SENATE PROPOSAL OF AMENDMENT
2003
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Page 1
H.768
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF
GOVERNMENT
The Senate proposes to the House to amend the bill by striking out all after
the enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2005
Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of
state government during fiscal year 2005. It is the express intent of the
legislature that activities of the various agencies, departments, divisions,
boards, and commissions be limited to those which can be supported by funds
appropriated in this act or other acts passed prior to June 30, 2004. Agency
and department heads are directed to implement staffing and service levels at
the beginning of fiscal year 2005 so as to meet this condition unless otherwise
directed by specific language in this act.
Sec. 3. APPROPRIATIONS
(a) 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
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2003
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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 titles within this act may be
disregarded by the commissioner of finance and management.
(b) Unless codified or otherwise specified, all narrative portions of this act
apply only to the fiscal year ending June 30, 2005.
Sec. 4. TIME AVAILABLE
(a) The sums appropriated in this act, unless otherwise designated, shall be
available only during the fiscal year ending June 30, 2005. The balance of any
appropriations made in this act remaining unexpended and unencumbered at
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
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SENATE PROPOSAL OF AMENDMENT
2003
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raised by the issue of bonds may be expended.
Sec. 5. DEFINITIONS
(a) For the purposes of this act:
(1) “Encumbrances” means a portion of an appropriation reserved for
the subsequent payment of existing purchase orders or contracts. The
commissioner of finance and management shall make final decisions on the
appropriateness of encumbrances.
(2) “Grants” means subsidies, aid, or payments to local governments, to
community and quasi-public agencies for providing local services, and to
persons who are not wards of the state for services or supplies and cash or
other direct assistance, including pension contributions.
(3) “Operating expenses” means 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; and expenditures for the purchase of land,
construction of new buildings and permanent improvements, highway
construction and similar items.
(4) “Personal services” means wages and salaries, consulting services,
personnel benefits, personal injury benefits under 21 V.S.A. § 636, and similar
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SENATE PROPOSAL OF AMENDMENT
2003
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items.
Sec. 6. SOURCE OF FUNDS
(a) The appropriations made in this act are made for the fiscal year ending
June 30, 2005 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
385,524
58,878
444,402
Source of Funds
General fund
381,798
Transportation fund
49,704
Interdepartmental transfer
12,900
Total
444,402
Sec. 8. Information and innovation
Personal services
Operating expenses
Total
3,747,066
811,915
4,558,981
Source of Funds
Internal service funds
4,558,981
(a) The secretary of administration shall develop a process whereby the
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SENATE PROPOSAL OF AMENDMENT
2003
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department of information and innovation shall be consulted and shall issue a
written recommendation prior to any agency or department in the executive
branch of state government’s action to: (1) expend or contract for the
expenditure of an amount determined by the secretary of administration for
information systems technology; or (2) hire information technology staff. Said
recommendation shall be retained by the agency or department.
Sec. 9. Finance and management - financial operations
Personal services
2,033,673
Operating expenses
1,135,021
Total
3,168,694
Source of Funds
Internal service funds
3,168,694
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges of
$3,980,857.00 are hereby approved. Of this amount, $767,163.00 will be used
to support the HRMS system that is operated by the department of personnel.
Sec. 10. 32 V.S.A. § 307(e) is amended to read:
(e) The budget shall also include any proposed charges to be billed to
departmental budgets for payment to the financial management, workers’
compensation, and facilities operations internal service funds where the total of
such charges exceeds $1,000,000.00. The rates of any such. Such charges
shall be subject to legislative approval. The departments of finance and
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SENATE PROPOSAL OF AMENDMENT
2003
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management and buildings and general services shall include with their annual
budget submissions details of any such charges to be made projected by
department and the financial case for the proposed changes in charges for the
three internal services funds.
Sec. 11. Finance and management - budget and management
Personal services
870,222
Operating expenses
101,766
Total
971,988
Source of Funds
General fund
772,314
Transportation fund
110,428
Interdepartmental transfer
89,246
Total
971,988
(a) Notwithstanding 32 V.S.A § 588, the commissioner of finance and
management is encouraged to minimize the number of special funds that are
created in the statewide accounting system each fiscal year to eliminate any
redundancies with currently established special funds and to the extent
possible, consolidate overlapping funds.
(b) The commissioner shall report to the general assembly or the joint fiscal
committee if the general assembly is not in session on actions taken that do not
require legislative approval and shall make recommendations to the legislature
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SENATE PROPOSAL OF AMENDMENT
2003
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for statutory amendments to simplify fund administration.
Sec. 12. Personnel - operations
Personal services
1,489,050
Operating expenses
Total
296,200
1,785,250
Source of Funds
General fund
1,113,729
Transportation fund
342,921
Interdepartmental transfer
328,600
Total
1,785,250
Sec. 13. Personnel - HR workforce planning & employment services
Personal services
754,361
Operating expenses
302,850
Total
1,057,211
Source of Funds
General fund
634,000
Transportation fund
200,211
Special funds
223,000
Total
1,057,211
Sec. 14. Personnel - employee benefits & wellness
Personal services
1,329,731
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SENATE PROPOSAL OF AMENDMENT
2003
Operating expenses
Total
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237,870
1,567,601
Source of Funds
Internal service funds
1,567,601
Sec. 15. Personnel - information technology
Personal services
486,683
Operating expenses
280,480
Total
767,163
Source of Funds
Internal service funds
767,163
Sec. 16. Libraries
Personal services
1,908,066
Operating expenses
1,479,087
Grants
Total
45,000
3,432,153
Source of Funds
General fund
2,331,998
Special funds
195,483
Federal funds
752,672
Interdepartmental transfer
152,000
Total
3,432,153
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SENATE PROPOSAL OF AMENDMENT
2003
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Page 9
Sec. 17. Tax - administration/collection
Personal services
Operating expenses
Total
11,058,247
2,559,467
13,617,714
Source of Funds
General fund
12,651,812
Transportation fund
211,902
Special funds
574,000
Interdepartmental transfer
180,000
Total
13,617,714
Sec. 18. Buildings and general services - administration
Personal services
Operating expenses
Total
1,327,980
127,665
1,455,645
Source of Funds
Interdepartmental transfer
1,455,645
Sec. 18a. CLARENDON F.I.R.S.T.—ENVIRONMENTAL TESTING
EXPENSES
(a) The amount of $15,000.00 in general funds is appropriated to the
department of buildings and general services. The commissioner of buildings
and general services shall ensure that these funds are granted to the Clarendon
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SENATE PROPOSAL OF AMENDMENT
2003
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F.I.R.S.T organization as soon as administratively possible to support
environmental testing expenses.
Sec. 19. [Deleted]
Sec. 20. Buildings and general services - engineering
Personal services
Operating expenses
Total
1,836,763
403,666
2,240,429
Source of Funds
General fund
Transportation fund
Interdepartmental transfer
Total
2,013,413
152,016
75,000
2,240,429
Sec. 21. Buildings and general services - information centers
Personal services
2,805,473
Operating expenses
1,141,005
Grants
Total
350,000
4,296,478
Source of Funds
General fund
Transportation fund
Total
197,186
4,099,292
4,296,478
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 22. Buildings and general services - purchasing
Personal services
764,564
Operating expenses
259,591
Total
1,024,155
Source of Funds
General fund
762,555
Transportation fund
261,600
Total
1,024,155
Sec. 23. Buildings and general services - public records
Personal services
766,755
Operating expenses
460,809
Total
1,227,564
Source of Funds
General fund
Transportation fund
Special funds
Total
961,726
88,205
177,633
1,227,564
Sec. 24. Buildings and general services - postal services
Personal services
579,783
Operating expenses
141,803
Total
721,586
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SENATE PROPOSAL OF AMENDMENT
2003
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Source of Funds
General fund
39,135
Transportation fund
26,400
Internal service funds
Total
656,051
721,586
Sec. 25. Buildings and general services - copy center
Personal services
751,421
Operating expenses
457,602
Total
1,209,023
Source of Funds
Internal service funds
1,209,023
Sec. 26. Buildings and general services - supply center
Personal services
243,949
Operating expenses
196,641
Total
440,590
Source of Funds
Internal service funds
440,590
Sec. 27. Buildings and general services - federal surplus property
Personal services
60,254
Operating expenses
70,525
Total
130,779
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SENATE PROPOSAL OF AMENDMENT
2003
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Source of Funds
Enterprise funds
130,779
Sec. 28. Buildings and general services - state surplus property
Personal services
54,229
Operating expenses
67,342
Total
121,571
Source of Funds
Internal service funds
121,571
Sec. 29. Buildings and general services - property management
Personal services
Operating expenses
Total
928,056
3,304,043
4,232,099
Source of Funds
Internal service funds
4,232,099
Sec. 30. Buildings and general services - all other insurance
Personal services
58,529
Operating expenses
11,116
Total
69,645
Source of Funds
Internal service funds
69,645
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 31. Buildings and general services - general liability insurance
Personal services
704,745
Operating expenses
31,986
Total
736,731
Source of Funds
Internal service funds
736,731
Sec. 32. Buildings and general services - workers’ compensation insurance
Personal services
950,903
Operating expenses
132,611
Total
1,083,514
Source of Funds
Internal service funds
1,083,514
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges of
$9,565,000.00 are hereby approved.
Sec. 33. 29 V.S.A. § 1408(d) is amended to read:
(d) In subsequent years, the commissioner shall annually assess each
program participant an amount to be deposited in the state employees’
workers’ compensation fund. The commissioner may adjust the annual
assessment to assure that the debts and obligations of the program are
adequately funded. However, the annual assessment shall not be greater than
150 percent or less than 50 percent of the annual assessment for that program
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SENATE PROPOSAL OF AMENDMENT
2003
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participant for the preceding year.
Sec. 34. [Deleted]
Sec. 35. Buildings and general services - fee for space
Personal services
9,079,294
Operating expenses
9,018,740
Total
18,098,034
Source of Funds
Internal service funds
18,098,034
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges of
$18,445,000.00 are hereby approved.
(b) The commissioner of buildings and general services shall not seek
additional spending authority through the excess receipts process for
expenditures in the fee for space program. The commissioner shall report to
the general assembly or the joint fiscal committee when the general assembly
is not in session if the restriction of expenditures to the level appropriated in
this section shall result in a significant impact on the services provided in this
program.
Sec. 36. Sec. 35(a) of No. 66 of the Acts of 2003 is amended to read:
(a) Pursuant to 29 V.S.A. § 160a(b)(3), fee for space charges of
$16,934,155.00 are hereby approved. The commissioner of buildings and
general services shall cause any deficit in the fee for space internal service
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SENATE PROPOSAL OF AMENDMENT
2003
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fund at the end of fiscal year 2003 to be eliminated by the end of fiscal year
2014 through the aggressive management of expenditures and a surcharge on
fees beginning in fiscal year 2005 2006.
Sec. 37. Geographic information system
Grants
376,992
Source of Funds
Special funds
376,992
Sec. 38. Auditor of accounts
Personal services
Operating expenses
Total
1,844,953
109,150
1,954,103
Source of Funds
General fund
453,732
Transportation fund
58,845
Special funds
52,746
Internal service funds
Total
1,388,780
1,954,103
Sec. 39. State treasurer
Personal services
Operating expenses
2,380,971
322,205
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SENATE PROPOSAL OF AMENDMENT
2003
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Grants
75,000
Total
2,778,176
Source of Funds
General fund
833,409
Transportation fund
103,208
Special funds
1,378,559
Pension trust fund
400,500
Private purpose trust fund
62,500
Total
2,778,176
(a) The above appropriation includes $50,000.00 in general funds, which
shall be used for a grant to the firefighters survivors benefit expendable trust
fund.
(b) Of the above general fund appropriation, $25,000.00 shall be deposited
into the armed services scholarship fund established in H.258 of 2004.
Sec. 39a. 24 V.S.A. § 1698 is added to read:
§ 1698. MUNICIPAL PROJECTS SPECIAL FUND
(a) A municipal projects special fund is hereby established in the state
treasury for the purpose of assisting municipalities with archeological,
historical, and other special projects. Eligible projects may include
nontraditional needs such as:
(1) environmental testing due to unique local circumstances;
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SENATE PROPOSAL OF AMENDMENT
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(2) the protection, preservation, moving, or re-interring of human
remains discovered in unmarked burial sites; and
(3) other activities identified by the disbursement committee established
in subsection (c) of this section.
(b) The fund shall be comprised of any monies appropriated to the fund by
the general assembly or received from any other sources, public or private.
Interest earned by the fund and any balance remaining in the fund at the end of
a fiscal year shall be retained by the fund. The fund shall be managed in
accordance with chapter 7, subchapter 5 of Title 32.
(c) A disbursement committee is created consisting of the state treasurer,
the secretary of commerce and community development, and a representative
of the Vermont league of cities and towns appointed by its board of directors.
The committee shall adopt rules pursuant to chapter 25 of Title 3 regarding:
(1) how funds shall be disbursed to municipalities based on those rules
and for the purposes described in subsection (a) of this section; and
(2) how to involve parties interested in a specific funding request,
including the municipality and private property owners, in specific funding
decisions.
(d) In cases in which there are known or likely to be unmarked burial sites,
the process identified in section 5212b of Title 18 shall be followed.
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 39b. MUNICIPAL PROJECTS SPECIAL FUND APPROPRIATION
(a) There is appropriated $50,000.00 in general funds to the municipal
projects special fund created in Sec. 39a of this act.
Sec. 40. State treasurer - abandoned property
Personal services
262,922
Operating expenses
194,800
Total
457,722
Source of Funds
Private purpose trust fund
457,722
Sec. 41. Vermont state retirement system
Personal services
Operating expenses
Total
18,068,186
699,809
18,767,995
Source of Funds
Pension trust fund
18,767,995
Sec. 42. Municipal employees’ retirement system
Personal services
Operating expenses
Total
1,426,248
206,527
1,632,775
Source of Funds
Pension trust fund
1,632,775
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 43. State labor relations board
Personal services
Operating expenses
Total
147,387
34,740
182,127
Source of Funds
General fund
171,697
Transportation fund
4,560
Special funds
5,870
Total
182,127
Sec. 44. REVERSION TO GENERAL FUND
(a) Notwithstanding any other provision of law, $20,000.00 in general
funds appropriated in Sec. 42 of No. 66 of the Acts of 2003 to the state labor
relations board shall revert to the general fund in fiscal year 2005.
Sec. 45. Executive office - Governor’s office
Personal services
Operating expenses
Total
1,123,181
339,100
1,462,281
Source of Funds
General fund
Transportation fund
Special funds
1,141,866
156,230
3,185
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SENATE PROPOSAL OF AMENDMENT
2003
Interdepartmental transfer
Total
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161,000
1,462,281
Sec. 46. Executive office - national and community service
Personal services
175,347
Operating expenses
118,501
Grants
Total
1,443,340
1,737,188
Source of Funds
General fund
56,528
Federal funds
1,680,660
Total
1,737,188
Sec. 47. VOSHA review board
Personal services
Operating expenses
Total
31,350
8,844
40,194
Source of Funds
General fund
20,097
Federal funds
20,097
Total
40,194
Sec. 48. Use tax reimbursement fund - municipal current use
Grants
6,199,670
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2003
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Source of Funds
General fund
3,889,280
Transportation fund
2,310,390
Total
6,199,670
Sec. 48a. [Deleted]
Sec. 49. Lieutenant governor
Personal services
Operating expenses
Total
125,062
9,585
134,647
Source of Funds
General fund
Transportation fund
Total
115,517
19,130
134,647
Sec. 50. [Deleted]
Sec. 51. Legislature
Personal services
2,665,198
Operating expenses
1,967,116
Total
4,632,314
Source of Funds
General fund
3,935,297
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SENATE PROPOSAL OF AMENDMENT
2003
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Transportation fund
697,017
Total
4,632,314
Sec. 52. Legislative council
Personal services
1,575,895
Operating expenses
116,222
Total
1,692,117
Source of Funds
General fund
1,460,193
Transportation fund
231,924
Total
1,692,117
Sec. 52a. Legislative information technology
Personal services
226,325
Operating expenses
287,959
Total
514,284
Source of Funds
General fund
514,284
(a) Funds appropriated in this section for legislative information
technology shall be expended in fiscal year 2005 by the legislative council
with the recommendation of the ad hoc joint legislative oversight committee on
information technology and a staff oversight group consisting of the legislative
counsel, the fiscal officer, the sergeant at arms, the clerk of the house, and the
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SENATE PROPOSAL OF AMENDMENT
2003
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secretary of the senate. On or before January 15, 2005, the ad hoc joint
committee and the staff oversight group shall present to the house and senate
committees on appropriations and government operations a plan for the
oversight, management, and expenditure of funds for information technology
by the legislative branch for fiscal year 2006 and future fiscal years. As part of
this process, the legislative and staff oversight group shall develop job
descriptions for information technology employees, work plans, and specific
strategies to address the recommendations contained in the NCSL assessment
of the Vermont Legislative Information Technology System.
Sec. 53. Sergeant at arms
Personal services
Operating expenses
Total
449,154
47,662
496,816
Source of Funds
General fund
Transportation fund
Total
456,405
40,411
496,816
(a) The sergeant arms office shall submit to the joint rules committee a
summary of the security coverage plan for fiscal year 2005. Minimizing the
amount of overtime and duplicative coverage shall be a priority in
development of the plan. The summary submitted shall include the hours and
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SENATE PROPOSAL OF AMENDMENT
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number of persons for the hours of coverage proposed.
Sec. 54. Joint fiscal committee
Personal services
898,960
Operating expenses
Total
67,224
966,184
Source of Funds
General fund
831,789
Transportation fund
134,395
Total
966,184
Sec. 55. Lottery commission
Personal services
1,253,912
Operating expenses
1,053,902
Total
2,307,814
Source of Funds
Enterprise funds
2,307,814
(a) The lottery commission shall not reduce funding for the responsible
gambling program.
(b) Of the above appropriation, $40,000.00 shall be transferred to the
department of health, office of alcohol and drug abuse programs for the
gambling addiction program.
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SENATE PROPOSAL OF AMENDMENT
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Sec. 56. Payments in lieu of taxes
Grants
2,500,000
Source of Funds
General fund
800,000
Special funds
1,700,000
Total
2,500,000
(a) The above appropriation is for state payments in lieu of property taxes
under 32 V.S.A. chapter 123, subchapter 4, and the payments shall be
calculated in addition to, and without regard to, the appropriations for PILOT
for Montpelier and correctional facilities elsewhere in this act.
Sec. 57. Payments in lieu of taxes - Montpelier
Grants
184,000
Source of Funds
General fund
184,000
Sec. 58. Payments in lieu of taxes - correctional facilities
Grants
40,000
Source of Funds
General fund
Sec. 59. Total general government
40,000
117,581,399
Source of Funds
General fund
36,828,760
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SENATE PROPOSAL OF AMENDMENT
2003
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Transportation fund
9,298,789
Special funds
4,687,468
Federal funds
2,453,429
Enterprise funds
2,438,593
Internal service funds
38,098,477
Pension trust funds
20,801,270
Private purpose trust funds
Interdepartmental transfer
Total
520,222
2,454,391
117,581,399
Sec. 60. Protection to persons and property - Attorney general
Personal services
Operating expenses
Total
4,838,548
898,080
5,736,628
Source of Funds
General fund
Transportation fund
2,550,429
69,061
Special funds
1,014,901
Tobacco fund
290,000
Federal funds
573,500
Interdepartmental transfer
Total
1,238,737
5,736,628
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SENATE PROPOSAL OF AMENDMENT
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Sec. 60a. AMERICAN BOOKSELLER V. DEAN SETTLEMENT
(a) There is appropriated $210,000.00 from the general fund to the attorney
general for the costs of the negotiated settlement of the case of American
Booksellers v. Dean.
Sec. 61. Vermont court diversion
Grants
1,490,071
Source of Funds
General fund
947,238
Transportation fund
142,833
Special funds
400,000
Total
1,490,071
(a) Of the above general fund appropriation, $20,000.00 shall be granted to
the Windsor County diversion program.
Sec. 62. Center for crime victims services
Personal services
Operating expenses
Grants
Total
1,159,300
353,286
7,246,000
8,758,586
Source of Funds
General fund
963,878
Special funds
3,400,000
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SENATE PROPOSAL OF AMENDMENT
2003
Federal funds
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4,332,208
Interdepartmental transfer
Total
62,500
8,758,586
(a) The center shall convene a supervised visitation advisory board which
will consist of a representative from the department of social and rehabilitation
services, the agency of human services, the office of child support, the
Vermont network against domestic violence and sexual assault, and the center
for crime victims services. The advisory board will assist in the design of a
program evaluation for all supervised visitation programs in Vermont prior to
the allocation of fiscal year 2005 funding, make decisions regarding the
allocation of fiscal year 2005 funding to supervised visitation programs in
Vermont, and study and report to the general assembly on January 1, 2005
their recommendation as to the most appropriate state agency to provide
oversight and administer state funding for supervised visitation programs in
Vermont, and develop standards of service to ensure high quality services to
families utilizing supervised visitation programs in Vermont. Of the above
general fund appropriation, $10,000.00 shall be used for program evaluation of
the supervised visitation programs in Vermont.
(b) Of the above general fund appropriation, $100,000.00 shall be used for
grants to the supervised visitation programs pursuant to the recommendations
of the advisory board.
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(c) Of the above general fund appropriation, $75,000.00 shall be used for
grants to the four existing child advocacy centers. These funds shall be
distributed in accordance with a plan developed by the center for crime victims
services in collaboration with the child advocacy centers. The center for crime
victims services, the department of social and rehabilitation services, and the
agency of human service shall work collaboratively to make recommendations
for sustaining services provided by the four child advocacy centers.
Sec. 63. State’s attorneys
Personal services
7,600,224
Operating expenses
1,158,953
Total
8,759,177
Source of Funds
General fund
Transportation fund
6,665,235
366,373
Special funds
53,599
Federal funds
5,000
Interdepartmental transfer
Total
1,668,970
8,759,177
Sec. 64. Sheriffs
Personal services
2,615,882
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Operating expenses
312,166
Total
2,928,048
Source of Funds
General fund
2,362,344
Transportation fund
565,704
Total
2,928,048
(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.
(b) The state’s attorneys, sheriffs, defender general, judiciary, and
corrections departments shall implement the findings of the 2002 study of
prisoner transport with a goal to managing transport within current
appropriations. A report on the implementation of prisoner transport
recommendations shall be submitted to the general assembly on January 15,
2005.
Sec. 65. Defender general - public defense
Personal services
Operating expenses
Total
5,171,846
610,425
5,782,271
Source of Funds
General fund
4,724,854
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Transportation fund
489,388
Special funds
502,629
Federal funds
2,250
Interdepartmental transfer
Total
63,150
5,782,271
Sec. 66. Defender general - assigned counsel
Personal services
Operating expenses
Total
2,599,693
51,675
2,651,368
Source of Funds
General fund
2,312,130
Transportation fund
239,238
Special funds
100,000
Total
2,651,368
Sec. 67. Military - administration
Personal services
442,365
Operating expenses
199,963
Grants
143,683
Total
786,011
Source of Funds
General fund
786,011
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(a) Of the above appropriation, $200,000.00 shall be transferred to the
Vermont student assistance corporation for the national guard scholarship
program, which comprises $170,694.00 of the above appropriation and
$29,306.00 carry-forward fiscal year 2004 funds.
(b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not
exceed $200,000.00 in fiscal year 2005 nor shall commitments or obligations
be made for expenditure amounts above $200,000.00 in fiscal year 2006.
Sec. 68. Military - air service contract
Personal services
Operating expenses
Total
3,731,755
886,961
4,618,716
Source of Funds
General fund
344,459
Federal funds
4,274,257
Total
4,618,716
Sec. 69. Military - army service contract
Personal services
2,565,304
Operating expenses
8,176,700
Total
10,742,004
Source of Funds
General fund
115,581
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2003
Federal funds
Total
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10,626,423
10,742,004
Sec. 70. Military - building maintenance
Personal services
846,956
Operating expenses
415,444
Total
1,262,400
Source of Funds
General fund
1,262,400
Sec. 71. Military - veterans’ affairs
Personal services
Operating expenses
Grants
Total
181,015
70,000
126,165
377,180
Source of Funds
General fund
377,180
(a) Of the above appropriation, $15,000.00 shall be used for continuation of
the Vermont Medal Program, $14,000.00 shall be used to increase the funding
for the Needy Veterans’ Fund, $10,000.00 shall be used to provide assistance
to the survivors of casualties in the War on Terrorism, $10,000.00 shall be
used for the expenses of the Governor’s Veterans’ Advisory Council, and
$15,000.00 shall be used for the Veterans’ Day Parade.
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(b) Of the above appropriation, $5,000.00 shall be granted to the Vermont
state council of the Vietnam Veterans of America to fund the service officer
program. The council shall provide to the house and senate committees on
appropriations a report on the expenditure of these funds by January 15, 2005.
Sec. 72. Sec. 72b of No. 66 of the Acts of 2003 as amended by Sec. 16 of
H.585 of 2004 is further amended to read:
Sec. 72b. ONE-TIME APPROPRIATION; SURVIVORS OF CASUALTIES
OF WAR ON TERRORISM
(a) There is appropriated $13,500.00 in general funds to the military
department, division of veterans’ affairs, to be used to support Vermont
families related to military members killed who have died or been wounded
while serving in a combat theater of operations or traveling to and from the
combat theater. Combat theaters include but are not limited to Iraq and
Afghanistan. The military department and division of veterans’ affairs will
develop additional program guidelines as necessary to meet the intent of this
appropriation. Any funds remaining at the end of fiscal year 2004 shall carry
forward into fiscal year 2005 to be used as needed to continue this program.
***
Sec. 73. Labor and industry
Personal services
5,618,018
Operating expenses
1,325,500
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SENATE PROPOSAL OF AMENDMENT
2003
Grants
Total
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75,000
7,018,518
Source of Funds
General fund
913,722
Special funds
4,975,015
Federal funds
1,080,648
Interdepartmental transfer
Total
49,133
7,018,518
Sec. 74. Criminal justice training council
Personal services
719,955
Operating expenses
730,204
Total
1,450,159
Source of Funds
General fund
647,358
Transportation fund
279,677
Special funds
464,724
Interdepartmental transfer
Total
58,400
1,450,159
Sec. 75. Liquor control - enforcement and licensing
Personal services
1,483,036
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Operating expenses
195,633
Total
1,678,669
Source of Funds
Tobacco fund
290,000
Enterprise funds
1,388,669
Total
1,678,669
(a) The department of liquor control shall conduct compliance tests of
tobacco licensees to assure consistent statewide compliance with the
prohibition on the sales to minors of at least 90 percent for 16- or 17-year-old
buyers. An individual under the age of 18 participating in a compliance test
shall not be in violation of 7 V.S.A. § 1005.
(b) The department shall not implement a "shoulder tap" program without
the consent of the general assembly or the joint fiscal committee when the
general assembly is not in session.
Sec. 76. Liquor control - administration
Personal services
Operating expenses
Total
1,845,481
529,830
2,375,311
Source of Funds
Enterprise funds
2,375,311
(a) Beginning with fiscal year 2006, the administration shall submit the
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department of liquor control’s budget to the general assembly with the function
of warehousing and distribution broken out as a separate appropriation section
within the omnibus appropriations bill.
Sec. 76a. STUDY OF CONTRACTING FOR CERTAIN DEPARTMENT OF
LIQUOR CONTROL FUNCTIONS
(a) The secretary of administration shall determine whether contracting for
the importation, transportation, warehousing, and wholesale distribution of
liquor is projected to result in overall cost savings to the state.
(b) The secretary of administration may employ a consultant to conduct a
study of the liquor importation, transportation, warehousing, and wholesale
distribution functions of the department of liquor control.
(c) In order to conduct the study, the secretary of administration and any
contractor conducting the study on behalf of the secretary shall receive the full
cooperation of the department of liquor control and its personnel. All records
of the department of liquor control the secretary deems necessary to complete
the study shall be made available to the secretary and the contractor.
(d) Any contract entered into pursuant to the provisions of this section shall
be paid for from the revenues of the department of liquor control.
(e) The secretary of administration shall report the results of this study to
the general assembly by January 15, 2005.
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Sec. 77. Vermont racing commission
Personal services
2,076
Operating expenses
2,924
Total
5,000
Source of Funds
General fund
5,000
Sec. 78. Secretary of state
Personal services
3,214,056
Operating expenses
2,151,149
Total
5,365,205
Source of Funds
General fund
928,352
Special funds
3,542,965
Federal funds
818,888
Interdepartmental transfer
Total
75,000
5,365,205
(a) The corporation division of the secretary of state’s office represents
$438,903.00 of the above special fund appropriation, and these funds shall be
from the securities regulation and supervision fund in accordance with
9 V.S.A. § 4230(b).
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Sec. 78a. 24 V.S.A. chapter 135 is added to read:
CHAPTER 135. VERMONT MUNICIPAL
LAND RECORDS COMMISSION
§ 5401. STATEMENT OF PURPOSE
Municipal land records are of vital importance to the economy and history
of Vermont. This chapter establishes a municipal land records commission to
address the significant long-term and systemic managerial issues associated
with these documents, including a study to determine whether paper
documents should be stored and available in an electronic format.
§ 5402. DEFINITIONS
As used in this chapter:
(1) “Commission” means the Vermont municipal land records
commission created in section 5403 of this title.
(2) “Municipal” means a city, town, unorganized town, incorporated
village, or gore.
(3) “Municipal land record” means a document required to establish
marketable title and which is filed or recorded in the records of a municipality,
including all documents filed or recorded pursuant to section 1154 of this title.
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§ 5403. MUNICIPAL LAND RECORDS COMMISSION; CREATION AND
COMPOSITION
(a) There is created the Vermont municipal land records commission which
shall be attached to the office of the secretary of state for administrative
purposes and whose appointed members shall serve for three-year terms,
except for initial terms as provided for in subsection (b) of this section.
(b) The commission shall consist of the state archivist, the commissioner of
buildings and general services, and the commissioner of innovation and
information, or their designees. In addition, the governor shall appoint three
municipal clerks, with one representing municipalities with a population of
greater than 10,000 residents for an initial term of two years, one representing
municipalities with a population of greater than 3,000 residents but fewer than
10,000 residents for an initial term of three years, and one representing
municipalities with a population of fewer than 3,000 residents for an initial
term of four years; one licensed land surveyor to be recommended by the
Vermont Society of Land Surveyors for an initial term of three years; two
licensed attorneys to be recommended by the Vermont Bar Association, one of
whom shall be familiar with real estate title practices for an initial term of two
years and one of whom shall be a representative of the title insurance industry
for an initial term of four years; one paralegal to be recommended by the
Vermont Paralegal Organization for an initial term of three years; one
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municipal zoning administrator to be recommended by the Vermont League of
Cities and Towns for an initial term of three years; one municipal legislator or
chief municipal administrative officer to be recommended by the Vermont
League of Cities and Towns for a term of two years; one banker jointly
recommended by the Vermont Bankers Association and the Vermont Mortgage
Bankers Association for an initial term of four years; one lister or assessor to
be recommended by the Vermont Association of Listers and Assessors for an
initial term of four years; and one licensed real estate broker to be
recommended by the Vermont Association of Realtors for a term of two years.
(c) The designated organizations shall submit their recommendations for
commission members to the governor on or before July 31, 2004, and the
governor shall appoint the members of the commission by September 15, 2004.
In appointing individuals to this commission, the governor shall seek
geographic diversity.
(d) The state archivist shall convene the first commission meeting no later
than November 1, 2004, at which meeting the commission shall designate a
chair and vice chair. The governor shall designate a chair and vice chair if the
commission has failed to so designate by the 30th day following its first
meeting.
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(e) The members of the commission who are not employees of the state of
Vermont shall be entitled to per diem compensation as provided in section
1010 of Title 32.
Sec. 78b. 32 V.S.A. § 1010(a) is amended to read:
§ 1010. MEMBERS OF CERTAIN BOARDS
(a) Except for those members serving ex officio or otherwise regularly
employed by the state, the compensation of the members of the following
boards shall be $50.00 per diem:
***
(30) Community high school of Vermont board
(31) Municipal land records commission.
Sec. 78c. VERMONT MUNICIPAL LAND RECORDS COMMISSION;
REPORT
(a) On or before January 15, 2006, the Vermont municipal land records
commission shall submit a report to the general assembly that:
(1) Proposes standards for formatting, filing, recording, and preserving
municipal land records.
(2) Proposes a uniform system of indexing municipal land records
which may include the use of numerical identifiers.
(3) Proposes continuing education requirements for municipal officials
and corresponding compliance requirements for municipalities.
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(4) Proposes incentives for municipal officials and municipalities to
improve all aspects of managing and preserving municipal records.
(5) Proposes a system for financing all facets of municipal land records
management on a sustainable basis.
(6) Analyzes the prerequisites for a municipality to digitalize its land
records and examines the related administrative and public policy issues.
(7) Analyzes the need for any future oversight of the recommended
uniform standards.
(8) Analyzes how to balance the conflicting public policy objectives of
protecting personal privacy and providing public access to municipal land
records.
(9) Analyzes any other administrative or public policy issues related to
the uniformity and modernization of municipal land records which the
commission may decide to address.
(b) In making its report on January 15, 2006, and in conducting its study
thereafter, the commission shall take into consideration the results of the
ongoing pilot project in the five municipalities that were authorized by H. 767,
the 2004 Capital Construction Bill.
Sec. 78d. AVAILABILITY OF FUNDS
(a) Any amount remaining at the end of fiscal year 2004 in the
appropriation made to the study committee on municipal records in Sec. 49b(e)
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of No. 66 of the Acts of 2003 shall be transferred to the office of the secretary
of state and made available for the use of the Vermont municipal land records
commission during fiscal years 2005 and 2006.
Sec. 78e. APPROPRIATION
(a) The amount of $30,000.00 of the funds appropriated to the office of the
secretary of state in Sec. 78 of this act shall be allocated to the Vermont
municipal land records commission for administrative and research services,
including the hiring of staff or consultants. Any funds remaining at the end of
fiscal year 2005 shall carry forward into fiscal year 2006.
Sec. 78f. REPEAL
(a) Secs. 78a (24 V.S.A. chapter 135) and 78b (32 V.S.A. § 1010(a)(31)) of
this act are repealed as of August 31, 2010.
Sec. 78g. 3 V.S.A. § 123(h) is added to read:
(h) Classified state employees who are employed as investigators who have
successfully completed a course of training under chapter 151 of Title 20 shall
have the same powers as sheriffs in criminal matters and the enforcement of
the law and in serving criminal process, and shall have all the immunities and
matters of defense now available or hereafter made available to sheriffs in a
suit brought against them in consequence for acts done in the course of their
employment.
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Sec. 79. Banking, insurance, securities, and health care administration banking
Personal services
1,113,087
Operating expenses
269,540
Total
1,382,627
Source of Funds
Special funds
1,382,627
(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2005, the
commissioner of banking, insurance, securities, and health care administration
may transfer up to $200,000.00 from the securities regulation and supervision
fund to the banking supervision fund established in 8 V.S.A. § 19(f).
Sec. 80. Banking, insurance, securities, and health care administration insurance
Personal services
Operating expenses
Total
2,902,648
599,500
3,502,148
Source of Funds
Special funds
3,502,148
Sec. 81. Banking, insurance, securities, and health care administration captive
Personal services
2,252,239
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Operating expenses
Total
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384,850
2,637,089
Source of Funds
Special funds
2,637,089
Sec. 82. Banking, insurance, securities, and health care administration securities
Personal services
574,363
Operating expenses
131,110
Total
705,473
Source of Funds
Special funds
705,473
Sec. 83. Banking, insurance, securities, and health care administration - health
care administration
Personal services
Operating expenses
Total
2,799,546
374,902
3,174,448
Source of Funds
General fund
466,993
Special funds
2,707,455
Total
3,174,448
(a) The commissioner of banking, insurance, securities, and health care
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administration and the commissioner of health, in issuing a license to a hospital
or approving a hospital budget, shall ensure the applicant hospital has rules and
procedures in place to protect patient privacy particularly in regard to the
transcription of medical records that are performed through contracts where the
contractor is based outside Vermont.
Sec. 84. Banking, insurance, securities, and health care administration administration
Personal services
Operating expenses
Total
806,688
87,200
893,888
Source of Funds
General fund
10,000
Special funds
883,888
Total
893,888
Sec. 85. Public safety - state police
Personal services
37,235,943
Operating expenses
8,417,381
Grants
4,701,100
Total
50,354,424
Source of Funds
General fund
17,286,008
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SENATE PROPOSAL OF AMENDMENT
2003
Transportation fund
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18,343,865
Special funds
3,653,090
Federal funds
10,422,548
Interdepartmental transfer
Total
648,913
50,354,424
(a) The department of public safety shall provide business manager
services for the Vermont criminal justice training council and for the Vermont
fire service training council.
(b) Of the above appropriation, $35,000.00 in special funds shall be
available for snowmobile law enforcement activities and $35,000.00 in general
funds shall be available to the southern Vermont wilderness search and rescue
team, which comprises state police, the department of fish and wildlife, county
sheriffs, and local law enforcement personnel in Bennington, Windham and
Windsor counties for snowmobile enforcement.
(c) The department of public safety shall include with its annual budget
materials program specific profiles. These profiles shall include revenues,
expenditures for departmental activities, including but not limited to homeland
security, the governor’s highway safety program, the crime lab, and
department administration.
(d) The appropriation above includes a projected amount of $2,703,450.00
for overtime expenses. The department is directed to make every effort to
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manage its human resources during the fiscal year within this projection for
overtime expenditures.
(e) It is the intent of the general assembly that by the end of fiscal year
2005, the state police shall fill ten (10) of the vacant trooper positions that were
held open due to budgetary pressure in fiscal year 2004.
Sec. 85a. COMMUNITY DRUG INVESTIGATION PROGRAM
(a) Of the $230,000.00 allocated for local heroin interdiction grants funded
in Sec. 85 of this act, $190,000.00 shall be used by the Vermont drug task
force to fund three (3) town task force officers. These town task force officers
will be dedicated to heroin, heroin-related drugs, i.e. methadone and oxycontin,
crack cocaine, and methamphetamine enforcement efforts. Any unexpended
funds from prior fiscal years shall be carried forward.
(b) The remaining $40,000.00, shall remain as a “pool” of money available
to local and county law enforcement to fund overtime costs associated with
heroin, heroin-related drugs, i.e. methadone and oxycontin, crack cocaine, and
methamphetamine investigations. Any unexpended funds from prior fiscal
years shall be carried forward.
Sec. 86. Public safety - criminal justice services
Personal services
5,921,690
Operating expenses
2,677,050
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Grants
2,543,500
Total
11,142,240
Source of Funds
General fund
95,000
Transportation fund
4,032,621
Special funds
1,241,307
Federal funds
5,196,212
Interdepartmental transfer
577,100
Total
11,142,240
(a) The commissioner of buildings and general services and the
commissioner of public safety shall collaborate to provide a plan for
completion of a new public safety forensics laboratory not later than fiscal year
2008. This plan is to be provided to the general assembly by January 15, 2005.
(b) The commissioner of public safety shall request additional funding
when necessary to assure continued forensics laboratory accreditation pending
completion of the proposed new laboratory facility.
Sec. 86a. 20 V.S.A. § 2055 is amended to read
§ 2055. FILES
(a) The director of the center shall maintain such files as are necessary
relating to the commission of crimes, arrests, convictions, disposition of
criminal causes, probation, parole, fugitives from justice, missing persons,
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fingerprints, photographs, stolen property and such matters as the
commissioner deems relevant.
(b) The director shall maintain criminal records pursuant to this chapter
regardless of whether the record is fingerprint supported. Any “no print, no
record” rule or policy of the center shall be void.
Sec. 87. Public safety - emergency management
Personal services
1,479,294
Operating expenses
701,700
Grants
799,487
Total
2,980,481
Source of Funds
Transportation fund
63,969
Special funds
1,192,211
Federal funds
1,721,800
Interdepartmental transfer
2,501
Total
2,980,481
(a) In fiscal year 2005, the division of emergency management in
collaboration with the state agencies, the management of the nuclear power
plant, and the selectboards of the municipalities in the emergency planning
zone shall develop the budget for expenditures from the radiological
emergency response plan fund for fiscal year 2006 following the provisions of
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20 V.S.A. § 38(a). From the fund, each town within the emergency planning
zone shall receive an annual base grant of no less than $5,000.00 for
radiological emergency response related expenditures. Any town within the
emergency planning zone may also apply for a grant from the fund for
expenditures made by the town for this purpose in excess of $5,000.00 in any
year.
(b) Of the above special fund appropriation, up to $30,000.00 shall be
granted to WTSA radio for the emergency alert system.
(c) Notwithstanding 20 V.S.A. § 38(a)(5), for that portion of the emergency
response plan fund budget for fiscal year 2005 that is approved by the general
assembly for support of local community emergency planning zone activities,
the commissioner of finance and management is authorized to arrange for
payment by Entergy Nuclear Vermont Yankee, LLC directly to the Vermont
towns and other Vermont regional and local entities in the emergency planning
zone entitled to receive funds for expenditures as budgeted in subsection (a) of
this section, and WTSA radio. These and all other authorized radiological
emergency response plan budget expenditures will continue to be accounted
for to the radiological emergency response plan fund manager and included in
the annual report.
(d) The director of emergency management shall determine the feasibility
of reducing the amount of state personal services and operating expenses
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needed to support the radiological emergency response plan by utilizing
available personnel and material resources from within the emergency
planning zone area.
(e) Of the total general fund appropriation for the department of public
safety, personal services, $31,995.00 shall be used to fund the emergency
management administrative assistant position.
Sec. 87a. [Deleted]
Sec. 87b. VERMONT MEDICAL RESERVE CORPS
(a) Volunteers as defined in 3 V.S.A. § 1101 and 20 V.S.A. § 2, engaged in
emergency management duties of the Vermont medical reserve corps, shall be
considered employees of the state within the scope of 21 V.S.A. §§ 601
through 710 and 21 V.S.A. § 5606.
Sec. 88. Agriculture, food and markets - administration
Personal services
783,330
Operating expenses
387,059
Grants
313,404
Total
1,483,793
Source of Funds
General fund
1,337,322
Special funds
65,316
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Federal funds
24,542
Interdepartmental transfer
56,613
Total
1,483,793
Sec. 89. Agriculture, food and markets - food safety and consumer assurance
Personal services
Operating expenses
Grants
Total
1,989,605
289,441
2,901,492
5,180,538
Source of Funds
General fund
Transportation fund
1,328,083
38,553
Special funds
3,151,781
Federal funds
655,121
Interdepartmental transfer
Total
7,000
5,180,538
Sec. 90. Agriculture, food and markets - agriculture development
Personal services
626,627
Operating expenses
600,633
Grants
Total
1,034,421
2,261,681
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Source of Funds
General fund
558,266
Special funds
1,507,415
Federal funds
196,000
Total
2,261,681
Sec. 91. Agriculture, food and markets - plant industry and labs
Personal services
2,401,202
Operating expenses
563,184
Grants
415,000
Total
3,379,386
Source of Funds
General fund
533,053
Special funds
2,045,138
Federal funds
564,651
Interdepartmental transfer
236,544
Total
3,379,386
(a) Notwithstanding 6 V.S.A. § 929, in fiscal year 2005, $500,000.00 of the
special pesticide monitoring revolving fund is included in the above
appropriation and may be used to fund fiscal year 2005 agency of agriculture,
food and markets personal services and operating costs related to the clean and
clear statewide action plan.
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(b) Notwithstanding 6 V.S.A. § 364(e), in fiscal year 2005, $250,000.00 of
the feeds, seeds, and fertilizer special fund is included in the above
appropriation and may be used to fund fiscal year 2005 agency of agriculture,
food and markets personal services and operating costs related to the clean and
clear statewide action plan.
(c) The general assembly understands that activities including establishing
positions as part of the clean and clear initiative within the agency of
agriculture, foods and markets, funded in fiscal year 2005 with pesticide
monitoring revolving funds and feeds, seeds, and fertilizer special funds, will
not be able to be fully supported with these sources of funds in future years. In
subsequent years, the agency shall identify alternate funding sources to support
these activities and positions that do not have a negative impact on the general
fund.
Sec. 92. Agriculture, food and markets - state stipend
Grants
175,000
Source of Funds
General fund
175,000
Sec. 93. STATE FAIR CAPITAL PROJECTS; ONE-TIME
APPROPRIATIONS
(a) The sum of $50,000.00 in general funds is appropriated to the agency of
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SENATE PROPOSAL OF AMENDMENT
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agriculture, food and markets and shall be used for a competitive grants
program for state fair capital projects. No single entity shall be awarded more
than ten percent of this appropriation.
Sec. 94. Agriculture, food and markets - mosquito control
Personal services
20,000
Operating expenses
70,000
Total
90,000
Source of Funds
Special funds
90,000
Sec. 95. Public service - regulation and energy
Personal services
4,514,560
Operating expenses
639,201
Grants
450,000
Total
5,603,761
Source of Funds
Special funds
4,598,761
Federal funds
980,000
Interdepartmental transfer
Total
25,000
5,603,761
Sec. 96. Public service - purchase and sale of power
Personal services
10,000
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SENATE PROPOSAL OF AMENDMENT
2003
Operating expenses
Total
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2,215
12,215
Source of Funds
Special funds
12,215
Sec. 97. Enhanced 9-1-1 Board
Personal services
Operating expenses
Total
1,960,337
457,251
2,417,588
Source of Funds
Special funds
2,417,588
Sec. 98. Public service board
Personal services
Operating expenses
Total
2,304,677
320,000
2,624,677
Source of Funds
Special funds
2,624,677
Sec. 99. Judiciary
Personal services
Operating expenses
Total
22,903,174
5,924,728
28,827,902
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2003
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Source of Funds
General fund
Transportation fund
22,953,570
3,004,507
Special funds
470,118
Tobacco fund
40,000
Federal funds
305,458
Interdepartmental transfer
Total
2,054,249
28,827,902
(a) To the extent that the judiciary allocates additional resources to reduce
the criminal case backlog, those resources shall first be directed at Windham
and Bennington counties in fiscal year 2005.
(b) The judiciary shall examine and implement appropriate and effective
procedures to review the bail of persons on weekends in an effort to reduce the
number of persons incarcerated for lack of bail pending arraignment. The
judiciary shall report to the joint corrections oversight committee in November
2004 on the implementation and effectiveness of this program during fiscal
year 2005.
(c) The establishment of one (1) new exempt position – Drug Court
Coordinator – is authorized in fiscal year 2005.
Sec. 99a. 4 V.S.A. § 25(c) is amended to read:
(c) The supreme court may allow supreme court justices, superior court
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judges, district court judges, environmental court judges, magistrates, hearing
officers, probate court judges, superior court clerks, or any state compensated
employees of the judicial branch not covered by a collective bargaining
agreement to take an administrative leave of absence without pay or with pay if
the person is called to active duty in support of an extended national or state
military operation. These judicial officers and state employees shall be entitled
to be compensated in the same manner as judicial branch employees covered
by a collective bargaining agreement called to active duty. The court
administrator, at the direction of the supreme court, shall include provisions in
the personnel rules of the judiciary to administer these leaves of absence.
Sec. 100. 4 V.S.A. § 25(b) is amended to read:
(b) The supreme court is authorized to pay on an hourly basis all persons
whose compensation is established by 32 V.S.A. §§ 1010, 1141, 1511, 1551
and 1592 and 4 V.S.A. §§ 23, 75, and 356. The supreme court shall pay all
persons whose compensation is established by 32 V.S.A. § 1141 on the basis
of a half day minimum and hourly thereafter.
Sec. 101. [Deleted]
Sec. 102. Human rights commission
Personal services
Operating expenses
Total
352,103
75,350
427,453
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Source of Funds
General fund
273,225
Special funds
1
Federal funds
154,227
Total
427,453
Sec. 103. Fire service training council
Personal services
705,933
Operating expenses
504,768
Grants
Total
48,000
1,258,701
Source of Funds
General fund
Transportation fund
464,860
80,320
Special funds
438,521
Federal funds
105,000
Interdepartmental transfer
170,000
Total
1,258,701
(a) Of the above general fund appropriation, $48,000.00 shall be granted to
the Vermont rural fire protection task force for the purpose of designing dry
hydrants.
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Sec. 104. Total protection to persons and property
202,273,796
Source of Funds
General fund
71,360,512
Transportation fund
27,716,109
Special funds
49,780,652
Tobacco fund
620,000
Federal funds
42,038,733
Enterprise funds
3,763,980
Interdepartmental transfer
6,993,810
Total
202,273,796
Sec. 105. Human services - agency of human services - secretary’s office
Personal services
3,082,913
Operating expenses
1,062,309
Grants
Total
11,225,355
15,370,577
Source of Funds
General fund
5,768,965
Tobacco fund
1,347,880
Federal funds
7,126,232
Interdepartmental transfer
1,127,500
Total
15,370,577
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SENATE PROPOSAL OF AMENDMENT
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(a) Notwithstanding any other provisions of law, workers employed by
persons who receive assistance from the agency of human services to procure
attendant, personal care, or respite services or who utilize a qualified
intermediary service organization providing services on behalf of the state
shall not be considered state employees, except for purposes of 21 V.S.A.
chapter 17.
(b) Notwithstanding any other provisions of law, the state may provide
workers’ compensation coverage to workers employed by persons who receive
assistance from the agency of human services to procure attendant, personal
care, or respite services, and the state shall not be considered their employer.
The state may also either permit a qualified intermediary service organization
to purchase group insurance policies for persons served by their organization
or deem such persons to be members of an association and eligible for selfinsurance under 21 V.S.A. § 687a for purposes of providing workers’
compensation. This provision is intended solely to reduce costs of providing
workers’ compensation and shall not be considered for any other purpose.
(c) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds
allocated for the “high risk pool” and costs related to juvenile justice as
outlined in this section.
(d) Of the above tobacco fund appropriation, $49,000.00 shall be used to
provide a grant to the project against violent encounters for a statewide
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program for substance abuse prevention and mentoring program for youth.
(e) Of the above tobacco fund appropriation, $100,000.00 shall be used for
a grant to Lamoille County people in partnership for wrap-around services for
at-risk youth.
(f) Of the above tobacco fund appropriation, $100,000.00 with any
corresponding federal matching funds shall be for comprehensive treatment
services and $25,000.00 for safe housing provisions for at-risk youth.
(g) Of the above general fund appropriation, $30,000.00 shall be granted to
Prevent Child Abuse Vermont for a comprehensive health education and
violence prevention curriculum for seventh and eighth grade students.
(h) Of the above general fund appropriation, $8,000.00 shall be granted to
the Vermont council of girl scouts, of which $5,000.00 shall be used to support
a girl scout special project to assist girls with incarcerated mothers and
$3,000.00 shall be used to support a school vacation program.
(i) Of the above appropriation, a total of $3,759,852.00 consisting of
$1,650,341.00 in general funds, $783,880.00 in tobacco funds, and
$1,325,631.00 in federal funds shall be used for the comprehensive substance
abuse prevention and treatment component of the drug education treatment
enforcement and rehabilitation program (DETER).
(1) The amount of $1,269,500.00, of which $744,243.00 is from general
and tobacco funds, shall be used to support the outpatient treatment, case
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SENATE PROPOSAL OF AMENDMENT
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management and drug court component of the plan. Of the general and
tobacco funds, $144,367.00 shall be allocated to the Rutland County drug court
and shall be reserved to provide appropriate drug testing, case management,
and other outpatient and inpatient treatment consistent with the design of the
Rutland County drug court. These are the state funds the agency of human
services shall use as match for year two federal funds from the 2003
Department of Justice Drug Court Implementation Grant award.
(2) The amount of $196,200.00, of which $141,133.00 is from general
funds, shall be used to fund student assistance counselors.
(3) The amount of $852,633.00, of which $562,101.00 is from general
and tobacco funds, shall be used for residential treatment programs, including
transitional halfway house programs, including the Serenity House program.
(4) The amount of $292,500.00, of which $280,000.00 is from tobacco
funds, shall be used for recovery programs. These funds shall be used to
provide grants as follows: $40,000.00 each to the recovery programs in
Springfield and St. Johnsbury; $35,000.00 each to the programs in White River
Junction, Rutland, Colchester, Bennington, and Barre; and $25,000.00 shall be
available for development, assistance, and evaluation grants to recovery
centers.
(5) The amount of $1,065,864.00, of which $623,589.00 is from general
and tobacco funds, shall be used for opiate treatment programs, including
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SENATE PROPOSAL OF AMENDMENT
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buprenorphine and methadone and treatment for pregnant and postpartum
women.
(6) The amount of $83,155.00 from tobacco funds shall be used for
three community prevention grants.
Sec. 105a. 33 V.S.A. § 5517(e) is added to read:
(e) Notwithstanding laws to the contrary in this chapter, a petition may be
filed pursuant to subsections (a) and (c) of this section alleging that a 16- to
17.5-year-old youth who is not in the custody of the state is a child in need of
care or supervision under subdivision 5502(a)(12)(C) of this title when the
child is at high risk of serious harm to himself or herself or others due to
problems such as substance abuse, prostitution, or homelessness, and whose
needs transcend any one department of the agency of human services and
require complicated clinical interventions from multiple organizations. The
report required by subsection (c) of this section shall set forth facts supporting
the specific requirements of this section and that it is in the best interests of the
child to be considered as a child in need of care or supervision. If the court
finds all of the allegations set forth in the report have been established, it shall
find the child is a child in need of care or supervision. All proceedings
initiated pursuant to this section shall be conducted in accordance with the
requirements of this chapter. Services to the child and his or her family shall
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SENATE PROPOSAL OF AMENDMENT
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be provided through a coordinated effort by the agency of human services, the
department of education, and community-based interagency teams.
Sec. 105b. AGENCY OF HUMAN SERVICES; REORGANIZATION
(a) Notwithstanding No. 45 of the Acts if 2003, the secretary of the agency
of human services shall adjust appropriations in a manner consistent with the
plan approved by both the reorganization oversight committee and the joint
fiscal committee. Adjustments shall not be made until approval is granted.
Sec. 106. 33 V.S.A. § 5562 is added to read:
§ 5562. JUVENILE JUSTICE DIRECTOR
(a) The governor shall appoint a juvenile justice director, reporting directly
to the secretary of the agency of human services, who shall have the
responsibility and authority to monitor and coordinate all state and
participating regional and local programs that deal with juvenile justice issues,
including prevention, education, enforcement, adjudication, and rehabilitation.
(b) The juvenile justice director shall ensure that the following occur:
(1) Development of a comprehensive plan for a coordinated and
sustained statewide program to reduce the number of juvenile offenders,
involving state, regional, and local officials in the areas of health, education,
prevention, law enforcement, corrections, teen activities, and community
wellness.
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SENATE PROPOSAL OF AMENDMENT
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(2) Cooperation among state, regional, and local officials, court
personnel, service providers, and law enforcement agencies in the formulation
and execution of a coordinated statewide juvenile justice program.
(3) Cooperation among appropriate departments, including the
departments of education, corrections, social and rehabilitation services,
employment and training, developmental and mental health services, and
public safety, and the office of alcohol and drug abuse programs.
(4) Study of issues relating to juvenile justice and development of
recommendations regarding changes in law and rules, as deemed advisable.
(5) Compilation of data on issues relating to juvenile justice and
analysis, study, and organization of such data for use by educators, researchers,
policy advocates, administrators, legislators, and the governor.
Sec. 107. Rate setting
Personal services
Operating expenses
Total
628,088
66,803
694,891
Source of Funds
Interdepartmental transfer
694,891
Sec. 108. Human services board
Personal services
Operating expenses
269,238
32,226
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SENATE PROPOSAL OF AMENDMENT
2003
Total
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301,464
Source of Funds
General fund
121,082
Federal funds
128,129
Interdepartmental transfer
Total
52,253
301,464
Sec. 109. Developmental disabilities council
Personal services
Operating expenses
Grants
Total
122,521
39,600
321,000
483,121
Source of Funds
Federal funds
483,121
(a) The executive director of the developmental disabilities council shall be
an exempt position.
Sec. 110. Office of child support services
Personal services
7,649,310
Operating expenses
2,790,782
Total
10,440,092
Source of Funds
General fund
1,370,517
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SENATE PROPOSAL OF AMENDMENT
2003
Special funds
Federal funds
Interdepartmental transfer
Total
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454,125
8,508,350
107,100
10,440,092
Sec. 111. Health - administration and support
Personal services
4,149,049
Operating expenses
1,011,452
Total
5,160,501
Source of Funds
General fund
1,072,540
Special funds
21,951
Federal funds
4,066,010
Total
5,160,501
Sec. 112. Health - health protection
Personal services
3,235,360
Operating expenses
650,861
Grants
406,340
Total
4,292,561
Source of Funds
General fund
1,213,228
Special funds
1,122,900
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SENATE PROPOSAL OF AMENDMENT
2003
Federal funds
Interdepartmental transfer
Total
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1,509,317
447,116
4,292,561
Sec. 113. Health - health surveillance
Personal services
6,827,697
Operating expenses
1,887,908
Grants
2,714,100
Total
11,429,705
Source of Funds
General fund
3,680,018
Special funds
1,072,850
Federal funds
6,546,652
Permanent trust
Interdepartmental transfer
Total
2,300
127,885
11,429,705
(a) Of the above general fund appropriation, $250,000.00 and at least
$50,000.00 in federal funds shall be appropriated to the Vermont AIDS service
organizations for client-based support services. The grants in this section shall
be awarded equitably on a per-client basis and shall be used for services only,
not administrative or other purposes. The method by which AIDS service
organizations’ clients are counted shall be determined by mutual agreement of
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the department of health, the AIDS service organizations, and the HIV/AIDS
service advisory council (HASAC).
(b) Of the above federal fund appropriation, the Ryan White Title II federal
service funds shall be used for direct client-based support services, including
services that assist people living with HIV/AIDS to access medical care. The
department shall follow federal guidelines and shall be advised by the HASAC
for the purpose of prioritization of the use of these funds. Criteria shall be
developed by the department, in collaboration with the HASAC, to govern
situations when the department may select providers outside the existing AIDS
service organizations network to receive part of these Ryan White Title II
funds.
(c) Of the above general fund appropriation, $175,000.00 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.
(d) The secretary of human services shall immediately notify the joint
fiscal committee if, at any time, there are insufficient funds in AMAP to assist
all eligible individuals. The secretary shall work in cooperation with persons
living with HIV/AIDS to develop a plan to continue access to AMAP
medications until such time as the general assembly can take action.
(e) The secretary of human services shall work in conjunction with the
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SENATE PROPOSAL OF AMENDMENT
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AMAP advisory committee, comprising no less than 50 percent of members
who are living with HIV/AIDS. The committee shall make recommendations
regarding the program’s formulary of approved medication, related laboratory
testing, nutritional supplements, and eligibility for the program.
Sec. 114. Health - health improvement
Personal services
7,865,343
Operating expenses
1,109,859
Grants
Total
14,484,500
23,459,702
Source of Funds
General fund
3,499,214
Special funds
989,927
Tobacco fund
3,399,677
Federal funds
15,415,384
Interdepartmental transfer
Total
155,500
23,459,702
(a) The department of health may carry forward any unspent portion of
funds designated for health professional loan repayment. These funds may be
used either alone or to match federal national health service corps loan
repayment funds, local funds, or private funds and shall be made available to
primary care providers, dentists, licensed nurses, and dental hygienists who
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SENATE PROPOSAL OF AMENDMENT
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agree to practice for a prescribed period of time in the state or at an accredited
hospital within 10 miles of the Vermont border, serving a portion of the state
designated as a health professional shortage population, or other rural or
underserved areas. Educational scholarships, loan repayment grants, loan
deferment payments, and payments of taxes due on the award may be
considered for payment.
(b) Of the above appropriation, $300,000.00 is to support the Vermont
coalition of clinics for the uninsured health care and dental services provided
by clinics for uninsured individuals and families.
(c) The above tobacco fund appropriation in this section shall be utilized
according to the provisions of 18 V.S.A. chapter 225 as follows:
(1) community-based programs - $1,023,624.00;
(2) media and public education - $926,053.00;
(3) tobacco cessation programs - $1,130,000.00; of this allocation,
$80,000.00 shall be used to make nicotine replacement therapies
available to all persons enrolled in tobacco cessation counseling;
(4) surveillance and evaluation activities - $320,000.00.
(d) The department of health in conjunction with the department of
education shall track and report quarterly expenses and receipts for the family
infant toddler program.
(1) The first report shall include final expenses and receipts by source
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SENATE PROPOSAL OF AMENDMENT
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for fiscal year 2004 (through June 30, 2004) which shall be broken out by
quarter and include enrollment data.
(2) For fiscal year 2005, the quarterly reports shall include:
(A) the number of enrolled children;
(B) expenses; and
(C) receipts by source, including federal part C dollars, Medicaid
receipts, state general funds, and any other sources of funding.
(3) The department of health shall submit these reports to the house and
senate committees on appropriations and health and welfare or the joint health
access oversight committee when the general assembly is not in session.
(e) The commissioner of health is encouraged to identify resources within
the department budget that could be redirected to high priority chronic care and
childhood obesity activities. If such resources are identified prior to actual
redirection, the commissioner shall report the recommended funding changes
to the joint health access oversight committee. The joint health access
committee shall meet within 30 days of such a report to approve the
recommendations. The recommendations shall be deemed approved should
the joint health access oversight committee fail to meet or act within 30 days.
Sec. 115. Health - community public health
Personal services
Operating expenses
11,300,056
1,632,764
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SENATE PROPOSAL OF AMENDMENT
2003
Grants
Total
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Page 77
11,594,327
24,527,147
Source of Funds
General fund
4,007,512
Special funds
520,701
Federal funds
19,641,614
Interdepartmental transfer
Total
357,320
24,527,147
(a) The department of health shall include with its annual budget
submission the total amount of funds granted through the healthy babies
program and the source of funds that support the grant.
Sec. 116. Health - alcohol and drug abuse programs
Personal services
Operating expenses
Grants
Total
2,370,638
860,942
16,804,728
20,036,308
Source of Funds
General fund
4,848,688
Special funds
157,000
Tobacco fund
3,171,266
Federal funds
11,451,354
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SENATE PROPOSAL OF AMENDMENT
2003
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Interdepartmental Transfer
Total
408,000
20,036,308
(a) For the purpose of meeting the need for outpatient substance abuse
services when the preferred provider system has a waiting list of five days or
more or there is a lack of qualified clinicians to provide services in a region of
the state, a state-qualified alcohol and drug abuse counselor may apply to the
department of health, division of alcohol and drug abuse programs, for
time-limited authorization to participate as a Medicaid provider to deliver
clinical and case coordination services as authorized.
(b)(1) In accordance with federal law, the division of alcohol and drug
abuse programs may use the following interim criteria to determine whether to
enroll a state-supported Medicaid and uninsured population substance abuse
program in the division’s network of designated providers, as described in the
state plan:
(A) The program has the ability to provide the quality, quantity, and
levels of care required under the division’s standards, licensure standards, and
accreditation standards established by the commission of accreditation of
rehabilitation facilities, the joint commission on accreditation of health care
organizations, or the commission on accreditation for family services.
(B) Any program that is currently being funded in the existing
network shall continue to be a designated program until further standards are
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developed, provided the standards identified in subdivision (1) of this
subsection are satisfied.
(C) All programs shall continue to fulfill grant or contract
agreements.
(2) The provisions of subdivision (1) of this subsection shall not
preclude the division’s “request for bids” process.
(c) Of the above appropriation, $75,000.00 shall be used for drug court
programs in Bennington, Chittenden, and Rutland counties. The sum of
$25,000.00 is allocated for each drug court program to be used for treatment,
case management, coordination, and screening services as needed.
Sec. 117. Health - medical practice board
Personal services
637,400
Operating expenses
125,000
Total
762,400
Source of Funds
Special funds
762,400
Sec. 117a. 26 V.S.A. § 1351(f) is added to read:
(f) Classified state employees who are employed as investigators who have
successfully completed a course of training under chapter 151 of Title 20 shall
have the same powers as sheriffs in criminal matters and the enforcement of
the law and in serving criminal process, and shall have all the immunities and
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SENATE PROPOSAL OF AMENDMENT
2003
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matters of defense now available or hereafter made available to sheriffs in a
suit brought against them in consequence for acts done in the course of their
employment.
Sec. 118. Social and rehabilitation services - administrative and support
services
Personal services
2,237,449
Operating expenses
331,754
Total
2,569,203
Source of Funds
General fund
1,187,302
Federal funds
1,381,901
Total
2,569,203
(a) Prior to entering into long-term contracts to replace the residential
capacity lost as a result of the change in status at Mountain View, the
department shall seek proposals from qualified providers to meet the
residential treatment needs of the department’s caseload.
Sec. 119. Social and rehabilitation services - social services
Personal services
Operating expenses
Grants
Total
17,195,972
2,695,866
52,967,384
72,859,222
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SENATE PROPOSAL OF AMENDMENT
2003
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Source of Funds
General fund
30,872,287
Special funds
1,306,152
Tobacco fund
75,000
Federal funds
40,605,783
Total
72,859,222
Sec. 120. Social and rehabilitation services - child care services
Personal services
Operating expenses
Grants
Total
1,785,851
409,257
34,102,883
36,297,991
Source of Funds
General fund
Transportation fund
11,691,476
60,249
Special funds
832,000
Federal funds
23,637,014
Interdepartmental transfer
Total
77,252
36,297,991
(a) Of the above appropriation, $50,000.00 shall be granted to the Vermont
Center for the Book.
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SENATE PROPOSAL OF AMENDMENT
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Sec. 120a. FISCAL YEAR 2004 CHILD CARE SUPPLEMENTAL
APPROPRIATION
(a) In addition to funds already appropriated to the department of social and
rehabilitation services for child care expenditures, $1,700,000.00 in general
funds is appropriated from the human services caseload reserve established
under 32 V.S.A. § 308b to meet caseload pressures in fiscal year 2004.
Sec. 121. [Deleted]
Sec. 122. Social and rehabilitation services - Woodside rehabilitation center
Personal services
Operating expenses
Total
2,282,357
438,299
2,720,656
Source of Funds
General fund
Interdepartmental transfer
Total
2,665,764
54,892
2,720,656
Sec. 123. Social and rehabilitation services - disability determination services
Personal services
Operating expenses
Total
2,719,300
441,112
3,160,412
Source of Funds
Federal funds
2,915,267
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SENATE PROPOSAL OF AMENDMENT
2003
Interdepartmental transfer
Total
H.768
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245,145
3,160,412
Sec. 124. Prevention, assistance, transition, and health access - administration
Personal services
27,827,176
Operating expenses
5,249,699
Grants
1,414,675
Total
34,491,550
Source of Funds
General fund
13,476,039
Special funds
2,047,319
Federal funds
18,973,192
Total
34,491,550
(a) Of the above special fund appropriation, $85,000.00 shall be from the
universal service fund for administration and software expenses for the lifeline
program.
Sec. 125. Prevention, assistance, transition, and health access - reach up
Grants
44,486,083
Source of Funds
General fund
15,948,867
Special funds
2,200,000
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Federal funds
Total
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26,337,216
44,486,083
Sec. 126. Prevention, assistance, transition, and health access - aid to aged,
blind and disabled
Personal services
1,365,966
Grants
9,218,772
Total
10,584,738
Source of Funds
General fund
10,584,738
Sec. 127. FUND APPROPRIATIONS AND TRANSFERS
(a) The sum of $68,865,572.00 is appropriated and transferred from the
general fund to the health access trust fund in fiscal year 2005.
(b) The sum of $17,250,000.00 is appropriated and transferred from the
tobacco litigation settlement fund to the health access trust fund in fiscal year
2005.
Sec. 128. Prevention, assistance, transition, and health access - Medicaid
Personal services
Grants
Total
15,812,482
565,218,912
581,031,394
Source of Funds
Special funds
227,532,074
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Federal funds
Total
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353,499,320
581,031,394
(a) HIV/AIDS health insurance assistance program.
(1) The department of prevention, assistance, transition, and health
access (PATH) in cooperation with the department of health shall operate an
HIV/AIDS insurance assistance program.
(2) The program shall pay all or a portion of continuation health
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 prevention,
assistance, transition, and health access, do not exceed $10,000.00.
(4) Expenditures under this program shall not exceed $55,000.00 in
fiscal year 2005.
(b) Of the above appropriation, $250,000.00 from the health access trust
fund, along with federal matching funds, shall be used to increase
reimbursement paid for specific procedures by Medicaid when access by
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Medicaid beneficiaries to those services is threatened by increasing
malpractice insurance costs to service providers. The department of PATH, in
consultation with the Vermont medical society, shall identify these procedures
based on percentage and dollar premium increases and volume of care paid for
by Medicaid.
* * * Prescription Drug Price Disclosure * * *
Sec. 128a. 18 V.S.A. § 9410a is added to read:
§ 9410a. PRESCRIPTION DRUG PRICE DISCLOSURE
(a) The commissioner’s health care information system established and
maintained under section 9410 of this title shall include a mechanism to make
available to consumers such prescription drug price information as the
commissioner determines is necessary or desirable, consistent with the
provisions of this section, to empower an individual to make economically
sound and appropriate prescription drug purchasing decisions.
(b) The commissioner shall require pharmacy benefit managers or health
insurers to disclose prescription drug prices to consumers and health care
providers. The commissioner shall require such disclosure through internet
publication, a toll-free number, or any other cost-effective method. Disclosure
shall include the cost to the consumer if purchased before the consumer’s
deductible amount is reached and any applicable coinsurance or co-payments.
Disclosure may include the price per pill, the price per course of therapy, the
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relationship between the average wholesale price (AWP) of a specific drug and
other drugs within the same therapeutic class, and any other relevant
information. The commissioner shall require a retail pharmacy to disclose the
retail price of prescription drugs to consumers not covered by an insured or
self-insured health benefit plan, upon the request of the consumer.
(c) The commissioner may adopt such rules as are necessary or desirable to
carry out the purposes of this section and, as appropriate, ensure the
confidentiality of proprietary information. The commissioner shall file such
rules with the legislative committee on administrative rules within one year of
the effective date of this section. In adopting such rules, the commissioner
shall consider the consumer’s need for the prescription drug price disclosure
information, the cost of the collection and publication of the information, and
any other relevant consideration.
(d) The department’s reasonable expenses in administering the prescription
drug price disclosure mechanism established by this section may be charged to
pharmacy benefit managers doing business in Vermont in the manner provided
for in section 18 of Title 8. Such expenses shall be allocated in proportion to
the lives of Vermonters covered by each pharmacy benefit manager as reported
annually to the commissioner in a manner and form prescribed by the
commissioner.
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(e)(1) The commissioner may enforce the provisions of this section as to
pharmacy benefit managers in the same manner as health insurers pursuant to
subsection 9412 of this title. The powers of the commissioner under this
section shall be in addition to any other powers of the commissioner under this
title or Title 8.
(2) In addition to any other remedy provided by law, the attorney
general after consultation with the commissioner may file an action in superior
court for a violation of this section or rules adopted under this section (wherein
the commissioner’s determinations concerning the interpretation and
administration of the provisions of this section and any rules adopted under
this section shall carry the presumption of validity accorded under the law). In
any such action, the attorney general shall have the same authority to
investigate and to obtain remedies as if the action were brought under the
consumer fraud act, chapter 63 of Title 9. Each violation of this section
constitutes a separate civil violation for which the attorney general may obtain
relief.
(f) As used in this section:
(1) “Average wholesale price” or “AWP” means the wholesale price
charged on a specific commodity that is assigned by the drug manufacturer and
listed in a nationally recognized drug pricing file.
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(2) “Health insurer” is defined in subdivision 9402(9) of this title. As
used in this section, the term includes Medicaid, the Vermont health access
plan, the VScript pharmaceutical assistance program, and any other public
health care assistance program.
(3) “Pharmacy benefit manager” is defined by subdivision 9471(5) of
this title.
Sec. 128b. 18 V.S.A. § 9410b is added to read:
§ 9410b. PHARMACEUTICAL MARKETER DISCLOSURE
(a) The commissioner’s health care information system established and
maintained under section 9410 of this title shall include a requirement that
when a pharmaceutical marketer engages in any form of prescription drug
marketing directly to a physician or other person authorized to prescribe
prescription drugs, the marketer shall disclose to the physician or other
prescriber the average wholesale price (AWP) of the drugs being marketed, in
accordance with rules adopted by the commissioner. Disclosure to the
prescriber shall be in such a format as to be easily distributed to and
understood by patients. Disclosure shall include the AWP per pill, when
relevant, and may include the relationship between the AWP of the specific
drug being marketed and other drugs within the same therapeutic class, the
price per course of therapy, and any other relevant information.
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(b) The commissioner may adopt such rules as are necessary or desirable to
carry out the purposes of this section. In adopting such rules, the
commissioner shall consider the prescriber’s and the consumer’s need for
information, the cost of the collection and disclosure of the information, and
any other relevant consideration.
(c) The department’s reasonable expenses in administering the provisions
of this section may be charged to pharmaceutical manufacturing companies
doing business in Vermont in the manner provided for in section 18 of Title 8.
Such expenses shall be allocated in proportion to the value of economic
benefits disclosed by pharmaceutical manufacturing companies under section
2005 of Title 33, as reported annually by such companies to the commissioner
in a manner and form prescribed by the commissioner.
(d)(1) The commissioner may enforce the provisions of this section as to
pharmaceutical marketers and pharmaceutical manufacturing companies in the
same manner as health insurers pursuant to subsection 9412 of this title.
(2) In addition to any other remedy provided by law, the attorney
general after consultation with the commissioner may file an action in superior
court for a violation of this section or rules adopted under this section (wherein
the commissioner’s determinations concerning the interpretation and
administration of the provisions of this section and any rules adopted under
this section shall carry the presumption of validity accorded under the law). In
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any such action, the attorney general shall have the same authority to
investigate and to obtain remedies as if the action were brought under the
consumer fraud act, chapter 63 of Title 9. Each violation of this section
constitutes a separate civil violation for which the attorney general may obtain
relief.
(e) As used in this section:
(1) “Average wholesale price” or “AWP” is defined in subdivision
9410a(f)(1) of this title.
(2) “Pharmaceutical manufacturing company” is defined by subdivision
2005(c)(2) of Title 33.
(3) “Pharmaceutical marketer” is defined by subdivision 2005(c)(1) of
Title 33.
* * * Over-the-Counter Drug Coverage * * *
Sec. 128c. 33 V.S.A. § 1992a is added to read:
§ 1992a. OVER-THE-COUNTER DRUG COVERAGE
All public pharmaceutical assistance programs shall provide coverage for
those over-the-counter drugs on the preferred drug list developed under section
1998 of this title.
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* * * PBM Regulation * * *
Sec. 128d. 18 V.S.A. chapter 221, subchapter 9 is added to read:
Subchapter 9. Pharmacy Benefit Managers
§ 9471. DEFINITIONS
As used in this subchapter:
(1) “Beneficiary” means an individual who has been enrolled in a health
insurance plan in which coverage of prescription drugs is administered by a
pharmacy benefit manager, and includes his or her dependent or other person
provided health coverage through that health insurance plan.
(2) “Health insurance plan” means a health benefit plan offered,
administered, or issued by a health insurer doing business in Vermont.
(3) “Health insurer” is defined by subdivision 9402(9) of this title. As
used in this subchapter, the term includes the state of Vermont and any agent
or instrumentality of the state that offers, administers, or provides financial
support to state government. It does not include Medicaid, the Vermont health
access plan, the VScript pharmaceutical assistance program, and any other
public health care assistance program.
(4) “Pharmacy benefit management” means an arrangement for the
procurement of prescription drugs at a negotiated rate for dispensation within
this state to beneficiaries, the administration or management of prescription
drug benefits provided by a health insurance plan for the benefit of
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beneficiaries, or any of the following services provided with regard to the
administration of pharmacy benefits:
(A) mail service pharmacy;
(B) claims processing, retail network management, and payment of
claims to pharmacies for prescription drugs dispensed to beneficiaries;
(C) clinical formulary development and management services;
(D) rebate contracting and administration;
(E) certain patient compliance, therapeutic intervention, and generic
substitution programs; and
(F) disease management programs.
(5) “Pharmacy benefit manager” means an entity that performs
pharmacy benefit management. The term includes a person or entity acting for
a pharmacy benefit manager in a contractual or employment relationship in the
performance of pharmacy benefit management for a health insurance plan.
§ 9472. PHARMACY BENEFIT MANAGERS; REQUIREMENTS
(a) A pharmacy benefit manager registered under section 9420 of this title
that provides pharmacy benefit management for a health insurance plan shall:
(1) Discharge its duties with respect to a health insurance plan primarily
in the interest of the plan and for the primary purpose of providing benefits to
the plan and defraying reasonable expenses of administering health insurance
plan benefits.
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(2) Discharge its duties with the care, skill, prudence, and diligence
under the circumstances then prevailing that a prudent pharmacy benefit
manager acting in like capacity and familiar with such matters would use in the
conduct of an enterprise of a like character and with like aims.
(3) Provide any and all utilization information requested by a health
insurance plan relating to the provision of benefits to beneficiaries through that
health insurance plan and utilization information relating to services to that
health insurance plan. A pharmacy benefit manager providing information
under this subsection may designate that material as confidential. Information
designated as confidential by a pharmacy benefit manager and provided to a
health insurance plan under this subsection may not be disclosed by the health
insurance plan to any person without the consent of the pharmacy benefit
manager, except that disclosure may be made in a court filing under the
consumer fraud provisions of chapter 63 of Title 9 or when authorized by that
chapter or ordered by a court for good cause shown.
(4) Notify a health insurance plan in writing of any proposed or ongoing
activity, policy, or practice of the pharmacy benefit manager that presents,
directly or indirectly, any conflict of interest with the requirements of this
section.
(5) With regard to the dispensation of a substitute prescription drug for a
prescribed drug to a beneficiary, the following provisions apply:
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(A) The pharmacy benefit manager may substitute a lower-priced
generic and therapeutically equivalent drug for a higher-priced prescribed
drug.
(B) With regard to substitutions in which the substitute drug costs
more than the prescribed drug, the substitution must be in accordance with
Rule 10, the quality assurance standards and consumer protections for
managed care plans adopted by the department of banking, insurance,
securities, and health care administration.
(6) A pharmacy benefit manager shall disclose to the health insurance
plan all financial terms and arrangements for remuneration of any kind that
apply between the pharmacy benefit manager and any prescription drug
manufacturer, including formulary management and drug-switch programs,
educational support, claims processing, pharmacy network fees charged from
retail pharmacies and data sales fees, and any other information required to be
disclosed under section 9420 of this title. A pharmacy benefit manager
providing information under this subsection may designate that material as
confidential. Information designated as confidential by a pharmacy benefit
manager and provided to a health insurance plan under this subsection may not
be disclosed by the health insurance plan to any person without the consent of
the pharmacy benefit manager, except that disclosure may be made in a court
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filing under the consumer fraud provisions of chapter 63 of Title 9 or when
authorized by that chapter or ordered by a court for good cause shown.
(b) Compliance with the requirements of this section is required in all
contracts for pharmacy benefit management entered into in this state or by a
health insurance plan in this state after July 1, 2004.
§ 9473. ENFORCEMENT
(a) In addition to any other remedy provided by law, a health insurance
plan aggrieved by a violation of this subchapter or a rule adopted under this
subchapter may file an action in superior court for injunctive relief and an
award of compensatory and punitive damages. The superior court may award
to the health insurance plan which prevails in an action under this section
reasonable costs and attorney’s fees.
(b) An action by the attorney general under this section is subject to the
provisions of this subsection and the consumer fraud provisions of chapter 63
of Title 9. Each violation of this subchapter constitutes an unfair practice
under section 2453 of Title 9 and is a civil violation for which the attorney
general may obtain, in addition to other remedies, injunctive relief and a fine in
an amount not to exceed $10,000.00 per violation, plus the costs of suit,
including necessary and reasonable investigative costs, reasonable expert fees,
and reasonable attorney’s fees.
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Sec. 128e. 18 V.S.A. § 9420 is added to read:
§ 9420. PHARMACY BENEFIT MANAGEMENT; REGISTRATION;
AUDIT
(a) A pharmacy benefit manager shall not do business in this state without
first registering with the commissioner on a form and in a manner prescribed
by the commissioner.
(b) In accordance with rules adopted by the commissioner, pharmacy
benefit managers operating in the state of Vermont and proposing to contract
for the provision of pharmacy benefit management services shall offer health
insurance plans a quotation for an administrative-services-only contract with
full pass through of negotiated prices, rebates, and other such financial benefits
which would identify to the health insurance plan external sources of revenue
and profit, in addition to quotations for any other alternative pricing
arrangement. Quotations for an administrative-services-only contract shall
include a reasonable fee payable by the health insurance plan which represents
a competitive pharmacy benefit profit.
(c) In order to enable periodic verification of pricing arrangements,
pharmacy benefit managers shall allow access, in accordance with rules
adopted by the commissioner, by the health insurance plan to financial and
contractual information necessary to conduct a complete and independent audit
designed to verify the following:
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(1) if applicable under an administrative-services-only contract under
subsection (a) of this section, full pass through of negotiated drug prices and
fees associated with all drugs dispensed to beneficiaries of the health insurance
plan in both retail and mail order settings or resulting from any of the
pharmacy benefit management functions defined in this section;
(2) if applicable under an administrative-services-only contract under
subsection (a) of this section, full pass through of all financial remuneration
associated with all drugs dispensed to beneficiaries of the health insurance plan
in both retail and mail order settings or resulting from any of the pharmacy
benefit management functions defined in this section; and
(3) any other verifications relating to the pricing arrangements and
activities of the pharmacy benefit manager required by the commissioner.
(d) The department’s reasonable expenses in administering the provisions
of this section may be charged to pharmacy benefit managers in the manner
provided for in section 18 of Title 8. Such expenses shall be allocated in
proportion to the lives of Vermonters covered by each pharmacy benefit
manager as reported annually to the commissioner in a manner and form
prescribed by the commissioner.
(e) The commissioner may adopt such rules as are necessary or desirable in
carrying out the purposes of this section and shall specify that the disclosure
requirements of this section apply only to contracts for pharmacy benefit
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management entered into after July 1, 2004. The rules also shall ensure that
proprietary information is kept confidential and not disclosed by health
insurance plans.
(f) As used in this section:
(1) “Health insurance plan” is defined in subdivision 9471(2) of this
title.
(2) “Health insurer” is defined in subdivision 9402(9) of this title. As
used in this section, the term includes the state of Vermont and any agent or
instrumentality of the state that offers, administers, or provides financial
support to state government. The term also includes Medicaid, the Vermont
health access plan, the VScript pharmaceutical assistance program, and any
other public health care assistance program, unless the state has an
administrative-services-only contract.
(3) “Pharmacy benefit management” is defined in subdivision 9471(4)
of this title.
(4) “Pharmacy benefit manager” is defined in subdivision 9471(5) of this
title.
Sec. 128f. 18 V.S.A. § 9421 is added to read:
§ 9421. RETAIL PHARMACIES; FILLING OF PRESCRIPTIONS
A health insurer, as defined in subdivision 9471(3) of this title, and
pharmacy benefit manager, as defined in subdivision 9471(5) of this title,
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doing business in Vermont shall permit a retail pharmacist licensed under
chapter 36 of Title 26 to fill prescriptions in the same manner as they are filled
by mail order pharmacies with respect to the quantity of drugs or days’ supply
of drugs dispensed under each prescription.
* * * Joint Purchasing within Vermont; OTC; Counterdetailing * * *
Sec. 128g. 33 V.S.A. § 1998 is amended to read:
§ 1998. PHARMACY BEST PRACTICES AND COST CONTROL
PROGRAM ESTABLISHED
(a) The commissioner of prevention, assistance, transition, and health
access shall establish a pharmacy best practices and cost control program
designed to reduce the cost of providing prescription drugs, while maintaining
high quality in prescription drug therapies. The program shall include:
(1) A preferred list of covered prescription drugs that identifies
preferred choices within therapeutic classes for particular diseases and
conditions, including generic alternatives and over-the-counter drugs.
(A) The commissioner, and the commissioner of banking, insurance,
securities, and health care administration shall implement the preferred drug
list as a uniform, statewide preferred drug list by encouraging all health benefit
plans in this state to participate in the program.
(B) The commissioner of personnel shall use the preferred drug list in
the state employees health benefit plan only if participation in the program will
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provide economic and health benefits to the state employees health benefit plan
and to beneficiaries of the plan, and only if agreed to through the bargaining
process between the state of Vermont and the authorized representatives of the
employees of the state of Vermont. The provisions of this subdivision do not
authorize the actuarial pooling of the state employees health benefit plan with
any other health benefit plan, unless otherwise agreed to through the
bargaining process between the state of Vermont and the authorized
representatives of the employees of the state of Vermont. No later than
November 1, 2004, the commissioner of personnel shall report to the health
access oversight committee and the senate and house committees on health and
welfare on whether use of the preferred drug list in the state employees health
benefit plan would, in his or her opinion, provide economic and health benefits
to the state employees health benefit plan and to beneficiaries of the plan.
***
(4) Education programs, including With input from physicians,
pharmacists, private insurers, hospitals, pharmacy benefit managers, and the
drug utilization review board, a counterdetailing education program, designed
to provide information and education on the therapeutic and cost-effective
utilization of prescription drugs to physicians, pharmacists, and other health
care professionals authorized to prescribe and dispense prescription drugs.
Details of the program, including the scope of the program and funding
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recommendations, shall be contained in a report submitted to the health access
oversight committee and the senate and house committees on health and
welfare no later than January 1, 2005;
***
* * * Expanding Use of 340B Programs * * *
Sec. 128h. 33 V.S.A. § 2008 is added to read:
§ 2008. FEDERAL DISCOUNT PROGRAMS; STUDY
The commissioner shall study and by January 1, 2005 report to the
governor, the senate and house committees on health and welfare and on
appropriations, and the health access oversight committee on the feasibility of
providing discounted prescription drugs to Vermont’s most vulnerable patient
populations through the use of Section 340B of the federal Public Health
Service Act, 42 United States Code § 256b (1999). The commissioner shall
work with other state agencies, representatives of state employees, and
representatives of health care providers and facilities in the state to provide the
following information:
(1) A description of all health care providers and facilities in the state
potentially eligible for designation as “covered entities” under Section 340B,
including without limitation all hospitals eligible as disproportionate share
hospitals; recipients of grants from the United States Public Health Service;
federally qualified health centers; federally qualified look-alikes;
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state-operated AIDS drug assistance programs; Ryan White CARE Act Title I,
Title II, and Title III programs; tuberculosis, black lung, family planning, and
sexually transmitted disease clinics; hemophilia treatment centers; public
housing primary care clinics; and clinics for homeless people.
(2) A listing of potential applications of Section 340B and the potential
benefits to public, private, and third-party payors for prescription drugs,
including:
(A) application to inmates and employees in youth correctional
facilities, county jails, and state prisons;
(B) maximizing the use of Section 340B within state-funded
managed care plans;
(C) the inclusion of Section 340B providers in state bulk purchasing
initiatives; and
(D) using sole source contracts with Section 340B providers to
furnish high-cost chronic care drugs.
(3) Discounts available through Section 340B contracts, including
estimated cost savings to the state as a result of retail mark-up avoidance,
negotiated subceiling prices, and coordination with the Medicaid program in
order to minimize costs to the program and to other purchasers of prescription
drugs.
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(4) The resources available to potential applicants for designation as
covered entities for the application process, establishing a Section 340B
program, restructuring the health care system, or other methods of lowering the
cost of prescription drugs. The resources must include state and federal
agencies and private philanthropic grants to be used for the purposes of this
section.
* * * Mental Health Drugs * * *
Sec. 128i. MENTAL HEALTH DRUGS; SUNSET EXTENSION
Subdivision (2) of Sec. 5 of No. 127 of the Acts of the 2001 Adj. Sess
(2002) is amended to read:
(2) Sec. 1, 33 V.S.A. § 1999(d) (prior authorization and drugs used to
treat mental illness) shall be repealed on July 1, 2004 2006. The commissioner
of prevention, assistance, transition, and health access shall report to the health
access oversight committee concerning the drug utilization review board’s
analysis of prescribing patterns, literature, and testimony regarding clinical
efficacy and outcomes, expenditure trends, and any proposed revisions to the
preferred drug list as it pertains to drugs used to treat mental illness.
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* * * Medicare Drug Benefit: Donut Hole, Impact on Vermont, and
Coordination with State Programs * * *
Sec. 128j. PRESCRIPTION DRUG COVERAGE FOR MEDICARE
BENEFICIARIES
The department of prevention, assistance, transition, and health access shall
analyze the financial impact on the state of Vermont and on Vermont Medicare
beneficiaries caused by implementation of the federal Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, P.L. 108-173, and report
its findings annually to the health access oversight committee and the senate
and house committees on health and welfare beginning October 1, 2004.
Sec. 128k. PRESCRIPTION DRUG BENEFIT WORKING GROUP
The commissioner of aging and disabilities with representatives from the
department of prevention, assistance, transition, and health access shall
convene a working group of elderly and disabled consumers, advocates, and
providers to:
(1) develop and implement a plan which at a minimum shall include
outreach, education, and assistance to minimize confusion and duplication of
coverage expected to be caused by the introduction of the new, federally
mandated Medicare discount cards to Vermont Medicare beneficiaries,
especially those who also are eligible for Medicaid, VHAP-Rx, VScript,
VScript Expanded, or Healthy Vermonters; and
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(2) plan for the implementation of Medicare Part D in the state
beginning January 1, 2006. Such planning shall include both monitoring and
advocacy on federal policy as it relates to Vermont state pharmaceutical
assistance programs with a goal of minimizing any reduction of assistance to
these beneficiaries. The plan shall analyze fully the potential gains and losses
to Vermont and to its state pharmaceutical assistance beneficiaries resulting
from Medicare Part D and the balance of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, P.L. 108-173, and shall provide
ongoing cost projections and identify sources of funding for holding these
beneficiaries harmless from pharmacy benefit cuts once Medicare Part D is
implemented.
* * * Prior Authorization Exemption * * *
Sec. 128l. 33 V.S.A. § 1999(f) is amended to read:
(f) The program’s prior authorization process shall require that the
prescriber, not the pharmacy, request a prior authorization exception
exemption to the requirements of this section. The No later than December 31,
2004, the commissioner shall create a pilot program may designed to exempt a
prescriber from the need to secure prior authorization for a specific drug
category requirement of the preferred drug list program if the program
determines that the prescriber has written a minimum number of scripts in that
category, and the prescriber prescribes prescription drugs on the preferred drug
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list at or above the minimum threshold for that category met compliance
standards established by the department in consultation with the drug
utilization review board. This exemption does not apply to drugs that require
prior authorization for clinical reasons.
* * * Reimportation * * *
Sec. 128m. 8 V.S.A. § 4089i is added to read:
§ 4089i. PRESCRIPTION DRUG COVERAGE
A health insurance or other health benefit plan offered by a health insurer
shall provide coverage for prescription drugs purchased outside this country on
the same terms and conditions as prescription drugs purchased in this country.
The plan may require certification by the North American Pharmatherapeutic
Consultants Association for the purpose of safeguarding the quality of
prescription drugs purchased by plan beneficiaries.
Sec. 128n. 33 V.S.A. § 2007 is added to read:
§ 2007. CANADIAN PRESCRIPTION DRUG INFORMATION PROGRAM
(a) The department of prevention, assistance, transition, and health access
shall establish a program to describe how Vermont residents are able to
purchase prescription drugs from Canada. This program shall provide
information about ordering prescription drugs through the mail or otherwise
from a participating Canadian pharmacy.
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(b) The department shall establish a website and written information
regarding the program.
Sec. 128o. APPLICABILITY; STATUTORY REVISION
The statutory revision commission is directed to recodify 8 V.S.A. §§ 4089i
and 4089j (health care ombudsman) as 8 V.S.A. §§ 4089v and 4089w,
respectively.
* * * Healthy Vermonters Expansion * * *
Sec. 128p. 33 V.S.A. § 2003 is amended to read:
§ 2003. PHARMACY DISCOUNT PLAN
(a) On or before July 1, 2002, the The commissioner shall implement a
pharmacy discount plan, to be known as the “Healthy Vermonters” program,
for Vermonters without adequate coverage for prescription drugs. The
provisions of section 1992 of this title shall apply to the commissioner’s
authority to administer the pharmacy discount plan established by this section.
The commissioner may establish an enrollment fee in such amount as is
necessary to support the administrative costs of the plan.
(b) The pharmacy discount plan authorized by this section shall include a
program implemented as a Section 1115 Medicaid waiver, wherein the state
makes a payment toward the cost of the drugs dispensed to individuals enrolled
in this program of at least two percent of the cost of each prescription or refill,
consistent with the appropriation for the program established by this section
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offer enrolled individuals an initial discounted cost for covered drugs and,
upon approval by the Centers for Medicare and Medicaid Services of a Section
1115 Medicaid waiver program, a secondary discounted cost, which shall
reflect a state payment toward the cost of each dispensed drug as well as any
rebate amount negotiated by the commissioner. Upon implementation of the
waiver program, the commissioner may establish an enrollment fee in such
amount as is necessary to support the administrative costs of the program.
(c) The commissioner shall implement the pharmacy discount program
authorized by this section without any financial contribution by the state
otherwise required by subsection (b) of this section, and without federal waiver
approval during such time as federal waiver approval has not been secured.
(d) As used in this section:
(1) “Eligible beneficiary” means any individual Vermont resident
without adequate coverage:
(A) who is at least 65 years of age, or is disabled and is eligible for
Medicare or Social Security disability benefits, with household income equal
to or less than 400 percent of the federal poverty level, as calculated under the
rules of the Vermont health access plan, as amended, and any other individual
Vermont resident with;
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(B) whose household income is equal to or less than 300 350 percent
of the federal poverty level, as calculated under the rules of the Vermont
Health access plan, as amended; and or
(C) whose family incurs unreimbursed expenses for prescription
drugs, including insurance premiums, that equal five percent or more of
household income or whose total unreimbursed medical expenses, including
insurance premiums, equal 15 percent or more of household income.
(2) “Initial discounted cost” means the price of the drug based on the
Medicaid fee schedule.
(3) “Labeler” means an entity or person that receives prescription drugs
from a manufacturer or wholesaler and repackages those drugs for later retail
sale and that has a labeler code from the federal Food and Drug Administration
under 21 Code of Federal Regulations, 207.20 (1999).
(4) “Participating retail pharmacy” means a retail pharmacy located in
this state or another business licensed to dispense prescription drugs in this
state that participates in the program according to rules established by the
department and provides discounted prices to eligible beneficiaries of the
program.
(5) “Rebate amount” means the rebate negotiated by the commissioner
and required from a drug manufacturer or labeler under this section. In
determining the appropriate rebate, the commissioner shall:
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(A) take into consideration the rebate calculated under the Medicaid
Rebate Program under section 1396r-8 of Title 42 of the United States Code,
the average wholesale price of prescription drugs, and any other information
on prescription drug prices and price discounts;
(B) use his or her best efforts to obtain an initial rebate amount equal
to or greater than the rebate calculated under the Medicaid program under
section 1396r-8 of Title 42 of the United States Code;
(C) use his or her best efforts to obtain an amount equal to or greater
than the amount of any discount, rebate, or price reduction for prescription
drugs provided to the federal government.
(6) “Secondary discounted cost” means the price of the drug based on
the Medicaid fee schedule, less payment by the state of at least two percent of
the Medicaid rate, less any rebate amount negotiated by the commissioner and
paid for out of the Healthy Vermonters dedicated fund established under
subsection 2003(j).
(7) “Vermonter without Without adequate coverage” includes eligible
beneficiaries with no coverage for prescription drugs or for certain types of
prescription drugs, and eligible beneficiaries whose annual maximum coverage
limit under their health benefit plan has been reached.
(e) Drugs covered by the Healthy Vermonters program shall include all
drugs covered under the Medicaid program.
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(f) Participating retail pharmacies shall offer beneficiaries the initial
discounted price beginning July 1, 2004. Beginning October 1, 2005, a
participating retail pharmacy shall offer beneficiaries the secondary discounted
price, if available.
(g) The Vermont board of pharmacy shall adopt rules requiring disclosure
by participating retail pharmacies to eligible beneficiaries of the amount of
savings provided as a result of the program. The rules must consider and
protect information that is proprietary in nature. The department may not
impose transaction charges under this program on pharmacies that submit
claims or receive payments under the program. Pharmacies shall submit
claims to the department to verify the amount charged to eligible beneficiaries
under the program. On a weekly or biweekly basis, the department must
reimburse pharmacies for the difference between the initial discounted price
and the secondary discounted price provided to eligible beneficiaries.
(h) The names of drug manufacturers and labelers who do and do not enter
into rebate agreements under this program are public information. The
department shall release this information to health care providers and the
public on a regular basis and shall publicize participation by manufacturers and
labelers. The department shall impose prior authorization requirements in the
Medicaid program, as permitted by law, to the extent the department
determines it is appropriate to do so in order to encourage manufacturer and
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labeler participation in the program and so long as the additional prior
authorization requirements remain consistent with the goals of the Medicaid
program and the requirements of Title XIX of the federal Social Security Act.
(i) The commissioner shall establish, by rule, a process to resolve
discrepancies in rebate amounts claimed by manufacturers, labelers,
pharmacies, and the department.
(j) The Healthy Vermonters dedicated fund is established to receive
revenue from manufacturers and labelers who pay rebates as provided in
subdivision (d)(5) of this section and any appropriations or allocations
designated for the fund. The purposes of the fund are to reimburse retail
pharmacies for discounted prices provided to individuals enrolled in the
Healthy Vermonters program; and to reimburse the department for contracted
services, including pharmacy claims processing fees, administrative and
associated computer costs, and other reasonable program costs. The fund is a
nonlapsing dedicated fund. Interest on fund balances accrues to the fund.
Surplus funds in the fund must be used for the benefit of the program.
(k) Annually, the department shall report the enrollment and financial
status of the program to the health access oversight committee by September 1,
and to the general assembly by January 1.
(l) The department shall undertake outreach efforts to build public
awareness of the program and maximize enrollment. Outreach efforts shall
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include steps to educate retail pharmacists on the purposes of the Healthy
Vermonters dedicated fund, in particular as it relates to pharmacy
reimbursements for discounted prices provided to program enrollees. The
department may adjust the requirements and terms of the program to
accommodate any new federally funded prescription drug programs.
(m) The department may contract with a third party or third parties to
administer any or all components of the program, including outreach,
eligibility, claims, administration, and rebate recovery and redistribution.
(n) The department shall administer the program and other medical and
pharmaceutical assistance programs under this title in a manner advantageous
to the programs and enrollees. In implementing this section, the department
may coordinate the other programs and this program and may take actions to
enhance efficiency, reduce the cost of prescription drugs, and maximize
benefits to the programs and enrollees, including providing the benefits of this
program to enrollees in other programs.
(o) The department may adopt rules to implement the provisions of this
section.
(p) The department may seek any waivers of federal law, rule, or regulation
necessary to implement the provisions of this section.
Sec. 129. Sec. 147(d) of No. 66 of the Acts of 2003 is amended to read:
(d) VHAP, premium-based.
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***
(2) The department shall establish per individual premiums for the
VHAP Uninsured program for the following brackets of income for the VHAP
group as a percentage of federal poverty level (FPL):
(A) Income less than or equal to 50 percent of FPL: $4.00 per month.
(B)(A) Income greater than 50 percent and less than or equal to 75
percent of FPL: $10.00 per month.
(C)(B) Income greater than 75 percent and less than or equal to 100
percent of FPL: $35.00 per month.
(D)(C) Income greater than 100 percent and less than or equal to 150
percent of FPL: $45.00 per month.
(E)(D) Income greater than 150 percent and less than or equal to 185
percent of FPL: $65.00 per month.
(3) The department shall establish per household premiums for the
working people with disabilities program for the following brackets of income
for the Medicaid group as a percentage of federal poverty level (FPL):
(A) Income greater than 185 percent of FPL and less than or equal to
225 percent of FPL: $50.00 per month.
(B) Income greater than 225 percent of FPL and less than or equal to
250 percent of FPL, without other health insurance coverage: $75.00 per
month.
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(C) Income greater than 225 percent of FPL and less than or equal to
250 percent of FPL, with other health insurance coverage: $60.00 per month.
Sec. 130. Sec. 147(g) of No. 66 of the Acts of 2003 is amended to read:
(g) Premium billing, collections and nonpayment.
(1) The commissioner shall make such changes in the billing and
collection process as are necessary to minimize administrative effort and
uncollected premiums effective January 1, 2004. The changes in the following
subdivisions (A), (B), and (D)(iii) shall be effective January 1, 2004. The
changes in the following subdivisions (C), (D)(i), and (D)(iv)-(vi) shall be
effective September 1, 2004 The changes in subdivision (D)(ii) shall be
implemented as soon as administratively feasible. These changes shall
include:
(A) Shifting from retrospective to prospective billing.
(B) Continuing the current billing approach for all groups currently
paying program fees until the new billing approach is approved and ready to be
implemented.
(C) Adjusting the billing cycle for premiums to facilitate efforts by
beneficiaries to stay current and avoid delinquencies.
(D) Requiring beneficiaries to pay prospectively a premium
equivalent to one month of coverage before initial enrollment, so that:
(i) if a premium is received and processed prior to the first day of
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the current month, then full coverage shall begin on the first day of the current
month;
(ii) if a premium is received and processed after the first day of the
current month, then full coverage shall begin on the first day of the following
month;
(iii) for applicants seeking VHAP coverage, limited coverage
(essential hospital, physician and pharmaceutical coverage) shall be provided
at no cost between the date that the beneficiary is determined eligible and the
date that full coverage begins, contingent upon receipt of premium payment;
(iv) VHAP beneficiaries shall receive a notice of eligibility
determination that includes a description of the limited coverage and a warning
that if the premium is not paid, the beneficiary shall be responsible for all bills
incurred in the interim;
(v) for applicants seeking VHAP coverage if payment of the
premium is not received by the due date, no payment shall be made for any
care received after eligibility is determined;
(vi) if a VHAP beneficiary’s coverage is cancelled and the
beneficiary attempts to reenroll within 12 months, no limited benefit coverage
shall be provided, except under the following circumstances:
(aa) the applicant or spouse had employer or
university-sponsored insurance that terminated;
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(bb) the applicant’s household income dropped below 75
percent of FPL;
(cc) the applicant established residence in another state for
more than 30 days and subsequently returned to Vermont;
(dd) medical incapacity during the period when premium
payments were due;
(vii) following payment of the initial premium, premium bills for
subsequent months shall be sent at least 25 days before enrollment may be
closed;
(viii) for subsequent months, notice shall be sent at least 10 days
before closure for nonpayment of premiums;
(ix) for subsequent months, eligibility shall be reinstated if
payment of premiums is received by the last day of month;
(x) for the VHAP Pharmacy, VScript and VScript expanded
programs, the prospective billing mechanism described above in Sec. 147
(g)(1)(D)(i)-(ii) shall apply. Limited coverage, described above in Sec. 147
(g)(1)(D)(iii), is not available. If a beneficiary’s coverage is cancelled for
nonpayment of premium due to medical incapacity during the period when
premium payments were due, the department will provide coverage between
the date that the coverage lapsed due to nonpayment of the premium and the
last day of the current month, provided that the beneficiary will be responsible
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for all bills incurred during this period if all premium payments due are not
received by the last day of the current month;
(xi) for pregnant women and children participating in the Dr.
Dynasaur, underinsured children, and the SCHIP programs coverage groups,
the prospective billing mechanism described above in Sec. 147(g)(1)(D)(i)-(ii)
shall apply. Limited coverage, described above in Sec. 147(g)(1)(D)(iii), is not
available. Provisions of federal law permitting retroactive coverage shall
apply, subject to payment of premiums for any such retroactive coverage
sought by the beneficiary;
(xii) for beneficiaries participating in the Working People with
Disabilities program, the prospective billing mechanism described above in
Sec. 147 (g)(1)(D)(i)-(ii) shall apply. Limited coverage, described above in
Sec. 147 (g)(1)(D)(iii), is not available. Provisions of federal law permitting
retroactive coverage shall apply, subject to payment of premiums for any such
retroactive coverage sought by the beneficiary. If a beneficiary’s coverage is
cancelled and the beneficiary attempts to reenroll within twelve months,
contingent upon federal approval, three-month retroactive coverage will not be
provided, except under the following circumstances:
(aa) the applicant or spouse had employer or universitysponsored insurance that terminated;
(bb) the applicant’s household income dropped below 75%
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of FPL;
(cc) the applicant established residence in another state for
more than 30 days and subsequently returned to Vermont;
(dd) medical incapacity during the period when premium
payments were due.
***
Sec. 130a. 33 V.S.A. § 1901c is added to read:
§ 1901c. MEDICAL CARE ADVISORY COMMITTEE
(a) The commissioner shall appoint a medical care advisory committee to
advise the department about health care and medical services, consistent with
the requirements of federal law.
(b) The medical care advisory committee shall be given an opportunity to
participate in policy development and program administration for Medicaid
and for the VHAP and VScript programs, as they are defined in section 1901b
of this subchapter. It shall have an opportunity to review and comment upon
agency policy initiatives pertaining to health care benefits and beneficiary
eligibility. It also shall have the opportunity to comment on proposed rules
prior to commencement of the rulemaking process and on waiver or waiver
amendment applications prior to submission to the Centers for Medicare and
Medicaid Services. Prior to the annual budget development process, the
department shall engage the medical care advisory committee in priority
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setting, including consideration of scope of benefits, beneficiary eligibility,
funding outlook, financing options, and possible budget recommendations.
(c) The medical care advisory committee shall make policy
recommendations on department proposals to the department, the health access
oversight committee, and the standing committees on health and welfare.
When the general assembly is not in session, the commissioner shall respond in
writing to these recommendations, a copy of which shall be provided to each
of the legislative committees.
(d) During the legislative session, the commissioner shall provide the
committee at regularly scheduled meetings updates on the status of policy and
budget proposals.
(e) The commissioner shall convene the medical care advisory committee
at least six times each year.
(f) At least one-third of the members of the medical care advisory
committee shall be recipients of Medicaid, VHAP, or VScript. Such members
shall receive compensation and reimbursement of expenses pursuant to section
1010 of Title 32, including costs of travel, child care, personal assistance
services, and any other service necessary for participation on the committee
approved by the commissioner.
(g) The commissioner shall appoint members of the medical care advisory
committee for staggered, nonrecurring three-year terms. The commissioner
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may remove members of the committee who fail to attend three consecutive
meetings and appoint replacements.
(h) For purposes of this section, “program administration” means annual
and long-term strategic planning, including priority setting, relative to scope of
benefits, beneficiary eligibility, funding outlook, financing options, and
possible budget recommendations.
Sec. 131. RULES SUSPENSION PURSUANT TO FEDERAL APPROVAL
(a) The rules adopted by the department of prevention, assistance,
transition, and health access pursuant to Sec. 147(k) of No. 66 of the Acts of
2003 shall be suspended until the Center for Medicare and Medicaid Services
has approved the department’s methodology for valuation of United States
savings bonds.
Sec. 132. [Deleted]
Sec. 133. 33 V.S.A. § 1973 is added to read:
§ 1973. VERMONT HEALTH ACCESS PLAN
(a) The department of prevention, assistance, transition, and health access
shall establish the Vermont health access plan (VHAP) pursuant to a waiver of
federal Medicaid law. The plan shall remain in effect as long as the federal
waiver is granted or renewed.
(b) The purpose of the Vermont health access plan is to provide health care
coverage for uninsured or underinsured low income Vermonters. The
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commissioner of the department of prevention, assistance, transition, and
health access shall establish rules regarding eligibility and administration of
the plan.
Sec. 134. Prevention, assistance, transition, and health access - general
assistance
Grants
4,376,260
Source of Funds
General fund
3,264,939
Special funds
1
Federal funds
1,111,320
Total
4,376,260
(a) Of the above appropriation, $527,000.00 in federal TANF funds and
$50,000.00 in general funds are allocated specifically for assistance to families
who demonstrate they are faced with a reasonably preventable loss of housing
and who meet state requirements for this assistance, as established by rule. Of
the above general fund appropriation, $50,000.00 shall be used for the
“Category II” rental assistance program. Assistance under this provision is not
an entitlement and shall cease upon expenditure of these allocated funds.
(b) Of the above appropriation, an amount not to exceed $150,000.00
($75,000.00 in federal TANF funds and $75,000.00 in general funds) may be
expended for temporary housing assistance to individuals and families that
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have reached the 28-day maximum allowed under department rules and have a
continued need for this type of emergency assistance. Assistance shall be
limited to an additional 56 cumulative days beyond the current 28-day
maximum. Assistance under this provision is not an entitlement and shall
cease upon expenditure of these allocated funds.
Sec. 135. Prevention, assistance, transition, and health access - home heating
fuel assistance/LIHEAP
Personal services
20,000
Operating expenses
90,000
Grants
Total
8,352,075
8,462,075
Source of Funds
Special funds
8,462,075
(a) Of the funds appropriated for home heating fuel assistance/LIHEAP in
this act, no more than $350,000.00 shall be expended for crisis fuel direct
service/administration exclusive of statewide after hours crisis coverage.
Sec. 136. WEATHERIZATION FUND ANALYSIS
(a) On or before December 15 of each year, the department of public
service and the agency of human services in consultation with the joint fiscal
office shall develop and submit a report to the senate and house committees on
appropriations which provides:
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(1) any projected or actual reserves in the special fund established
pursuant to 33 V.S.A. § 2503, the expenditure of which would not adversely
impact ongoing levels of weatherization services; and
(2) an analysis of the projected need of households eligible for fuel
assistance in meeting their heating bills in the current heating season as
compared to previous heating seasons. A heating season shall be defined as
the six months from October through March.
Sec. 137. PREVENTION, ASSISTANCE, TRANSITION, AND HEALTH
ACCESS - HOME HEATING FUEL ASSISTANCE/LIHEAP
(a) All federal funds granted to the state for home heating fuel assistance
under the low income home energy assistance program (LIHEAP) or other
similar federal program in fiscal year 2005 and all unexpended LIHEAP funds
granted to the state in fiscal year 2004 are hereby transferred to the home
heating fuel assistance trust fund for the provision of home heating fuel
assistance, including program administration, under 33 V.S.A. chapter 26.
(b) For the purpose of a crisis set-aside, seasonal home heating fuel
assistance through December 31, 2004, 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
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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 2004-2005 crisis set-aside and seasonal home heating fuel
assistance through December 31, 2004, and LIHEAP funds awarded as of
December 31, 2004 for fiscal year 2005 do not exceed $2,550.000.00,
subsequent payments under the home heating fuel assistance program shall not
precede January 30, 2005. Notwithstanding any other provision of law,
payments authorized by the office of home heating fuel assistance shall not
exceed funds available, except that for fuel assistance payments made through
December 31, 2004, the commissioner of finance and management may
anticipate receipts into the home weatherization assistance trust fund.
Sec. 138. Prevention, assistance, transition, and health access - food stamp
cash out
Grants
5,764,119
Source of Funds
Federal funds
5,764,119
Sec. 139. TANF EXEMPTION
(a) The commissioner may exempt all individuals domiciled in the state of
Vermont from the implementation of Sec. 115(a) of Public Law 104-193
through June 30, 2005.
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Sec. 139a. 33 V.S.A. § 101(4) is amended to read:
(4) Assistance and benefits shall be so administered as to maintain and
encourage dignity, self-respect and self-reliance. It is the legislative intent that
assistance granted shall be adequate to maintain a reasonable standard of health
and decency based on current cost of living indices. The department will
amend rules that establish new Reach Up grant amounts only when the
legislature has taken affirmative action to increase or decrease Reach Up grant
amounts provided to families.
Sec. 140. Developmental and mental health services - central office
Personal services
Operating expenses
Total
2,439,723
788,274
3,227,997
Source of Funds
General fund
1,423,598
Federal funds
1,804,399
Total
3,227,997
(a) The commissioner of the department of developmental and mental
health services shall collaborate with the housing and conservation board and
the Vermont housing finance agency to determine whether there would be
substantial savings by refinancing long-term capital debt on land and buildings
owned by community mental health centers and used as housing for low
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income Vermonters with physical or mental disabilities. The commissioner,
board, and agency shall jointly provide a written report of the findings and
conclusions to the house and senate committees on appropriations by
January 31, 2005.
Sec. 141. COMMITTEE ON COMMUNITY DEVELOPMENTAL AND
MENTAL HEALTH SERVICES
(a) It is the intent of the general assembly to ensure that consumers have
access to a comprehensive and adequate continuum of care, and that the
developmental and mental health system is financially sustainable.
(b) There is created a committee on community developmental and mental
health services to study and report on Vermont’s developmental and mental
health system. Members shall be appointed upon passage of this act and shall
include:
(1) the secretary of human services or designee;
(2) the commissioner of developmental and mental health services or
designee;
(3) the commissioner of health or designee;
(4) the commissioner of aging and disabilities or designee;
(5) at least four members selected by the Vermont council on
developmental and mental health services;
(6) one member selected by the Vermont association for mental health;
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(7) one current or recent recipient of community developmental
services;
(8) one current or recent recipient of community mental health services;
(9) one representative of the department of finance and management;
and
(10) other members as necessary to accomplish the purposes of this
section.
(c) In studying the developmental and mental health system, the committee
shall consider the following:
(1) issues relative to the delivery of services, including best practice
models, group versus individualized services, preventive and primary care,
service coordination options, and cost-effective approaches to delivering
services;
(2) ways to ensure funding parity between mental and physical health;
(3) baseline infrastructure requirements;
(4) whether the system is underfunded and, if so, the impact of such
underfunding;
(5) issues relative to realistic service expectations, including reasonable
reimbursement rates and funding mechanisms that correlate with utilization
trends;
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(6) issues relative to human resources, including recruitment and
retention strategies, training and education, licensing requirements, and
competitive compensation; and
(7) issues relative to efficient business practices, including group
purchasing of health insurance, workers’ compensation, information
technology, and business supplies; and efficient practices for revenue
collection.
(d) The agency of human services shall contract with a third party
consultant to review and make recommendations regarding the financial
sustainability of Vermont’s developmental and mental health system. The
committee shall design the scope of work, design request for proposals, and be
involved in the selection of a consultant. The consultant selected by the
agency shall submit its report to the committee no later than October 15, 2004.
(e) On or before October 30, 2004, the committee shall provide a report,
including the underlying data, regarding the financial sustainability, resources,
efficiency, and services offered by designated mental health agencies to the
mental health oversight committee. The agency of human services shall ensure
that the research is inclusive of the above elements and shall not establish
parameters that artificially limit the range of services or rate of any growth in
the need of services.
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(f) On or before December 1, 2004, the committee shall file a report with
the governor and the general assembly detailing its findings and
recommendations with respect to the issues covered in subsections (c), (d), and
(e) of this section. In addition, the report shall include recommendations for
the short- and long-term financial sustainability of Vermont’s developmental
and mental health system, including recommendations for fiscal years 2005
and 2006 appropriations and for options to create more reliable annual budget
decisions.
(g) The committee is authorized to meet up to six times per year and shall
cease to exist on July 1, 2006.
(h) The amount of $50,000.00 is appropriated from the general fund in
fiscal year 2005 to accomplish the purposes of this section.
Sec. 141a. VERMONT STATE HOSPITAL FUTURE PLANNING
ADVISORY GROUP
(a) It is the intent of the general assembly that all mental health programs,
services, and supports, including inpatient psychiatric services, be provided to
individuals with psychiatric disabilities or diagnoses or emotional disorders in
a holistic, comprehensive continuum of care, that consumers be treated at all
times with dignity and respect, that public resources be allocated efficiently
and produce the best positive outcomes, and that direct services overseen and
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provided by the agency of human services and its community partners be
client- and family-centered and -driven, accessible, and culturally competent.
(b) The secretary of human services shall be responsible for the
development and, upon approval by the mental health oversight committee and
joint fiscal committee, implementation of a strategic plan for the delivery of
services currently provided by the Vermont state hospital. The secretary shall
upon passage:
(1) establish a statewide state hospital future planning advisory group to
advise the secretary on development and implementation of a strategic plan
related to developing alternatives to the services currently provided by the
Vermont state hospital.
(2) The members of the state hospital future planning advisory group
may consist of the members of the current Vermont state hospital advisory
committee. If the members of the Vermont state hospital advisory committee
are unwilling or unable to serve as the members of the state hospital future
planning advisory group for some or all of the functions identified in this
section, a specific group shall be created with members appointed by the
secretary. In either instance, the state hospital future planning advisory group
shall have members representing the following: designated community mental
health agencies; designated hospitals; the adult program standing committee;
consumers and their family members; psychiatric and nursing staff of the
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Vermont state hospital; a recent patient of the Vermont state hospital; patient
rights protection organizations; Vermont legal aid; the department of
corrections; developmental services; child and adolescent mental health
services; the Vermont psychiatric association; the Vermont psychological
association; and the Vermont state employees’ association.
(3) Members of the state hospital future planning advisory group not
receiving compensation for service on the advisory group from another source
are entitled to compensation under section 1010 of Title 32. The secretary
shall consult with the advisory group on all aspects of strategic planning,
including methods of seeking further public input, investigation of program
options and policies, and recommendations concerning organization,
operations, funding, and implementation.
(4) For purposes of this section, the state hospital future planning
advisory group shall cease to exist on July 1, 2006.
(c) The principles guiding the state hospital future planning advisory group
in creating the immediate and long-term plans for the Vermont state hospital
shall include the following:
(1) an understanding of the role of active treatment within the goal of
recovery;
(2) an understanding of the role of trauma in the lives of individuals;
(3) accessible general medical care;
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(4) minimal use of involuntary interventions such as seclusion, restraint,
and involuntary medication;
(5) staff training in the use of safe and appropriate alternatives to
involuntary interventions;
(6) consumers’ participation in the development and implementation of
their treatment plans;
(7) consumers’ right to privacy and the right to have information
regarding their care remain confidential, unless disclosure is authorized by the
consumer or required under the law;
(8) ongoing consumer and community input with regard to program
oversight and development; and
(9) accountability for all components of the mental health care system.
(d) The state hospital future planning advisory group shall consider and
make recommendations to the secretary on the following:
(1) in general, the future of Vermont’s inpatient psychiatric programs,
including those currently provided by the Vermont state hospital and, more
specifically, whether new general or forensic inpatient programs should be
created, either in partnership with designated hospitals or with hospitals or
other facilities that do not currently provide inpatient psychiatric services;
(2) designs for programs that are responsive to changes over time in
levels and types of need, service delivery practices, and sources of funding;
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(3) whether designated hospitals should be encouraged to expand
existing psychiatric services;
(4) if new inpatient programs should be created, including general and
forensic units, either in partnership with designated hospitals or with hospitals
or other facilities that do not currently have existing inpatient services;
(5) whether additional community-based, hospital alternative, or
diversion programs should be developed;
(6) whether the state should expand community-based peer run
programs;
(7) whether to create a flexible individual case management program to
fund support services necessary to keep individuals out of the hospital;
(8) how to design mental health services to maximize safety and ensure
appropriate protection for the legal rights of consumers;
(9) the development of ongoing quality monitoring and consumer
satisfaction programs;
(10) methods for maximizing federal funding sources and mental health
coverage under private and public insurance plans;
(11) the necessity of developing housing alternatives, including group
homes, supportive housing, and independent living options;
(12) the integration of primary care with the mental health system of
care, including the need for education on the appropriate uses of psychotropic
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medications and follow-up care;
(13) governance issues, including governance of the Vermont state
hospital and an assessment of the role of the board of mental health and
whether new members should be appointed; and
(14) ways to improve judicial proceedings concerning involuntary
treatment and involuntary medication.
(e) On or before October 15, 2004, the secretary shall prepare and present
for approval to the mental health oversight committee an outline of the
findings and recommendations for replacement of the functions of the Vermont
state hospital.
(f) On or before January 15, 2005, the secretary shall prepare and present to
the mental health oversight committee a report containing a comprehensive
implementation plan for replacing the services currently provided by the
Vermont state hospital. The report shall include proposals for legislation and
capital and operational funding needed to implement the plan.
Sec. 141b. THE MENTAL HEALTH OVERSIGHT COMMITTEE
(a) The mental health oversight committee is created to oversee the
development and implementation of the secretary of human services’ strategic
plan to develop alternatives for services currently provided by the Vermont
state hospital and to ensure that consumers have access to a comprehensive and
adequate continuum of care and Vermont has a financially sustainable
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developmental and mental health services system. The committee shall be
composed of three members to be appointed by the speaker of the house, not
all from the same party, and three members to be appointed by the committee
on committees, not all from the same party. Initial appointments shall be made
upon passage.
(b) The committee shall review whether the secretary’s study on
developmental and mental health services required in Sec. 141 of this act and
the strategic plan for developing alternatives to the Vermont state hospital
required in Sec. 141a of this act achieve the goals and principles stated herein
effectively, efficiently, and satisfactorily. The committee shall specifically:
(1) solicit input from individuals and their families served by the mental
health system;
(2) monitor the study and planning processes and time lines;
(3) measure the efforts of the agency of human services against the
goals and principles described in this act; and
(4) review and approve, modify, or disapprove the recommendations
contained in the reports required by Secs. 141 and 141a of this act and
authorize preliminary implementation steps for developing alternatives to the
services currently provided by the Vermont state hospital.
(c) The committee is authorized to meet up to six times while the general
assembly is not in session to perform its functions under this section.
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(d) The secretary of the agency of human services shall report to the
committee as required by the committee and Secs. 141 and 141a of this act and
this section.
(e) Members of the committee shall be entitled to compensation and
reimbursement for expenses under section 406 of Title 2.
(f) The secretary of administration, the legislative council, and the joint
fiscal office shall provide staff support requested by the committee.
(g) The committee shall cease to exist on July 1, 2006.
Sec. 141c. EFFECTIVE DATE
Secs. 141, 141a, and 141b of this act shall take effect upon passage.
Sec. 142. Developmental and mental health services - community mental
health
Personal services
Operating expenses
Grants
Total
3,007,985
453,111
103,316,621
106,777,717
Source of Funds
General fund
36,172,964
Special funds
7,775,810
Federal funds
58,425,555
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Interdepartmental transfer
Total
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4,403,388
106,777,717
Sec. 143. Developmental and mental health services - developmental services
Personal services
Operating expenses
Grants
Total
3,196,296
498,012
96,088,725
99,783,033
Source of Funds
General fund
38,634,339
Special funds
905,890
Federal funds
59,111,304
Interdepartmental transfer
Total
1,131,500
99,783,033
Sec. 144. Developmental and mental health services - Vermont state hospital
Personal services
Operating expenses
Grants
Total
13,096,501
1,576,303
3,000
14,675,804
Source of Funds
General fund
1,1867,915
Special funds
110,000
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Federal funds
Interdepartmental transfer
Total
572,426
13,875,463
14,675,804
Sec. 144a. [Deleted]
Sec. 145. Aging and disabilities - administration and support
Personal services
Operating expenses
Total
15,221,670
2,523,348
17,745,018
Source of Funds
General fund
4,657,832
Special funds
782,599
Federal funds
11,300,136
Interdepartmental transfer
Total
1,004,451
17,745,018
(a) 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 - division of advocacy and independent living
Grants
22,516,687
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Source of Funds
General fund
8,968,764
Transportation fund
419,330
Special funds
801,981
Federal funds
12,249,612
Interdepartmental transfer
Total
77,000
22,516,687
(a) Notwithstanding 32 V.S.A. § 706, the department may transfer up to
$250,000.00 in general funds for the elderly mental health initiative to the
department of developmental and mental health services to maximize the use
of Medicaid funds.
(b) Of the above general fund appropriation, $50,000.00 shall be used for
infrastructure improvements to expand and/or enhance certified adult day
center facilities. Funds shall be distributed through a competitive process, with
priority given to centers which are building new facilities, making additions, or
otherwise adding capacity.
(c) Of the above general fund appropriation, $35,000.00 shall be
appropriated to senior centers in Vermont through competitive grants
submitted to the commissioner of aging and disabilities. In awarding grants,
the commissioner shall consider at a minimum the following factors: offering
meal programs as an integral part of the centers' activities; attracting or
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sustaining participants to the center; ability to promote creative successful
aging programs; ability to leverage local funds; and statewide distribution of
grant monies.
(d) Prior to the implementation of new programs or expansion of existing
programs resulting from federal approval of an 1115 waiver for
community- based long-term care, the agency of human services and the
department of aging and disabilities shall seek approval from the general
assembly or the joint fiscal committee if the general assembly is not in session.
The request for approval shall provide an analysis of the programs to be
implemented and the impact on the nursing home industry in Vermont.
Sec. 146a. TRANSPORTATION COSTS; AREA AGENCIES ON AGING
(a) The amount of $24,000.00 in general funds is appropriated to the
department of aging and disabilities to be used to fund transportation aid
shortfalls in district area agencies on aging.
Sec. 146b. TRANSPORTATION COSTS; REALLOCATION
(a) The department of aging and disabilities shall manage 5310 funds
appropriated through the agency of transportation to reallocate funds from
department grantees who were unable to earn all of their grants to other
grantees that have exceeded their grants. The department shall notify the
general assembly in January 2005 the amount of grantee expenditures in fiscal
year 2004 the department was unable to pay because expenditures exceeded
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the $2,100,000.00 in available funds.
Sec. 146c. 5310 FUNDING REPORT
(a) The department of aging and disabilities shall carry out a review of the
5310 transportation program and its fiscal condition. The report shall examine
the adequacy of funding and level of grants by recipient; the levels of services
provided; and the adequacy of monitoring in place. The report shall consider
the impact of the anticipated 1115 waiver on these programs. Said report shall
be submitted to the joint fiscal committee by November 1, 2004 for
distribution and discussion at its November 2004 fiscal committee meeting.
Sec. 147. 33 V.S.A. § 6321(f) is added to read:
(f) Personal care attendants, as defined in program rules of the department
of aging and disabilities, 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.
Sec. 148. Aging and disabilities - blind and visually impaired
Grants
1,346,261
Source of Funds
General fund
540,106
Special funds
145,000
Federal funds
661,155
Total
1,346,261
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Sec. 149. Aging and disabilities - vocational rehabilitation
Grants
6,217,958
Source of Funds
General fund
1,599,195
Special funds
80,000
Federal funds
4,313,046
Interdepartmental transfer
Total
225,717
6,217,958
Sec. 150. Aging and disabilities - TBI home and community-based waiver
Grants
2,564,186
Source of Funds
General fund
1,014,905
Federal funds
1,549,281
Total
2,564,186
(a) The state shall allocate the appropriation for the traumatic brain injured
waiver for fiscal year 2005 in the following manner: rehabilitation program,
51 slots; long-term program, 26 slots. The number of long-term program slots
may be increased by no more than eight if matching funds are available to
support the additional slots.
Sec. 151. Office of economic opportunity
Personal services
268,308
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Operating expenses
Grants
Total
78,670
4,513,795
4,860,773
Source of Funds
General fund
848,147
Special funds
80,012
Federal funds
3,681,541
Interdepartmental transfer
Total
251,073
4,860,773
(a) Of the above general fund appropriation, $485,000.00 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
decisions shall be made with assistance from the coalition of homeless
Vermonters.
Sec. 152. Office of economic opportunity - weatherization assistance
Personal services
Operating expenses
Grants
Total
151,601
96,510
7,021,327
7,269,438
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Source of Funds
Special funds
5,991,517
Federal funds
1,277,921
Total
7,269,438
(a) Of the above special fund appropriation, $400,000.00 is for the
replacement and repair of home heating equipment.
Sec. 153. Corrections - administration
Personal services
2,154,223
Operating expenses
322,087
Total
2,476,310
Source of Funds
General fund
2,199,440
Federal funds
180,000
Interdepartmental transfer
96,870
Total
2,476,310
Sec. 153a. 32 V.S.A. § 1003(d) is amended to read:
(d) Notwithstanding the maximum salary established in subsection (b) of
this section, the defender general shall not receive compensation in excess of
the compensation established for the attorney general in this section.
Notwithstanding any other provision of law to the contrary, the commissioner
of corrections shall not receive compensation which is less than the
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compensation for any other commissioner in the agency of human services.
Sec. 154. Corrections - parole board
Personal services
Operating expenses
Total
218,562
65,555
284,117
Source of Funds
General fund
284,117
Sec. 155. Corrections - correctional education
Personal services
Operating expenses
Total
3,237,375
437,210
3,674,585
Source of Funds
General fund
Interdepartmental transfer
Total
3,113,998
560,587
3,674,585
Sec. 156. Corrections - correctional services
Personal services
63,370,080
Operating expenses
27,534,372
Grants
Total
1,644,500
92,548,952
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Source of Funds
General fund
Transportation fund
88,972,697
1,144,483
Special funds
599,500
Tobacco funds
87,500
Federal funds
1,643,726
Interdepartmental transfer
Total
101,046
92,548,952
(a) Of the above general fund appropriation, $77,000.00 shall be used as a
grant to Dismas House of Vermont, Inc.
Sec. 156a. DEPARTMENT OF CORRECTIONS POSITIONS;
REDESIGNATION
(a) Notwithstanding any provision of law to the contrary, the general
assembly directs that the following permanent classified positions within the
state be redesignated as exempt positions:
(1) “Corrections Services Division Director” which shall, upon
redesignation, be entitled: “Director of Facilities” (1).
(2) “Corrections Services Division Assistant Director” which shall, upon
redesignation, be entitled: “Director of Field Services” (1).
(3) “Corrections Restorative and Community Justice Director” (1).
(4) “Adult Correctional Facility Superintendent” (5).
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(5) “Central Facilities Superintendent” (3).
(6) “Corrections Work Camp Superintendent” (1).
(b) In fiscal year 2005, any department of corrections manager who
becomes an exempt employee as a result of the redesignation of institution
management or other positions as exempt positions and who has at least five
years state classified service shall receive all the benefits available under 3
V.S.A. § 220, including those benefits that are limited to employees who have
at least ten years classified state service.
Sec. 156b. CORRECTIONS POSITIONS; CREATION AND
EMPLOYMENT
(a) Establishment. The general assembly authorizes and directs the
establishment of the following positions within the department of corrections
which shall be transferred and converted from exiting vacant positions in the
executive branch of state government:
(1) One (1) new, permanent, full-time, exempt director of health
services.
(2) Four (4) new permanent, full-time, classified mental health services
staff.
(b) Staffing. Pursuant to the provisions of subsection (c) of this section, the
general assembly directs the department of corrections to fill the following
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positions, all of which are either existing positions or are created by this
section:
(1) One (1) full-time, exempt director of health services.
(2) Seven (7) full-time, classified mental health services staff.
(c) Comprehensive mental health services plan. On or before January 15,
2005 and after consultation with the commissioner of health and the Vermont
state employees’ association, the commissioner of corrections shall present to
the joint legislative corrections oversight committee for its approval a plan for
the delivery of comprehensive mental health services to inmates. The four new
positions created by subdivision (a)(2) of this section shall not be filled until
the joint legislative corrections oversight committee has approved the
commissioner’s plan, and the general assembly has appropriated sufficient
funding for the positions.
Sec. 156c. DEPARTMENT OF CORRECTIONS: OVERCROWDING
(a) It is the intent of the general assembly that the department of
corrections should not operate any of the state correctional facilities at a level
that exceeds the rated capacity of the facility.
(b) The commissioner of corrections shall determine the rated capacity of
each correctional facility to include only bedspace designated for the general
population and shall not include bedspace used for segregation, isolation, or
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medical or mental health treatment, or high security bedspace used for
disciplinary or administrative purposes.
(c) When the population housed in any facility exceeds the rated capacity
of that facility, the commissioner of corrections may transfer appropriate
offenders to another facility, including contracted facilities in another state;
provided, however, that the commissioner shall strive to minimize transfers in
order to avoid disruption of inmate programming.
(d) On a quarterly basis, the commissioner shall submit a report to the joint
legislative corrections oversight committee setting forth the number of inmates
housed in each correctional facility for the previous three month period, and
providing detailed information of the dates and length of time any facility
exceeded 105 percent of its rated capacity.
Sec. 156d. DEPARTMENT OF CORRECTIONS: POLICY RESPONSE TO
INVESTIGATIVE REPORT
(a) Prior to adopting any policy in response to the 2004 “Investigative
Report into the Deaths of Seven Vermont Inmates and Related Issues,” the
commissioner of corrections shall provide copies of each proposed policy to
the joint legislative corrections oversight committee for review and comment.
If the committee provides no response within 45 days after receiving the
proposed policy, the department may adopt the policy as initially proposed.
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Sec. 156e. DEPARTMENT OF CORRECTIONS: INVESTIGATIONS
28 V.S.A. § 122 is added to read:
§ 122. INVESTIGATION BY ATTORNEY GENERAL
The attorney general may investigate, as the attorney general finds
necessary, to determine whether the department of corrections has violated any
law, rule, or policy. The attorney general may administer oaths, require filing
of a statement under oath, take evidence and require the production, by
subpoena or otherwise, of financial records, books, papers, correspondence,
and other documents and records the attorney general considers to be relevant
and material to the investigation.
Sec. 156f. DEPARTMENT OF CORRECTIONS: ENFORCEMENT FOR
INVESTIGATIONS
28 V.S.A. § 123 is added to read:
§ 123. PENALTIES; ENFORCEMENT
(a) The attorney general shall enforce the provisions of this chapter and
may bring an action in superior court to ensure compliance and to obtain civil
penalties in the amounts described in subsection (b) of this section.
(b) The court may grant temporary and permanent injunctive relief and
may:
(1) enjoin future activities;
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(2) order remedial actions to be taken to effect all registration and
disclosure required by this chapter;
(3) levy a civil penalty as provided in this subdivision. A civil penalty of
not more than $10,000.00 may be levied for each violation. In addition, in the
case of a continuing violation, a penalty of not more than $1,000.00 may be
imposed for each day the violation continues.
Sec. 156g. REPEAL
(a) Secs. 170d and 170e of No. 142 of the Acts of the 2001 Adj. Sess.
(2002) (joint legislative corrections oversight committee) are repealed.
Sec. 156h. [Deleted]
Sec. 157. Corrections - correctional facilities- recreation
Personal services
507,620
Operating expenses
410,916
Total
918,536
Source of Funds
Special funds
918,536
Sec. 158. Corrections - Vermont correctional industries
Personal services
1,598,402
Operating expenses
1,731,740
Total
3,330,142
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Source of Funds
Internal service funds
3,330,142
Sec. 159. Children’s trust fund
Grant
310,651
Source of Funds
General fund
100,651
Special funds
70,000
Federal funds
140,000
Total
310,651
(a) At least 65 percent of the state appropriation for the children’s trust
fund shall be awarded for community-based program activities for the broad
range of child abuse and neglect prevention activities.
Sec. 160. Commission on women
Personal services
Operating expenses
Total
182,561
54,216
236,777
Source of Funds
General fund
231,777
Special funds
5,000
Total
236,777
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Sec. 161. Retired senior volunteer program
Grants
131,096
Source of Funds
General fund
131,096
Sec. 162. Vermont veterans’ home - care and support services
Personal services
11,886,014
Operating expenses
Total
2,761,777
14,647,791
Source of Funds
General fund
969,037
Special funds
8,855,527
Federal funds
4,823,227
Total
14,647,791
(a) Notwithstanding 32 V.S.A. § 706(a)(1), the Vermont veterans’ home
may transfer funds, with the approval of the secretary of administration, up to
an amount equal to the general fund appropriation to the department of
prevention, assistance, transition, and health access - Medicaid for purposes of
facilitating a Medicaid rate adjustment.
Sec. 162a. Vermont association for blind and visually impaired, inc.
Grants
23,958
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Source of Funds
General fund
Sec. 163. Total human services
23,958
1,417,274,531
Source of Funds
General fund
Transportation fund
375,967,284
1,624,062
Special funds
274,602,847
Tobacco fund
25,331,323
Federal funds
710,834,624
Permanent trust funds
2,300
Internal service funds
3,330,142
Interdepartmental transfer
Total
25,581,949
1,417,274,531
Sec. 164. Employment and training
Personal services
19,992,849
Operating expenses
3,962,858
Grants
1,518,362
Total
25,474,069
Source of Funds
General fund
936,361
Special funds
166,000
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Federal funds
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20,618,541
Interdepartmental transfer
Total
3,753,167
25,474,069
Sec. 164a. 21 V.S.A. chapter 14 is added to read:
CHAPTER 14. YOUTH IN AGRICULTURE,
NATURAL RESOURCES, AND FOOD PRODUCTION
§ 1151. LEGISLATIVE FINDINGS AND PURPOSE
(a) The general assembly finds that:
(1) Agriculture, natural resources, and food production play a central
role in the economy and culture of Vermont.
(2) Farms and farm-based industries are experiencing an ever-increasing
need for workers who are willing to work the hours involved in farming and
who have the multiple skills necessary to handle successfully the multiple and
varied responsibilities of farming.
(3) Farms have always provided the environment for youth to acquire
workplace skills such as responsibility, creativity, and initiative and
occupational skills ranging from plant and animal science to economics and to
grow therefore into sought-after workers by a wide variety of employers.
(4) Programs such as the Farm Youth Corps have provided the
infrastructure that is necessary to connect youth to careers in agriculture,
natural resources, and food production.
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(5) Programs that have provided youth with the opportunity to work on
farms have declined due to reductions in federal funding.
(b) Therefore, it is the purpose of this chapter to create and support
programs for youth that will engage them in agriculture, natural resources, and
food production in order to:
(1) Provide them an opportunity to engage in work that provides them
with hands-on learning and allows them to develop a strong work ethic and
vital workplace and occupational skills that will be valuable in any career they
might pursue;
(2) Encourage youth to pursue pathways to careers in agriculture,
natural resources, and food production;
(3) Provide farmers with young short-term workers and the opportunity
to mentor future, long-term employees; and
(4) Insure that youth are aware of the benefits of agriculture, natural
resources, and food production to themselves and to Vermont.
§ 1152. YOUTH IN AGRICULTURE, NATURAL RESOURCES, AND
FOOD PRODUCTION CONSORTIUM; CREATION
(a) There is created a youth in agriculture, natural resources, and food
production consortium of program providers in order that programs to build
pathways to careers in agriculture, natural resources, and food production may
be connected, developed, and supported in a coordinated manner. The
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SENATE PROPOSAL OF AMENDMENT
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consortium shall comprise employees of the department of employment and
training assigned by the commissioner of employment and training; employees
of the department of education assigned by the commissioner of education;
employees of the agency of agriculture, food and markets appointed by the
secretary of agriculture, food and markets; employees of the agency of natural
resources appointed by the secretary of natural resources; representatives of the
Extension Service of the University of Vermont selected by the service; and
representatives from agriculture, food, and natural resources businesses
appointed by the secretary of agriculture, food and markets.
(b) The consortium shall be attached to the department of employment and
training for administrative support. It shall elect its own chair and meet as
required to fulfill its obligations under this chapter.
§ 1153. YOUTH IN AGRICULTURE, NATURAL RESOURCES, AND
FOOD PRODUCTION CONSORTIUM; POWERS AND DUTIES
(a) The consortium shall be charged with the oversight of the development
and coordination of programs in agriculture, natural resources, and food
production, and education to connect youths’ experiences in agriculture,
natural resources, and food production to their in-school learning and develop
pathways for pursuing further education related to agriculture or natural
resources. It shall seek to coordinate and connect programs around common
standards, coordinate resources, provide a clearinghouse for information and
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technical assistance, establish a strong business and education partnership,
identify missing components of the system, and oversee funds made available
for the express purpose of implementing these pathways. It shall endeavor to
sustain and expand programming in agriculture, natural resources, and food
production on a statewide basis in order to affect middle and secondary school
students in Vermont. The consortium shall seek to ensure the effectiveness of
all the programs in reaching large numbers of students, and in so far as
possible, seek to provide programs in all regions of the state through a
statewide system with uniform availability, eligibility, and funding
requirements to make such opportunities available to all students.
(b) Among the programs to be reviewed and coordinated by the consortium
are projects that involve agriculture and the environment; programs within the
elementary and middle school system which provide hands-on learning, such
as “Ag in the Classroom” sponsored by the agency of agriculture, food and
markets, and “Forest, Fields, and Futures” sponsored by UVM Extension
Service; and secondary school programs in agriculture and natural
resources-related areas in education; “Smokeyhouse” and other technical
education, agriculture, and natural resources programs offered by high schools
and technical centers. In addition, it shall review and coordinate programs
such as the Youth Conservation Corps and the Farm Youth Corps of the
department of employment and training which has offered summer
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employment for students on farms, and other summer employment programs
and alternative programs for in-school youth operated outside the public school
funding system.
(c) The consortium shall report annually to the commissioner of
employment and training, the secretary of agriculture, food and markets, the
secretary of natural resources, the commissioner of education, and the house
and senate committees on agriculture and on education on its progress,
outcomes, and recommendations for expansion, development, and coordination
of programs and pathways to careers in agriculture, natural resources, and food
production in the state.
Sec. 164b. APPROPRIATIONS AND RESOURCES
(a) In fiscal year 2004, $15,325.00 transferred from the agency of
agriculture, food and markets in accordance with Sec. 20 of No. 80 of the Acts
of 2004 shall be available for costs related to farm youth activities, including
the youth in agriculture consortium. These funds shall supplement any
available federal funds and be expended pursuant to the recommendations of
the youth in agriculture consortium established in chapter 14 of Title 21 to
preserve and strengthen programs connecting youth to agriculture, food, and
natural resources.
(b) These funds may be used to support the necessary administration of the
program and to pay for wages of the participants, provided that no more than
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20 percent of funds shall be used for administration. The remainder of funds
shall be awarded to programs on a competitive basis as determined by the
youth in agriculture consortium. The criteria for the consortium’s selection of
programs for funding shall include:
(1) The program serves youth between the ages of 14 and 21 and
provides them with experience and employment in the fields of agriculture,
natural resources, and food production.
(2) The program incorporates standards articulated by the consortium
which connect other programs and create a pathway so that youth can acquire
the foundation and specialized skills necessary to pursue careers in agriculture,
natural resources, and food production.
(3) The program teaches academic and workplace skills that are
articulated in the “Vermont Framework of Standards and Learning
Opportunities” and supports participants’ progress toward high school
graduation.
Sec. 165. Total employment and training
25,474,069
Source of Funds
General fund
936,361
Special funds
166,000
Federal funds
20,618,541
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SENATE PROPOSAL OF AMENDMENT
2003
Interdepartmental transfer
Total
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3,753,167
25,474,069
Sec. 166. Education - finance and administration
Personal services
3,914,851
Operating expenses
1,254,486
Grants
Total
10,600,000
15,769,337
Source of Funds
General fund
2,912,037
Special funds
20,088
Federal funds
1,717,098
Interdepartmental transfer
Total
11,120,114
15,769,337
Sec. 167. Education - standards and assessment
Personal services
Operating expenses
Grants
Total
5,006,420
559,473
1,789,693
7,355,586
Source of Funds
General fund
2,029,075
Special funds
2,000
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SENATE PROPOSAL OF AMENDMENT
2003
Federal funds
Interdepartmental transfer
Total
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5,204,511
120,000
7,355,586
Sec. 168. Education - education quality
Personal services
6,512,872
Operating expenses
1,657,824
Grants
Total
111,591,515
119,762,211
Source of Funds
General fund
Transportation fund
5,366,406
520,672
Education fund
9,221,398
Special funds
1,637,731
Federal funds
101,779,397
Interdepartmental transfer
Total
1,236,607
119,762,211
(a) The appropriation in this section shall be authorized, notwithstanding
16 V.S.A. § 1564.
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Sec. 168a. SCHOOL DISTRICT CONSOLIDATION; TRANSITION AID;
APPROPRIATION SUNSET
(a) In its first year of operation, the commissioner shall pay to a joint
contract, union, unified union, or interstate school district which began
operation during or after school year 2003-2004, a facilitation grant of five
percent of the base education payment amount in 16 V.S.A. § 4001(13) per
average daily membership for that year or $150,000.00, whichever is less, from
the education fund. The funds shall be in addition to funds received under
16 V.S.A. § 4028 and for districts beginning operation during or after school
year 2004-2005 shall be paid in thirds in the same manner that other state
education aid is paid under that section.
(b) This section shall sunset on June 30, 2007.
Sec. 169. Sec. 163(b) of No. 63 of the Acts of 2001 is amended to read:
(b) There is appropriated in fiscal year 2002, and each year thereafter, from
the education fund to the commissioner of education $450,000.00 for the
purpose of awarding grants to technical centers for up to three years to support
innovative program development responding to emerging technologies and
providing high-skill, high-wage employment.
Sec. 170. Education - special education: formula grants
Grants
105,256,030
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Source of Funds
Education fund
105,256,030
(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 2005 costs incurred by school districts shall be paid partially
from the fiscal year 2005 appropriation and partially from the fiscal year 2006
appropriation. The fiscal year 2005 appropriation will cover the final
reimbursements for fiscal year 2004, with the remainder available for
reimbursements for fiscal year 2005 grants and reimbursements. Funds
distributed to school districts for fiscal year 2005 expenses, to which the school
districts were not entitled based on final reports for fiscal year 2005, shall not
be considered as part of the total expenditures for fiscal year 2005 under the
60-percent state funding provision of 16 V.S.A. § 2967, as limited by Sec. 10
of No. 117 of the Acts of the 1999 Adj. Sess. (2000), as amended by Sec. 42 of
No. 68 of the Acts of 2003. Such funds held by local school districts shall be
treated as expenditures in fiscal year 2006.
(b) Of the appropriation authorized in this section, and notwithstanding any
other provision of law, an amount not to exceed $2,929,504.00 shall be used by
the department of education in fiscal year 2005 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). In
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SENATE PROPOSAL OF AMENDMENT
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addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $150,000.00 may be
used by the department of education for its participation in the higher
education partnership plan.
Sec. 171. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND
SIX
(a) Education 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 who are at risk of failure in
school. The services are to be supplied through contracts with
community-based 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. 172. Education - state-placed students
Grants
10,842,880
Source of Funds
Education fund
10,842,880
Sec. 173. Education - adult education and literacy
Grants
4,643,498
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Source of Funds
General fund
2,717,399
Education funds
942,480
Federal funds
983,619
Total
4,643,498
Sec. 174. 16 V.S.A. § 4011(f)(2) is amended to read:
(2) adult education and literacy services, an amount equal to 20 percent
of the base education payment for each client who is 16 to 20 years of age,
inclusive, and who has gained at least one skill level pursuant to state or
federal standards. The calculation of “client” shall be based on an average of
the previous two years, according to information submitted to the
commissioner on or before September 15 of the year of calculation. For each
client 16 to 20 years of age, information submitted shall include the name,
address, and dates of attendance at all Vermont public secondary schools
attended and whether the client has gained a skill level.
Sec. 175. [Deleted]
Sec. 176. Education - adjusted education payment
Grants
906,562,829
Source of Funds
Education fund
906,562,829
S
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ec. 177. Education - essential early education grant
Grants
4,273,279
Source of Funds
Education fund
4,273,279
Sec. 178. Education - transportation
Grants
13,190,788
Source of Funds
Education fund
13,190,788
Sec. 179. Education - small school grants
Grants
5,229,837
Source of Funds
Education fund
5,229,837
Sec. 180. Education - capital debt service aid
Grants
565,240
Source of Funds
Education fund
565,240
Sec. 181. Education - tobacco litigation
Personal services
Operating expenses
Grants
Total
156,690
26,360
695,930
878,980
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Source of Funds
Tobacco fund
878,980
Sec. 182. Education - Act 117 cost containment
Personal services
973,780
Operating expenses
89,237
Grants
65,000
Total
1,128,017
Source of Funds
Interdepartmental transfer
1,128,017
(a) Notwithstanding any other provisions of law, expenditures made during
fiscal year 2005 from this section shall be counted under 16 V.S.A. § 2967 as
part of the state’s 60 percent of the statewide total special education
expenditures of funds which are not derived from federal sources.
Sec. 183. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL
FUND - DEPOSIT
(a) In addition to deposits in the Medicaid reimbursement administrative
special fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2005,
$1,128,017.00 of federal Medicaid receipts received for reimbursement of
medically related services provided to students who are Medicaid eligible shall
be deposited in the administrative special fund.
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Sec. 183a. SCHOOL-BASED MEDICAID
(a) The department of education and the agency of human services shall
analyze the funding risks to the school-based Medicaid program. Such
analysis shall include the impact of and responses to potential problems in the
transition to the premium-based Medicaid system. It shall also review the
funding risks to the school-based programs funded through Medicaid due to
the changing environment of federal Medicaid program oversight, and
Medicaid program modification or changes in or implementation of new rules.
(b) The department and agency shall report to the joint fiscal committee no
later than its November meeting with the results of its analysis. The joint fiscal
committee shall notify the chairs of the house and senate committees on
education and health and welfare so that they may attend the meeting and
participate in any discussion.
Sec. 184. FUND APPROPRIATION AND TRANSFER
(a) There is appropriated in fiscal year 2005 from the general fund for
transfer to the education fund the amount of $249,300,000.00.
Sec. 185. State teachers’ retirement system
Personal services
Operating expenses
Grants
Total
15,889,873
806,073
20,446,282
37,142,228
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Source of Funds
General fund
20,446,282
Pension trust funds
16,695,946
Total
37,142,228
(a) Notwithstanding 16 V.S.A. § 1944(g)(2), the amount of the annual
contribution to the Vermont state teachers’ retirement system shall be
$20,446,282.00 in fiscal year 2005.
Sec. 186. TAX DEPARTMENT - REAPPRAISAL AND LISTING
PAYMENTS
(a) The amount of $2,266,000.00 in education funds is appropriated in
fiscal year 2005 to implement the provisions of 32 V.S.A. §§ 4041a(a), relating
to payments to municipalities for reappraisal costs, and 5405(f), relating to
payments of $1.00 per grand list parcel.
Sec. 187. Tax department - property tax assistance
Grants
92,311,600
Source of Funds
General fund
5,280,000
Transportation fund
3,520,000
Education fund
Total
83,511,600
92,311,600
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Sec. 188. [Deleted]
Sec. 189. Total general education and property tax assistance
1,576,478,340
Source of Funds
General fund
Transportation fund
Education fund
288,051,199
4,040,672
1,141,862,361
Special funds
1,659,819
Tobacco fund
878,980
Federal funds
109,684,625
Pension trust funds
16,695,946
Interdepartmental transfer
13,604,738
Total
1,576,478,340
Sec. 190. University of Vermont
Grants
37,475,987
Source of Funds
General fund
37,475,987
(a) The commissioner of finance and management shall issue warrants to
pay one-twelfth of the appropriation to the University of Vermont on or about
the 15th of each calendar month of the year.
(b) Of the above appropriation, $355,470.00 shall be transferred to
EPSCoR for the purpose of complying with state matching fund requirements
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necessary for the receipt of available federal or private funds, or both.
Sec. 191. University of Vermont - Morgan horse farm
Grants
5,000
Source of Funds
General fund
5,000
Sec. 192. Vermont public television
Grants
563,832
Source of Funds
General fund
563,832
Sec. 193. Vermont state colleges
Grants
21,602,929
Source of Funds
General fund
21,602,929
(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 2005 contribution toward the growth of the endowment fund
for the Vermont state colleges. The state’s funds are to serve as a challenge
match to enhance the state colleges’ ability to secure endowment contributions
from alumni and other interested parties. The intent is that the fiscal year 2005
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SENATE PROPOSAL OF AMENDMENT
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appropriation will be the fourth of five annual appropriations, through fiscal
year 2006, totaling $500,000.00. The conditions of this challenge match are
that the state colleges are required to raise three dollars for each dollar
appropriated by the state. A method for accounting for the state colleges’
share has been agreed to between the state colleges and the commissioner of
finance and management. Transfers to the state colleges’ endowment fund
shall be under the condition that only the interest accruing to the fund will be
available for purposes as designated by the board of trustees of the state
colleges. By June 30, 2007, 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.
(c) Of the above appropriation, $400,860.00 shall be transferred to the
Vermont manufacturing extension center for the purpose of complying with
state matching fund requirements necessary for the receipt of available federal
or private funds, or both.
(d) Of the above appropriation, $100,000.00 shall be a one-time grant to
the Vermont teacher diversity scholarship program.
Sec. 194. Vermont state colleges - nursing and dental hygiene
Grants
613,111
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Source of Funds
General fund
613,111
Sec. 195. Vermont interactive television
Grants
795,331
Source of Funds
General fund
795,331
Sec. 196. Vermont student assistance corporation
Grants
16,934,061
Source of Funds
General fund
16,934,061
(a) Not less than 100 percent of grants shall be used for direct student aid.
Sec. 197. New England higher education compact
Operating expenses
88,840
Source of Funds
General fund
88,840
Sec. 197a. [Deleted]
Sec. 197b. [Deleted]
Sec. 197c. [Deleted]
Sec. 198. Total higher education and other
78,079,091
Source of Funds
General fund
78,079,091
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 199. Natural resources - agency of natural resources - administration
Personal services
3,946,209
Operating expenses
1,874,447
Grants
310,700
Total
6,131,356
Source of Funds
General fund
2,914,400
Special funds
966,964
Federal funds
423,900
Interdepartmental transfer
1,826,092
Total
6,131,356
Sec. 199a. STORMWATER MITIGATION SPECIAL FUND
(a) The Jane Potvin stormwater mitigation special fund is hereby
established in the agency of natural resources to provide loans and grants for
stormwater restoration.
(b) The fund shall consist of any monies appropriated to the fund by the
general assembly or received from any other sources, public or private,
including payments of stormwater impact fees by holders of stormwater
discharge permits. Interest earned by the fund and any balance remaining in
the fund at the end of a fiscal year shall be retained by the fund. The fund shall
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be managed in accordance with subchapter 5 of chapter 7 of Title 32 to the
extent consistent with this section.
(c) Eligible projects may include:
(1) the construction of physical offsets and stormwater management
projects within the impaired waters of the state;
(2) specific stormwater remediation; and
(3) other activities identified by the disbursement committee established
in subsection (d) of this section.
(d) Jane Potvin mitigation fund disbursements shall be made by the
facilities and engineering division of the department of environmental
conservation of the agency of natural resources. The division shall adopt rules
pursuant to chapter 25 of Title 3 regarding how and to whom loan and grants
shall be disbursed, and shall make loans and grants based on those rules and
for the purposes described in subsection (c) of this section.
Sec. 199b. STORMWATER; TRANSFER OF FUNDS
(a) The secretary of administration shall transfer $1,200,000.00 of the
general funds set aside in Sec. 7 of No. 7 of the Acts of 2003 to the state
treasurer for deposit in the Jane Potvin stormwater mitigation special fund.
Sec. 199c. STORMWATER DISCHARGE PERMITS
(a) The secretary of natural resources shall utilize physical offsets and
stormwater management projects to facilitate the issuance of stormwater
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discharge permits and to mitigate the adverse impacts of such discharges.
Sec. 200. REVERSION TO GENERAL FUND
(a) Notwithstanding any other provision of law, $15,000.00 in general
funds appropriated in Sec. 52 of No. 80 of the Acts of the 2003 Adj. Sess.
(2004), which amends Sec. 211 of No. 66 of the Acts of 2003 to the agency of
natural resources, administration, shall revert to the general fund in fiscal year
2005.
Sec. 201. Connecticut river watershed advisory commission
Grants
38,000
Source of Funds
General fund
22,500
Federal funds
15,500
Total
38,000
Sec. 202. Citizens’ advisory committee on Lake Champlain’s future
Personal services
2,300
Operating expenses
5,200
Total
7,500
Source of Funds
General fund
7,500
Sec. 203. Natural resources - state land local property tax assessment
Operating expenses
1,229,000
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Source of Funds
General fund
756,377
Transportation fund
211,123
Interdepartmental transfer
261,500
Total
1,229,000
Sec. 204. Green up
Operating expenses
6,036
Grants
8,550
Total
14,586
Source of Funds
General fund
6,036
Special funds
8,550
Total
14,586
Sec. 205. Fish and wildlife - support and field services
Personal services
9,379,330
Operating expenses
4,117,773
Grants
Total
156,000
13,653,103
Source of Funds
General fund
Transportation
1,090,101
385,000
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SENATE PROPOSAL OF AMENDMENT
2003
Fish and wildlife fund
Total
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12,178,002
13,653,103
(a) Of the above appropriation, $5,000.00 shall be used to provide
scholarships for children wishing to attend one of the conservation camps
administered by the department of fish and wildlife. No portion of any general
fund appropriation, tuition payments, donations made, or interest earned on
endowment funds to the camps program within the department of fish and
wildlife for the purposes of supporting the conservation camps shall be
reallocated or used for any other purpose.
(b) In fiscal year 2005, the department shall expend $100,000.00 in general
funds provided for marketing to increase hunting and fishing license sales. It
shall report to the house and senate committees on appropriations, the senate
committee on natural resources and energy, and the house committee on fish,
wildlife and water resources on or before January 15, 2005 the expenditures
made and their results.
(c) In its budget presentations and reports to the general assembly, the
department of fish and wildlife shall provide an accounting of all expenditures
for nongame programs and indicate therein the expenditures and budget items
chargeable both to game and nongame programs and shall develop its budget
accordingly.
(d) To the maximum extent feasible, the general funds in this
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appropriation, excepting $100,000.00 allocated for marketing activity, shall be
used to fund administrative support, overhead, nongame program activities,
and programs that benefit both game and nongame species, while reserving
traditional funding sources from hunters and anglers for activities that directly
benefit from hunting and fishing programs. The agency shall track general
fund and transportation fund expenditures from this appropriation for the first
six months of fiscal year 2005 and report on these expenditures to the senate
and house committees on appropriations by February 15, 2005.
Sec. 205a. INSURANCE RESERVE FUND TRANSFER
(a) Notwithstanding 32 V.S.A. § 135, $44,674.00 is hereby transferred
from the insurance reserve fund, established under 32 V.S.A. § 134, to the
department of fish and wildlife for rebuilding the Gordon House in Grand Isle.
Sec. 206. Fish and wildlife - watershed improvement
Operating expenses
Grants
Total
661
50,000
50,661
Source of Funds
Fish and wildlife fund
50,661
Sec. 207. Fish and wildlife - wildlife management area projects
Operating expenses
5,000
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2003
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Source of Funds
Fish and wildlife fund
5,000
Sec. 208. Fish and wildlife - conservation
Personal services
Operating expenses
Grants
Total
126,610
15,785
417,000
559,395
Source of Funds
Fish and wildlife fund
559,395
Sec. 209. Forests, parks and recreation - administration
Personal services
748,075
Operating expenses
614,383
Grants
Total
1,936,500
3,298,958
Source of Funds
General fund
1,136,958
Special funds
890,000
Federal funds
1,272,000
Total
3,298,958
Sec. 210. Forests, parks and recreation - forestry
Personal services
4,458,479
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Operating expenses
449,375
Grants
363,000
Total
5,270,854
Source of Funds
General fund
3,217,274
Transportation fund
21,500
Special funds
375,000
Federal funds
1,438,080
Permanent trust funds
Interdepartmental transfer
Total
5,000
214,000
5,270,854
Sec. 211. Forests, parks and recreation - state parks
Personal services
4,706,026
Operating expenses
1,973,200
Grants
Total
5,000
6,684,226
Source of Funds
General fund
298,627
Special funds
6,385,599
Total
6,684,226
(a) The department of forests, parks and recreation shall establish a
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demonstration program in three to five state parks in which a person provides
administrative and maintenance services at the park in exchange for a camp
site for the season at no cost.
Sec. 212. Forests, parks and recreation - lands administration
Personal services
434,554
Operating expenses
229,500
Total
664,054
Source of Funds
General fund
439,054
Special fund
195,000
Interdepartmental transfer
30,000
Total
664,054
Sec. 213. Forests, parks and recreation - youth conservation corps
Personal services
Operating expenses
Grants
Total
391,775
27,800
500,000
919,575
Source of Funds
Special funds
596,575
Federal funds
73,000
Interdepartmental transfer
250,000
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2003
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Total
919,575
Sec. 214. Forests, parks and recreation - forest highway maintenance
Personal services
247,978
Operating expenses
326,000
Total
573,978
Source of Funds
General fund
Transportation fund
Total
90,965
483,013
573,978
Sec. 215. Environmental conservation - management and support services
Personal services
Operating expenses
Grants
Total
2,751,124
753,419
97,530
3,602,073
Source of Funds
General fund
1,166,778
Special funds
604,073
Federal funds
1,036,410
Interdepartmental transfer
Total
794,812
3,602,073
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 216. Environmental conservation - air and waste management
Personal services
5,579,941
Operating expenses
5,900,551
Grants
1,183,500
Total
12,663,992
Source of Funds
General fund
592,246
Special funds
9,072,141
Federal funds
2,829,605
Interdepartmental transfer
Total
170,000
12,663,992
Sec. 217. Environmental conservation - office of water programs
Personal services
11,708,110
Operating expenses
2,397,137
Grants
2,196,662
Total
16,301,909
Source of Funds
General fund
Transportation fund
6,029,216
183,709
Special funds
3,185,235
Federal funds
6,321,692
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2003
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Interdepartmental transfer
582,057
Total
16,301,909
Sec. 218. REVERSION TO GENERAL FUND
(a) Notwithstanding any other provision of law, $50,000.00 in general
funds appropriated in Sec. 53 of No. 80 of the Acts of the 2003 Adj. Sess.
(2004), which amends Sec. 231 of No. 66 of the Acts of 2003 to the agency of
natural resources, department of environmental conservation, office of water
programs, shall revert to the general fund in fiscal year 2005.
Sec. 219. Environmental conservation - tax-loss - Connecticut river flood
control
Operating expenses
40,000
Source of Funds
Special funds
40,000
Sec. 220. Environmental board and district commissions - Act 250
Personal services
Operating expenses
Total
2,033,202
368,967
2,402,169
Source of Funds
General fund
880,992
Special funds
1,521,177
Total
2,402,169
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2003
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Sec. 221. Environmental board and district commissions - waste facilities
panel
Personal services
Operating expenses
Total
132,633
12,367
145,000
Source of Funds
Special funds
Interdepartmental transfer
Total
120,000
25,000
145,000
Sec. 222. Water resources board
Personal services
Operating expenses
Total
284,906
39,609
324,515
Source of Funds
General fund
Sec. 223. Total natural resources
324,515
74,579,904
Source of Funds
General fund
Transportation fund
18,973,539
1,284,345
Fish and wildlife fund
12,793,058
Special funds
23,960,314
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SENATE PROPOSAL OF AMENDMENT
2003
Federal funds
Permanent trust funds
Interdepartmental transfer
Total
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13,410,187
5,000
4,153,461
74,579,904
Sec. 224. Commerce and community development - agency of commerce and
community development - administration
Personal services
1,230,130
Operating expenses
458,576
Grants
186,200
Total
1,874,906
Source of Funds
General fund
1,874,906
Sec. 225. [Deleted]
Sec. 226. Housing and community affairs
Personal services
Operating expenses
Grants
Total
2,217,796
326,342
3,965,014
6,509,152
Source of Funds
General fund
1,531,188
Special funds
3,468,740
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SENATE PROPOSAL OF AMENDMENT
2003
Federal funds
Total
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1,509,224
6,509,152
Sec. 227. [Deleted]
Sec. 228. Historic sites operations
Personal services
Operating expenses
Total
563,114
1,344,765
1,907,879
Source of Funds
General fund
409,352
Special funds
490,000
Federal funds
453,000
Interdepartmental transfer
555,527
Total
1,907,879
Sec. 229. [Deleted]
Sec. 230. Community development block grants
Grants
8,185,740
Source of Funds
Federal funds
8,185,740
(a) Community development block grants will carry forward until
expended.
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2003
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Sec. 231. Downtown transportation and capital improvement fund
Grants
800,000
Source of Funds
Special funds
800,000
Sec. 232. Economic development
Personal services
Operating expenses
Grants
Total
1,448,204
534,099
2,027,774
4,010,077
Source of Funds
General fund
3,369,403
Special funds
472,000
Federal funds
168,674
Total
4,010,077
(a) Prior to the secretary’s approval of any grant for carrying out the duties
of the world trade office, the secretary shall submit the grant to the house and
senate committees on appropriations, the house committee on commerce, and
the senate committee on economic development, housing and general affairs
for their approval. If the general assembly is not in session, the grant must be
submitted to the joint fiscal committee for its approval.
(b) Of the above general fund appropriation, $300,000.00 shall be used to
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provide $25,000.00 grants to each of the regional development corporations.
(c) Of the above general funds appropriated for incubator and emerging
technology projects, $50,000.00 shall be granted to the Springfield regional
development corporation to be used to match federal grant funds for the
technology incubator project.
(d) $100,000.00 of the above appropriation shall be used for a grant to the
World Trade Office established in 10 V.S.A. §26.
Sec. 232a. [Deleted]
Sec. 232b. [Deleted]
Sec. 233. Vermont training program
Personal services
Operating expenses
Grants
Total
107,531
26,599
1,324,570
1,458,700
Source of Funds
General fund
1,407,700
Special funds
51,000
Total
1,458,700
Sec. 233a. 10 V.S.A. § 531(c)(1) is amended to read:
(1) employ new persons at a wage which, at the completion of the
training program, is two times the prevailing state or federal minimum wage,
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whichever is greater, reduced by the value of any existing health benefit
package up to a limit of 25 30 percent of the gross program wage, or for
existing employees, to increase the wage to two times the prevailing state and
federal minimum wage, whichever is greater, reduced by the value of any
existing health benefit package up to a limit of 15 20 percent of the gross
program wage, upon completion of training; provided, however, that in areas
defined by the secretary of commerce and community development in which
the secretary finds that the rate of unemployment is 50 percent greater than the
average for the state, the wage rate under this subsection may be set by the
secretary at a rate no less than one and one-half times the federal or state
minimum wage, whichever is greater;
Sec. 234. Tourism and marketing
Personal services
2,372,840
Operating expenses
1,816,797
Grants
Total
789,000
4,978,637
Source of Funds
General fund
Interdepartmental transfer
Total
4,678,637
300,000
4,978,637
(a) Funds designated for regional marketing grants shall be expended to
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SENATE PROPOSAL OF AMENDMENT
2003
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market activities, including advertising, direct mail campaigns, familiarization
trips for writers and travel trade professionals, public relations, regional
websites, tourist fulfillment, trade shows, niche guides, event marketing
sponsorships, and administrative costs that can be documented in the year-end
grant report. These activities shall be done in cooperation with the department
of tourism and marketing’s plans which are designed to improve
communications with the travel and tourism industry.
Sec. 234a. CONSOLIDATION AND CONTRACTING OF TOURISM AND
MARKETING FUNCTIONS
(a) The general assembly recognizes that:
(1) Tourism is a vitally important industry to the state of Vermont;
(2) Marketing of Vermont goods and services is an integral function that
supports the tourism sector of the state and benefits many other Vermont
businesses, including agriculture and manufacturing;
(3) The promotion of Vermont's travel, recreation, and cultural
attractions and the promotion of Vermont goods and services require
coordination with many agencies of state government, chambers of commerce
and travel associations, and the private sector;
(4) The state funds available to support the marketing and promotion
efforts of the state, while limited, must be managed to provide the maximum
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return to Vermont based travel, recreational, agricultural, and manufacturing
businesses;
(b) There is created the committee on consolidation and contracting of
tourism and marketing functions.
(1) The committee shall consist of 12 members as follows:
(A) The secretary of the agency of commerce and community
development, who shall serve as chair of the committee.
(B) The secretary of the agency of administration, or designee.
(C) Two members of the general assembly:
(i) One member from the senate appointed by the committee on
committees;
(ii) One member of the house appointed by the speaker.
(D) Eight members appointed by the governor who are not state
government employees as follows:
(i) One member representing small-scale tourism and general
business interests;
(ii) One member representing large-scale tourism and general
business interests;
(iii) One member representing traditional outdoor recreational
interests such as hunting, fishing, and camping activities;
(iv) One member representing agricultural interests;
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(v) One member representing regional marketing organizations;
(vi) One member representing Vermont products manufacturing
interests;
(vii) One member with recognized professional experience and
expertise in marketing and advertising.
(viii) One member from the “Vermont Attractions” organization.
(2) The charge of the committee is as follows:
(A) Inventory, review, and describe all the functions and activities of
the current department of tourism and marketing. This review shall include the
“as-passed” fiscal year 2005 budget allocated to each function, including the
source of funds, the number of state employee positions, and operating
expenses allocated to each function.
(B) Inventory, review, and describe all marketing and promotional
activities performed by any another agency or department of state government.
This review shall include the “as-passed” fiscal year 2005 budget allocated to
each function including the source of funds, the number of state employee
positions, and operating expenses allocated to each function.
(C) Assess the functions and activities identified above and make
recommendations as to:
(i) The continuation of specific functions and activities;
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(ii) The benefits of consolidation of specific functions and
activities;
(iii) The redirection of resources among functions and activities;
(iv) The suitability of contracting with the private sector to
perform functions and activities;
(v) The most effective administrative and oversight structure for
managing the state investment of funds for marketing and promotional
purposes.
(D) Recommend a plan to restructure the tourism marketing and
promotional activities with a target implementation date of July 1, 2005. The
plan shall identify the state employee positions that would be affected by the
restructuring. The plan shall include any recommendations for amending state
statutes to implement the restructuring.
(E) Recommend key priorities to be included in a “request for
proposal” for the activities recommended for contracting.
(F) Use the following principles in making the assessments and
recommendations in subdivision (2)(C) of this subsection:
(i) Maximizing the value and utilization of the Vermont brand;
(ii) Maximizing the return on state expenditures for marketing and
promotion;
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SENATE PROPOSAL OF AMENDMENT
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(iii) Leveraging private sector funds and expertise to support and
complement these activities;
(iv) Undertaking marketing efforts which are coherent,
coordinated, effective, and, to the degree possible, measurable by relevant
criteria;
(v) Adopting any additional guidelines or principles in making its
assessments and recommendations.
(G) Submit a report on the its findings and recommendations to the
general assembly and the governor by November 15, 2004.
(c) There is appropriated $50,000.00 in general funds to the agency of
commerce and community development for the purposes of this section. Staff
assistance shall be provided by the department of tourism and marketing, the
agency of commerce and community development, the agency of
administration, the legislative council, and the joint fiscal office. Legislative
members shall be entitled to compensation under 32 V.S.A. § 1052.
Sec. 235. Vermont life
Personal services
690,000
Operating expenses
135,000
Total
825,000
Source of Funds
Enterprise funds
825,000
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 236. Vermont council on the arts
Grants
519,618
Source of Funds
General fund
519,618
(a) Included in the above appropriation is $25,000.00 to be used as
matching funds by the Vermont museum and gallery alliance for a statewide
restoration project of historical painted theatre curtains.
Sec. 237. Vermont symphony orchestra
Grants
101,960
Source of Funds
General fund
101,960
Sec. 238. Vermont historical society
Grants
527,660
Source of Funds
General fund
527,660
Sec. 239. Vermont housing and conservation board
Grants
23,898,112
Source of Funds
Special funds
13,613,246
Federal funds
10,284,866
Total
23,898,112
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SENATE PROPOSAL OF AMENDMENT
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(a) Of the above special fund appropriation, $400,000.00 shall be allocated
for a grant to the Vermont center for independent living for the home access
project to be used in a manner consistent with Vermont housing and
conservation fund guidelines.
Sec. 240. Vermont humanities council
Grants
150,599
Source of Funds
General fund
150,599
(a) Of the above appropriation, $20,000.00 shall be used to support the
connections program.
Sec. 240a. 10 V.S.A. § 637 is amended to read:
§ 637. SOVEREIGN IMMUNITY, CREDIT OF STATE NOT PLEDGED
The Agency Shall Have The Benefit Of Sovereign Immunity to the same
extent as the state of Vermont. Notwithstanding the foregoing, Obligations
obligations issued under the provisions of this chapter shall not be deemed to
constitute a debt or liability or obligation of the state or of any political
subdivision thereof or a pledge of the faith and credit of the state or of any
political subdivision but shall be payable solely from the revenues or assets of
the agency. Each obligation issued under this chapter shall contain on the face
thereof a statement to the effect that the agency shall not be obligated to pay
the same nor the interest thereon except from the revenues or assets pledged
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SENATE PROPOSAL OF AMENDMENT
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therefor and that neither the faith and credit nor the taxing power of the state or
of any political subdivision thereof is pledged to the payment of the principal
of or the interest on such obligations.
Sec. 241. Total commerce and community development
55,798,040
Source of Funds
General fund
14,621,023
Special funds
18,894,986
Federal funds
20,601,504
Enterprise funds
825,000
Interdepartmental transfer
855,527
Total
55,798,040
Sec. 242. 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.
(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.
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2003
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Sec. 243. Transportation - finance and administration
Personal services
8,337,296
Operating expenses
1,796,010
Total
10,133,306
Source of Funds
Transportation fund
9,658,306
Federal funds
Total
475,000
10,133,306
(a) The agency of transportation shall ensure that when Route 108 is closed
between Stowe and Jeffersonville, physical barriers shall be placed on the
roadway to prevent traffic from using the road. If the barriers are not in place,
notwithstanding any other law to the contrary, no citations shall be issued for
road use.
Sec. 243a. ROUTE 7 WATER LINE NEGOTIATIONS
(a) The secretary of transportation shall submit a status report on
discussions with Pownal Fire District #5 concerning allocation of costs and
financial arrangements regarding movement of a water line. This report shall
be filed with the joint fiscal office prior to the July 2004 meeting of the joint
fiscal committee.
Sec. 244. Transportation - aviation
Personal services
1,326,437
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SENATE PROPOSAL OF AMENDMENT
2003
Operating expenses
Grants
Total
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10,600,838
130,000
12,057,275
Source of Funds
Transportation fund
3,024,775
Federal funds
9,032,500
Total
12,057,275
Sec. 245. Transportation - buildings
Personal services
Operating expenses
Total
202,000
1,102,000
1,304,000
Source of Funds
Transportation fund
1,304,000
Sec. 246. Transportation - program development
Personal services
Operating expenses
Grants
Total
35,250,853
102,537,697
29,589,958
167,378,508
Source of Funds
Transportation fund
Local match
33,433,081
2,607,821
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SENATE PROPOSAL OF AMENDMENT
2003
Federal funds
Total
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131,337,606
167,378,508
Sec. 247. Transportation - interstate rest areas
Personal services
Operating expenses
Total
180,000
5,074,282
5,254,282
Source of Funds
Federal funds
5,254,282
Sec. 248. Transportation - maintenance state system
Personal services
29,175,042
Operating expenses
23,736,617
Grants
Total
582,300
53,493,959
Source of Funds
Transportation fund
Federal funds
Total
52,733,459
760,500
53,493,959
Sec. 249. Transportation - policy and planning
Personal services
Operating expenses
Grants
3,260,021
429,783
4,130,769
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SENATE PROPOSAL OF AMENDMENT
2003
Total
H.768
Page 206
7,820,573
Source of Funds
Transportation fund
1,742,221
Federal funds
6,078,352
Total
7,820,573
Sec. 250. Transportation - rail
Personal services
3,744,449
Operating expenses
4,105,787
Grants
2,860,000
Total
10,710,236
Source of Funds
Transportation fund
6,473,236
Federal funds
4,237,000
Total
10,710,236
Sec. 251. Transportation - public transit
Personal services
471,074
Operating expenses
742,112
Grants
Total
12,509,328
13,722,514
Source of Funds
Transportation fund
6,379,376
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SENATE PROPOSAL OF AMENDMENT
2003
Local match
Federal funds
Total
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67,500
7,275,638
13,722,514
Sec. 252. Transportation - central garage
Personal services
2,994,408
Operating expenses
7,995,537
Total
10,989,945
Source of Funds
Internal service funds
10,989,945
Sec. 253. Department of motor vehicles
Personal services
Operating expenses
Grants
Total
13,710,579
6,265,306
100,000
20,075,885
Source of Funds
Transportation fund
Federal funds
Total
19,112,258
963,627
20,075,885
(a) Of the above transportation fund appropriation, $127,483.00 shall be
transferred to the department of education, education quality, to support the
driver education program.
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 254. Transportation - town highway structures
Grants
3,494,500
Source of Funds
Transportation fund
3,494,500
(a) Notwithstanding any other provision of law, in fiscal year 2004, the
sum of $3,500,000.00 shall revert to the transportation fund from the town
highway structures account, account # 8100000300.
(b) Notwithstanding any other provision of law, in fiscal year 2005, the
sum of $492,122.00 shall revert to the transportation fund from the town
highway structures account, account # 8100000300.
Sec. 255. Transportation – town highway emergency fund
Grants
1
Source of Funds
Transportation fund
1
Sec. 256. Transportation - town highway Vermont local roads
Grants
677,333
Source of Funds
Transportation fund
537,333
Federal funds
140,000
Total
677,333
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 257. Transportation - town highway class 2 roadway
Grants
4,248,750
Source of Funds
Transportation fund
4,248,750
(a) Notwithstanding any other provision of law, in fiscal year 2004, the
sum of $1,500,000.00 shall revert to the transportation fund from the town
highway class 2 roadway account, account # 8100002600.
(b) Notwithstanding any other provision of law, in fiscal year 2005, the
sum of $280,473.00 shall revert to the transportation fund from the town
highway class 2 roadway account, account # 8100002600.
Sec. 258. Transportation - town highway bridges
Personal services
Operating expenses
Grants
Total
3,610,000
16,641,875
418,000
20,669,875
Source of Funds
Transportation fund
6,784,657
Local match
1,347,391
Federal funds
12,537,827
Total
20,669,875
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SENATE PROPOSAL OF AMENDMENT
2003
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Sec. 259. Transportation - town highway aid program
Grants
24,857,744
Source of Funds
Transportation fund
24,857,744
(a) The above appropriation is authorized, notwithstanding 19 V.S.A. §
306(a).
Sec. 260. Transportation - town highway class 1 supplemental grants
Grants
128,750
Source of Funds
Transportation fund
128,750
Sec. 261. Transportation - public assistance grant program
Grants
200,001
Source of Funds
Special fund
Federal funds
Total
1
200,000
200,001
Sec. 262. Transportation board
Personal services
68,138
Operating expenses
10,262
Total
78,400
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SENATE PROPOSAL OF AMENDMENT
2003
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Source of Funds
Transportation fund
Sec. 263. Total transportation
78,400
367,295,837
Source of Funds
Transportation fund
Special funds
Local match
Federal funds
Internal service funds
Total
Sec. 264. Debt service
173,990,847
1
4,022,712
178,292,332
10,989,945
367,295,837
65,481,831
Source of Funds
General fund
60,694,403
Transportation fund
2,328,310
Special funds
2,459,118
Total
Sec. 265. Total debt service
65,481,831
65,481,831
Source of Funds
General fund
60,694,403
Transportation fund
2,328,310
Special funds
2,459,118
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SENATE PROPOSAL OF AMENDMENT
2003
Total
H.768
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65,481,831
Sec. 266. MISCELLANEOUS ACTS OF THE 2004 SESSION
(a) Amounts are hereby appropriated in accordance with the provisions of all
house and senate bills which may be enacted by the 2004 session of the general
assembly.
Sec. 267. RELATIONSHIP TO CERTAIN EXISTING LAWS
(a) 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. 268. OFFSETTING APPROPRIATIONS
(a) In the absence of specific provisions to the contrary in this act, when total
appropriations are offset by estimated receipts, the state appropriations shall
control, notwithstanding receipts being greater or less than anticipated.
Sec. 269. FEDERAL FUNDS
(a) In fiscal year 2005, the governor, with the approval of the general
assembly or the joint fiscal committee if the general assembly is not in session,
may accept federal funds available to the state of Vermont, including block grants
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in lieu of or in addition to funds herein designated as federal. The governor, with
the approval of the general assembly or the joint fiscal committee if the general
assembly 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 2005, federal funds available to the state of Vermont
and designated as federal in this and other acts of the 2004 session of the
Vermont general assembly are converted into block grants or are abolished under
their current title in federal law and reestablished under a new title in federal law,
the governor may continue to accept such federal funds for any purpose
consistent with the purposes for which the federal funds were appropriated. The
governor may spend such funds for such purposes for no more than 45 days prior
to legislative or joint fiscal committee approval. Notice shall be given to the joint
fiscal committee without delay if the governor is intending to use the authority
granted by this section, and the joint fiscal committee shall meet in an expedited
manner to review the governor’s request for approval.
Sec. 270. 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
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SENATE PROPOSAL OF AMENDMENT
2003
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Public service department - sale of power
Tax department - unorganized towns and gores
(b) Notwithstanding any other provision of law, departmental indirect cost
recovery (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. 271. NEW POSITIONS
(a) Notwithstanding any other provision of law, the total number of
authorized state positions, both classified and exempt, excluding temporary
positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal
year 2005, except for new positions authorized by the 2004 session. Limited
service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this
restriction.
Sec. 271a. VACANT POSITION POOL
(a) The number of authorized positions in the state shall be reduced from
8,265 to 8,020; provided, however, that the positions reduced have been vacant
for at least six months.
(b) The secretary of administration shall reduce the number of vacant
positions in the pool established in 3 V.S.A. § 2222(i) to reflect this reduction
in authorized positions.
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Sec. 272. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) This act contains the following amounts appropriated from special funds
that receive revenue from the property transfer tax. Expenditures from these
appropriations shall not exceed available revenues:
(1) The sum of $288,000.00 is appropriated from the property valuation
and review administration special fund to the department of taxes for
administration of the use tax reimbursement program. Notwithstanding
32 V.S.A. § 9610(c), amounts above $288,000.00 that would otherwise be
deposited into the property valuation and review administration special fund shall
instead be deposited into the general fund.
(2) The sum of $12,604,000.00 is appropriated from the housing and
conservation trust fund to the housing and conservation trust board.
Notwithstanding 10 V.S.A. § 312, amounts above $12,604,000.00 from the
property transfer tax that would otherwise be deposited into the Vermont housing
and conservation trust fund shall instead be deposited into the general fund.
(3) The sum of $3,769,920.00 is appropriated from the municipal and
regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above
$3,769,920.00 from the property transfer tax that would otherwise be deposited
into the municipal and regional planning fund shall instead be deposited into the
general fund. The $3,769,920.00 shall be allocated as follows:
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(A) $2,638,944.00 for disbursement to regional planning commissions
in a manner consistent with 24 V.S.A. § 4306(b);
(B) $753,984.00 for disbursement to municipalities in a manner
consistent with 24 V.S.A. § 4306(b);
(C) $376,992.00 to the geographic information system.
Sec. 273. FISCAL YEAR 2006 PROPERTY TRANSFER TAX
ALLOCATIONS
(a) In fiscal year 2006, the appropriations made to the department of taxes,
the housing and conservation board, and the municipal and regional planning
fund for distribution for disbursement to regional planning commissions,
municipalities, and the geographic information system shall be increased five
percent above the level appropriated in fiscal year 2005 pursuant to Sec. 272 of
this act.
Sec. 274. [Deleted]
Sec. 275. [Deleted]
Sec. 276. [Deleted]
Sec. 277. SPECIAL EDUCATION; STATE FUNDING
(a) Notwithstanding Sec. 10(c) of No. 117 of the Acts of the 1999 Adj.
Sess. (2000), state funding pursuant to 16 V.S.A. § 2967(b) shall not exceed 60
percent for any fiscal year. If, in any fiscal year, the actual percentage increase
in the statewide total special education expenditures is less than the target
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increase, pursuant to Sec. 10(a) of No. 117 of the Acts of the 1999 Adj. Sess.
(2000), as amended by Sec. 42 of No. 68 of the Acts of 2003, and the actual
increase in the total K-12 service plans is more than the target increase, the
actual percentage increase will be used to determine the amount appropriated
for the ensuing fiscal year, pursuant to Sec. 10(b) of No. 117 of the Acts of the
1999 Adj. Sess. (2000).
Sec. 278. Sec. 10(b) of No. 117 of the Acts of the 1999 Adj. Sess. (2000) is
amended to read:
(b) Notwithstanding the provisions of chapter 101 of Title 16, in fiscal years
2002 through 2004, the amount appropriated by the general assembly to provide
state aid for special education shall be no more than the amount that would be
appropriated if statewide total special education expenditures grew by the target
amounts.
Sec. 279. TRANSPORTATION FUND TRANSFER
(a) The amount of $800,000.00 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.
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Sec. 280. GENERAL FUND TRANSFER
(a) With respect to the transfer of $3,100,000.00 of general funds to the
transportation fund in Sec. 81a of No. 80 of the Acts of 2004, and to the extent
and in the amount that general funds are transferred to the transportation fund
pursuant to Sec. 88 of No. 80 of the Acts of 2004, such amounts of fiscal year
2005 transportation fund appropriations shall not be included in the calculation
of the transportation fund budget stabilization reserve requirement for fiscal
year 2006 under 32 V.S.A. § 308a(b), nor in the calculation of allowable
transportation fund appropriations for fiscal year 2006 under 19 V.S.A. § 11a,
nor in the calculation of the transfer requirements for fiscal year 2006 of the
transportation equipment replacement account of the central garage fund under
19 V.S.A. § 13(c).
Sec. 281. 10 V.S.A. § 280a(a)(11) is added to read:
(11) a program that would award grants made to eligible and qualified
recipients as directed by the agency of agriculture, food and markets or the
agency of natural resources for the purpose of funding stream stability and
conservation reserve enhancement environmental initiatives approved by the
agencies, provided that the maximum amount of grants awarded by the
authority pursuant to the program shall not exceed $1,340,238.00 in the
aggregate.
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Sec. 282. SPECIAL DEBT REDUCTION ADJUSTMENT
(a) The state treasurer, in consultation with the secretary of administration,
shall negotiate an agreement for forgiveness of up to $1,340,238.00 of the
principal balance of the loan between the state of Vermont and the Vermont
economic development authority issued May 15, 2003. The negotiated
agreement shall require the Vermont economic development authority to make
grants in a like amount to eligible and qualified recipients as directed by the
agency of agriculture, food and markets or by the agency of natural resources
for the purpose of funding stream stability and conservation reserve
enhancement environmental initiatives approved by the agencies. The
agreement will also specify that the authority continue to make all payments
currently scheduled under the loan to the state until the remaining principal and
interest are paid in full.
Sec. 283. FISCAL YEAR 2004 AND 2005 TOBACCO SETTLEMENT
FUND BALANCE
(a) Notwithstanding Sec. 146(b) of No. 66 of the Acts of 2003, in fiscal
year 2004, any unexpended and unencumbered balance in the tobacco
litigation settlement fund not to exceed $600,000.00 shall at the close of the
fiscal year be transferred to the Vermont health access trust fund, and any
remaining balance shall remain in the tobacco litigation settlement fund.
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(b) Notwithstanding Sec. 146(b) of No. 66 of the Acts of 2003, in fiscal
year 2005, any unexpended and unencumbered balance in the tobacco
litigation settlement fund not to exceed $636,000.00 shall at the close of the
fiscal year remain in the tobacco litigation settlement fund.
Sec. 284. STATE EMPLOYEE RETIREMENT CHARGE ADJUSTMENT
(a) The fiscal year 2005 charge to departments for the state employee
retirement system shall not exceed 9.9 percent.
Sec. 285. Sec. 323(a)(1) and (2) of No. 66 of the Acts of 2003 as amended by
Sec. 70 of No. 80 of the Acts of 2004 are further amended to read:
(1) The sum of $523,190.00 from the general fund for fiscal year 2004
and the sum of $5,919,339.00 $5,743,862.00 from the general fund for fiscal
year 2005.
(2) The sum of $2,704,527.00 $1,458,637.00 from the transportation
fund for fiscal year 2005.
Sec. 286. Sec. 47 of No. 68 of the Acts of 2003 is amended to read:
Sec. 47. TEACHER NEGOTIATIONS; SUPERVISORY UNION LEVEL;
APPROPRIATION
(a) The board of a supervisory union in which the member boards are not
jointly negotiating teacher contracts or in which the boards are jointly
negotiating separate contracts and are seeking to negotiate a single supervisory
union contract may apply to the commissioner of education for a grant to work
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with its member districts to enter into an agreement to do so. Two or more
supervisory unions or supervisory districts may apply to the commissioner for
a grant to work together to create a regional bargaining initiative.
(b) The commissioner is authorized to award one grant of up to $5,000.00
to each a supervisory union board which applies for a grant under this section
to work with its member districts and grants of up to $5,000.00 to each
supervisory union or supervisory district seeking to work toward a regional
bargaining initiative.
***
Sec. 287. [Deleted]
Sec. 288. Sec. 293 of No. 66 of the Acts of 2003, as amended by Sec. 88 of
No. 80 of the Acts of 2004 is further amended to read:
Sec. 293. FISCAL YEAR 2004 DESIGNATED BALANCE (WATERFALL)
(a) At the close of fiscal year 2004, the fiscal year 2004 unreserved and
undesignated general fund balance on a budgetary basis, as determined by the
commissioner of finance and management on July 31, 2004, shall to the extent
funds are available:
(1) First, be transferred to the general fund budget stabilization reserve
to the extent necessary to attain its statutory maximum;
(2) Second, $12,560,000.00 $12,410,000.00 shall be transferred to the
general fund surplus reserve to be available for fiscal year 2005 expenditures;
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(3) Third, $1,000,000.00 shall be transferred to the transportation fund;
(4) Fourth, $2,500,000.00 shall be transferred to the human services
caseload reserve;
(5) Fifth, $250,000.00 shall be appropriated to the agency of human
services to support agency reorganization costs;
(6) Sixth, $500,000.00 shall be appropriated to department of buildings
and general services for construction and refit costs of the state crime lab;
(7) Seventh, $4,000,000.00 shall be transferred to the state teachers’
retirement fund;
(8) Eighth, $1,000,000.00 is appropriated to the secretary of human
services and may only be spent if the community-based services Federal 1115
waiver is approved. If the waiver is approved, the funds shall be transferred to
the department of aging and disabilities and used for a grants program for
community-based service infrastructure;
(9) Ninth, the next $14,000,000.00 shall be transferred in equal portions
to the extent available to the facilities operations revolving fund and the
financial management systems development special fund. An amount not to
exceed $1,560,000.00 of any remaining negative balance in the financial
management systems development special fund shall be listed as an
outstanding obligation in the transportation fund operating statement. This
allocation of negative fund balance shall be reduced by any application of
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transportation funds to the financial management systems development special
fund;
(5) Fifth (10) Tenth, any remaining funds shall be transferred to the
general fund surplus reserve established in Sec. 277(5) of No. 147 of the Acts
of 1998, as amended by Sec. 88 of No. 1 of the Acts of 1999. Said funds shall
remain in the general fund surplus reserve pending appropriation by the
legislature equally distributed between the Vermont health access trust fund
and a general fund reserve for school construction obligations of the state.
Sec. 289. FISCAL YEAR 2005 CONTINGENT APPROPRIATIONS AND
TRANSFERS
(a) In the event the official fiscal year 2005 fiscal year revenue forecast for
the available general fund adopted by the emergency board at its July 2004
meeting exceeds $925,030,000.00, there is appropriated to the extent available
the following:
(1) First, an amount not to exceed $250,000.00 to the defender general
for funding prisoners’ rights services.
(2) Second, an amount not to exceed $3,000,000.00 to the department of
corrections, $1,914,000.00 of which shall be used to implement policy and
operation changes identified by the department in response to the findings of
the investigative report issued in April 2004, $700,000.00 of which shall be
used to reduce overcrowding, and $386,000.00 of which shall be used to add
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three (3) additional work release specialists and three (3) additional youth
probation officers, one (1) of which shall be assigned to Bennington county.
(3) Third, an amount not to exceed $2,000,000.00 to the department of
social and rehabilitation services for child care caseload needs.
(b) Any undesignated balance in the general fund shall remain in the
general fund surplus reserve until appropriated by the general assembly.
Sec. 289a. FISCAL YEAR 2005 CONTINGENT DEPARTMENTAL
BUDGET ADJUSTMENT
(a) In the event that the official fiscal year 2005 fiscal year revenue forecast
for the available general fund adopted by the emergency board at its July 2004
meeting is below $925,030,000.00, the secretary of administration shall revert
to the general fund an amount not to exceed $550,000.00 of the shortfall from
general funds otherwise appropriated to meet agencies’ pay act obligations in
Sec. 285 of this act. The remaining pay act funds shall be distributed on a pro
rata basis.
Sec. 290. [Deleted]
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Sec. 291. Sec. 282 of No. 66 of the Act of 2003, as further amended by Sec.
74 of No. 80 of 2004 is amended to read:
Sec. 282. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) This act contains the following amounts appropriated from special funds
that receive revenue from the property transfer tax. Expenditures from these
appropriations shall not exceed available revenues:
(1) The sum of $288,000.00 is appropriated from the property valuation
and review administration special fund to the department of taxes for
administration of the use tax reimbursement program. Notwithstanding
32 V.S.A. § 9610(c), amounts above $288,000.00 from the property transfer tax
that would otherwise be deposited into the property valuation and review
administration special fund shall instead be deposited into the general fund.
***
Sec. 292. MEDICAL MALPRACTICE STUDY COMMITTEE
(a) A committee is established to study issues related to medical
malpractice actions and insurance.
(b) The committee shall consist of the following members:
(1) the commissioner of the department of banking, insurance,
securities, and health care administration or designee;
(2) the executive vice-president of the Vermont medical society or
designee;
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(3) the executive director of the Vermont hospital association or
designee;
(4) an attorney appointed by the Vermont trial lawyers association;
(5) a plaintiff’s attorney appointed by the Vermont bar association;
(6) the state health care ombudsman; and
(7) a member appointed by the American insurance association.
(c) The committee shall consider the following:
(1) whether and how medical malpractice lawsuits have affected
insurance costs for Vermont health care providers, including:
(A) whether jury verdicts and settlements in Vermont have had an
effect on insurance costs for Vermont health care providers; and
(B) whether jury verdicts and settlements in other states have had an
effect on insurance costs in those states, nationally, or in Vermont;
(2) if medical malpractice lawsuits have affected insurance costs for
Vermont health care providers, whether and how statutory changes could
reduce those costs;
(3) whether insurance costs for Vermont health care providers are rising
while the payments insurers make for medical malpractice claims are
decreasing, and if so, why this apparent discrepancy exists;
(4) whether factors other than medical malpractice actions have had an
effect on insurance costs for health care providers nationally and in Vermont;
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(5) whether and how caps on damages in medical malpractice actions
would affect insurance costs for Vermont health care providers, including
whether such caps enacted in other states have affected insurance costs for
health care providers in those states, nationally, or in Vermont;
(6) whether it would be feasible for the state to provide some assistance
to health care providers who have particularly high insurance costs, and how
such a system would operate;
(7) whether it would be feasible to create a fixed compensation system
for medical malpractice cases based on pre-set payment amounts for particular
types of injuries, including how such a system would operate and whether it
would have an impact on medical malpractice insurance costs;
(8) whether the state can and should require insurers to base their rates
on claims experience in Vermont;
(9) whether a Vermont health care facility which self-insures should be
required to do so with a Vermont-based captive insurer;
(10) whether any efforts have been or should be undertaken to reduce
the incidents of medical malpractice through the underwriting process;
(11) whether insurance reforms would have an impact on medical
malpractice insurance costs, including such reforms as improved experience
rating, public involvement in rate proceedings, compressing rate
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classifications, state reinsurance pools, improved self-insurance opportunities,
and disclosure of insurers’ investment and dividend income to policyholders;
(12) whether legislative action is necessary or advisable in the area of
medical malpractice actions, and, if so, particular recommendations for
legislation; and
(13) any other issues which the committee believes would have an
impact on the availability or affordability of medical malpractice insurance in
Vermont.
(d)(1) For purposes of assisting the committee to understand the factors
that contribute to the costs of medical malpractice insurance, the commissioner
of banking, insurance, securities, and health care administration shall have the
authority, pursuant to 8 V.S.A. § 13, to request the production of the following
information to a qualified independent third-party consultant engaged by the
commissioner:
(A) from hospitals in Vermont, the cost of medical malpractice
insurance, including the cost of reinsurance, for the hospital and its employees;
(B) from hospitals that are self-insured, their costs for medical
malpractice-related expenditures, including amounts spent on claims, defense
costs, and reinsurance;
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(C) from insurers providing medical malpractice insurance to health
care providers or health care facilities in Vermont, claim information relating
to those providers or facilities; and
(D) any other information that the commissioner determines to be
necessary.
(2) Information filed under this section shall be in a form to be
determined by the commissioner after consultation with the third-party
consultant, shall be provided only to the consultant and to the commissioner
for the sole purpose of carrying out the provisions of this section, shall be
otherwise confidential at all times, and shall not be subject to disclosure as a
public record under 1 V.S.A. § 316. It shall be made available to the
committee only in summary statistical form that does not identify individual
providers, health care facilities, or patients. Hospitals located outside this state
that serve a significant number of Vermont residents or employ a significant
number of health care professionals who also practice in Vermont, as
determined by the committee, shall be invited to report such information.
(e) The representative of the department of banking, insurance, securities,
and health care administration shall serve as chair of the committee.
(f) All members of the committee shall serve on the committee for the
duration of the study unless circumstances dictate a permanent replacement.
Vacancies shall be appointed in the same manner as original appointments.
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(g) The committee may meet for no more than 12 meetings or public
hearings and shall have such powers as are needed to carry out the purposes of
this section.
(h) The committee shall have the assistance and cooperation of the
department of banking, insurance, securities, and health care administration,
which shall provide professional and administrative support for the committee.
(i) Committee members who are not full-time state employees shall be
entitled to per diem and expenses as provided in 32 V.S.A. § 1010.
(j) The committee shall report its findings and recommendations, including
proposals for legislative action, to the general assembly and the governor no
later than December 15, 2005, whereupon it shall cease to exist.
Sec. 293. CRIMINAL CODE STUDY COMMITTEE
(a) The general assembly finds that the Vermont criminal code is in need of
a general review to ensure that it is comprehensive, clear, well-organized,
current, and consistent. The general assembly recognizes that a substantial
body of case law has been built upon the existing code, and a complete rewrite
of the code would likely result in years of litigation. Therefore, it is not the
intent that the code be entirely rewritten, but that a committee conduct an
examination of the code to identify how it could be improved in a balanced
manner that would be beneficial to all.
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(b) The criminal code study committee is established for the purpose of
reviewing all state criminal laws throughout the statutes and making
recommendations to the general assembly for reasonable necessary updates to
the criminal code.
(c) The committee shall consist of the following members:
(1) two members of the senate appointed by the committee on
committees;
(2) two members of the house of representatives appointed by the
speaker;
(3) the administrative judge, or designee, provided that the designee is a
sitting or retired Vermont judge;
(4) the executive director of the department of state’s attorneys and
sheriffs, or designee;
(5) the attorney general or designee;
(6) a representative of the Vermont police association;
(7) a state trooper appointed by the state police bargaining unit of the
Vermont state employees’ association;
(8) the defender general or designee;
(9) a staff public defender appointed by the defender general; and
(10) a defense attorney appointed by the Vermont bar association.
(d) The committee shall consider the following:
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(1) terms of imprisonment for consistency and appropriateness;
(2) fines for consistency and appropriateness;
(3) whether certain statutes should be amended for clarity;
(4) whether graduated degrees should be employed for offenses;
(5) whether older statutes should be updated;
(6) whether the statutes and chapters are organized efficiently;
(7) methods to identify and highlight annual changes in the law;
(8) any recommendations from the director of the law enforcement
division of the department of fish and wildlife; and
(9) any other issues the committee finds relevant to creating a
comprehensive and clear criminal code.
(e) The judge shall serve as chair of the committee. A vice chair may be
elected by the committee.
(f) Legislative members of the committee shall serve only while in office.
A substitute shall be appointed for a legislator who no longer serves in such
capacity. All other members of the committee shall serve on the committee for
the duration of the study unless circumstances dictate a permanent
replacement. Vacancies shall be appointed in the same manner as original
appointments.
(g) The committee shall have the assistance and cooperation of the
department of corrections, the department of social and rehabilitation services,
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the Vermont center for crime victim services, and all other state and local
agencies and departments. The legislative council and the joint fiscal office
shall provide professional and administrative support for the committee. The
committee may hold public hearings.
(h) Legislative members of the committee shall be entitled to per diem
compensation and reimbursement for expenses in accordance with 2 V.S.A.
§ 406. The member appointed by the bar association shall be entitled to per
diem compensation and reimbursement for expenses in the same manner as
legislative members.
(i) The committee findings and recommendations, including proposals for
legislative action, shall be presented to the general assembly and the governor
no later than December 15, 2006.
* * * General * * *
Sec. 294. 2 V.S.A. § 20(a) is amended to read:
(a) Notwithstanding any other provision of law Unless otherwise provided
by law, whenever it is required by statute, regulation, or otherwise that an
agency submit an annual, biennial, or other periodic report to the general
assembly, that requirement shall be met by submission by January 15 of copies
of the report, for activities in the preceding fiscal year, to the clerk of the
house, the secretary of the senate, the legislative council, and such individual
members of the general assembly or committees that specifically request a
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copy of the report. To the extent practicable, reports shall also be placed on
the agency’s internet website. No general distribution or mailing of such
reports shall be made to members of the general assembly.
Sec. 294a. REPEALS
(a) The following are repealed:
(1) 32 V.S.A. § 507 (fees received by salaried officers).
(2) 3 V.S.A. § 208 (report to governor concerning needs of
departments).
* * * Treasurer * * *
Sec. 294b. 32 V.S.A. § 110 is added to read:
§ 110. REPORTS
(a) The treasurer shall prepare and submit, consistent with 2 V.S.A.
§ 20(a), reports on the following subjects:
(1) The Vermont higher education endowment trust fund, pursuant to
16 V.S.A. § 2885(e).
(2) The firefighters’ survivors benefit expendable trust fund, pursuant
to 20 V.S.A. § 3175(b).
(3) The trust investment account, pursuant to 32 V.S.A. § 434(a)(5).
(4) Charges for credit card usage by agency, department, or the
judiciary, pursuant to 32 V.S.A. § 583(f).
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(5) Transfers of unspent proceeds derived from the sale of state bonds
or notes, pursuant to 32 V.S.A. § 954(c).
(b) Reports required to be submitted to the general assembly annually by
January 15 shall be consolidated in a single document.
Sec. 294c. REPEALS
(a) The following are repealed:
(1) 3 V.S.A. § 576(e)(2) (estimate of appropriations to the Social
Security contribution fund).
(2) 32 V.S.A. § 4733 (abstract of tax warrants).
Sec. 294d. 16 V.S.A. § 2885(e) is amended to read:
(e) Annually, by September 30, the state treasurer shall render a financial
report on the receipts, disbursements and earnings of the fund for the preceding
fiscal year to the commission on higher education funding.
Sec. 294e. 32 V.S.A. § 434(a)(5) is amended to read:
(5) Annually, the treasurer shall prepare a report to the general assembly
on the financial activity of the trust investment account.
* * * Vermont State Employees’ Retirement Board * * *
Sec. 294f. 3 V.S.A. § 471a is added to read:
§ 471a. REPORTS
(a) The board shall prepare and submit, consistent with 2 V.S.A. § 20(a),
reports on the following subjects:
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(1) The fiscal transactions of the retirement system, pursuant to
3 V.S.A. § 471(g).
(2) The results of an actuarial reevaluation of the retirement fund,
pursuant to 3 V.S.A. § 473a.
(b) Reports required to be submitted to the general assembly annually by
January 15 shall be consolidated in a single document.
Sec. 294g. 3 V.S.A. § 471(g) is amended to read:
(g) The retirement board shall keep a record of all its proceedings, which
shall be open to public inspection. It shall publish annually and distribute to
the general assembly a report showing the fiscal transactions of the retirement
system for the preceding fiscal year, the amount of the accumulated cash and
securities of the system, and the last balance sheet showing the financial
condition of the retirement system by means of an actuarial valuation of the
assets and liabilities of the system.
* * * Capital Debt Affordability Advisory Committee * * *
Sec. 294h. 32 V.S.A. § 1001a is added to read:
§ 1001a. REPORTS
The capital debt affordability advisory committee shall prepare and
submit, consistent with 2 V.S.A. § 20(a), a report on general obligation debt,
pursuant to subsection 1001(c) of this title.
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* * * Vermont Municipal Bond Bank * * *
Sec. 294i. 24 V.S.A. § 4571a is added to read:
§ 4571a. REPORTS
(a) The Vermont municipal bond bank shall prepare and submit, consistent
with 2 V.S.A. § 20(a), a report on activities for the preceding calendar year,
pursuant to section 4594 of this title.
* * * Vermont Educational and Health Buildings Financing Agency * * *
Sec. 294j. 16 V.S.A. § 3862 is amended to read:
§ 3862. REPORTS
The Vermont educational and health buildings financing agency shall
prepare and submit, consistent with 2 V.S.A. § 20(a), a report The agency shall
prepare and submit a complete report to the governor annually by January 15
listing all projects applied for, planned, in progress and completed, and a
complete financial report duly audited and certified by a certified public
accountant to be distributed in the same way as state departmental reports.
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* * * Department of Banking, Insurance, Securities, and
Health Care Administration * * *
Sec. 294k. 8 V.S.A. § 14 is amended to read:
§ 14. ANNUAL REPORT AND DISTRIBUTION OF ANNUAL REPORT
REPORTS
(a) The commissioner of banking, insurance, securities, and health care
administration shall prepare and submit, consistent with 2 V.S.A. § 20(a),
reports on the following subjects:
(a)(1)(A) The commissioner shall report annually, on or before June 1, to
the governor as to the conditions of persons regulated by the banking division.
and The commissioner shall report annually, on or before September 1, to the
governor as to the conditions of all insurance companies chartered by or doing
business in this state. The reports may be separate and shall contain statements
as to the financial condition of each institution, and any other information or
recommendations which the commissioner deems appropriate. The report shall
also contain a review of the rules of the department, regardless of the process
for adopting such rules, at a frequency such that each rule is reviewed at least
every five years for efficiency and effectiveness in carrying out the policies
and goals of this state relating to financial institutions, insurance mechanisms
and the sale of investments.
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(b)(B) The annual report of the commissioner required by this section
subdivision shall contain a listing of subsidiary and affiliate organizations
formed or owned by a Vermont financial institution for the purpose of
engaging in any of the powers authorized by section 14106 of this title. The
report shall also contain a listing of the amount of a Vermont financial
institution's loans and assets invested in such organizations.
(c)(C) The commissioner shall cause the annual report to be published
for general distribution, and shall distribute them to each member of the house
commerce and senate finance committees of the general assembly, to other
members of the general assembly under section 20 of Title 2 and to others as
the commissioner deems appropriate. Such distribution may be effected
electronically or by other similar means.
(2) The managed behavioral health care organizations task force,
pursuant to subsection 4089b(g) of this title.
(3) Health care budget projections, pursuant to 18 V.S.A. § 9406(b)(4).
(b) Reports required to be submitted to the general assembly annually by
January 15 shall be consolidated in a single document.
Sec. 294l. Sec. 25 of No. 53 of the Acts of 2003 is amended to read:
Sec. 25. REPORT ON COLLABORATION AMONG HOSPITALS
The commissioner of banking, insurance, securities, and health care
administration shall invite Fletcher Allen Health Care and the Dartmouth
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Hitchcock Medical Center to identify fields of excellence or discrete areas of
specialty focus for the respective health care institutions, and to make
recommendations for collaboration. The commissioner shall report to the
general assembly on or before December 15, 2003 and annually thereafter
through December 15, 2005 on the progress of the collaboration.
Sec. 294m. 18 V.S.A. § 9406(b)(4) is amended to read:
(4) The division shall prepare a report of the final projections made
under this subsection, and file the report with the general assembly on or
before January 115 of each year.
* * * Department of Labor and Industry * * *
Sec. 294n. 21 V.S.A. § 1a is added to read:
§1a. REPORTS
(a) The commissioner of labor and industry shall prepare and submit,
consistent with 2 V.S.A. § 20(a), reports on the following subjects:
(1) Activities of the state fire marshal, pursuant to 20 V.S.A. § 2681(a).
(2) Injuries resulting from the use of fireworks and sparklers, pursuant
to 20 V.S.A. § 3132(b).
(3) Inspected state buildings, pursuant to section 255 of this title.
(4) Attorney’s fees, pursuant to subsection 678(c) of this title.
(b) Reports required to be submitted to the general assembly annually by
January 15 shall be consolidated in a single document.
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Sec. 294o. REPEALS
(a) The following are repealed:
(1) Sec. 4 of No. 15 of the Acts of 2003 (annual sparkler report
distribution).
(2) 21 V.S.A. § 707 (workers’ compensation report to the governor).
(3) 21 V.S.A. § 1313 (employment stabilization).
Sec. 294p. 20 V.S.A. § 2681(a) is amended to read:
(a) The commissioner of public safety shall be ex-officio ex officio fire
marshal. The commissioner of labor and industry shall annually by January 15
submit to the governor a detailed report as fire marshal which shall be included
in his annual report to the governor, prepared in collaboration with the fire
marshal. A copy of this report shall be mailed to each fire department paid or
volunteer, in the state of Vermont. Subject to the approval of the governor, the
commissioner may appoint a deputy fire marshal, and other necessary
assistants, who shall assist him or her as state fire marshal.
Sec. 294q. 20 V.S.A. § 3132(b) is amended to read:
(b) The state fire marshal shall have power to adopt reasonable rules and
regulations for granting permits for supervised public displays of fireworks by
municipalities, fair associations, amusement parks, and other organizations or
groups of individuals. The state fire marshal and the department of labor and
industry shall compile an annual report of all injuries to person and property
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resulting from the use of fireworks and sparklers reported for the preceding
fiscal year. The commissioner of labor and industry shall annually by
January 15 submit the report to the house committee on general, housing and
military affairs and the senate committee on economic development, housing
and general affairs.
Sec. 294r. 21 V.S.A. § 252(d) is amended to read:
(d) The commissioner shall make all practical efforts to process permits in
a prompt manner. The commissioner shall establish time limits for permit
processing as well as procedures and time periods within which to notify
applicants whether an application is complete. The commissioner shall report
annually by February 15 to the house and senate committees on general affairs
and government operations. The annual report shall assess the agency's
performance in meeting the limits; identify areas which hinder effective
agency performance; list fees collected for each permit; summarize changes
made by the agency to improve performance; describe staffing needs for the
coming year; and certify that the revenue from the fees collected is at least
equal to the costs associated with those positions.
Sec. 294s. 21 V.S.A. § 255 is amended to read:
§ 255. STATE BUILDINGS
The commissioner shall biennially cause an examination to be made of all
state buildings and shall report his findings and recommendations to the
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secretary of administration on or before July 1 of odd-numbered years establish
a risk classification system for all state buildings. State buildings classified as
high or medium risk shall be inspected at least every five years, and the
commissioner’s findings and recommendations shall be reported to the
secretary of administration.
* * * Department of Public Safety * * *
Sec. 294t. 20 V.S.A. § 1872a is added to read:
§ 1872a. REPORTS
(a) The commissioner of public safety is responsible for preparing and
submitting, consistent with 2 V.S.A. § 20(a), reports on the following:
(1) The radiological emergency response plan fund, pursuant to
subdivision 38(a)(4) of this title.
(2) DUI reduction and enforcement program, pursuant to Sec. 3(a) and
(b) of No. 117 of the Acts of the 1997 Adj. Sess. (1998).
(b) Reports required to be submitted to the general assembly annually by
January 15 shall be consolidated in a single document.
Sec. 294u. PUBLIC SAFETY; QUARTERLY REPORTS
The following language in Sec. 7 of No. 260 of the Acts of 1972 and Sec. 7
of No. 77 of the Acts of 1973 is repealed: “The commissioner of public safety
will submit a confidential quarterly report to the legislature or the emergency
board if the legislature is not in session, of all expenditures made from the
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imprest cash fund.” The following language in Sec. 7 (ww) of No. 262 of the
Acts of 1974 and Sec. 7(rr)(2) of No. 118 of the Acts of 1975 is repealed:
“The commissioner of public safety shall submit a confidential quarterly report
to the legislature or the emergency board if the legislature is not in session, of
all expenditures made from the imprest cash fund.”
Sec. 294v. REPEALS
(a) The following are repealed:
(1) Sec. 10a of No. 78 of the Acts of 1989 (use of retired state police
officers).
(2) Sec. 61 of No. 66 of the Acts of the 1999 Adj. Sess. (2000) (Brady
law record checks).
(3) Sec. 7(b) of No. 142 of the Acts of the 1999 Adj. Sess. (2000)
(consolidation of dispatch centers).
(4) Sec. 19(c)(4) of No. 148 of the Acts of the 1999 Adj. Sess. (2000)
(record of E-911 activities).
(5) Sec. 33(b) of No. 160 of the Acts of the 1999 Adj. Sess. (2000) (use
of video cameras).
(6) Sec. 18(a) of No. 49 of the Acts of the 2001 (Byrne Grant
recipients).
(7) 20 V.S.A. § 1953(m) (activities of the New England State Police
Administrators’ Conference).
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(8) 20 V.S.A. § 2304 (unlawful firearms).
* * * Department of Education * * *
Sec 294w. REPEALS
(a) The following are repealed:
(1) 16 V.S.A. § 1533(c) (in coordination with the Vermont advisory
council on vocational education, commissioner’s evaluation of the
effectiveness of vocational centers).
(2) 16 V.S.A. § 1534(c) (in coordination with the Vermont advisory
council on vocational education, commissioner’s evaluation of the
effectiveness of each course of study offered by vocational centers).
(3) 16 V.S.A. § 2062 (publication of all interstate educational personnel
contracts).
(4) 16 V.S.A. § 2952 (report on education of children with disabilities).
(5) 16 V.S.A. § 4027(a) (data and calculation used to determine the
predictable yield).
(6) Sec. 15(d) of Act 138 of 1998 (recommendations for technical
education).
* * * Statewide Elected Officers * * *
Sec. 295. 32 V.S.A. § 1003(a) is amended to read:
(a) Each elective officer of the executive department is entitled to an annual
salary as follows:
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Governor
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Annual
Annual
Salary
Salary
as of
as of
July 13,
July 11,
2003
2004
$127,456
$133,166
Lieutenant Governor
54,103
56,527
Secretary of State
80,818
84,439
State Treasurer
80,818
84,439
Auditor of Accounts
80,818
84,439
Attorney General
96,752
101,086
* * * Executive Agency, Department, and Division Heads * * *
Sec. 295a. 32 V.S.A. § 1003(b) is amended to read:
(b) The governor may appoint each officer of the executive branch listed in
this subsection at a starting salary ranging from the base salary stated for that
position to a salary which does not exceed the maximum salary unless
otherwise authorized by this subsection. The maximum salary for each
appointive officer shall be 50 percent above the base salary. Annually, the
governor may grant to each of those officers an annual salary adjustment
subject to the maximum salary. The annual salary adjustment granted to
officers under this subsection shall not exceed the average of the total rate of
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adjustment available to classified employees under the collective bargaining
agreement then in effect. In addition to the annual salary adjustment specified
in this subsection, the governor may grant a special salary increase subject to
the maximum salary, or a bonus, to any officer listed in this subsection whose
job duties have significantly increased, or whose contributions to the state in
the preceding year are deemed especially significant. Special salary increases
or bonuses granted to any individual shall not exceed the average of the total
rate of adjustment available to classified employees under the collective
bargaining agreement then in effect.
(1) Heads of the following departments, offices, and agencies:
(A) Administration
Base
Base
Salary as
Salary as
of July 13,
of July 11,
2003
2004
$77,072
$80,525
(B) Aging and disabilities
65,358
68,286
(C) Agriculture, food and markets
65,358
80,525
and health care administration
72,052
75,280
(E) Buildings and general services
72,052
75,280
(D) Banking, insurance, securities,
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(F) Commerce and community development
77,072
80,525
(G) Corrections
72,052
75,280
(H) Defender general
65,358
68,286
72,052
75,280
(J) Economic development
65,358
68,286
(K) Education
72,052
75,280
(L) Employment and training
72,052
75,280
(M) Environmental board chairperson
65,358
68,286
(N) Environmental conservation
72,052
75,280
(O) Finance and management
72,052
75,280
(P) Fish and wildlife
65,358
68,286
(Q) Forests, parks and recreation
65,358
68,286
(R) Health
72,052
75,280
(S) Housing and community affairs
65,358
68,286
(T) Human services
77,072
80,525
(I) Developmental and mental
health services
(U) Information and innovation
75,280
(V) Labor and industry
65,358
68,286
(V)(W) Libraries
65,358
68,286
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(W)(X) Liquor control
65,358
68,286
(X)(Y) Lottery
65,358
68,286
(Y)(Z) Military
65,358
68,286
(Z)(AA) Motor vehicles
65,358
68,286
(AA)(BB) Natural resources
77,072
80,525
(BB)(CC) Personnel
65,358
75,280
(CC)(DD) Prevention, assistance, transition,
and health access
72,052
75,280
(DD)(EE) Public safety
72,052
75,280
(EE)(FF) Public service
72,052
75,280
(FF)(GG) Social and rehabilitation services 72,052
75,280
(GG)(HH) Taxes
65,358
75,280
(HH)(II) Tourism and marketing
65,358
68,286
(II)(JJ) Transportation
77,072
80,525
(JJ)(KK) Veterans’ home
65,358
68,286
(2) Directors of the following divisions, offices, and boards:
The secretary of administration may include the following positions in any
pay plans which may be established under the authority of section subsection
1020(c) of this title, provided the minimum hiring rate does not fall below that
in this section.
Base Salary
Base Salary
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as of July 13,
as of July 11,
2003
2004
$55,409
$57,891
(B) Economic opportunity
55,409
57,891
(C) Professional regulation
55,409
57,891
(A) Child support
(3) If the chairperson of the environmental board is employed on less
than a full-time basis, the hiring and salary maximums for that position shall be
reduced proportionately.
(4) When a permanent employee is appointed to an exempt position, the
governor may authorize such employee to retain the present salary even though
it is in excess of any salary maximum provided in statute.
* * * Judicial Branch * * *
Sec. 295b. 32 V.S.A. § 1003(c) is amended to read:
(c) The annual salaries of the officers of the judicial branch named below
shall be as follows:
Annual Salary Annual Salary
as of July 13,
as of
2003
July 11,
2004
(1) Chief justice of supreme court
(2) Each associate justice
$115,016
$120,169
109,771
114,689
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(3) Administrative judge
109,771
114,689
(4) Each superior judge
104,355
109,030
(5) Each district judge
104,355
109,030
(6) Each magistrate
78,682
82,207
(7) Each judicial bureau hearing officer
78,682
82,207
* * * Legislative Branch * * *
Sec. 295c. 32 V.S.A. § 1053a is amended to read:
§ 1053a. LEGISLATIVE PAGES
Legislative pages shall be entitled to a weekly compensation of $110.00
effective July 1, 2001 and $115.00 effective July 4, 2002, and a weekly
expense allowance of $60.00 for those who commute and $95.00 for those who
rent a room in the Montpelier area. Pages will be paid in the same manner as
members of the general assembly.
Sec. 295d. 2 V.S.A. § 63(a) is amended to read:
(a) The base salary for the sergeant at arms shall be $36,245.61 as of
July 13, 2003 $37,869 as of July 11, 2004.
* * * Assistant Judges * * *
Sec. 295e. 32 V.S.A. § 1141(a) is amended to read:
(a) Each assistant judge of the superior court shall receive $120.64 a day as
of July 13, 2003 compensation at the daily rate of $126.04 a day as of July 11,
2004 for time spent in the performance of official duties and necessary
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expenses as allowed to classified state employees.
* * * Probate Judges * * *
Sec. 295f. 32 V.S.A. § 1142(a) is amended to read:
(a) The annual salaries of the judges of probate in the several probate
districts, which shall be paid by the state in lieu of all fees or other
compensation, shall be as follows:
(1) Addison
Annual Salary
Annual Salary
as of
as of
July 13, 2003
July 11, 2004
$50,384
$52,641
(2) Bennington
43,791
45,753
(3) Caledonia
50,384
52,641
(4) Chittenden
77,630
81,108
(5) Essex
24,505
25,603
(6) Fair Haven
37,025
38,684
(7) Franklin
50,384
52,641
(8) Grand Isle
24,505
25,603
(9) Hartford
50,384
52,641
(10) Lamoille
37,025
38,684
(11) Manchester
37,025
38,684
(12) Marlboro
43,791
45,753
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(13) Orange
43,791
45,753
(14) Orleans
43,791
45,753
(15) Rutland
64,429
67,315
(16) Washington
64,429
67,315
(17) Westminster
37,025
38,684
(18) Windsor
43,791
45,753
* * * County Clerks * * *
Sec. 295g. 32 V.S.A. § 1181 is amended to read:
§ 1181. COUNTY CLERKS
The annual salaries of the county clerks in the respective counties which
shall be paid by the state in lieu of all fees or other compensation paid by the
state, shall be as follows:
Annual Salary Annual Salary
as of
as of
July 13, 2003 July 11, 2004
(1) Addison County
$54,890
$57,349
(2) Bennington County
54,890
57,349
(3) Caledonia County
54,890
57,349
(4) Chittenden County
66,409
69,384
(5) Essex County
29,828
31,164
(6) Franklin County
54,890
57,349
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(7) Grand Isle County
29,828
31,164
(8) Lamoille County
54,890
57,349
(9) Orange County
54,890
57,349
(10) Orleans County
54,890
57,349
(11) Rutland County
61,084
63,821
(12) Washington County
61,084
63,821
(13) Windham County
54,890
57,349
(14) Windsor County
58,211
60,819
* * * Sheriffs * * *
Sec. 295h. 32 V.S.A. § 1182(a) is amended to read:
(a) The annual salaries of the sheriffs of all counties except Chittenden
shall be $55,896 as of July 13, 2003 $58,400.00 as of July 11, 2004. The
annual salary of the sheriff of Chittenden County shall be $59,152 as of
July 13, 2003 $61,802.00 as of July 11, 2004.
* * * State’s Attorneys * * *
Sec. 295i. 32 V.S.A. § 1183(a) is amended to read:
(a) The annual salaries of state’s attorneys shall be:
(1) Addison County
Annual Salary
Annual Salary
as of
as of
July 13, 2003
July 11, 2004
$75,607
$78,994
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(2) Bennington County
75,607
78,994
(3) Caledonia County
75,607
78,994
(4) Chittenden County
79,046
82,587
(5) Essex County
56,706
59,246
(6) Franklin County
75,607
78,994
(7) Grand Isle County
56,706
59,246
(8) Lamoille County
75,607
78,994
(9) Orange County
75,607
78,994
(10) Orleans County
75,607
78,994
(11) Rutland County
75,607
78,994
(12) Washington County
75,607
78,994
(13) Windham County
75,607
78,994
(14) Windsor County
75,607
78,994
* * * Miscellaneous * * *
Sec. 295j. 3 V.S.A. § 479(a) is amended to read:
(a) As provided under section 631 of this title, a member who is insured by
the respective group insurance plans immediately preceding his the member’s
effective date of retirement shall be entitled to continuation of group insurance
as follows:
(1) coverage in the group medical benefit plan provided by the state of
Vermont for active state employees; and
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(2) members who have completed 20 years of creditable service at their
effective date of retirement shall be entitled to the continuation of life
insurance in the amount of $3,000.00 $5,000.00.
Sec. 295k. 3 V.S.A. § 631 is amended to read:
§ 631. GROUP INSURANCE FOR STATE EMPLOYEES; SALARY
DEDUCTIONS FOR INSURANCE, SAVINGS PLANS, AND
CREDIT UNIONS
(a)(1) The secretary of administration may contract on behalf of the state
with any insurance company or nonprofit association doing business in this
state to secure the benefits of franchise or group insurance. Beginning July 1,
1978, the terms of coverage under the policy shall be determined under section
904 of this title, but it may include:
(A) life, disability, health, and accident insurance and benefits for
any class or classes of state employees; and
(B) hospital, surgical, and medical benefits for any class or classes of
state employees or for those employees and any class or classes of their
dependents.
(2)(A) The term “employees” as used in this section shall include among
others any class or classes of elected or appointed officials, but it shall not
include members of the general assembly as such, nor shall it include any
person rendering service on a retainer or fee basis, members of boards or
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commissions, or persons other than employees of the Vermont historical
society, the Vermont film corporation, the Vermont state employees’ credit
union, Vermont state employees’ association, and the Vermont council on the
arts, whose compensation for service is not paid from the state treasury, nor
shall it include any elected or appointed official unless the official is actively
engaged in and devoting substantially full time to the conduct of the business
of his or her public office. For purposes of group life and group
hospital-surgical-medical expense insurance, the term “employees” shall
include employees as defined herein and employees who are retired and are
receiving a retirement allowance from the Vermont employees’ state
retirement system or the Vermont state police and motor vehicle inspectors’
retirement system or the state teachers’ retirement system of Vermont and, for
the purposes of group life insurance only, are retired on or after July 1, 1961,
and have completed 20 creditable years of service with the state before their
retirement dates and are insured for group life insurance on their retirement
dates. For purposes of group hospital-surgical-medical expense insurance
only, the term “employees” shall include employees as defined in this
subdivision and employees who are receiving a retirement allowance based
upon their employment with the Vermont state employees’ association, the
Vermont state employees’ credit union, the Vermont council on the arts, as
long as they are covered as active employees on their retirement date, and:
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(i) they have at least 20 years of service with that employer; or
(ii) have attained 62 years of age, and have at least 15 years
service with that employer.
(B) The premiums for extending insurance coverage to employees
shall be paid in full by the Vermont historical society, the Vermont film
corporation, the Vermont state employees’ association, the Vermont state
employees’ credit union, the Vermont council on the arts, or their respective
retirees. Nothing herein creates a legal obligation on the part of the state of
Vermont to pay any portion of the premiums required to extend insurance
coverage to this group of employees.
***
(6) The state treasurer and commissioner of personnel, with the approval
of the governor, shall deduct from a state employee’s compensation such
amounts for group insurance or assessments for benefits for dependents as
defined in subdivision (3) of this subsection when so requested by the
employee and shall pay apply the same forthwith to the insurance company or
association cost of such benefits.
***
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Sec. 295l. REDESIGNATION OF THE DEPARTMENT OF PERSONNEL
AS THE DEPARTMENT OF HUMAN RESOURCES
(a) Notwithstanding any other provision of this act and any other provision
of law, the term “department of personnel” is amended to read “department of
human resources” wherever such term appears in this act or in the Vermont
Statutes Annotated. The term “commissioner of personnel” is amended to read
“commissioner of human resources” wherever such term appears in this act or
in the Vermont Statutes Annotated. In implementing the redesignations
authorized by this section, the commissioner of human resources shall create
and carry out a plan for the purpose of ensuring that all related modifications to
equipment, documents, and supplies bearing the name of the department shall
be done in a manner that minimizes cost and maximizes use of current
inventories of consumable supplies.
Sec. 296. EFFECTIVE DATES
(a) This section and Secs. 10, 33, 36, 120a, 130, 131, 132, 133, 141(a)-(d),
205a, 211a, 234a(a)-(b), 254(a), 257(a), 281, 282, 283(a), 288, and 291 of this act
shall be effective on passage.
(b) Sec. 129 shall be effective on passage, and the amendment to Sec. 147(d)
of No. 66 of the Acts of 2003 shall apply as of February 1, 2004.
(c) Secs. 273, 274, 275, and 276 shall be effective July 1, 2005.
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SENATE PROPOSAL OF AMENDMENT
2003
H.768
Page 260
(d) Secs. 295, relating to statewide elected officials; 295a, relating to
executive agency, department, and division heads; 295b, relating to the judicial
branch; 295c and 295d, relating to the legislative branch; and 295e, 295f, 295g,
295h, and 295i, relating to assistant judges, probate judges, county clerks,
sheriffs, and state’s attorneys, respectively, shall take effect from July 11,
2004.
(e) Sec. 128p of this act shall take effect when the waiver program
authorized under subsection 2003(b) takes effect.
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