ADDENDUM
TO THE
HOUSECALENDAR
OF
THURSDAY
MAY 26, 2005
H. 516
SENATE PROPOSAL OF AMENDMENT
SENATE PROPOSAL OF AMENDMENT
H. 516
An act making appropriations for the support of government.
The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2006 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2006. It is the express intent of the general assembly that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2005. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2006 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 3. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2006.
(b) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are single-year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.
(c) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2006.
(d) The balance of any appropriations remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act or other acts of the general assembly. Refunds of expenditures and reimbursements shall be credited to the appropriate fund and to appropriation accounts in the current fiscal year.
Sec. 4. DEFINITIONS
(a) For the purposes of this act:
(1) "Encumbrances" means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) "Grants" means subsidies, aid, or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.
(3) "Operating expenses" means property management, repair and maintenance; rental expenses; insurance, postage, travel, energy and utilities, office and other supplies; equipment, including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.
(4) "Personal services" means wages and salaries, fringe benefits, per diems, and contracted third-party services; and similar items.
Sec. 5. Secretary of administration - secretary's office
Personal services445,340
Operating expenses51,583
Grants400,000
Total896,923
Source of funds
General fund846,821
Transportation fund50,102
Total896,923
(a) The secretary of administration and the state archivist jointly are directed to develop a comprehensive strategy for the management of all records created by state agencies, including but not limited to the following areas:
(1) appraisal of all current records management programs required under 3 V.S.A. § 218;
(2) the use and management of electronic records;
(3) the development of records management training.
(b) The secretary of administration shall direct each agency to revise and implement by September 1, 2005 public records retention and storage policies based on actual retrieval histories and applicable statutory mandates.
(c) The secretary of administration and the state archivist shall report to the house and senate committees on government operations and appropriations on this initiative on or before January 15, 2006, and recommend any statutory changes that will reduce the amount of records maintained and stored by state agencies.
(d) Of the above appropriation $400,000, is for grants to regional marketing programs (RMP). These funds plus additional funds appropriated in this act for regional marketing activities shall continue to be distributed by the existing formula. RMP funds shall be used on the following marketing activities (in no specific order): regional websites, consumer/trade shows, packages/itineraries, regional publications and guides, toll free phone lines and fulfillment, public relations, advertising, familiarization tours, welcome center promotion, joint projects, and administration.
Sec. 6. IN-STATE TRAVEL REDUCTION
(a) The secretary of administration is directed to reduce in-state travel budgets, thereby reducing operating expense appropriations by $125,000 in general funds throughout the executive branch of state government and in place of this funding, encourage departments and agencies to utilize Vermont interactive television for meetings. The secretary shall report to the house and senate committees on appropriations by the end of December 2006 on the use of Vermont interactive television by state agencies and departments during fiscal year 2006.
Sec. 7. Information and innovation - GOVnet
Personal services567,046
Operating expenses189,353
Total756,399
Source of funds
Internal service funds756,399
Sec. 8. Information and innovation - communications and information technology
Personal services3,482,819
Operating expenses563,177
Total4,045,996
Source of funds
Internal service funds4,045,996
(a) The commissioner of information and innovation shall, with the cooperation of the legislative director of information technology, report to the general assembly by January 15, 2006 on the potential for conversion of the current legislative e-mail service to the same system used by the executive branch. The report shall include direct savings and costs associated with such a conversion, a time line for such a conversion and how customer service, training, privacy and security concerns would be addressed in such a conversion.
(b) The commissioner of information and innovation shall report to the general assembly by January 15, 2006 on the potential for conversion of the current telephone system to a voice-over internet protocol (VOIP) based system. The report shall include the estimated cost of such a conversion, the potential savings a VOIP system may provide, and consideration of customer service concerns from both the state employee and state citizen perspective.
Sec. 9.Finance and management - financial operations
Personal services2,139,003
Operating expenses1,203,059
Total3,342,062
Source of funds
Internal service funds3,342,062
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $4,295,964, plus the costs of fiscal year 2006 salary increases bargained as part of the State/VSEA agreement, are hereby approved. Of this amount, $867,229 will be used to support the HRMS system that is operated by the department of human resources.
Sec. 10. Finance and management - budget and management
Personal services908,332
Operating expenses128,752
Total1,037,084
Source of funds
General fund816,881
Transportation fund111,313
Interdepartmental transfer108,890
Total1,037,084
(a) The department of finance and management shall propose to the legislature on January 15, 2006 the necessary statutory language and process changes required to consolidate at least 20 percent of the special funds currently in the statewide accounting system.
Sec. 11. Human resources - operations
Personal services1,606,082
Operating expenses314,842
Total1,920,924
Source of funds
General fund1,281,126
Transportation fund347,778
Interdepartmental transfer292,020
Total1,920,924
Sec. 12. Human resources - HR workforce planning & employment services
Personal services841,435
Operating expenses301,357
Total1,142,792
Source of funds
General fund708,084
Transportation fund199,708
Special funds235,000
Total1,142,792
(a) A limited service position of assistant secretary of contract negotiations and administration is created effective July 1, 2005within the secretary of administration’s office to eliminate the need to utilize third party contractors in contract negotiations with the VermontState Employee’s Association, and to assist with contract administration. The position shall be used to assist the secretary in collective bargaining, labor relations and dispute resolution, and with any other task or duty relating to the establishment and maintenance of good labor relations. The position is abolished on June 30, 2007, unless extended by the General Assembly.
Sec. 13. Human resources - employee benefits & wellness
Personal services1,448,884
Operating expenses355,564
Total1,804,448
Source of funds
Internal service funds1,804,448
Sec. 14. Human resources - information technology
Personal services515,184
Operating expenses370,605
Total885,789
Source of funds
Internal service funds885,789
Sec. 15. Libraries
Personal services1,881,114
Operating expenses1,573,421
Grants70,000
Total3,524,535
Source of funds
General fund2,328,186
Special funds227,820
Federal funds812,529
Interdepartmental transfer156,000
Total3,524,535
Sec. 16. Tax - administration/collection
Personal services11,477,404
Operating expenses2,684,071
Total14,161,475
Source of funds
General fund13,167,874
Transportation fund213,601
Tobacco fund58,000
Special funds542,000
Interdepartmental transfer180,000
Total14,161,475
Sec. 17. Buildings and general services - administration
Personal services1,438,892
Operating expenses109,308
Total1,548,200
Source of funds
Interdepartmental transfer1,548,200
(a) The department shall eliminate the director of security position. Savings associated with the elimination of this position shall remain in the balance of the facilities operations fund to reduce fund deficits or fee for space charges.
(b) The commissioner of the department may utilize up to $33,000 of funds allocated for major maintenance for improvements to rooms 27 and 28 of the state house.
Sec. 18. Buildings and general services - engineering
Personal services1,876,190
Operating expenses444,472
Total2,320,662
Source of funds
General fund2,173,473
Transportation fund102,189
Interdepartmental transfer45,000
Total2,320,662
Sec. 19. Buildings and general services - information centers
Personal services3,294,693
Operating expenses1,202,513
Grants370,000
Total4,867,206
Source of funds
General fund42,914
Transportation fund4,824,292
Total4,867,206
Sec. 20. Buildings and general services - purchasing
Personal services704,895
Operating expenses169,370
Total874,265
Source of funds
General fund656,618
Transportation fund217,647
Total874,265
Sec. 21. Buildings and general services - public records
Personal services863,949
Operating expenses701,543
Total1,565,492
Source of funds
General fund1,071,612
Transportation fund182,620
Special funds311,260
Total1,565,492
Sec. 22. Buildings and general services - postal services
Personal services599,500
Operating expenses142,952
Total742,452
Source of funds
General fund40,000
Transportation fund30,000
Internal service funds672,452
Total742,452
Sec. 23. Buildings and general services - copy center
Personal services788,629
Operating expenses215,702
Total1,004,331
Source of funds
Internal service funds1,004,331
Sec. 24. Buildings and general services - supply center
Personal services246,376
Operating expenses132,601
Total378,977
Source of funds
Internal service funds378,977
Sec. 25. Buildings and general services - federal surplus property
Personal services63,749
Operating expenses70,299
Total134,048
Source of funds
Enterprise funds134,048
Sec. 26. Buildings and general services - state surplus property
Personal services58,930
Operating expenses65,680
Total124,610
Source of funds
Internal service funds124,610
Sec. 27. Buildings and general services - property management
Personal services1,240,936
Operating expenses2,606,448
Total3,847,384
Source of funds
Internal service funds3,847,384
Sec. 28. Buildings and general services - all other insurance
Personal services59,648
Operating expenses11,739
Total71,387
Source of funds
Internal service funds71,387
Sec. 29. Buildings and general services - general liability insurance
Personal services223,314
Operating expenses38,632
Total261,946
Source of funds
Internal service funds261,946
Sec. 30. Buildings and general services - workers' compensation insurance
Personal services958,583
Operating expenses152,019
Total1,110,602
Source of funds
Internal service funds1,110,602
(a) Pursuant to 32 V.S.A. § 307(e), workers' compensation fund charges not to exceed $8,664,387, plus the costs of fiscal year 2006 salary increases bargained as part of the State/VSEA agreement, are hereby approved.
Sec. 31. Buildings and general services - fee for space
Personal services10,385,701
Operating expenses9,960,599
Total20,346,300
Source of funds
Internal service funds20,346,300
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $20,131,621, plus the costs of fiscal year 2006 salary increases bargained as part of the State/VSEA agreement, are hereby approved.
(b) The following 6 (six) classified positions with any incumbents shall be moved from the department of health – Vermont state hospital to the department of buildings and general services: Custodian I (position numbers 740652, 740684, 740716, 741010), Custodian III (position number 740651), and VSH Housekeeper (position number 740650).
Sec. 32. Geographic information system
Grants393,957
Source of funds
Special funds393,957
Sec. 33. Auditor of accounts
Personal services1,866,196
Operating expenses103,338
Total1,969,534
Source of funds
General fund468,742
Transportation fund59,317
Special funds54,455
Internal service funds1,387,020
Total1,969,534
Sec. 34. State treasurer
Personal services2,158,253
Operating expenses329,009
Grants25,000
Total2,512,262
Source of funds
General fund837,580
Transportation fund104,035
Special funds1,475,133
Private purpose trust fund95,514
Total2,512,262
(a) Of the above general fund appropriation, $25,000 shall be transferred into the armed services scholarship fund established in 16 V.S.A. § 2541.
Sec. 34a. 32 V.S.A. § 436 is amended to read:
§ 436. INTERFUND BORROWING
Notwithstanding any provisions of law, the state treasurer, with the approval of the governor, may borrow from any funds heretofore or hereafter created by the legislature such available amounts as he or she may determine to be necessary or desirable for the purpose of defraying the expenses of government, including the payment of notes issued for such purposes. Such borrowing may be only made twice a year; first, during the period commencing 15 business days prior to the end of the state's fiscal year and ending 15 business days after the end of the state's fiscal year, and second, during the period commencing on December 10, or the preceding Friday if December 10 shall fall on a Saturday or Sunday, and ending on January 10 of the succeeding year. During the period commencing with the first day of the state's succeeding fiscal year and ending on a date not more than 15 business days thereafter,No later than the last day of the period during which the funds were borrowed the state treasurer shall transfer to any such fund from which such initial borrowing has been made an amount equal to such borrowed amount, together with interest thereon at such rateas the state treasurer in his or her sole discretion shall determine.
Sec. 34b. COMMISSION ON FUNDING THE STATE TEACHERS’ RETIREMENT SYSTEM OF VERMONT PENSION ACCUMULATION FUND
(a) A commission is created to make recommendations for funding an adequate, sustainable, and actuarially sound retirement benefit plan for the state teachers’ retirement system of Vermont. The commission shall be comprised of the following 13 members:
(1) two members of the house of representatives, appointed by the speaker of the house;
(2) two members of the senate, appointed by the committee on committees;
(3) the chair of the board of trustees of the Vermont state teachers’ retirement system;
(4) the commissioner of finance and management;
(5) the commissioner of education;
(6) the state treasurer;
(7) two members of the Vermont national education association, appointed by the association;
(8) one member of the Vermont superintendents’ association, appointed by the association;
(9) one member of the Vermont school boards’ association, appointed by the association; and
(10) one public member with pension and benefit experience, appointed by the governor.
(b) The commission shall file a report of its recommendations with the governor and the general assembly on November 15, 2005.
(c) Legislative members shall be entitled to per diem compensation and expenses as provided for in section 406 of Title 2.
Sec. 35. State treasurer - abandoned property
Personal services541,534
Operating expenses242,188
Total783,722
Source of funds
Private purpose trust fund783,722
Sec. 36. Vermont state retirement system
Personal services20,448,159
Operating expenses729,324
Total21,177,483
Source of funds
Pension trust fund21,177,483
Sec. 37. Municipal employees' retirement system
Personal services1,427,518
Operating expenses213,732
Total1,641,250
Source of funds
Pension trust fund1,641,250
Sec. 38. State labor relations board
Personal services157,439
Operating expenses40,128
Total197,567
Source of funds
General fund187,100
Transportation fund4,597
Special funds5,870
Total197,567
Sec. 39. Executive office - governor's office
Personal services1,158,112
Operating expenses369,756
Total1,527,868
Source of funds
General fund1,206,200
Transportation fund157,483
Special funds3,185
Interdepartmental transfer161,000
Total1,527,868
Sec. 40. Executive office - national and community service
Personal services191,634
Operating expenses121,871
Grants1,745,415
Total2,058,920
Source of funds
General fund56,528
Federal funds2,002,392
Total2,058,920
Sec. 41. VOSHA review board
Personal services31,652
Operating expenses8,542
Total40,194
Source of funds
General fund20,097
Federal funds20,097
Total40,194
Sec. 42. Use tax reimbursement fund - municipal current use
Grants6,898,455
Source of funds
General fund4,569,542
Transportation fund2,328,913
Total6,898,455
Sec. 43. Lieutenant governor
Personal services118,723
Operating expenses17,649
Total136,372
Source of funds
General fund117,089
Transportation fund19,283
Total136,372
Sec. 44. Legislature
Personal services2,925,702
Operating expenses2,191,219
Total5,116,921
Source of funds
General fund4,414,316
Transportation fund702,605
Total5,116,921
Sec. 45. Legislative council
Personal services1,685,880
Operating expenses136,604
Total1,822,484
Source of funds
General fund1,588,701
Transportation fund233,783
Total1,822,484
(a) The amount of $30,000 in general funds that are carried forward in this appropriation shall revert to the general fund in fiscal year 2006.
Sec. 46. Legislative information technology
Personal services309,186
Operating expenses254,227
Total563,413
Source of funds
General fund563,413
(a) The amount of $20,000 in general funds that are carried forward in this appropriation shall revert to the general fund in fiscal year 2006.
Sec. 47. Sergeant at arms
Personal services444,507
Operating expenses62,909
Total507,416
Source of funds
General fund466,681
Transportation fund40,735
Total507,416
Sec. 48. Joint fiscal committee
Personal services1,045,988
Operating expenses72,385
Total1,118,373
Source of funds
General fund982,901
Transportation fund135,472
Total1,118,373
Sec. 49. Lottery commission
Personal services1,279,592
Operating expenses1,097,167
Total2,376,759
Source of funds
Enterprise funds2,376,759
(a) The lottery commission shall not reduce funding for the responsible gambling program.
(b) The lottery commission shall transfer $180,000 to the department of health, office of alcohol and drug abuse programs, to support the gambling addiction program.
(c) Notwithstanding any other provision of law, all rules necessary to implement the Tri-State Triple Play game shall be promulgated by the Tri-State Lotto Commission, including those portions of the rules that are specific to the operation of the Tri-State Triple Play game in the state of Vermont.
Sec. 50. Payments in lieu of taxes
Grants2,500,000
Source of funds
General fund600,000
Special funds1,900,000
Total2,500,000
(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.
Sec. 51. Payments in lieu of taxes - Montpelier
Grants184,000
Source of funds
General fund184,000
Sec. 52. Payments in lieu of taxes - correctional facilities
Grants40,000
Source of funds
General fund40,000
Sec. 53. Total general government126,158,239
Source of funds
General fund39,311,479
Transportation fund10,065,473
Special funds5,148,680
Tobacco fund58,000
Federal funds2,835,018
Enterprise funds2,510,807
Internal service funds40,039,703
Pension trust funds22,818,733
Private purpose trust funds879,236
Interdepartmental transfer2,491,110
Total126,158,239
Sec. 54. Protection to persons and property - attorney general
Personal services5,356,126
Operating expenses924,563
Total6,280,689
Source of funds
General fund2,822,155
Transportation fund69,615
Special funds1,112,209
Tobacco fund290,000
Federal funds617,000
Interdepartmental transfer1,369,710
Total6,280,689
(a) Of the above appropriation, $25,000 shall be reserved by the attorney general for payment of expenses incurred by towns in defense of grand list appeals engaged in litigation with the Washington electric cooperative.
(b) Notwithstanding any other provisions of law, the office of the attorney general, Medicaid fraud control unit is authorized to retain one-half of any civil monetary penalty proceeds from global Medicaid fraud settlements. All penalty funds retained shall be used to finance Medicaid fraud and residential abuse unit activities.
Sec. 54a. 33 V.S.A. § 2005(a) is amended to read:
§ 2005. PHARMACEUTICAL MARKETERS
(a)(1) Annually on or before January 1December 1 of each year, every pharmaceutical manufacturing company shall disclose to the office of the attorney general the value, nature, and purpose of any gift, fee, payment, subsidy, or other economic benefitprovided in connection with detailing, promotional, or other marketing activities by the company, directly or through its pharmaceutical marketers, to any physician, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person in Vermont authorized to prescribe, dispense, or purchase prescription drugs in this state. Disclosure shall include the name of the recipient. Disclosure shall be made on a form and in a manner prescribed by the office of the attorney general and shall require pharmaceutical manufacturing companies to report the value, nature, and purpose of all gift expenditures according to specific categories. The office of the attorney general shall report annually on the disclosures made under this section to the general assembly and the governor on or beforeMarch 1April 1.