AS PASSED BY HOUSEH.130
1999Page 1
H.130
AN ACT RELATING TO PROVIDING ADJUSTMENTS IN THE AMOUNTS APPROPRIATED FOR THE SUPPORT OF GOVERNMENT
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1.SHORT TITLE
This act shall be known as and shall be cited as the “Budget Adjustment Act - Fiscal Year 1999”.
Sec. 2.Sec. 7 of No. 147 of the Acts of 1998 is amended to read:
Sec. 7.Secretary of administration - secretary's office
Personal services 418,582 505,081
Operating expenses 22,450 29,666
Total 441,032 534,747
Source of Funds
General fund 211,217 304,932
Transportation fund 58,327 58,327
Interdepartmental transfer 171,488 171,488
Total 441,032 534,747
The secretary of administration shall furnish the house and senate appropriations committee by November 1, 1998 a list of all vendors of consultant services who have received for fiscal year 1998 cumulative contract payments totaling over $75,000.00 and a list of their contracts in force for fiscal year 1999.
Sec. 3.Sec. 9 of No. 147 of the Acts of 1998 is amended to read:
Sec. 9.Secretary of administration - GOVNet
Personal services 250,000 276,500
Operating expenses 746,250 873,500
Total 996,250 1,150,000
Source of Funds
Special funds 855,000 1,150,000
Interdepartmental transfer 141,250 0
Total 996,250 1,150,000
Sec. 4.Sec. 12 of No. 147 of the Acts of 1998 is amended to read:
Sec. 12.Personnel - operations
Personal services 2,042,473 2,011,231
Operating expenses 389,450 380,977
Total 2,431,923 2,392,208
Source of Funds
General fund 1,667,349 1,627,634
Transportation fund 607,604 607,604
Special funds 49,000 49,000
Internal service funds 100,770 100,770
Interdepartmental transfer 7,200 7,200
Total 2,431,923 2,392,208
The training provided by the affirmative action officer shall, to the extent possible, be for exempt and classified employees, and designed to be comprehensive in its treatment of minorities and women.
Sec. 5.Sec. 16 of No. 147 of the Acts of 1998 is amended to read:
Sec. 16.Buildings and general services - engineering
Personal services 1,199,890 1,209,890
Operating expenses 124,100 124,100
Total 1,323,990 1,333,990
Source of Funds
General fund 1,173,891 1,183,891
Transportation fund 90,704 90,704
Interdepartmental transfer 59,395 59,395
Total 1,323,990 1,333,990
Of the above appropriation, $10,000.00 shall be used to estimate the cost to remodel and expand the State House as presented in “Vermont State House, Study of Space Needs”, dated January 1997, prepared by the department of buildings and general services.
Sec. 6.Sec. 29 of No. 147 of the Acts of 1998 is amended to read:
Sec. 29.Tax - administration/collection
Personal services 6,643,298 6,678,298
Operating expenses 1,695,000 1,695,000
Total 8,338,298 8,373,298
Source of Funds
General fund 6,676,677 6,711,677
Transportation fund 247,566 247,566
Special funds 1,336,555 1,336,555
Interdepartmental transfer 77,500 77,500
Total 8,338,298 8,373,298
Included in the special funds is $442,000.00 appropriated from the enhanced tax collection special fund (0601084000) in fiscal year 1999.
Sec. 7.Sec. 39a of No. 147 of the Acts of 1998 is amended to read:
Sec. 39a.Use tax reimbursement fund - municipal current use
Other 4,100,000 3,400,000
Source of Funds
General fund 2,050,000 1,350,000
Transportation fund 2,050,000 2,050,000
Total 4,100,000 3,400,000
Sec. 8.Sec. 41 of No. 147 of the Acts of 1998 is amended to read:
Sec. 41.Legislature
Other 4,024,500 4,241,500
Source of Funds
General fund 3,226,400 3,443,400
Transportation fund 798,100 798,100
Total 4,024,500 4,241,500
Of the above appropriation, up to $40,000.00 shall be available for the costs of planning and preparing for the 1999 annual Meeting of the Eastern Regional conference of the Council of State governments in Burlington. This appropriation shall be matched through fundraising on a two-for-one basis.
Beginning in the 1999 biennial session of the legislature, and in each biennial and adjourned session thereafter, the first installment payment of salary of members shall be made no later than the last day of the first week of the legislative session in an amount no less than one week's salary. Thereafter, members shall be paid in biweekly installments as provided in 32 V.S.A. §1051(a) and (c) and 32 V.S.A. § 1052(a)
Sec. 9.Sec. 42 of No. 147 of the Acts of 1998 is amended to read:
Sec. 42.Legislative council
Personal services 1,229,161 1,254,161
Operating expenses 18,500 18,500
Total 1,247,661 1,272,661
Source of Funds
General fund 996,129 1,021,129
Transportation fund 251,532 251,532
Total 1,247,661 1,272,661
The establishment of one (1) permanent exempt position -- is authorized in fiscal year 1999.
Sec. 10.Sec. 49 of No. 147 of the Acts of 1998 is amended to read:
Sec. 49.Total general government 72,816,370 72,611,120
Source of Funds
General fund 35,883,774 35,524,774
Transportation fund 6,904,416 6,904,416
Federal funds 1,877,301 1,877,301
Special funds 4,055,110 4,350,110
Retirement trust funds 9,511,030 9,511,030
Enterprise funds 1,768,788 1,768,788
Expendable trust funds 90,982 90,982
Internal service funds 11,384,259 11,384,259
Interdepartmental transfer 1,340,710 1,199,460
Total 72,816,370 72,611,120
Sec. 11.Sec. 51 of No. 147 of the Acts of 1998 is amended to read:
Sec. 51.Vermont court diversion
Grants 772,296 817,296
Source of Funds
General fund 408,082 408,082
Transportation fund 172,625 172,625
Special funds 191,589 236,589
Total 772,296 817,296
Sec. 12.Sec. 54 of No. 147 of the Acts of 1998 is amended to read:
Sec. 54.State's attorneys
Personal services 5,403,841 5,403,841
Operating expenses 621,215 643,062
Grants 35,854 35,854
Total 6,060,910 6,082,757
Source of Funds
General fund 4,390,228 4,412,075
Transportation fund 414,598 414,598
Federal funds 166,978 166,978
Special funds 143,004 143,004
Interdepartmental transfer 946,102 946,102
Total 6,060,910 6,082,757
Sec. 13.Sec. 55 of No. 147 of the Acts of 1998 is amended to read:
Sec. 55.Sheriffs
Personal services 1,596,208 1,626,208
Operating expenses 212,130 227,130
Total 1,808,338 1,853,338
Source of Funds
General fund 1,274,037 1,319,037
Transportation fund 534,301 534,301
Total 1,808,338 1,853,338
Of the above appropriation, $15,000.00 shall be transferred to the state's attorneys' office as reimbursement for the cost of the executive director's salary.
Sec. 14.Sec. 56 of No. 147 of the Acts of 1998 is amended to read:
Sec. 56.Defender general - public defense
Personal services 3,758,635 3,758,635
Operating expenses 421,780 461,980
Total 4,180,415 4,220,615
Source of Funds
General fund 3,303,816 3,344,016
Transportation fund 600,692 600,692
Federal funds 37,500 37,500
Special funds 238,407 238,407
Total 4,180,415 4,220,615
Sec. 15.Sec. 59 of No. 147 of the Acts of 1998 is amended to read:
Sec. 59.Military - administrative
Personal services 635,188 595,188
Operating expenses 366,596 216,596
Grants 200,000 200,000
Total 1,201,784 1,011,784
Source of Funds
General fund 1,011,159 971,159
Federal funds 150,000 0
Special funds 40,625 40,625
Total 1,201,784 1,011,784
$200,000.00 of the above appropriation provides educational grants for members of the Vermont National Guard to attend Vermont institutions.
The establishment of one (1) permanent classified position - Environmental Engineer C- Hazardous Materials - is authorized in fiscal year 1999, which shall be transferred and converted from existing vacant positions in the executive branch of state government by the secretary of administration.
Sec. 16.Sec. 61 of No. 147 of the Acts of 1998 is amended to read:
Sec. 61.Military - army service contract
Personal services 1,102,857 1,102,857
Operating expenses 2,104,352 2,144,352
Total 3,207,209 3,247,209
Source of Funds
General fund 105,729 115,729
Federal funds 3,101,480 3,131,480
Total 3,207,209 3,247,209
Sec. 17.Sec. 62 of No. 147 of the Acts of 1998 is amended to read:
Sec. 62.Military - air service contract
Personal services 2,361,545 2,404,545
Operating expenses 527,405 710,005
Total 2,888,950 3,114,550
Source of Funds
General fund 203,040 259,440
Federal funds 2,685,910 2,855,110
Total 2,888,950 3,114,550
Sec. 18.Sec. 64 of No. 147 of the Acts of 1998 is amended to read:
Sec. 64.Labor and Industry
Personal services 3,400,871 3,500,871
Operating expenses 844,000 891,270
Total 4,244,871 4,392,141
Source of Funds
General fund 690,240 692,643
Federal funds 430,000 430,000
Special funds 3,072,631 3,217,498
Interdepartmental transfers 52,000 52,000
Total 4,244,871 4,392,141
Sec. 19.Sec. 71 of No. 147 of the Acts of 1998 is amended to read:
Sec. 71.Secretary of state
Personal services 1,943,570 1,943,570
Operating expenses 926,475 946,475
Total 2,870,045 2,890,045
Source of Funds
General fund 933,238 953,238
Special funds 1,861,807 1,861,807
Interdepartmental transfers 75,000 75,000
Total 2,870,045 2,890,045
Sec. 20.Sec. 80 of No. 147 of the Acts of 1998 is amended to read:
Sec. 80.Public safety - state police
Personal services 21,657,198 21,717,198
Operating expenses 4,484,437 4,484,437
Grants 488,000 488,000
Other 129,223 129,223
Total 26,758,858 26,818,858
Source of Funds
General fund 5,284,986 5,284,986
Transportation fund 18,065,719 18,065,719
Federal funds 1,686,440 1,746,440
Special funds 905,184 905,184
Interdepartmental transfer 816,529 816,529
Total 26,758,858 26,818,858
Of the above appropriation, $938,000.00 shall be expended for police cruisers for field duty work and $22,000.00 shall be available for snowmobile law enforcement activities.
Sec. 21.Sec. 81 of No. 147 of the Acts of 1998 is amended to read:
Sec. 81.Public safety - criminal justice services
Personal services 3,421,166 3,558,166
Operating expenses 2,511,978 2,511,978
Grants 792,910 792,910
Total 6,726,054 6,863,054
Source of Funds
General fund 254,375 391,375
Transportation fund 2,813,340 2,813,340
Federal funds 2,599,969 2,599,969
Special funds 591,397 591,397
Interdepartmental transfer 466,973 466,973
Total 6,726,054 6,863,054
Sec. 22.Sec. 81a of No. 147 of the Acts of 1998 is amended to read:
Sec. 81a. APPROPRIATION; E-911 START-UP COSTS
Notwithstanding any other provision of law to the contrary, of the $591,397 in special funds appropriated to public safety - criminal justice services in Sec. 81 of this act, the amount of $322,500 is appropriated in fiscal year 1999 from the universal service fund to the department of public safety for the purpose of funding start-up costs of implementation of the E-911 system. The implementation of the E-911 system shall begin on or after September 15, 1998 as determined by the E-911 Board, and in accordance with criteria for implementation established by the department. The secretary of administration, in conjunction with the E-911 board, shall provide information to the general assembly by January 1999 assessing the costs to the state of funding all call taking functions in the existing public safety answering points, and the potential sources of funding available to the state for this purpose.
Sec. 23.Sec. 87 of No. 147 of the Acts of 1998 is amended to read:
Sec. 87.Agriculture, food and markets -
plant industry, labs and consumer
assurance
Personal services 1,553,107 1,597,107
Operating expenses 365,211 365,211
Grants 75,000 75,000
Total 1,993,318 2,037,318
Source of Funds
General fund 564,531 608,531
Transportation fund 43,082 43,082
Federal funds 296,379 296,379
Special funds 1,034,369 1,034,369
Interdepartmental transfer 54,957 54,957
Total 1,993,318 2,037,318
Sec. 24.Sec. 90 of No. 147 of the Acts of 1998 is amended to read:
Sec. 90.Public service - regulation and energy
Personal services 2,875,345 3,525,345
Operating expenses 663,699 663,699
Grants 285,000 285,000
Total 3,824,044 4,474,044
Source of Funds
Federal funds 764,443 764,443
Special funds 3,059,601 3,709,601
Total 3,824,044 4,474,044
Sec. 25.Sec. 93 of No. 147 of the Acts of 1998 is amended to read:
Sec. 93.Public service board
Personal services 1,637,520 1,837,520
Operating expenses 275,000 275,000
Total 1,912,520 2,112,520
Source of Funds
Special funds 1,912,520 2,112,520
Sec. 26.Sec. 95 of No. 147 of the Acts of 1998 is amended to read:
Sec. 95.Judiciary
Personal services 16,025,649 16,164,549
Operating expenses 2,438,000 2,438,000
Other 2,000 2,000
Total 18,465,649 18,604,549
Source of Funds
General fund 14,343,438 14,482,338
Transportation fund 2,926,073 2,926,073
Interdepartmental transfer 1,196,138 1,196,138
Total 18,465,649 18,604,549
Sec. 27.Sec. 99 of No. 147 of the Acts of 1998 is amended to read:
Sec. 99.Total protection to persons and 117,131,557 118,756,374
property
Source of Funds
General fund 40,317,339 40,793,089
Transportation fund 26,412,878 26,412,878
Federal funds 16,446,012 16,555,212
Special funds 26,232,861 27,272,728
Enterprise funds 3,342,610 3,342,610
Interdepartmental transfer 4,379,857 4,379,857
Total 117,131,557 118,756,374
Sec. 28.Sec. 100 of No. 147 of the Acts of 1998 is amended to read:
Sec. 100.Human services - agency of human
services - central office
Personal services 2,536,187 2,620,343
Operating expenses 886,807 886,807
Grants 5,100,490 5,100,490
Total 8,523,484 8,607,640
Source of Funds
General fund 3,481,947 3,503,728
Federal funds 4,584,643 4,647,018
Special funds 456,894 456,894
Total 8,523,484 8,607,640
Of the above grants appropriation, $60,000.00 shall be granted to Vermont Legal Aid to work on SSI eligibility determinations for children.
The general funds appropriated by this section shall include $125,000.00 additional to the general fund amount received by the Success by Six Program in Bennington County
The above appropriation includes $25,000.00 general funds to be used by the secretary of the agency of human services to initiate programs during FY 99 which are designed to prevent and treat problem and compulsive gamblers in Vermont. The secretary shall submit a report to the 1999 General Assembly on these initiatives.
Sec. 29.Sec. 104 of No. 147 of the Acts of 1998 is amended to read:
Sec. 104.Corrections - administration
Personal services 1,279,837 1,297,750
Operating expenses 323,639 355,524
Grants 2,098,368 2,098,368
Total 3,701,844 3,751,642
Source of Funds
General fund 1,564,562 1,564,562
Federal funds 2,137,282 2,187,080
Total 3,701,844 3,751,642
Vermont correctional industries is authorized to develop prison industry enhancement projects, as permitted in the Federal Justice Assistance Act of 1984 (P.L. 98-473). No appropriation is authorized for these purposes. Vermont correctional industries shall not expand into an existing market unless the commissioner has consulted with the offender work programs board and has evaluated the impact of the expansion on the existing market.
The commissioner may not impose any moratorium on any particular type of work performed by Vermont correctional industries, without consultation with the offender work programs board, and approval of the Legislature or the Joint Fiscal Committee when the Legislature is not in session.
Sec. 30.Sec. 106 of No. 147 of the Acts of 1998 is amended to read:
Sec. 106.Corrections - corrections services
Personal services 37,685,033 38,567,866
Operating expenses 12,631,619 16,386,793
Grants 130,000 80,000
Total 50,446,652 55,034,659
Source of Funds
General fund 48,188,275 52,368,239
Transportation fund 1,343,011 1,343,011
Federal funds 394,481 630,024
Special funds 274,500 274,500
Interdepartmental transfer 246,385 418,885
Total 50,446,652 55,034,659
Sec. 31.Sec. 106a of No. 147 of the Acts of 1998 is amended to read:
Sec. 106a.ESTABLISHMENT OF POSITIONS - CORRECTIONAL
SERVICES
The establishment of forty-six (46) permanent classified positions - one (1) Community Service Work Supervisor, one (1) Security Operations Supervisor, two (2) Administrative Assistant B, one (1) Shift Supervisor, ten (10) Correctional Officer I, ten (10) Correctional Officer II, thirteen (13) Correctional Service Specialist II, and eight (8) Correctional Officer III - is authorized in fiscal year 1998.
The establishment of twenty-seven (27) classified positions for the Dale Women's Unit - one (1) Correctional Facility Superintendent, five (5) Correctional Shift Supervisor, five (5) Correctional Officer II, one (1) Correctional Living Unit Coordinator, three (3) Correctional Service Specialist II, two (2) Corrections Instructor, one (1) Women's Services Coordinator, seven (7) Correctional Officer I, one (1) Administrative Assistant B, and one (1) Secretary C - is authorized in fiscal year 1999. These twenty-seven (27) new positions will be offset by the elimination of twenty-seven (27) positions in the Agency of Human Services upon the downsizing of the Vermont State Hospital.
Sec. 32.Sec. 116 of No. 147 of the Acts of 1998 is amended to read:
Sec. 116.Health - health improvement
Personal services 2,751,032 2,861,032
Operating expenses 690,559 790,459
Grants 4,276,370 4,326,370
Total 7,717,961 7,977,861
Source of Funds
General fund 1,966,418 1,966,418
Federal funds 5,057,715 5,317,615
Special funds 433,840 433,840
Interdepartmental transfer 259,988 259,988
Total 7,717,961 7,977,861
The department of health may carry forward any unspent portion of funds designated for primary care loan repayment. These funds may be used either alone or to match federal National Health Service Corps loan repayment funds, local funds, or private funds and shall be made available to primary care providers who agree to practice for a prescribed period of time in the state serving a portion of the state designated as a health professional shortage population, or other rural or underserved areas. ducational scholarships, loan repayment grants, loan deferment payments and payment of taxes due on the award, may be considered for payment.
Sec. 33.Sec. 118 of No. 147 of the Acts of 1998 is amended to read:
Sec. 118.Health - alcohol and drug abuse programs
Personal services 2,694,874 2,694,874
Operating expenses 402,746 402,746
Grants 8,086,100 8,896,100
Total 11,183,720 11,993,720
Source of Funds
General fund 2,903,627 2,903,627
Federal funds 7,810,093 8,620,093
Special funds 408,000 408,000
Interdepartmental transfer 62,000 62,000
Total 11,183,720 11,993,720
The Vermont department of health's office of alcohol and drug abuse programs shall submit a plan to the 1999 legislature toward increasing the qualifications, knowledge, skills and ability of certified alcohol and drug clinicians to provide adolescent and family therapy.
Sec. 34.Sec. 119 of No. 147 of the Acts of 1998 is amended to read:
Sec. 119.Social welfare - administration
Personal services 23,494,820 23,750,410
Operating expenses 11,804,061 12,272,983
Grants 5,999,432 5,767,842
Total 41,298,313 41,791,235
Source of Funds
General fund 12,767,083 13,197,749
Federal funds 25,174,831 25,537,087
Special funds 3,356,399 3,056,399
Total 41,298,313 41,791,235
The establishment of four (4) new classified positions - one (1) Medicaid Operations Administrator, one (1) Managed Care Administrator, and two (2) Social Welfare Program Consultant - is authorized in fiscal year 1999.
Sec. 35.Sec. 120 of No. 147 of the Acts of 1998 is amended to read:
Sec. 120.Social welfare - aid to needy families
with children
Grants 47,661,808 44,876,340
Source of Funds
General fund 16,217,899 16,217,899
Federal funds 29,343,909 26,558,441
Special funds 2,100,000 2,100,000
Total 47,661,808 44,876,340
An 18-year-old dependent child who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age 19 or not expected to complete the program before reaching age 19 solely due to a documented disability, may remain on the ANFC grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision.
Sec. 36.Sec. 122 of No. 147 of the Acts of 1998 is amended to read:
Sec. 122.Social welfare - aid to aged, blind and disabled
Grants 10,594,628 10,325,715
Source of Funds
General fund 10,594,628 10,325,715
Sec. 37.Sec. 123 of No. 147 of the Acts of 1998 is amended to read:
Sec. 123.Social welfare - Medicaid
Grants 303,709,303 301,502,811
Source of Funds
General fund 72,556,546 73,080,520
Federal funds 192,350,046 190,981,580
Special funds 38,802,711 37,440,711
Total 303,709,303 301,502,811
Of the above general fund appropriation, $200,000.00 shall be used to add the provision of dentures to the adult dental program which shall be matched with available federal funds.
Notwithstanding section 254 of Title 18 (Co-payment), any person eligible for assistance under Chapter 6 of Title 18 shall be subject to the same co-payment requirements that exist under Subchapter 1 of Chapter 19 of Title 33 (Medicaid).
The commissioner shall track enrollment on a monthly basis and shall cease enrollment, if necessary, in order to ensure that enrollment does not exceed allocated funds for this program. Of the above appropriation, $1,393,922.00 is allocated to fund the pharmaceutical assistance program. In the event that enrollment is closed due to cost pressures, when enrollment is reopened, it shall be done in a manner that gives priority to lower income applicants. The provisions of this and the preceding paragraph shall not become effective until Vermont's Title XIX agency has received approval from the federal Health Care Financing Administration for the inclusion of this benefit in its Vermont Health Access Plan waiver. In the event that such approval is not forthcoming, the present 50 percent benefit level of the VScript program shall not be reduced without prior approval of the Emergency Board. The Emergency Board may not transfer VHAP trust funds to this appropriation to support VScript. In no event shall additional VHAP trust funds above what is authorized by Act 14 of 1995 be used for VScript.
Notwithstanding other provisions of law, the commissioner shall have the authority to establish by rule, program premiums and cost sharing requirements for individuals and households eligible for medical assistance under either the provisions of Title XIX or Title XXI of the Social Security Act, whichever is applicable. Program premiums and cost sharing requirements may be adjusted periodically by rule based on inflation or program changes.
Premiums collected from these Titles XIX and XXI eligible individuals and households shall be credited to a special fund and shall be available to the department to offset the costs of providing services.
The department shall, by rule, establish an exemption from Medicaid estate recovery for a homestead of modest value. Modest value shall be defined as the highest value for which the department can receive approval from the health care financing administration (HCFA) or that value which assures revenue neutrality when considered in conjunction with the recent Medicaid rule changes relating to revocable trusts, whichever is lower.
The exemption shall apply to all homes, but only up to the modest value, as defined herein, in the event that the department receives HCFA approval for such exemption. Additionally, the exemption shall apply only when the homestead would pass either to a lineal heir or to an individual who demonstrates to the department's satisfaction that the individual provided care to the decedent that permitted him or her to reside at home rather than in an institution for at least two years. The department shall discuss these matters fully with HCFA and involve affected consumer groups in these discussions. The exemption policy specified herein shall become effective for probate estates opened after January 1, 1999, or the effective date of the Title XIX state plan amendment setting forth this exemption policy and approved by HCFA, whichever is later.