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1302. violations of conditions; retaking; hearing and notice

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					                Senate Calendar
                         SATURDAY, MAY 4, 2002
                    117th DAY OF BIENNIAL SESSION

                           ORDERS OF THE DAY

                           ACTION CALENDAR
            UNFINISHED BUSINESS OF FRIDAY, MAY 3, 2002
    House Proposal of Amendment to Senate Proposal of Amendment
                                    H. 681.
   An act relating to the ability of the Shrewsbury Library to use a sewage
holding and pumpout tank.
   The House has concurred in the Senate proposal of amendment, with the
following proposal of amendment thereto:
  In Sec. 2, second sentence, by striking out the words “non-transient, non-
community water systems” and inserting in lieu thereof the words water supply
                              NEW BUSINESS
                                Third Reading
                                    H. 208.
   An act relating to the Vermont downtown development board.
  AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO H.
 208 TO BE OFFERED BY SENATOR MORRISSEY, BEFORE THIRD
                        READING
   Senator Morrissey moves to amend the first Senate proposal of amendment
in Sec. 1a, 24 V.S.A. § 2793 subsection (a) by striking out the following:
“Upon receipt of an application, the state board shall provide written notice of
the application to the environmental board. The environmental board and
interested” and inserting in lieu thereof the word Interested
  AMENDMENT TO SENATE PROPOSAL OF AMENDMENT TO H.
208 TO BE OFFERED BY SENATOR McCORMACK, BEFORE THIRD
                        READING



                                    - 1507 -
   Senator McCormack moves to amend the fifth Senate proposal of
amendment in Sec. 7, 10 V.S.A. § 6001 (27) by striking out the words
“housing units are” and inserting in lieu thereof the words gross floor area
                                Second Reading
              Favorable with Recommendation of Amendment
                                     H. 450.
   An act relating to trout fishing and fee fishing.
  Reported favorably with recommendation of proposal of amendment by
Senator Canns for the Committee on Natural Resources and Energy, upon
commitment.
   The Committee recommends that the Senate propose to the House to amend
the bill by striking out all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1. REPEAL
   10 V.S.A. chapter 105, subchapter 2, §§ 4301 through 4308, relating to eel
fishing in Lake Champlain, are repealed.
Sec. 2. EFFECTIVE DATE
   This act shall take effect on passage.
and that the title shall be amended to read “AN ACT RELATING TO EEL
FISHING”
   (Committee Vote: 6-0-0)
 (For House amendments, see House Journal for March 29, 2001, page 637.)
                                     H. 750.
   An act relating to arrest without a warrant.
  Reported favorably with recommendation of proposal of amendment by
Senator Cummings for the Committee on Judiciary.
   The Committee recommends that the Senate propose to the House to amend
the bill by striking all after the enacting clause and inserting in lieu thereof the
following:
Sec. 1. LEGISLATIVE INTENT
    In subsection (b) of the rule regarding arrest without a warrant for a
misdemeanor committed in an officer’s presence, the phrase “while the crime
is being committed or without unreasonable delay” has not yet been interpreted
by Vermont courts. How long a delay is deemed to be reasonable where a
                                  - 1508 -
person has committed or is committing a misdemeanor in the presence of an
officer will necessarily depend on particular factual circumstances. As one
author has noted, at common law, the failure to take prompt action was
conclusive evidence that there was no necessity to take the offender into
custody. FISHER LAW OF ARREST § 87, at 189; William A. Schroeder,
Warrantless Misdemeanor Arrests and the Fourth Amendment, 58 Mo. L. Rev.
771, 851 (1993). On the other hand, where the delay is caused by “fresh
pursuit” of the offender, that traditional doctrine clearly meets the test of
“without unreasonable delay.” See FISHER, supra, at 182. Schroeder would
require “exigent circumstances” to justify warrantless arrests for misdemeanors
committed outside the arresting officer’s presence. Schroeder, supra, 851,
853. The passage of time compelled by “exigent circumstances,” as fresh
pursuit, that are integrally related to the course of events beginning with the
officer’s observation of the misdemeanor and leading to the moment of
apprehension, constitutes reasonable delay. No specific limits in seconds or
minutes is intended by the phrase “without unreasonable delay,” but it is
equally clear that arrest must follow promptly after it is feasible under the facts
and circumstances of a particular case.
Sec. 2. Rule 3 of the Vermont Rules of Criminal Procedure is amended to
read:
RULE 3. ARREST WITHOUT A WARRANT; CITATION TO APPEAR
   (a) Arrest Without a Warrant for a Felony Offense. A law enforcement
officer may arrest without warrant a person whom the officer has probable
cause to believe has committed or is committing a crime in the presence of the
officer. Such an arrest shall be made while the crime is being committed or
without unreasonable delay thereafter. An officer may also arrest a person
without warrant in the following situations: felony.
    (1) when the officer has probable cause to believe a person has
committed or is committing a felony;
      (2) when the officer has probable cause to believe:
          (A) that a person has violated an abuse prevention order issued by a
court in this state pursuant to Chapter 21 of Title 15 or Chapter 69 of Title 33;
          (B) that a person has violated a foreign abuse prevention order issued
by a court in any other state, federally recognized Indian tribe, territory or
possession of the United States, the Commonwealth of Puerto Rico or the
District of Columbia;



                                     - 1509 -
         (C) that a person has committed a misdemeanor which involves an
assault against a family member, or against a household member as defined in
15 V.S.A. § 1101(2), or a child of such a family or household member;
         (D) that a person has committed a misdemeanor which involves an
assault against, or sexual activity as defined in 33 V.S.A. § 6902(11) with,
            (i) an individual over the age of 60, or
           (ii) an adult whom the officer has reason to believe has a disability
which prevents the adult from providing his or her own care or protection, or
            (iii) a minor child of such an individual or adult,
or that a person has abused, as defined in 33 V.S.A. § 6902(1), such an
individual, adult, or child; or
         (E) that a person has violated a hate-motivated crime injunction
pursuant to chapter 33 of Title 13.
      (3) when the officer has probable cause to believe that a person has
committed a misdemeanor and the person has refused to identify himself or
herself when requested by the officer. An arrest under this subdivision shall be
made without unreasonable delay after the alleged offense was committed, and
not thereafter. In the case of an arrest under this subdivision, the person may
be detained only until he or she is identified;
      (4) when the officer has probable cause to believe that a person has
committed a misdemeanor and, if not immediately arrested, will cause personal
injury or damage to property. An arrest under this subdivision shall be made
without unreasonable delay after the alleged offense was committed, and not
thereafter;
     (5) when the officer has probable cause to believe a person has
committed or is committing a violation of 23 V.S.A. § 1128 or 23 V.S.A.
§ 1201;
       (6) when the officer has probable cause to believe: (i) that a person who
is the subject of a judicial order commanding him or her to appear at a
specified time and place or be subject to arrest has, without just cause, failed to
appear as ordered; or (ii) that a person has violated a condition of release
relating to a restriction on travel or a condition that he or she not directly
contact, harass or cause to be harassed a victim or potential witness;
     (7) pursuant to the authority granted by 28 V.S.A. § 551 pertaining to
persons on parole, the authority granted under 28 V.S.A. § 363 pertaining to
persons serving supervised community sentence, and the authority granted by
28 V.S.A. § 301 pertaining to persons on probation.
                                   - 1510 -
Probable cause shall be based on the same evidence required for issuance of a
summons or warrant under Rule 4(b). If arrest is not authorized under this
rule, an officer may issue the person a citation to appear before a judicial
officer.
   (b) Arrest Without a Warrant for a Misdemeanor Offense Committed in the
Presence of an Officer. A law enforcement officer may arrest without a
warrant a person whom the officer has probable cause to believe has
committed or is committing a misdemeanor in the presence of the officer.
Such an arrest shall be made while the crime is being committed or without
unreasonable delay.
   (c) Nonwitnessed Misdemeanor Offenses. If an officer has probable cause
to believe a person has committed or is committing a misdemeanor outside the
presence of the officer, the officer may issue a citation to appear before a
judicial officer in lieu of arrest. The officer may arrest the person without a
warrant if the officer has probable cause to believe:
      (1) The person has failed to provide satisfactory proof of identity.
     (2) Arrest is necessary to obtain nontestimonial evidence upon the
person or within the reach of the person, including an evidentiary test for
purposes of determining blood alcohol content.
      (3) Arrest is necessary to prevent the continuation of the criminal
conduct for which the person was detained or to prevent harm to the person
detained.
      (4) The person has no ties to the community reasonably sufficient to
assure his or her appearance, or there is a likelihood that he or she will refuse
to respond to a citation.
     (5) The person has previously failed to appear in response to a citation,
summons, warrant, or other court order issued in connection with the same or
another offense.
       (6) The person has violated an abuse prevention order issued by a court
in this state pursuant to 15 V.S.A. chapter 21.
      (7) The person has violated a foreign abuse prevention order issued by a
court in any other state, federally-recognized Indian tribe, territory or
possession of the United States, the Commonwealth of Puerto Rico or the
District of Columbia.
      (8) The person has committed a misdemeanor which involves an assault
against a family member, or against a household member, as defined in
15 V.S.A. § 1101(2), or a child of such a family or household member.

                                    - 1511 -
     (9) The person has violated 33 V.S.A. § 6913(d) (sexual activity
between a caregiver and an elderly or disabled adult).
      (10) The person has abused, as defined in 33 V.S.A. § 6902(1):
           (A) a person over the age of 60;
        (B) an adult whom the officer has reason to believe has a disability
which prevents the adult from providing his or her own care or protection; or
           (C) a minor child of such person.
      (11) The person has violated 23 V.S.A. § 1201 (operating a vehicle
under the influence), and has a prior conviction under section 1201.
     (12) The person has violated a hate-motivated crime injunction issued
pursuant to chapter 33 of Title 13.
      (13) The person has violated a condition of release that relates to:
           (A) a restriction on travel, including curfew;
           (B) the operation of a motor vehicle; or
           (C) direct or indirect contact or harassment of a victim or potential
witness.
      (14) The person has violated 13 V.S.A. § 1062 (stalking).
      (15) The person has violated 13 V.S.A. § 1023 (simple assault).
   (d) Persons under the Supervision of the Commissioner of Corrections. A
law enforcement officer may arrest without a warrant a person under the
supervision of the commissioner of corrections:
      (1) pursuant to 28 V.S.A. § 301, if the person is on probation and a
correctional officer believes the person has violated a condition of his or her
probation; or
      (2) pursuant to 28 V.S.A. § 363, if the person is serving a supervised
community sentence, and a correctional officer believes the person has violated
a condition of his or her supervised community sentence; or
      (3) pursuant to 28 V.S.A. § 551, if the person is on parole, and a
correctional officer believes the person has violated a condition of his or her
parole; or
      (4) pursuant to 28 V.S.A. § 808, if the person is on furlough, and the law
enforcement officer or a correctional officer believes the person has violated a
condition of his or her furlough.


                                      - 1512 -
   (e) Continuation of Custody for Felony Offenses. A person who has been
arrested without a warrant for a felony offense may be continued in custody
unless the charge for which the arrest was made is reduced to a misdemeanor,
and none of the exceptions in subsection (c) of this rule apply.
   (f) Continuation of Custody for Misdemeanor Offenses. A person who has
been arrested without a warrant for a misdemeanor offense shall be released on
citation if:
      (1) none of the exceptions in subsection (c) of this rule apply; or
       (2) the arrest was made pursuant to an exception in subsection (c) of this
rule, and the conditions or reasons for which the exception applied no longer
exist and no other exception applies.
   (b) Same. Procedure. (g) Appearance Before a Judicial Officer. A person
arrested without a warrant shall either be released in accordance with
subdivision (c) of this rule or and not released on a citation shall be brought
before the nearest available judicial officer without unnecessary delay. The
information and affidavit or sworn statement required by Rule 4(a) of these
rules shall be filed with or made before the judicial officer when the arrested
person is brought before him the judicial officer.
   (c) Citation To Appear Before a Judicial Officer.
      (1) Mandatory Issuance. A law enforcement officer acting without
warrant who is authorized to arrest a person for a misdemeanor under
subdivision (a) of this rule shall, except as provided in paragraph (2) of this
subdivision, issue a citation to appear before a judicial officer in lieu of arrest.
In such circumstances, the law enforcement officer may stop and briefly detain
such person for the purpose of determining whether any of the exceptions in
paragraph (2) applies, and issuing a citation, but if no arrest is made, such
detention shall not be deemed an. arrest for any purpose. When a person has
been arrested without warrant, a citation to appear in lieu of continued custody
shall be issued as provided in this rule if (A) the charge for which the arrest
was made is reduced to a misdemeanor and none of the exceptions in
paragraph (2) applies, or (B) the arrest was for a misdemeanor under one of the
exceptions in paragraph (2) and the reasons for the exception no longer exist.
      (2) Exceptions. The citation required in paragraph (1) of this
subdivision need not be issued, and the person may be arrested or continued in
custody, if
          (A) A person subject to lawful arrest fails to identify himself
satisfactorily; or


                                     - 1513 -
         (B) Arrest is necessary to obtain nontestimonial evidence upon the
person or within the reach of the arrested person; or
         (C) Arrest is necessary to prevent bodily injury to the person arrested
or to the person of another, harm to property, or continuation of the criminal
conduct for which the arrest is made; or
         (D) The person has no ties to the community reasonably sufficient to
assure his appearance or there is a substantial likelihood that he will refuse to
respond to a citation; or
          (E) The person has previously failed to appear in response to a
citation, summons, warrant or other order of court issued in connection with
the same or another offense; or
         (F) A situation described in subdivision (a)(2) is present; or
         (G) The officer has probable cause to believe the person has a prior
conviction of 23 V.S.A. § 1201 and has committed a second violation of
23 V.S.A. § 1201.
       (3) Discretionary Issuance in Cases of Felony. A law enforcement
officer acting without warrant may issue a citation to appear in lieu of arrestor
continued custody to a person charged with any felony where arrest or
continued custody is not patently necessary for the public safety and such facts
as the officer is reasonably able to ascertain as to the person’s place and length
of residence, family relationships, references, past and present employment, his
criminal record, and other relevant matters satisfy the officer that the person
will appear in response to a citation.
      (4)(h) Discretionary Issuance by Prosecuting Officer. A prosecuting
officer may issue a citation to appear to any person whom the officer has
probable cause to believe has committed a crime. The citation shall be served
as provided for service of summons in Rule 4(f)(1) of these Rules rules.
Probable cause shall be based upon the same evidence required for issuance of
a summons or warrant under Rule 4(b) of these rules.
      (5)(i) Form. The citation to appear shall be dated and signed by the
issuing officer and shall state the name of the person to whom it is issued and
the offense for which he or she would have been arrested or continued in
custody. It shall direct the person to appear before a judicial officer at a stated
time and place.
      (6)(j) Filing Citation and Information with Judicial Officer. A copy of
the citation to appear, signed by the issuing officer issuing it, and the
information and affidavit or sworn statement required by Rule 4(a), of these

                                     - 1514 -
rules shall be filed with or made before the judicial officer at the time for
appearance stated in the citation.
      (7)(k) Temporary Release. A law enforcement officer arresting a person
shall contact a judicial officer for determination of temporary release pursuant
to Rule 5(b) of these rules without unnecessary delay.
Sec. 3. 3 V.S.A. § 123 is amended to read:
§ 123. DUTIES OF OFFICE
                                      ***
   (f) The secretary of state shall contract with or employ investigators to
carry out the enforcement duties established under this chapter. The
investigators shall be law enforcement officers as defined in section 2358 of
Title 20, and shall have the same powers and immunities as those conferred on
the state police by section 1914 of Title 20.
   (f)(g) An interboard advisory committee consisting of one member of each
board, designated by that board, is created. In the case of a profession which
has advisor appointees, the appointees shall designate one of the appointees or
another licensed member of the profession to serve on the committee. The
committee shall meet at least annually with the director to discuss the
operation of the office and matters of concern to boards.
   (g)(h) On or before January 1 of each year, the director shall file a report of
all rules adopted for professions attached to the office of professional
regulation within the last 12 months to the house and senate committees on
government operations of the general assembly.
Sec. 4. 18 V.S.A. § 4230 is amended to read:
§ 4230. MARIJUANA
                                      ***
   (c)(1) In any prosecution for possession of marijuana arising under
subdivision (a)(1) of this section, it shall be an affirmative defense, to be
proven by a preponderance of the evidence, that the person:
         (A) possessed not more than one ounce of marijuana; and
         (B) possessed the marijuana for purposes of ameliorating the
person’s own symptoms of:
            (i) cancer, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, or progressive neurological
degenerative diseases such as multiple sclerosis, or the treatment of these
conditions; or
                                  - 1515 -
            (ii) a chronic or debilitating disease or medical condition or its
treatment that produces one or more of the following effects: cachexia or
wasting syndrome; or seizures, including those characteristic of epilepsy.
      (2) This subsection shall not apply to unlawfully cultivating plants of
marijuana.
Sec. 5. EXTENSION OF SUNSET FOR WARRANTS BY FAX
  Notwithstanding Sec. 34 of No. 121 of the Acts of 1997, Rule 41(h) of the
Vermont Rules of Criminal Procedure shall be repealed on April 15, 2007.
Sec. 6. STUDY
   (a) The secretary of the agency of natural resources shall establish a
committee to analyze the role of the environmental enforcement officers within
the agency of natural resources. The committee shall review and report on the
following:
     (1) job functions relative to law enforcement powers;
     (2) safety aspects of the job;
      (3) the feasibility of creating law enforcement powers as part of the job
requirement, and the efficiencies associated with such a function.
  (b) The committee shall be comprised of the following members:
      (1) the secretary of the agency of natural resources, or his or her
designee, who shall serve as chair;
    (2)    a representative from the Vermont state employees’ association
(VSEA);
      (3) the commissioner of the department of personnel, or his or her
designee;
     (4) two environmental enforcement officers appointed by the VSEA;
     (5) the commissioner of public safety, or his or her designee;
     (6) a game warden appointed by the VSEA;
     (7) one representative from the business community appointed by the
governor;
     (8) the attorney general, or his or her designee; and
     (9) the chair of the Vermont state police union, or his or her designee.
   (c) The committee shall report its findings and recommendations to the
general assembly by January 15, 2003.

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  (For House amendments, see House Journal for February 26, 2002, page
376.)
      House Proposal of Amendment to Senate Proposal of Amendment
                                       H. 522.
   An act relating to the disclosure of violent behavior of individuals under the
control of the Department of Developmental and Mental Health Services.
   The House has concurred in the Senate Proposal of Amendment with the
following amendment thereto:
   First: In Sec. 1, 18 V.S.A. § 7103(b), by striking the hyphen in the word
“validly-executed”
  Second: In Sec. 1, 18 V.S.A. § 7103(e)(1), by striking the hyphen in the
word “fully-informed”
   Third: In Sec. 1, 18 V.S.A. § 7103(e)(3), by adding, after the period, a new
sentence to read as follows: Where the home care provider has agreed to
placement without disclosure, the home care provider shall inform the respite
provider of that fact.
   Fourth: Sec. 1, 18 V.S.A. § 7103(e)(7) , by striking the word “An” and
inserting in lieu thereof the following: Where the individual has consented to
disclosure, an
                      Joint House Resolution for Action
                                   J.R.H. 271.
   Joint resolution in memory of Sydney A.M. “Sami” Izzo.
   (For text of Resolution, see Senate Journal for Friday, May 3, 2002)
                            NOTICE CALENDAR
              Favorable with Recommendation of Amendment
                                     H. 518.
   An act relating to joint fiduciary accounts in financial institutions.
  Reported favorably with recommendation of proposal of amendment by
Senator Cummings for the Committee on Finance.
   The Committee recommends that the Senate propose to the House to amend
the bill in Sec. 1, 8 V.S.A. § 14212, by adding subsection (j) to read as follows:
   (j) This section shall be repealed effective July 1, 2006. Existing accounts
shall continue to be in effect and the account owner and financial institution
shall have all the same privileges and obligations until the account is closed as
                                    - 1517 -
detailed in the deposit agreement. The purpose of this sunset is to make sure
that this section has been fully implemented, that joint fiduciary accounts are
commonly available and that consumers know about the availability and the
purpose of these accounts.
   (Committee Vote: 7-0-0)
  (For House amendments, see House Journal for January 30, 2002, page
180.)
                                      H. 625.
  An act relating to authorizing certain material to be placed on motor vehicle
windshields.
  Reported favorably with recommendation of proposal of amendment by
Senator Bahre for the Committee on Transportation.
   The Committee recommends that the Senate propose to the House to amend
the bill by striking out all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1. 23 V.S.A. § 1125(a) is amended to read:
    (a) Except as otherwise provided, a No person shall not paste, stick or paint
advertising matter or other things on or over any transparent part of a motor
vehicle windshield, vent windows or side windows located immediately to the
left and right of the operator, nor hang any object, other than a rear view
mirror, in back of the windshield except as follows:
       (1) in a space not over four inches high and 12 inches long in the lower
right hand corner of the windshield, ;
      (2) or in such space as the commissioner of motor vehicles may specify
for location of any sticker required by governmental regulation, ;
      (3) and further shall not hang any object other than a rear view mirror in
back of the windshield of a motor vehicle. in a space not over one andone-half
inches high and two and one-half inches long in the upper left-hand corner of
the windshield;
      (4)    Persons by persons employed by the federal, state or local
government and volunteer emergency responders operating authorized
emergency vehicles who may place any necessary equipment in back of the
windshield of the vehicle, provided the equipment does not interfere with the
operator’s control of the driving mechanism of the vehicle;
      (5) on a motor vehicle that is for sale by a licensed automobile dealer
prior to the sale of the vehicle, in a space not over three inches high and six
                                     - 1518 -
inches long in the upper left-hand corner of the windshield, and in a space not
over four inches high and 18 inches long in the upper right-hand corner of the
windshield.
   (Committee Vote: 5-0-1)
  (For House amendments, see House Journal for March 14, 2002, page 507;
April 30, 2002, page 1078.)
                                      H. 763.
   An act relating to capital construction, state bonding and the department of
corrections.
  Reported favorably with recommendation of proposal of amendment by
Senator Illuzzi for the Committee on Institutions.
   The Committee recommends that the Senate propose to the House to amend
the bill by striking out all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1a. SHORT TITLE
  This act may be referred to as the 2002 Capital Construction Bill or the
2002 Capital Construction Act.
                       * * * Capital Appropriations * * *
Sec. 1b. STATE BUILDINGS
   The sum of $17,642,974 is appropriated to the department of buildings and
general services, and the commissioner is authorized to direct funds
appropriated in this section to the projects contained in this section; however,
no project shall be cancelled unless the chairs of the house and senate
committees on institutions are notified before that action is taken. The
individual appropriations in this section are estimates only.
      (1)(A) Barre, McFarland House, state office building, renovation:
                                                                 (1,000,000)
        (B) Bennington, state office building, 324 Main Street, incorporation
of renewable energy systems, including geothermal heating and cooling:
                                                                   (305,000)
         (C) Department of health laboratory and criminal justice forensic
science laboratory, colocation, study of possible sites and development of
conceptual design:                                               (200,000)
      (2) Middlesex, capital area day care, renovations:                  (65,000)
      (3) Montpelier, 133 State Street, phase one renovations:        (4,493,974)
                                     - 1519 -
      (4) Montpelier, Vermont Mutual Insurance Co., purchase
of building:                                                     (3,200,000)
      (5) Montpelier, State House, planning and design of addition and
purchase of furniture for first floor committee rooms; provided the special
committee established in Sec. 2(b) of No. 61 of the Acts of 2001 shall oversee
the planning, design, and purchases, and shall be responsible for space
assignment and use:                                                (750,000)
      (6) Montpelier, Vermont Historical Society, renovations to Pavilion
Building:                                                    (1,000,000)
      (7) Montpelier, Vermont liquor control building, upgrades to ventilation
system:                                                            (150,000)
      (8) Newport, Glen Road, state’s total share of major reconstruction,
pass-through for use by the City of Newport to reconstruct the road to a
construction standard and in accordance with a plan approved by the
commissioner of buildings and general services:                (334,000)
     (9) Statewide, major maintenance:                           (4,600,000)
      (10) Statewide, Americans with Disabilities Act, accessibility to public
buildings:                                                         (500,000)
     (11) Statewide, contingency fund:                             (595,000)
     (12) Statewide, building reuse:                               (125,000)
     (13) Statewide, planning:                                      (35,000)
     (14) Statewide, roof replacement, phase three:                (250,000)
     (15) Statewide, State House, historic flag conservation:       (40,000)
(Total appropriation – Section 1b                               $17,642,974)
Sec. 2. HUMAN SERVICES
   The following sums are appropriated to the department of buildings and
general services for the agency of human services for:
      (1) Springfield, Southern State Correctional Facility, phase two
construction completion:                                     2,000,000
     (2) Statewide, district office security renovations:             50,000
     (3)   Statewide, correctional facilities, security and life safety
improvements:                                                  450,000
       (4) South Burlington, Chittenden Regional Correctional Facility,
installation of sprinkler:                                    450,000
                                    - 1520 -
(Total appropriation – Section 2                                   $2,950,000)
Sec. 3. JUDICIARY
   (a) The sum of $3,000,000 is appropriated to the department of buildings
and general services for the judiciary for phase one construction of the Rutland
courthouse.
   (b) From the appropriation made to the judiciary for fiscal year 2003 in
House Bill H.766, the sum of $25,000 shall be available for use by the
Lamoille County assistant judges to undertake an architectural study to
renovate, restore, and improve the Lamoille County courthouse.
(Total appropriation – Section 3                                   $3,025,000)
Sec. 4. COMMERCE AND COMMUNITY DEVELOPMENT
   (a)(1) The sum of $200,000 is appropriated to the department of buildings
and general services for the agency of commerce and community development
for major maintenance at historic sites statewide.
       (2) The sum of $500,000 is appropriated to the agency of commerce and
community development for renovations at historic sites. The agency of
commerce and community development is authorized to direct funds
appropriated in this subdivision to the projects listed below; however, no
project shall be cancelled unless the chairs of the house and senate committees
on institutions are notified before that action is taken. The individual amounts
in this subdivision are estimates only:
           (A) Bennington, Bennington Battle monument, stairway and cast iron
repairs:                                                          (115,000)
           (B) Bennington, Bennington Battle monument, gift shop repairs:
                                                                    (20,000)
           (C) Calais, Kent Tavern museum, wall stabilization:       (100,000)
          (D) Hubbardton, Hubbardton Revolutionary War battlefield, for
restoration of the Fuller House, the Fuller House barn, and the schoolhouse:
                                                                     (220,000)
         (E) Orwell, Mount Independence state historic site, construction of
secure storage building for maintenance equipment:                 (25,000)
       (F) Strafford, Morrill Homestead, matching funds for transportation
enhancement grant to design and construct a visitor/education building:
                                                                      (40,000)
  (b) The following sums are appropriated to the agency of commerce and
community development, division for historic preservation for:
                                 - 1521 -
      (1) Historic preservation grants:                                 125,000
      (2) Historic barns and agricultural buildings grants; no additional
consideration shall be given for a barn or agricultural building that is in active
use:                                                                     125,000
   (c) The sum of $40,000 is appropriated to the agency of commerce and
community development for the cultural facilities grant program, for state
grants, for use in making capital improvements, to be made available on a
one-for-one matching basis with funds raised from nonstate sources. No such
grant shall be available for a project receiving funding from any other
appropriation of this act. This program shall be administered by the Vermont
Arts Council, which may use up to six percent of the total amount appropriated
to administer the program. The remaining appropriation shall be awarded on a
competitive basis. In recommending grant awards, a review panel shall give
priority consideration to applicants who demonstrate greater financial need or
are in underserved areas of the state.
   (d) The sum of $5,000 is appropriated to the department of buildings and
general services for use to develop the illumination plan for the Bennington
Battle monument required in Sec. 49 of this act.
(Total appropriation – Section 4                                      $995,000)
Sec. 5. EDUCATION
   (a) The following sums are appropriated to the department of education for:
       (1) state aid for school construction projects pursuant to section 3448 of
Title 16:                                                            12,750,249
      (2) state assistance to regional technical education centers and
comprehensive high schools for the purchase of educational program
equipment, to be distributed in equal amounts to each center and high school
with no local matching funds required:                              250,000
   (b) The following sums are appropriated to the department of buildings and
general services for technical center projects:
      (1) Chittenden County, Lake Champlain Regional Technical Center, for
the department of buildings and general services to secure an option to lease,
lease-purchase, or purchase a suitable site for the facility and for the Lake
Champlain Regional Chamber of Commerce (LCRCC) to continue planning
and design of the facility and its programming. The LCRCC shall provide a
recommendation to the senate and house committees on institutions, on or
before January 15, 2003, for a mechanism by which the region to be served,
which region shall be defined in the recommendation, shall be provided an
opportunity to approve or disapprove the concept of a Chittenden County
                                    - 1522 -
regional technical center. Notwithstanding any provisions of 16 V.S.A. § 1572
that may be to the contrary, the Chittenden Area Regional Technical Academy
Committee, which was established in March 2001 and which produced a report
in October 2001 recommending establishment of a regional technical academy,
is the planning committee for the technical center project in Chittenden County
for purposes of section 1572:                                         1,000,000
      (2) Derby, North Country Career and Technical Center, planning and
design of a stand-alone facility:                              1,000,000
   (c) The sum of $368,505 is appropriated to the department of buildings and
general services for the Austine School for the Deaf and Hard of Hearing for
ongoing renovations to Holton Hall.
   (d) The sum of $150,000 is appropriated to the department of education for
use by the Patricia A. Hannaford Career Center in Addison County to be used
for final architectural working plans, appropriate bid documents, and permits
to be in place by Spring 2003.
(Total appropriation – Section 5                                 $15,518,754)
Sec. 6. UNIVERSITY OF VERMONT
   The sum of $3,250,000 is appropriated to the department of buildings and
general services for the University of Vermont for renovation of the Given
medical building; provided $250,000 of this appropriation shall be used for
continued planning and design of the ground-up restoration of the Joseph E.
Hills Agricultural Science Building.
(Total appropriation – Section 6                                  $3,250,000)
Sec. 7. VERMONT STATE COLLEGES
   The sum of $1,250,000 is appropriated to the department of buildings and
general services for the Vermont state colleges for major facility maintenance.
(Total appropriation – Section 7                                  $1,250,000)
Sec. 8. NATURAL RESOURCES
   (a) The following sums are appropriated to the agency of natural resources
for:
     (1) Water pollution grants and the state match for the pollution control
and public drinking water supply program state revolving fund loans, all in
accordance with chapter 55 of Title 10 and chapter 120 of Title 24:
                                                                    7,000,000
     (2) Dams, maintenance and reconstruction:                        300,000

                                   - 1523 -
     (3)(A) Forests, parks and recreation, construction of one-room and
two-room cabins with electricity on existing state park tent sites; provided this
appropriation shall constitute a 50/50 match with federal Land and Water
Conservation Fund appropriations:                                       250,000
           (B)(i) On or before January 15, 2003, the agency of natural resources
shall determine the location of all habitable structures, which may be acquired
or are under its jurisdiction, that are suitable for short-term lease by visitors for
recreational purposes or are desirable for use by the agency or nonprofit
organizations to maintain, oversee, and protect the land on which the structures
are sited.
           (ii) The secretary of natural resources shall consider and
recommend to the general assembly a plan designed to accomplish the
following:
                (I) Acquisition by the agency of all camps identified as suitable
for lease in subdivision (3)(B)(i) of this section at fair market value.
               (II) The development of a lottery system, after consideration of
precedents now used by the agency, to provide Vermont residents with an
equal opportunity to lease any of the camps identified in subdivision (3)(B)(i)
of this section that are not deemed desirable by the agency and nonprofit
organizations to fulfill their duties.
            (iii) The secretary of natural resources shall consult with the study
committee established by Sec. 57 of No. 61 of the Acts of 2001 in developing
the plan required in subdivision (3)(B)(ii) of this section. The secretary shall
submit the final plan to the senate and house committees on institutions on or
before January 15, 2003.
      (4) Fish and wildlife, ongoing maintenance of conservation camps and
hatcheries; the individual amounts listed in this subdivision are estimates only:
                                                                         250,000
           (A)   Bald Hill hatchery, completion of improved water system
project:                                                        (50,000)
        (B) Salisbury hatchery, replacement of assistant supervisor’s existing
mobile house, which has electrical and structural problems:         (50,000)
       (C) Bennington hatchery, continuation of water system and facility
improvements:                                                 (150,000)
      (5) Statewide, for the Green Mountain Club, Inc., for procurement, in
fee simple or by easement, of properties along the Long Trail:     250,000


                                      - 1524 -
   (b) In the event the secretary of natural resources finds that any dam
presents an imminent hazard to human health or property and that emergency
actions need to be taken to eliminate the imminent hazard, including accessing
the dam and potential acquisition of the dam, the secretary is authorized to use
the funds appropriated in subdivision (a)(2) of this section to abate the hazard.
   (c) The secretary of natural resources shall study the state’s obligation or
role, if any, in the oversight, maintenance, and repair of dams, the ownership
of which is private, public, or unknown, and report back to the house and
senate committees on institutions on or before January 15, 2003 with any
recommendations as to the state’s obligation, if any, and recommended
funding sources.
(Total appropriation – Section 8                                   $8,050,000)
Sec. 9. MILITARY
   (a) The sum of $150,000 is appropriated to the department of the military
for various capital needs arising from physical plant emergencies and
maintenance requirements.
   (b) If, on or before January 1, 2003, the selectboard of the Town of
Northfield and the trustees of the Village of Northfield vote to accept title to
the state-owned National Guard armory in Northfield, pursuant to the terms of
this subsection, and to dedicate that property to municipal use, then, upon
certification by the commissioner of buildings and general services that the
Vermont National Guard has been relocated from that armory, title to the
armory shall be conveyed to the Town and Village of Northfield for the sum of
$1.00.
(Total appropriation – Section 9                                     $150,000)
Sec. 10. VERMONT VETERANS’ HOME
   The sum of $50,000 is appropriated to the department of buildings and
general services for the Vermont veterans’ home for roof replacement over the
canteen area and laundry.
(Total appropriation – Section 10                                      $50,000)
Sec. 11. PUBLIC SAFETY
    The following sums are appropriated to the department of buildings and
general services for the department of public safety for the projects identified
in this section.
     (1)   Derby, state police station/PSAP, for construction of a storage
garage:                                                            50,000

                                    - 1525 -
       (2) Addison County, state police station, to acquire an option on land
and design and engineer a new state police station in Addison County to
replace the station currently located in Middlebury, either as a stand-alone
facility or as part of a collocated facility with the town of Middlebury:
                                                                          150,000
      (3) Brighton, Paradis Mountain, for installation of antennae and related
transmitter equipment necessary to enhance UHF radio coverage in northern
Essex County and complete the Derby phase of the statewide digital
microwave system, as a supplement to the appropriation made in Sec.
261b(a)(36) of No. 63 of the Acts of 2001:                            30,000
      (4) Statewide, replacement of existing radio system:             500,000
(Total appropriation – Section 11                                    $730,000)
Sec. 12. CRIMINAL JUSTICE AND FIRE SERVICE TRAINING
COUNCILS
    The following sums are appropriated to the department of buildings and
general services for the Vermont criminal justice and Vermont fire service
training councils for the facility in Pittsford for:
      (1) Miscellaneous repairs to facility and grounds:                 15,000
      (2) Window repairs on historic main building:                      10,000
      (3) Study regarding new classroom and dormitory space:             15,000
      (4) Repair of gymnasium walls:                                     15,000
(Total appropriation – Section 12                                      $55,000)
Sec. 13. AGRICULTURE, FOOD AND MARKETS
   The sum of $110,000 is appropriated to the department of buildings and
general services for the department of agriculture, food and markets, for
replacement of inadequate cooler in the Vermont building at the Eastern States
Exposition.
(Total appropriation – Section 13                                    $110,000)
Sec. 14. VERMONT PUBLIC TELEVISION
   The sum of $500,000 is appropriated to the department of buildings and
general services for Vermont Public Television for the federally-mandated
conversion of its transmission sites to digital broadcasting format.
(Total appropriation – Section 14                                    $500,000)
Sec. 14a. STATE’S ATTORNEYS AND SHERIFFS

                                    - 1526 -
   The sum of $450,000 is appropriated to the department of state’s attorneys
and sheriffs for purchase and installation of a comprehensive case management
software system.
(Total appropriation – Section 14a                                    $450,000)
                         * * * Financing This Act * * *
Sec. 15. REALLOCATION OF FUNDS
   (a) Of the amount appropriated in Sec. 111 of H.766 of the 2002 Session
(FY 2003 Appropriations Bill; judiciary), the sum of $25,000 is reallocated to
defray expenditures authorized in subdivision 3(b) of this act (judiciary;
Lamoille courthouse architectural study).
   (b) Of the amount appropriated in Sec. 15(b) of No. 61 of the Acts of 2001
(agriculture, food and markets – installation of heat system at Eastern States
Exposition building), the sum of $37,970 is reallocated to the department of
buildings and general services to defray expenditures authorized by this act.
(Total reallocation – Section 15                                       $62,970)
Sec. 16. TRANSFER OF FUNDS
   (a) Of the amount reserved pursuant to Sec. 252(b) of No. 152 of the Acts
of 2000 (funds remaining from surplus one-time appropriations used to defray
future school construction obligations), the sum of $15,213,758 is transferred
to the general bond fund to defray expenditures authorized in Sec. 5(a)(1)
(school construction), (a)(2) (technical center and comprehensive high school
equipment), (b)(1) (Lake Champlain Regional Technical Center), 5(b)(2)
(North Country Career and Technical Center), and (d) (Hannaford Career
Center) of this act, and for $63,509 of the total authorized in Sec. 5(c) (Austine
School) of this act.
   (b) The sum of $450,000 is transferred from the equipment revolving fund
to defray expenditures authorized in Sec. 14a of this act (state’s attorneys and
sheriffs; case management system).
    (c) Of the amount appropriated in Sec. 6 of the No. 29 of the Acts of 1999,
the sum of $105,000 is transferred to defray costs the department of buildings
and general services will incur as a result of the closing of the Woodstock
Regional Correctional Facility. This transfer is necessary to satisfy a condition
in the lease between Windsor County and the state.
(Total transfer – Section 16                                       $15,768,758)
Sec. 17. GENERAL OBLIGATION BONDS


                                     - 1527 -
   Subject to 32 V.S.A. § 701(c), the state treasurer is authorized to issue
general obligation general fund bonds in the amount of $39,000,000 for the
purpose of funding the appropriations of this act.
(Total bonding – Section 17                                      $39,000,000)
Sec. 18. 32 V.S.A. § 701a(c) and (d) are added to read:
   (c) The state treasurer, with the approval of the governor, shall determine
the appropriate form and maturity of the bonds authorized general assembly
pursuant to this section, consistent with the underlying nature of the
appropriation to be funded.
   (d) The state treasurer is authorized to allocate the estimated cost of bond
issuance, or issuances, to the entities to which funds are appropriated pursuant
to this section and for which bonding is required as the source of funds.
Should estimated receipts be insufficient, the state treasurer shall allocate
additional costs pursuant to section 954 of this title. Any remaining receipts
shall not be expended, but carried forward to be available for future capital
construction acts.
                          * * * Managing This Act * * *
Sec. 19.  AGENCY OF COMMERCE                           AND      COMMUNITY
DEVELOPMENT; REALLOCATION
   The state historic preservation officer, with the concurrence of the
commissioner of buildings and general services, may reallocate the funds in
Sec. 4(a) of this act (commerce and community development) to other state
historic sites only for major maintenance, should a more pressing need arise
following the session. If a reallocation occurs, the state historic preservation
officer and the commissioner of buildings and general services shall notify the
house and senate committees on institutions that a reallocation has taken place.
Sec. 20. TRANSFER OF FUNDS APPROPRIATED IN THIS ACT
   (a) Natural resources. The secretary of natural resources, with the approval
of the secretary of administration, may transfer any unexpended project
balances between projects authorized in Sec. 8 of this act (natural resources).
   (b) Military. The adjutant general, with the approval of the secretary of
administration, may transfer any unexpended project balances between projects
authorized by Sec. 9 of this act (military).
Sec. 21. ACCEPTANCE OF GRANTS AND OTHER FUNDS
   (a) Notwithstanding section 5 of Title 32 (acceptance of grants):


                                    - 1528 -
       (1) The commissioner of environmental conservation, with the approval
of the secretary of natural resources, may accept federal grants made available
through the federal Clean Water Act and the federal Drinking Water Act in
accordance with chapter 120 of Title 24. Acceptance of this grant money is
hereby approved, provided all notifications are made under subsection 4760(a)
of Title 24.
      (2) The commissioner of corrections, with the approval of the secretary
of human services, may accept federal grants made available through federal
crime bill legislation.
      (3) The commissioner of health, with the approval of the secretary of
human services, may accept federal grants made available through the
Labor/Health and Human Services appropriations bill. The department of
buildings and general services shall be responsible for site acquisition and any
new construction or building renovations resulting from such grant in
connection with a juvenile residential treatment facility.
     (4) The commissioner of buildings and general services is authorized to
accept funds from the asbestos class action suit with Celotex Corporation.
These funds shall be used by the commissioner to supplement capital
appropriations for major maintenance statewide.
   (b) Each receipt of a grant or gift authorized by this section shall be
reported by the commissioner of the department receiving the funds to the
chairs of the house and senate committees on institutions and to the joint fiscal
committee.
          * * * Buildings and General Services; State Buildings * * *
Sec. 22. VERMONT MUTUAL INSURANCE COMPANY
   (a) Authorization to conduct transaction. The commissioner of buildings
and general services is authorized to enter into an agreement for the purchase
of real property currently owned by the Vermont Mutual Insurance Company
in Montpelier for use by the state for office and rental properties and for the
construction of a central parking facility.
   (b) The commissioner is authorized to grant, for a price to be negotiated by
the commissioner, a 99-year renewable lease for air rights above land, that the
state owns now and in the future, on the site of the Court Street parking lot.
   (c) The commissioner is authorized to enter into a lease with a private party
or private nonprofit entity, for up to 30 years, for parking to be constructed for
the state within a central parking facility. The state is authorized to take title to
the spaces it leases within the central parking facility at the conclusion of the
lease, at the discretion of the commissioner. The commissioner is authorized
                                      - 1529 -
to lease spaces the state controls, either through ownership or lease, for the
term of the agreement through leases or subleases, within the central parking
facility to municipalities, nonprofits entities private users, or others.
   (d) The commissioner is authorized to subdivide or enter into condominium
agreements to separate parcels, buildings, or structures from one another on
property owned now or in the future by the state on the site of the Court Street
parking lot in order to ensure that any fee interest in future commercial or
residential development along Court Street will not be held by the state.
   (e) The commissioner is authorized to purchase or condemn any remaining
rights in property in Montpelier that the state purchased from Vermont Service
Corporation in 1986. If purchased, the price shall be negotiated by the
commissioner.
Sec. 23. 29 V.S.A. § 152(a)(3)(B) is amended to read:
   (a) The commissioner of buildings and general services, in addition to the
duties expressly set forth elsewhere by law, shall:
                                     ***
      (3) Prepare or cause to be prepared plans and specifications for
construction and repair on all state-owned buildings:
                                     ***
          (B) For which no specific appropriations have been made by the
legislature or the emergency board. The commissioner may, with the approval
of the secretary of administration acquire an option, for a price not to exceed
$10,000.00 $75,000.00, on an individual property without prior legislative
approval, provided that the option contain contains a provision stating that
purchase of the property shall occur only upon the approval of the general
assembly and the appropriation of funds for this purpose. The state treasurer is
authorized to advance a sum not to exceed $10,000.00 $75,000.00, upon
warrants drawn by the commissioner of finance and management for the
purpose of purchasing an option on a property pursuant to this subdivision.
Sec. 24. 20 V.S.A. § 2056e is added to read:
§ 2056e. DISSEMINATION OF CRIMINAL HISTORY RECORDS TO
EMPLOYERS OF STATE SECURITY PERSONNEL
   (a) The department of buildings and general services may obtain from the
center a Vermont criminal record, an out-of-state criminal record, and a record
from the Federal Bureau of Investigation for any applicant for a state security
personnel position who has given written authorization, on a release form
prescribed under section 2056c of this chapter, pursuant to the provisions of
                                   - 1530 -
this subchapter and the user’s agreement filed by the commissioner of
buildings and general services with the center. The user’s agreement shall
require the department to comply with all federal and state statutes, rules,
regulations and policies regulating the release of criminal history records and
the protection of individual privacy. The user’s agreement shall be signed and
kept current by the commissioner. Release of interstate and Federal Bureau of
Investigation criminal history records is subject to the rules and regulations of
the Federal Bureau of Investigation’s National Crime Information Center.
   (b) For purposes of this section, “security personnel” shall be defined as
officers or employees of the state hired to perform security functions for the
state, including, but not limited to: protecting the public health and welfare;
patrolling, securing, monitoring, and safekeeping the property, facilities, and
grounds of the state; and exercising other law enforcement duties as may be
authorized by state or federal law.
   (c) The department shall obtain the criminal record of a security personnel
applicant after the applicant has received an offer of employment conditioned
on the record check. Nothing herein shall automatically bar a person who has
a criminal record from applying or being selected for a security position.
   (d) No person shall confirm the existence or nonexistence of criminal
record information to any person who would not be eligible to receive the
information pursuant to this subchapter.
Sec. 25. 29 V.S.A. § 821(a)(6) and (7) are added to read:
       (6) “Emory A. Hebard State Office Building” shall be the name of the
state office building at 100 Main Street in Newport.
      (7) The parking lot for the “Emory A. Hebard State Office Building,”
located at the state office building at 100 Main Street in Newport, shall be
named the “Warren ‘Jersey’ Drown Parking Facility”.
Sec. 26. 133 STATE STREET; OCCUPANCY
   The occupancy plan for the building at 133 State Street in Montpelier shall
be as outlined in plan A or B in the memorandum dated January 23, 2002,
presented by the commissioner of buildings and general services to the house
and senate committees on institutions.
Sec. 27. 29 V.S.A. § 171(d) is added to read:
   (d) All security improvements to state facilities shall be under the direction
of the commissioner of buildings and general services, who shall set statewide
standards for policies, materials, and equipment, including voice and data
reception and transmission upgrades and installations.

                                    - 1531 -
Sec. 28. 29 V.S.A. § 182(2) is amended to read:
      (2) “Capitol complex commission” means a commission consisting of
five members. Four members shall be appointed by the governor, with the
advice and consent of the senate, for a term of three years. The fifth member
shall be the chairman of the Montpelier planning commission appointed by the
Montpelier city council for a term of two years. The chairman chair of the
capitol complex commission shall be designated by the governor. No more
than two members of the commission shall be residents of the city of
Montpelier, and no member may be an exempt employee of the state of
Vermont. The commissioner of buildings and general services shall be the
executive secretary of the board and shall have no vote.
Sec. 29. 29 V.S.A. § 183(6) is added to read:
       (6) Pursuant to the authority granted in subdivision (5) of this section,
the capitol complex commission shall, by June 1, 2003, adopt rules and
regulations to establish a transition zone or zones for the capitol complex
district in order to maintain the public’s ability to see the district, and the state
house, in particular, from surrounding areas, and to better enhance the
aesthetics and cohesiveness of the capitol complex district.
Sec. 30. USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY IN THE
TOWN OF DERBY; AUTHORIZATION
   (a) Purpose. The general assembly finds, determines, and declares it is
necessary and desirable to acquire the real property described in subsection (b)
of this section in order to obtain access from U.S. Route 5 to the proposed
North Country career and technical center in Newport, for the use and benefit
of the citizens of the state of Vermont, and for the promotion of the general
welfare.
   (b) Definition. The real property that is the subject of this section, and that
shall be referred to in this section as the “Sanville property,” is identified as a
parcel of 4.407 acres, more or less, located on the northerly side of U.S.
Route 5 conveyed to Dustin and Maurice Sanville by warranty deed of Marcel
Roberts and Real Desrochers, recorded October 19, 1987 in the town of Derby
land records at book 108, page 238, subject to all liens of record. The Sanville
property is depicted on a plan prepared by Blais Surveying Company dated
April 13, 1978, and bearing the designation Map No. 147-8.
   (c) Acquisition of Sanville property.
      (1) The department of buildings and general services, pursuant to the
declaration of purpose contained in subsection (a) of this section, may acquire


                                      - 1532 -
the Sanville property as described in subsection (b) of this section, by exercise
of the power of eminent domain, which is hereby conferred.
      (2) If the department of buildings and general services elects to acquire
the Sanville property by eminent domain, then the attorney general, on behalf
of the department of buildings and general services, shall petition the Orleans
superior court to issue its order of condemnation, vesting title to the Sanville
property with the state and establishing the amount of compensation to be paid
for the property. Copies of the petition shall be served on all persons holding
an interest of record pursuant to the Vermont Rules of Civil Procedure.
      (3) The Orleans superior court shall set the petition for hearing within
90 days after the filing thereof unless the hearing is waived, in writing, by all
parties to the proceeding, including the state. Failure by the court to establish a
hearing date as required by this subdivision shall not defeat or otherwise
invalidate or nullify the petition.
      (4) At the time set by the court for hearing the petition, any person
holding an interest of record in the Sanville property may appear and be heard
on the questions of necessity and compensation. At the conclusion of the
hearing, or upon waiver of a hearing by all persons holding a lien or other
recorded interest in the Sanville property, the court shall prepare its findings of
fact and order on the questions of necessity and compensation. Any party to
the proceeding, including the state, who appeared at the hearing and who is
dissatisfied with the order of the court, or any part thereof, may appeal the
order to the supreme court as provided in the Vermont Rules of Appellate
Procedure.
       (5) If the order of the court, when final, grants the petition, then the state
shall, within the time prescribed by the order, by its check payable jointly to all
persons having an interest of record, deliver in person or by mail to the person
holding record fee title the amount prescribed by the order. Upon payment of
the amount required by the court’s order, title to the Sanville property shall
vest in the state. A copy of the court’s order shall be filed for record with the
clerk of the town of Derby and with the secretary of state.
   (d) Purchase or exchange. The state may purchase the Sanville property or
an easement across the property directly from the owners if it can be
accomplished at a price satisfactory to the department of buildings and general
services. The state may enter into an agreement to exchange state lands for the
Sanville property if exchange can be accomplished according to terms
satisfactory to the department.
   (e) The amount to be paid by the state in subdivision (c)(5) or in subsection
(d) of this section shall be paid from any appropriation to the department of
                                      - 1533 -
buildings and general services contained in this act. Credit of the state of
Vermont is pledged to the payment of all amounts awarded or allowed under
the provisions of this section, and such amounts shall be lawful obligations of
the state of Vermont.
Sec. 31. 32 V.S.A. § 701b is added to read:
§ 701b. DETERMINATION OF LEGISLATIVE INTENT
   Any dispute or ambiguity about legislative intent regarding any provision of
a capital construction act may be resolved, at the request of the commissioner
of buildings and general services, by the issuance of a statement of legislative
intent signed by the chairs and vice chairs of the house and senate committees
on institutions who participated in writing the act, or if any one chair or
vice chair is unavailable, by no less than three of the four who participated in
writing the act.
Sec. 32. 29 V.S.A. § 152(a)(13) is amended to read:
   (a) The commissioner of buildings and general services, in addition to the
duties expressly set forth elsewhere by law, shall:
                                        ***
       (13) Assure that electric heat for space heating is not used in new state
buildings or in the reconstruction of state buildings, except where it is cost
effective to do so on a life cycle cost basis. The commissioner shall develop a
work plan to phase out the existing use of electric heat in state buildings,
where it is cost effective to do so on a life cycle cost basis, and shall . The
commissioner shall develop a work plan to use renewable energy sources as
the primary source of heating, cooling, or both heating and cooling, in the
construction or reconstruction of all state buildings, unless the commissioner
certifies that it is not cost-effective to do so on a life cycle cost basis or that the
up-front costs are not adequately funded from any source. Annually, on or
before January 15, the commissioner shall report to the general assembly on
the use of renewable energy sources in the construction or reconstruction of
state buildings. The commissioner shall include in the annual budget requests
to the general assembly work plans and budgets to accomplish this the
phase-out of electric heat and the implementation of renewable energy systems
in a timely fashion.
Sec. 33. DISTRICT HEATING IN MONTPELIER; STUDY
   (a) A recent technical analysis of the existing wood-powered heating
facility located behind 120 State Street in Montpelier studied the
cost-effectiveness of extending pipes beyond the capital complex to create a
community energy system that would heat other large municipal and private
                                       - 1534 -
buildings within the city. In order to support the positive public policy of
promoting a Vermont-grown source of renewable energy, the commissioner of
buildings and general services shall work cooperatively with the city of
Montpelier to conduct additional analyses, as follows:
      (1) Engineering studies and cost estimates regarding extension of
heating pipes to at least city hall and the municipal police and fire stations, as
an initial step in expanding use of the existing system beyond the capitol
complex;
       (2) A business development analysis to determine the preferred form of
facility ownership and management once service is expanded beyond the
capitol complex; and
      (3) A cost analysis.
   (b) The commissioner shall present the results of these analyses, together
with recommendations, to the senate and house committees on institutions on
or before January 15, 2003.
Sec. 34. 29 V.S.A. §152(17) is amended to read:
      (17) Manage and expend all appropriations made in each annual capital
construction act to the department of buildings and general services under
chapter 5 of this title; provided the commissioner shall make no expenditure in
excess of $100,000.00 on any project unless specifically approved by the
general assembly or, if the general assembly is not in session, by the
emergency board. However, the commissioner of buildings and general
services may, with the approval of the secretary of administration, direct the
commissioner of finance and management to issue a warrant to pay the amount
of any appropriation designated for use by an entity not affiliated with the
executive branch directly to such entity.
Sec. 35. SALE OF PROPERTY; MONTPELIER
   Notwithstanding any provision of 29 V.S.A. § 104 to the contrary, the
commissioner of buildings and general services is authorized to sell a parcel of
land of approximately 0.046 acres in Montpelier, located in the vicinity of One
Baldwin Street, to the abutting property owner at One Hopkins Street. The
price paid for the parcel shall be at least fair market value for similar land in
the city. Proceeds from the sale shall be used to defray expenditures
authorized in a future capital construction act.
Sec. 36. 29 V.S.A. § 152(20) is amended to read:
      (20) Transfer any unexpended project balances between projects that are
authorized within the same topical sections of different capital construction
acts, with the approval of the secretary of administration when the unexpended
                                     - 1535 -
project balance does not exceed $100,000 $100,000.00, or with the additional
approval of the emergency board when such balance exceeds $100,000
$100,000.00.
Sec. 37. BUILDINGS AND GENERAL SERVICES; CONFLICT
   In the event of a conflict between the provisions of 29 V.S.A. § 165 and any
other provision of law pertaining to state facilities, the provisions of
section 165 shall control.
                            * * * Corrections * * *
Sec. 38. 28 V.S.A. § 121 is added to read:
§ 121. COMMUNITY HIGH SCHOOL OF VERMONT BOARD
   (a) A board is established for the purpose of advising the education
supervisor of the independent school established in section 120 of this title.
The board shall have supervision over policy formation for the independent
school, except as otherwise provided, shall recommend school policy to the
commissioner of corrections, shall oversee local advisory boards of the school,
and shall perform such other duties as requested from time to time by the
commissioners of education or of corrections.
   (b) The board shall consist of nine members, each appointed by the
governor for a three-year term subject to the advice and consent of the senate,
in such a manner that no more than three terms shall expire annually, as
follows:
      (1) Six representatives from the membership of local advisory boards
serving the school sites, not to include more than one member from any
advisory board.
     (2) Three members-at-large.
   (c) The board shall appoint a chair and vice chair, each of whom shall serve
for one year or until a successor is appointed by the board.
   (d) The board shall report on its activities annually to the state board of
education.
   (e) The board may, with the approval of the commissioner of corrections,
appoint the education supervisor of the independent school.
Sec. 39. 32 V.S.A. § 1010 (a) is amended to read:
§ 1010. MEMBERS OF CERTAIN BOARDS



                                   - 1536 -
  (a) Except for those members serving ex officio or otherwise regularly
employed by the state, the compensation of the members of the following
boards shall be $50.00 per diem:
                                      ***
      (28) Offender work programs board
      (29) Community high school of Vermont board.
Sec. 40. 28 V.S.A. § 120(b) is amended to read:
   (b) Applicability of education provisions. The education program shall be
approved by the commissioner state board of education as an independent
school under 16 V.S.A. § 166, shall comply with the school quality standards
provided by section 165 of Title 16 16 V.S.A. § 165, and shall be coordinated
with adult education, special education and technical education.
Sec. 41. 28 V.S.A. § 120(h) is amended to read:
   (h) Required participation. All persons under the custody of the
commissioner of corrections who are under the age of 21 22 and have not
received a high school diploma shall participate in the education program
unless exempted by the commissioner.
Sec. 42. CORRECTIONS WORKFORCE COMMITTEE
    (a) In order to advance the work begun by the committee established in
Sec. 83 of No. 61 of the Acts of 2001 (“2001 committee”), which identified
barriers impeding the successful entry of ex-offenders into the workforce, there
is established a committee designed to:
      (1) coordinate resources and programs that are already available to the
corrections population;
      (2) explore potential partnerships; and
       (3) design and implement solutions to issues identified by the 2001
committee in its January 2002 report to the general assembly, including, but
not limited to, the issues identified in section II.D.1 of the report and the need
for structured transitional housing.
   (b) The committee shall be comprised of the commissioners of employment
and training, of corrections, and of education, the chancellor of the Vermont
state colleges, and the executive director of the Human Resources Investment
Council, or their designees, who shall work together and with other public and
private entities, including the Community High School of Vermont and
independent organizations providing education and training.


                                    - 1537 -
   (c) The department of employment and training shall provide the
committee with administrative support. The legislative council shall also
provide administrative support and draft any proposed legislation or reports to
the general assembly.
  (d) The committee shall report its progress to the house and senate
committees on institutions and on education on or before January 15, 2003.
   (e) Committee members who are not full-time state employees shall be
entitled to per diem and expenses as provided in 32 V.S.A. § 1010.
Sec. 43. 28 V.S.A. § 811 is amended to read:
§ 811. REDUCTION OF TERM FOR GOOD BEHAVIOR
                                     ***
    (f) Each At least once monthly, each inmate committed to the custody of
the commissioner shall receive timely written notice each month of be entitled
to see his or her permanent file which shall record any reduction in the
maximum term of confinement, and a notation of such award shall be entered
each month on a cumulative record of such actions in the inmate’s permanent
file. If the inmate is not awarded the maximum allowable reduction in the
maximum term of confinement in any given month, the inmate shall receive a
written explanation for the denial of such reduction from the administrative
officer of the facility wherein the inmate is confined shall be included in the
inmate’s file. For an inmate confined in a work camp, the provisions of this
subsection shall apply to both the minimum and maximum terms of the
inmate’s confinement.
                                     ***
   (h) Where the sentence is the unsuspended portion of a sentence imposed
under subsection 205(a) of this title, it shall be treated as the minimum term of
the entire sentence for purposes of this section.
Sec. 44. 28 V.S.A. § 102(c)(20) is added to read:
   (c) The commissioner is charged with the following responsibilities:
                                       ***
       (20) To utilize the department of buildings and general services
competitive bidding practices in order to determine the most effective and
cost-effective alternatives for housing inmates in any out-of-state correctional
facility.
Sec. 44a.   CONDITIONAL               REENTRY;           DEPARTMENT          OF
CORRECTIONS
                                    - 1538 -
    Notwithstanding the provisions of chapter 25 of Title 3, the agency of
human services, department of corrections, shall not be required to implement
its policies and directives in the form of an emergency rule or administrative
rule prior to January 1, 2003. The department shall work with the Vermont
defender general, the executive director of the department of state’s attorneys
and sheriffs, the executive director of the Vermont league of cities and towns,
the director of the Vermont state employees’ association, and the executive
director of the Vermont parole board, or their designees, to address the
concerns these organizations have expressed regarding proposed rule #371,
emergency rule #371, or any other rule or proposed rule regarding
classification guidelines or conditional reentry, including:
      (1) Cost-shifting to local enforcement by increasing the number of
offenders in the community and allocating fewer departmental resources for
supervision;
       (2) Release of offenders into the community due to a need for additional
beds rather than by determination of what is safe for the community or in the
best interest of the offender;
      (3) Reduction in the authority afforded to field staff, which subverts the
effectiveness of their supervision of offenders within the community;
      (4) Lack of notification of local enforcement officers when a new
offender is released into the community or when an offender already within the
community reoffends;
      (5) Inadequate opportunity provided to local enforcement officials and
to department of corrections field staff to participate in the decision to
reincarcerate an offender when new violations occur in the community;
      (6) The concern that the definition of “risk” does not include a
consideration of previous criminal history, and that it does not assess risk in a
sufficiently broad or accurate manner;
      (7) Insufficient determination of the connections between parole and
conditional reentry;
       (8) Inadequate and inappropriate housing for offenders who are released
into the community;
      (9) The need for an agreement signed by members of a released
offender’s household regarding items including firearms, alcohol or drugs in
the household.
Sec. 45. 28 V.S.A. § 1302 is added to read:


                                    - 1539 -
§ 1302. VIOLATIONS OF CONDITIONS; RETAKING; HEARING AND
NOTICE
   Where the state of Vermont is supervising a parolee or probationer pursuant
to the interstate compact for the supervision of parolees and probationers, the
officer designated under subdivision 1301(5) of this chapter (“compact
administrator”) shall notify the compact administrator of the sending state
whenever consideration should be given to retaking or returning to the sending
state any parolee or probationer who is believed to have violated any of the
terms of supervision in this state. If a parolee or probationer is placed in
custody in this state pending notification to the sending state, this state’s
compact administrator shall ensure that a hearing is held within 15 workdays
of when custody began, unless the hearing is waived by the parolee or
probationer in writing. Probable cause to believe that any condition of parole
or probation have been violated shall be determined during the course of the
hearing, and for this purpose the compact administrator or designee may use
the testimony of witnesses, affidavits of witnesses unable to attend, testimony
by witnesses via telephone, and any records kept in the regular course of
business. All testimony shall be under oath. Following the hearing, the state’s
compact administrator or designee shall send a copy of the hearing record to
the sending state’s compact administrator along with a recommendation
regarding the disposition to be made of the parolee or probationer. Pending the
decision of the sending state, the parolee or probationer may be held in custody
for a period not to exceed 15 workdays from the day of the hearing, except that
this state’s compact administrator may extend the period of custody for a
reasonable period of time if the sending state has notified this state’s compact
administrator that it is retaking the parolee or probationer.
Sec. 46.    UNIFORM ACT FOR OUT-OF-STATE                               PAROLEE
SUPERVISION; EFFECTIVE DATE FOR AMENDMENT
   (a) Sec. 45 of this act shall take effect when the commissioner of the
Vermont department of corrections determines that the section has complied
with the provisions of chapter 21 of Title 28 (uniform act for out-of-state
parolee supervision) and with any provisions regarding amendment of that act.
   (b) When chapter 22 of Title 28 (interstate compact for the supervision of
adult offenders) takes effect and chapter 21 of that title is thereby repealed, the
compact administrator for the state of Vermont shall present to the interstate
commission the substance of Sec. 45 of this act for consideration as a proposed
rule or an amendment to the compact.
             * * * Commerce and Community Development * * *
Sec. 47. 18 V.S.A. § 5212b is added to read:
                                     - 1540 -
§ 5212b. UNMARKED BURIAL SITES SPECIAL FUND
   (a) The unmarked burial sites special fund is established in the state
treasury for the purpose of protecting, preserving, moving or reinterring human
remains discovered in unmarked burial sites.
   (b) The fund shall be comprised of any monies appropriated to the fund by
the general assembly or received from any other source, private or public.
Interest earned on the fund, and any balance remaining in the fund at the end of
a fiscal year, shall be retained in the fund. This fund shall be maintained by
the state treasurer, and shall be managed in accordance with chapter 7,
subchapter 5 of Title 32. As a condition to any appropriation to this fund, any
historic (pre-1920) Native American remains, which have been or may be
discovered in the state, may be interred at the premises after consulting with
the Governor’s Advisory Commission on Native American Affairs, established
by Executive Order No. 97-90, or any successor entity, as was required by Sec.
20 of No. 62 of the Acts of 1995.
   (c) The commissioner of housing and community affairs may authorize
disbursements from the fund for use in any municipality in which human
remains are discovered in unmarked burial sites in accordance with a process
approved by the commissioner. The commissioner shall approve any process
developed through consensus or agreement of the interested parties, including
the municipality, the Governor’s Advisory Commission on Native American
Affairs, and private property owners of property on which there are known or
likely to be unmarked burial sites, provided the commissioner determines that
the process is likely to be effective, and includes all the following:
      (1) Methods for determining the presence of unmarked burial sites,
including archaeological surveys and assessments and other nonintrusive
techniques.
       (2) Methods for handling development and excavation on property on
which it is known that there is or is likely to be one or more unmarked burial
sites.
     (3) Options for owners of property on which human remains in
unmarked burial sites are discovered or determined to be located.
       (4) Procedures for protecting, preserving or moving unmarked burial
sites and human remains, subject, where applicable, to the permit requirement
and penalties of this chapter.
      (5) Procedures for resolving disputes.



                                   - 1541 -
   (d) If unmarked burial sites and human remains are removed, consistent
with the process set forth in this section and any permit required by this
chapter, there shall be no criminal liability under 13 V.S.A. § 3761.
   (e) The funds shall be used for the following purposes relating to unmarked
burial sites:
      (1) To monitor excavations.
    (2) To protect, preserve, move or reinter unmarked burial sites and
human remains.
      (3) To perform archaeological assessments and archaeological site or
field investigations, including radar scanning and any other nonintrusive
technology or technique designed to determine the presence of human remains.
      (4)   To provide mediation and other appropriate dispute resolution
services.
       (5)    To acquire property or development rights, provided the
commissioner of housing and community affairs determines that disbursements
for this purpose will not unduly burden the fund.
      (6) Any other appropriate purpose determined by the commissioner to
be consistent with the purposes of this fund.
   (f) The commissioner may adopt rules to carry out the intent and purpose
of this section.
Sec. 48. UNMARKED BURIAL SITE FUND REPORT; DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
   The commissioner of housing and community affairs shall issue a written
report to the Senate Committee on General Affairs and Housing, the House
Committee on General, Housing and Military Affairs, and the Governor’s
Advisory Commission on Native American Affairs on or before January 15,
2003, regarding the implementation of this act and chapter 107 of Title 18.
The report shall include:
      (1) The fund balance, including the sources of deposits.
     (2) Disbursements that have been made from the fund, the municipality
for which the disbursement was made, and a description of the process used or
implemented by the municipality to protect unmarked burial sites or property
owners, or both.
      (3) Management processes implemented by municipalities that are
designed to protect unmarked burial sites, preserve Native American human
remains and protect the rights of owners of property on which unmarked burial
                                    - 1542 -
sites exist or are suspected to exist and an evaluation of the effectiveness of
these processes and a description of the actions taken by the Division of
Historic Preservation to encourage and support appropriate municipalities to
design such a process.
      (4) Improvements made to facilitate access to and communications with
the Governor’s Advisory Commission on Native American Affairs, including
assuring publication of telephone and fax numbers and postal and email
addresses in local and state directories, message retrieval, state website
presence and any other enhancement implemented to improve access to the
Governor’s Advisory Commission on Native American Affairs.
       (5) The status of any rulemaking initiated or completed pursuant to this
act.
Sec. 49. BENNINGTON BATTLE MONUMENT; ILLUMINATION
    Pursuant to the desires expressed by a majority of voters casting ballots on
Town Meeting Day in Bennington in March 2002, and notwithstanding any
provision of law to the contrary, the Bennington Battle monument shall be
illuminated pursuant to a plan to be developed by the commissioner of
buildings and general services. In preparing the plan, the commissioner may
consult with any person he or she deems necessary.
                   * * * Education; School Construction * * *
Sec. 50. TRANSITIONAL PROVISIONS; CONSTRUCTION AID FOR
TECHNICAL CENTERS
   (a) Notwithstanding any provision of law to the contrary, the amount of an
award for the construction or purchase of a new technical center building or
additions or alterations to an existing technical center building for the
following projects shall be 100 percent of the approved cost of the project:
       (1) The North Country Career Center now located in Newport.
      (2) Any portion of the combined technical center project dedicated
specifically to the provision of state-approved technical education
programming in Chittenden County; provided nothing in this section shall
apply to any noncombined project providing technical education in Chittenden
County.
       (3) The Southeastern Vermont Career Education Center in Brattleboro.
   (b) For purposes of determining when it shall receive its award, each of the
technical centers identified in subsection (a) of this section shall maintain its
position in the priority set forth in subsection (a). This section shall replace the
process required in chapter 123 of Title 16 for these three technical centers;
                                     - 1543 -
provided these technical centers shall conform to the standards for technical
education center construction developed jointly by the commissioners of
education and of buildings and general services pursuant to Sec. 44 of No. 148
of the Acts of 2000. Nothing in this section shall be construed to prohibit the
districts responsible for these three technical centers from seeking voter
approval to borrow 100 percent of the project costs in anticipation of state aid;
provided the district shall not be reimbursed by the state for debt incurred due
to such borrowing. The capital construction funding request for these three
projects shall be a separate line item in the annual request submitted by the
state board of education pursuant to 16 V.S.A. § 3448(a)(4).
   (c) Notwithstanding any other provision of law, the department of
buildings and general services shall be responsible for all design, construction,
or purchase of any new buildings or alterations of existing buildings. All state
construction aid for these projects shall be appropriated to the department of
buildings and general services for this purpose. Such funds may be used to
hire temporary or contract staff to assist with these responsibilities.
Sec. 51. 29 V.S.A. § 152(a)(25) is added to read:
   (a) The commissioner of buildings and general services, in addition to the
duties expressly set forth elsewhere by law, shall:
                                      ***
       (25) In his or her discretion, be responsible for the design, construction,
or purchase of any new buildings or alterations of existing buildings in
connection with any technical center receiving funding under Title 16. All
state construction aid for these projects shall be appropriated to the department
of buildings and general services for this purpose. Such funds may be used to
hire temporary or contract staff to assist with these responsibilities.
Sec. 52. MISSISQUOI VALLEY SCHOOL DISTRICT; MIDDLEBURY
UNION HIGH SCHOOL DISTRICT #3; CONSTRUCTION AID
AUTHORIZED
   Notwithstanding any other provisions of law, including, but not limited to,
subdivision 3448(a)(5) of Title 16, requiring approval of a final application by
the state board of education as a precondition to receipt of school construction
aid, the Missisquoi Valley School District (for replacing stucco detached from
the building) and the Middlebury Union High School District #3 (for
renovating the high school auditorium) may each receive 25 percent
construction aid for the state’s total share of costs incurred in 2001, which
share shall not exceed $28,750.00 for the Missisquoi Valley School District
and $186,000.00 for the Middlebury Union High School District #3, if such
costs are deemed eligible by the commissioner of education under state board
                                    - 1544 -
rules, and if the project was properly bid under section 559 of Title 16. In no
case shall the construction aid exceed 25 percent of the voter-approved cost for
the project. These schools shall be placed in order of priority for receipt of
construction aid after the final school districts on the list of school districts
submitted by the state board of education in January 2002.
Sec. 53. 16 V.S.A. § 3448(a)(5)(B) is amended to read:
      (5) Final approval for construction aid.
                                     ***
        (B) The state board may approve a final application for a project
provided that:
            (i) the project has received preliminary approval;
            (ii) the district has voted funds or authorized a bond for the total
estimated cost of the project;
            (iii) the district has made arrangements for project construction
supervision by persons competent in the building trades;
            (iv) the district has provided for construction financing of the
project during a period prescribed by the state board; and
          (v) the project has otherwise met the requirements of sections
3447-3456 of this title; and
              (vi) if the proposed project includes a playground, the project
includes a requirement that the design, construction or installation,
maintenance, and supervision of playground equipment follow the guidelines
set forth in the United States Consumer Product Safety Commission Handbook
for Public Playground Safety.
Sec. 54. TWINFIELD EARLY CARE AND EDUCATION CENTER;
ORLEANS CENTRAL EARLY CHILDHOOD EDUCATION AND
FAMILY CENTER; AUTHORIZATION
   Notwithstanding any provision of law that might render an early education
program ineligible for state school construction aid under chapter 123 of Title
16, the Twinfield Union School District and the Orleans Central Supervisory
Union are each eligible to receive state school construction aid of 30 percent of
the approved cost of their respective projects to construct community early
education centers, subject to approval of the project by the commissioner of
education, and, once approved, the state board of education shall place the
projects on the prioritized list of school construction projects. Notwithstanding
the provisions of 16 V.S.A. § 3448(a)(8)(B), any federal funds received in
connection with these projects shall be considered eligible construction costs.
                                       - 1545 -
Nothing in this section shall be construed as requiring the district, union, or
projects to comply with any other requirement of section 3448.
Sec. 55. 16 V.S.A. § 1545 is amended to read:
§ 1545. CREDITS AND GRADES EARNED
   (a) Grades earned in a technical education course offered within a technical
education program approved by the state board shall not be altered by any
public or independent school in Vermont and shall be applied by the school
toward any state or local graduation requirements in accordance with policies
adopted by the school board of each sending school district. Such policies shall
be adopted prior to the beginning of the school year in which the course is
offered rules adopted by the state board. Any state board rules regarding
earning of credits shall allow flexibility with respect to the integration of
technical education and other academic courses.
   (b) The credits earned for a technical education program approved by the
state board shall be consistent with any state board rule and with the credit
policies of the board responsible for operation of the technical center. These
credits shall be honored by any public or independent school within Vermont
and applied toward any state or local graduation requirement. Any state board
rules regarding earning of credits shall allow flexibility with respect to the
integration of technical education and other academic courses school district or
independent school graduation requirements exceeding the minimum number
of credits required by the state board.
   (c) For any student attending the Vermont academy for science and
technology pursuant to section subsection 4011(e) of this title, the credits and
grades earned shall, upon request of the student or the student’s parent or
guardian, be applied toward graduation requirements at the Vermont high
school which the student attended prior to enrolling in the academy.
Sec.56. SCHOOL CONSTRUCTION; ENERGY EFFICIENCY; FEDERAL
ENERGY STAR PROGRAM
   (a) The department of education, in consultation with Efficiency Vermont,
the department of public service, and the department of buildings and general
services, shall prepare a proposed energy performance standard designed to
increase energy efficiency in newly constructed or remodeled school buildings
by at least ten percent above currently applicable energy standards. In
preparing the proposed standard, the department shall examine existing
programs in other states or nationally, including the federal Energy Star
program. The department shall submit the proposed energy performance
standard, together with a report of the analysis that underlies the standard, to
the house and senate institutions committees on or before January 15, 2003.
                                    - 1546 -
   (b) Each applicant for state school construction aid under chapter 123 of
Title 16 shall consult with Efficiency Vermont concerning ways in which the
applicant might improve the energy efficiency of the proposed construction
project.
Sec. 57. MOUNT ANTHONY UNION MIDDLE SCHOOL; ALLOCATION
OF SCHOOL CONSTRUCTION FUNDS
   That portion of the funds appropriated in Sec. 6(a) of No. 61 of the Acts of
2001 identified by the state board of education for the Mount Anthony Middle
School project shall remain allocated to that school district until April 15, 2003
or such time as the project receives final state board approval, whichever is
earlier. If the funds have not been disbursed by April 15, 2003, then the
general assembly may consider re-allocating the funds to another capital
project.
                               * * * Judiciary * * *
Sec. 58. 24 V.S.A. § 71b is amended to read:
§ 71b. COURTHOUSE SECURITY
   (a) The assistant judges and the county sheriff shall jointly agree and shall
be responsible for employing or contracting with a sheriff, sheriff’s department
or any other person or with any other entity employing persons who have been
certified by the criminal justice training council pursuant to section 2358 of
Title 20 to provide court security services in county courthouses.
Compensation shall be provided by the court administrator’s office at a rate
jointly approved by the assistant judges and the court administrator with the
person or entity providing the security services.
   (b) The authority to disburse funds appropriated in any general fund
appropriations act to the court administrator for the purpose of providing or
enhancing security at any court facility is contingent upon the following:
      (1) The court administrator’s office shall ensure that security screening
is conducted, at any courthouse requesting it, on any day on which a judicial
officer is assigned to preside at that location; and
       (2) Compensation for security services provided under subdivision (1)
of this subsection is made as required under subsection (a) of this section.
                           * * * State Colleges * * *
Sec. 59. SPENDING AND BONDING AUTHORIZATION; VERMONT
STATE COLLEGES
   In conformity with 16 V.S.A. § 2171(e), the general assembly approves the
expenditure by the Vermont state colleges from its revenues, other than state
                                  - 1547 -
appropriations, and from its self-generated revenues established for the
purpose of capital improvements on housing, dining, and general purpose
facilities, to an aggregate of $1 million for necessary capital improvements.
Capital improvements in excess of $50,000.00 shall be under the supervision
of the commissioner of buildings and general services.
                        * * * Natural Resources * * *
Sec. 60. ACTION REGARDING STATE LAND
   (a) Pursuant to 10 V.S.A. § 2603(b), the commissioner of forests, parks and
recreation is authorized to exchange or lease certain state lands, as follows:
      (1) To convey an easement across a portion of Quechee State Park to the
Town of Hartford to accommodate a planned extension of the municipal water
line.
      (2) To convey a right-of-way across a portion of the French Hill Block
of Mount Mansfield State Forest in the Town of Johnson to Edward LeFevre.
The right-of-way will provide access for forestry purposes and to a single
recreational camp on a landlocked parcel owned by Edward LeFevre. In
exchange, Edward LeFevre shall pay to the agency of natural resources the
sum of $7,500.00, which represents a fair assessment of the value of the
right-of-way. This sum shall be used by the agency to help acquire the 18.5-
acre Murray parcel located adjacent to Mount Mansfield State Forest in the
Town of Morristown.
      (3) To convey 110 +/- acres, located in the Town of Newbury, acquired
as a bequest from the Enrita Carlson estate, to the Town of Newbury, subject
to a grant of development rights and conservation easement held by the Upper
Valley Land Trust (UVLT). The Carlson property is not adjacent to
state-owned land or interest in land; however, it is adjacent to properties
conserved with easements held by UVLT. The property will be restricted from
any future development, and will be open to nonmotorized public access.
      (4) To enter into an exchange of land with Carl Cole in the Town of
Ferrisburgh, where the state would convey 21 +/- acres and an existing barn at
Kingsland Bay State Park in exchange for 28 +/- acres adjacent to Lower Otter
Creek Wildlife Management Area, with frontage on Otter Creek. The 21 +/-
acres will be conveyed with a deed restriction to prevent future development or
commercial use. The 28 +/- acres to be conveyed to the state will be of equal
or greater appraised value than the 21 +/- -acre parcel to be conveyed to Carl
Cole.
   (b) Notwithstanding the provisions of section 104 of Title 29, the net
proceeds of any transactions authorized by this section shall be deposited with

                                   - 1548 -
the state treasurer, to be held in the agency of natural resources land
acquisition special fund for use by the agency of natural resources in acquiring
conservation lands.
Sec. 61. 29 V.S.A. § 152(a)(26) is added to read:
   (a) The commissioner of buildings and general services, in addition to the
duties expressly set forth elsewhere by law, shall:
                                     ***
      (26) supervise capital improvements in excess of $50,000.00 made by
the department of forests, parks and recreation.            The secretary of
administration shall transfer positions from the agency of natural resources to
the department of buildings and general services sufficient to manage the
additional work required by this subdivision.
Sec. 62. 24 V.S.A. § 3501 is amended to read:
§ 3501. DEFINITIONS
   The following words and phrases, as used in this chapter and in chapter 101
of this title, shall have the following meanings:
                                     ***
      (5) “Sewage” is the used water supply of a community, including such
ground water, surface and storm water as may or may not be mixed with these
liquid wastes from the community.
       (6) “Sewage system” shall include such equipment, pipe line system and
facilities as are needed for and appurtenant to the treatment or disposal of
sewage and waters, as defined herein, including a sewage treatment or disposal
plant, as defined in section 3601 of this title, and separate pipe lines and
structural or nonstructural facilities as are needed for and appurtenant to the
treatment or disposal of storm, surface, and sub-surface subsurface waters.
                                     ***
Sec. 63. 24 V.S.A. § 3601 is amended to read:
§ 3601. DEFINITIONS
   The definitions established in section 3501 of this title shall establish the
meanings of those words as used in this chapter, and the following words and
phrases as used in this chapter shall have the following meanings:
                                     ***
     (3) The phrase “sewage treatment or disposal plant” shall include, for
the purposes of this chapter, such plant, equipment, system and facilities,
                                    - 1549 -
whether structural or nonstructural, as are needful for and appurtenant to the
treatment or disposal by approved sanitary methods of domestic sewage,
garbage, or industrial wastes, stormwater, or surface water.
Sec. 64. 24 V.S.A. § 3615 is amended to read:
§ 3615. RENTS; RATES
   Such municipal corporation, through its board of sewage disposal
commissioners, may establish charges to be called “sewage disposal charges,”
to be paid at such times and in such manner as the commissioners may
prescribe. The commissioners may establish annual charges separately for
bond repayment, fixed operations and maintenance costs (not dependent on
actual use), and variable operations and maintenance cost dependent on flow.
Such charges may be based upon: (1) the metered consumption of water on
premises connected with the sewer system, however, the commissioners may
determine no user will be billed for fixed operations and maintenance costs and
bond payment less than the average single family charge; (2) the number of
equivalent units connected with or served by the sewage system based upon
their estimated flows compared to the estimated flows from a single family
dwelling,; however, the commissioners may determine no user will be billed
less than the minimum charge determined for the single family dwelling
charge for fixed operations and maintenance costs and bond payment; (3) the
strength and flow where wastes stronger than household wastes are involved;
(4) the appraised value of premises, in the event that the commissioners shall
determine the sewage disposal plant to be of general benefit to the municipality
regardless of actual connection with the same; (5) the commissioners’
determination developed using any other equitable basis such as the number
and kind of plumbing fixtures, the number of persons residing on or
frequenting the premises served by those sewers, the topography, size, type of
use, or impervious area of any premises; or (6) any combination of these bases,
so long as the combination is equitable. The basis for establishing sewer
disposal charges shall be reviewed annually by sewage disposal
commissioners. No premises otherwise exempt from taxation, including
premises owned by the state of Vermont, shall, by virtue of any such
exemption, be exempt from charges established hereunder.                    The
commissioners may change the rates of such charges from time to time as may
be reasonably required. Where one of the bases of such charge is the appraised
value and the premises to be appraised are tax exempt, the commissioners may
cause the listers to appraise such property, including state property, for the
purpose of determining the sewage disposal charges. The right of appeal from
such appraisal shall be the same as provided in chapter 131 of Title 32. The
commissioner of finance and management is authorized to issue his warrants
for sewage disposal charges against state property and transmit to the state
                                     - 1550 -
treasurer who shall draw a voucher in payment thereof. No charge so
established and no tax levied under the provisions of section 3613 of this title
shall be considered to be a part of any tax authorized to be assessed by the
legislative body of any municipality for general purposes, but shall be in
addition to any such tax so authorized to be assessed. Sewage disposal charges
established in accord with this section may be assessed by the board of sewage
disposal commissioners as provided in section 3614 of this title to derive the
revenue required to pay pollution charges assessed against a municipal
corporation under section 1265 of Title 10.
Sec. 65. 24 V.S.A. § 3672 is amended to read:
§ 3672. DEFINITIONS
   (a) As used in this chapter, the following words and terms shall have the
following meanings unless the context indicates another or different meaning
or intent:
                                     ***
       (2) “Sewage system” includes such equipment, pipeline systems and
facilities as are needed for and appurtenant to the treatment or disposal of
sewage and waters, including sewage treatment plants and separate pipelines
and structural or nonstructural facilities as are needed for and appurtenant to
the treatment or disposal of storm, surface and subsurface waters, and all
properties, rights, easements, and franchises relating thereto and deemed
necessary or convenient by the sewer commission for the operation thereof.
      (3) “Sewage” means the used water supply of a community, including
such groundwater, surface water and storm water stormwater as may or may
not be mixed with liquid wastes from the community.
                                     ***
Sec. 66. 24 V.S.A. § 4753 is amended to read:
§ 4753.      REVOLVING LOAN FUNDS; AUTHORITY TO SPEND;
REPORT
   (a) There is hereby established a series of special funds to be known as:
      (1) The Vermont environmental protection agency (EPA) pollution
control revolving fund which shall be used to provide loans to municipalities
for planning sewage systems and sewage treatment or disposal plants as
defined in sections 3501(6) and 3601 of this title, for constructing
publicly-owned sewage systems and sewage treatment or disposal plants as
defined in sections 3501(6) and 3601 of this title, for planning or construction

                                    - 1551 -
of certain privately-owned wastewater systems, and for implementing related
management programs.
                                     ***
   (d) Funds from the Vermont environmental protection agency pollution
control fund and the Vermont pollution control revolving fund, established by
subdivisions (1) and (2) of subsection (a) of this section, may be awarded for:
     (1) the construction of a new or an enlarged waste water treatment plant
with a resulting total capacity of 250,000 gallons or more per day in
accordance with the provisions of this chapter and section 1626a of Title 10; or
       (2) the construction of stormwater management facilities as specifically
or generally described in Vermont’s nonpoint source management plan, and
which are necessary to remedy or prevent pollution of waters of the state;
provided, in any year in which federal grant for the fund established in
subdivision (a)(1) of this section does not exceed the amount available to the
state in the 2002 federal appropriation, no more than 10 percent of that year’s
federal and state appropriations to that fund shall be used for the purpose
outlined in this subdivision.
Sec. 67. 24 V.S.A. § 4754 is amended to read:
§ 4754. LOAN APPLICATION
   A municipality may apply for a loan, the proceeds of which shall be used to
acquire, design, plan, construct, enlarge, repair or improve a publicly-owned
sewage system, sewage treatment or disposal plant, pollution control facility,
water supply, water system, or solid waste handling and disposal facility, or
certain privately-owned wastewater systems as described in section 4763 of
this title, or to implement a related management program. In addition, the loan
proceeds shall be used to pay the outstanding balance of any engineering
planning advances made to the municipal applicant under chapter 55 of Title
10 and determined by the secretary of the agency of natural resources to be due
and payable following construction of the improvements to be financed by the
proceeds of the loan. The bond bank may prescribe any form of application or
procedure required of a municipality for a loan hereunder. Such application
shall include such information as the bond bank shall deem necessary for the
purpose of implementing this chapter.
          * * * Criminal Justice and Fire Service Training Council * * *
Sec. 68. FIRE DEPARTMENT AND FIRE DISTRICT FINANCING AND
STRUCTURAL STUDY
   (a) The General Assembly finds:

                                    - 1552 -
      (1) Fire departments and fire districts serve an essential public role.
      (2) Volunteer, paid, call, and professional firefighters are available 24
hours a day, 365 days a year.
      (3) These firefighters risk their lives to protect property and the lives of
others.
       (4) Many of Vermont’s fire departments and fire districts are threatened
by their inability to raise sufficient operating and capital funds without
straining municipal budgets and by their inability to attract and properly train
and equip volunteers.
      (5) Pursuant to the provisions of subchapter 3 of chapter 175 of Title 20,
many municipalities and fire districts have entered into mutual aid agreements
to aid surrounding communities in the event of a major fire emergency, but
they may not be able to respond fully because of difficulties with funding,
recruitment, or training.
      (6) Municipal fire departments and fire districts incur operational costs
for each property or automobile fire to which they respond, in excess of
long-term infrastructure equipment and space needs.
      (7) Other states have developed sustainable funding sources and
mechanisms, such as a gross receipts tax on property and automobile insurance
premiums to fund state and regional training programs, and the authority of
municipalities to assess a per-call user fee against homeowner and automobile
insurance policies when called to respond to a loss, to cover operational
expenses incurred.
      (8) There is a need to examine the financial issues and employment
patterns that threaten municipal fire departments and fire districts to assure
they are able to continue providing their vital, and sometimes lifesaving, public
services.
   (b) In order to develop new options to assure long-term financial stability
for the state’s municipal fire departments and fire districts, the commissioners
of banking, insurance, securities, and health care and of finance and
management and the executive director of the Vermont Fire Service Training
Council shall jointly examine municipal fire departments’ and fire districts’
funding needs and sources, and shall make recommendations to address those
needs from available sources. They shall identify and jointly make
recommendations to address other issues that threaten the viability of fire
departments.     As part of their examination, they shall consult with
representatives of the Vermont Fire Chiefs’ Association, the Vermont State
Firefighters Association, the Vermont Career Fire Chiefs Association, and the

                                     - 1553 -
Professional Firefighters Association. The commissioners and executive
director shall submit a report of their findings and recommendations to the
house committee on ways and means and to the senate committee on finance
by January 15, 2003.
                           * * * Miscellaneous * * *
Sec. 69. 32 V.S.A. § 182(8) is amended to read:
§ 182. DUTIES OF COMMISSIONER
  (a) In addition to the duties expressly set forth elsewhere by law, the
commissioner of finance and management shall:
                                     ***
      (8) Prepare monthly financial reports for the governor, secretary of
administration, and other officials and for release to the general public, and an
annual financial report in accordance with generally accepted accounting
principles which shall be distributed to the chairs of the house committees on
appropriations, institutions, and ways and means and to the senate committees
on appropriations, finance, and institutions on or before December 31 of each
year;
Sec. 70. REPEAL
   10 V.S.A. § 6621 (shelf labeling law regarding hazardous products) is
repealed.
Sec. 71. SUNSET
   On October 1, 2003, the statutory sections amended by Secs. 62 through 67
of this act shall revert to the language that they contained before passage of
this act.
Sec. 72. EFFECTIVE DATE
   (a) Except as otherwise provided in this section, the sections of this act
shall take effect from passage. The sums appropriated and the spending
authority authorized by this act shall be continuing, and shall not revert at the
end of the fiscal year.
   (b) Sec. 45 (uniform act for out-of-state parolee supervision) shall take
effect as provided in Sec. 46 of this act.
  Reported favorably with recommendation of proposal of amendment by
Senator Sears for the Committee on Appropriations.



                                    - 1554 -
   The Committee recommends that the Senate propose to the House to amend
the bill as recommended by the Committee on Institutions, with the following
amendments thereto:
   First: In Sec. 3, by striking out the designation “(a)”, and by striking out
subsection (b) in its entirety, and by striking out the total appropriation
“$3,025,000” and inserting in lieu thereof the total appropriation $3,000,000
    Second: In Sec. 15, by striking out subsection (a) in its entirety, and by
striking out the designation “(b)”, and by striking out the total reallocation
“$62,970” and inserting in lieu thereof the total appropriation $37,970
  Third: By striking out Sec. 49 in its entirety and inserting in lieu thereof a
new Sec. 49 to read:
Sec. 49. BENNINGTON BATTLE MONUMENT; ILLUMINATION
   The commissioner of buildings and general services shall apply to the
Village of Old Bennington zoning board for all necessary permits to illuminate
the Bennington Battle Monument.
   Fourth: By inserting a new section to be numbered Sec. 52a to read as
follows:
Sec. 52a.    SHAFTSBURY ELEMENTARY SCHOOL; CONSTRUCTION
            AID AUTHORIZED
   Notwithstanding any other provisions of law, including, but not limited to,
16 V.S.A. § 3448(a)(5), requiring voter approval of the total estimated cost of
the project as a precondition to receipt of school construction aid, the
Shaftsbury School District may receive 25 percent construction aid for the
state’s total share of costs in connection with the Shaftsbury Elementary
School boiler project, which state share shall not exceed $16,000.00, if such
costs are otherwise deemed eligible by the commissioner of education under
state board rules. This school project shall be placed in order of priority for
receipt of construction aid after the final school districts on the list of school
districts submitted by the state board of education in January 2002.
   Fifth: by striking out Sec. 58 in its entirety.
  (For House amendments, see House Journal for April 30, 2002, page 1080;
May 1, 2002, page 1118.)
                                      H. 766.
   An act making appropriations for the support of government.
  Reported favorably with recommendation of proposal of amendment by
Senator Bartlett for the Committee on Appropriations.
                                      - 1555 -
   (For text of Appropriations report, see Senate Calendar Addendum)
   (Committee Vote: 6-0-1)
                                     H. 767.
   An act relating to executive branch fees.
  Reported favorably with recommendation of proposal of amendment by
Senator Welch for the Committee on Finance.
   The Committee recommends that the Senate propose to the House to amend
the bill as follows:
   First: By adding a new Sec. 2b to read as follows:
Sec. 2b. 21 V.S.A. § 252(d) is amended to read:
   (d) The commissioner shall make all practical efforts to process permits in
a prompt manner. The commissioner shall establish time limits for permit
processing as well as procedures and time periods within which to notify
applicants whether an application is complete. After the approval of the
construction plan by the commissioner, the costs of alterations to the structure,
due to any modification to the construction plan to accomplish the purposes of
this subchapter, shall be reimbursed to the applicant. The reimbursement by
the commissioner shall not exceed the fee amount paid by the applicant
pursuant to subsection (c) of this section. The commissioner shall report
annually by February 15 to the house and senate committees on general affairs
and government operations. The annual report shall assess the agency's
performance in meeting the limits; identify areas which hinder effective
agency performance; list fees collected for each permit; summarize changes
made by the agency to improve performance; describe staffing needs for the
coming year; and certify that the revenue from the fees collected is at least
equal to the costs associated with those positions.
    Second: In Sec. 11, 7 V.S.A. §231, in subdivision (4) by striking out
“$100.00” and inserting in lieu thereof $135.00, in subdivision (5), by striking
out “$50.00” and inserting in lieu thereof $60.00, and in subdivision (9) by
striking out “$100.00” and inserting in lieu thereof $135.00
   Third: In Sec. 25, 26 V.S.A. §1577(3), by striking out “$85.00” and
inserting in lieu thereof $80.00
   Fourth: By adding new Secs. 36a and 36b to read as follows:
Sec. 36a. 6 V.S.A. § 366(b) is amended to read:
   (b) Persons distributing fertilizer shall report annually by July 31 January 15
for the previous year ending June 30 December 31 to the commissioner
                                    - 1556 -
revealing the amounts of each grade of fertilizer and the form in which the
fertilizer was distributed within this state. Each report shall be accompanied
with payment and written permission allowing the commissioner to examine
the person's books for the purpose of verifying tonnage reports.
Sec. 36b. 6 V.S.A. § 648(c) is amended to read:
   (c) For those seeds sold in containers of more than ten pounds, a report shall
be filed semi-annually on August 1 and February 1 annually on January 15 on
forms supplied by the commissioner regarding sales during the previous
calendar year, and fees based on the 35 cent per hundredweight rate shall
accompany the report. Reporting periods are January 1-June 30 and July 1-
December 31.
   Fifth: By adding a new Sec. 40a. to read as follows:
Sec. 40a. 9 V.S.A. § 2643(d) is added to read:
   (d) No store shall operate a laser scanning or other computer-assisted
check-out system for commercial use without first obtaining a license from the
commissioner. Licenses shall be in accordance with the requirements of
subsections 2730(b)–(d) of this title.
   Sixth: In Sec. 43, 9 V.S.A. §2730(f), in subdivision (1) by striking out
“$14.00” and inserting in lieu thereof $15.00, and by adding a new subdivision
(12) to read as follows: (12) Laser scanner: $10.00
   Seventh: By adding a new Sec. 43a. to read as follows:
Sec. 43a. 9 V.S.A. §2730(g)(1) is amended to read:
       (1) Any person who operates a commercial scale or a laser scanning
device or other computer-assisted check out system for commercial use in a
facility having less than 2,000 square feet of floor space dedicated to the sale
of consumer commodities shall be exempt from the license fee provisions of
subdivision subdivisions (f)(3) and (12) of this section.
   Eighth: In Sec. 53 by striking out “$0.08” and inserting in lieu thereof
$0.01 and by striking out “$0.06” and inserting in lieu thereof one-half of one
cent
   Ninth: By adding a new Sec. 58a to read as follows:
Sec. 58a. 10 V.S.A. § 4259 is amended to read:
§ 4259. VERMONT RESIDENTS; ARMED FORCES
   Any resident of the state of Vermont who is serving in the armed forces of
the United States or is performing or under orders to perform any homeland
defense or state-side contingency operation, or both, for a period of 120
                                   - 1557 -
consecutive days or more, as certified by the Adjutant General for the Vermont
National Guard is eligible to obtain at no cost a hunting or fishing license or a
combination hunting and fishing license. This provision will apply only during
the period he or she is serving in the armed forces of the United States, or as
certified pursuant to this section.
   Tenth: By adding a new Sec. 62 to read as follows:
Sec. 62. Sec. 277 of No. 62 of the Acts of 1999 is amended to read:
Sec. 277. EFFECTIVE DATES
                                      ***
   (c) Sec. 272 shall be effective on passage, and the provisions in Sec. 272
providing a property transfer tax exemption shall be repealed on July 1, 2002
July 1, 2006.
   Eleventh: By adding a new Sec. 63 to read as follows:
Sec. 63. 32 V.S.A. § 9602(1) is amended to read:
      (1) with respect to the transfer of property to be used for the principal
residence of the transferee the tax shall be imposed at the rate of five-tenths of
one percent of the first $100,000.00 in value of the property transferred and at
the rate of one and one quarter percent of the value of the property transferred
in excess of $100,000.00, provided that no tax shall be imposed on the first
$100,000.00 $110,000.00 in value of the property if the purchaser obtains a
purchase money mortgage that the Vermont housing finance agency has
committed to make or purchase;
   (Committee Vote: 4-3-0)
   (For House amendments, see House Journal for April 25, 2002, page 1050.)
                     Report of Committee of Conference
                                     H. 646.
   An act relating to providing adjustments in the amounts appropriated for the
support of government.
   To the Senate and House of Representatives:
   The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House Bill entitled:
   H. 646. An act relating to providing adjustments in the amounts
appropriated for the support of government.


                                    - 1558 -
   Respectfully report that they have met and considered the same and
recommend that the bill be amended by striking out all after the enacting
clause and inserting in lieu thereof the following:
Sec. 1.    SHORT TITLE
  This Act shall be known as and shall be cited as the “Budget Adjustment
Act - Fiscal Year 2002”.
Sec. 2.    Sec. 14 of No. 63 of the Acts of 2001 is amended to read:
Sec. 14.   Buildings and general services - facilities operations
    Personal services                         5,799,014      5,799,014
    Operating expenses                        6,566,915      6,347,326
      Total                                  12,365,929     12,146,340
   Source of funds
    General fund                             10,260,631     10,041,042
    Transportation fund                       1,805,298      1,805,298
    Interdepartmental transfer                  300,000        300,000
      Total                                  12,365,929     12,146,340
                                        ***
   (b) The establishment of nine (9) new classified positions - one (1) BGS
Security Supervisor, and eight (8) BGS Security Worker - is authorized in
fiscal year 2002. These positions shall be transferred and converted from
existing vacant positions in the executive branch of state government. These
positions will be filled only when the commissioner determines that federal
funds are available to cover the cost of these positions.
Sec. 3.    Sec. 29 of No. 63 of the Acts of 2001 is amended to read:
Sec. 29.   Tax - administration/collection
    Personal services                         9,299,907     10,420,517
    Operating expenses                        2,331,700      2,411,090
      Total                                  11,631,607     12,831,607
   Source of funds
    General fund                             10,852,482     12,052,482
    Transportation fund                         258,427        258,427
    Special funds                               347,698        347,698
    Tobacco funds                                58,000         58,000
    Interdepartmental transfer                  115,000        115,000
      Total                                  11,631,607     12,831,607
                                     ***
Sec. 4.    Sec. 39 of No. 63 of the Acts of 2001 is amended to read:
                                   - 1559 -
Sec. 39.    VOSHA review board
    Personal services                            28,403          36,803
    Operating expenses                            4,020           4,020
     Total                                       32,423          40,823
   Source of funds
    General fund                                 15,000          19,200
    Federal funds                                17,423          21,623
     Total                                       32,423          40,823
Sec. 5.     Sec. 40 of No. 63 of the Acts of 2001 is amended to read:
Sec. 40.    Use tax reimbursement fund - municipal current use
    Grants                                     4,750,000    4,732,000
   Source of funds
    General fund                               2,311,600    2,311,600
    Transportation fund                        2,438,400    2,420,400
     Total                                     4,750,000    4,732,000
                                     ***
Sec. 6.     Sec. 44 of No. 63 of the Acts of 2001 is amended to read:
Sec. 44.    Sergeant at arms
    Personal services                           271,778       286,778
    Operating expenses                           48,000        48,000
     Total                                      319,778       334,778
   Source of funds
    General fund                                271,935       286,935
    Transportation fund                          47,843        47,843
     Total                                      319,778       334,778
                                     ***
Sec. 7.     Sec. 50 of No. 63 of the Acts of 2001 is amended to read:
Sec. 50.    Total general government          95,689,610   96,675,421
   Source of funds
    General fund                              41,157,308   42,156,919
    Transportation fund                       11,320,163   11,302,163
    Federal funds                              2,920,071    2,924,271
    Special funds                             18,247,711   18,247,711
    Enterprise funds                           1,851,148    1,872,148
    Expendable trust                             631,350      631,350
    Internal service funds                    17,953,063   17,953,063
    Tobacco funds                                 58,000       58,000
                                   - 1560 -
    Interdepartmental transfer                1,529,796    1,529,796
      Total                                  95,689,610   96,675,421
Sec. 8.    Sec. 54 of No. 63 of the Acts of 2001 is amended to read:
Sec. 54.   State's attorneys
    Personal services                         6,657,340    6,892,165
    Operating expenses                          863,583      883,008
    Grants                                      120,000      120,000
      Total                                   7,640,923    7,895,173
   Source of funds
    General fund                              5,381,074    5,635,324
    Transportation fund                         436,856      436,856
    Federal funds                               288,385      288,385
    Special funds                               107,071      107,071
    Interdepartmental transfer                1,427,537    1,427,537
      Total                                   7,640,923    7,895,173
                                   ***
Sec. 9.    Sec. 55 of No. 63 of the Acts of 2001 is amended to read:
Sec. 55.   Sheriffs
    Personal services                         2,137,669    2,381,643
    Operating expenses                          243,947      250,331
     Total                                    2,381,616    2,631,974
   Source of funds
    General fund                              1,713,195    1,963,553
    Transportation fund                         668,421      668,421
     Total                                    2,381,616    2,631,974
                                   ***
Sec. 10.   Sec. 57 of No. 63 of the Acts of 2001 is amended to read:
Sec. 57.   Defender general - assigned counsel
    Personal services                         2,241,438    2,404,638
    Operating expenses                           34,505       34,505
     Total                                    2,275,943    2,439,143
   Source of funds
    General fund                              2,015,937    2,179,137
    Transportation fund                         260,006      260,006
     Total                                    2,275,943    2,439,143
                                      ***

                                  - 1561 -
Sec. 11.    Sec. 62 of No. 63 of the Acts of 2001 is amended to read:
Sec. 62.    Military - building maintenance
    Personal services                              817,685       851,363
    Operating expenses                             412,953       649,653
     Total                                       1,230,638     1,501,016
   Source of funds
    General fund                                 1,195,638     1,466,016
    Special funds                                   35,000        35,000
     Total                                       1,230,638     1,501,016
Sec. 12.    Sec. 68 of No. 63 of the Acts of 2001 is amended to read:
Sec. 68.    Secretary of state
    Personal services                            2,396,258     2,419,208
    Operating expenses                             788,650       788,650
    Grants                                         106,037       106,037
      Total                                      3,290,945     3,313,895
   Source of funds
    General fund                                   504,676       527,626
    Federal funds                                   38,037        38,037
    Special funds                                2,680,232     2,680,232
    Interdepartmental transfer                      68,000        68,000
      Total                                      3,290,945     3,313,895
                                     ***
Sec. 13.    Sec. 95 of No. 63 of the Acts of 2001 is amended to read:
Sec. 95.    Total protection to persons
            and property                       156,366,946   157,328,082
   Source of funds
    General fund                                50,684,641    51,645,777
    Transportation fund                         30,253,168    30,253,168
    Federal funds                               27,379,787    27,379,787
    Special funds                               36,292,348    36,292,348
    Tobacco funds                                  599,000       599,000
    Enterprise funds                             3,598,014     3,598,014
    Interdepartmental transfer                   7,559,988     7,559,988
      Total                                    156,366,946   157,328,082
Sec. 14.    Sec. 103 of No. 63 of the Acts of 2001 is amended to read:
Sec. 103.   Corrections - corrections services
    Personal services                           47,644,756    47,744,756
                                    - 1562 -
    Operating expenses                        24,670,716    24,670,716
    Grants                                       467,000       467,000
     Total                                    72,782,472    72,882,472
   Source of funds
    General fund                              70,362,241    70,462,241
    Transportation fund                        1,402,578     1,402,578
    Federal funds                                551,156       551,156
    Special funds                                274,500       274,500
    Interdepartmental transfer                   191,997       191,997
     Total                                    72,782,472    72,882,472
                                     ***
   (d) To provide additional supervision for the correctional system
community population, the establishment of eight (8) new classified positions
– four (4) Correctional Service Specialist II, one of which shall be assigned to
the Bennington region, and four (4) Community Corrections Officer – is
authorized in fiscal year 2002. Of the positions redirected to field supervision
from the closure of the Woodstock regional correctional facility, six (6) shall
be Youthful Corrections Service Specialist consistent with Sec. 280b(a)(1) of
this act.
Sec. 15.    Sec. 123 of No. 63 of the Acts of 2001 is amended to read:
Sec. 123.   Prevention, assistance, transition, and health access - Medicaid
    Grants                                   444,656,748   441,620,247
   Source of funds
    General fund                              81,736,536    81,736,536
    Federal funds                            278,959,202   274,523,098
    Special funds                             66,711,010    68,110,613
    Tobacco funds                             17,250,000    17,250,000
     Total                                   444,656,748   441,620,247
                                      ***
Sec. 16. FISCAL YEAR 2002 ALLOCATION FOR PREVENTABLE
LOSS OF HOUSING
   (a) Notwithstanding the $400,000.00 limited allocation for preventable loss
of housing in Sec. 126 of No. 63 of the Acts of 2001, the commissioner of
prevention, assistance, transition, and health access shall continue to
reasonably provide benefits through June 30, 2002, up to a total expenditure of
$500,000.00.
Sec. 17.    Sec. 131 of No. 63 of the Acts of 2001 is amended to read:
Sec. 131.   Office of economic opportunity
                                  - 1563 -
    Personal services                            489,332      489,332
    Operating expenses                            86,924       86,924
    Grants                                     9,198,110   10,004,553
      Total                                    9,774,366   10,580,809
   Source of funds
    General fund                               1,004,950    1,004,950
    Federal funds                              4,349,207    4,828,059
    Special funds                              4,047,844    4,375,435
    Interdepartmental transfer                   372,365      372,365
      Total                                    9,774,366   10,580,809
                                    ***
Sec. 18.    Sec. 139 of No. 63 of the Acts of 2001 is amended to read:
Sec. 139.   Developmental and mental health services - central office
    Personal services                          2,159,254    2,039,254
    Operating expenses                           612,550      612,550
     Total                                     2,771,804    2,651,804
   Source of funds
    General fund                               1,294,268    1,294,268
    Federal funds                              1,477,536    1,357,536
     Total                                     2,771,804    2,651,804
                                    ***
Sec. 19.    Sec. 140 of No. 63 of the Acts of 2001 is amended to read:
Sec. 140.   Developmental and mental health services - community mental
            health
    Personal services                          2,168,668    2,168,668
    Operating expenses                           338,170      338,170
    Grants                                    70,100,675   69,973,675
     Total                                    72,607,513   72,480,513
   Source of funds
    General fund                              23,354,507   23,479,507
    Federal funds                             42,063,814   41,811,814
    Special funds                              5,290,820    5,290,820
    Interdepartmental transfer                 1,898,372    1,898,372
     Total                                    72,607,513   72,480,513
                                    ***
Sec. 20.    Sec. 141 of No. 63 of the Acts of 2001 is amended to read:
Sec. 141.   Developmental and mental health services – developmental
                                   - 1564 -
            services
    Personal services                          2,811,280    2,811,280
    Operating expenses                           416,522      416,522
    Grants                                    77,704,841   76,989,841
     Total                                    80,932,643   80,217,643
   Source of funds
    General fund                              30,437,405   30,577,405
    Federal funds                             49,422,432   48,567,432
    Special funds                                579,506      579,506
    Interdepartmental transfer                   493,300      493,300
     Total                                    80,932,643   80,217,643
                                    ***
Sec. 21.    Sec. 153 of No. 63 of the Acts of 2001 is amended to read:
Sec. 153.   Total human services          1,054,416,690     1,051,324,632
   Source of funds
    General fund                            330,713,854       331,078,854
    Transportation fund                       1,999,578         1,999,578
    Federal funds                           585,722,764       580,538,512
    Special funds                           104,911,714       106,638,908
    Tobacco fund                             22,625,000        22,625,000
    Internal service funds                    1,878,558         1,878,558
    Interdepartmental transfer                6,557,222         6,557,222
    Expendable trust                              8,000             8,000
      Total                               1,054,416,690     1,051,324,632
Sec. 22.    Sec. 160 of No. 63 of the Acts of 2001 is amended to read:
Sec. 160.   Education - Act 117 Cost Containment
                                    ***
   (a) Notwithstanding any provisions to the contrary, expenditures made
from the $1,091,000.00 in federal funds for this initiative shall be counted as
part of the state's 60 percent share of funding under 16 V.S.A. § 2967.
Sec. 23.    Sec. 163g of No. 63 of the Acts of 2001 is amended to read:
Sec. 163g. PREBATE APPROPRIATION
   (a) There is appropriated from the education fund to the department of taxes
for fiscal year 2002 the amount of $1,700,000.00 $800,000.00 for information
system changes and programming required for the administration of §§ 163a,
163b, 163c, 163d, 163e, and 163f of this act. This appropriation from the

                                   - 1565 -
education fund shall be deemed to be in accord with the provisions of 16
V.S.A. § 4025, limiting uses and purposes of education fund expenditures.
Sec. 24.    Sec. 170 of No. 63 of the Acts of 2001 is amended to read:
Sec. 170.   EDUCATION - EDUCATION GRANTS
   (a) There is appropriated from the education fund for fiscal year 2002 to the
department of education $594,300,000.00 $594,474,446.00 for education
grants to school districts. The general state support grants under 16 V.S.A. §
4011, the standard mainstream block grant under 16 V.S.A. § 2961, and the
essential early education grant under 16 V.S.A. § 2948(c) shall be included in
this amount. Also included in this amount are funds to the department of
education for fiscal year years 2001 and 2002 data corrections to education
grants to school districts under 16 V.S.A. § 4030 and for a National Teacher of
the Year Grant to Middlebury Union High School and a grant in the amount of
$5,000.00 to the Rutland High School to defer costs incurred in the school
band's participation in the presidential inauguration of 2001.
Sec. 25.    Sec. 176 of No. 63 of the Acts of 2001 is amended to read:
Sec. 176.   TAX DEPARTMENT - REAPPRAISAL AND LISTING
            PAYMENTS
   (a) The amount of $2,320,000.00 $2,239,769.00 in education funds is
appropriated in fiscal year 2002 to implement 32 V.S.A. § 4041(a), relating to
payments to municipalities for reappraisal costs and 32 V.S.A. § 5405(f),
relating to payments of $1.00 per grand list parcel.
Sec. 26.    Sec. 178 of No. 63 of the Acts of 2001 is amended to read:
Sec. 178.   Total general education and
            property tax support        1,213,079,831        1,212,274,044
   Source of funds
    General fund                             287,103,431       286,103,429
    Transportation fund                        4,670,941         4,670,941
    Education fund                           815,094,502       814,288,717
    Federal funds                             95,226,768        95,226,768
    Special funds                             10,005,925        10,005,925
    Tobacco fund                                 925,000           925,000
    Interdepartmental transfer                 1,053,264         1,053,264
      Total                                1,213,079,831     1,212,274,044
Sec. 27.    Sec. 187 of No. 63 of the Acts of 2001 is amended to read:
Sec. 187    Total higher education
              and other                         73,154,716   73,194,316
                                     - 1566 -
   Source of funds
    General fund                            73,154,716     73,194,316
Sec. 28.    Sec. 217 of No. 63 of the Acts of 2001 is amended to read:
Sec. 217.   Commerce and community development - agency of commerce
            and community development - administration and management
            planning
    Personal services                        1,067,570      1,067,570
    Operating expenses                         344,628        376,622
      Total                                  1,412,198      1,444,192
   Source of funds
    General fund                             1,346,539      1,378,533
    Interdepartmental transfer                  65,659         65,659
      Total                                  1,412,198      1,444,192
                                    ***
Sec. 29.    Sec. 218 of No. 63 of the Acts of 2001 is amended to read:
Sec. 218.   Housing and community affairs
    Personal services                        2,138,502      2,138,502
    Operating expenses                         319,896        319,896
    Grants                                   7,768,085      7,668,085
     Total                                  10,226,483     10,126,483
   Source of funds
    General fund                             1,408,692      1,408,692
    Federal funds                            4,554,475      4,554,475
    Special funds                            4,263,316      4,163,316
     Total                                  10,226,483     10,126,483
Sec. 30.    Sec. 224 of No. 63 of the Acts of 2001 is amended to read:
Sec. 224.   Tourism and marketing
    Personal services                        2,993,470      3,193,470
    Operating expenses                       1,286,244      1,286,244
    Grants                                     807,284        807,284
      Total                                  5,086,998      5,286,998
   Source of funds
    General fund                             4,851,564      4,851,564
    Interdepartmental transfer                 235,434        435,434
      Total                                  5,086,998      5,286,998
                                    ***
Sec. 31.    Sec. 232 of No. 63 of the Acts of 2001 is amended to read:
                                    - 1567 -
Sec. 232.   Total commerce and community
            development                  55,181,539         55,313,533
   Source of funds
    General fund                               12,582,452   12,614,446
    Federal funds                              24,732,688   24,732,688
    Special funds                              16,540,306   16,440,306
    Interdepartmental transfer                    501,093      701,093
    Enterprise funds                              825,000      825,000
      Total                                    55,181,539   55,313,533
Sec. 32.    Sec. 261 of No. 63 of the Acts of 2001 is amended to read:
Sec. 261.   FISCAL YEAR 2002 GENERAL FUND TRANSFER
   (a) The amount of $15,750,000.00 $13,850,000.00 is transferred from the
general fund to the transportation fund and this amount of transportation fund
appropriations shall not be included in the calculation of the transportation
fund budget stabilization reserve requirement for the fiscal year 2002 or 2003
under 32 V.S.A. § 308a(b), nor in the calculation of allowable transportation
fund appropriations for fiscal year 2002 or 2003 under Sec. 41x of No. 18 of
the Acts of 1999, as amended by Sec. 38 of No. 156 of the Acts of 2000, nor in
the calculation of the transfer requirements for the fiscal year 2002 or 2003 of
the transportation equipment replacement account of the central garage fund
under 19 V.S.A. § 13(c).
    (b) The amount of $6,500,000.00 $5,600,000.00 is transferred from the
general fund to the education fund in fiscal year 2002 for a one-time increase
to the general state support grant.
Sec. 33.    Sec. 261b of No. 63 of the Acts of 2001 is amended to read:
Sec. 261b. GENERAL FUND FISCAL YEAR 2002 ONE-TIME
           APPROPRIATIONS
   (a) The following amounts are appropriated from the general fund to the
referenced departments in fiscal year 2002. Said departments shall present an
expenditure plan to the secretary of administration.
    (1) To the department of agriculture, food and markets for the Lake
Champlain conservation reserve enhancement program;  600,000 600,000
      (2) To the department of agriculture, food and markets for a competitive
grants program for state fair capital projects;           180,000     60,000
      (3) To the department of agriculture, food and markets for the Vermont
farm labor service cooperative to support activities of the cooperative;
                                                              75,000     25,000
                                    - 1568 -
       (4) To the department of agriculture, food and markets for farm youth
initiative;                                               35,000      35,000
      (5) To the department of agriculture, food and markets to develop a
livestock industry development program as a temporary, one-year catalyst to
achieve the goals of maintaining and improving the in-state capacity for
commercial processing of Vermont-raised livestock, and supporting the
development of strategies that address the long term infrastructure, training and
technical assistance needs of the livestock industry by providing grants to
producers, slaughterhouse operators, and processors for business planning, and
to address critical infrastructure needs. These funds may be matched with any
available federal funds;                                     200,000           0
      (6) To the department of agriculture, food and markets for a grant to
establish an organization of Vermont holiday tree growers to promote
Vermont holiday trees and better coordinate the activities of various tree
growing associations;                                   30,000     30,000
       (7) To the department of agriculture, food and markets to establish a
cattle health and quality assurance program that emphasizes education, testing,
and control of Johne's disease;                            256,600     85,533
      (8) To the department of agriculture, food and markets for costs of the
"two-plus-two" agriculture bachelor's degree program at Vermont technical
college and the University of Vermont;                   134,800 134,800
      (9) To the department of health for a grant to the Burlington health
center to aid transition to cost-based reimbursement;   100,000    33,333
       (10) To the department of PATH for Medicaid expenses. It is anticipated
that these funds will not be needed in fiscal year 2003 as a result of pharmacy
cost control measures. In addition to these state funds, $630,000 federal funds
are appropriated;                                           370,000          0
     (11) To the agency of human services for a grant to the Lamoille County
People in Partnership for wrap-around services;            300,000 100,000
      (12) To the agency of human services central office for a grant to
Prevent Child Abuse - Vermont for a comprehensive health education and
violence prevention curriculum for seventh and eighth grade students;
                                                           60,000     0
     (13) To the agency of human services for a grant to the Rutland Area
Prevention Coalition;                                  45,000          0
      (14) To the agency of human services central office to be used to provide
a grant to the Project Against Violent Encounters for a statewide pilot project
to prevent substance abuse and a youth mentoring program; 35,000        35,000
                                   - 1569 -
       (15) To the department of health to support a contact to carry out the
purposes of Sec. 123c of this act relating to federally-qualified health centers.
The department of health shall report to the general assembly on or before Jan
1, 2002 identifying the funds necessary to carry out the purpose of this section
in fiscal year 2003;                                         160,000     53,333
      (16) To the department of developmental and mental health services to
provide funding for the self-determination program. The department and the
program providers shall work collaboratively to seek other grant funding.
Should grant funding become available to support the self-determination
program in fiscal year 2002, the funds appropriated in this section shall not be
expended, but shall revert to the general fund. In addition to these state funds,
$150,000 federal funds are appropriated;                     150,000     50,000
      (17) To the department of fish and wildlife to provide scholarships to the
green mountain conservation camps at Buck Lake and Lake Bomoseen;
                                                            1,500        1,500
       (18) To the department of buildings and general services for technical
assistance for the dry hydrant program;                   30,000      30,000
      (19) To the secretary of administration for the Lake Champlain basin
science center;                                          100,000   33,333
      (20) To the department of fish and wildlife to provide nonmotorized boat
access;                                                     50,000     16,667
      (21) To the agency of natural resources, department of forests, parks and
recreation for state park maintenance and to the department of fish and wildlife
for facility improvements;                                  1,000,000 333,333
     (22) To the department of buildings and general services to reimburse
the BFA Fairfax school district for expenses incurred in fitting up an
emergency shelter included in previous school renovations; 53,100   53,100
      (23) To the department of buildings and general services to purchase and
transfer land and a conservation easement at Chimney Corners in Colchester;
                                                           320,000 320,000
       (24) To the Town of Peru for the town green project. This appropriation
shall be matched on a one-for-one basis by the town;       70,000     70,000
      (25) To the department of buildings and general services for a grant to
the Brattleboro arts initiative for the Latchis theatre project; 300,000 100,000
    (26) To the Vermont council on the arts for a pass-through grant to the
Vermont Philharmonic;                                   17,000     17,000

                                    - 1570 -
      (27) To the department of aging and disabilities for the Castleton area
senior citizens organization for the costs of complying with requirements
imposed by the agency of natural resources;               30,000      30,000
     (28) To the department of environmental conservation for watershed and
stormwater-related initiatives;                         300,000 100,000
      (29) To the defender general to establish three serious felony units;
                                                             245,000      81,667
      (30) To the department of employment and training for deposit into the
workforce training fund. Of this appropriation, up to $330,000 $111,000 shall
be transferred to the agency of commerce and community development for use
by the Vermont training program;                           1,000,000 333,333
      (31) To the department of education for a grant to the Vermont Center
For the Book for early reading initiatives;               50,000    16,667
     (32) To the department of education for support of debate and forensic
speaking programs;                                      17,000      10,000
      (33) To the department of education to support strategies to recruit
teachers into the profession, including print materials and internet recruitment
service that attract the best students and mid-career professionals to education
careers in Vermont schools;                                  45,000      45,000
      (34) To the department of education for the purpose of providing
services to children who stutter. The commissioner shall establish a program
whereby school principals can apply for funds. The intent is for these funds to
be used in individual group and family therapy settings, including programs
outside the school;                                        75,000            0
       (35) To the department of public safety for the purpose of transferring
responsibility for conducting presale firearm checks pursuant to the Brady Act
from Vermont to the National Instant Check System (NICS). The department
of public safety shall automate all one-time felony conviction records which
are stored at the Vermont crime information center in manual form and transfer
these records to NICS for inclusion in the disqualified person files maintained
by the NICS. As of February 1, 2002, the responsibility for these checks shall
become the sole responsibility of NICS which eliminates all Vermont points of
contact and Vermont law enforcement personnel, funding or equipment from
being used to perform presale firearm checks. The commissioner shall report to
the joint fiscal committee in November 2001 on the progress of said record
automation and transfer;                                    300,000 300,000
    (36) To the department of public safety for a new statewide
communication system. The department shall utilize federal funds as available
                                    - 1571 -
to supplement state resources to establish the new public safety communication
system;                                               2,100,000 1,500,000
    (37) To the department of economic development for a grant to the
Vermont enterprise initiative;                     75,000     25,000
      (38) To the department of forests, parks and recreation to be granted to
the Green Mountain Senior Games;                           5,000        5,000
     (39) To the department of housing and community affairs for downtown
redevelopment;                                         1,000,000 333,333
     (40) To the department of housing and community affairs to provide a
match for FEMA funds for the NRCS watershed;         230,000 230,000
       (41) To the agency of commerce and community development, historic
sites operations to provide match for a historic sites coordinator position;
                                                              20,000       20,000
      (42) To the secretary of administration to serve as an additional state
contribution to a fund for the construction of a memorial to World War II
veterans;                                                 23,781     23,781
     (43) To the office of economic opportunity for the following
homelessness projects: Rutland Housing Coalition, the Addison County
Community Action Group and the project providing transitional service in St.
Albans;                                                 134,000     88,000
      (44) To the office of economic opportunity for a one-year grant program
to support community-based individual development account savings programs
for the purchase or improvement of a home, for postsecondary education, and
for entrepreneurial activities. The grantees shall operate the programs in a
manner consistent with 33 V.S.A. § 1123 and Sec. 252(a)(35) of No. 152 of the
Acts of 2000;                                              125,000     65,000
     (45) To the Vermont historical society for grants for the veterans' day
parade and memorial service to be held in Essex;         15,000      15,000
     (46) To the state's attorney for a grant to provide bridge funding for the
domestic violence prosecutor and victim advocate for Caledonia, Essex and
Orleans counties;                                           27,000     27,000
     (47) To the department of taxes for purchase of a scanner, equipment
upgrades and more detailed digital orthophotography for urban areas;
                                                           400,000 400,000
      (48) To the Vermont department of tourism and marketing for
advertising and promotional activities;          1,250,000 760,000

                                    - 1572 -
      (49) To the Vermont housing and conservation trust fund for low income
housing needs. Of this amount, $500,000 $166,000 shall be used for
emergency housing consistent with priorities in Sec. 221(a) of No. 152 of the
Acts of 2000, and $300,000 $100,000 for the home access project to be used in
a manner consistent with Vermont housing and conservation fund guidelines;
                                                          1,750,000 583,333
      (50) To the Vermont state colleges for interactive television equipment;
                                                             178,000     59,333
       (51) To the Vermont state colleges to develop and interactive television
site in the town of Hartford;                              250,000           0
     (52) To the department of buildings and general services for a grant to
Vermont public television to continue the conversion to a statewide digital
broadcast system;                                       500,000 500,000
      (53) To the department of education for the Bennington School District
to be used to support expenses associated with the Catamount Elementary
School trip to the John F. Kennedy Center for Performing Arts in Washington,
D.C. where they will be recognized as a Creative Ticket National School of
Distinction for the 2001-2002 school year. This award recognizes schools that
have done an outstanding job of implementing an arts-centered approach to
learning;                                                             7,500
Sec. 34.    GENERAL FUND FISCAL YEAR 2002 CONTINGENT ONE-
            TIME APPROPRIATIONS
   (a) Sec. 261c of No. 63 of the Acts of 2001 is hereby repealed.
Sec. 35.    Sec. 263 of No. 63 of the Acts of 2001 is amended to read:
Sec. 263.   TRANSPORTATION FUND TRANSFER
   (a) The amount of $800,000.00 $700,000.00 is transferred from the
transportation fund to the downtown transportation and related capital
improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont
downtown development board for the purposes of the fund.
Sec. 36.    Sec. 280b(b)(2) of No. 63 of the Acts of 2001 is amended to read:
   (2) The amount of $225,000.00 general funds, in fiscal year 2001 and
$255,000.00 federal funds, in fiscal year 2002, for the establishment of a 8 to
10-bed, staff-secure residential substance abuse facility for young women in
the custody of the department of social and rehabilitation services who have a
history of resisting treatment, multiple diagnoses, running away and
noncompliant behavior. Placement decisions will give preference to 15, 16
and 17 year olds to the department of social and rehabilitation services to
                                    - 1573 -
enhance the department’s ability to respond to issues of substance abuse for
children in custody. These funds may be used for staff training on substance
abuse services, facilities improvements, and specialized placements for boys or
girls with intensive substance abuse addictions.
Sec. 37.    REPEAL
   (a) Sec. 280b(b)(3) of No. 63 of the Acts of 2001 (fiscal year 2002
appropriation to the department of social and rehabilitation services for youth
services) is repealed.
Sec. 38.    Sec. 280d(c) of No. 63 of the Acts of 2001 is amended to read:
   (c) There is appropriated from the general fund in fiscal year 2002 to the
Judiciary the amount of $82,000.00 $27,333.00 as a one-time appropriation for
the purposes of this section.
Sec. 39.    REPEAL
   (a) Sec. 264b of No. 63 of the Acts of 2001 (fiscal year 2002 traffic calming
program) is repealed.
Sec. 40.    TOWN OF SHOREHAM NONPOINT SOURCE PHOSPHORUS
            CONTROL PLAN
   (a) The amount of $15,000.00 in general funds is hereby appropriated to the
department of environmental conservation to reimburse the town of Shoreham
for legal representation in litigation associated with the town's nonpoint source
phosphorus control plan.
Sec. 41.    FUND TRANSFERS
   (a) Notwithstanding any other provisions of law, in fiscal year 2002:
      (1) The following amounts shall be transferred to the general fund from
the accounts indicated:
      Name of fund, revenue account, program
        or project/grant field                                  Amount
    Bond proceeds interest earnings                            740,000 (approx)
    VEDA note repayments                                       167,057 (approx)
    Abandoned Property Fund                                  1,013,000 (approx)
    Amortization of W. R. Grace                                  19,230
    Liquor control                                             250,644 (approx)
    Cash Management Improvement Fund                              9,400
    Caledonia Fair                                                5,000
                                    - 1574 -
    Wards of the State - Special Education                       9,118
    Wards of the State - non-Special Education                   5,984
    Campaign Finance Fund                                     793,483
    Pesticide Monitoring Fund                                 300,000
    Attorney General Fee Reimbursement Fund                   500,000
    Attorney General Tobacco Settlement Fund                  200,000
    Petroleum Cleanup Fund                                  1,776,000
    Solid Waste Management Assistance Fund                    400,000
    Act 250 Permit Fund                                       100,000
    Home Weatherization Fund                                  200,000
    Vermont Health Access Trust Fund                        2,000,000
    Surplus Property Funds (throughout state government)     150,000 (approx)
    Medical Assistance Federal Revenue Fund                 1,750,000
    Copy Center Internal Service Fund                       1,085,000
    Postal Center Internal Service Fund                       165,000
       (2) All or a portion of the unencumbered balances in the insurance
regulatory and supervision fund (Fund Number 21075), the captive insurance
regulatory and supervision fund (Fund Number 21085), and the securities
regulatory and supervision fund (Fund Number 21080), expected to be
approximately $3,462,000.00, shall be transferred to the general fund, provided
on or before June 15, 2002, the commissioner of banking, insurance, securities,
and health care administration certifies to the joint fiscal committee that the
transfer of such balances, or any smaller portion deemed proper by the
commissioner, will not impair the ability of the department in fiscal year 2003
to provide thorough, competent, fair, and effective regulatory services, or
maintain accreditation by the National Association of Insurance
Commissioners; and that the joint fiscal committee does not reject such
certification.
      (3) The following amounts shall be transferred to the transportation fund
from the account indicated:
   Name of fund, revenue account, program
   or project/grant field                                     Amount
    Central Garage Fund                                       336,447
Sec. 42.   REVERSIONS
                                   - 1575 -
   (a) Notwithstanding any other provisions of law, in fiscal year 2002 the
following amounts shall revert to the General Fund from the accounts
indicated:
   Dept ID                   Name                                Amount
1140050000     Tax - Homestead property tax
               assistance (circuit breaker/renter rebate
               income sensitivity adjustments)                   863,357
   Other reversions                                           100,000 (approx)
   From the amounts appropriated to the secretary of administration for
transfer to the referenced departments in Sec. 87a of No. 1 of the Acts of 1999:
    (N) Department of education – management information
system                                                            29,132
    (T) Department of PATH – special education / Medicaid 231,590
   From the amounts appropriated to the secretary of administration for
transfer to the referenced departments in Sec. 46(a) of No. 66 of the Acts of
2000:
      (3) Department of personnel – file server                     504
      (4) Legislature – committee on public health care values       36
   From the amounts appropriated to the secretary of administration for
transfer to the referenced departments in Sec. 252(a) of No. 152 of the Acts of
2000:
     (31) Department of education – grant to CVU;
holocaust education                                                2,462
   (b) Notwithstanding any other provisions of law, in fiscal year 2002 the
following amounts shall revert to the Transportation Fund from the accounts
indicated:
   Dept ID     Name                                              Amount
8100001700     Rest Areas                                        200,000
1140050000     Tax - Homestead property tax assistance
               (circuit breaker/renter rebate income
               sensitivity adjustments)                          670,505
613009000 Forest Highway Road Account                             78,000




                                    - 1576 -
   (c) Notwithstanding any other provisions of law, in fiscal year 2002 the
following amounts shall revert to the Education Fund from the accounts
indicated:
   Dept ID     Name                                              Amount
1140050000     Tax - Homestead property tax
               assistance (income sensitivity adjustments)
                                                               6,641,878
Sec. 43.     SECRETARY OF ADMINISTRATION; CARRY FORWARD
             AUTHORITY
   (a) Notwithstanding any other provisions of law and subject to the approval
of the secretary of administration, general, transportation and education fund
appropriations, and fish and wildlife fund appropriations for land acquisition,
remaining unexpended as of June 30, 2002 shall be carried forward and shall
be reserved for expenditure.
Sec. 44.     PROPERTY TRANSFER TAX; GENERAL FUND
   (a) Notwithstanding 32 V.S.A. § 9610(c), 24 V.S.A. § 4306(a) and 10
V.S.A. § 312, all property transfer tax returns collected in fiscal year 2002 in
excess of $22,400,000.00 shall be deposited in the general fund.
Sec. 45.     Sec. 156(d) of No. 152 of the Acts of 2000 is amended to read:
   (d) In addition to deposits in the Medicaid Reimbursement Administrative
Special Fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2001
$876,000.00 and in fiscal year 2002 $890,950.00 $1,091,000.00 of federal
Medicaid receipts received for reimbursement of medically-related services
provided to students who are Medicaid eligible shall be deposited in the
administrative special fund.
Sec. 46.     16 V.S.A. § 4026(e) is amended to read:
   (e) The enactment of this chapter and other provisions of the Equal
Educational Opportunity Act of which it is a part have been premised upon
estimates of balances of revenues to be raised and expenditures to be made
under the act for such purposes as general state support grants for education,
categorical state support grants, provisions for property tax income sensitivity,
payments in lieu of taxes, current use value appraisals, tax stabilization
agreements, the stabilization reserve established by this section and for other
purposes. If the stabilization reserve established under this section should in
any fiscal year be less than 3.5 percent of the prior fiscal year's appropriations
from the education fund established by section 4025 of this title, as defined in
subsection (b) of this section, the joint fiscal committee, in consultation with
the joint legislative oversight committee on educational restructuring, shall
                                     - 1577 -
provide the general assembly its recommendations for change necessary to
restore the stabilization reserve to the statutory level provided in subsection (b)
of this section.
Sec. 47.    SCHOOL CONSTRUCTION
   (a) Notwithstanding 16 V.S.A. § 3448(a)(8)(B), construction costs eligible
for state aid may also include expenditures of federal funds for the School
Renovation, IDEA, and Technology Grants, number 84.352A in the Catalogue
of Federal Domestic Assistance.
Sec. 48.    EFFECTIVE DATE
   This act shall take effect from passage.
    And by renumbering all of the sections of the bill to be numerically correct
(including internal references) and adjusting all of the totals to be
arithmetically correct
                                                   Susan J. Bartlett
                                                   James P. Leddy
                                                   Richard W. Sears, Jr.
                                               Committee on the part of the Senate
                                                   Richard A. Westman
                                                   Frank M. Mazur
                                                   Martha P. Heath
                                               Committee on the part of the House
                              ORDERED TO LIE
                                     S. 280.
   An act relating to transferring revenue from civil penalties for traffic
violations to the criminal justice training council.
   PENDING ACTION: Second reading of the bill.
                                       H. 647.
   An act relating to repealing the law that allows a minority of the citizens of
a municipality to require that a municipal bylaw may be only amended upon
obtaining a two-thirds vote in favor of the amendment.
   PENDING ACTION: Second reading of the bill.
                               CONFIRMATIONS
  The following appointments will be considered by the Senate, as a group,
under suspension of the Rules, as moved by the President pro tempore, for
                                     - 1578 -
confirmation together and without debate, by consent thereby given by the
Senate. However, upon request of any senator, any appointment may be
singled out and acted upon separately by the Senate, with consideration given
to the report of the Committee to which the appointment was referred, and
with full debate; and further, all appointments for the positions of Secretaries
of Agencies, Commissioners of Departments, Judges, Magistrates, and
members of the Public Service Board shall be fully and separately acted upon.
   Michael R. Audet of Orwell – Member of the Vermont State Colleges
Board of Trustees – By Senator Ankeney for the Committee on Education.
(2/7)
  Peter C. Brownell of Richmond – Member of the Vermont State Colleges
Board of Trustees – By Senator Corrow for the Committee on Education. (2/7)
  Aly Richards of Wells River – Member of the State Board of Education –
By Senator McCormack for the Committee on Education. (2/13)
   Matthew F. Valerio of Proctor – Defender General – By Senator Bloomer
for the Committee on Judiciary. (3/12)
   Michael D. Flaherty of South Burlington – Member of the Vermont
Transportation Authority – By Senator Shumlin for the Committee on
Transportation. (3/15)
  Ronald F. Kilburn of Swanton – Member of the Vermont Transportation
Authority – By Senator Ide for the Committee on Transportation. (3/15)
   Kelly W. Boe of Middlebury – Member of the Solid Waste and Air quality
Variance Board – By Senator Gossens for the Committee on Natural Resources
and Energy. (3/19)
  Jean Richardson of Ferrisburg – Member of the Environmental Board – By
Senator Gossens for the Committee on Natural Resources and Energy. (3/19)
   Patricia Smith of Sudbury – Member of the Current Use Advisory Board –
By Senator Gossens for the Committee on Natural Resources and Energy.
(3/19)
  Christopher Recchia of Randolph – Commissioner of the Department of
Environmental Conservation – By Senator McCormack for the Committee on
Natural Resources and Energy. (3/19)
  Bonnie Johnson-Aten of Montpelier – Member of the State Board of
Education – By Senator Ankeney for the Committee on Education. (3/21)
  Jill Broderick of East Burke – Alternate member of the Environmental
Board – By Senator Canns for the Committee on Natural Resources and
Energy. (4/4)
                                - 1579 -
   Richard T. Cassidy of South Burlington – Member of the Solid Waste and
Air Quality Variance Board – By Senator Lyons for the Committee on Natural
Resources and Energy. (4/4)
   Robert Darrow of Mendon – Member of the Current Use Advisory Board –
By Senator Snelling for the Committee on Natural Resources and Energy.
(4/4)
   Robert Darrow of Mendon – Member of the Current Use Advisory Board –
By Senator Snelling for the Committee on Natural Resources and Energy.
(4/4)
  Tom Frazier of Roxbury – Member of the Current Use Advisory Board –
By Senator Scott for the Committee on Natural Resources and Energy. (4/4)
  Harold J. Howrigan, Jr. of Sheldon – Member of the Current Use Advisory
Board – By Senator Canns for the Committee on Natural Resources and
Energy. (4/4)
   Nina Huffer of Chester – Member of the Current Use Advisory Board – By
Senator McCormack for the Committee on Natural Resources and Energy.
(4/4)
   Nina Huffer of Chester – Member of the Current Use Advisory Board – By
Senator McCormack for the Committee on Natural Resources and Energy.
(4/4)
  John McClain of Randolph – Member of the Current Use Advisory Board –
By Senator Lyons for the Committee on Natural Resources and Energy. (4/4)
  John McClain of Randolph – Member of the Current Use Advisory Board –
By Senator Lyons for the Committee on Natural Resources and Energy. (4/4)
  Gary Moore of Bradford – Member of the Connecticut River Valley Flood
Control Commission – By Senator Canns for the Committee on Natural
Resources and Energy. (4/4)
   Timothy J. Morrissey of Morrisville – Member of the Current Use Advisory
Board – By Senator Scott for the Committee on Natural Resources and Energy.
(4/4)
  Eva Morse of Calais – Member of the Current Use Advisory Board – By
Senator Scott for the Committee on Natural Resources and Energy. (4/4)
  Jan E. Peterson of Essex Junction – Member of the Vermont Citizens’
Advisory Council on Lake Champlain’s Future – By Senator Lyons for the
Committee on Natural Resources and Energy. (4/4)


                                 - 1580 -
   Laura C. Simmers of South Burlington – Member of the Solid Waste and
Air Quality Variance Board – By Senator Snelling for the Committee on
Natural Resources and Energy. (4/4)
   Richard Geisel of Newport – Member of the Children and Family Council
for Prevention Programs – By Senator Chard for the Committee on Health and
Welfare. (4/5)
  Norma McShane of Bennington – Member of the Children and Family
Council for Prevention Programs – By Senator Chard for the Committee on
Health and Welfare. (4/5)
  Hilton H. Dier, Jr. of Middlebury – Member of the Human Services Board –
By Senator Chard for the committee on Health and Welfare. (4/5)
   Linda Johnson of Cabot – Member of the Children and Family Council for
Prevention Programs – By Senator Doyle for the Committee on Health and
Welfare. (4/5)
   Kreig Pinkham of Northfield – Member of the Children and Family Council
for Prevention Programs – By Senator Doyle for the Committee on Health and
Welfare. (4/5)
   Richard Smith of Montpelier – Member of the Children and Family Council
for Prevention Programs – By Senator Doyle for the Committee on Health and
Welfare. (4/5)
   Paul Winauski of Waterbury – Member of the Children and Family Council
for Prevention Programs – By Senator Doyle for the Committee on Health and
Welfare. (4/5)
   Robert C. Gaydos of Barre – Member of the Public Oversight Commission
– By Senator Doyle for the Committee on Health and Welfare. (4/5)
   Glenn Gershaneck of Montpelier – Member of the Public Oversight
Commission – By Senator Doyle for the Committee on Health and Welfare.
(4/5)
   Gregory J. MacDonald of Berlin – Member of the Vermont Tobacco
Evaluation Review Board – By Senator Doyle for the Committee on Health
and Welfare. (4/5)
   Martha Ide, R.N. of Peacham – Member of the Vermont Tobacco
Evaluation & Review Board – By Senator Kittell for the Committee on Health
and Welfare. (4/5)
  Phyllis M. Soule of Fairfax – Member of the Human Services Board – By
Senator Kittell for the Committee on Health and Welfare. (4/5)

                                 - 1581 -
  Michael T. McAdoo of Williston – Member of the Children and Family
Council for Prevention Programs – By Senator Lyons for the Committee on
Health and Welfare. (4/5)
  Brian S. Flynn of Shelburne – Member of the Vermont Tobacco Evaluation
& Review Board – By Senator Lyons for the Committee on Health and
Welfare. (4/5)
   Donald L. Hamlin of Essex Junction – Member of the State Board of Health
– By Senator Lyons for the Committee on Health and Welfare. (4/5)
  H. Charles Hill II of South Hero – Member of the State Board of Health –
By Senator Lyons for the Committee on Health and Welfare. (4/5)
  John E. Mazuzan of Burlington – Member of the State Board of Health –
By Senator Lyons for the Committee on Health and Welfare. (4/5)
  Anthony Williams of Burlington – Member of the State Board of Health –
By Senator Lyons for the Committee on Health and Welfare. (4/5)
   Virginia de G Russell of Brandon – Member of the Human Services Board
– By Senator Campbell for the Committee on Health and Welfare. (4/5)
  Elizabeth R. Dycus of Strafford – Member of the State Board of Health –
By Senator Campbell for the Committee on Health and Welfare. (4/5)
  Byron Hathorn of Fairlee – Member of the Vermont Transportation
Authority – By Senator Ide for the Committee on Transportation. (4/12)
  Sally Cavanagh of Middlesex – Commissioner of the Department of
Tourism and Marketing – By Senator Greenwood for the Committee on
General Affairs and Housing. (4/12)
   Richard W. Park of Williston - Member of the State Labor Relations Board
– By Senator Munt for the Committee on General Affairs and Housing. (4/25)
  Harlan Sylvester of Burlington – Member of the Vermont Racing
Commission – By Senator Munt for the Committee on General Affairs and
Housing. (4/25)
  John T. Ewing of Burlington – Member of the Vermont Housing and
Conservation Board – By Sen. Munt for the Committee on General Affiars and
Housing. (4/25)
  Nancy Goss Sheahan of Burlington – Member of the State Police Advisory
Commission – By Sen. Ankeney for the Committee on Government
Operations. (4/29)



                                 - 1582 -
  Karen Bradley of Grand Isle – Member of the State Police Advisory
Commission – By Sen. Ankeney for the Committee on Government
Operations. (4/29)
   Jeri Martinez of Montpelier – Member of the State Police Advisory
Commission – By Sen. Doyle for the Committee on Government Operations.
(4/29)
   Laura Williams of Montpelier – Member of the State Police Advisory
Commission – By Sen. Doyle for the Committee on Government Operations.
(4/29)
   Leo D. Willey of Newport – Member of the State Police Advisory
Commission – By Sen. Condos for the Committee on Government Operations.
(4/29)
   Harold E. Eaton, Jr. of Woodstock – Member of the State Police Advisory
Commission – By Sen. Condos for the Committee on Government Operations.
(4/29)
  Joan Rahe of Bennington – Member of the Board of Libraries – By Sen.
Ankeney for the Committee on Education. (5/2)
  Laura Lewis of Guilford – Member of the Board of Libraries – By Sen.
Ankeney for the Committee on Education. (5/2
   Craig M. de Luca of Stowe – Member of the Public Oversight Commission
– By Sen. Chard for the Committee on Health and Welfare. (5/3)
  Ragon Willmuth, M.D. of Burlington – Member of the State Board of
Health – By Sen. Chard for the Committee on Health and Welfare. (5/2)
  John P. Castaldo – Waterbury Center – Alternate member of the Public
Oversight Commission – By Sen. Chard for the Committee on Health and
Welfare. (5/2)
   Evan Hammond of Lunenburg – Member of the Connecticut River Valley
Flood Control Commission – By Sen. Canns for the Committee on Natural
Resources and Energy. (5/7)
   Arthur P. Silvester of Vershire – Member of the Connecticut River Valley
Flood Control Commission – By Sen. Scott for the Committee on Natural
Resources and Energy. (5/6)
  Judith A. Bettis of White River Junction – Member of the Transportation
Board – By Sen. Welch for the Committee on Transportation. (5/6)



                                 - 1583 -

				
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