statement of legislative intent - leg.state.vt.us fy 2002 (act... · the attached statement of...

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STATEMENT OF LEGISLATIVE INTENT

OMNIBUS APPROPRIATIONS ACT

The attached statement of legislative intent in regard to Act Number 63 of the 2001 session is designed to guide decision-makers in the Executive, Judicial and Legislative branches. It was prepared by the staff of the Joint Fiscal Office and is based on deliberations by the Appropriations Committee in both the House of Representatives and Senate, on testimony presented to those committees, on floor debate in both chambers, and on the conclusions reached by the committee of conference. The sections which become effective upon passage have been noted. Sen. Susan J. Bartlett Rep. Richard A. Westman Chair, Senate Appropriations Committee Chair, House Appropriations Committee Date Date

Table of Contents

General Government...................................................................................................................................................2

Protection .....................................................................................................................................................................3

Human Services ...........................................................................................................................................................6

Employment and Training........................................................................................................................................13

General Education.....................................................................................................................................................14

Higher Education.......................................................................................................................................................17

Natural Resources......................................................................................................................................................17

Commerce and Community Development...............................................................................................................18

Transportation...........................................................................................................................................................18

FY2001 Transfers, One-Time Appropriations and Surplus Uses .........................................................................21

FY2002 Transfers, One-Time Appropriations and Surplus Uses .........................................................................23

Miscellaneous Sections ..............................................................................................................................................28

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GENERAL GOVERNMENT Sec. 5a Fiscal Year 2003 Budget Presentation - Adds language that requires the

secretary of administration to ensure documents that support the FY 2003 budget request include information regarding grants anticipated to be received as sources of funds, grants anticipated to be available to regional or local community organizations or nonprofits and contractual services.

Sec. 10 Financial Operations - Establishes one new information technology specialist

position needed for implementation of the “VISION” system. Sec. 13 Buildings and General Services – Administration - Reduces the general fund

appropriation by $8,627 as a general budget reduction. Sec. 13a PILOT Funding Requirement – Study - Adds language that requires the

administration to study and develop a proposal, as part of the implementation of the fee for space in FY 2003, that charges agencies to reflect full PILOT obligations. Specifically, the study shall consider a requirement that, over a four-year implementation period, PILOT payments which are allocable to the portion of state-owned property used by agencies and departments, shall be billed as space costs within agency budgets. The study shall have as a goal, full recognition of PILOT costs in agency budgets by FY 2007. A progress report on this study shall be presented to the joint fiscal committee at its September meeting.

Sec. 13b Special Committee on Vermont Department of Buildings and General

Services - Establishes a special five member legislative committee on buildings and general services management operations. The committee may meet up to four times and will dissolve on January 1, 2002. The committee may conduct a review of the department of buildings and general services management operations; assess the efficiency in building management and resource utilization; and develop standardized performance benchmarks.

Sec. 14 Buildings and General Services - Facilities Operations - Reduces the general

fund appropriation by $415,000 as a general budget reduction. Sec. 20 Buildings and General Services - Purchasing - Reduces the general fund

appropriation by $4,293 as a general budget reduction. Sec. 28 Buildings and General Services - Information Centers - Increases

transportation fund by $163,726 and reduces general fund by $163,726. This fund swap corresponds to a similar fund swap in Sec. 217 to place all transportation fund related to rest areas in this appropriation.

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Sec. 29 Tax - Administration/Collection - Adds $58,000 tobacco settlement funds to fund a newly established tax examiner position. In conjunction with the Attorney General’s Office, this position will provide the oversight, enforcement and data collection to meet the “non-participating manufacturer” requirements in the tobacco settlement agreement.

Sec. 40 Use Tax Reimbursement - Municipal Current Use – Reduces the general funds

appropriation by $50,000 reflecting the amount of available carryforward. Adds language, in subsection (a), that allows an exemption for current use payments in FY 2002 to towns affected by the enrollment of Champion Land purchased by Essex Timber Company and enrolled in the current use program in FY 2002. Normally current use payments are made in the year following enrollment. This language allows payment in the same year as enrollment. Subsection (b) identifies that part of the funding for the estimated $50,000 cost will be from carryforward funds available in the one-time appropriation made for property tax payments when the Champion Land was acquired.

Sec. 40a Study on Land Use Implications of Tax Policy Changes - Adds language that

directs the Legislative Council to procure a consulting report that provides findings and recommendations with respect to the land use impacts that would occur from revisions to the current use program and expanding the size of the homestead in Act 60. The report, including considerations of equity, efficiency and consistency, is due January 15, 2002.

Sec. 42 Legislature - Adds $177,000 general funds to meet budget needs for 16 week

session. Sec. 43 Legislative Council - Adds $24,394 general funds to meet estimated budget

needs. Sec. 44 Sergeant at Arms - Adds $56,445 general funds for a newly established capitol

security officer position and to meet estimated budget needs. Sec. 45 Joint Fiscal Committee - Adds $16,434 general funds to meet estimated budget

needs. Sec. 47 PILOT - Adds $1,200,000 general funds on a one-time basis to increase the

funding of PILOT by $200,000 over the FY 2001 level. PROTECTION Sec. 51 Attorney General - Adds $100,000 tobacco settlement funds to support a new

assistant attorney general. In conjunction with the Tax Department, this position will provide the oversight, enforcement and data collection to meet the “non-participating manufacturer” requirements in the tobacco settlement agreement.

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Adds $90,000 special funds to meet anticipated operating expense needs of the office.

Sec. 53 Center for Crime Victims Services - Adds $150,000 general funds to be used to

support youth programs associated with The Network Against Violence And Domestic Abuse.

Sec. 54 State’s Attorney - Adds $100,000 general funds to meet budget requirements.

Additional one-time funds are provided in Sec. 260c of this act. Added language in subsection (a) that allocates $30,000 of the total appropriation to be used to fund a half-time deputy State’s Attorney in Orleans County.

Sec. 55 Sheriffs - Adds $100,000 general funds to meet budget requirements. Sec. 56 Defender General - Public Defense - Adds $52,000 general funds and $60,000

special funds to meet budget requirements. Additional one-time appropriations are provided in Sec. 260c of this act.

Sec. 57 Defender General - Assigned Counsel - Adds $68,000 general funds to meet

budget requirements. Established six new limited service positions, three serious felony defenders and three serious crime defender assistants. Additional one-time appropriations are provided in Sec. 260c and Sec. 261b of this act.

Sec. 58 Military - Administration - Adds language in subsection (c) that precludes the

establishment of a Youth Challenge Academy Program without legislative approval.

Sec. 59 Military - Veterans’ Affairs - Adds $9,000 general funds for veterans’ affairs

coordination activities. Sec. 61 Military - Air Service Contract - Adds $30,000 general funds and $90,000

federal funds to meet budgetary needs. Sec. 62 Military - Building Maintenance - Adds $15,000 general funds for budgetary

needs. Additional funds may be available in Sec. 261c of this act. Sec. 64 Criminal Justice Training Council –The criminal justice training council shall

not spend more than the anticipated receipts to be consistent with action taken in the fee bill, H.496.

Sec. 65a Alcoholic Beverages, Furnishing to Minors - Effective upon passage, amends 7

V.S.A. § 658(c) to provide that an employee of a first or third class licensee or of a state-contracted liquor agency is subject to the same penalties for serving alcohol to a minor during a compliance check conducted by law enforcement officers as would be applied to an employee of a second class licensee. This is a civil penalty for a first offense or for a second offense that occurs more than one

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year after the first offense. Also, the employee may plead certain affirmative defenses.

Sec. 70 BISCHA - Administration - Adds language in subsection (a) requiring reports on FY 2002 on the out-of-state travel expenditures of this department. The reports are due September 2001 and March 2002 to the secretary of administration and the joint fiscal committee.

Sec. 76 Public Safety - State Police - Adds $35,000 transportation funds for the Southern

Vermont Wilderness Search and Rescue Team. Adds $13,000 transportation funds to provide a total of $35,000 for statewide snowmobile law enforcement activities.

Sec. 79 Agriculture, Food and Markets - Administration - Adds language in

subsection (a) that allows $100,000 to be transferred to the State’s Ratification Committee for supporting reauthorization of the New England Dairy Compact.

Sec. 83 Agriculture, Food and Markets - Plant Industry, Labs and Consumer

Assurance - Reduces general fund appropriation by $200,000, which funds the Conservation Reserve Enhancement Program (CREP) activities at a total of $400,000. Additional one-time funds are for the CREP program available in Sec. 261b(a)(1).

Sec. 84 Agriculture, Food and Markets - State Stipend - Adds $25,000 general funds

to enhance support of the state fairs agricultural programs. Additional one-time funds are available in Sec. 261b(a)(2).

Sec. 90 Judiciary - Adds $84,000 general funds for family court needs including three

newly established positions, one family court director, one coordinator of family court mediation programs, and one docket clerk. Adds $6,000 general funds for one newly established guardian ad litem coordinator. Adds $50,000 general funds for one newly established trial court law clerk. Adds $30,000 general funds for one newly established clerk position to aid the environmental court judge. Adds $25,000 general funds to increase use of retired judge time. Adds $15,000 general funds to support the net cost of two newly established security officer positions needed to replace contractual services in the Franklin County Court. Subsection (g) adds language that establishes a special fund for licensing and administrative fees collected by the judiciary. These fees were previously deposited in the general fund. The general fund was reduced by $360,000, to reflect the current level of these fees, and a special fund appropriation was made for a total of $420,000. This increase of $60,000 special funds results from an increase in the fee structure, and will fund, at half-time, two newly created positions, one clerk to the board of bar examiners and one paralegal. There were no funds added to this appropriation for side judge training or education, nor is it the legislative intent that any of the funds appropriated in this section be used for said purpose.

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Sec. 92 Human Rights Commission - Increases federal funds by $20,000 and reduces general funds by $20,000.

Sec. 94 Vermont Fire Service Training Council - Adds $75,000 general funds to

increase training capacity. HUMAN SERVICES Sec. 96 Human Services - Central Office - Reduces the recommended general fund

level by $32,000 which was added in Sec. 103 to combine all Dismas House funding in the department of corrections. Adds $25,000 general funds to cover UVM’s cost of fulfilling the requirements of 3 V.S.A. § 3026 - Partnership for Children, Families and Individuals (see Sec. 97 below). Adds new language in subsection (c) directing the secretary to review all significant changes to interagency agreements that could have an adverse impact on programs or services.

Sec. 97 Partnerships for Children, Families and Individuals - Adds 3 V.S.A. § 3026

that directs the Secretary of Human Services, the Commissioner of Education, and the President of the University of Vermont to establish a research partnership to study and make recommendations for improving state and local health, human services and education programs. Annually reporting of the activities and findings of the research partnership is required by February 15.

Sec. 99 Rate Setting - Amends 33 V.S.A. § 904 which specifies that, beginning in FY

2003, the nursing home portion of the Medicaid budget shall employ an annual inflation which is reasonable, adequate and consistent with Section 5.8 of “Methods, Standards, and Principles for Establishing Medicaid Payment Rates for Long Term Care Facilities”.

Sec. 99a Health Care Trust Fund - Amends 33 V.S.A. § 1956, specifying that the wage

supplement will be funded from the net revenues generated by $1,768.69 per bed less the inflation factor adjustments for FY 2002 as calculated by rate setting. Specifies that rebasing shall use a base year no earlier than FY 2002 and shall not be made later than January 1, 2005.

Sec. 102 Corrections - Parole Board - Reduces the operating expense appropriation by

$9,000. This reduction is intended to come from the travel expense line as a result of greater use of video-conferencing technology and potentially fewer requests as a result of changes made in the capital bill, H.478 of 2001.

Sec. 103 Corrections - Corrections Services - Increases the grant line by $32,000 general

funds (from Sec. 96) to consolidate total Dismas House funding at $67,000. Made a general budget reduction of $45,000 general funds. Adds language in subsection (c) that requires the department to ensure health and safety standards are met in apartments rented by the department. Requires annual inspection of

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rental units and requires the department to ensure that rental rates do not exceed market rates.

Sec. 111 Health - Health Surveillance - Increases the grant line by $296,241 in federal

funds. Adds language in subsections (a) through (c) which specifies that $300,000 in general funds and $296,241 in federal funds shall be used for existing AIDS service organizations, peer-run AIDS organizations, and IMANI for direct client-based case management or related support services. The department must use federal guidelines and advice from the newly convened HIV/AIDS Service Advisory Council (HASAC) in prioritizing the use of these funds. Criteria shall be developed in collaboration with the HASAC when the department must select providers outside the existing ASO network to receive funds for the provision of services that cannot be provided by the ASO network. These grants to existing AIDS service organizations for case management services shall be awarded equitably on a per client basis, and shall be used for services only, not administrative or other purposes. The methodology for counting clients will be by mutual agreement.

Sec. 113 Health - Health Improvement - Increases the general fund appropriation by

$50,000 for additional respite for families with children with severe medical needs. Reduces tobacco settlement funds by $655,000. This reduction is allocated as follows: $256,000 from community based activities, $275,000 from counter-marketing activities, $36,000 from statewide programs, and $88,000 from evaluation activities.

Sec. 113a Educational Assistance, Incentives; Nurses - Adds language in 18 V.S.A. § 10

establishing a loan forgiveness program for Vermont registered or licensed practical nurses graduating after April 1, 2001. The $200,000 to support this program is included in Sec. 113. First priority for these funds is to forgive up to $6,000 per year for four years for each year the graduate is employed as a nurse and deemed eligible by AHEC. Pending available funds, the commissioner may provide the same benefits to additional graduates not eligible under the first priority with first consideration to underserved areas.

Sec. 115 Health - Alcohol and Drug Abuse Programs - Adds $229,601 general funds

and $79,821 federal funds to increase the reimbursement rate at Maple Leaf Farm to $157 per day for primary and residential care. Also adds language in subsection (a) requiring Maple Leaf to report to the House and Senate Appropriation committees by February 1, 2002, on the utilization of the primary care unit by both primary and residential care patients and assess the need for a primary care unit. Adds $500,000 tobacco settlement funds for opiate addiction treatment. Funds shall be used for opiate addiction treatment programs that utilize pharmacologic and behavioral treatment consistent with Department of Health opiate addiction treatment regulations. Adds $575,000 tobacco settlement funds for student assistance programs. These can be used to replace a portion of “New Directions” grants funds that were used for similar purposes. Increases federal

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funds by $100,000 and reduces general funds by $100,000. Adds language in subsection (b) which allows state-qualified alcohol and drug counselors to have time-limited authorization to participate as Medicaid providers when the preferred provider system has a waiting list of five days or more, or when there is a lack of qualified clinicians to provide services.

Sec. 115a Opiate Addiction Treatment - Amends current law by permitting the approval

of up to five opiate treatment programs operated by hospitals or medical schools but located outside the hospital or medical school, provided the program is co-located with other programs and is not located in “isolated” community settings. The committee intends that the first centers approved provide access for both northern and southern regions of the state.

Sec. 115b Cost-Based Reimbursement for Opiate Addiction Treatment Programs -

Requires the commissioner to establish “reasonable cost-based reimbursement rates” for opiate addiction treatment programs.

Sec. 116 Commission on Tobacco, Alcohol and Substance Abuse Addiction - Creates a

16 member commission on tobacco, alcohol and substance abuse addiction for the development of a coordinated, effective, and adequately funded system for preventing tobacco, alcohol, and substance abuse addiction and treating such addictions. The commission shall have the assistance and cooperation of all agencies of the state. The commission may meet for no more than eight meetings or public hearings, and shall report its findings and recommendations by November 1, 2001.

Sec. 121 PATH - Reach-Up - Reduces federal funds by $573,450 for reduced caseload. Sec. 122 PATH - AABD - Reduces general fund appropriation by $307,000 to reflect new

caseload estimate. The same amount of funds is appropriated in Sec. 123, Medicaid, to increase the assisted living rate for this same population.

Sec. 123 PATH - Medicaid Provider Funding Hospitals and Other Providers - Adds $1,345,000 ($501,880 GF) and language

in subsections (g) and (h) that allocates these funds 44% to hospitals, 34% to physicians, 5% for dentists and 17% for other providers. Specifies that the portion for hospitals should first be used to increase the inpatient per diem rate to the peer group median, for Vermont hospitals that are at a competitive disadvantage, as determined by PATH, with out-of-state hospitals in the same peer group which are within 10 miles of the Vermont border and less than 18 miles from the Vermont hospital. The remaining hospital portion shall be to promote appropriate utilization of services and increased efficiencies provided to Medicaid beneficiaries. PATH shall collaborate with VPQHC and VAHHS in determining programs and facilities that best qualify for these payments.

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Physicians - Adds $850,730 ($317,000 GF) and language in subsection (f) that specifies these funds shall be used to increase targeted procedures codes to 85% of Medicare. Consideration will be given to codes with greatest differential between Medicaid and Medicare and greatest volume. PATH shall consult with Vermont Medical Society Physician Bargaining Group in targeting codes.

Dentists - Adds language in subsections (l) and (m) that specifies that $750,000 shall be for a supplemental bonus payment program based on proportionate level of Medicaid participation. A proposal on allocation of the bonus payments is due to Joint Fiscal Committee in July 2001, with a full report in January 2002 including recommendations for increasing dental reimbursements. Requires PATH to study and report in January 2003 on whether this $750,000 results in increased access to dental services for Medicaid beneficiaries.

Assisted Living - Adds $827,491 ($307,000 GF) to increase the assisted living rate. The general fund increase is the same amount available from AABD (Sec. 122) caseload reduction.

Nursing Home - Adds $313,388 ($116,304 GF) and adds language, effective upon passage, in subsections (j) and (k) that allows a higher limit on the indirect cost category, 137% of median, for certain hospital-based nursing homes, and allows this rule change to be implemented without APA rulemaking procedures with reasonable efforts to inform those affected by this change.

Benefit Changes Traditional Medicaid - Adds $673,854 ($250,000 GF) to continue coverage of

dentures. VHAP Uninsured Program - Allows the elimination of dental services in

subsection (e), and adds $1,146,615 ($425,396 GF) to fund all other benefits that were recommended for elimination.

Pharmacy Programs and Management Traditional Medicaid –Copay - Allows, pending HCFA approval, copayment

levels of $1, $2, and $3 for prescriptions. See subsections (b)-(d) VHAP Pharmacy Program - Copay - Allows, pending HCFA approval, a co-

payment level of $3 for certain prescriptions. See subsections (b)-(d) VScript Program - Copay - Allows, pending HCFA approval, copayment levels

of $2 and $4 for prescriptions. See subsections (b)-(d). Adds $76,675 general funds to replace revenue that will not be available from $25 enrollment fee that was not allowed.

Pharmacy Discount Program - Adds $237,000 special funds to replace receipts that would not be available under subsection (s) that directs PATH to increase the benefit, as of July 2001, for individuals enrolled in VScript Expanded program to secure the discount available in the Pharmacy Discount Program proportionate to the beneficiary’s coinsurance payment for maintenance treatment prescription drugs.

Best Practices and Cost Containment - In anticipation of future cost containment, reduces the appropriation $1,000,000 ($370,000 GF) which is funded with one-time funds in Sec. 261b(a)(10). Adds language in subsections

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(n)-(q) directing PATH to establish a Pharmacy Best Practices and Cost Control program, authorizing PATH to contract with a Pharmacy Benefit Manager (PBM) to develop a “preferred list” or formulary for prescription drugs, with utilization review, including prior authorization procedures. The Best Practices and Cost Control Program shall be implemented for Medicaid, VHAP Pharmacy and VScript beneficiaries, and may be implemented for any public or private plan within or outside the state that agrees to participate in the program, and for individual Vermonters without adequate public or private coverage for prescription drugs. The program’s consumer protections permit the patient’s doctor to require the dispensing of an alternate drug if the preferred drug is not effective or may result in adverse reactions. Special utilization rules are retained for HIV/AIDS patients.

Miscellaneous Items Budget Neutrality - Adds language in subsection (i) that directs the department

to seek modifications to the budget neutrality component of the waiver that would accommodate future increases in provider payments in Vermont’s budget neutrality requirements.

Breast and Cervical Cancer - Authorizes PATH to amend the rules for the Medicaid program for new optional coverage for women who: have been screened by NBCCEDP (in Vermont this is the “Ladies First” program) and found to have breast or cervical cancer, including precancerous conditions, are under 65 and are uninsured or otherwise not eligible for Medicaid.

Sec. 123a Equitable Medicaid Reimbursement and the Medicaid Fiscal Deficit -Presents

findings on state funded health care programs expenditure growth and cost shifting in the overall health care landscape. Finds that most health care issues are inter-related and cannot be solved in isolation. Eliminating the Medicaid cost shift is a goal that should be considered together with an integrated approach to other Medicaid issues such as establishing equitable Medicaid reimbursement policies, implementing effective cost containment strategies, and creating an adequate, equitable and economically efficient Medicaid financing system. Directs the state to adopt a fiscal strategy and appropriations to achieve the following: elimination of the Medicaid cost shift within four years, parity of Medicaid to at least the federal Medicare level, or some other agreed-to payment structure to ensure access and a stable delivery system, and that Medicaid costs continue to be consistent with Vermont’s relatively low cost and efficient delivery system. Each January 1, through January 1, 2005, the secretary of human services with consultation of the joint fiscal office, shall recommend steps needed to be taken to eliminate the Medicaid cost shift by January 1, 2005. Repeals previous cost shift reporting language in Sec. 117b of Act No. 152 of 2000.

Sec. 123b Hospital Budget Review -Amends 18 V.S.A. § 9456 which requires the

commission in the budget review process to consider the extent to which costs incurred by the hospital in connection with services provided to Medicaid beneficiaries are being charged to non-Medicaid health benefit plans and other

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non-Medicaid payers; and to require each hospital to file an analysis that reflects a reduction in net revenue needs from non-Medicaid payers equal to any anticipated increase in Medicaid reimbursements resulting from appropriations designed to reduce the Medicaid cost shift. Hospital budgets shall include a finding that the analysis above is a reasonable methodology for reflecting a reduction in net revenues for non-Medicaid payers.

Sec. 123c Federally-Qualified Health Centers - Directs the Governor, within 120 days of

passage, to take all steps necessary to secure medically-underserved area designations, and any other designation or approval needed to establish federally-qualified health centers in all appropriate regions of the state. Directs the Department of Heath, within 30 day of passage, to award a contract to develop and implement a plan to: create an appropriate number of FQHCs; provide technical assistance to entities seeking approval as a FQHC; provide grants of up to $10,000, matched 50% by recipients, to such entities to support all or part of the cost associated with the establishment of FQHCs; ensure each FQHC operating in this state provides access to prescription drugs to patients of the center at substantially discounted prices available pursuant to federal law; develop and participate in one or more demonstration projects by hospital or others, to expand the benefits of FQHCs to a greater number of Vermonters. An annual report is required by January 15 with progress of the implementation of these provisions including the use of grants funds. Allows the use of sole source contracting in implementing these provisions. Urges Vermont’s Congressional Delegation to take all actions necessary to carry out the purposes of this section.

Sec. 124 Generic Drug - Amends 18 V.S.A. Chapter 91, Vermont’s generic drug

substitution law, to require generic substitution unless the brand name drug is medically necessary, or unless the patient agrees to pay additional costs.

Sec. 126 PATH - General Assistance - Increases the federal (TANF) funds appropriation by $50,000 and reduces general fund appropriation by $50,000.

Sec. 129a through Sec. 129e Home Heating Fuel Assistance - Effective upon passage, adds language in 33

V.S.A. § 2602(c), directing PATH to engage in cost-effective purchasing practices to maximize the purchasing power of funds for the home heating fuel assistance program, including, but not limited to, preseason purchases of fuel, and negotiations with fuel suppliers on behalf of program recipients for discounts, and providing program recipients a list of fuel suppliers participating in the fuel discounts. Adds language to 33 V.S.A. § 2603(d), allowing expenditures from the home heating fuel assistance trust fund for preseason purchases of up to 75% of the LIHEAP block grant available in the current federal fiscal year. Adds language to 33 V.S.A. § 2502(e), allowing the emergency board to direct a portion of home weatherization trust funds for the purpose of meeting the needs of the home heating fuel assistance program, provided that the emergency board determines such transfer does not reduce the fiscal capacity of the state office of

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economic opportunity to meet the budgeted obligations of the weatherization program set forth in this chapter. Directs the Department of Public Service to analyze and negotiate with natural gas companies, to determine the cost-effectiveness of any purchasing practices authorized under the home heating fuel assistance program. Allows PATH to adopt rules to implement a purchasing program for the 2001-2002 heating season. The rule change shall be adopted as soon as practicable after the passage of this act and shall be exempt from the normal rulemaking process, except that the agency shall make reasonable efforts to ensure that the change is known to persons who may be affected by it.

Sec. 130 PATH - Rulemaking - Effective upon passage, allows expedited rulemaking for

the new optional coverage group and cost sharing changes in Medicaid and elimination of dental services coverage in the Vermont Health Access Plan (VHAP) and cost sharing changes in the VHAP-Pharmacy and VScript programs.

Sec. 131 Office of Economic Opportunity - Adds $150,000 to the general fund

appropriation to level fund the technical assistance grants of the job start program. Sec. 132 Office Of Child Support Services – Reduces the general fund appropriation

$10,000 to reflect delayed hiring for new position. Adds $10,288 federal funds and $15,300 interdepartmental transfer to reflect Title IV funds.

Sec. 135 SRS - Social Services - Increases the federal funds appropriation by $15,000 and

reduces general fund appropriation by $15,000. Reduces general funds $60,000 and increases special funds $60,000 to reflect higher child support receipts.

Sec. 137 SRS - Child Care Services - Reduces the general fund appropriation by

$400,000 to reflect revised caseload projection. Adds language in subsection (a) that precludes the imposition of a cap on subsidized slots without approval in the FY 2002 budget adjustment process. Adds $150,000 general funds and language in subsection (b) that directs these funds be used for before and after school child care programs. Programs qualifying for grants must be in the process of obtaining NSACCA accreditation, operate in conjunction with a community public school, and work collaboratively to maximize resources.

Sec. 140 DMHS - Community Mental Health - Adds $1,507,987 special funds and

$2,556,668 federal funds to fully reflect annual expenditures of the “Success Beyond Six” program. Clarifies in subsection (a) that the funds allocated in the subsection are for compensation. Adds $192,500 general funds and $192,500 federal funds and language in subsection (b) that directs these funds be used for a benefit increase to the provider network.

Sec. 141 DMHS - Developmental Services - Adds $75,000 general funds and $127,156

federal funds to address the “June Graduate” caseload need. Adds $89,760 general funds to provide increased respite services. Clarifies in subsection (a) that the funds allocated in the subsection are for compensation. Adds $157,500

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general funds and $267,750 federal funds and language in subsection (b) that directs these funds be used for a benefit increase to the provider network.

Sec. 144 DAD - Vocational Rehabilitation - Adds $116,000 general funds and $70,000

federal funds to establish one new site and to fully fund the existing sites in the “Jobs Program”.

Sec. 145 DAD - Blind and Visually Impaired - Adds $75,000 general funds to support

the Vermont Association for the Blind. Sec. 146 DAD - Division of Advocacy and Independent Living - Adds language in

subsection (b) that requires the commissioner, in consultation with the Vermont Alzheimer’s Commission, the Vermont Probate Judges Association, the Vermont Long-Term Care Ombudsman and the Vermont Senior Citizens Law Project, to report on the effectiveness of the office of public guardianship by December 15, 2001. Adds $188,000 general funds for the Under 60 Meals on Wheels program. Adds $7,000 general funds for the foster grandparent program. Adds $60,000 general funds for a newly established Public Guardian position. Adds $50,000 general funds for the Homemaker Program.

Sec. 148 Governor’s Commission on Women - Reduces the general fund appropriation

by $8,000 to eliminate the commission’s per diem payments. Reduces the general fund appropriation by $21,665 to fund the legislative coordinator position at half time.

Sec. 151 Vermont Veteran’s Home - Adds $90,000 federal funds for three additional

housekeeping positions and $96,000 special funds to reflect increased receipts. Sec. 151a Vermont Veterans’ Home - Trust Fund - Effective upon passage, amends Sec.

143 of Act 152 of 2000. This language ensures that the transfer of trust fund, including donated funds, from the Vermont Veterans’ Home and the Veterans’ Home Board of Trustees to the State Treasurer's office is for “investment” purposes only. Control over all of the donated funds will remain the responsibility of the Board of Trustees of the Vermont Veterans’ Home. The law will provide for long-range investment decisions regarding the funds transferred to the State Treasurer to be made by the State Treasurer who provides the same service for most of the state trust funds. All donations to the Home will be used solely for the purposes stated in the donation and not for any other purpose. Any interest earned on the endowment and donated funds will accrue to the benefit of the Home and its residents.

EMPLOYMENT AND TRAINING Sec. 154 Employment and Training - Reduces the general fund appropriation by

$750,000 and strikes language that would have funded a limited paid parental leave program.

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GENERAL EDUCATION Sec. 158 Education - Education Quality - Reduces general funds $300,000, this reduction

is from the proposed new initiatives. Additional one-time funding is provided in Sec. 261b(a)(33). Adds $230,000 special funds reflecting increased fees.

Sec. 159 Overhead Costs - Amends 16 V.S.A. § 1567(a), adds language that requires, in

FY 2002, new construction for technical centers be incorporated into calculation of overhead costs on a prorated basis. The section is repealed for FY 2003 as new technical center finance language is in place.

Sec. 161 Education - Adult Basic Education - Adds language in subsection (a), requiring

the department to develop standards and accountability for adult basic education for implementation by the end of FY 2002.

Sec. 162 Education - School-Based Anti-Tobacco, Alcohol and Substance Abuse

Programs - Reduces the appropriation by $275,000; moved funding for student assistance programs to Sec. 115. Of the total appropriation, $750,000 is to be used for grants. The remaining $175,000 is for administration and regional, collaborative support. Establishes four new positions, two regional substance abuse coordinators, one substance abuse prevention coordinator and one administrative assistant.

Sec. 163 Fund Appropriations and Transfers - Provides $246,363,322 as a general fund

transfer in FY 2002. An additional $6.5 million one-time transfer is provided in Sec. 261(b). Subsection (e) calls for a 3.5% increase to the transfer in FY 2003. Subsection (b) carries an appropriation of $450,000 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. 163a through Sec. 163e Education Property Tax – Amends 32 V.S.A. §§ 5404, 6061, 6066(a)(3), 6066a,

and repeals 32 V.S.A. §§ 3462, 4185, 4341. [Note: 32 V.S.A. 4185 was incorrectly reflected in the bill as 32 V.S.A. §4158 and will have to be corrected.] These sections revise the method and payment dates for property tax adjustments (income sensitivity). The new method will allow a single payment without the need for a later reconciliation or “true-up” in the income tax return. The new method begins in the summer of 2003. In the summer of 2002, a transition-year payment will be made to claimants, and this payment will also not require any “true-up” (see Sec. 163f below). When the new system begins in July 2003 (FY 2004), property tax adjustment payments will be based on the current year’s education property tax liability of the town school district, the grand list values for the current year, and the household income of the claimant for the prior tax year.

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This new prebate system requires changes in how towns report their grand list data and tax rates to Property Valuation and Review (PVR), including a requirement that towns report information using a new statewide system of uniform parcel identification. PVR is required under this act to create the uniform parcel I.D. system in time for the April 2002 grand lists. Sec. 163g includes an appropriation for software to be developed by PVR for the uniform parcel I.D. system.

Sec. 163f Adjustment and Transitions - This section creates a one-year transition rule for

payment of prebate checks. For the school year beginning July 1, 2002 (FY 2003), the prebate check will be paid based on 2001 household income, 2001 homestead value, and the actual property tax rates used for bills issued in the summer of 2002 (the bill for FY 2003 property taxes). This payment will not be subject to reconciliation.

Sec. 163g Prebate Appropriation - Appropriates $1.7 million education funds to the Tax

Department for FY 2002 from the education fund, for programming changes required for the new prebate system under Sec. 163a through Sec. 163f of this act.

Sec. 164 Small School Grants - Effective upon passage, adds language in subsection (a)

that allows the Athens to retain the FY01 small school grant it received. Sec. 164a through Sec. 164d Technical Education - Amends 16 V.S.A. §§ 1546(b), 1561, 1568(a) and repeals

16 V.S.A. §§ 1522(8) and (9), and 1567. These sections combine the current overhead expenses aid and tuition reduction aid to technical centers into one supplemental assistance grant and index the amount of the supplemental aid so that it is 40% of the general state support grant. These provisions will take effect for FY 2003.

Sec. 165 Education - Special Education; Formula Grants - Adds language in (b) that the

special education spending target limitation should be determined by the commissioner of education as part of the determinations made in September and presented to the general assembly pursuant to 16 V.S.A. §4027(a). This will first take place this September for FY 2003. Adds language in (c) that, for FY 2002 the annual special education expenditure target shall be set at 10.12%.

Sec. 165a Determination of Yield Amount and Amounts Due to or From the Education

Fund - Effective upon passage for calculations after May 31, 2001. Amends 16 V.S.A. § 4027. This section removes a June 1 school district budget reporting date that is not needed for “predictable yield” calculations. Instead it provides that if a town has not voted a budget by May 1, then the commissioner of education will notify the district, within ten days of submission of the district’s new budget, how much the district owes to or will receive from the education fund.

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Sec. 170 Education - Education Grants - Appropriates $594,300,000 education funds for

education grants to school districts. Adds language that in addition to the general state support grants, the standard mainstream block grant, the essential early education grant, and data corrections to education grants to school districts, also funds a National Teacher of the Year Grant to Middlebury Union High School, and a grant in the amount of $5,000 to the Rutland High School to defray costs incurred in the school band’s participation in the presidential inauguration of 2001.

Sec. 170a Coming Home Endowment - Effective upon passage, moves previous year’s

$100,000 appropriation from Department of Education to the Vermont State Colleges.

Sec. 170b General State Support Grant - Amends the language of 16 V.S.A. § 4011(a) to

ensure that the $65 increase in the block grant is a permanent change. Also redefines block grant so that early education and special education components are not included in the grant.

Sec. 170c State Aid - Amends the language of 16 V.S.A. § 2948(c) to have early education

grants grow at the rate of the state and local price index as does the block grant. This language is part of the redefined block grant.

Sec. 170d Repeal - Repeals previous definition of the block grant to enable changes above. Sec. 171 Education - Local Share Property Tax - Appropriates $39,500,000 to fund the

predictable yield. This represents an allocation of $36,000,000 from the education fund to fund the FY 2002 predicted yield calculated pursuant to 16 V.S.A. § 4027.

Sec. 172 Predicted Yield for Fiscal Year 2003 and Beyond - Allocates $36,000,000

within the education fund that the commissioner shall utilize in calculating the FY 2003 predictable yield. Provides that the intent of the legislature is that, barring further legislative action, the education fund contribution to the yield pool shall remain at $36,000,000. This shall enable the predictable yield to grow as grand list values grow.

Sec. 174 State Teachers Retirement – Reduces the general funds appropriation

$2,224,000 consistent with health insurance coverage specified in Sec. 175 below.

Sec. 175 Teachers Retirement; Health Insurance - Amends 16 V.S.A. § 1944(c)(12) to

provide that retired teachers will receive 80% of the costs of the benchmark health insurance plan for retired teachers. For FY 2002, the benchmark plan will be BlueCross BlueShield $250 deductible Comprehensive. Active teachers will contribute 41.5% of the additional costs over current law (50% coverage).

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Sec. 176a NH-VT Interstate District - Allows Vermont/New Hampshire interstate school

districts to vote to incur capital debt by Australian ballot if the provision to do so is written into the articles of agreement.

Sec. 177 Tax Department- Homestead Property Tax Income Sensitivity Adjustments -

Adjusts amounts to reflect more recent cost data and the addition of $65 to the block grant. The adjustments are $359,914 general funds, $271,632 transportation funds and $365,458 education funds.

HIGHER EDUCATION Sec. 185 VSAC - Specifies, in subsection (a) that 100% of the appropriation is to be used

for direct student aid. NATURAL RESOURCES Sec. 188 ANR - Administration - Reduces the special fund appropriation by $100,000

which would have funded three stewardship positions which were not established. Sec. 191 ANR - state and local property tax assessment - Adds language in subsection

(a) that $15,000 of available carry forward funds from FY 2000 be available for transfer to the use tax reimbursement fund for payment related to the Essex Timber company as described in Sec. 40(a) of this act.

Sec. 192 Environmental Conservation - Commissioner Office - Reduces the general

fund appropriation by $11,789 as a general budget reduction. The commission may fill any vacant positions if funds are available and may access federal and special funds through excess receipts if available.

Sec. 193 Environmental Conservation - Environmental Assistance - Reduces the

general fund appropriation by $125,000 funding only $60,000 of requested $185,000 new watershed initiative.

Sec. 195 Environmental Conservation - Office of Water Programs - Reduces the

general fund appropriation by $745,000 funding only $400,000 of requested $1,145,000 new watershed/stormwater initiative. Established two new positions, one environmental scientist and one environmental analyst. Additional one-time funds for the new initiative are provided in Sec. 261b(a)(28).

Sec. 203 Forests, Parks and Recreation – Administration - Adds language in subsection

(a) that one-half of federal land and water conservation funds be allocated for competitive grants for community recreation projects.

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COMMERCE AND COMMUNITY DEVELOPMENT Sec. 216 Commerce and Community Development - Administration and Management

Planning - Reduces general fund appropriation by $50,000 as a general budget reduction. Reduces transportation funds $163,726 and increases general funds $163,726. This fund swap corresponds to a similar fund swap in Sec. 28 to place all transportation funds related to rest areas in Sec. 28.

Sec. 224 Tourism and Marketing - Reduces the general fund appropriation by

$1,500,000. Additional one-time funds are provided in Sec. 261b(a)(48). Adds language in subsection (a) directing the department to work in cooperation with the department of fish and wildlife to develop and implement a marketing program to promote fishing and hunting activities in the state of Vermont and provide a report on its implementation by December 15, 2001. Adds language in subsection (b) allocating $235,000 for the film commission and $110,000 for Vermont Chamber of Commerce mailings.

Sec. 224a Market Vermont Program - Amends 3 V.S.A. § 2502 so that the agency and

department can contract, with appropriate oversight, for the administration of the program and to assure the program purposes are achieved.

Sec. 230a Special Fund - Application - Amends 32 V.S.A. § 586 to include the Vermont

Housing and Conservation Trust Fund. TRANSPORTATION Sec. 234 Transportation - Finance and Administration – Reduces transportation funds

by $200,000 from operating expenses in the division of finance and administration. These reduction are to be distributed throughout the Agency appropriations.

Sec. 236 Transportation - Maintenance State System - Adds $500,000 federal funds for

operating expenses. These are funds that the state may receive from the Federal Emergency Management Agency for state costs associated with the winter storm of March 5 through 7, 2001.

Sec. 238 Transportation - Project Development and Special Projects Unit - Adds

$518,560 transportation funds, $31,986 federal funds and $180,000 in local match for a total increase of $730,546. This increase is due to changes made to projects. Specific project changes from the Governor’s recommend are as follows: an increase of $1,000,000 in federal funds to begin construction of the following park and ride lots: Colchester CMG PARK(18)S, Ferrisburgh CMG PARK(15)S, St. Albans CMG PARK(23)S, Weathersfield CMG PARK(17)S and Williston CMG PARK(1)S; an increase of $2,663,886 in federal funds, $369,800 in transportation funds and $180,000 in local match for the following roadway projects: Barre City, STPG 6000(16)S, Bethel, STP 0176(2),

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Grafton/Rockingham, STP 0126(4)S, St. Albans Town, STPG SGNL(7)S, Wallingford, NHG SNGL(6)S, and Wallingford, STP ADAS( ); a decrease of $2,135,800 in federal funds and $539,200 in transportation funds from Searsburg/Wilmington F 010-1(18) and an increase of $100,000 in federal funds and a decrease of $100,000 in transportation funds from the Burlington Multi-modal project.

Subsection (a) of this section requires the secretary of administration to approve transportation fund carry-forward into FY 2002 from FY 2001 appropriations to the Division of Policy and Public Transportation for multi-modal projects. Subsection (b) deletes all funding for the interstate bridge project in Bolton, IM 089-2(29), thereby making that project a shelf project.

Subsection (c) allocates $300,000 transportation funds to replace funds for the Brattleboro Multi- Modal Center which were borrowed for FY 2001 winter maintenance expenses per Act 11 of 2002. Subsection (d) allocates $610,000 transportation funds to replace funds from the FY 2001 Transportation Enhancement program which were borrowed for FY 2001 winter maintenance expenses in Act 11 of 2001.

Sec. 239 Transportation - Rail Program - Adds $730,000 transportation funds and

$2,000,000 federal funds over the Governor’s base rail program recommendation. Frees up $150,000 transportation funds by not agreeing to a recommended rail tie disposal project. These funds are allocated as follows: $2,000,000 in federal funds and $650,000 in transportation funds for the Middlebury/Charlotte rail restoration project and $230,000 transportation funds for the Rutland railyard relocation project.

Sec. 243 Transportation - Policy and Planning - Adds $150,000 federal funds for a tri-

state high speed rail feasibility study, and reduces federal funds by $128,000 for transit connector buses which were also budgeted in Sec. 241 of this act, for an aggregate increase of $22,000 in federal funds over the Governor’s recommendation. Establishes a new Administrative Assistant B position in the public transit unit.

Sec. 246 Transportation - Town Highway Grants - This appropriation was restored to

the transportation base budget at the level of funding recommended by the Governor as a one-time expense.

Sec. 247 Transportation - Town Highway Structures - This appropriation was restored

to the transportation base budget with an increase of $344,500 transportation funds provided for a new combined program. This appropriation was formerly the Town Highway Bridge and Culvert Program and had a set-aside for bridge maintenance in FY 2001. Allocates $300,000 transportation funds for the replacement of town culverts which were built as a result of the construction of the interstate. The Agency of Transportation report, conducted pursuant to Sec. 41w of No. 18 of the Acts of 1999, identified these culverts for replacement.

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Sec. 248 Transportation - Town Highway Emergency Fund - This appropriation was restored to the transportation base budget rather than funded on a one-time basis as recommended by the Governor.

Sec. 249 Transportation - Town Highway Class 1 Supplemental Grants - This

appropriation was restored to the transportation base budget, rather than funded on a one-time basis as recommended by the Governor, with an increase of $3,750 transportation funds.

Sec. 250 Transportation - Town Highway Bridges - Adds funding for this program as

follows: $1,506,605 transportation funds, $3,304,440 federal funds and $319,505 local match. Of the additional funds, $506,605 transportation funds, $3,304,440 federal funds and $319,505 local match shall fund eighteen additional bridge projects added to this program. The remaining $1,000,000 transportation funds is to be allocated to a new Town Highway Bridge Demonstration Program. Subsection (a) allocates $1,000,000 to a demonstration program for the purpose of ascertaining whether a state-only funded grant program, whereby the town manages the project, would reduce the amount of time such projects typically take from initial design to completion. For this demonstration bridges which haven’t completed preliminary design plans are eligible for grant awards. The intent of the demonstration program is twofold: to complete bridges over a shorter period of time and to complete more town highway bridge projects annually once the program is established. Subsection (b) defines eligible bridges. All town bridges are eligible to receive grant awards, those greater and less than 20 feet in length. Large or small culverts are not eligible for grant awards under this program. It was the intent of this program to award grants for bridges that weren’t overly complicated projects. Subsection (c) directs the secretary to make grant awards to municipalities for the completion of all stages of design, appropriate permits and right-of-way activities for rehabilitation or replacement of eligible town highway bridges. The agency is required to notify towns of this program and to develop an application process. Applications from municipalities are due July 15, 2001, however, should the agency not receive a sufficient number of applications or find that there isn’t sufficient statewide geographic representation in the applications, the agency is authorized to extend the deadline to August 1, 2001. For projects that the agency has determined are simple enough for a town to manage expeditiously, a design build contract may be awarded. For all other projects the agency shall award separate design contracts and separate construction contracts. Priority in grant awards shall be given to those projects that are currently in the transportation capital program and project development plan and on their ability to be built quickly. One of the goals of the program is to maximize the number of projects funded. If a bridge which has been awarded a design grant under this program is ready to begin construction in FY 2002 and there are sufficient state funds within the regular town highway bridge appropriation, excluding the $1,000,000 which has been designated for design or design build contracts under the demonstration

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program, then the agency is authorized to issue a construction grant for that bridge.

Sec. 252 Transportation - Town Highway Class 2 - This appropriation was restored to

the base portion of the transportation budget with an increase of $123,750 transportation funds over the FY 2001 funding level. Stipulates that $88,000 of the appropriation in this section shall be for roadway improvements, paved or nonpaved, to Town Highway #7 which leads to the Green River Reservoir State Park. The term roadway improvements is used in the broadest sense of the eligible activities of the Town Highway Class 2 program regardless if the aforementioned road isn’t a Class 2 road.

FY 2001 TRANSFERS, ONE-TIME APPROPRIATIONS AND SURPLUS USES - EFFECTIVE UPON PASSAGE Sec. 260a General Fund FY 2001 Transfer - Transfers $5,510,000 from the general fund

to the transportation fund. This transfer shall not be included in the calculations for FY 2002 or FY 2003 for transportation fund stabilization reserve, the “JTOC” limit, the transfer requirements of transportation equipment replacement account of the central garage fund, or the “truck network ” special account.

Sec. 260b General Fund FY 2001 One-Time Appropriations; Legislative Branch - The

following general fund appropriations are made directly to the referenced departments.

Sec. # 260b

Appropriation Amount Comment

(a)(1) Joint Fiscal Committee

$20,000 To support costs associated with the analysis of Act 60 alternatives as well as other consultant fees.

(a)(2) Legislature $1,000,000 To support expenses of the 2001 legislative session.

Sec. 260c General Fund FY 2001 One-Time Appropriations - The following general

fund appropriations are made directly to the referenced departments.

Sec. # 260c


(a)(1) Dept. of Agriculture, Food and Markets

$200,000 For the West Nile vectoring program.

(a)(2) Agency of Human Services

$125,000 For substance abuse treatment costs at Maple Leaf Farms.

(a)(3) VT Fire Service Training Council

$125,000 To pay carry forward bills and support costs associated with training activities.

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(a)(4) Agency of Commerce and Community Development

$120,000 To pay off an accumulated deficit in historic sites.

(a)(5) Vermont State Colleges

$640,000 To complete initial implementation of the VSC technology upgrade.

(a)(6) The University of Vermont

$545,000 For the following expenditures: $195,000 for agricultural and environmental testing; $150,000 for spatial analysis laboratory; $200,000 for nursing patient simulation classroom.

(a)(7) Vermont Student Assistance Corporation

$300,000 To purchase software for guidance services.

(a)(8) Defender General -Assigned Counsel

$342,000 To pay FY 2001 carry forward bills.

(a)(9) Defender General - Public Defense

$132,000 To pay FY 2001 carry forward bills.

(a)(10) State’s Attorney $263,000 To pay FY 2001 carry forward bills. Sec. 260d General Fund Transfer Repeal - Repeals FY 2001 “waterfall” in Act 11 of 2001

(Budget Adjustment) bill and replaces it with Sec. 260e below. Sec. 260e General Fund Transfers and Appropriations - (FY 2001 Waterfall ) -

Identifies the use of FY 2001 general fund surplus funds.

Sec. # 260e


(b)(1) Transfer to the General Fund Budget Stabilization Reserve

Amount necessary to achieve 5% statutory reserve fund.

(b)(2) Transfer to the Transportation Fund Budget Stabilization Reserve

$640,000 An amount not to exceed $640,000 to attain the 5% statutory maximum. The intent is these funds will only be transferred if needed and if available.

(b)(3) Transfer to the Vermont Health Access Trust fund

$3,000,000 Provides funds to support FY 2002 appropriations.

(b)(4) Treasurer-Cash in lieu of bonds

$12,000,000 To reduce any authorized but unissued general obligation bonds.

(b)(5) Transfer to Human Service Caseload Reserve

$1,000,000

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(b)(6) Dept. of Public Safety/Higher Education Endowment Fund

$2,000,000 This amount is prorated equally to the Dept. of Public Safety for vehicle fleet replacement and to the Office of the Treasurer for deposit into the Higher Education Endowment Trust Fund.

(b)(7) Transfer to Vermont Health Access Fund

$7,000,000 To provide resources to balance the fund in FY 2003.

(c) Transfer to the General Fund Surplus Reserve

Any remaining balance after subsection (b) is transferred to the general fund surplus reserve.

FY 2002 TRANSFERS, ONE-TIME APPROPRIATIONS AND SURPLUS USES Sec. 261 Fiscal Year 2002 General Fund Transfer - Transfers $15,750,000 from the

general fund to the transportation fund in FY 2002. This transfer shall not be included in the calculations for FY2002 or FY2003 for transportation fund stabilization reserve, the “JTOC” limit, or the transfer requirements of transportation equipment replacement account of the central garage fund.

Transfers $6,500,000 from the general fund to the education fund for a one-time increase to the general state support grant.

Sec. 261a General Fund FY 2002 One-Time Appropriations; Legislative and Judicial

Branch - The following general fund appropriations are made directly to the referenced departments.

Sec. # 261a



$28,000 To provide resources for technical and consultant assistance.


$125,000 For the purpose of hiring an independent consultant with expertise in state correctional departments to review Vermont’s Department of Corrections.

(a)(3) Legislature $45,000 To support the North East Legislative Association on Prescription Drug Pricing.

(a)(4) Legislative Council $20,000 To fund a study on land use implications of tax policy changes as specified in Sec. 40a of this act.

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Sec. 261b General Fund FY 2002 One-Time Appropriations - The following general fund appropriations are made to the referenced departments; departments are required to submit expenditure plans to the secretary of administration.

Sec. # Appropriation Amount Comment

(a)(1) Department of

Agriculture, Food and Markets

$600,000 For the Lake Champlain conservation reserve enhancement program.

(a)(2) Department of Agriculture, Food and Markets

$180,000 For a competitive grants program for state fair capital projects.


$75,000 For the Vermont farm labor service cooperative to support activities of the cooperative.


$35,000 For the farm youth initiative.


$200,000 To develop a livestock industry program as a temporary, one-year catalyst to achieve the goals of maintaining and improving the in-state capacity for commercial processing of Vermont- raised livestock.


$30,000 For a grant to establish an organization of Vermont holiday tree growers.


$256,600 To establish a cattle health and quality assurance program that emphasizes education, testing, and control of Johne’s disease.


$134,800 For costs of the “two-plus-two” agriculture bachelor’s degree program at Vermont Technical College and the University of Vermont.

(a)(9) Dept. of Health $100,000 For a grant to the Burlington Health Center to aid transition costs to a cost-based system.

(a)(10) Dept. of Prevention, Assistance, Transition, and Health Access

$370,000 For Medicaid expenses. It is anticipated that these funds will not be needed in FY 2003 as a result of pharmacy cost control measures.

(a)(11) Agency of Human Services, Central Office

$300,000 For a grant to Lamoille County People in Partnership for wrap around services.


$60,000 Grant to Prevent Child Abuse - Vermont for a comprehensive health education and violence prevention curriculum for seventh and eighth grade students.

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$45,000 For a grant to the Rutland Area Prevention Coalition.


$35,000 For a grant to the Project Against Violent Encounters for a statewide pilot project to prevent substance abuse and a youth mentoring program.

(a)(15) Department of Health

$160,000 To support a contract to carry out the purposes of Sec. 123c of this act relating to federally qualified health centers.

(a)(16) Department of Developmental and Mental Health Services

$150,000 To provide funding for the self-determination project. Should grant funding become available to support the self-determination program in FY 2002, the funds appropriated in this section shall not be expended but shall revert to the general fund. In addition to this general fund appropriation, $150,000 federal funds are appropriated.

(a)(17) Department of Fish and Wildlife

$1,500 To provide scholarships to the Green Mountain Conservation camps at Buck Lake and Lake Bomoseen.

(a)(18) Department of Buildings and General Services

$30,000 For technical assistance for the dry hydrant program.

(a)(19) Secretary of Administration

$100,000 For the Lake Champlain Basin Science Center.

(a)(20) Department of Fish and Wildlife

$50,000 To provide nonmotorized boat access.

(a)(21) Agency of Natural Resources, Department of Forests, Parks and Recreation and the Department of Fish and Wildlife

$1,000,000 To the Department of Forests, Parks and Recreation for state park maintenance and to the Department of Fish and Wildlife for facility improvements.


$53,100 To reimburse the BFA Fairfax school district for expenses incurred in fitting up an emergency shelter included in previous school renovations.


$320,000 To purchase and transfer land and a conservation easement at Chimney Corners in Colchester.

(a)(24) To the Town of Peru $70,000 For the town green project. This appropriation shall be matched on a one-for-one basis by the town.

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$300,000 For a grant to the Brattleboro arts initiative for the Latchis theatre project.

(a)(26) Vermont Council on the Arts

$17,000 For a pass-through grant to the Vermont Philharmonic.

(a)(27) Department of Aging and Disabilities

$30,000 For the Castleton Area Senior Citizens Organization for the costs of complying with requirements imposed by ANR.

(a)(28) Department of Environmental Conservation

$300,000 For watershed and stormwater-related initiatives.

(a)(29) Defender General $245,000 To establish three serious felony units. (a)(30) Department of

Employment and Training

$1,000,000 For deposit into the workforce training fund. Allocates $330,000 to the agency of commerce and community development for use by the Vermont training program.

(a)(31) Department of Education

$50,000 For a grant to the Vermont Center for the Book for early reading initiatives.


$17,000 For support of debate and forensic speaking programs.


$45,000 To support strategies to recruit teachers into the profession, including print materials and internet recruitment to attract the best students and mid-career professionals to education in Vermont.


$75,000 For the purposes of providing services to children who stutter.

(a)(35) Department of Public Safety

$300,000 For transferring responsibility for conducting presale firearm checks pursuant to the Brady Act from Vermont to the National Instant Check System (NICS).

(a)(36) Department of Public Safety

$2,100,000 For a new statewide communication system.

(a)(37) Department of Economic Development

$75,000 For a grant to the Vermont enterprise initiative.

(a)(38) Department of Forests, Parks and Recreation

$5,000 To be granted to the Green Mountain Senior Games.

(a)(39) Department of Housing and Community Affairs

$1,000,000 For downtown redevelopment.

(a)(40) Department of Housing and Community Affairs

$230,000 To provide a match for FEMA funds for the NRCS watershed.

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(a)(41) Agency of Commerce and Community Development, Historic Sites Operations

$20,000 To provide a match for a historic sites coordinator position.

(a)(42) Secretary of Administration

$23,781 To serve as an additional state contribution to a fund for the construction of a memorial to World War II veterans.

(a)(43) Office of Economic Opportunity

$134,000 For the following homelessness projects: Rutland Housing Coalition, the Addison County Community Action Group and the project providing transitional service in St. Albans.

(a)(44) Office of Economic Opportunity

$125,000 For a one-year grant program to support community-based individual development account savings programs for the purchase or improvement of a home, for postsecondary education, and for entrepreneurial activities.

(a)(45) Vermont Historical Society

$15,000 For grants for the Veterans’ Day parade and memorial service to be held in Essex Town.

(a)(46) State’s Attorney $27,000 For a grant to provide bridge funding for the domestic violence prosecutor and victim advocate for Caledonia, Essex and Orleans Counties.

(a)(47) Department of Taxes $400,000 For the purchase of a scanner, and other equipment upgrades and more detailed digital orthophotography for urban areas.

(a)(48) Vermont Department of Tourism and Marketing

$1,250,000 For advertising and promotional activities.

(a)(49) Vermont Housing and Conservation Trust Fund

$1,750,000 For low income housing needs, of this amount $500,000 shall be used for emergency housing consistent with priorities in Sec. 221(a) of Act 152 of 2000, and $200,000 for the home access project to be used in a manner consistent with Vermont Housing and Conservation Fund guidelines.


$178,000 For interactive television equipment.


$250,000 To develop an interactive television site in the Town of Hartford.


$500,000 For a grant to Vermont Public Television to continue the conversion to a statewide digital broadcast system.

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Sec. 261c General Fund FY 2002 Contingent One-Time Appropriations – These general fund appropriations will only be available, in the order listed, if they are within the official revenue forecast for FY 2002 adopted in July 2001 or if revenues are available at the close of FY 2002.

Sec. # 261c


(1) Department of Forests, Parks and Recreation

$1,100,000 To the Dept. of Forests, Parks and Recreation for state park maintenance and to the Dept. of Fish and Wildlife for facility improvements.

(2) Vermont Housing and Conservation Trust Fund

$2,000,000 For emergency housing consistent with priorities in Sec. 221(a) of Act 152 of 2000.

(3) Department of Housing and Community Affairs

$1,000,000 For downtown redevelopment.

(4) Department of Forests, Parks and Recreation

$150,000 To acquire public interest in land on Lake Champlain.

(5) Department of Buildings and General Services

$500,000 For Vermont Public Television to continue the conversion to a statewide digital broadcast system.

(6) Military Department $150,000 For air quality improvements to building #5 at Camp Johnson.

(7) Office of Economic Opportunity

$25,000 For a one-year grant program to support community-based individual development account savings programs for the purchase or improvement of a home, for postsecondary education, and for entrepreneurial activities.

Sec. 264a Fiscal Year 2001 Transportation Maintenance Reimbursement - Effective upon

passage, appropriates $4,100,000 transportation funds to the agency for operating expenses related to winter maintenance in FY 2001.

MISCELLANEOUS SECTIONS Sec. 264b Fiscal Year 2002 Traffic Calming Program - This section appropriates

$150,000 from the transportation fund to the agency of transportation to provide traffic calming grants to towns in FY 2002. It is intended that these grants would only be for planning, scoping, activity involving any of the five stages of design, permitting and right-of-way activities for traffic calming improvements in towns, villages or cities. Funding for actual construction of traffic calming improvements may be included in future appropriations, can come from the

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municipality or can occur within the Transportation Enhancement program. The agency is required to develop criteria for the program. Municipalities are required to provide funds that equal 50% of the grant award. In kind matches are not allowed. Grant awards for FY 2002 are limited to a maximum of $10,000 per municipality. The secretary is required to provide a listing of the grants recipients and the activities undertaken by the recipients to the Legislature by January 15, 2002.

Sec. 264c Transfer Repeal - Effective upon passage, repeals winter maintenance related

transfer made in Sec. 38c(c) of Act 11 of 2001 (Budget Adjustment). Sec. 264d Vermont Transportation Authority - Amends 29 V.S.A. § 735(a) to change

from calendar year to fiscal year. Sec. 265 Education Fund Stabilization Reserve - Amends 16 V.S.A. § 4026(b) to define

the stabilization reserve requirement in the fund to be based on the net amount of appropriations.

Sec. 279 Valuation Appeals and Recalculation of Education Tax Liability - Adds

language to 32 V.S.A. § 5412 to adjust a municipality’s education property tax liability if the education grand list of the municipality is reduced by at least one percent as a result of an appeal. These provisions take effect from passage, and apply only to appeals from grand lists of April 1, 2001 and thereafter.

Sec. 279a Transmission and Record of Determination - Amends 32 V.S.A. § 4468 so that

the clerk of court sends one copy of any property tax appeal determination to the Commissioner of Taxes.

Sec. 279b Stowe and Rutland Town Recalculation Payment - Stowe and Rutland Town

had successful appeals which reduced property values for calculating the education tax. This provision allows reimbursement to these towns and the taxpayers who were taxed at the higher value. The Commissioner of Taxes shall issue a payment to the town of Stowe in the amount $80,000 to compensate the town of Stowe for a change in valuation in education tax liability resulting from a Trapp Family Co-op property tax appeal. The commissioner also shall make a payment to Rutland Town of $31,078 for similar successful appeals resulting in a change in valuation in education tax liability.

Sec. 279c Bennington County; Boards of Civil Authority; Assistant Town Clerks - Adds language that allows a pilot program, terminating June 30, 2007 in any Bennington County municipality, where an assistant town clerk shall serve on the board of civil authority with a two-thirds board vote, if the town clerk is absent, and the assistant town clerk is a legal voter of the municipality. When serving on the board, assistant clerks shall have the same duties and authority as other members. The term of an assistant town clerk serving on a board of civil authority shall expire February 1 of

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each odd-numbered year following his or her election, and an assistant clerk may serve consecutive terms on the board.

Sec. 280 Youth Initiative; Legislative Intent and Findings - This section contains the

overall intent of the youth initiative activities included in this act to be the first step in an integrated and comprehensive plan for providing services to at-risk youth in Vermont. Provides legislative findings on the needs of the juvenile justice system.

Sec. 280a. Youthful Offenders - Amends 33 V.S.A. § 5529d (c) to require the court to

continue the jurisdiction over a youthful offender up to the age of 19 if the court finds that it is in the best interest of the youthful offender to continue the case past the age of 18.

Sec. 280b Youth Initiative; Appropriations - Effective upon passage. Although

appropriations in this section are from one-time funds, it is the intent of the Legislature that these be included as base funding in the FY 2003 budget.

The Department of Corrections - Appropriates $175,000 FY 2001 general funds for intensive supervision and service to youth on probation. Establishes six new youthful corrections service specialist positions in FY 2002. Of the six new positions, five are designated as follows: two shall be designated to serve Burlington, two shall be designated to serve Barre, and one shall be designated to serve Bennington. Specialists shall not carry a caseload of more than 20 persons. Specialists shall be available for youth under the age of 21; however, preference shall be given to 16 and 17 year olds. Appropriates $87,500 tobacco litigation settlement funds and $148,349 federal funds in FY 2002 for outpatient substance abuse treatment for up to 75 youthful offenders who are served by a youthful corrections service specialist.

Department of Social and Rehabilitation Services - Appropriates $87,000 FY 2001 general funds, for the purposes of Sec. 280a. Appropriates $225,000 FY 2001 general funds and $255,000 FY 2002 federal funds for the establishment of an 8 to 10-bed, staff-secure residential substance abuse facility for young women in the custody of the Department of Social and Rehabilitation Services who have a history of resisting treatment, multiple diagnoses, running away and non-compliant behavior. Placement decisions will give preference to 15, 16 and 17 year olds. Appropriates $150,000 FY 2002 general funds on a one-time basis, for infrastructure grants to nonprofit organizations which provide community-based, residential services. Up to $100,000 of these funds shall be available to existing programs to expand capacity or to serve more difficult populations. Funds may be used for new programs or expansion of existing programs. Funds may be used for downpayments on facilities, up to 20% of the purchase price for each facility. Appropriates $100,000 FY 2001 general funds to increase “street checker” capacity in the department. Appropriates $120,000 FY 2001 general funds for a grant to the Vermont Coalition of Runaway and Homeless Youth.

Department of Health, Alcohol and Drug Abuse Programs - Appropriates $116,000 tobacco litigation settlement funds and $117,333 federal funds to

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provide outpatient substance abuse treatment to youth. Adolescent opiate addiction treatment programs shall be consistent with Department of Health regulations. Appropriates the amount of $250,000 tobacco litigation settlement funds and $250,000 federal funds to develop community-based programs to promote substance abuse prevention and positive youth development.

Sec. 280c Joint Legislative Study Committee on Vermont Teens and Youth Services -

This section establishes a joint legislative study committee on Vermont Teens and Youth Services. The joint committee shall review and make recommendations to the general assembly, on or before January 1, 2002, concerning the adequacy and coordination of services offered by the Department of Social and Rehabilitation Services relating to teens; an assessment of Vermont’s programs for unmanageable 16 and 17 year old adolescents; staff caseloads; referrals to organizations offering services to youth and teens; coordination of teen services; adequacy of state laws and regulations as they relate to teens; an assessment of the adequacy of youth corrections programs; and an assessment of the placement and supervision of youth in custody of the Department of Corrections.

Sec. 280d Drug Intervention Docket; District and Family Court - This section

appropriates $82,000 general funds in FY 2002 to the Judiciary on a one-time basis for the purpose of developing a plan for a drug intervention docket within the District Court and the Family Court. The plan shall be presented for review no later than November 1, 2001. The plan for the drug intervention docket shall include a comprehensive pre-adjudication and post-adjudication program for juveniles and adults focusing on treatment programs. The docket may be established on a statewide basis or in selected courts. At a minimum, the plan shall incorporate the key components of drug intervention courts and dockets as established by the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, to enable the Vermont drug intervention docket to qualify and apply for federal assistance.

Sec. 281 Committee on Charter Schools - Establishes a committee to study how charter

schools operate in other states and to consider how Vermont might establish a system of charter schools.

Sec. 282 Legislative and Executive Study on Transportation Revenues and Programs -

Provides legislative findings regarding insufficient state and federal revenues to support the current and planned transportation projects. Establishes a working group to study and make recommendations regarding annual project completion goals, needs for and appropriate uses of state and federal transportation funds. The study group is required to report on findings and recommendations no later than November 1, 2001.

statement of legislative intent - leg.state.vt.us fy 2002 (act... · the attached statement of...

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