
2002. An eligible child’s participation in the pilot project begins when ANFC
benefits terminate due to the relinquishment and may continue for up to one
year after this date. Acceptance for participation in this pilot project is not an
entitlement and shall cease upon expenditure of these allocated funds.
Eligibility for participation in this project requires the relinquishing child, as
defined above, to:
(1) Participate satisfactorily in the Reach Up program by completing the
activities included in the individualized family development plan.
(2) If the relinquishing child is under 18 years old, reside in the
household of a parent, legal guardian, or adult relative; or in an approved living
JOURNAL OF THE HOUSE
1406
arrangement. For the purpose of this pilot project, the definitions of “adult
relative” and “living arrangement” shall be the definitions for these terms
found in WAM 2242.31.
(3) If the relinquishing child is 18 years old or older, have identified an
adult who shall provide strong support to the child in dealing with the
consequences of the relinquishment and achieving the goals of the family
development plan, who is not in a peer relationship with the child, and who is
not the child’s Reach Up case manager. This requirement may be waived upon
a finding of good cause.
(d) Eligibility for and the amount of the maintenance assistance grant
provided under this project will be determined based on ANFC rules. Case
management and support services will be provided through the Reach Up
program in accordance with the rules established for ANFC-parent
participants. These services may continue after termination of the maintenance
assistance grant, as long as the relinquishing child’s income does not exceed
the Vermont Health Access Plan (VHAP) income test that applies to adults
who are not parents and the one-year limit has not been reached.
(e) The department shall submit a written report to the general assembly no
later than January 15, 2002, or 30 months and 15 days after the program
begins, whichever is later. The report shall indicate the number of participants,
cost per participant, projected savings, successes, strengths and weaknesses,
and recommendations for improvement, so that, by the conclusion of the pilot
project, adjustments can be made to improve the project and make it ongoing,
or the project can be terminated.
Sec. 130.
Social welfare - food stamp cash out
Grants
4,519,544
Source of funds
Federal funds
Sec. 131.
Social welfare - home heating fuel assistance/LIHEAP
4,519,544
1407
SATURDAY, MAY 15, 1999
Personal services
118,000
Operating expenses
Grants
Total
50,000
5,629,476
5,797,476
Source of funds
Special funds
5,797,476
Sec. 132. SOCIAL WELFARE - 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 programs in fiscal year 2000, and all unexpended LIHEAP
funds granted to the state in fiscal year 1999, are hereby transferred to the
home heating fuel assistance trust fund for the provision of home heating fuel
assistance including program administration, under chapter 26 of Title 33.
(b) For the purposes of a crisis set aside, seasonal home heating fuel
assistance through December 31, 1999, and program administration, the
commissioner of finance and management shall transfer $2,550,000.00 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 1999-2000 crisis set-aside and seasonal home heating fuel
assistance through December 31, 1999, and LIHEAP funds awarded as of
December 31, 1999 for fiscal year 2000 do not exceed $2,550,000.00,
subsequent payments under the home heating fuel assistance program shall not
precede January 30, 2000. Notwithstanding any other provision of law,
JOURNAL OF THE HOUSE
1408
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, 1999, the commissioner of finance and management may
anticipate receipts into the home weatherization assistance trust fund.
Sec. 133.
THE ADOPTION OF SOCIAL WELFARE RULES
(a) The secretary of human services is authorized to adopt rules under the
expeditious rule-making procedures provided in this section in order that
changes reflected in this act to programs administered by the department of
social welfare may be implemented by July 1, 1999. Notwithstanding the
provisions to the contrary of 3 V.S.A. chapter 25, the agency of human
services may file prior to and adopt, effective July 1, 1999, all rules necessary
to do the following:
(1) Implement ANFC policies as specified in this act.
(2) Exempt all individuals domiciled in the state of Vermont from the
implementation of § 115(a) of Public Law 104-193 through June 30, 2000.
(3) Repeal language in the Medicaid section of the Welfare Assistance
Manual that provides for the termination of the adult dentures benefit for the
remainder of the fiscal year when the appropriated amount for this service has
been exhausted.
(4) Add over-the-counter and prescription smoking cessation products
as a covered benefit for traditional Medicaid and VHAP (uninsured)
beneficiaries in accordance with this act.
(5) Increase the annual Medicaid dental benefit maximum for adults
from $400.00 to $475.00 to accommodate dental fee increases and maintain
current service levels for beneficiaries.
(6) Implement a special needs allowance for families whose actually
incurred allowable housing expenses exceed the applicable maximum in
accordance with this act and make adjustments to the ANFC combined basic
need standards, the ANFC housing allowance maximums, and the proportion
1409
SATURDAY, MAY 15, 1999
(ratable reduction) of these standards and maximums that is paid in the
monthly ANFC benefits.
(7) Increase AABD benefits in accordance with this act.
(8) Increase the personal needs deduction for non-SSI Medicaid
beneficiaries residing in long-term care facilities in accordance with this act.
(9) Implement a special project within the general assistance program
for individuals who relinquish their children for adoption in accordance with
this act.
(10) Delete language in the Medicaid section of the Welfare Assistance
Manual that provides for co-payment requirements for children in households
with income that exceeds 225 percent of the federal poverty level but does not
exceed 300 percent of the federal poverty level, and modify the regulation to
increase premium requirements for these households by $5.00 per month for
children without other insurance and $2.00 per month for children with other
insurance.
(11) Implement policy changes that are consistent with statutory
changes made in Sec. 119 of this act and relate to able-bodied primary-wageearner parents in two-parent families subject to a work requirement as follows:
discontinue the substitution of a second parent’s Reach Up participation for the
primary wage earner’s fulfillment of his or her work and participation
requirements; under specified conditions, authorize other Reach Up activities
as a substitute, on an hour-for-hour basis, for job search or community work
experience; add a self-employment schedule for primary wage earners that
complies with the work and participation requirements in Sec. 119; and
remove obsolete references to the JOBS program.
(12) Add analog hearing aids, batteries, repairs and audiological
examinations as covered services for traditional Medicaid beneficiaries.
JOURNAL OF THE HOUSE
1410
(13) Add assistive community care services provided by licensed Level
III residential care homes that have been enrolled in Medicaid as Private NonMedical Institutions as a Medicaid-covered service for traditional Medicaid
beneficiaries residing in such a residential care home.
(14) Modify Medicaid estate recovery policy in accordance with this act.
(15) Add to the VHAP pharmaceutical benefit for Medicare-eligible
enrollees coverage of vision services with the same benefit limits for such
services that apply to non-Medicare-eligible VHAP enrollees.
(b) Such rules may be adopted by filing them in final proposed form with the
secretary of state and the legislative committee on administrative rules under 3
V.S.A. § 841, after the agency of human services’ publication, in the three daily
Vermont newspapers of highest average circulation, of a notice that lists all rules
to be adopted by this process and provides for a seven-day public comment
period. The legislative committee on administrative rules shall review and may
approve or object to the final proposed rules under the provisions of 3 V.S.A.
§ 842, except that its action shall be completed within 15 days or by June
25, 1999, whichever is sooner. Rules so adopted may be effective as soon as five
days after adoption and have the full force and effect of rules adopted pursuant to
3 V.S.A. chapter 25 and may supersede or amend existing rules. Any such rules
filed by the secretary of human services with the secretary of state shall be
deemed to be in full compliance with 3 V.S.A. § 843 and shall be accepted by the
secretary of state if filed with a certification by the secretary of human services
that the rule is required to meet the purposes of this section.
(c) Two agency of human services-filed rules, 99P008 Changes in SSI/AABD
Living Arrangements for Residential Care Homes (DSW Bulletin 99-9) and
99P009 Establishment of the Primary Care Case Management (PCCM) Program
(DSW Bulletin 99-8), shall be held harmless from the impact of H.83, enacted in
1999, as specified herein. Notwithstanding any other provision of law, as long as
the agency of human services files these rules in final form with the secretary of
1411
SATURDAY, MAY 15, 1999
state and the legislative committee on administrative rules under 3 V.S.A. § 841
no later than May 17, 1999, the legislative committee on administrative rules
shall review and may approve or object to the final proposed rules under the
provisions of 3 V.S.A. § 842, except that its action shall be completed by June 28,
1999. These rules may be effective on July 1, 1999, or upon adoption, whichever
is later, and have the full force and effect of rules adopted pursuant to 3 V.S.A.
chapter 25 and may supercede or amend existing rules. The secretary of human
services’ filing of these rules with the secretary of state in accordance with the
provisions of this subsection shall be deemed to be in full compliance with
3 V.S.A. § 843 and shall be accepted by the secretary of state if filed with a
certification by the secretary of human services that the rule is required to meet
the purposes of this section.
Sec. 134.
Office of economic opportunity
Personal services
Operating expenses
Grants
Total
613,487
95,744
9,099,416
9,808,647
Source of funds
General fund
752,049
Federal funds
4,376,788
Special funds
4,312,598
Interdepartmental transfer
Total
367,212
9,808,647
(a) Of the above general fund appropriation, $500,000.00 shall be granted
to community agencies for homeless assistance by preserving existing services
or increasing resources available statewide. These funds may be granted alone
or in conjunction with federal McKinney emergency shelter funds. Grant
JOURNAL OF THE HOUSE
decisions shall be made with assistance from the coalition of homeless
1412
Vermonters.
Sec. 135.
Office of child support services
Personal services
5,835,623
Operating expenses
1,985,879
Other
Total
900,000
8,721,502
Source of funds
General fund
834,126
Federal funds
6,118,398
Special funds
1,768,978
Total
8,721,502
(a) The establishment of twenty (20) new classified positions - one (1)
Administrative Assistant B, two (2) Administrative Assistant A, three (3)
Paralegal, four (4) Child Support Specialist, two (2) Child Support Services
Technician, and eight (8) Child Support Information Representative - is
authorized in fiscal year 2000.
(b) The satellite offices of the office of child support in Brattleboro and
Bennington shall not fall below their service levels as they existed on
January 1, 1999 through January 1, 2000.
Sec. 136.
Social and rehabilitation services administrative and support services
Personal services
Operating expenses
Total
1,553,994
210,668
1,764,662
Source of funds
General fund
851,698
Federal funds
912,964
Total
1,764,662
1413
SATURDAY, MAY 15, 1999
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of four (4) new exempt positions - Assistant
Attorney General - is authorized in fiscal year 2000.
Sec. 137.
Social and rehabilitation services disability determination services
Personal services
2,408,274
Operating expenses
443,991
Total
2,852,265
Source of funds
Federal funds
2,607,120
Interdepartmental transfer
245,145
Total
2,852,265
(a) The establishment of six (6) new classified positions - Disability
Determination Specialist A - is authorized in fiscal year 2000.
Sec. 138.
Social and rehabilitation services social services
Personal services
12,130,883
Operating expenses
Other
Total
1,914,053
40,717,360
54,762,296
Source of funds
General fund
21,228,189
Federal funds
32,619,644
Special funds
914,463
Total
54,762,296
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of eight (8) new classified positions - three (3)
Child Benefit Specialist, one (1) Medicaid Programs Auditor, one (1)
JOURNAL OF THE HOUSE
1414
Administrative Assistant, and three (3) Domestic Violence Specialist - is
authorized in fiscal year 2000.
(b) The establishment of ten (10) new classified positions - nine (9) Social
Worker and one (1) Social Service Supervisor - is authorized in fiscal year
2000.
(c) The Youthful Offender Coordinator position and current position holder
in the agency of human services, central office shall be transferred and
converted to a classified Social Worker in the department of social and
rehabilitation services.
Sec. 139.
Social and rehabilitation services Woodside juvenile rehabilitation center
Personal services
1,713,318
Operating expenses
Total
259,384
1,972,702
Source of funds
General fund
1,889,951
Interdepartmental transfer
Total
82,751
1,972,702
(a) The following position is authorized to replace ongoing contractual
services. The establishment of one (1) new classified position - Nurse
Practitioner - is authorized in fiscal year 2000.
(b) The establishment of one (1) new classified position - Teacher - is
authorized in fiscal year 2000.
Sec. 140.
Social and rehabilitation services child care services
Personal services
Operating expenses
Grants
Total
1,073,984
301,091
23,149,206
24,524,281
1415
SATURDAY, MAY 15, 1999
Source of funds
General fund
5,845,083
Transportation fund
75,000
Special funds
832,000
Federal funds
17,772,198
Total
24,524,281
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of three (3) new classified positions - one (1)
Child Care Licensor, one (1) Child Care Consumer Information Specialist and
one (1) Child Care Information and Technology Consultant – is authorized in
fiscal year 2000.
(b) The establishment of one (1) new classified position - Child Care
Licensor - is authorized in fiscal year 2000.
(c) The department of social and rehabilitation services is allocated
$2,200,000.00 to implement a 13 percent across-the-board rate increase for all
licensed and registered child care providers serving families enrolled in the
subsidy program. The legislature intends that this rate increase be passed on
directly to providers to partially close the gap between market rates and rates
paid by the subsidy system. The legislature further intends that the rate
increase be implemented in conjunction with internal modifications to the fee
scale structure to assure that the rate increase has positive impact on families'
out-of-pocket child care expenditures.
(d) $500,000.00 of the above appropriation is allocated for adjusting the
sliding fee scale for individuals with income below 82 1/2 percent of state
median.
(e) Of the above appropriation $683,851.00 shall be used to fund childcare
quality initiatives as follows:
JOURNAL OF THE HOUSE
1416
(1) $357,851.00 shall be used to continue to provide quality incentive
bonuses at 15 percent above the subsidy rate;
(2) $221,000.00 shall provide for quality bonuses as follows:
(A) $130,000.00 for child care program bonuses at the time of
accreditation;
(B) $91,000.00 for bonuses to individual providers upon receipt of a
degree and employment in a licensed or registered child care program.
(3) $105,000.00 shall be used for the child care mentoring program.
Sec. 141.
Developmental and mental health services central office
Personal services
Operating expenses
Total
1,756,814
463,772
2,220,586
Source of funds
General fund
1,050,170
Federal funds
1,170,416
Total
2,220,586
(a) The following position is authorized to replace ongoing contractual
services. The establishment of one (1) new classified position – Secretary B is authorized in fiscal year 2000.
Sec. 142.
Developmental and mental health services Community mental health
Personal services
Operating expenses
Grants
Other
Total
1,419,972
120,183
52,794,448
137,200
54,471,803
Source of funds
General fund
20,055,022
1417
SATURDAY, MAY 15, 1999
Federal funds
30,674,649
Special funds
2,522,299
Interdepartmental transfer
1,219,833
Total
54,471,803
(a) The following positions are authorized to replace ongoing temporary
and contractual services. The establishment of two (2) new classified positions
- one (1) Human Resources Analyst, and (1) Secretary C - is authorized in
fiscal year 2000.
Sec. 143.
Developmental and mental health services developmental services
Personal services
Operating expenses
Grants
Other
Total
2,445,181
367,718
64,346,293
81,340
67,240,532
Source of funds
General fund
25,742,032
Federal funds
40,730,997
Special funds
546,253
Interdepartmental transfer
221,250
Total
Sec. 144.
67,240,532
Developmental and mental health services Vermont state hospital
Personal services
Operating expenses
Grants
Total
Source of funds
7,664,581
794,066
81,341
8,539,988
JOURNAL OF THE HOUSE
General fund
1418
2,048,252
Federal funds
6,421,736
Special funds
70,000
Total
Sec. 145.
8,539,988
Aging and disabilities - administration
and support
Personal services
11,896,590
Operating expenses
Total
2,365,351
14,261,941
Source of funds
General fund
5,939,501
Federal funds
7,795,921
Special funds
277,215
Interdepartmental transfer
249,304
Total
14,261,941
(a) The following positions are authorized to replace on-going temporary
and contractual services. The establishment of seventeen (17) new classified
positions - one (1) Data Clerk C, one (1) Vocational Rehabilitation Home Care
Attendant, one (1) Independent Living Services Coordinator, two (2)
Employment Training Specialist, one (1) Nutritionist, one (1) Elder Rights
Services Developer, one (1) Grants and Compliance Manager, one (1)
Vocational Evaluator, one (1) Systems Developer II, one (1) Training,
Information and Referral Specialist, one (1) Policy Specialist, one (1)
Administrative Assistant, two (2) Computer Access Specialist, one (1) Systems
Developer III, and one (1) Traumatic Brain Injury Specialist - is authorized in
fiscal year 2000.
(b) The establishment of one (1) new classified position - Public Health
Nurse Surveyor - is authorized in fiscal year 2000.
1419
SATURDAY, MAY 15, 1999
(c) Personal care attendants are exempt from 21 V.S.A. § 342 and shall not
be construed as state employees except for purposes of 21 V.S.A. chapters 9
and 17.
(d) Of the above appropriation, at least $10,000.00 shall be expended by
the department for the support of "The Independent", an independent
newsletter to provide information and education on aging and disabilities
issues.
Sec. 146.
Aging and disabilities – vocational
Rehabilitation
Grants
4,574,834
Source of funds
General fund
1,381,945
Federal funds
3,047,889
Special funds
10,000
Interdepartmental transfer
Total
135,000
4,574,834
(a) The state shall allocate the appropriation for the traumatic brain injured
waiver for FY 2000 in the following manner: rehabilitation program, 58 slots;
long-term program, seven slots. The number of long-term program slots may
be increased by no more than 18 if matching funds are available to support the
additional slots.
Sec. 147.
Aging and disabilities - blind and
visually impaired
Grants
1,214,634
Source of funds
General fund
465,106
Federal funds
629,528
Special funds
120,000
JOURNAL OF THE HOUSE
Total
Sec. 148.
1420
1,214,634
Aging and disabilities - division of
advocacy and independent living
Grants
8,980,349
Source of funds
General fund
2,771,264
Transportation fund
522,000
Federal funds
5,271,836
Special funds
355,249
Interdepartmental transfer
Total
60,000
8,980,349
(a) Of the above appropriation, $325,000.00 is for grants to the area
agencies on aging to fund programs for nutrition and successful aging.
Successful aging means the ability to maintain a low risk of disease and
disease-related disability, a high mental and physical functioning capacity and
an active engaged life.
(b) There is appropriated to the department of aging and disabilities the
amount of $200,000.00 from the general fund for a one time funding
enhancement of the home health - homemaker program.
(c) In addition to the appropriation in subsection (b) the amount of
$180,000.00 shall be expended for the home health - homemaker program.
Sec. 149.
Children's trust fund
Grant
386,178
Source of funds
General fund
109,748
Federal funds
196,430
Special funds
80,000
Total
386,178
1421
SATURDAY, MAY 15, 1999
(a) At least 65 percent of the state appropriation for the children's trust fund
will be awarded for community-based program activities for the broad range of
child abuse and neglect prevention activities.
Sec. 150.
Governor's commission on women
Personal services
Operating expenses
Total
213,384
51,564
264,948
Source of funds
General fund
205,941
Federal funds
34,007
Special funds
5,000
Interdepartmental transfer
Total
Sec. 151.
20,000
264,948
Retired senior volunteer program
Grants
129,340
Source of funds
General fund
Sec. 152.
129,340
Disabled & needy veterans
Personal services
Operating expenses
Grants
Total
1,800
900
28,136
30,836
Source of funds
General fund
Sec. 153.
30,836
Vermont veterans' home - care and
support services
Personal services
8,289,761
Operating expenses
2,201,193
JOURNAL OF THE HOUSE
Total
1422
10,490,954
Source of funds
General fund
1,048,169
Federal funds
2,579,959
Special funds
6,862,826
Total
Sec. 154.
10,490,954
Vermont association for blind
and visually impaired, inc.
Grants
24,160
Source of funds
General fund
Sec. 155.
24,160
Independence Fund
Grants
1
Source of funds
General fund
1
(a) Notwithstanding other provisions of Act No. 160 of the Acts of 1996
(Adjourned Session) or other provisions of chapter 61 of Title 33, up to
$100,000.00 of the redirected funds in fiscal year 2000 shall be directed to the
independence fund to be used for grants which have matching funds equivalent
to that of Medicaid and are consistent with the purposes of and the time frame
of Act No. 160. Proposals shall be received by September 1, with
recommendations submitted to the secretary within 30 days thereafter.
Sec. 156.
Total human services
863,123,168
Source of funds
General fund
Transportation fund
286,856,728
1,940,011
Federal funds
476,051,217
Special funds
75,563,413
Tobacco fund
16,439,861
1423
SATURDAY, MAY 15, 1999
Internal service funds
1,747,710
Interdepartmental transfer
4,514,228
Expendable trust
10,000
Total
Sec. 157.
863,123,168
Employment and training
Personal services
17,215,400
Operating expenses
8,945,700
Grants
4,344,000
Total
30,505,100
Source of funds
General fund
402,160
Federal funds
26,787,273
Special funds
102,667
Interdepartmental transfer
Total
3,213,000
30,505,100
(a) Of the above appropriation, up to $50,000.00 of federal funds shall be
available as a portion of the matching requirement for the job access/reverse
commute grant.
Sec. 158.
Education - policy, planning, operations & finance
Personal services
Operating expenses
Grants
Total
2,576,569
496,587
3,949,570
7,022,726
Source of funds
General fund
2,143,109
Federal funds
4,843,646
Interdepartmental transfer
Special funds
971
35,000
JOURNAL OF THE HOUSE
Total
1424
7,022,726
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of three (3) new classified positions - one (1)
Information Technology Specialist, one (1) Investigator, and one (1) Senior
Research Analyst - is authorized in fiscal year 2000.
(b) The establishment of six (6) new classified positions - one (1)
Education Communications Consultant, one (1) Education Statistician, one (1)
Systems Developer III, two (2) Systems Developer II and one (1)
Administrative Assistant B - is authorized in fiscal year 2000.
Sec. 158a. CIVIC EDUCATION
(a) The general assembly recognizes that the preservation of our
democratic society depends on a citizenry knowledgeable about its government
and actively participating in the democratic process. The general assembly
also recognizes that currently many citizens are not knowledgeable about their
Constitution and government and do not participate in the process. Therefore,
the general assembly intends to provide assistance for schools to participate in
the nationally acclaimed civic education program about the history and
philosophy of the United States Constitution and Bill of Rights, “We the
People . . . The Citizen and the Constitution”.
(b) The amount of $17,000.00 in general funds are appropriated to the
commissioner of education to be used as follows:
(1) $8,000.00 is used for administration of the program including
reimbursement to participating schools for curricular materials and training and
delivery of the program “We the People . . . The Citizen and the Constitution”,
and
(2) $2,500.00 is to be awarded to the school that wins the state “We the
People . . . The Citizen and the Constitution” competition to be used for travel
and participation in national competition.
1425
SATURDAY, MAY 15, 1999
(3) $1,500.00 is to be awarded equally to the three Vermont finalist
schools in the state “We the People . . . The Citizen and the Constitution”
competition.
(4) $5,000.00 shall be available for grants to schools participating in the
program who raise local funds on a one for one matching basis.
(c) The commissioner of education shall appoint a five-person advisory
board to help to develop an application process, develop selection procedures
and criteria, and to advise the commissioner on oversight and promotion of the
“We the People . . . The Citizen and the Constitution” program in Vermont.
Sec. 158b. 16 V.S.A. § 563(8) is amended to read:
The school board of a school district, in addition to other duties and
authority specifically assigned by law:
***
(8) Shall establish and maintain an adequate system of financial
disbursement, accounting, control and reporting procedures that ensures that all
payments are lawful and in accordance with a budget adopted or amended by
the school board. The school board may authorize a subcommittee, the
superintendent of schools, or a designated employee of the school board to
examine claims against the district for school expenses and draw orders for
such as shall be allowed by it payable to the party entitled thereto. Such orders
shall state definitely the purpose for which they are drawn and shall serve as
full authority to the treasurer to make such payments. It shall be lawful for a
school board to submit to its treasurer a certified copy of those portions of the
board minutes, properly signed by the clerk and chairman, or a majority of the
board, showing to whom, and for what purpose each payment is to be made by
the treasurer, and such certified copy shall serve as full authority to the
treasurer to make the payments as thus approved.
***
Sec. 159.
JOURNAL OF THE HOUSE
Education - school and instructional support
1426
Personal services
3,111,475
Operating expenses
1,154,800
Grants
Total
16,061,096
20,327,371
Source of funds
General fund
Transportation fund
4,873,219
639,932
Federal funds
13,290,584
Special funds
1,404,379
Interdepartmental transfer
Total
119,257
20,327,371
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of four (4) new classified positions - one (1) Basic
Program Specialist - Community Based Learning, one (1) Basic Program
Specialist - Safe and Drug Free Schools, one (1) Basic Program Specialist Driver Education, and one (1) Secretary C - is authorized in fiscal year 2000.
Sec. 160.
Education - family and educational support
Personal services
Operating expenses
Grants
Total
2,580,049
883,487
49,428,461
52,891,997
Source of funds
General fund
1,713,093
Federal funds
50,540,610
Special funds
434,800
Interdepartmental transfer
203,494
Total
52,891,997
1427
SATURDAY, MAY 15, 1999
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of twenty-two (22) new classified positions - one
(1) Drug and Alcohol Prevention Trainer, one (1) Act 51 Coordinator, one (1)
Health Education - HIV/AIDS - Technical Assistant, one (1) Special Education
Finance Administrative Assistant, two (2) Medicaid Data Entry Clerk, one (1)
School Counseling Technical Advisor, one (1) IDEA Preschool, Infants and
Toddlers Coordinator, four (4) Special Education Compliance Monitor, one (1)
Interagency Coordinator, two (2) Medicaid Trainer/Auditor, one (1) Health
Program Consultant, one (1) Model Program and Effective Practices
Consultant, one (1) Special Education and Title I Administrative Assistant, one
(1) Residential Review Coordinator, one (1) Special Education Program and
Fiscal Reviewer, one (1) School Health Services Consultant, and one (1)
Health Program Administrative Assistant - is authorized in fiscal year 2000.
Sec. 161.
Education - licensing
Personal services
295,267
Operating expenses
133,600
Grants
45,000
Total
473,867
Source of funds
Special funds
473,867
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of two (2) new classified positions - Basic
Education Program Specialist - Licensing - is authorized in fiscal year 2000.
Sec. 162.
Education - adult basic education
Grants
3,147,664
Source of funds
General fund
2,419,927
Federal funds
727,737
JOURNAL OF THE HOUSE
Total
Sec. 163.
1428
3,147,664
Education - career and lifelong learning
Personal services
1,157,073
Operating expenses
Grants
Total
244,316
12,608,133
14,009,522
Source of funds
General fund
992,293
Education fund
7,070,901
Federal funds
4,709,778
Special funds
284,018
Interdepartmental transfer
952,532
Total
14,009,522
(a) The following positions are authorized to replace ongoing contractual
services. The establishment of two (2) new classified positions – one (1)
Communication Technologist and one (1) Administrative Assistant - is
authorized in fiscal year 2000.
(b) The appropriations in this section shall be authorized notwithstanding
sections 1564, 1565, 1566, and 1567 of Title 16.
Sec. 164.
FUND APPROPRIATIONS AND TRANSFERS
(a) There is appropriated in fiscal year 2000 from the general fund for
transfer to the education fund the amount of $231,099,412.00.
(b) There is appropriated in fiscal year 2000 from the education fund to the
commissioner of education $450,000.00 for the purpose of awarding grants to
pilot technical education projects under Sec. 121a of Act No. 71 of the Acts of
1998. In each fiscal year following fiscal year 2000, there is transferred from
the general fund to the education fund the amount transferred thereto in the
previous fiscal year increased by 2.8 percent.
1429
SATURDAY, MAY 15, 1999
(c) There is appropriated $50,000.00 in fiscal year 2000 from the general
fund to the fiscal review panel established under 16 V.S.A. § 2974(e).
Sec. 164a. ONE-TIME FUND TRANSFER
There is appropriated in fiscal year 2000 from the general fund for transfer
to the education fund the amount of $11,100,000.00.
Sec. 165.
Education - small school grants
Grants
4,122,209
Source of funds
Education fund
Sec. 166.
4,122,209
Education - special education: formula grants
Grants
46,838,371
Source of funds
Education fund
46,838,371
(a) Notwithstanding the provisions of 16 V.S.A. § 2969 or any other
provisions of law, the reimbursements and grants pursuant to 16 V.S.A. § 2967
for fiscal year 2000 costs incurred by school districts shall be paid partially
from the fiscal year 2000 appropriation and partially from the fiscal year 2001
appropriation. The fiscal year 2000 appropriation will cover the final
reimbursements for fiscal year 1999 with the remainder available for
reimbursements for fiscal year 2000 grants and reimbursements. Funds
distributed to school districts for fiscal year 2000 expenses but to which the
school districts were not entitled based on final reports for fiscal year 2000
shall not be considered as part of the total expenditures for fiscal year 2000
under the 60 percent state funding provision of 16 V.S.A. § 2967. Such funds
held by local school districts shall be treated as expenditures in fiscal year
2001.
Sec. 167.
EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND
SIX
JOURNAL OF THE HOUSE
1430
(a) General funds of the appropriation for special education - formula
grants, or other funds eligible to be used for matching federal funds, may be
used by each supervisory union to participate in the success beyond six
program. The purpose of the program is to expand local partnerships to
enhance the educational opportunities of students that are at risk of failure in
school. The services are to be supplied through contracts with communitybased Medicaid providers. The form and substance of the contracts shall be
established as part of the overall agreement for the implementation of the
program, to be executed between the commissioner of education and the
secretary of human services.
Sec. 168.
Education - state-placed students
Grants
8,000,000
Source of funds
Education fund
8,000,000
Sec. 168a. Sec. 164 of No. 147 of the Acts of 1998, as amended by Sec. 54 of
No. 1 of the Acts of 1999, is further amended to read:
Sec. 164. Education - state-placed students
Grants
7,045,000
7,535,000
7,045,000
7,535,000
Source of funds
Education fund
Sec. 169.
Education - school construction aid - past state obligations
Grants
7,000,000
Source of funds
Education fund
7,000,000
(a) Notwithstanding any provision of 16 V.S.A. § 559 concerning
prequalification requirements, the Board of Directors of the U-32 School
District is authorized to award a contract to the lowest responsible bidder
conforming to specifications for Phase I of its school construction project.
1431
Sec. 170.
SATURDAY, MAY 15, 1999
Education - construction interest aid
Grants
440,580
Source of funds
Education fund
Sec. 171.
440,580
Education - capital debt service aid
Grants
3,943,000
Source of funds
Education fund
Sec. 172.
3,943,000
Education - transportation
Grants
11,000,388
Source of funds
Education fund
11,000,388
Sec. 173. EDUCATION - EDUCATION GRANTS
There is appropriated from the education fund for fiscal year 2000 to the
department of education, $217,125,000.00 for education grants to school
districts as required by Sec. 24 of No. 60 of the Acts of 1997. Such grants
shall provide in fiscal year 2000 a total statewide average education grant per
equalized pupil $5,377.00. Of the $217,125,000.00 appropriated in this
section, $125,000.00 shall be utilized as an adjustment for average daily
membership errors reported by the Coventry school district during prior fiscal
years.
Sec. 174.
EDUCATION - LOCAL SHARE PROPERTY TAX PAYMENTS
There is appropriated from the education fund for fiscal year 2000 to the
department of education $36,800,000.00 for local share property tax payments
to school districts as required by 16 V.S.A. § 4028(a)(2).
Sec. 174a. 16 V.S.A. § 4027(c) is amended to read:
(c) The commissioner of education shall calculate the equalized yield
amount so that the amount due into the education fund under this section, plus
JOURNAL OF THE HOUSE
1432
any additional amount that may be allocated for this purpose in any fiscal year
by the general assembly, equals the amount due out of the fund under this
section.
Sec. 175.
State teachers' retirement system
Personal services
6,571,426
Operating expenses
Grants
Total
131,603
18,586,240
25,289,269
Source of funds
General fund
18,586,240
Special funds
6,703,029
Total
25,289,269
(a) Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of
annual contributions to the Vermont state teachers' retirement system shall be
$18,586,240.00 in fiscal year 2000. Notwithstanding the provisions of 16
V.S.A. chapter 55, no person shall be eligible to receive benefits from the state
teachers' retirement system who is receiving a continuation of salary under the
early retirement provisions of the applicable article of the agreement between
Vermont state colleges and the Vermont state colleges faculty federation,
VSCFF, AFT, Local 3180, AFL-CIO.
Sec. 176.
TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENT
The amount of $2,320,000.00 in education funds is appropriated to
implement 32 V.S.A. § 4041(a), relating to payments to municipalities for
reappraisal costs and 32 V.S.A. § 5405(f), relating to payments of $1.00 per
grand list parcel.
Sec. 177. Tax department - homestead property tax income
sensitivity adjustments
Other
82,300,000
1433
SATURDAY, MAY 15, 1999
Source of funds
General fund
4,329,417
Transportation fund
3,035,083
Special funds
Education fund
Total
Sec. 178.
635,500
74,300,000
82,300,000
Total general education and property
tax support
785,768,376
Source of funds
General fund
Transportation fund
Education fund
3,675,015
419,410,449
Federal funds
74,112,355
Special funds
9,970,593
Interdepartmental transfer
1,276,254
Total
Sec. 179.
277,323,710
785,768,376
University of Vermont
Grants
30,330,748
Source of funds
General fund
30,330,748
(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.
Sec. 180.
University of Vermont - Morgan horse farm
Grants
1
Source of funds
General fund
Sec. 181.
Vermont public television
1
JOURNAL OF THE HOUSE
Grants
1434
579,535
Source of funds
General fund
Sec. 182.
579,535
Vermont state colleges
Grants
17,218,440
Source of funds
General fund
17,218,440
(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, $100,000.00 shall be reserved for use as the
state's fiscal year 2000 contribution toward the creation of an endowment fund
for the Vermont state colleges. The state's funds are to serve as a challenge
match to enhance the state colleges' ability to secure endowment contributions
from alumni and other interested parties. The intent is that the fiscal year 2000
appropriation will be the fourth of five appropriations through fiscal year 2001
totaling $500,000.00. The conditions of this challenge match are that the state
colleges are required to raise three dollars for each dollar appropriated by the
state. A method for accounting for the state colleges' share has been agreed to
between the state colleges and the commissioner of finance and management.
The first three appropriations have been transferred to the state colleges'
endowment fund 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. Subsequent appropriations of $100,000.00 also shall be transferred to
the state colleges as the state colleges successfully raise endowment
increments of $300,000.00. By June 30, 2001, 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.
1435
SATURDAY, MAY 15, 1999
(c) The last best offer of the Vermont State Colleges recommended to the
general assembly by the Vermont Labor Relations Board in accordance with
3 V.S.A. § 925(i) shall be the collective bargaining agreement for Part-Time
Faculty between the Vermont State Colleges and the Vermont State Colleges
Faculty Federation. Funds appropriated under this section may be used for
purposes of this subsection.
Sec. 183.
Vermont state colleges - practical nursing schools
Grants
514,670
Source of funds
General fund
Sec. 184.
514,670
Vermont interactive television
Grants
788,933
Source of funds
General fund
Sec. 185.
788,933
Vermont student assistance corporation
Grants
13,831,839
Source of funds
General fund
13,831,839
(a) Not less than 99 percent of grants shall be used for direct student aid.
Sec. 186.
New England higher education compact
Operating expenses
72,605
Source of funds
General fund
72,605
Sec. 186a. Education commission of the states
Operating expenses
39,600
Source of funds
General fund
Sec. 187.
Total higher education and other
39,600
63,376,371
JOURNAL OF THE HOUSE
Source of funds
General fund
Sec. 188.
1436
63,376,371
Natural resources - agency of natural
resources - administration, management
and planning
Personal services
2,268,806
Operating expenses
1,448,056
Grants
35,000
Other
255,000
Total
4,006,862
Source of funds
General fund
2,116,653
Federal funds
111,953
Special funds
959,181
Interdepartmental transfer
819,075
Total
4,006,862
(a) The establishment of four (4) new classified positions - three (3)
Natural Resource Specialist, and one (1) Growth Planner - is authorized in
fiscal year 2000.
Sec. 189.
Connecticut river watershed advisory
commission
Other
40,500
Source of funds
General fund
25,000
Federal funds
15,500
Total
Sec. 190.
40,500
Citizens' advisory committee on Lake
Champlain's future
Other
5,000
1437
SATURDAY, MAY 15, 1999
Source of funds
General fund
Sec. 191.
5,000
Natural resources - state land local
property tax assessment
Operating expenses
975,009
Source of funds
General fund
526,442
Transportation fund
218,567
Interdepartmental transfer
230,000
Total
Sec. 192.
975,009
Environmental conservation commissioner's office
Personal services
715,766
Operating expenses
113,162
Total
828,928
Source of funds
General fund
191,809
Federal funds
414,465
Special funds
98,750
Interdepartmental transfer
Total
Sec. 193.
123,904
828,928
Environmental conservation - environmental
assistance
Personal services
1,237,842
Operating expenses
209,539
Grants
120,000
Other
40,000
Total
1,607,381
JOURNAL OF THE HOUSE
Source of funds
General fund
451,049
Federal funds
199,427
Special funds
956,905
Total
Sec. 194.
1438
1,607,381
Environmental conservation - office of
air and waste management
Personal services
4,099,482
Operating expenses
1,145,651
Grants
125,000
Other
25,000
Total
5,395,133
Source of funds
General fund
Transportation fund
37,634
Federal funds
2,124,472
Special funds
2,594,608
Interdepartmental transfer
Total
Sec. 195.
488,419
150,000
5,395,133
Environmental conservation - office of
water programs
Personal services
7,551,134
Operating expenses
1,192,875
Grants
1,792,697
Other
Total
40,000
10,576,706
Source of funds
General fund
Transportation fund
2,852,063
169,656
1439
SATURDAY, MAY 15, 1999
Federal funds
4,878,663
Special funds
2,439,533
Interdepartmental transfer
Total
236,791
10,576,706
(a) The following positions are authorized to replace ongoing temporary
and contractual services. The establishment of three (3) new classified
positions - two (2) Environmental Technician B and one (1) Aquatic Biologist
B - is authorized in fiscal year 2000.
Sec. 196.
Environmental conservation - various
Environmental special funds
Other
4,750,371
Source of funds
Special funds
4,750,371
Sec. 196a. LANDFILL CAPPING
There is transferred to the landfill closure fund as established in 10 V.S.A. §
6603i in fiscal year 1999, funds not to exceed $100,000.00 from the waste
management fund established in 10 V.S.A. § 6618, for the purposes of capping
an uncapped municipal landfill that has accepted less than 1,000 tons annually,
and is ready to be capped.
Sec. 197.
Fish and wildlife - support and field
services
Personal services
7,765,192
Operating expenses
4,167,080
Grants
250,000
Other
161,000
Total
12,343,272
Source of funds
Fish and wildlife fund
11,738,035
JOURNAL OF THE HOUSE
Interdepartmental transfer
Total
1440
605,237
12,343,272
(a) The following positions are authorized to replace ongoing temporary
services. The establishment of two (2) new classified positions - one (1)
Secretary B and one (1) Development and Outreach Coordinator - is authorized
in fiscal year 2000.
Sec. 198.
Fish and wildlife - watershed
improvement
Other
45,000
Source of funds
Fish and wildlife/special funds
Sec. 199.
45,000
Forests, parks and recreation administration
Personal services
880,783
Operating expenses
335,239
Grants
713,200
Total
1,929,222
Source of funds
General fund
1,022,722
Federal funds
565,000
Special funds
341,500
Total
Sec. 200.
1,929,222
Forests, parks and recreation forest highway maintenance
Personal services
2,539
Operating expenses
346,000
Grants
200,000
Total
Source of funds
548,539
1441
Sec. 201.
SATURDAY, MAY 15, 1999
Transportation fund
548,539
Forests, parks and recreation forestry
Personal services
3,487,722
Operating expenses
589,900
Grants
482,000
Total
4,559,622
Source of funds
General fund
Transportation fund
2,562,822
21,500
Federal funds
1,261,300
Special funds
391,000
Interdepartmental transfer
315,000
Expendable trust
Total
8,000
4,559,622
(a) Of the above appropriation for the Vermont urban and community
forest program, $100,000.00 shall be used for the trees 2000 celebration of
Vermont's millenium.
Sec. 202.
Forests, parks and recreation rural community fire protection
Other
19,000
Source of funds
Federal funds
Sec. 203.
19,000
Forests, parks and recreation senior community service employment
Personal services
Operating expenses
Total
36,000
2,000
38,000
JOURNAL OF THE HOUSE
Source of funds
Federal funds
Sec. 204.
1442
38,000
Forests, parks and recreation state parks
Personal services
3,334,425
Operating expenses
1,837,800
Grants
25,000
Other
201,472
Total
5,398,697
Source of funds
Special funds
Interdepartmental transfer
Total
Sec. 205.
5,336,743
61,954
5,398,697
Forests, parks and recreation youth conservation corps
Personal services
Operating expenses
Grants
Total
418,795
38,600
500,000
957,395
Source of funds
Special funds
522,395
Interdepartmental transfer
435,000
Total
Sec. 206.
957,395
Forests, parks and recreation snowmobile trails program
Personal services
Grants
Total
Source of funds
11,500
488,500
500,000
1443
SATURDAY, MAY 15, 1999
Special funds
500,000
(a) Funds will be transferred to VAST contingent on the certification by the
agency of natural resources that all past and anticipated safety and planning
issues have been or are being resolved satisfactorily.
Sec. 207.
Environmental board and district
commissions - Act 250
Personal services
1,565,040
Operating expenses
170,000
Other
150,000
Total
1,885,040
Source of funds
General fund
681,664
Special funds
1,203,376
Total
1,885,040
(a) The following positions are authorized to replace ongoing temporary
services. The establishment of two (2) new classified positions - one (1)
Secretary C and one (1) Assistant District Coordinator – is authorized in fiscal
year 2000.
Sec. 208.
Environmental board and district
commissions - waste facilities panel
Personal services
Operating expenses
Total
108,000
17,000
125,000
Source of funds
Special funds
Sec. 209.
125,000
Water resources board
Personal services
Operating expenses
217,000
39,580
JOURNAL OF THE HOUSE
Total
1444
256,580
Source of funds
General fund
Sec. 210.
256,580
Green up
Other
8,261
Source of funds
Special funds
Sec. 211.
Total natural resources
8,261
56,799,518
Source of funds
General fund
Transportation fund
Federal funds
Fish and wildlife fund
Fish and wildlife/special funds
Special funds
Interdepartmental transfer
Expendable trust
Total
Sec. 212.
11,180,223
995,896
9,627,780
11,738,035
45,000
20,227,623
2,976,961
8,000
56,799,518
Commerce and community development agency of commerce and community
development - administration and management
planning
Personal services
894,602
Operating expenses
145,489
Other
Total
2,500
1,042,591
Source of funds
General fund
821,795
Transportation fund
156,921
1445
SATURDAY, MAY 15, 1999
Interdepartmental transfer
Total
63,875
1,042,591
(a) The following position is authorized to replace ongoing contractual
services. The establishment of one (1) new classified position - Information
Technology Specialist II - is authorized in fiscal year 2000.
(b) The establishment of one (1) new classified position – Systems
Developer III - is authorized in fiscal year 2000.
Sec. 213.
Housing and community affairs
Personal services
Operating expenses
Grants
Total
1,892,405
272,147
12,331,602
14,496,154
Source of funds
General fund
1,121,938
Federal funds
10,416,828
Special funds
2,957,388
Total
14,496,154
(a) The establishment of one (1) new classified position - Administrative
Assistant A - is authorized in fiscal year 2000.
Sec. 214.
Historic sites operations
Personal services
416,444
Operating expenses
311,515
Total
727,959
Source of funds
General fund
350,228
Special funds
377,731
Total
Sec. 215.
Community development block grants
727,959
JOURNAL OF THE HOUSE
Grants
1446
8,637,000
Source of funds
Federal funds
Sec. 216.
8,637,000
Downtown transportation & capital improvement fund
Grants
400,000
Source of funds
Special funds
Sec. 217.
400,000
Economic development
Personal services
781,208
Operating expenses
347,209
Grants
Total
1,762,144
2,890,561
Source of funds
General fund
2,698,296
Special funds
192,265
Federal funds
0
Total
2,890,561
(a) Subject to the approval of the secretary of the agency of commerce and
community development, of the above appropriation, up to $200,000.00 shall
be transferred to EPSCoR for the purpose of compliance with matching fund
requirements necessary for the receipt of available federal and/or private funds.
(b) Of the above appropriation, $25,000.00 in general funds shall be used
for the economic development council of Northern Vermont in fiscal year
2000.
Sec. 218.
Vermont training program (VTP)
Personal services
57,581
Operating expenses
19,121
Grants
Total
565,135
641,837
1447
SATURDAY, MAY 15, 1999
Source of funds
General fund
601,837
Special funds
40,000
Total
Sec. 219.
641,837
Government marketing assistance center
Personal services
Operating expenses
Total
149,395
77,108
226,503
Source of funds
General fund
84,337
Federal funds
142,166
Total
226,503
(a) The following position is authorized to replace ongoing temporary
services. The establishment of one (1) new classified position - Administrative
Assistant A - is authorized in fiscal year 2000.
Sec. 220.
Tourism and marketing
Personal services
1,553,577
Operating expenses
1,499,502
Grants
1,932,000
Total
4,985,079
Source of funds
General fund
4,949,229
Special funds
35,850
Total
Sec. 221.
4,985,079
Vermont life
Personal services
600,000
Operating expenses
191,000
Total
791,000
JOURNAL OF THE HOUSE
Source of funds
Enterprise funds
1448
791,000
(a) The following position is authorized to replace ongoing contractual
services. The establishment of one (1) new classified position - Vermont Life
Arts Director - is authorized in fiscal year 2000.
Sec. 222.
Vermont economic development authority
Grants
312,666
Source of funds
General fund
312,666
(a) The sum of $4,165,589.00 is hereby appropriated for transfer from the
general fund debt service reserve to the Vermont economic development
authority to capitalize the Vermont jobs fund.
Sec. 223.
Vermont council on the arts
Grants
505,239
Source of funds
General fund
Sec. 224.
505,239
Vermont symphony orchestra
Grants
104,833
Source of funds
General fund
Sec. 225.
104,833
Vermont historical society
Grants
236,277
Source of funds
General fund
Sec. 226.
236,277
Vermont housing and conservation
trust fund
Grants
20,934,488
Source of funds
Federal funds
11,132,479
1449
SATURDAY, MAY 15, 1999
Special funds
Total
9,802,009
20,934,488
(a) In addition to all other appropriations in this bill, under 32 V.S.A. § 511
the secretary of administration shall approve expenditure during fiscal year
2000 of any fiscal year 1999 housing conservation trust fund balance beyond
fiscal year 1999 appropriations from this fund.
(b) All expenditures from this fund balance that are allocated by the board
for affordable housing shall be according to the priorities in section 267(5)(A)(G) of this act.
Sec. 227.
Vermont council on the humanities
Grants
75,000
Source of funds
General fund
Sec. 228.
Total commerce and
75,000
57,007,187
community development
Source of funds
General fund
Transportation fund
Federal funds
Interdepartmental transfer
Special funds
Enterprise funds
Total
11,861,675
156,921
30,328,473
63,875
13,805,243
791,000
57,007,187
Sec. 229. TRANSPORTATION
(a) Transportation fund appropriations made available for the agency of
transportation in cooperation with the federal government shall be available
until expended and shall not revert.
JOURNAL OF THE HOUSE
1450
(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. 230. Transportation - secretary's office
Personal services
1,717,375
Operating expenses
297,625
Grants
250,000
Total
2,265,000
Source of funds
Transportation fund
Federal funds
Total
1,675,000
590,000
2,265,000
(a) The establishment of one (1) new classified position - Civil Rights
Specialist - is authorized in fiscal year 2000.
Sec. 231. Transportation board
Personal services
93,486
Operating expenses
21,864
Total
115,350
Source of funds
Transportation fund
Sec. 232.
115,350
Transportation – administration
Personal services
Operating expenses
Total
4,402,900
640,100
5,043,000
Source of funds
Transportation fund
Federal funds
4,895,000
148,000
1451
SATURDAY, MAY 15, 1999
Total
5,043,000
(a) The establishment of two (2) new classified positions - two (2) Audit
Specialist - is authorized in fiscal year 2000.
Sec. 233.
Transportation – maintenance state system
Personal services
20,904,459
Operating expenses
22,024,497
Other
Total
450,000
43,378,956
Source of funds
Transportation fund
36,178,956
Federal funds
Total
7,200,000
43,378,956
(a) The establishment of twelve (12) new classified positions - nine (9)
Maintenance Worker Trainee and three (3) Equipment Mechanic - is
authorized in fiscal year 2000.
Sec. 234. Transportation - project development and special projects unit
Other
136,760,863
Source of funds
Transportation fund
Federal funds
Local match
Total
21,872,469
113,116,782
1,771,612
136,760,863
(a) The following position is authorized to replace ongoing temporary
service. The establishment of one (1) new classified position - one (1)
Accountant A - is authorized in fiscal year 2000.
Sec. 235.
Transportation - technical services
Personal services
4,493,667
Operating expenses
1,571,333
JOURNAL OF THE HOUSE
Total
1452
6,065,000
Source of funds
Transportation fund
2,675,000
Federal funds
3,390,000
Total
Sec. 236.
6,065,000
Transportation - rest areas
Other
8,807,500
Source of funds
Transportation fund
Federal funds
Total
Sec. 237.
880,750
7,926,750
8,807,500
Transportation - policy and planning
Personal services
Operating expenses
Grants
Total
1,901,184
470,975
14,375,387
16,747,546
Source of funds
Transportation fund
Federal funds
Total
4,529,700
12,217,846
16,747,546
(a) The establishment of one (1) new classified position - Public Transit
Administrator (pay grade 26) - is authorized in fiscal year 2000.
Sec. 238. Transportation – rail and aviation
Personal services
Operating expenses
Grants
Other
Total
Source of funds
2,888,183
365,401
25,000
11,582,388
14,860,972
1453
SATURDAY, MAY 15, 1999
Transportation fund
6,757,862
Federal funds
8,103,110
Total
14,860,972
Sec. 239. Transportation – central garage revolving fund
Personal services
2,241,557
Operating expenses
3,761,036
Other
3,333,000
Total
9,335,593
Source of funds
Transportation fund
Internal service funds
Total
750,000
8,585,593
9,335,593
Sec. 240. Transportation – town highway grants
Grants
21,504,280
Source of funds
Transportation fund
21,504,280
(a) The above appropriation is authorized notwithstanding 19 V.S.A.
§ 306(a).
Sec. 241.
Transportation – town highway bridges
Other
17,701,020
Source of funds
Transportation fund
Sec. 242.
4,892,117
Federal funds
11,432,654
Local match
1,376,249
Total
17,701,020
Transportation - town
highways - class 1 supplemental
Grants
125,000
JOURNAL OF THE HOUSE
Source of funds
Transportation fund
1454
125,000
Sec. 243. Transportation - town highways - emergency fund
Other
750,000
Source of funds
Transportation fund
Sec. 244.
750,000
Transportation - town highways - bridge, culvert
and bridge maintenance programs
Other
2,750,000
Source of funds
Transportation fund
2,750,000
(a) Of the above appropriation, $500,000.00 is allocated to fund the town
highway bridge maintenance program.
(b) Notwithstanding any other provision of law, the secretary of
transportation, with the approval of the secretary of administration, shall
transfer any unexpended balances carried forward into fiscal year 2000 in prior
year transportation appropriations allocated for town highway bridge
maintenance into this appropriation for town highway bridge maintenance.
Sec. 245. Transportation - Vermont Local roads program
Other
370,000
Source of funds
Transportation fund
200,000
Federal funds
170,000
Total
370,000
Sec. 246. Transportation - town highways - class 2 resurfacing program
Other
3,625,000
Source of funds
Transportation fund
Sec. 247.
Transportation - town highways - class 2
3,625,000
1455
SATURDAY, MAY 15, 1999
rehabilitation program
Other
500,000
Source of funds
Transportation fund
500,000
Sec. 248. Department of motor vehicles
Personal services
8,852,720
Operating expenses
4,714,480
Grants
Total
169,000
13,736,200
Source of funds
Transportation fund
13,175,000
Federal funds
Total
561,200
13,736,200
(a) The establishment of five (5) new classified positions - three (3)
Customer Service Representative II, one (1) Commercial Vehicle Enforcement
Inspector, and one (1) Driver Training Coordinator - is authorized in fiscal year
2000.
Sec. 249. Total transportation
304,441,280
Source of funds
Transportation fund
127,851,484
Federal funds
164,856,342
Local match
3,147,861
Internal service funds
8,585,593
Total
Sec. 250.
304,441,280
Debt service - general
Interest
Temporary borrowing
Bonded debt
150,000
23,351,969
JOURNAL OF THE HOUSE
Total interest
1456
23,501,969
Principal
State of Vermont
Series XXII
2,111,970
Series XXXI
2,920,000
Series XXXII
1,186,189
Series XXXIII
4,224,000
Series XXXIV
1,240,000
Series XXXV
818,415
Series XXXVI
1,710,000
Series XXXVII
8,205,000
Series XXXVIII
620,000
Series XXXIX
3,800,500
Series XL
1,903,555
Series XLI
4,100,500
Series XLII
3,160,000
Series XLIII
1,250,000
Series XLIV
2,000,000
Series XLV
Series XLVI
790,000
1,401,237
Series XLVII
790,000
Series XLVIII
265,342
1998 Series C
1,370,706
1998 Series D
1,535,000
Total principal
Total debt service
45,402,414
68,904,383
Source of funds
General fund
Sec. 251. Debt service - transportation
68,904,383
1457
SATURDAY, MAY 15, 1999
Interest
1,108,463
Principal
Series XXIII
488,030
Series XXIX
176,000
Series XXX
75,000
Series XXXI
740,000
Series XXXII
735,000
Series XXXIII
45,000
Series XXXIV
199,500
Series XXXV
69,500
Series XXXVI
98,764
Series XXXVII
19,658
1998 Series C
34,294
Total principal
Total debt service
2,680,746
3,789,209
Source of funds
Transportation fund
Sec. 252.
3,789,209
Debt service - rental payments
Operating expenses
2,389,948
Source of funds
Special funds
2,389,948
Sec. 253. Debt service - job zones
Operating expenses
63,728
Source of funds
General fund
Sec. 254.
Total debt service
63,728
75,147,268
Source of funds
General fund
68,968,111
JOURNAL OF THE HOUSE
Transportation fund
1458
3,789,209
Special funds
2,389,948
Total
75,147,268
Sec. 255. MISCELLANEOUS ACTS OF THE 1999 SESSION
Amounts are hereby appropriated in accordance with the provisions of all
house and senate bills, which may be enacted by the 1999 session of the general
assembly.
Sec. 256. RELATIONSHIP TO CERTAIN EXISTING LAWS
This act shall not be construed in any way to negate or impair the full force
and effect of existing laws relating to taxation and the disposition of funds raised
thereby, the appraisal of electric plants, lawful rebates from the state treasury,
laws relating to unorganized towns and gores, laws relating to trust funds for
which the state is trustee or beneficiary, laws relating to care and regulation of
state institutions and property, and laws relating to the state agricultural land
grant funds.
Sec. 257. OFFSETTING APPROPRIATIONS
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. 258. FEDERAL FUNDS
(a) In fiscal year 2000, 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 2000 federal funds available to the State of Vermont,
and designated as federal in this and other acts of the 1999 session of the
1459
SATURDAY, MAY 15, 1999
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. 259. DEPARTMENTAL RECEIPTS
(a) All receipts shall be credited to the general fund except as otherwise
provided and except the following receipts, for which this subsection shall
constitute authority to credit to special funds:
Connecticut river flood control
Public service department - sale of power
Tax department - unorganized towns and gores
(b) Notwithstanding other provisions 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. 260. 19 V.S.A. § 11 is amended to read:
§ 11. TRANSPORTATION FUND
The transportation fund shall be comprised of the following:
***
(7) both statewide and departmental indirect cost recoveries from federal
sources by the agency of transportation.
JOURNAL OF THE HOUSE
1460
(7)(8) other miscellaneous sources including the sale of maps, plans and
reports, fees collected by the travel information council and leases for property at
state-owned airports and railroads.
Sec. 261. JOB TRAINING PARTNERSHIP ACT
The commissioner of employment and training, as agent for the governor in
accordance with the provisions of the Job Training Partnership Act (P.L. 97-300)
is hereby authorized to accept federal grants provided for in the Job Training
Partnership Act.
Sec. 262. APPROPRIATIONS; HOUSING AND CONSERVATION TRUST
FUND AND MUNICIPAL AND REGIONAL PLANNING FUND
This act contains the following amounts appropriated from the housing and
conservation trust fund and the municipal and regional planning fund.
Expenditures from these appropriations shall not exceed available revenues:
(a) The sum of $9,536,000.00 is appropriated from the housing and
conservation trust fund to the housing and conservation trust board;
(b) The sum of $3,441,721.00 is appropriated from the municipal and
regional planning fund as follows:
(1) $1,500,000.00 for disbursement to regional planning commissions in a
manner consistent with 24 V.S.A. § 4306(b);
(2) $375,000.00 for disbursement to regional planning commission for a
natural resource database (GIS);
(3) $600,000.00 for disbursement to municipalities in a manner consistent
with 24 V.S.A. § 4306(b);
(4) $200,000.00 for disbursement to regional planning commissions for
intensive local and regional education;
(5) $240,0000.00 for disbursement to regional planning commissions for
commercial/industrial sites.
(6) $181,721.00 to the department of taxes for administration of the use tax
reimbursement program;
1461
SATURDAY, MAY 15, 1999
(7) $345,000.00 to GIS.
Sec. 263. 24 V.S.A. § 4306(b)(4) as amended in Sec. 97b of H.130 of 1999, is
further amended to read:
(4) In fiscal years 1990 through 1993, 45 percent of the remaining balance
in the fund, and in each fiscal year following fiscal year 1993, 50 percent of the
remaining balance in the fund Disbursement to municipalities according to a
formula to be adopted by rule under Chapter 25 of Title 3 by the department for
the assistance of municipal planning shall be through a competitive program
administered by the department providing the opportunity for any eligible
municipality or municipalities to compete regardless of size, provided that to
receive funds a municipality shall be confirmed under section 4350 of this title.
The commissioner, in developing the formula shall take into account the
following: population; indicators of growth, such as grand list, local development
permit activity, and property transfer tax activity; level of development activity in
nearby municipalities; community need indicators, such as per capita income and
percentage of population considered lower income; and existing level of
municipal and financial support for planning. The formula developed shall
ensure a minimum equitable level of funding for each municipality. Funds
allocated under this subdivision (4) to municipalities shall be used for the
purposes of:
(A) funding of regional planning commissions in undertaking capacity
studies
(B) carrying out the provisions of subchapters 5 through 7 of 24 V.S.A.,
chapter 117;
(C) acquiring development rights, conservation easements, or title to
those lands, areas and structures identified in either regional or municipal plans as
requiring special consideration for provision of needed housing, aquifer
protection, open space, farmland preservation or other conservation purposes.
JOURNAL OF THE HOUSE
1462
Sec. 263a. REPEAL
Section 87a (L) of Act 1 of 1999 (one time general fund appropriation for
digital orthophotographic mapping project) is repealed.
Sec. 263b. MUNICIPAL AND REGIONAL PLANNING FUND ONE-TIME
APPROPRIATIONS
In addition to the appropriations in sec. 262(b) of this act the following
one-time appropriations are made in fiscal 1999 from the municipal and
regional planning fund:
(a) $1,150,000.00 to the department of taxes for the digital
orthophotographic mapping project (PVR);
(b) $47,000.00 to the agency of natural resources for payment in lieu of
taxes for the towns of Eden and Hyde Park;
(c) $30,000.00 to the department of buildings and general services for
technical assistance for the dry hydrant program;
(d) $75,000.00 to the agency of natural resources for fiscal year 2000
proration of property taxes on the so-called “Champion Land”;
(e) $150,000.00 to the commissioner of taxes in order to adjust tax year
1998 (FY 1999) current use payments to reflect appropriate municipal budget
levels. In order to receive correction payments towns must submit to the
division of property valuation and review their FY 1998 municipal budget with
itemization of revenues that indicate allocation of current use payments for that
fiscal year and certify to the commissioner that said allocation was made in
error. Such submission shall be made on or before August 1, 1999. Payments
shall be to towns with corrections in excess of $1,000.00 on or before
September 10, 1999 based on an eligibility determination by the commissioner.
In the event that the amount appropriated is insufficient to cover eligible towns
payments shall be prorated accordingly. A report on such eligibility
determination and payments made shall be submitted to the joint fiscal
committee at its September meeting.
1463
SATURDAY, MAY 15, 1999
Sec. 264. SOCIAL WELFARE; DRUG CONVICTION RECORDS
Notwithstanding any other provision of law, the commissioner of social
welfare may obtain from the Vermont crime information center the record of
convictions occurring after August 22, 1996, of any person to the extent that the
commissioner has determined, according to criteria established by rule, that such
information is necessary to confirm or refute that a felony conviction related to a
controlled substance has occurred.
Sec. 264a. SPECIAL EDUCATION; STATEWIDE PROGRAMS
Of the appropriation authorized in Sec. 166 of this act, and notwithstanding
any other provision of law, an amount not to exceed $2,300,000.00 shall be used
by the department of education in fiscal year 2000 as funding for 16 V.S.A.
§ 2967(b)(2)-(6). In distributing such funds, the commissioner shall not be
limited by the restrictions contained within 16 V.S.A. § 2969(c) and (d) and shall
give priority to programs providing services to students.
Sec. 265. NEW POSITIONS
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 2000,
except for new positions authorized by the 1999 session of the general assembly.
Positions in the department of employment and training, operating under the
managing-to-payroll program, shall not be subject to this restriction, nor shall
limited service positions approved pursuant to 32 V.S.A. § 5, nor shall this apply
to partnership or sponsored positions as defined by this act or by the secretary of
administration.
Sec. 266. LIMITED SERVICE POSITIONS
(a) The commissioner of personnel may establish up to 30 limited service
positions, excluding those limited service positions which are fully funded
through federal funds, grants, or other nonstate funds, not to exceed 10 in any one
JOURNAL OF THE HOUSE
quarter, to meet the short-term supplemental staffing needs of the state.
1464
Consistent with the provisions for negotiating the impact of workweeks or
schedules under the collective bargaining agreement, and with the approval of the
commissioner of personnel, the appointing authority may prescribe, for such
positions, full or part-time schedules and flexible work hours are deemed
appropriate. The authorized use of such positions shall be limited to:
(1) providing for staffing needs expected to last less than three years,
including, but not limited to, capital improvement and transportation projects; or
(2) providing an ongoing fill-in capacity, in lieu of hiring temporary
employees, in institutions or where it is deemed appropriate to provide coverage
for temporary and intermittent absences of regular staff.
(b) Such authorized limited service positions shall not be created until the
appointing authority has certified to the secretary of administration that there
exists equipment and housing for the positions.
(c) The commissioner of personnel shall notify the joint fiscal office when
such positions are established or abolished and shall report on their usage to the
legislature by January 15 each year. Upon request of the commissioner of
personnel, the joint fiscal committee may authorize the establishment of positions
under this section in excess of 10 during any fiscal quarter.
Sec. 267. GENERAL FUND FISCAL YEAR 1999 ONE-TIME
APPROPRIATIONS
The following amounts are appropriated from the general fund to the
secretary of administration, for transfer and use by the referenced departments
as indicated in fiscal year 1999:
(1) To the department of buildings and general services for the purposes
in subdivisions (A), (B) and (C) below.
$10,000,000
(A) $6,000,000.00 for the nonfederal share of the construction of a
new 350-bed corrections facility;
1465
SATURDAY, MAY 15, 1999
(B) $3,000,000.00 for use for a community center or civic
improvement project of similar size and magnitude as defined by the citizens
of Springfield after a public input process, contingent on state approval of the
project;
(C) $1,000,000.00 for use as an economic development grant for the
Jones and Lamson Plant One site provided acceptable agreements can be made
with the site owner. If acceptable agreements can not be made, such funds
shall be set aside and used for other economic development projects within the
town of Springfield such as a project at the new industrial development site.
This contribution is conditional upon agency of commerce and community
development approval of any alternative projects.
This appropriation is subject to voter approval of a correctional facility by
the town of Springfield. The funds in subdivisions (1)(B) and (C) of this
section shall not be released until the commissioner of buildings and general
services submits a formal letter of certification to the secretary of
administration and the joint fiscal committee that all permit approvals and site
issues have been resolved favorably for construction of a 350-bed correctional
facility in the town of Springfield. The spending authorization of this
subsection and subdivision (2) of this section and Sec. 267c(3) and Sec. 268(4)
shall carry forward beyond the current or any future fiscal year.
(2) To the department of buildings and general services for construction,
remodeling and enlargement of the Springfield vocational technical center and
the purchase of equipment for the facility. One hundred percent of the total
cost of the project shall be paid by the state. The release of state funds for the
project is subject to the following conditions:
(A) The facility shall include the co-location of:
(i) The Vermont State Colleges’ functions now in Springfield, the
Community College of Vermont, the External Degree Program offered by
JOURNAL OF THE HOUSE
1466
Johnson State College, Vermont Interactive Television and the Southeastern
Vermont Education Center; and
(ii) Springfield Public Access Television (SPATV), if SPATV so
requests in writing by July 1, 2000 to the commissioner of buildings and
general services.
(B) The project design and construction shall include:
(i) wood space heating; and
(ii) internal electrical fit-ups necessary for back-up generator
power for limited power during emergencies.
(C) In the event of a natural disaster or other emergency, the director
of the emergency management division of the department of public safety shall
at his or her discretion assume control of all or portions of the facility and its
grounds during the pendancy of the occurrence.
$5,000,000
(3) To the department of buildings and general services for retirement of
accrued budgetary deficits.
$350,000
(4) To the department of buildings and general services for historic
exterior decorations of the State House and state buildings on the occasion of
the anniversary of the birth of Admiral Dewey.
$7,000
(5) To the Vermont housing and conservation board, on a one-time
basis, for emergency housing activities. The board shall assess proposals for
these funds with priorities given to projects which:
(A) relieve burdens in the state’s tightest rental housing markets;
(B) can leverage project-based rental assistance to best serve very
low income households with incomes below 30 percent of median;
(C) create mixed income communities or enhance the economic
diversity of communities provided a percentage of units are set aside for very
low income Vermonters, including households below 30 percent of median;
(D) prevent displacement of low income Vermonters or alleviate
health and safety burdens, or both;
1467
SATURDAY, MAY 15, 1999
(E) are located in communities experiencing high rates of
homelessness;
(F) provide $300,000.00 one-time assistance to alleviate the backlog
in requests for home access modifications;
(G) leverage funds not normally available to the state or which would
otherwise go unused.
$6,000,000
(6) To the office of the treasurer for the creation and management of a
higher education endowment fund.
$6,000,000
(7) To the Vermont state colleges for information
technology upgrades.
$750,000
(8) To department of travel and tourism, a one-time funding
enhancement to include $1,250,000.00 for the media partnership initiative,
$250,000.00 for software, $250,000.00 for international marketing, and
$150,000.00 for the Vermont film bureau.
$1,900,000
(9) To the Vermont economic development authority for recapitalization
of the farm debt program.
$3,500,000
(10) To the department of economic development for a grant to the
Northern Community Investment Corporation. These funds shall only be
released in the event that said funds are necessary and will result in
establishment of a call center in the northeast kingdom.
$250,000
(11) To the department of economic development for a grant to the
Barre Area Development Corporation. The purpose of the appropriation is to
assist in the development of incubator space in the Barre area. These funds
shall only be released when the grantee documents they have obtained
$500,000.00 from other non-state sources.
$250,000
(12) To department of housing and community affairs for the Mount
Independence historical site to provide funding to be matched with private
funds for an education coordinator.
$20,000
JOURNAL OF THE HOUSE
1468
(13) To the Vermont council on the humanities for the early reading
initiative.
$25,000
(14) To the department of forests, parks and recreation for rehabilitation
of the state park system. A minimum of $50,000.00 of such funds shall be
used for lean-to construction by the Vermont Youth Conservation
Corps.
$2,900,000
(15) To the agency of natural resources for restoration of the “Gordon
House”.
$465,000
(16) To the department of fish and wildlife for purchase of equipment
for game wardens.
$75,000
(17) To the department of agriculture, food and markets, first, for the
construction of a $20,000 sugar shack for the Orleans County fair to be paid by
June 15, 1999 and, second, for a competitive grants program of $180,000 for
state fair capital projects. No single entity shall be awarded more than 20% of
the total appropriated amount.
$200,000
(18) To the department of agriculture, food and markets for a one time
funding enhancement for agricultural development and promotion programs
including promotion of the apple industry at $70,000.
$470,000
(19) To the department of agriculture for start-up costs of the “Twoplus-Two” agriculture bachelor’s degree program at Vermont Technical
College and the University of Vermont.
$56,240
(20) To the department of social welfare for a computer system upgrade,
including $1,800,000.00 in federal funds and the following from the general
fund surplus reserve.
$200,000
(21) To the department of social welfare for hearing aids for Medicaid
recipients, $434,000.00 in federal funds, and the following in general
funds.
$266,000
(22) To the department of social welfare for cost management studies
and review of the administration of the VSCRIPT program.
$91,500
1469
SATURDAY, MAY 15, 1999
(23) To the department of aging and disabilities – vocational
rehabilitation for pressure mapping devices for use in wheelchair
clinics.
$16,500
(24) To the department of aging and disabilities to partially match the
Robert Wood Johnson community partnerships for end of life care
grant.
$10,000
(25) To the department of corrections for fixtures and equipment at the
correctional facility in Newport.
$190,000
(26) To the department of health for a one-to-one matching grant
program for infant car seats.
$20,000
(27) To the office of economic opportunity for pilot programs for
repairing and recycling used automobiles for low income people.
$50,000
(28) To the department of social and rehabilitation services for
continued legal services for adoption activities.
$48,000
(29) To the Vermont council on the arts for the Vermont millennium
arts project.
$75,000
(30) To the Vermont council on the arts for a grant to the Burlington
city arts program for capital investment to renovate the Ethan Allen Firehouse
into the firehouse arts center.
$10,000
(31) To the Vermont Council on the arts for the state song.
$5,000
(32) To the department of education for school construction aid
obligations made prior to Act 60 of 1997.
$3,000,000
(33) To the department of education for a one-time funding
enhancement for the Vermont Center for the Book.
$25,000
(34) To the department of education to combat hate, intolerance and
discrimination in public education and to promote interracial and intercultural
understanding.
$50,000
JOURNAL OF THE HOUSE
1470
(35) To the department of education for support of debate and forensic
speaking programs.
$15,000
(36) To the department of education for electronic debit cards in the
child nutrition programs.
$44,000
(37) To the department of education, for $25,000.00 grants for
Bennington and Addison counties for the purpose of planning career
academies co-located with postsecondary institutes and the planning
of related governance activities.
$50,000
(38) To the department of education for a supplemental one-time grant
to the Child and Adult Care Food Program.
$50,000
(39) To the judiciary for technology enhancements, to replace court
reporting equipment, and a family court best practices study.
$330,000
(40) To the department of libraries for the state law library.
$50,000
(41) To the department of libraries, to meet budget pressures caused by
maintaining service at the Southeast regional library during the study period as
follows:
(A) the Southeast Regional Library shall remain open through June
30, 2000;
(B) a study committee is hereby created consisting of the director of
the state department of libraries or his or her designee as chair, an appointee of
the Board of the Brooks Memorial Library in Brattleboro, an appointee of the
superintendent of schools or his or her designee in the Southeast supervisory
union, and two citizen users of the regional library and one regional librarian
not associated with the Southeast regional library appointed by the governor.
The committee shall look at the impacts of closure on fees, charges and
services of libraries in the southeast region, the importance of the regional
library to the geographic area of the state and the service implications of the
closure, and the availability of substitute services and resources for the region.
Findings and recommendations to mitigate the impact of closure shall be
1471
SATURDAY, MAY 15, 1999
reported to the governor, the house and senate committees on education and
appropriations by November 15, 1999.
$10,000
(42) To the department of personnel for a classification
system study.
$80,000
(43) To the department of public safety for a microwave
communications systems. The department of public safety, with the assistance
of a users group, shall design and implement a microwave communications
system for the state of Vermont. The users group shall consist of the following
members: two sheriffs, designated by the president of the Vermont Sheriffs
Association, one to represent a highly populated county and the other shall
represent a less populated county; two chiefs of police, designated by the
president of the Vermont Chiefs of Police Association, one to represent a large
police department and the other shall represent a small police department; one
representative of the Vermont Firefighters Association, designated by that
association; one fire chief, designated by the Vermont Fire Chiefs Association;
one representative of the Vermont Emergency Medical Services Association,
designated by that association; one representative of the Vermont agency of
transportation, designated by the secretary of that agency; and one
representative of the Vermont National Guard, designated by the adjutant
general.
$2,000,000
(44) To the Vermont historical society for a capital
campaign.
$250,000
Sec. 267a. REALLOCATED FY 1999 ONE-TIME APPROPRIATIONS
Of the $200,000.00 appropriated in Sec. 87a(F) of Acts No. 1 of the Acts of
1999, to the Vermont council on the arts in coordination with Friends of the
State House for art acquisition, $25,000.00 shall be redirected to the Vermont
millennium arts project.
Sec. 267b. FY 1999 SURPLUS ONE-TIME APPROPRIATIONS
JOURNAL OF THE HOUSE
1472
In fiscal year 2000, all funds in the general fund surplus reserve established
in Sec. 277(5) of Act No. 47 of the Acts of 1998 and amended in Sec. 88 of
Act No. 1 of the Acts of 1999 are hereby appropriated to the secretary of
administration for transfer and use by the department of education for school
construction.
Sec. 267c. GENERAL FUND FISCAL YEAR 2000 ONE-TIME
APPROPRIATIONS
The following amounts are appropriated from the general fund to the
secretary of administration, for transfer and use by the referenced departments
as indicated in fiscal year 2000:
(1) To the secretary of administration for the 27th payday
in fiscal year 2000;
$4,281,120
(2) To the department of taxes for fiscal year 2000 expenses related to
property tax prebates;
$250,000
(3) To the department of corrections for the nonfederal share of the
construction of a new 350-bed facility. This appropriation is made consistent
with the conditions described in Sec. 267(1) of this act;
$7,000,000
(4) To the department of buildings and general services for ADA
compliance in state owned buildings;
$550,000
(5) To the commissioner of education for expenses relating to the
planning, preparation and advance arrangements for the Vermont All-State
Music Festival to be hosted in Burlington, Vermont in the year 2002. Any
amount appropriated and not expended in fiscal year 2000 shall not revert but
shall carry over for expenditure for this purpose until the end of fiscal year
2002;
$25,000
(6) To the fire service training council for grants to local fire
departments for breathing apparatus;
$200,000
(7) For transfer to the downtown transportation and capital improvement
special fund. The appropriation shall be used for projects on a one-time basis
1473
SATURDAY, MAY 15, 1999
and shall not commit future resources to said projects. No one entity funded
from this appropriation shall receive more than $75,000;
$200,000
(8) To the department of agriculture, food and markets for the purchase
of a liquid chromatography mass spectrometer;
$80,000
(9) To the department of social and rehabilitation services for ADA
training in child care facilities;
$25,000
(10) To the agency for natural resources for payment of sewer fees of
$500.00 to the Randolph Water and Sewer Department for each connection of
the Lake Champagne Campground to connect up to a total of 32 connections to
replace existing septic systems currently located within the Randolph Center
fire district well head protection area.
$16,000
Sec. 268. GENERAL FUND TRANSFERS AND APPROPRIATIONS
Notwithstanding any other provisions of law, the fiscal year 2000
unreserved undesignated general fund balance on a budgetary basis as
determined by the commissioner of finance and management on July 31, 2000
is hereby transferred and appropriated as available in the following order:
(1) First, an amount not to exceed $1,500,000.00 may be transferred to
the transportation budget stabilization reserve to bring the reserve to its
statutory maximum;
(2) Second, the necessary portion of the balance shall be transferred to
the general fund budget stabilization reserve to attain its statutory maximum;
(3) Third, $3,600,000.00 is hereby appropriated to the secretary of
administration for transfer to the department of finance and management for
acquisition and implementation of the finance and management information
system;
(4) Fourth, subject to the conditions in Sec. 267(2) of this act,
$4,930,000.00 is appropriated to the secretary of administration for transfer to
the department of buildings and general services for construction, remodeling
JOURNAL OF THE HOUSE
and enlargement of the Springfield vocational technical center and the
1474
purchase of equipment for the facility. In the event that all or a part of this
appropriation does not occur due to insufficient unreserved undesignated
balances, the secretary of administration shall include that amount not
appropriated in the recommended capital bill for fiscal year 2001. It is the
intent of the general assembly that any necessary amount to fully fund this
appropriation be provided through bonded funds in fiscal year 2001;
(5) Fifth, $750,000.00 is hereby appropriated to the secretary of
administration for transfer to the department of buildings and general services
for ADA compliance in state buildings;
(6) Sixth, any remaining fund balance after subdivisions (1), (2), (3) (4)
and (5) of this section shall be transferred to the general fund surplus reserve
created within the general fund by the general assembly in Act No. 1 of 1999.
Sec. 269. [Deleted.]
Sec. 270. TRANSPORTATION FUND APPROPRIATIONS AND
TRANSFERS
(a) The amount of $1,980,102.00 is appropriated from the transportation
fund to the secretary of administration for the 27th payday in fiscal year 2000,
for transfer to departments upon approval of the secretary of administration.
(b) The amount of $400,000.00 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. 271. REPEAL
Sec. 48(g) of No. 50 of the Acts of 1997 (sunset on property transfer tax
exemption) is repealed.
Sec. 272. 32 V.S.A. § 9602(1) is amended to read:
1475
SATURDAY, MAY 15, 1999
(1) with respect to the transfer of property to be used for the principal
residence of the transferee the tax shall be imposed at the rate of five-tenths of
one percent of the first $100,000.00 in value of the property transferred and at
the rate of one and one quarter percent of the value of the property transferred
in excess of $100,000.00, provided that no tax shall be imposed on the first
$100,000.00 in value of the property if, in connection with the transfer, a
guaranty fee is paid to the Vermont home mortgage guarantee program in
accordance with section 387 of Title 10 the purchaser obtains a purchase
money mortgage that the Vermont housing finance agency has committed to
make or purchase;
Sec. 272a. 20 V.S.A. § 45 is added 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 expend 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) In any fiscal year up to two percent of the amount of the general fund
budget stabilization reserve established by 32 V.S.A. § 308 may be expended
to provide for emergency relief and assistance under this section. Upon the
JOURNAL OF THE HOUSE
1476
occurrence of the contingencies and conditions set out in subsection (a) of this
section, such amounts are appropriated and may be expended for this purpose.
(c) Annually, the secretary of administration shall submit a report detailing
any expenditures for disaster relief and assistance under this section to the
general assembly.
Sec. 272b. REPEAL
3 V.S.A. § 2225 (establishing an emergency relief and assistance fund) is
repealed.
Sec. 272c. MATCH FOR FEMA DISASTER RELIEF; JANUARY, 1998 ICE
STORM
$300,000.00 is hereby appropriated from the emergency relief and
assistance special fund to the agency of commerce and community
development, to meet the state’s commitments to communities to assist with
recovery costs related to the January 1998 ice storm. This appropriation is
made in lieu of the joint fiscal committee determination stipulated in Sec. 268b
of No. 147 of the Acts of 1998.
Sec. 272d. 3 V.S.A. § 1101(b)(9) is added to read:
(9) Staff employed by the center for crime victims and victims
advocates.
Sec. 273. [Deleted.]
Sec. 274. TOBACCO PREVENTION, CESSATION AND CONTROL
In order to develop a comprehensive statewide approach to tobacco
prevention, cessation and control:
(a)(1) A tobacco prevention, cessation and control task force is created and
charged with development of a comprehensive statewide plan, and an
institutional structure and financing approach for effective tobacco prevention,
cessation and control in Vermont.
(2) The task force shall consist of the attorney general, the
commissioner of health and the commissioner of education, or their designees;
1477
SATURDAY, MAY 15, 1999
two members of the house of representatives, one from the committee on
health and welfare and one member appointed from either the committee on
ways and means or appropriations by the speaker of the house, two members
of the senate, one member from the committee on health and welfare and one
member from either the committee on finance or appropriations appointed by
the committee on committees; the director of the UVM office of health
promotion research; one public member from the medical community selected
by the governor; and an advocate on behalf of the low income community in
Vermont and a nonprofit anti-tobacco advocate to be selected by the other
members of the task force. Legislative and public members shall be entitled to
compensation and reimbursement for expenses under 2 V.S.A. § 406 and 32
V.S.A. § 1010, respectively.
(3) The task force shall coordinate its work with the department of
health public hearing process. The task force shall have the assistance of the
office of the attorney general, the department of health, the department of
education, the legislative council, and the joint fiscal office.
(4) The task force shall propose to the general assembly and the
governor on or before November 15, 1999 a plan and related legislative
proposals for the following matters, and shall thereupon cease to exist:
(A) Long-term strategies including but not limited to the following:
(i) A long-term oversight structure to implement and administer
statewide tobacco prevention, education and control programs.
(ii) A long-term sustainable financial plan and related trust fund or
similar public finance mechanism.
(iii) Strategies for implementing effective tobacco control and
prevention activities including anti-addiction programs accessible to all
Vermonters, creating and fostering anti-tobacco advertising, establishing
JOURNAL OF THE HOUSE
1478
community outreach programs, supporting tobacco control enforcement and
program evaluation activities.
(iv) A plan for coordinating and integrating, to the extent possible,
Vermont’s tobacco prevention, cessation and control activities with successful
alcohol and substance abuse programs.
(B) Short-term activities and proposed itemized expenditures for
implementing effective tobacco prevention, cessation and control programs
and activities, including proposals for coordinating and integrating such
programs with successful alcohol and substance abuse programs, for inclusion
in the FY 2000 budget adjustment and the FY 2001 appropriations process.
(C) $70,000.00 is appropriated in fiscal year 2000 from the Vermont
tobacco litigation settlement fund to the legislature to provide staff, consultant
and technical resources to the tobacco prevention, cessation and control task
force charged with development of a comprehensive statewide plan, an
institutional structure and financing approach for effective tobacco prevention,
cessation and control in Vermont.
Sec. 275. TOBACCO STRATEGIC CONTRIBUTION PAYMENTS
(a) The treasurer with the advice of the office of the attorney general, shall
study the potential revenue that could be generated through the sale of the
state’s tobacco strategic contribution payments income stream. The results of
this study shall be presented to the joint fiscal committee on October 15, 1999
for discussion at its November 1999 meeting.
Sec. 275a. 32 V.S.A. § 435a is added to read:
§ 435a. TOBACCO LITIGATION SETTLEMENT FUND
(a) A tobacco litigation settlement fund shall be established in the state
treasury, separate from the general fund and any other fund, for the support of
tobacco use prevention, cessation and control, and for other health care
purposes.
1479
SATURDAY, MAY 15, 1999
(b) Into the fund shall be deposited all monies received by the state in
connection with the Master Tobacco Settlement Agreement between members of
the tobacco industry and the state approved by the Vermont superior court on
December 14, 1998 and finalized in Vermont on January 13, 1999, and any
interest that accrues on the balance of such monies.
(c) Of the balance in the tobacco litigation settlement fund, $19,200,000 is
hereby reserved for the sole purpose of long-term sustainable tobacco
education, prevention, cessation and control programs and the trust fund
proposal developed in accordance with subdivision (a)(4)(A)(iii) of Sec. 274 of
this act.
Sec. 275b. 32 V.S.A. § 586 is amended to read:
§ 586. APPLICATION
The provisions of this subchapter shall not apply to funds established to
account for proceeds from the sale of bonds, to the general fund, the
transportation fund, the fish and wildlife fund, the tobacco litigation settlement
fund, or to any federal revenue funds, trust funds, enterprise funds, internal
service funds, or agency funds, or to public service enterprise funds established
to implement provisions of sections 211 and 212a through 212f of Title 30; the
budget stabilization reserves created by sections 308 and 308a of this title; the
low-level radioactive waste fund created by section 7013 of Title 10; the
Vermont campaign fund created by section 2856 of Title 17; or the education
fund created by section 4025 of Title 16.
Sec. 276. GRANTS
The following grant is hereby accepted and appropriated to the department
indicated for the purpose specified by the grantor, to become effective upon
passage.
JFO #1853 - $387,874 Children’s Health Insurance Program (CHIP) grant
from the U.S. Department of Health and Human Services to the Department of
JOURNAL OF THE HOUSE
1480
Social Welfare. This grant will be used to provide the federal funding to create
a new state health insurance program to cover children up to age 18 in families
with incomes between 225 and 300 percent of the federal poverty level.
Sec. 277. EFFECTIVE DATES
(a) This section and Secs. 44a, 57a, 118a, 128b, 133, 168a, 196a, 263a,
263b, 267, 267a, 267b, 272c, 275 and 276 shall be effective on passage.
(b) Secs. 259(b) and 260 shall be effective on passage and shall apply from
July 1, 1998.
(c) Sec. 272 shall be effective on passage, and the provisions in Sec. 272
providing a property transfer tax exemption shall be repealed on July 1, 2002.
Addendum to Committee of Conference Report on H. 554
First: On page 115, after Sec. 157, by adding a new section to be numbered
Sec. 157a to read as follows:
Sec. 157a. WORKFORCE EDUCATION AND TRAINING
(a) There is hereby created a Workforce Education and Training Fund in the
department of employment training to be managed in accordance with
subchapter 5 of chapter 7 of Title 32.
(b) The sum of $1,500,000 is hereby appropriated for transfer from the
general fund debt service reserve to the Workforce Education and Training
Fund.
(c) These funds are hereby appropriated and shall be used exclusively
for the purposes of workforce education and training to improve the skills of
Vermont unemployed and underemployed workers.
(d) The commissioner shall use the funds to make awards on a
competitive basis to private and public higher education institutions, technical
centers, and programs offering postsecondary courses in collaboration with
business, to enhance the quality of the Vermont workforce and increase its
number of highly skilled workers. The commissioner shall give preference to
programs and projects that test innovative and collaborative approaches to
workforce development, and to the linking of workforce-education and
economic development strategies. The commissioner may continue to fund a
program or project which demonstrates that it has resulted in increased income
and economic opportunity for employees and employers.
1481
SATURDAY, MAY 15, 1999
(e) In making awards from the fund, the commissioner shall use
criteria developed by the human resources investment council which shall
include the following:
(1) Proposals which address the needs of workers who are unemployed,
underemployed or are at risk of becoming unemployed due to new demands in
the workplace.
(2) Proposals which will lead to jobs paying 200 percent of the current
minimum wage or 150 percent, including benefits.
(3) Proposals which improve the productivity and job security of
incumbent workers by addressing the need to upgrade skills.
(4) Proposals which do not duplicate, supplant or replace other programs
funded with public money.
(f) The commissioner shall, in collaboration with the human resources
investment council, develop evaluation standards to measure the effectiveness
of the programs and projects funded by the grant awards. By January 15, 2000
the commissioner shall submit a report of awards made and the effectiveness
of the funded programs and projects.
(g) The commissioner in collaboration with the human resource investment
council shall develop a plan for an on going funding source for this program.
Second: In Sec. 222, subsection (a), on page 150, by striking out the figure:
“$4,165,589.00” and inserting in lieu thereof the figure $2,665,589.00
COMMITTEE ON THE PART
OF THE SENATE
SEN. GEORGE B. SPAULDING
SEN. ROBERT D. IDE
SEN. SUSAN J. BARTLETT
COMMITTEE ON THE PART
OF THE HOUSE
REP. SALLY G. FOX
REP. RICHARD A. WESTMAN
REP. CAROLYN S. KEHLER
Which was considered and adopted on the part of the House.
On motion of Rep. Freed of Dorset, the rules were suspended and action
on the bill was ordered messaged to the Senate forthwith and the bill delivered
to the Governor forthwith.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
JOURNAL OF THE HOUSE
1482
I am directed to inform the House that the Senate has considered House
proposal of amendment to Senate bill of the following title:
S. 137. An act relating to the ability of the Public Service Board to require
that energy conservation services be developed and provided by an entity
appointed by the board.
And has concurred therein.
The Senate has considered bills originating in the House of the following
titles:
H. 48. An act relating to city of Burlington charter.
H. 332. An act relating to labeling of containerized, bottled and packaged
drinking water.
And has passed the same in concurrence.
The Senate has considered a bill originating in the House of the following
title:
H. 532. An act relating to professions and occupations.
And has passed the same in concurrence with proposal of amendment in the
adoption of which the concurrence of the House is requested.
The Senate has considered House proposal of amendment to Senate
proposal of amendment to joint resolution of the following title:
J.R.H. 124. Joint resolution establishing a task force on truancy and safe
learning environments.
And has concurred therein.
The Senate has considered the reports of the Committees of Conference
upon the disagreeing votes of the two Houses upon House bills of the
following titles:
H. 548. An act relating to equal education opportunity omnibus art.
H. 554. An act relating to making appropriations for the support of
government.
And has accepted and adopted the same on its part.
The Senate has considered the report of the second Committee of
Conference upon the disagreeing votes of the two Houses upon House bill of
the following title:
H. 158. An act relating to the litter enforcement and municipal recycling
services.
1483
SATURDAY, MAY 15, 1999
And has accepted and adopted the same on its part.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has considered a joint
resolution originating in the House of the following title:
J.R.H. 130. Joint resolution relating to final adjournment of the General
Assembly in 1999.
And has adopted the same in concurrence.
Message from the Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Senate has on its part completed
the business of this session and is ready to adjourn to a day certain, June 8,
1999, if necessary, or, if not necessary, then to January 4, 2000, pursuant to the
provisions of J.R.H. 130.
Senate Notified of Completion of House Business
Rep. Tracy of Burlington moved that the House direct the Clerk to inform
the Senate that the House has completed the business of the first half of the
Biennial session and is ready to adjourn pursuant to the provision of J.R.H.
130, which was agreed to.
Governor Notified of Completion of House Business
Rep. Tracy of Burlington moved that the Speaker appoint a committee of
six to inform the Governor that the House has completed the business of the
first half of the Biennial Session and is ready to adjourn pursuant to the
provisions of J.R.H. 130, which was agreed to.
Thereupon, the Speaker appointed:
Rep. Tracy of Burlington
Rep. Freed of Dorset
Rep. Towne of Berlin
Rep. Lafayette of Burlington
Rep. Fox of Essex
JOURNAL OF THE HOUSE
Rep. Livingston of Manchester
1484
Governor Presented at Bar of House
The Committee appointed to wait upon the Governor retired to the
Executive Chamber and returned with His Excellency, Governor Howard
Dean, and presented him at the bar of the House. The Governor addressed the
House and, having completed his remarks, was escorted from the Hall by the
Committee.
Adjournment
Rep. Tracy of Burlington moved that the House now adjourn pursuant to
J.R.H. 130, which was agreed to. Thereupon, at eleven o’clock and thirteen
minutes in the evening, the Speaker adjourned the House of Representatives
pursuant to the provisions of J.R.H 130.
Final Messages and Communications
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the seventeenth
day of May, 1999, he approved and signed a bill originating in the House of
the following title:
H. 27 An act relating to the transfer on death security registration.
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the nineteenth
day of May, 1999, he approved and signed bills originating in the House of the
following titles:
H. 163 An act relating to Vermont honor scholarships;
H. 180 An act relating to agricultural credit;
H. 189 An act relating to reproductive health equity in health
insurance coverage;
H. 290 An act relating to an endowment trust fund to provide
financial aid to Vermont postsecondary students and
institutions;
H. 440 An act relating to the prevention of HIV infection;
1485
SATURDAY, MAY 15, 1999
H. 551 An act relating to amendments to the City of Burlington
Charter
H. 533 An act relating to capital appropriations and state bonding;
H. 557 An act relating to an omnibus fish and wildlife act.
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the nineteenth
day of May, 1999, he did not approve and allowed to become law without his a
bill originating in the House of the following title:
H. 387 An act relating to deer and other types of pool selling.
Communication From Governor
“May 19, 1999
Don Milne
Clerk of the House
115 State Street
Drawer 33
Montpelier, Vermont 05633-5501
Dear Don,
I am allowing to become law without my signature H. 387, an act relating to
deer and other types of pool betting.
I support legalizing pool betting by and for legitimate nonprofit organizations
and would gladly have signed such a bill. H. 387, however, permits bars and
other commercial establishments to conduct pools. Even though the proceeds
have to go entirely to the winners or to a nonprofit organization, I am
uncomfortable with this section of the bill because it permits bars to benefit
from sponsoring pool betting.
Sincerely,
/s/Howard Dean, M.D.
Governor”
Message from Governor
JOURNAL OF THE HOUSE
1486
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the twentieth day
of May, 1999, he approved and signed bills originating in the House of the
following titles:
H. 10
H. 39
H. 169
H. 181
H. 390
An act relating to motor vehicles;
An act relating to computer crimes;
An act relating to farm employee housing;
An act relating to zoning and family day care homes;
An act relating to examination of insurers, licensing of agents
and captive insurance agencies;
H. 507 An act relating to first class license holders and food service;
H. 563 An act relating to the merger of the town of Northfield and the
village of Northfield;
H. 568 An act relating to compensation for certain state employees.
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the twenty-fifth
day of May, 1999, he approved and signed a bill originating in the House of
the following title:
H. 103 An act relating to Worker’s Compensation.
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the first day of
June, 1999, he approved and signed bills originating in the House of the
following titles:
H. 48 An act relating to city of Burlington charter;
H. 158 An act relating to litter enforcement and municipal recycling
services;
H. 332 An act relating to labeling of containerized bottled, and
packaged drinking water;
1487
SATURDAY, MAY 15, 1999
H. 365 An act relating to the Vermont prescription drug pricing and
consumer protection program;
H. 532 An act relating to professions and occupations;
H. 549 An act relating to miscellaneous adjustments to the state,
teachers and municipal retirement systems;
H. 552 An act relating to the duties of magistrates;
H. 565 An act relating to a special retirement study committee.
Message from Governor
A message was received from His Excellency, the Governor, by Ms. Kate
O’Connor, Secretary of Civil and Military Affairs, as follows:
Mr. Speaker:
I am directed by the Governor to inform the House that on the second day
of June, 1999, he approved and signed bills originating in the House of the
following titles:
H. 548 An act relating to equal education opportunity omnibus act;
H. 554 An act making appropriations for the support of government.
Message from Senate
A message was received from the Senate by Mr. Marshall, its Assistant
Secretary, as follows:
Mr. Speaker:
I am directed to inform the House that the Governor has informed the
Senate that on the nineteenth day of May, 1999, he approved and signed bills
originating in the Senate of the following titles:
S. 17. An act relating to motor vehicle dealers.
S. 56. An act relating to local speed limits.
The Governor has informed the Senate that on the twenty-fifth day of May,
1999, he approved and signed bills originating in the Senate of the following
titles:
S. 16. An act relating to providing that surface water rules adopted by the
water resources board are enforceable by the ticket system that applies to other
violations by the operators of vessels.
JOURNAL OF THE HOUSE
1488
S. 208. An act relating to diversified agricultural development and special
support for the apple industry.
The Governor has informed the Senate that on the twenty-sixth day of May,
1999, he approved and signed bills originating in the Senate of the following
titles:
S. 71. An act relating to Medicare supplemental insurance.
S. 90. An act relating to replacing striking employees in municipal labor
disputes.
S. 125. An act relating to medical examinations.
S. 144. An act relating to creating a 15-year statute of limitations for
enforcement of municipal land use permits and providing that noncompliance
with or failure to obtain these permits does not create an encumbrance on title.
S. 174. An act relating to a study of accessibility standards for residential
housing.
The Governor has informed the Senate that on the first day of June, 1999,
he approved and signed bills originating in the Senate of the following titles:
S. 45. An act relating to injunctions against hate-motivated crimes.
S. 47. An act relating to a commission on Alzheimer’s disease and related
disorders.
S. 49. An act relating to municipal civil ordinance penalties.
S. 98. An act relating to the home heating fuel assistance program.
S. 137. An act relating to the ability of the public service board to require
that energy conservation services be developed and provided by an entity
appointed by the board.
S. 140. An act relating to the municipal employees’ retirement system and
a separate retirement group for public safety officers.
Speaker’s Appointments
1999 Interim Study Committees
Livable Wage Rate Study Committee S. 139, Section 2
10 members: S House, 5 Senate
Rep. Dean Corren
Rep. John Follett
Rep. Connie Houston
Rep. Paul Poirier
Rep. Barbara Postman
1489
SATURDAY, MAY 15, 1999
Task Force on Tobacco Prevention, Cessation, and Control
H. 554, Section 274, 9 members: 2 House, 2 Senate,
+ state commissioners and appointees
Rep. Ann Seibert
Rep. Karen Kitzmiller
Joint Study Committee on Pharmacological Treatment Programs;
J.R.H. 40, 6 members: 1 House, 1 Senate, various medical and safety;
Rep. Malcolm Severance
Special Retirement Study Committee; H. 565
9 members: 4 House, 4 Senate, + State Treasurer or designee
Rep. Jerry Kreitzer
Rep. Mary-Ann Parizo
Rep. Donna Sweaney
Rep. Richard Westman
Study Committee on Truancy and Safe Learning; J.R.H. 124
6 members: 3 House, 3 Senate, (+2 subcommittees)
Rep. Patricia Doyle
Rep. Anne Ginevan
Rep. Alice Miller
Commission on Higher Education Funding; H.290
14 members: 2 House, 2 Senate, +10 education and state officials
Rep. Sally Fox
Rep. Val Vincent
Transportation Enhancement Advisory Committee; H. 537, Section 41v
11 members: 2 House, 2 Senate + state officials and municipal
representatives; ON-GOING COMMITTEE
Rep. David Deen
Rep. Michael Vinton
JOURNAL OF THE HOUSE
1490
Septic Technology Impact Study; S.144, Section 14
16 members: 2 House, 2 Senate, + up to 12 appointees by Governor;
Rep. William Aswad
Commission on Alzheimer ‘s Disease and Related Disorders;
Act 57, Section 1; 16 members: 1 House, 1 Senate, Commissioner of Aging
& Disabilities, +13; ON-GOING COMMISSION
Rep. Margaret Hummel
Act 250 Study Committee; H.R. 15
8 House, 8 meetings, report due 1/1 5/0 0
Rep. William Johnson
Rep. David Zuckerman
Rep. Mary Sullivan
Rep. Patricia Smith
Rep. Albert Perry
Rep. Philip Angell
Rep. Michael Quaid
Rep. Thomas Koch
Human resources Investment Council; H.290, Section 2
Permanent committee, add one additional House,
one additional Senate to roster
Rep. Kathleen Keenan
CERTIFICATE
I hereby certify that the foregoing is a true Journal of the proceedings of the
House of Representatives of the State of Vermont, for the first part of the sixtysixth biennial session, beginning the fifth day of January , A.D. 1999.