NO. 152Page 1

NO. 152. AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT.

(H.842)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec.1.SHORT TITLE

This bill may be referred to as the BIG BILL - Fiscal Year 2001 Appropriations Act.

Sec.2.PURPOSE

The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2001. 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, 2000. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2001 so as to meet this condition unless otherwise directed by specific language in this act.

Sec.3.APPROPRIATIONS

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.

Sec.4.TIME AVAILABLE

The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2001. 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

For the purposes of this act:

(1) "Personal services" means wages and salaries, consulting services, personnel benefits, personal injury benefits under section 636 of Title 21 and similar items.

(2) "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.

(3) "Land, structures, improvements" means expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items.

(4) "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.

(5) "Other" means a lump sum appropriation not differentiated by object of expenditure.

(6) "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.

Sec.6.SOURCE OF FUNDS

The appropriations made in this act are made for the fiscal year ending June

30, 2001 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 services 589,217

Operating expenses 52,826

Total 642,043

Source of funds

General fund 376,009

Transportation fund 61,034

Interdepartmental transfer 205,000

Total 642,043

Sec.8.Secretary of administration - GOVNet

Personal services 370,732

Operating expenses 1,229,268

Total 1,600,000

Source of funds

Internal service funds 1,600,000

Sec.9.Finance and management - budget and management

Personal services 681,944

Operating expenses 54,908

Total 736,852

Source of funds

General fund 597,042

Transportation fund 129,810

Interdepartmental transfer 10,000

Total 736,852

Sec.10.Finance and management - financial operations

Personal services 890,023

Operating expenses 156,554

Total 1,046,577

Source of funds

General fund 643,553

Transportation fund 350,080

Federal fund 5,000

Special funds 47,944

Total 1,046,577

Sec.11.Personnel - operations

Personal services 2,144,305

Operating expenses 448,806

Total 2,593,111

Source of funds

General fund 1,831,020

Transportation fund 636,891

Special funds 48,000

Internal service funds 70,000

Interdepartmental transfer 7,200

Total 2,593,111

Sec.12.Personnel - employee benefits

Personal services 705,091

Operating expenses 304,935

Total 1,010,026

Source of funds

Internal service funds 1,010,026

(a) The establishment of one (1) new classified position - Medical Supervisor - is authorized in fiscal year 2001.

Sec.13.Buildings and general services - administrative

Personal services 731,557

Operating expenses 137,900

Total 869,457

Source of funds

General fund 430,428

Transportation fund 65,203

Interdepartmental transfer 373,826

Total 869,457

Sec.14.Buildings and general services - facilities operations

Personal services 5,780,547

Operating expenses 5,960,482

Total 11,741,029

Source of funds

General fund 9,635,731

Transportation fund 1,805,298

Interdepartmental transfer 300,000

Total 11,741,029

(a) The establishment of four (4) new classified positions - one (1) Plant Maintenance Supervisor A, two (2) Buildings Custodian A, and one (1) Buildings Custodian B - is authorized in fiscal year 2001.

Sec.15.Buildings and general services - engineering

Personal services 1,378,291

Operating expenses 184,750

Total 1,563,041

Source of funds

General fund 1,404,165

Transportation fund 93,876

Interdepartmental transfer 65,000

Total 1,563,041

Sec.16.Buildings and general services - property management

Personal services 501,929

Operating expenses 3,795,431

Total 4,297,360

Source of funds

Internal service funds 4,297,360

(a) The establishment of two (2) new classified positions - one (1) Data Base Administrator and one (1) Maintenance Mechanic B - is authorized in fiscal year 2001.

Sec.17.Buildings and general services - postal

Personal services 501,086

Operating expenses 358,438

Total 859,524

Source of funds

General fund 77,114

Transportation fund 65,291

Internal service funds 717,119

Total 859,524

Sec.18.Buildings and general services - supply center

Personal services 214,971

Operating expenses 196,781

Total 411,752

Source of funds

Internal service funds 411,752

Sec.19.Buildings and general services - copy center

Personal services 585,470

Operating expenses 833,263

Total 1,418,733

Source of funds

Internal service funds 1,418,733

Sec.20.Buildings and general services - purchasing

Personal services 637,068

Operating expenses 135,062

Total 772,130

Source of funds

General fund 512,066

Transportation fund 260,064

Total 772,130

Sec.21.Buildings and general services - public records

Personal services 654,583

Operating expenses 197,633

Total 852,216

Source of funds

General fund 594,014

Transportation fund 87,992

Special funds 170,210

Total 852,216

Sec.22.Buildings and general services - communications & information technology

Personal services 2,456,311

Operating expenses 3,341,100

Total 5,797,411

Source of funds

Internal service funds 5,797,411

Sec.23.Buildings and general services - state surplus property

Personal services 40,628

Operating expenses 29,908

Total 70,536

Source of funds

Internal service funds 70,536

Sec.24.Buildings and general services - federal surplus property

Personal services 37,860

Operating expenses 62,755

Total 100,615

Source of funds

Enterprise funds 100,615

Sec.25.Buildings and general services - workers' compensation insurance

Personal services 727,418

Operating expenses 192,698

Total 920,116

Source of funds

Internal service funds 920,116

Sec.26.Buildings and general services - general liability insurance

Personal services 285,133

Operating expenses 397,250

Total 682,383

Source of funds

Internal service funds 682,383

(a) The establishment of two (2) new classified positions - one (1) Industrial Hygienist and one (1) Administrative Assistant - is authorized in fiscal year 2001.

Sec.27.Buildings and general services - all other insurance

Personal services 27,614

Operating expenses 14,807

Total 42,421

Source of funds

Internal service funds 42,421

Sec.28.Buildings and general services - information centers

Personal services 2,262,163

Operating expenses 655,302

Grants 175,000

Total 3,092,465

Source of funds

General fund 313,729

Transportation fund 2,726,736

Special funds 52,000

Total 3,092,465

Sec.29.Tax - administration/collection

Personal services 8,797,380

Operating expenses 2,289,571

Total 11,086,951

Source of funds

General fund 10,412,214

Transportation fund 258,427

Special funds 331,310

Interdepartmental transfer 85,000

Total 11,086,951

(a) The establishment of two (2) new classified positions - one (1) Tax Examiner III and one (1) Tax Examiner II - is authorized in fiscal year 2001.

(b) The establishment of one (1) new exempt position - Research Economist - is authorized in fiscal year 2001.

Sec.30.Libraries

Personal services 1,584,301

Operating expenses 1,076,230

Grants 91,300

Total 2,751,831

Source of funds

General fund 1,932,931

Federal funds 688,700

Special funds 64,200

Interdepartmental transfer 66,000

Total 2,751,831

Sec. 30a. 22 V.S.A. § 610 is added to read:

§ 610. NONPROFIT FOUNDATION FOR PUBLIC LIBRARY SERVICES

The state librarian is authorized to establish a nonprofit foundation for the purpose of raising funds from private sources to enhance public library services in Vermont. All funds from private sources shall be used for grants to Vermont public libraries as defined by section 101 of this title to further any purpose considered to be in harmony with the original purpose of the gift. The state librarian shall not spend more than $5,000.00 of appropriated funds in any one fiscal year to establish and to administer the nonprofit foundation. No funds raised from private sources shall be used by the state librarian to replace funds appropriated for the operation of the department of libraries. Annually, the state librarian shall file a report with the general assembly describing the funds received and grants made by the foundation.

Sec.31.Geographic information system

Grants 382,041

Source of funds

Special funds 382,041

Sec.32.Auditor of accounts

Personal services 1,375,000

Operating expenses 80,193

Total 1,455,193

Source of funds

General fund 435,718

Transportation fund 69,490

Special funds 49,173

Internal service fund 900,812

Total 1,455,193

Sec.33.State treasurer

Personal services 1,845,825

Operating expenses 330,865

Total 2,176,690

Source of funds

General fund 494,001

Transportation fund 121,214

Special funds 963,545

Expendable trust 597,930

Total 2,176,690

(a) The establishment of one (1) new classified position - Education and Communications Specialist - is authorized in fiscal year 2001.

Sec.34.Vermont state retirement system

Personal services 9,662,141

Operating expenses 97,597

Total 9,759,738

Source of funds

Special funds 9,759,738

Sec.35.Municipal employees' retirement system

Personal services 773,965

Operating expenses 35,368

Total 809,333

Source of funds

Special funds 809,333

Sec.36.State labor relations board

Personal services 145,744

Operating expenses 23,540

Total 169,284

Source of funds

General fund 158,663

Transportation fund 5,412

Special funds 5,209

Total 169,284

Sec.37.Executive office

Personal services 998,504

Operating expenses 222,576

Grants 51,978

Unrestricted fund 13,000

Total 1,286,058

Source of funds

General fund 990,249

Transportation fund 183,709

Special funds 3,100

Interdepartmental transfer 109,000

Total 1,286,058

Sec.38.Executive office - national and community service

Personal services 177,159

Operating expenses 86,335

Grants 1,272,320

Total 1,535,814

Source of funds

General fund 56,069

Federal funds 1,460,847

Interdepartmental transfer 18,898

Total 1,535,814

Sec.39.VOSHA review board

Personal services 26,000

Operating expenses 3,000

Total 29,000

Source of funds

General fund 11,645

Federal funds 17,355

Total 29,000

Sec.40.Use tax reimbursement fund - municipal current use

Other 4,260,000

Source of funds

General fund 2,096,250

Transportation fund 2,163,750

Total 4,260,000

Sec.41.Lieutenant governor

Personal services 100,321

Operating expenses 7,414

Total 107,735

Source of funds

General fund 85,691

Transportation fund 22,044

Total 107,735

Sec.42.Legislature

Other 4,179,758

Source of funds

General fund 3,322,821

Transportation fund 856,937

Total 4,179,758

Sec.43.Legislative council

Personal services 1,574,611

Operating expenses 12,000

Total 1,586,611

Source of funds

General fund 1,316,558

Transportation fund 270,053

Total 1,586,611

Sec.44.Sergeant at arms

Personal services 209,267

Operating expenses 44,942

Total 254,209

Source of funds

General fund 206,366

Transportation fund 47,843

Total 254,209

Sec.45.Joint fiscal committee

Personal services 711,376

Operating expenses 31,676

Total 743,052

Source of funds

General fund 584,681

Transportation fund 158,371

Total 743,052

(a) The establishment of one (1) new exempt position – Fiscal Analyst – is authorized in fiscal year 2000.

Sec.46.Lottery commission

Personal services 946,690

Operating expenses 732,800

Total 1,679,490

Source of funds

Enterprise funds 1,679,490

Sec.47.Payments in lieu of taxes

Grants 1,650,000

Source of funds

General fund 1,250,000

Special funds 400,000

Total 1,650,000

(a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32 and said payments shall be calculated in addition to, and without regard to, the appropriations in Secs. 48 and 49 of this act.

(b) Of the above appropriation, $1,000,000.00 in general funds shall be considered a one-time appropriation.

Sec.48.Payments in lieu of taxes - Montpelier services

Grants 184,000

Source of funds

General fund 184,000

Sec.49.Payments in lieu of taxes - correctional facilities

Grants 40,000

Source of funds

General fund 40,000

Sec.50.Total general government 87,246,586

Source of funds

General fund 39,992,728

Transportation fund 10,439,525

Federal funds 2,171,902

Special funds 13,085,803

Enterprise funds 1,780,105

Expendable trust 597,930

Internal service funds 17,938,669

Interdepartmental transfer 1,239,924

Total 87,246,586

Sec.51.Protection to persons and property - Attorney general

Personal services 4,005,943

Operating expenses 408,200

Total 4,414,143

Source of funds

General fund 2,174,593

Transportation fund 81,696

Federal funds 460,000

Special funds 670,113

Tobacco fund 190,000

Interdepartmental transfer 837,741

Total 4,414,143

(a) The establishment of two (2) new exempt positions - Assistant Attorney General - is authorized in fiscal year 2001.

Sec.52.Vermont court diversion

Grants 862,626

Source of funds

General fund 453,072

Transportation fund 177,804

Special funds 231,750

Total 862,626

Sec.53.Center for crime victim services

Personal services 459,421

Operating expenses 136,363

Grants 3,799,941

Other 575,000

Total 4,970,725

Source of funds

General fund 587,230

Federal funds 3,389,495

Special funds 994,000

Total 4,970,725

Sec.54.State's attorneys

Personal services 6,268,458

Operating expenses 687,956

Grants 120,000

Total 7,076,414

Source of funds

General fund 4,952,958

Transportation fund 436,856

Federal funds 353,000

Special funds 118,600

Interdepartmental transfer 1,215,000

Total 7,076,414

(a) The establishment of two new exempt positions - one (1) Deputy State’s Attorney and one (1) Secretary IV - is authorized for Chittenden County in fiscal year 2001.

Sec.55.Sheriffs

Personal services 1,964,360

Operating expenses 235,900

Total 2,200,260

Source of funds

General fund 1,531,839

Transportation fund 668,421

Total 2,200,260

(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.

(b) The establishment of six (6) new exempt positions - Deputy Sheriff - is authorized in fiscal year 2001.

Sec.56.Defender general - public defense

Personal services 4,388,278

Operating expenses 440,724

Total 4,829,002

Source of funds

General fund 3,904,039

Transportation fund 623,234

Federal funds 40,000

Special funds 261,729

Total 4,829,002

(a) The establishment of two (2) new exempt positions - one (1) Staff Attorney and one (1) Investigator - is authorized in fiscal year 2001.

Sec. 56a. Sec. 57 of No. 62 of the Acts of 1999, as amended by Sec. 12 of No. 66 of the Acts of 2000, is further amended to read:

Sec. 57. Defender general - public defense

Personal services 4,157,956 4,183,956

Operating expenses 440,724 474,724

Total 4,598,680 4,658,680

Source of funds

General fund 3,698,676 3,758,676

Transportation fund 600,692 600,692

Federal funds 48,000 48,000

Special funds 251,312 251,312

Total 4,598,680 4,658,680

* * *

Sec. 56b. INDIGENT DEFENSE TASK FORCE STUDY

(a) An indigent defense task force shall study the structure of and funding for the office of the defender general and ways to improve services to clients. Former chief justice Frederic W. Allen shall be chair of the task force. The remaining membership of the task force shall consist of two members appointed by the Governor, two members appointed by the chief justice of the Vermont supreme court, and two members appointed by the Vermont bar association. The first meeting of the task force shall take place on or before July 1, 2000. Members of the task force shall have backgrounds in law enforcement, public defense, prosecution and the judiciary; but not be currently employed in these areas nor currently employed by any criminal justice agency or by the judiciary. The task force study shall review the structure and funding of public defender services in Vermont and in other states, and alternative models for organizing and delivering public defender services. Subjects of study shall include, but not be limited to: the process by which counsel is assigned, including eligibility criteria; the use of assigned counsel contractors and ad hoc counsel; current budget allocation and management of provision of services; oversight of work performed on behalf of clients; processes to measure quality of service; the functions and role of independent public-defense commissions in other states; a comparison of salaries among the criminal justice agencies in Vermont and in other states; training, supervision, and mentoring needs within the defender general’s office. The task force may utilize the assistance of staff from the joint fiscal office and legislative council, and information should be made available from the department of finance and management, attorney general’s office, defender general, department of public safety, state’s attorneys, center for justice research, court administrator, and supreme court, as well as consulting services available through federal funding. The task force shall report its findings and recommendations to the house and senate committees on judiciary, appropriations, and government operations on November 15, 2000.

Sec.57.Defender general - assigned counsel

Personal services 2,170,050

Operating expenses 34,505

Total 2,204,555

Source of funds

General fund 1,944,549

Transportation fund 260,006

Total 2,204,555

Sec.58.Military - administrative

Personal services 567,995

Operating expenses 455,962

Grants 142,000

Total 1,165,957

Source of funds

General fund 1,130,957

Special funds 35,000

Total 1,165,957

(a) $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which is comprised of $142,000.00 of the above appropriation and $58,000.00 carry-forward fiscal year 2000 funds.

(b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not exceed $200,000.00 in fiscal year 2001, nor shall commitments or obligations be made for expenditure amounts above $200,000.00 in fiscal year 2002.

Sec.59.Military - veterans' affairs

Personal services 126,439

Operating expenses 21,265

Grants 74,000

Total 221,704

Source of funds

General fund 221,704

(a) The establishment of one (1) new classified position - Veterans’ Coordinator - is authorized in fiscal year 2001.

Sec.60.Military - army service contract

Personal services 927,812

Operating expenses 1,506,620

Total 2,434,432

Source of funds

General fund 102,492

Federal funds 2,331,940

Total 2,434,432

Sec.61.Military - air service contract

Personal services 2,518,585

Operating expenses 482,400

Total 3,000,985

Source of funds

General fund 244,401

Federal funds 2,756,584

Total 3,000,985

Sec.62.Military - building maintenance

Personal services 537,098

Operating expenses 130,030

Total 667,128

Source of funds

General fund 667,128

(a) The establishment of one (1) new classified position - Military Maintenance Specialist - is authorized in fiscal year 2001.

Sec.63.Labor and Industry

Personal services 3,878,593

Operating expenses 921,700

Total 4,800,293

Source of funds

General fund 704,265

Federal funds 470,196

Special funds 3,580,832

Interdepartmental transfer 45,000

Total 4,800,293

Sec.64.Criminal justice training council

Personal services 605,909

Operating expenses 266,286

Total 872,195

Source of funds

General fund 150,255

Transportation fund 346,281