NO. 142Page 1
NO. 142. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.
(H.766)
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 2003 Appropriations Act.
Sec. 2. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2003. 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, 2002. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2003 so as to meet this condition, unless otherwise directed by specific language in this act.
Sec. 3. APPROPRIATIONS; NARRATIVES
(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, 2003.
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, 2003. 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 section 636 of Title 21 of the Vermont Statutes Annotated and similar items.
Sec. 6. SOURCE OF FUNDS
(a) The appropriations made in this act are made for the fiscal year ending June 30, 2003, 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 services709,040
Operating expenses60,603
Total769,643
Source of funds
General fund412,988
Transportation fund61,875
Interdepartmental transfer294,780
Total769,643
Sec. 8. ANTI-TERRORISM AND BIO-TERRORISM CONTROL
FEDERAL GRANTS
(a) To effectively utilize and manage federal funds received to support state and local anti-terrorism and bio-terrorism control efforts, all state departments and agencies applying for federal funds shall review applications with the department of finance and management, and any allocation of federal funds to state departments and programs shall be approved by the department of finance and management and the secretary of administration.
(b) The secretary of administration is directed to:
(1) Submit a plan for spending any funds to the general assembly if it is in session, otherwise to the joint fiscal committee at a regularly scheduled meeting. The plan shall specifically identify:
(A) any new base spending proposed;
(B) the duration of the federal grant;
(C) any commitments required by the federal government if a grant is accepted; and
(D) if applicable under federal guidelines, funding for the department of public safety, the department of health, victim services and compensation planning as well as inclusion of the poison center’s role and funding needs.
(2) No plan submitted pursuant to subdivision (1) of this section shall become effective unless approved by the general assembly, if it is in session, otherwise by the joint fiscal committee.
(3) The administration shall maximize to the extent possible the use of federal anti-terrorism funds to support state anti-terrorism activities. The intent of the legislature is to avoid duplication with state funds of any allowable expenditure of federal anti-terrorism funds.
Sec. 9. Secretary of administration - GOVnet
Personal services383,058
Operating expenses1,356,092
Total1,739,150
Source of funds
Internal service funds1,739,150
Sec. 10. Finance and management - financial operations
Personal services1,280,477
Operating expenses988,363
Total2,268,840
Source of funds
Internal service funds2,268,840
Sec. 11. Finance and management - budget and management
Personal services751,832
Operating expenses96,072
Total847,904
Source of funds
General fund612,323
Transportation fund132,511
Interdepartmental transfer103,070
Total847,904
Sec. 12. Finance and management - education and functional support
Personal services229,688
Operating expenses39,102
Total268,790
Source of funds
Internal service funds268,790
Sec. 13. Personnel - operations
Personal services2,068,869
Operating expenses566,810
Total2,635,679
Source of funds
General fund1,331,651
Transportation fund521,530
Special funds48,000
Internal service funds696,994
Interdepartmental transfer37,504
Total2,635,679
Sec. 14. Personnel - recruitment services
Personal services384,553
Operating expenses217,528
Total602,081
Source of funds
General fund300,564
Transportation fund126,517
Special funds175,000
Total602,081
Sec. 15. Personnel - employee benefits
Personal services1,336,550
Operating expenses354,497
Total1,691,047
Source of funds
Internal service funds1,691,047
Sec. 16. Libraries
Personal services1,621,927
Operating expenses1,391,996
Grants404,920
Total3,418,843
Source of funds
General fund2,182,809
Special funds50,300
Federal funds1,049,734
Interdepartmental transfer136,000
Total3,418,843
Sec. 17. Libraries - special services: handicapped
Personal services186,703
Operating expenses25,813
Total212,516
Source of funds
General fund88,292
Special funds1,000
Federal funds123,224
Total212,516
Sec. 18. Tax - administration/collection
Personal services9,077,300
Operating expenses2,346,705
Total11,424,005
Source of funds
General fund10,636,283
Transportation fund263,785
Special funds350,937
Tobacco fund58,000
Interdepartmental transfer115,000
Total11,424,005
Sec. 19. Tax - revenue and returns processing
Personal services967,801
Operating expenses314,285
Total1,282,086
Source of funds
General fund1,282,086
Sec. 20. Buildings and general services - administration
Personal services1,038,711
Operating expenses164,439
Total1,203,150
Source of funds
Interdepartmental transfer1,203,150
Sec. 21. Buildings and general services - engineering
Personal services1,620,002
Operating expenses328,780
Total1,948,782
Source of funds
General fund1,650,528
Transportation fund233,254
Interdepartmental transfer65,000
Total1,948,782
Sec. 22. Buildings and general services - information centers
Personal services2,630,396
Operating expenses845,097
Grants255,000
Total3,730,493
Source of funds
General fund397,769
Transportation fund3,332,724
Total3,730,493
Sec. 23. Buildings and general services - purchasing
Personal services775,375
Operating expenses272,359
Total1,047,734
Source of funds
General fund787,670
Transportation fund260,064
Total1,047,734
Sec. 24. Buildings and general services - public records
Personal services784,046
Operating expenses379,452
Total1,163,498
Source of funds
General fund905,296
Transportation fund87,992
Special funds170,210
Total1,163,498
Sec. 25. Buildings and general services - postal
Personal services600,979
Operating expenses342,729
Total943,708
Source of funds
General fund108,082
Transportation fund65,291
Internal service funds770,335
Total943,708
Sec. 26. Buildings and general services - copy center
Personal services697,657
Operating expenses840,052
Total1,537,709
Source of funds
Internal service funds1,537,709
Sec. 27. Buildings and general services - supply center
Personal services241,252
Operating expenses232,618
Total473,870
Source of funds
Internal service funds473,870
Sec. 28. Buildings and general services - federal surplus property
Personal services53,755
Operating expenses106,878
Total160,633
Source of funds
Enterprise funds160,633
Sec. 29. Buildings and general services - state surplus property
Personal services49,272
Operating expenses56,884
Total106,156
Source of funds
Internal service funds106,156
Sec. 30. Buildings and general services - property management
Personal services773,378
Operating expenses3,145,884
Total3,919,262
Source of funds
Internal service funds3,919,262
Sec. 31. Buildings and general services - all other insurance
Personal services49,578
Operating expenses26,077
Total75,655
Source of funds
Internal service funds75,655
Sec. 32. Buildings and general services - general liability insurance
Personal services312,382
Operating expenses494,929
Total807,311
Source of funds
Internal service funds807,311
Sec. 33. Buildings and general services - workers’ compensation insurance
Personal services862,592
Operating expenses288,743
Total1,151,335
Source of funds
Internal service funds1,151,335
(a) The establishment of one (1) new classified position - Loss Prevention Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 34. Buildings and general services - communications & information technology
Personal services2,560,881
Operating expenses3,604,266
Total6,165,147
Source of funds
Internal service funds6,165,147
Sec. 35. Buildings and general services - fee for space
Personal services5,635,591
Operating expenses8,545,828
Total14,181,419
Source of funds
General fund573,016
Internal service funds13,608,403
Total14,181,419
(a) The establishment of two (2) new classified positions - one (1) Maintenance Mechanic II and one (1) Plant Maintenance Supervisor A - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.
Sec. 36. [Omitted]
Sec. 37. Geographic information system
Grants376,992
Source of funds
Special funds376,992
Sec. 37a. REPEAL
(a) Sec. 4 of No. 204 of the Acts of 1994 (sunset on the geographic information system and its authority to enter into contracts), as amended by Sec. 1 of No. 143 of the Acts of 1998 and as further amended by Sec. 1 of No. 72 of the Acts of 2000, is repealed.
Sec. 38. Auditor of accounts
Personal services1,504,309
Operating expenses109,150
Total1,613,459
Source of funds
General fund475,151
Transportation fund70,368
Special funds52,167
Internal service funds1,015,773
Total1,613,459
Sec. 39. State treasurer
Personal services2,176,246
Operating expenses316,520
Total2,492,766
Source of funds
General fund617,438
Transportation fund123,714
Special funds1,166,413
Pension trust funds545,000
Private purpose trust funds40,201
Total2,492,766
(a) The conversion of one (1) limited service position - Accountant B - to permanent is authorized in fiscal year 2003.
Sec. 40. State treasurer - abandoned property
Personal services70,373
Operating expenses95,183
Total165,556
Source of funds
Private purpose trust funds165,556
Sec. 41. Vermont state retirement system
Personal services14,541,400
Operating expenses146,039
Total14,687,439
Source of funds
Special funds14,687,439
Sec. 41a. LEGISLATIVE STUDY COMMITTEE ON DEVELOPING
PROPOSALS FOR TRANSFERRING LAW ENFORCEMENT
OFFICERS AND FIREFIGHTERS INTO THE GROUP C PLAN
OF THE VERMONT STATE RETIREMENT SYSTEM
(a) A legislative study committee is created to recommend options for transferring state law enforcement officers and firefighters hired prior to July1, 2000, from the Group F plan to the Group C plan of the Vermont state retirement system. Specifically, the committee shall:
(1) Evaluate the recommendations of the legislative study committee on eligibility criteria for plans of the Vermont state retirement system established in Sec. 3 of No. 57 of the Acts of 2001;
(2) Report to the general assembly on specific proposals for transitioning current law enforcement officers or firefighters who are members of the Group F plan into the Group C plan;
(3) Report to the general assembly on other possible alternatives for establishing parity among law enforcement officers and firefighters hired before and after July 1, 2000.
(b) The committee shall be comprised of the following members: two members of the house committee on government operations and one member of the house committee on appropriations appointed by the speaker of the house, three members of the senate committee on government operations appointed by the committee on committees, the commissioner of personnel, the state treasurer or designee, two representatives of the Vermont state employees’ association, the director of retirement services, the chair of the Vermont state retirement system board of trustees, and the commissioner of finance and management or designee.
(c) Legislative members shall be entitled to compensation and reimbursement of expenses under section 406 of Title 2.
(d) The committee may meet up to two times, and shall file a report of its recommendations with the general assembly by January 15, 2003. The report shall include the estimated costs of each proposal as well as the impact of each proposal on the Vermont state retirement system.
Sec. 42. Municipal employees’ retirement system
Personal services1,002,100
Operating expenses46,826
Total1,048,926
Source of funds
Special funds1,048,926
Sec. 43. State labor relations board
Personal services148,509
Operating expenses34,906
Total183,415
Source of funds
General fund172,185
Transportation fund5,528
Special funds5,702
Total183,415
(a) The joint fiscal office shall review methods of funding labor relations boards in other states, and on or before December 1, 2002, report to the house and senate committees on appropriations on such methods, and provide recommendations for funding the Vermont state labor relations board in future fiscal years.
Sec. 44. Executive office
Personal services1,048,906
Operating expenses296,097
Grants51,978
Total1,396,981
Source of funds
General fund1,097,120
Transportation fund187,676
Special funds3,185
Interdepartmental transfer109,000
Total1,396,981
Sec. 45. Executive office - national and community service
Personal services153,402
Operating expenses95,219
Grants1,428,643
Total1,677,264
Source of funds
General fund60,803
Federal funds1,616,461
Total1,677,264
Sec. 46. Governor-elect
Personal services20,000
Operating expenses10,000
Total30,000
Source of funds
General fund30,000
(a) The funds in this section are for costs incurred by the transitions of the executive office. No funds shall be used for inaugural celebrations. Any unexpended portion of these funds shall revert to the general fund.
Sec. 47. VOSHA review board
Personal services29,184
Operating expenses9,180
Total38,364
Source of funds
General fund18,988
Federal funds19,376
Total38,364
Sec. 48. [Omitted]
Sec. 49. Use tax reimbursement fund - municipal current use
Grants5,100,000
Source of funds
General fund3,029,610
Transportation fund2,070,390
Total5,100,000
Sec. 50. Lieutenant governor
Personal services102,844
Operating expenses13,881
Total116,725
Source of funds
General fund94,114
Transportation fund22,611
Total116,725
Sec. 51. Legislature
Personal services2,591,215
Operating expenses2,136,950
Total4,728,165
Source of funds
General fund3,868,478
Transportation fund859,687
Total4,728,165
(a) Of the above general fund appropriation, $15,000.00 shall be available for new member orientation.
(b) Of the above general fund appropriation, $50,000.00 shall be available to support the Northeast Legislative Association on Prescription Drug Pricing.
(c) It is the intent of the legislature that legislative leadership consider the use of unpaid recess of the legislature as appropriate and applicable should the budget presentation be delayed during the 2003 session due to transition of executive administration.
Sec. 51a. FISCAL YEAR 2002 LEGISLATURE BUDGET ADJUSTMENT
(a) There is appropriated to the legislature $200,000.00 in general funds for fiscal year 2002 expenses.
Sec. 51b. 3 V.S.A. § 635a is amended to read:
§ 635a. COVERAGE; MEMBERS OF THE GENERAL ASSEMBLY
(a) A member of the general assembly and a session employee of the legislature or the legislative council shall be eligible to participate in the group health insurance program provided in this chapter, or in any group dental insurance program negotiated in a collective bargaining agreement with state employees. Premiums shall be paid at the full actuarial rate by the legislator or employee with no contribution from the state and shall be deducted from compensation due for services rendered during the legislative session or assessed, and paid directly by the legislator or employee.
(b) A person who elects to participate in the group health insurance program or in the group dental insurance program under this section shall notify the program's administrator, in writing, of such election. The enrollment period for persons electing under this section shall correspond with the enrollment period for state employees.
Sec. 52. Legislative council
Personal services1,661,561
Operating expenses92,090
Total1,753,651
Source of funds
General fund1,475,527
Transportation fund278,124
Total1,753,651
(a) User satisfaction with the ease and efficiency of electronic communications systems in the State House shall be a priority for the information technology division of the legislative council.
Sec. 53. Sergeant at arms
Personal services317,512
Operating expenses51,388
Total368,900
Source of funds
General fund320,207
Transportation fund48,693
Total368,900
Sec. 53a. Sec. 44 of No. 63 of the Acts of 2001, as amended by Sec. 6 of No.110 of the Acts of 2002, is further amended to read:
Sec. 44. Sergeant at arms
Personal services286,778316,778
Operating expenses48,00048,000
Total334,778364,778
Source of funds
General fund286,935316,935
Transportation fund47,84347,843
Total334,778364,778
* * *
Sec. 54. Joint fiscal committee
Personal services842,642
Operating expenses66,184
Total908,826
Source of funds
General fund747,276
Transportation fund161,550
Total908,826
Sec. 54a. Sec. 45. of No. 63 of the Acts of 2001 is amended to read:
Sec. 45. Joint fiscal committee
Personal services757,503774,703
Operating expenses35,78335,783
Total793,286810,486
Source of funds
General fund634,915652,115
Transportation fund158,371158,371
Total 793,286 810,486
Sec. 55. Lottery commission
Personal services1,127,907
Operating expenses693,556
Total1,821,463
Source of funds
Enterprise funds1,821,463
Sec. 56. Payments in lieu of taxes
Grants2,400,000
Source of funds
General fund1,250,000
Special funds1,150,000
Total2,400,000
(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.
(b) The secretary of administration shall anticipate receipts in the PILOT special fund to ensure the total appropriation is available.
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 government106,909,338
Source of funds
General fund34,750,254
Transportation fund8,913,884
Special funds19,286,271
Tobacco fund58,000
Federal funds2,808,795
Enterprise funds1,982,096
Internal service funds36,295,777
Pension trust funds545,000
Private purpose trust funds205,757
Interdepartmental transfer2,063,504
Total106,909,338
Sec. 60. Protection to persons and property - Attorney general
Personal services4,344,999
Operating expenses860,860
Total5,205,859
Source of funds
General fund2,317,943
Transportation fund83,495
Special funds811,978
Tobacco fund290,000
Federal funds486,443
Interdepartmental transfer1,216,000
Total5,205,859
Sec. 61. Attorney general - telemarketing fraud
Personal services111,628
Operating expenses38,372
Total 150,000
Source of funds
Federal funds150,000
Sec. 62. Vermont court diversion
Grants1,104,555
Source of funds
General fund615,531
Transportation fund177,804
Special funds311,220
Total1,104,555
Sec. 63. Center for crime victims services
Personal services763,250
Operating expenses208,018
Grants4,292,230
Total5,263,498
Source of funds
General fund758,339
Special funds724,808
Federal funds3,740,351
Interdepartmental transfer40,000
Total5,263,498
(a) The $40,000.00 of federal grant funds transferred from the department of public safety shall be used for AIDS/HIV outreach to victims of sexual violence consistent with the intent of No. 49 of the Acts of 2001.
Sec. 64. Center for crime victims services - victim compensation
Grants575,000
Source of funds
Special funds405,000
Federal funds170,000
Total575,000
Sec. 65. State’s attorneys
Personal services6,826,326
Operating expenses990,905
Total7,817,231
Source of funds
General fund5,866,162
Transportation fund447,230
Special funds43,500
Federal funds5,000
Interdepartmental transfer1,455,339
Total7,817,231
(a) Of the above general fund appropriation, $25,000.00 shall be used to support a temporary deputy state’s attorney position in Addison County.
Sec. 66. Sheriffs
Personal services1,075,541
Operating expenses36,941
Total1,112,482
Source of funds
General fund1,075,541
Transportation fund36,941
Total1,112,482
(a) Of the above appropriation, $15,000.00 shall be transferred to the state’s attorneys office as reimbursement for the cost of the executive director’s salary.
Sec. 67. Sheriffs - transport
Personal services1,196,821
Operating expenses200,000
Total1,396,821
Source of funds
General fund749,687
Transportation fund647,134
Total1,396,821
(a) The general assembly finds that the increasing cost of prisoner transports from correctional centers to courts is placing a burden on the ability of the state to pay for such transports. The general assembly is concerned with preserving the due process rights of prisoners granted by the U.S. Constitution and the Vermont Constitution, yet it believes some court hearings can be held without the presence of a prisoner in the courtroom without any infringement upon the prisoner’s constitutional rights. Some hearings, such as status conferences, could be held without the participation of the prisoner; while others may be held with prisoner participation by telephone or video conference. It is the intent of the general assembly to preserve due process rights of prisoners while addressing the increased cost of detaining prisoners in the correctional centers while they wait for disposition of their cases. Accordingly, the general assembly hereby directs the department of state’s attorneys and sheriffs, the administrative judge for trial courts, the court administrator, the defender general and the commissioner of the department of corrections to work together to reduce the number of unnecessary prisoner transports to court hearings, taking into account the findings and intent of the general assembly, as stated in this subsection. The parties shall report to the chairs of the house and senate committees on appropriations and on judiciary by January 15, 2003, regarding the steps that have been taken and the impact those steps have had on reducing transports.