NO. 122Page 1
NO. 122. AN act making appropriations for the support of government.
(H.768)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2005 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2005. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2004. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2005 so as to meet this condition unless otherwise directed by specific language in this act.
Sec. 3. APPROPRIATIONS
(a) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are declared to be single-year appropriations and only for the purpose indicated. These appropriations shall be the only appropriations available notwithstanding any other acts or laws. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.
(b) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2005.
Sec. 4. TIME AVAILABLE
(a) The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2005. The balance of any appropriations made in this act remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act. Refunds of expenditures and reimbursements, except liability insurance premiums which have been paid from the appropriations of a prior year, shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year, unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended.
Sec. 5. DEFINITIONS
(a) For the purposes of this act:
(1) “Encumbrances” means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) “Grants” means subsidies, aid, or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies and cash or other direct assistance, including pension contributions.
(3) “Operating expenses” means supplies - food, medical, clothing, educational, fuel, highway materials and similar items; contractual services - postage, telephone, travel expenses, light, heat and power, rentals, insurance and other similar items; equipment articles of substantial value which have a long period of usefulness - desks, computers, typewriters, furniture, motor vehicles and similar items; and expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items.
(4) “Personal services” means wages and salaries, consulting services, personnel benefits, personal injury benefits under 21 V.S.A. § 636, and similar items.
Sec. 6. SOURCE OF FUNDS
(a) The appropriations made in this act are made for the fiscal year ending June 30, 2005 except as provided in this act and are to be paid from funds shown as the source of funds.
Sec. 7. Secretary of administration - secretary’s office
Personal services385,524
Operating expenses58,878
Total444,402
Source of Funds
General fund381,798
Transportation fund49,704
Interdepartmental transfer12,900
Total444,402
Sec. 8. Information and innovation
Personal services3,747,066
Operating expenses811,915
Total4,558,981
Source of Funds
Internal service funds4,558,981
(a) The secretary of administration shall develop a process whereby the department of information and innovation shall be consulted and shall issue a written recommendation prior to any agency or department in the executive branch of state government’s action to: (1) expend or contract for the expenditure of an amount that is greater than an amount determined by the secretary of administration for information systems technology; or (2) hire additional information technology staff. Said recommendation shall be retained by the agency or department.
Sec. 9. Finance and management - financial operations
Personal services2,033,673
Operating expenses1,135,021
Total3,168,694
Source of Funds
Internal service funds3,168,694
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges of $3,980,857.00 are hereby approved. Of this amount, $767,163.00 will be used to support the HRMS system that is operated by the department of personnel.
Sec. 10. 32 V.S.A. § 307(e) is amended to read:
(e) The budget shall also include any proposed charges to be billed to departmental budgets for payment to the financial management, workers’ compensation, and facilities operations internal service funds where the total of such charges exceeds $1,000,000.00. The rates of any such. Such charges shall be subject to legislative approval. The departments of finance and management and buildings and general services shall include with their annual budget submissions details of any such charges to be made projected by department and the financial case for the proposed changes in charges for the three internal services funds.
Sec. 11. Finance and management - budget and management
Personal services870,222
Operating expenses101,766
Total971,988
Source of Funds
General fund772,314
Transportation fund110,428
Interdepartmental transfer89,246
Total971,988
(a) Notwithstanding 32 V.S.A § 588, the commissioner of finance and management is encouraged to minimize the number of special funds that are created in the statewide accounting system each fiscal year, to eliminate any redundancies with currently established special funds and to the extent possible, consolidate overlapping funds.
(b) The commissioner shall submit a report to the joint fiscal committee by December 1, 2004 on actions taken that do not require legislative approval and shall also include in the report recommendations to the general assembly for statutory amendments to simplify fund administration.
Sec. 12. Personnel - operations
Personal services1,489,050
Operating expenses296,200
Total1,785,250
Source of Funds
General fund1,113,729
Transportation fund342,921
Interdepartmental transfer328,600
Total1,785,250
(a) The department of personnel shall include in its annual report historical information on position reclassifications throughout state government and shall submit with its fiscal year 2006 budget proposal a recommendation for creating a structured, predictable approach to dealing with the reclassification issue.
Sec. 13. Personnel - HR workforce planning & employment services
Personal services754,361
Operating expenses302,850
Total1,057,211
Source of Funds
General fund634,000
Transportation fund200,211
Special funds223,000
Total1,057,211
Sec. 14. Personnel - employee benefits & wellness
Personal services1,329,731
Operating expenses237,870
Total1,567,601
Source of Funds
Internal service funds1,567,601
Sec. 15. Personnel - information technology
Personal services486,683
Operating expenses280,480
Total767,163
Source of Funds
Internal service funds767,163
Sec. 16. Libraries
Personal services1,908,066
Operating expenses1,479,087
Grants45,000
Total3,432,153
Source of Funds
General fund2,331,998
Special funds195,483
Federal funds752,672
Interdepartmental transfer152,000
Total3,432,153
Sec. 17. Tax - administration/collection
Personal services11,058,247
Operating expenses2,559,467
Total13,617,714
Source of Funds
General fund12,651,812
Transportation fund211,902
Special funds574,000
Interdepartmental transfer180,000
Total13,617,714
Sec. 18. Buildings and general services - administration
Personal services1,327,980
Operating expenses127,665
Total1,455,645
Source of Funds
Interdepartmental transfer1,455,645
(a) The implementation of the buildings and general services fleet management program shall be done in a manner to avoid any negative fiscal impact to the department of corrections.
Sec. 18a. MUNICIPAL AND NONPROFIT ASSISTANCE PROGRAM
(a) There is created a municipal and nonprofit assistance program to provide competitive grants to municipalities and nonprofit organizations throughout the state. The program shall be funded through direct appropriations of the general assembly. The commissioner of buildings and general services is authorized to award grants at his or her discretion consistent with the provisions of this section. The department of buildings and general services shall administer the program and is hereby authorized to adopt rules that are necessary for implementation of the program and consistent with the provisions of this section, includinga list of criteria by which applications will be evaluated.
Sec. 19. COMMUNITY ASSISTANCE PROGRAM
(a) There is created a community assistance program to provide grants to communities and nonprofit organizations throughout the state. The program shall be funded through direct appropriations of the general assembly. The commissioner of buildings and general services is authorized to award grants at his or her discretion consistent with the provisions of this section. The department of buildings and general services shall administer the program.
Sec. 20. Buildings and general services - engineering
Personal services1,836,763
Operating expenses403,666
Total2,240,429
Source of Funds
General fund2,013,413
Transportation fund152,016
Interdepartmental transfer75,000
Total2,240,429
Sec. 21. Buildings and general services - information centers
Personal services2,805,473
Operating expenses1,141,005
Grants350,000
Total4,296,478
Source of Funds
General fund197,186
Transportation fund4,099,292
Total4,296,478
Sec. 22. Buildings and general services - purchasing
Personal services764,564
Operating expenses259,591
Total1,024,155
Source of Funds
General fund762,555
Transportation fund261,600
Total1,024,155
Sec. 23. Buildings and general services - public records
Personal services766,755
Operating expenses460,809
Total1,227,564
Source of Funds
General fund961,726
Transportation fund88,205
Special funds177,633
Total1,227,564
Sec. 24. Buildings and general services - postal services
Personal services579,783
Operating expenses141,803
Total721,586
Source of Funds
General fund39,135
Transportation fund26,400
Internal service funds656,051
Total721,586
Sec. 25. Buildings and general services - copy center
Personal services751,421
Operating expenses457,602
Total1,209,023
Source of Funds
Internal service funds1,209,023
Sec. 26. Buildings and general services - supply center
Personal services243,949
Operating expenses196,641
Total440,590
Source of Funds
Internal service funds440,590
Sec. 27. Buildings and general services - federal surplus property
Personal services60,254
Operating expenses70,525
Total130,779
Source of Funds
Enterprise funds130,779
Sec. 28. Buildings and general services - state surplus property
Personal services54,229
Operating expenses67,342
Total121,571
Source of Funds
Internal service funds121,571
Sec. 29. Buildings and general services - property management
Personal services928,056
Operating expenses3,304,043
Total4,232,099
Source of Funds
Internal service funds4,232,099
Sec. 30. Buildings and general services - all other insurance
Personal services58,529
Operating expenses11,116
Total69,645
Source of Funds
Internal service funds69,645
Sec. 31. Buildings and general services - general liability insurance
Personal services704,745
Operating expenses31,986
Total736,731
Source of Funds
Internal service funds736,731
Sec. 32. Buildings and general services - workers’ compensation insurance
Personal services950,903
Operating expenses132,611
Total1,083,514
Source of Funds
Internal service funds1,083,514
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges of $9,565,000.00 are hereby approved.
Sec. 33. 29 V.S.A. § 1408(d) is amended to read:
(d) In subsequent years, the commissioner shall annually assess each program participant an amount to be deposited in the state employees’ workers’ compensation fund. The commissioner may adjust the annual assessment to assure that the debts and obligations of the program are adequately funded. However, the annual assessment shall not be greater than 150 percent or less than 50 percent of the annual assessment for that program participant for the preceding year.
Sec. 34. [Deleted]
Sec. 35. Buildings and general services - fee for space
Personal services9,079,294
Operating expenses9,018,740
Total18,098,034
Source of Funds
Internal service funds18,098,034
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges of $18,445,000.00 are hereby approved.
Sec. 36. Sec. 35(a) of No. 66 of the Acts of 2003 is amended to read:
(a) Pursuant to 29 V.S.A. § 160a(b)(3), fee for space charges of $16,934,155.00 are hereby approved. The commissioner of buildings and general services shall cause any deficit in the fee for space internal service fund at the end of fiscal year 2003 to be eliminated by the end of fiscal year 2014 through the aggressive management of expenditures and a surcharge on fees beginning in fiscal year 20052006.
Sec. 37. Geographic information system
Grants376,992
Source of Funds
Special funds376,992
Sec. 38. Auditor of accounts
Personal services1,844,953
Operating expenses109,150
Total1,954,103
Source of Funds
General fund453,732
Transportation fund58,845
Special funds52,746
Internal service funds1,388,780
Total1,954,103
Sec. 39. State treasurer
Personal services2,380,971
Operating expenses322,205
Grants75,000
Total2,778,176
Source of Funds
General fund833,409
Transportation fund103,208
Special funds1,378,559
Pension trust fund400,500
Private purpose trust fund62,500
Total2,778,176
(a) The above appropriation includes $50,000.00 in general funds, which shall be used for a grant to the firefighters survivors benefit expendable trust fund.
(b) Of the above general fund appropriation, $25,000.00 shall be deposited into the armed services scholarship fund established in H.258 of 2004.
Sec. 40. State treasurer - abandoned property
Personal services262,922
Operating expenses194,800
Total457,722
Source of Funds
Private purpose trust fund457,722
Sec. 41. Vermont state retirement system
Personal services18,068,186
Operating expenses699,809
Total18,767,995
Source of Funds
Pension trust fund18,767,995
Sec. 42. Municipal employees’ retirement system
Personal services1,426,248
Operating expenses206,527
Total1,632,775
Source of Funds
Pension trust fund1,632,775
Sec. 43. State labor relations board
Personal services147,387
Operating expenses34,740
Total182,127
Source of Funds
General fund171,697
Transportation fund4,560
Special funds5,870
Total182,127
Sec. 44. REVERSION TO GENERAL FUND
(a) Notwithstanding any other provision of law, $20,000.00 in general funds appropriated in Sec. 42 of No. 66 of the Acts of 2003 to the state labor relations board shall revert to the general fund in fiscal year 2005.
Sec. 45. Executive office - Governor’s office
Personal services1,123,181
Operating expenses339,100
Total1,462,281
Source of Funds
General fund1,141,866
Transportation fund156,230
Special funds3,185
Interdepartmental transfer161,000
Total1,462,281
Sec. 46. Executive office - national and community service
Personal services175,347
Operating expenses118,501
Grants1,443,340
Total1,737,188
Source of Funds
General fund56,528
Federal funds1,680,660
Total1,737,188
Sec. 47. VOSHA review board
Personal services31,350
Operating expenses8,844
Total40,194
Source of Funds
General fund20,097
Federal funds20,097
Total40,194
Sec. 48. Use tax reimbursement fund - municipal current use
Grants6,199,670
Source of Funds
General fund3,889,280
Transportation fund2,310,390
Total6,199,670
Sec. 49. Lieutenant governor
Personal services125,062
Operating expenses9,585
Total134,647
Source of Funds
General fund115,517
Transportation fund19,130
Total134,647
Sec. 50. [Deleted]
Sec. 51. Legislature
Personal services2,665,198
Operating expenses1,967,116
Total4,632,314
Source of Funds
General fund3,935,297
Transportation fund697,017
Total4,632,314
(a) Of the above appropriation, $15,000.00 shall be used for a grant to the national legislative association on prescription drug pricing. The payment of any additional funds to the association must be approved by the president pro tempore of the senate and the speaker of the house.
Sec. 51a. 2004 LEGISLATIVE SESSION; DAILY COMPENSATION
(a) In lieu of the weekly salary entitlement in sections 1051 and 1052 of Title 32, after May 15, 2004, a member of the house or senate is entitled to reimbursement for expenses and compensation for services at the daily rate provided in those sections for each day of attendance at a session of the 2004 adjourned session, and for attendance at a meeting of a committee of conference on any day on which the member’s chamber is not in session after May 15, 2004 through adjournment sine die of the 2004 adjourned session.
Sec. 52. Legislative council
Personal services1,575,895
Operating expenses116,222
Total1,692,117
Source of Funds
General fund1,460,193
Transportation fund231,924
Total1,692,117
Sec. 52a. Legislative information technology
Personal services 226,325
Operating expenses287,959
Total 514,284
Source of Funds
General fund 514,284
(a) Funds appropriated in this section for legislative information technology shall be expended in fiscal year 2005 by the legislative council with the recommendation of the ad hoc joint legislative oversight committee on information technology and a staff oversight group consisting of the legislative counsel, the fiscal officer, the sergeant at arms, the clerk of the house, and the secretary of the senate. On or before January 15, 2005, the ad hoc joint committee and the staff oversight group shall present to the house and senate committees on appropriations and government operations a plan for the oversight, management, and expenditure of funds for information technology by the legislative branch for fiscal year 2006 and future fiscal years. As part of this process, the legislative and staff oversight group shall develop job descriptions for information technology employees, work plans, and specific strategies to address the recommendations contained in the NCSL assessment of the Vermont Legislative Information Technology System.
Sec. 53. Sergeant at arms
Personal services449,154
Operating expenses47,662
Total496,816
Source of Funds
General fund456,405
Transportation fund40,411
Total496,816
(a) The sergeant at arms office shall submit to the joint fiscal committee at its July 2004 meeting, a summary of the security coverage plan for fiscal year 2005. Minimizing the amount of overtime and duplicative coverage shall be a priority in development of the plan. The summary submitted shall include the hours and number of persons for the hours of coverage proposed.
Sec. 54. Joint fiscal committee
Personal services898,960
Operating expenses67,224
Total966,184
Source of Funds
General fund831,789
Transportation fund134,395
Total966,184
Sec. 55. Lottery commission
Personal services1,253,912
Operating expenses903,902
Total2,157,814
Source of Funds
Enterprise funds2,157,814
(a) The lottery commission shall not reduce funding for the responsible gambling program.
(b) The lottery commission shall transfer $90,000.00 to the department of health, office of alcohol and drug abuse programs to support the gambling addiction program.
Sec. 56. Payments in lieu of taxes
Grants2,500,000
Source of Funds
General fund800,000
Special funds1,700,000
Total2,500,000
(a) The above appropriation is for state payments in lieu of property taxes under 32 V.S.A. chapter 123, subchapter 4, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.
Sec. 57. Payments in lieu of taxes - Montpelier
Grants184,000
Source of Funds
General fund184,000
Sec. 58. Payments in lieu of taxes - correctional facilities
Grants40,000
Source of Funds
General fund40,000
Sec. 59. Total general government117,366,399
Source of Funds
General fund36,763,760
Transportation fund9,298,789
Special funds4,687,468
Federal funds2,453,429
Enterprise funds2,288,593
Internal service funds38,098,477
Pension trust funds20,801,270
Private purpose trust funds520,222
Interdepartmental transfer2,454,391
Total117,366,399
Sec. 60. Protection to persons and property - attorney general
Personal services4,838,548
Operating expenses898,080
Total5,736,628
Source of Funds
General fund2,550,429
Transportation fund69,061
Special funds1,014,901
Tobacco fund290,000
Federal funds573,500
Interdepartmental transfer1,238,737
Total5,736,628
Sec. 61. Vermont court diversion
Grants1,470,071
Source of Funds
General fund927,238
Transportation fund142,833
Special funds400,000
Total1,470,071
Sec. 62. Center for crime victims services
Personal services1,159,300
Operating expenses353,286
Grants7,246,000
Total8,758,586
Source of Funds
General fund963,878
Special funds3,400,000
Federal funds4,332,208
Interdepartmental transfer62,500
Total8,758,586
(a) The center shall convene a supervised visitation advisory board which will consist of a representative from the department of social and rehabilitation services, the agency of human services, the office of child support, the Vermont network against domestic violence and sexual assault, and the center for crime victims services. The advisory board will assist in the design of a program evaluation for all supervised visitation programs in Vermont prior to the allocation of fiscal year 2005 funding, make decisions regarding the allocation of fiscal year 2005 funding to supervised visitation programs in Vermont, and study and report to the general assembly on January 1, 2005 their recommendation as to the most appropriate state agency to provide oversight and administer state funding for supervised visitation programs in Vermont, and develop standards of service to ensure high quality services to families utilizing supervised visitation programs in Vermont. Of the above general fund appropriation, $10,000.00 shall be used for program evaluation of the supervised visitation programs in Vermont.
(b) Of the above general fund appropriation, $100,000.00 shall be used for grants to the supervised visitation programs pursuant to the recommendations of the advisory board.
(c) Of the above general fund appropriation, $75,000.00 shall be used for grants to the four existing child advocacy centers. These funds shall be distributed in accordance with a plan developed by the center for crime victims services in collaboration with the child advocacy centers. The center for crime victims services, the department of social and rehabilitation services, and the agency of human services shall work collaboratively to make recommendations for sustaining services provided by the four child advocacy centers.