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.