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					                House Calendar
                          THURSDAY, MAY 9, 2002
                   122nd DAY OF ADJOURNED SESSION

                           ORDERS OF THE DAY

                            ACTION CALENDAR
                                 Third Readings
                                     H. 548
   An act relating to the creation of an Olmstead Advisory Commission
                                     H. 599
   An act relating to composition of the elevator safety review board.
                                     H. 691
   An act relating to a national defense emergency management monument.
                                     S. 222
   An act relating to improving restitution procedures.
                       Senate Proposals of Amendment
                                     H. 208
   An act relating to the Vermont downtown development board.
   The Senate proposes to the House to amend the bill as follows:
   First: By adding a new Sec. 1a to read as follows:
Sec. 1a. 24 V.S.A. § 2793 is amended to read:
§ 2793. DESIGNATION OF DOWNTOWN DEVELOPMENT DISTRICTS
   (a) A municipality, by its legislative body, may apply to the state board for
designation of a downtown area within that municipality as a downtown
development district. An application by a municipality shall contain a map
delineating the district, that accurately delineates the district. The application
shall also include evidence that the regional planning commission and the
regional development corporation have been notified of the municipality’s
intent to apply, evidence that the municipality has published notice of its
application in a local newspaper of general circulation within the municipality,

                                    - 1377 -
and information showing that the district meets the standards for designation
established in subsection (b) of this section. Upon receipt of an application,
the state board shall provide written notice of the application to the
environmental board. The environmental board and interested persons shall
have 15 days after notice to submit written comments regarding the application
before the state board issues a written decision that demonstrates the
applicant’s compliance with the requirements of this chapter.
   (b) Within 45 days of receipt of a completed application, the state board
shall designate a downtown development district if the state board finds, with
respect to that district in its written decision, that the municipality has:
      (1) demonstrated a planning commitment through the adoption of a
design control district, an historic district, an urban renewal district, or through
the creation of a development review board authorized to undertake local Act
250 reviews pursuant to section 4449 of this title; and
                                       ***
      (3) a planning process confirmed under section 4350 of this title.
   Second: In Sec. 5, 24 V.S.A. § 2794(a), by striking out subdivision (13)
and inserting in lieu thereof the following:
      (13) when considering leasing existing space or constructing a building,
the commissioner of buildings and general services or other state officials, in
consultation with the legislative body of a municipality and based on the
suitability of the state function to a downtown location, shall give priority to
locating proposed state functions in a downtown;
   Third: By striking out Sec. 6 in its entirety and inserting in lieu thereof the
following:
Sec. 6. 10 V.S.A. § 6001(3) is amended to read:
      (3)(A) “Development” means the:
            (i) The construction of improvements on a tract or tracts of land,
owned or controlled by a person, involving more than 10 acres of land within a
radius of five miles of any point on any involved land, for commercial or
industrial purposes in a municipality that has adopted permanent zoning and
subdivision bylaws. “Development” shall also mean the
            (ii) The construction of improvements for commercial or
industrial purposes on more than one acre of land within a municipality which
that has not adopted permanent zoning and subdivision bylaws.
“Development” shall also mean the

                                     - 1378 -
             (iii) The construction of improvements for commercial or
industrial purposes on a tract or tracts of land, owned or controlled by a person,
involving more than one acre of land within a municipality that has adopted
permanent zoning and subdivision bylaws, if the municipality in which the
proposed project is located has elected by ordinance, adopted under chapter 59
of Title 24, to have this jurisdiction apply. The word “development” shall
mean the
             (iv) The construction of housing projects such as cooperatives,
condominiums, or dwellings, or construction or maintenance of mobile homes
or trailer parks, with 10 or more units, constructed or maintained on a tract or
tracts of land, owned or controlled by a person, within a radius of five miles of
any point on any involved land, and within any continuous period of five
years. The word “development” shall not include construction for farming,
logging or forestry purposes below the elevation of 2500 feet. The word
“development” also means the
             (v) The construction of improvements on a tract of land involving
more than 10 acres which that is to be used for municipal, county or state
purposes. In computing the amount of land involved, land shall be included
which that is incident to the use such as lawns, parking areas, roadways,
leaching fields and accessory buildings. In the case of a project undertaken by
a railroad, no portion of a railroad line or railroad right-of-way that will not be
physically altered as part of the project shall be included in computing the
amount of land involved. In the case of a project undertaken by a person to
construct a rail line or rail siding to connect to a railroad’s line or right-of-way,
only the land used for the rail line or rail siding that will be physically altered
as part of the project shall be included in computing the amount of land
involved. The word “development” shall not include an electric generation or
transmission facility which requires a certificate of public good under section
248 of Title 30 or a natural gas facility as defined by subdivision 248(a)(3) of
that title. The word “development” shall also mean the
            (vi) The construction of improvements for commercial, industrial
or residential use above the elevation of 2500 2,500 feet. The word
“development” shall also mean exploration
           (vii) Exploration for fissionable source materials beyond the
reconnaissance phase or the extraction or processing of fissionable source
material. The word “development” shall also mean the
            (viii) The drilling of an oil and gas well.
          (B) Notwithstanding the provisions of subdivision (3)(A) of this
section, if a project consists exclusively of any combination of mixed income

                                      - 1379 -
housing or mixed use and is located entirely within a downtown development
district designated pursuant to 24 V.S.A. § 2793, “development” means:
           (i) Construction of mixed income housing with 100 or more
housing units or a mixed use project with 100 or more housing units, in a
municipality with a population of 20,000 or more.
           (ii) Construction of mixed income housing with 50 or more
housing units or a mixed use project with 50 or more housing units, in a
municipality with a population of 10,000 or more but less than 20,000.
           (iii) Construction of mixed income housing with 30 or more
housing units or a mixed use project with 30 or more housing units, in a
municipality with a population of 5,000 or more and less than 10,000.
           (iv) Construction of mixed income housing with 20 or more
housing units or a mixed use project with 20 or more housing units, in a
municipality of less than 5,000.
             (v) Construction of 10 or more units of mixed income housing or a
mixed use project with 10 or more housing units where the construction
involves the demolition of one or more buildings that are listed on or eligible
to be listed on the state or national registers of historic places.
         (C) For the purposes of determining jurisdiction under subdivisions
(3)(A) and (3)(B) of this section:
            (i) Housing units constructed by a person partially or completely
outside a designated downtown development district shall not be counted to
determine jurisdiction over housing units constructed by a person entirely
within a designated downtown development district.
            (ii) Within any continuous period of five years, housing units
constructed by a person entirely within a designated downtown district shall be
counted together with housing units constructed by a person partially or
completely outside a designated downtown development district to determine
jurisdiction over the housing units constructed by a person partially or
completely outside the designated downtown development district and within a
five-mile radius.
          (iii) All housing units constructed by a person within a designated
downtown development district within any continuous period of five years,
commencing on or after the effective date of this subdivision, shall be counted
together.
             (iv) In the case of a project undertaken by a railroad, no portion of
a railroad line or railroad right-of-way that will not be physically altered as part
of the project shall be included in computing the amount of land involved. In
                                      - 1380 -
the case of a project undertaken by a person to construct a rail line or rail
siding to connect to a railroad’s line or right-of-way, only the land used for the
rail line or rail siding that will be physically altered as part of the project shall
be included in computing the amount of land involved.
         (D) The word “development” does not include:
            (i) The construction of improvements for farming, logging or
forestry purposes below the elevation of 2,500 feet.
           (ii) The construction of improvements for an electric generation or
transmission facility that requires a certificate of public good under section 30
V.S.A. § 248 or a natural gas facility as defined in subdivision 30 V.S.A. §
248(a)(3).
   Fourth: By striking out Sec. 6a in its entirety.
   Fifth: In Sec. 7, 10 V.S.A. § 6001, by striking out subdivisions (27), (28)
and (29) and inserting in lieu thereof the following:
      (27) “Mixed income housing” means a housing project in which at least
15 percent of the total housing units are affordable housing units.
      (28) “Mixed use” means construction of both mixed income housing
and construction of space for any combination of retail, office, services,
artisan, and recreational and community facilities, provided at least 40 percent
of the gross floor area of the buildings involved is mixed income housing.
“Mixed use” does not include industrial use.
      (29) “Affordable housing” means either of the following:
         (A) Owner-occupied housing in which the owner’s gross annual
household income does not exceed 80 percent of the county median household
income, and for which the annual housing costs, which include payment of
principal, interest, taxes, and insurance, are not more than 30 percent of the
gross annual household income.
        (B) Rental housing in which the renter’s gross annual household
income does not exceed 80 percent of the county median household income,
and for which the annual housing costs, which include rent and utilities
expenses, are not more than 30 percent of the gross annual household income.
   Sixth: In Sec. 7c, 10 V.S.A. § 6081(o), by striking out subsection (o) in its
entirety and inserting in lieu thereof the following:
   (o) If a downtown development district designation pursuant to 24 V.S.A.
§ 2793 is removed, subsection (a) of this section shall apply to any subsequent
substantial change to a project that was originally exempt pursuant to
subdivision 6001(3)(B) of this title.
                                      - 1381 -
   (p) No permit or permit amendment is required for any change to a project
that is located entirely within a downtown development district designated
pursuant to 24 V.S.A. § 2793, if the change consists exclusively of any
combination of mixed use and mixed income housing, and the cumulative
changes within any continuous period of five years, commencing on or after
the effective date of this subsection, remain below the jurisdictional threshold
specified in subdivision 6001(3)(B) of this title.
  Seventh: By inserting the word “platform” before the word “lift” or the
word “lifts” wherever they appear in this act
   Eighth: In Sec. 10, 32 V.S.A. § 5930q(a)(1), by striking out the word “lifts”
and inserting in lieu thereof: “platform lifts suitable for transporting a personal
mobility device”
   Ninth: In Sec. 10, 32 V.S.A. § 5930q, by striking out subsection (c) in its
entirety and inserting in lieu thereof the following:
    (c) Amount of credit. Except as limited by subsection (g) of this section,
the owner or lessee of a qualified building shall be entitled to claim against the
taxpayer’s state individual income tax, state corporate income tax, bank
franchise or insurance premiums tax liability a credit of 50 percent of qualified
expenditures up to a maximum tax credit of $12,000.00 for installation or
improvement of a platform lift, and a maximum tax credit of $25,000.00 for
installation or improvement of an elevator or sprinkler system. However, the
first $10,000.00 in expenditures for any project that is eligible for a federal tax
credit for platform lifts, elevators and sprinkler systems shall not be an eligible
expense for the state tax credit.
   Tenth: In Sec. 11, 32 V.S.A. § 5930r, by striking out the catchline and
inserting in lieu thereof the following:
TAX CREDIT FOR CODE IMPROVEMENTS TO COMMERCIAL
BUILDINGS
and in subdivision (a)(1), by striking out the words “general stores or post
offices” and inserting in lieu thereof the words commercial buildings
   Eleventh: In Sec. 11, 32 V.S.A. § 5930r, by striking out subsection (c) in its
entirety and inserting in lieu thereof the following:
   (c) Amount of credit. The owner or lessee of a qualified building shall be
entitled to claim against the taxpayer’s state individual income tax, state
corporate income tax, bank franchise or insurance premiums tax liability a tax
credit of 50 percent of the expenditures made for capital improvements or
fixtures, or both, up to a maximum tax credit of $5,000.00.

                                     - 1382 -
   Twelfth: By adding a new section, to be numbered Sec. 19a, to read as
follows:
Sec. 19a. STUDY OF LAND VALUE, SPLIT RATE/TWO TIER
TAXATION
   The Legislative Council and the Joint Fiscal Office, with the assistance of
the Agency of Administration and the Department of Taxes, shall study the
feasibility of a land value, split rate or two tier tax system that would allow
municipalities to levy in any year separate and different rates of taxation on
land and buildings in designated downtowns. The analysis shall evaluate the
impacts on state and local revenues and state policy objectives, including
preservation of downtowns. The study shall be submitted to the Senate
Committee on Finance and the House Committee on Commerce by January 15,
2003.
  (For text see House Journal 3/27/02 – pp. 636-662; 4/2/02 pp. 727-731)
               Consent Calendar for Concurrent Resolution
    The following joint concurrent resolution will be adopted automatically
unless a member requests floor consideration before the end of today’s
legislative session. Requests for floor consideration should be communicated
to the Clerk’s office or to a member of the Clerk’s office staff.
                                 J.C.R.H. 21
   Joint concurr0ent resolution congratulating Sally Molloy on retirement from
the staff of the Bennington-Rutland Supervisory Union
                           NOTICE CALENDAR
                        Favorable with Amendment
                                    H. 740
  An act relating to a funding formula for the department of tourism and
marketing.
   Rep. Dostis of Waterbury, for the Committee on Commerce, recommends
the bill be amended by striking all after the enacting clause and inserting in
lieu thereof the following:
Sec. 1. FINDINGS
   The general assembly finds that it is essential to assure that the state of
Vermont’s marketing efforts remain productive, competitive and sustainable
over time. Key to the state’s marketing success is an aggressive marketing
campaign designed to maintain Vermont’s standing in the global marketplace
as a solid brand, associated with natural beauty, peacefulness, outdoor
                                 - 1383 -
recreation, agricultural heritage and cultural heritage, and the quality of its
environment and products.
   The general assembly further finds that throughout Vermont, many small
businesses depend, in large part, on the state’s effective marketing campaign to
create and strengthen economic opportunities for them. The ability of small
businesses to increase their generation of revenue is directly related to their
greater access to the marketplace. As the state’s small businesses expand their
reach into the marketplace, the Vermont brand is correspondingly
strengthened.
   To strengthen Vermont’s competitiveness in the marketplace, the state
needs a sustainable method of funding in addition to the base general fund
appropriation to the department of tourism and marketing. Through the
creation of a sustainable funding formula for marketing tied to growth in the
state’s revenues from the meals and rooms tax, Vermont will strengthen its
tourism industry and achieve growth in that revenue that the industry produces
in the future. This sustainable funding formula will achieve two important
objectives: 1) an annual performance-based funding allocation to support
marketing and promotion; and 2) a gradual, but concerted effort, to build the
state’s base marketing capacity to maintain interstate competitiveness.
Sec. 2. 32 V.S.A. § 435b is added to read:
§435b. SUSTAINABLE MARKETING SPECIAL FUND
   (a) There is hereby established in the state treasury a special fund to be
known as the sustainable marketing special fund, to be administered by the
department of tourism and marketing. Beginning in fiscal year 2004, there
shall be allocated each fiscal year to the sustainable marketing special fund a
portion of the meals and rooms and alcoholic beverage tax revenue equal to the
most recently determined percentage of fiscal-year growth in that revenue in
excess of two percent but limited to a maximum annual allocation under this
section of $2,000,000.00. For the purposes of this section, “growth in
revenue” shall not include any increase in revenue due to an increase in the tax
rate pursuant to section 9241 of this title.
   (b) The revenues allocated to the fund under this section are intended to
supplement the department’s base general fund appropriation from the prior
fiscal year and shall be expended as follows:
      (1) 30 percent added to the existing general fund appropriation to the
department of tourism and marketing for coordinated marketing pass-throughs,
16.5 percent to the department of fish and wildlife, 10.5 percent to the
department of agriculture, food and markets, and 3 percent to the department
of forests, parks and recreation.
                                  - 1384 -
      (2) 67.5 percent for additional tourism promotion activities in print,
advertising, public relations, domestic and international sales, and world wide
web marketing.
      (3) 2.5 percent for coordination of the state’s marketing and promotion
partnership with state departments and agencies and instrumentalities.
  (c) On or after July 1 of each year, the commissioner of finance and
management shall transfer to the sustainable marketing special fund the
amount determined in subsection (a) of this section.
   (d) Beginning with fiscal year 2005, the general fund appropriation made to
the department of tourism and marketing shall increase by 25 percent of the
allocation made in the preceding fiscal year to the sustainable marketing
special fund created in subsection (a) of this section.
(Committee vote: 10-0-1)
   Rep. Helm of Castleton, for the Committee on Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on Commerce and when further amended as follows:
  In Sec. 2. §435b, by inserting a new subsection (e) to read:
    (e) In addition to any supplementary amounts allocated from the
sustainable marketing special fund under this section, of the annual general
fund base appropriation to the department of tourism and marketing, a
minimum of 6.2 percent shall go to the department of fish and wildlife, 0.7
percent shall go to the department of agriculture, food and markets and 0.7
percent to the department of forests, parks and recreation to support marketing
activities.
                                        S. 8
  An act relating to benefits for the survivors of firefighters.
   Rep. Wright of Burlington, for the Committee on Government
Operations, recommends that the House propose to the Senate that the bill be
amended by striking all after the enacting clause and inserting in lieu thereof
the following:
Sec. 1. 20 V.S.A. chapter 181 is added to read:
 CHAPTER 181. BENEFITS FOR THE SURVIVORS OF FIREFIGHTERS
§ 3171. DEFINITIONS
  For purposes of this chapter:
     (1) “Board” means the firefighters’ survivor benefit review board.

                                    - 1385 -
      (2) “Child” means a natural or legally adopted child, regardless of age.
      (3) “Firefighter” means a person employed by, or an authorized
volunteer of, a municipality, including any fire district, and whose primary
duties as an employee or authorized volunteer are to prevent and eradicate
emergencies.
      (4) “Line of duty” means:
         (A) answering a call of the department for a fire or emergency,
including going to and returning from a fire or emergency drill; or
        (B) similar service in another town or district to which the
department has been called for firefighting or emergency purposes.
      (5) “Occupation-related illness” means a disease that directly arises out
of, and in the course of, service, including a heart injury that occurs within 24
hours from the date of last service in the line of duty at an emergency.
      (6) “Parent” means a natural or adoptive parent.
      (7) “Spouse” means the individual joined in a lawful marriage or civil
union with a firefighter from whom there has not been obtained a judicial
separation, annulment, or divorce prior to the firefighter’s death.
      (8) “Survivor” means a spouse, child or parent of a firefighter.
§ 3172. FIREFIGHTERS’ SURVIVOR BENEFIT REVIEW BOARD
   (a) There is created the firefighters’ survivor benefit review board which
shall consist of the state treasurer or designee, the attorney general or designee,
the executive director of the Vermont fire service training council or designee,
and one member of the public appointed by the governor for a term of two
years. Survivors of a firefighter who dies in the line of duty or dies of an
occupational-related illness may request the board award a monetary benefit
under section 3173 of this title. The board shall be responsible for determining
whether to award monetary benefits under section 3173 of this title. A
decision to award monetary benefits shall be made by unanimous vote of the
board, and shall be made within 60 days after the receipt of all information
necessary to enable the board to determine eligibility. The board may request
any information necessary for the exercise of its duties under this section.
Nothing in this section shall prevent the board from initiating the investigation
or determination of a claim before being requested by a survivor or employer
of a firefighter.
   (b) Within 10 days after the board has reached its decision, it shall notify
the named survivors of its decision by certified mail. If the board denies the
claim, the named survivors shall have 60 days from the date of receiving the
                                     - 1386 -
denial to file an appeal with the superior court in the county in which the
deceased was employed or was an authorized volunteer.
   (c) If the board decides to award a monetary benefit, the benefit shall be
paid to the surviving spouse or, if the firefighter had no spouse at the time of
death, to the surviving child, or equally among surviving children. If the
deceased firefighter is not survived by a spouse or child, the benefit shall be
paid to a surviving parent, or equally between surviving parents. If the
deceased firefighter is not survived by a spouse, children, or parents, the board
shall not award a monetary benefit under this chapter.
   (d) Upon a board decision to award a monetary benefit under this chapter,
the treasurer shall make payment to the beneficiaries as described in subsection
(c) of this section.
   (e) The state treasurer’s office shall provide staff, office space, and any
other reasonable and necessary resources to the board.
   (f) The member of the public appointed by the governor shall be entitled to
per diem compensation authorized under section 1010 of Title 32 for each day
spent in the performance of his or her duties.
§ 3173. MONETARY BENEFIT
   (a) The survivors of a firefighter who dies while in the line of duty or from
an occupational-related illness shall be entitled to a payment of $50,000.00
from the state. However, this payment shall be reduced by any amount paid to
the survivors from a life insurance policy provided by the firefighter’s
employer which pays a benefit for death occurring in the line of duty. For the
purposes of this section, “employer” means the municipality or fire department
at which the firefighter was employed at the time of death.
   (b) The state treasurer shall disburse from the trust fund established in
section 3175 of this title the monetary benefit authorized by subsection (a) of
this section, and shall adopt necessary procedures for the disbursement of such
funds.
§ 3174. BOARD STANDARDS; GUIDELINES; PROCEDURES
   (a) The board shall adopt standards, guidelines, and procedures for:
       (1) determining whether and how monetary benefits shall be paid under
this chapter;
      (2) what information must initially be filed with a claim under this
chapter; and
      (3) administering the provisions of this chapter.

                                    - 1387 -
   (b) Standards, guidelines, and procedures adopted under this section shall
be exempt from the requirements of chapter 25 of Title 3.
§ 3175. FIREFIGHTERS’ SURVIVORS BENEFIT EXPENDABLE TRUST
        FUND
   (a) The firefighters’ survivors benefit expendable trust fund is established
in the office of the state treasurer for the purpose of the payment of claims
distributed pursuant to this chapter. The trust fund shall be comprised of
appropriations made by the general assembly and contributions or donations
from any other source. All balances in the fund at the end of the fiscal year
shall be carried forward. Interest earned shall remain in the fund.
   (b) The treasurer’s annual financial report to the governor and the general
assembly shall contain an accounting of receipts, disbursements and earnings
of the fund, and a recommended appropriation to the fund for the upcoming
fiscal year.
   (c) Annually, the general assembly shall appropriate an amount, not to
exceed $50,000.00, from the general fund into the trust fund, which equals the
total amount contributed to the trust fund from private sources in the preceding
year, provided the balance of the fund does not exceed $500,000.00.
Sec. 2. 32 V.S.A. § 1010(a)(29) is added to read:
      (29) Firefighters’ survivor benefit review board.
Sec. 3. APPROPRIATION
  The sum of $100,000.00 is appropriated from the general fund in fiscal year
2003 to the Firefighters’ Survivors Benefit Expendable Trust Fund, established
under section 3175 of Title 20, which shall be used for the distribution of
monetary benefits as described in chapter 181 of Title 20.
Sec. 4. EFFECTIVE DATE; APPLICATION
   This act shall take effect on July 1, 2002 and shall only apply to claims
arising on or after that date.
(Committee vote: 10-0-1)
   (For text see Senate Journal 5/7/01 – p. 771 )
                                      S. 224
   An act relating to reports of abuse, neglect and exploitation of elderly and
disabled adults.



                                    - 1388 -
    Rep. Koch of Barre Town, for the Committee on Health and Welfare,
recommends that the House propose to the Senate that the bill be amended by
striking all after the enacting clause and inserting in lieu thereof the following:
Sec.1. 14 V.S.A. chapter 123 is added to read:
                       Chapter 123. Powers of Attorney
§ 3501. DEFINITIONS
   As used in this subchapter:
      (1) “Accounting” means a written statement itemizing transactions taken
by an agent pursuant to authority granted by a principal under a power of
attorney.
      (2) “Agent” means a person named by a principal in a written power of
attorney to act on the principal’s behalf, and is synonymous with the term
“attorney-in-fact”.
      (3) “Commercial transaction” means any transaction entered into on
behalf of the principal for commercial or business purposes and not primarily
for personal, family, or household purposes.
      (4) “Compensation” means payment to the agent from assets of the
principal for services rendered by the agent.
      (5) “Disability or incapacity of the principal” means a physical or
mental condition which prevents the principal from directing the actions of the
agent and would, under common law principles of agency, cause a power of
attorney previously executed by the principal to terminate.
      (6) “Durable power of attorney” means a written power of attorney in
which the authority of the agent does not terminate in the event of the
disability or incapacity of the principal.
      (7) “Gift” means any transfer of anything of value for which
consideration of less than fair market value is received.
      (8) “Power of attorney” means a written document by which a principal
designates an agent to act in his or her behalf.
      (9) “Principal” means a person who executes a power of attorney
designating one or more agents to act on his or her behalf.
      (10) “Revocation” means the cancellation by a principal of the authority
previously given by the principal to an agent.
      (11) “Self-dealing” means any transaction, including transfer of property
of a principal to an agent, that directly or indirectly benefits the agent or the

                                     - 1389 -
immediate family of the agent, regardless of whether the agent has provided
consideration for the transaction.
      (12)     “Termination” means any occurrence or event, including
revocation, which, under this subchapter, causes the authority previously given
by a principal to an agent to cease.
      (13) “Terms of the power of attorney” means the specific language
contained in a power of attorney.
      (14) “Third party” means any person that acts on a request from,
contracts with, or otherwise deals with an agent pursuant to authority granted
by a principal in a power of attorney.
§ 3502. CREATION OF A POWER OF ATTORNEY
   (a) Except as provided in subsection (d) of this section, a power of attorney
shall, in order to be valid:
       (1) be in writing;
       (2) name one or more persons as agent;
       (3) give the agent power to act on behalf of the principal; and
       (4) be executed and witnessed as provided in section 3503 of this title.
   (b) Except as provided in subsection (c) of this section, a power of attorney
shall be effective on the date the power of attorney is executed as provided in
section 3503 of this title.
   (c) A power of attorney may:
        (1) specify the date on which the power of attorney will become
effective; or
        (2) become effective upon the occurrence of an event, which shall be
specified in the power of attorney, as shall the manner in which the event shall
be determined to have occurred.




                                    - 1390 -
   (d) Subsection 3503(e) of this title, and the provision in subsection 3503(a)
of this title that requires the witness and the notary to be different persons,
shall not be applicable to:
       (1) a power of attorney for the sale, transfer or mortgage of real estate
executed in conformance with section 305 of Title 27, provided the real estate
is specifically described in the power of attorney and the duration of the power
of attorney is no more than 90 days; or
      (2) a power of attorney for a commercial transaction, provided the
transaction is specifically described in the power of attorney and the duration
of the power of attorney is no more than 90 days.
§ 3503. EXECUTION AND WITNESSING
    (a) A power of attorney shall be signed by the principal in the presence of
at least one witness. The principal’s signature shall be acknowledged before a
notary public, who shall be a person other than the witness.
   (b) If the principal is physically unable to sign, the power of attorney may
be signed in the principal’s name written by some other person in the
principal’s presence and at the principal’s express direction, provided the
person signing for the principal is not named as agent and the power of
attorney states another person has signed for the principal and identifies the
name of that person.
   (c) A person named as agent under the document may not serve as a
witness or notary public with respect to the document.
   (d) The witness shall affirm that the principal appeared to be of sound mind
and free from duress at the time the power of attorney was signed, and that the
principal affirmed that he or she was aware of the nature of the document and
signed it freely and voluntarily.
   (e)(1) No agent, including alternate or successor agents, may exercise
authority granted in a power of attorney unless the agent has signed the power
of attorney, attesting that the agent:
         (A) accepts appointment as agent;
         (B) understands the duties under the power of attorney and under the
law;
           (C) understands that he or she has a duty to act if expressly required
to do so in the power of attorney consistent with subsection 3506(c) of this
title; and
          (D) understands that the agent is expected to use his or her special
skills or expertise on behalf of the principal, if the expectation that the agent
                                    - 1391 -
does so is expressly provided for in the power of attorney consistent with
subdivision 3505(a)(6) of this title.
     (2) An agent may sign at any time after a power of attorney has been
executed and before it has been exercised for the first time.
§ 3504. SCOPE OF AUTHORITY
    (a) The agent shall have the authority to act on the principal’s behalf as to
all lawful subjects and purposes, but only to the extent such authority is given
under the terms of the power of attorney, subject to section 3506 of this title
and subsections (b) through (g) of this section.
   (b) No power of attorney created under this subchapter may give an agent
the authority to:
        (1) make health care decisions, as that term is defined in chapter 121 of
this title;
      (2) execute, modify or revoke a durable power of attorney for health
care for the principal;
      (3) execute, amend or revoke a will for the principal;
      (4) execute, modify or revoke a living will for the principal;
      (5) require the principal, against his or her will, to take any action or to
refrain from taking any action;
      (6) exercise, by delegation, the fiduciary responsibility of the principal
as executor of a will or administrator of an estate;
      (7) exercise, by delegation, the fiduciary responsibility of a trustee,
unless the instrument creating the trust specifically authorizes the delegation;
or
      (8)     take any action specifically forbidden by the principal,
notwithstanding any provision of the power of attorney giving the agent the
authority to take such action.
   (c) No agent may convey lands belonging to the principal or an estate or
interest therein unless the terms of the power of attorney explicitly provide the
agent has such authority and the power of attorney meets the specific execution
requirements of section 3503 of this title.
   (d) No agent may compensate him or herself for duties performed under a
power of attorney with funds or property belonging to the principal unless the
terms of the power of attorney explicitly provide for compensation.
Reasonable reimbursement for actual out-of-pocket expenditures by the agent
for the benefit of the principal shall not be considered compensation.
                                       - 1392 -
   (e) No agent may make a gift or a loan to a third party unless the terms of
the power of attorney explicitly provide for the authority to make gifts or
loans.
   (f) No agent may make a gift or a loan to him or herself of property
belonging to the principal unless the terms of the power of attorney explicitly
provide for the authority to make gifts or loans to the agent.
   (g) No agent may appoint another person as alternate or successor agent
unless the terms of the power of attorney explicitly provide for the authority to
appoint an alternate or successor agent.
   (h) A power of attorney may specify that accountings shall be made by the
agent at specific times or upon the occurrence of specified events or that
accountings be made to specified third parties. The authority of the principal
to request accountings at any time shall not be limited or waived, provided, if
accountings have not previously been required, the principal may not require
the agent to produce accountings for more than three years prior to the date of
the request.
§ 3505. DUTIES OF THE AGENT
   (a) The agent shall have a fiduciary duty to the principal. The fiduciary
duty of the agent requires that the agent, in the performance of his or her
duties, shall:
      (1) act in good faith and in the interest of the principal;
     (2) refrain from self-dealing except as provided in the power of attorney
pursuant to subsection 3504(d) or (f) of this subchapter;
      (3) avoid conflicts of interest which would impair the ability of the
agent to act in the interest of the principal;
      (4) not commingle the funds of the principal with his or her own funds
or the funds of third parties, except in an attorney-client trust account in
accordance with the rules governing such accounts;
     (5) exercise the degree of care that would be observed by a prudent
person dealing with the property and affairs of another person;
       (6) if selected as agent with the expectation he or she has special skills
or expertise, use those skills on behalf of the principal, provided the terms of
the power of attorney specify that the agent is expected to use special skills and
expertise, and provided, further, the agent acknowledges in signing the power
of attorney that he or she has been so selected;
      (7) take no action beyond the scope of authority granted by the terms of
the power of attorney;
                                   - 1393 -
      (8) take no action which violates any provision of this subchapter;
      (9) keep records of all transactions taken under the power of attorney,
retain records for at least seven years, and provide accountings upon request of
the principal or at such times or in such manner as is specified by the terms of
the power of attorney;
        (10) take actions if a duty to act is specified pursuant to section 3506 of
this title;
      (11) follow the directions of the principal specifically forbidding an
action, notwithstanding any provision of the power of attorney giving the agent
authority to take such action; provided, however, no third party who acts in
reliance on the apparent authority of the agent under the power of attorney
shall be bound or limited by the directions of the principal to the agent not set
forth in the power of attorney unless such third party has actual notice of the
instructions;
      (12) comply with any lawful termination of the power of attorney as
provided in section 3507 of this title.
   (b) Nothing in this section shall be construed to limit other duties imposed
on the agent by statute or common law.
§ 3506. NO DUTY TO EXERCISE AUTHORITY UNLESS
         SPECIFICALLY PROVIDED
   (a) Except for the duties imposed on agents by this subchapter and except
as provided in subsections (b) and (c) of this section, an agent has no duty to
exercise any authority granted in a power of attorney, regardless of whether the
principal is disabled or incapacitated or otherwise unable to act.
   (b) Acting for the principal in one or more transactions does not obligate an
agent to act for the principal in a subsequent transaction, but the agent has a
duty to complete any transaction the agent has commenced.
   (c) If the power of attorney explicitly provides that the agent has a duty to
act for the principal as to specified transactions or types of transactions and the
agent has specifically acknowledged and accepted such duty to act in signing
the power of attorney, the agreement to act on behalf of the principal is
enforceable against the agent regardless of whether there is any consideration
to support a contractual obligation.
§ 3507. TERMINATION; REVOCATION
   (a) Subject to the provisions of subsection (c) of this section, a power of
attorney shall terminate upon:

                                     - 1394 -
      (1) the revocation by the principal, as provided in subsection (b) of this
section;
      (2) the divorce of the principal and spouse, where the spouse is the
agent;
      (3) the death of the principal;
      (4) the disability or incapacity of the principal, if provided for consistent
with the requirements of section 3508 of this title;
    (5) the resignation or death of the agent, unless an alternate agent is
named in the power of attorney or by the agent;
      (6) a termination date specified in the power of attorney, if any;
     (7) the occurrence of a termination event explicitly specified in the
power of attorney; or
      (8) the order of a court of competent jurisdiction.
   (b) A principal who is not subject to an involuntary guardianship under
subchapter 12 of this chapter may revoke a power of attorney, whether durable
or not, at any time by notification to the agent orally, or in writing, or by any
other act evidencing a specific intent to revoke. An agent must comply with
his or her principal’s revocation notwithstanding the actual or perceived
disability or incapacity of the principal.
    (c) The occurrence of a terminating circumstance listed in subsection (a) of
this section does not terminate a power of attorney, whether durable or not, as
to the agent or other person, who, without actual knowledge of the terminating
circumstance, acts in good faith under the power of attorney. Any action so
taken, unless otherwise invalid or unenforceable, binds the principal and his or
her heirs, devisees, and personal representatives.
   (d) When an agent has acted in good faith under a power of attorney
without actual knowledge of the occurrence of a terminating circumstance, an
affidavit may be executed by the agent at any time, stating at the time of doing
an act pursuant to the power of attorney, he or she did not have actual
knowledge of the occurrence of the terminating circumstance. The affidavit
shall constitute conclusive proof of the nontermination of the power of attorney
at that time, in the absence of fraud. If the exercise of the power requires
execution and delivery of any instrument that is recordable, the affidavit may
also be recorded and shall be cross-referenced to the other instrument.
    (e) A power of attorney coupled with an interest in a commercial
transaction shall not be subject to revocation if the power of attorney states that
it is irrevocable.
                                     - 1395 -
§ 3508. DURABLE AND NONDURABLE POWERS OF ATTORNEY;
         WHEN POWER TERMINATES ON DISABILITY
  (a) A power of attorney shall be a durable power of attorney unless a
nondurable power of attorney is expressly created.
   (b) A nondurable power of attorney is created by an explicit term in the
power of attorney that “This power of attorney shall terminate upon the
subsequent disability or incapacity of the principal,” or similar words showing
the intent of the principal that the authority given the agent is intended to
terminate upon the principal’s subsequent disability or incapacity.
§ 3509. EFFECT OF SUBSEQUENT INVOLUNTARY GUARDIANSHIP
     ON POWER OF ATTORNEY
   (a) On motion filed in connection with a petition for appointment of an
involuntary guardian or on petition of a guardian if one has been appointed, the
probate court shall consider whether the authority of an agent designated
pursuant to a previously executed power of attorney should continue
undisturbed or be limited, suspended or terminated. The court may issue an
order limiting, suspending or terminating the power of attorney only upon
determining that to do so would be in the best interests of the ward.
   (b) Upon a finding by a probate court that appointment of a guardian is
warranted, pursuant to a petition for involuntary guardianship under subchapter
12 of this chapter, if the principal has nominated a guardian in a previously
executed power of attorney or other document, the probate court shall appoint
as guardian the person so nominated unless the court determines that to do so
would not be in the best interests of the ward.
   (c) In determining the best interests of the ward, the court shall consider, at
a minimum, the following factors:
      (1) the preferences of the ward, including the identity of the agent and
the scope of the agent’s authority, as expressed in the power of attorney;
      (2) whether the agent was appointed because he or she has special skills
or expertise;
     (3) whether a guardian is needed to perform duties for which authority
was not given under the power of attorney;
      (4) whether the exercise of concurrent powers is advisable when the
scope of the agent’s authority overlaps with the authority of the guardian;
      (5) whether the agent and the guardian are able to perform their
respective duties in a collaborative manner that does not compromise the best
interests of the ward;
                                    - 1396 -
       (6) whether the agent has violated the provisions of this subchapter or
the terms of the power of attorney, breached his or her fiduciary duty, failed to
perform duties under the power, or is unable or unwilling to perform duties
under the power of attorney;
      (7) whether the power of attorney was improperly executed;
      (8) whether the principal executed the power of attorney as the result of
duress, coercion, fraud or undue influence; or
      (9) whether the principal lacked the capacity to create the power of
attorney at the time of execution.
   (d) If a guardian is appointed for the principal and the court determines that
the previous executed power of attorney should remain in effect, the agent
shall account to the guardian rather than the principal.
§ 3510. PRESUMPTION OF VALIDITY
   Any power of attorney executed as provided in this subchapter shall be
presumed valid. No third party with whom an agent seeks to act shall require
an additional or different form of power of attorney. A photocopy or
electronically transmitted facsimile of a duly executed original power of
attorney may be relied upon to the same extent as the original.
§ 3511. RECIPROCITY
   Nothing in this subchapter limits the enforceability of a power of attorney
or similar instrument executed in another state or jurisdiction in compliance
with the law of that state or jurisdiction.
§ 3512. PROVISIONS OF STATUTE IMPLIED; MAY NOT BE WAIVED;
         SEVERABLE
   (a) The duties and obligations of agents under this subchapter shall be
deemed incorporated into all powers of attorney.
   (b) Any term of a power of attorney, executed after the effective date of
this subchapter, which purports to waive, or which is otherwise inconsistent
with, the provisions of this subchapter, shall be void and unenforceable.
   (c) If any term of a power of attorney is held to be invalid, the invalidity
does not affect other terms of the power of attorney that can be given effect
without the invalid term.
§ 3513. EFFECTIVE DATE; EFFECT ON EXISTING POWERS OF
         ATTORNEY
   A power of attorney shall be valid if it:
                                     - 1397 -
         (1) complies with the terms of this subchapter; or
       (2) is executed before July 1, 2002 and valid under common law or
statute existing at the time of execution.
Sec. 2. 33 V.S.A. § 6902 is amended to read:
§ 6902. DEFINITIONS
   As used in this chapter:
         (1) “Abuse” means:
         (A) Any treatment of an elderly or disabled a vulnerable adult which
places life, health or welfare in jeopardy or which is likely to result in
impairment of health;
        (B) Any conduct committed with an intent or reckless disregard that
such conduct is likely to cause unnecessary harm, unnecessary pain or
unnecessary suffering to an elderly or disabled a vulnerable adult;
          (C) Unnecessary or unlawful confinement or unnecessary or unlawful
restraint of an elderly or disabled a vulnerable adult;
         (D) Any sexual activity with an elderly or disabled a vulnerable adult
by a caregiver, either, while providing a service for which he or she receives
financial compensation, or at a caregiving facility or program who volunteers
for or is paid by a caregiving facility or program. This definition shall not
apply to a consensual relationship between a vulnerable adult and a spouse, nor
to a consensual relationship between a vulnerable adult and a caregiver hired,
supervised, and directed by the vulnerable adult;
        (E) Any pattern of malicious behavior which results in impaired
emotional well-being of an elderly or disabled a vulnerable adult;
(F) Administration of a drug, substance, or preparation to a vulnerable adult

            for a purpose other than legitimate and lawful medical or therapeutic

            treatment.

                                        ***
      (5) “Disabled adult” means a person eighteen years of age or older, who
has a diagnosed physical or mental impairment.
         (6) “Elderly adult” means an individual who is sixty years of age or
older.

                                      - 1398 -
      (7) “Employer” means a person or organization who employs or
contracts with one or more individuals to care for vulnerable adults, on either a
paid or volunteer basis.
      (7)(6) “Exploitation” means:
         (A) Wilfully Willfully using, withholding, transferring or disposing
of funds or property of an elderly or disabled a vulnerable adult without or in
excess of legal authority for the wrongful profit or advantage of another;
         (B) Acquiring possession or control of or an interest in funds or
property of an elderly or disabled a vulnerable adult through the use of undue
influence, harassment, duress, or fraud;
        (C) The act of forcing or compelling an elderly or disabled a
vulnerable adult against his or her will to perform services for the profit or
advantage of another;
          (D) Any sexual activity with an elderly or disabled a vulnerable adult
when the elderly or disabled vulnerable adult does not consent or when the
actor knows or should know that the elderly or disabled vulnerable adult is
incapable of resisting or declining consent to the sexual activity due to age or
disability or due to fear of retribution or hardship, whether or not the actor has
actual knowledge of vulnerable status.
      (8) “Multi-disciplinary team” means a group of professionals and
paraprofessionals, empaneled by the commissioner for the purpose of assisting
in the identification and investigation of cases of abuse, neglect or exploitation
and for managing and coordinating protective services. A multi-disciplinary
team may include, but is not limited to, persons who are trained and engaged in
work such as medicine, mental health, education, social work, nursing,
gerontology, law or law enforcement. Additional persons may be appointed
when the services of those persons are appropriate to any particular case.
      (9)(7) “Neglect” means the lack of subsistence, medical or other care
necessary for well-being purposeful or reckless failure or omission by a
caregiver to:
          (A)(i) provide care or arrange for goods or services necessary to
maintain the health or safety of a vulnerable adult, including, but not limited
to, food, clothing, medicine, shelter, supervision, and medical services, unless
the caregiver is acting pursuant to the wishes of the vulnerable adult or his or
her guardian, a terminal care document, as defined in chapter 111 of Title 18,
or a durable power of attorney for health care, as defined in chapter 121 of
Title 14;


                                     - 1399 -
            (ii) make a reasonable effort, in accordance with the authority
granted the caregiver, to protect a vulnerable adult from abuse, neglect or
exploitation by others;
            (iii) carry out a plan of care for a vulnerable adult when such
failure results in or could reasonably be expected to result in physical or
psychological harm or a substantial risk of death to the vulnerable adult; or
            (iv) report significant changes in the health status of a vulnerable
adult to a physician, nurse, or immediate supervisor, when the caregiver is
employed by an organization that offers, provides or arranges for personal
care.
          (B) Neglect may be repeated conduct or a single incident which has
resulted in or could be expected to result in physical or psychological harm, as
a result of subdivisions (A)(i), (ii), or (iii), of this subdivision (7).
      (8) “Plan of care” includes, but is not limited to, a plan of treatment,
protocol, individual care plan, individual education plan, rehabilitative plan,
plan to address activities of daily living or similar procedure describing the
care, treatment or services to be provided to address a vulnerable adult’s
physical, psychological, educational or rehabilitative needs.
      (10)(9) “Protective services” means services and action which, action, or
intervention that will, through voluntary agreement or through appropriate
court action, prevent further neglect, abuse or exploitation of elderly and
disabled vulnerable adults. Such services may include, but not be limited to,
supervision, guidance, counseling, petitioning for appointment of a guardian,
and, when necessary, assistance in the securing of safe and sanitary living
accommodations. However, nothing in this chapter gives the commissioner
authority to place the elderly or disabled person vulnerable adult in a state
school or hospital, except pursuant to chapter 181 or chapter 206 of Title 18.
      (10) “Psychological abuse” means intentionally subjecting a vulnerable
adult to behavior which should reasonably be expected to result in
intimidation, fear, humiliation, degradation, agitation, disorientation, or other
forms of serious emotional distress.
      (11) “Representative” means a court-appointed guardian, or an agent
acting under a durable power of attorney for health care, unless otherwise
specified in the terms of the power of attorney.
      (11)(12) “Sexual activity” means a sexual act as defined in 13 V.S.A.
§ 3251, other than appropriate medical care or personal hygiene, or lewd and
lascivious conduct.

                                    - 1400 -
      (12)(13) “Substantiated report” means that the commissioner or the
commissioner’s designee has determined after the investigation that a report is
based upon accurate and reliable information that would lead a reasonable
person to believe that the elderly or disabled vulnerable adult has been abused,
neglected or exploited.
      (14) “Volunteer” means an individual who without compensation
provides services through a private or public organization.
      (15) “Vulnerable adult” means any person 18 years of age or older who:
           (A) is a resident of a facility required to be licensed under chapter 71
of this title;
          (B) is a resident of psychiatric hospital or a psychiatric unit of a
hospital; or
         (C) regardless of residence or whether any type of service is received,
is impaired due to brain damage, the infirmities of aging, or a physical, mental,
or developmental disability:
            (i) that results in some impairment of the individual’s ability to
provide for his or her own care without assistance, including the provision of
food, shelter, clothing, health care, supervision, or management of finances; or
            (ii) because of the disability or infirmity, the individual has an
impaired ability to protect himself or herself from abuse, neglect, or
exploitation.
Sec. 3. 33 V.S.A. § 6903 is amended to read:
§ 6903. REPORTING SUSPECTED ABUSE, NEGLECT, AND
         EXPLOITATION OF ELDERLY OR DISABLED VULNERABLE
         ADULTS; REPORTS
   (a) Any of the following, other than a crisis worker acting pursuant to
section 1614 of Title 12, who knows of or has received information of abuse,
neglect or exploitation of an elderly or disabled a vulnerable adult or who has
reason to suspect that any elderly or disabled vulnerable adult has been abused,
neglected or exploited shall report or cause a report to be made in accordance
with the provisions of section 6904 of this title within 48 hours:
      (1) All employees, contractors and grantees of the agency of human
services who are involved in caregiving.
     (2) a A physician, osteopath, chiropractor or physician’s assistant, nurse,
medical examiner, licensed nursing assistant, emergency medical services
personnel, dentist, or psychologist,.
                                      - 1401 -
     (3) A school teacher, school librarian, school administrator, school
guidance counselor, school aide, school bus driver, or school employee or
school contractor who works regularly with students;.
      (4) A mental health professional, social worker other than one acting
pursuant to confidentiality provisions of the Older Americans Act, person or
organization that offers, provides, or arranges for personal care for vulnerable
adults, a caregiver employed by a vulnerable adult, employee of or contractor
involved in caregiving for a community mental health center, law enforcement
officer, certified nursing assistant, emergency medical services personnel and
an individual who works regularly with vulnerable adults and who is an
employee of an adult day care center, area agency on aging, senior center, or
meal program designed primarily to serve vulnerable adults.
      (5) A hospital, nursing home, residential care home, home health agency
or any entity providing nursing or nursing related services for remuneration,
intermediate care facility for adults with mental retardation, therapeutic
community residence, group home, developmental home, school or contractor
involved in caregiving, operator or employee of any of these facilities or
agencies.
                                      ***
Sec. 4. 33 V.S.A. § 6906 is amended to read:
§ 6906. INVESTIGATION
                                      ***
   (d) A person may, within Within 30 days of notification that a report has
been substantiated, a person against whom a complaint has been lodged may
apply to the human services board for relief on the grounds that it is
unsubstantiated. The board shall hold a fair hearing under section 3091 of
Title 3. Unless the commissioner agrees otherwise, the fair hearing shall be
given priority by the board and an expedited hearing shall be provided, with a
decision issued promptly thereafter.
   (e) If a report is found to be unsubstantiated, the records shall be destroyed
within 90 days after notice to the person complained about unless the person
requests that the records not be destroyed retained as part of the confidential
records of the department of aging and disabilities. If no court proceeding is
brought pursuant to subdivision 6903(c)(3) of this title within one year six
years of the date of the notice to the person complained about against whom
the complaint was lodged, the records relating to the unsubstantiated report
shall be destroyed after notice to such person, unless he or she requests that the
records not be destroyed.

                                    - 1402 -
    (f) If an appeal is filed pursuant to section subsection 6906(d) (d) of this
title section or to a court, the name of the individual shall not be added to the
registry until a substantiated finding of substantiated abuse, neglect, or
exploitation becomes final.
   (g) If the human services board or a court reverses a substantiated finding
of substantiated, the commissioner shall remove all information relating to that
finding in accordance with subsection (e) of this section.
   (h) When a final determination has been made, the commissioner shall
inform the vulnerable adult or his or her representative, the reporter, and, if the
report is substantiated, the current employer of the individual, of the outcome
of the investigation and any subsequent proceedings.
Sec. 5. 33 V.S.A. § 6907 is amended to read:
§ 6907. REMEDIAL ACTION
   (a) Coordinated treatment plan. If the investigation produces evidence that
the elderly or disabled vulnerable adult has been abused, neglected or
exploited, the commissioner shall arrange for the provision of protective
services in accordance with a written coordinated treatment plan as developed
by the appropriate multi-disciplinary team.
   (b) Consent to services.
      (1) Protective services shall be provided only with the consent of the
elderly or disabled vulnerable adult or, his or her guardian, or through
appropriate court action. If the elderly or disabled vulnerable adult does not
consent, protective services shall not be provided, unless provision of
protective services is court-ordered.
      (2) In the event that the elderly or disabled vulnerable adult’s guardian
is the person responsible for the abuse, neglect or exploitation, and the
guardian does not consent to the investigation or receipt of protective services,
the commissioner shall may petition for removal of the guardian.
Sec. 6. 33 V.S.A. § 6911 is amended to read:
§ 6911. RECORDS OF ABUSE, NEGLECT AND EXPLOITATION
   (a) Information obtained through reports and investigations, including the
identity of the reporter, shall remain confidential. and shall not be released
absent a court order, except as follows:
      (1) Written records The investigative report shall be disclosed only to:
the commissioner or person designated to receive such records; persons
assigned by the commissioner to investigate reports; the person reported to
have abused, neglected or exploited an elderly or disabled a vulnerable adult;
                                  - 1403 -
the elderly person or disabled vulnerable adult or his or her representative; the
office of professional regulation when deemed appropriate by the
commissioner; a law enforcement agency, the state’s attorney, or the office of
the attorney general, when the department believes there may be grounds for
criminal prosecution, or in the course of a criminal investigation. When
disclosing information pursuant to this subdivision, reasonable efforts shall be
made to limit the information to the minimum necessary to accomplish the
intended purpose of the disclosure, and no other information, including the
identity of the reporter, shall be released absent a court order.
      (2) Relevant information may be disclosed to the secretary of the agency
of human services, or the secretary’s designee, for the purpose of remediating
or preventing abuse, neglect, or exploitation, to assist the agency in its
monitoring and oversight responsibilities, and in the course of a relief from
abuse proceeding, guardianship proceeding, or any other court proceeding
when the commissioner deems it necessary to protect the victim, and the
victim or his or her representative consents to the disclosure. When disclosing
information pursuant to this subdivision, reasonable efforts shall be made to
limit the information to the minimum necessary to accomplish the intended
purpose of the disclosure, and no other information, including the identity of
the reporter, shall be released absent a court order.
   (b) The commissioner shall maintain a registry which shall contain the
following information: the names of all the individuals found on the basis of a
substantiated report to have abused, neglected or exploited an elderly or
disabled a vulnerable adult; the date of the finding; and the nature of the
finding. In addition, the commissioner shall require that, aside from a person’s
name, at least one other personal identifier is listed in the registry to prevent
the possibility of misidentification.
   (c) The commissioner or the commissioner’s designee may disclose
registry information only to:
      (1) the state’s attorney or the attorney general;
      (2) the public as required by the Nursing Home Reform Act of 1986 and
regulation regulations thereunder;
      (3) an employer which, as used in this section, means a person or
organization who employs or contracts with one or more persons individuals to
care for elderly or disabled vulnerable adults, on either a paid or volunteer
basis. The employer shall may submit a request concerning a current
employee, volunteer, or contractor or a person an individual to whom the
employer has given a conditional offer of a contract, volunteer position, or
employment. The request shall be accompanied by a release signed by the

                                     - 1404 -
current or prospective employee, volunteer, or contractor. If that person
individual has a record of a substantiated report, the commissioner shall
provide the registry information;
      (4) a person or organization serving vulnerable adults by assisting with
employer functions, offering, providing, or arranging for home sharing, or
providing personal care services, developmental services, or mental health
services for vulnerable adults. The person or organization may submit a
request concerning an individual who has applied to provide such services or
an individual who is already so engaged. The request shall be in writing and
shall be accompanied by a release from the person applying for or already
providing such services. If the person has a record of a substantiated report,
the commissioner shall provide the registry information;
      (4)(5) the commissioner of social and rehabilitation services, or the
commissioner’s designee, for purposes related to the licensing or registration
of facilities regulated by the department of social and rehabilitation services;
      (6) the commissioner of developmental and mental health services, or
the commissioner’s designee, for purposes related to oversight and monitoring
of persons who are served by or compensated with funds provided by the
department of developmental and mental health services, including persons to
whom a conditional offer of employment has been made; and
      (7) upon request or when relevant to other states’ adult protective
services offices.
                                     ***
  (g) Volunteers shall be considered employees for purposes of this section.
Sec. 7. 33 V.S.A. § 6913 is amended to read:
§ 6913. PENALTIES; DEFERRED SENTENCING; CRIMINAL SEXUAL
        ACTIVITY BY CAREGIVER; ABUSE; NEGLECT;
        EXPLOITATION
  (a) Any person who engages in abuse, as defined in section subdivision
6902(1)(B) or (C) of this title shall be fined not more than $10,000.00 or be
imprisoned not more than 18 months, or both.
  (b) Any person who willfully engages in exploitation as defined in section
6902(7)(A) subdivision 6902(6)(A), (B) or (C) of this title, shall be fined not
more than $10,000.00 or be imprisoned for not more than 18 months, or both.
   (c) Any caregiver who purposely, knowingly or recklessly fails to provide
subsistence or medical or other care necessary for the well-being of an elderly
                                   - 1405 -
or disabled adult neglects a vulnerable adult as defined in subdivision 6902(7)
of this title shall be fined not more than $10,000.00 or be imprisoned for not
more than 18 months, or both.
   (d) Any caregiver who engages in any sexual activity with an elderly or
disabled abuse of a vulnerable adult while providing a service for which he or
she receives financial compensation in violation of subdivision 6902(1)(D) of
this title shall be fined not more than $10,000.00 or be imprisoned not more
than two years, or both.
   (e) Any mandatory reporter as defined in section subdivision 6903(a)(1)
and, (2), (3), (4) and (5) of this title that willfully violates section subsection
6903(a) of this title shall be fined not more than $500.00 or be imprisoned for
not more than one year, or both.
   (f) Notwithstanding the limitation of 13 V.S.A. § 7041(a), a court may, on
the motion of a party or on its own motion, with or without the consent of the
state’s attorney, defer sentencing and place the defendant on probation upon
such terms and conditions as it may require.
Sec. 8. 33 V.S.A. § 6914 is amended to read:
§ 6914. ACCESS TO CRIMINAL RECORDS
   The commissioner may obtain from the Vermont crime information center
the record of convictions of any person to the extent that the commissioner has
determined by rule that such information is necessary to protect elderly or
disabled adults.
   (a)(b) An employer may ask the commissioner Vermont crime information
center for the record of convictions of a person who is a current employee,
volunteer or contractor or a person to whom the employer has given a
conditional offer of a contract, volunteer position, or employment. The request
shall be in writing and shall be accompanied by a release by the current or
prospective contractor or employee. If the person has a record of convictions,
the commissioner Vermont crime information center shall inform the employer
of the date and type of conviction.
   (b) A person or organization serving vulnerable adults by assisting with
employer functions, offering, providing, or arranging for home sharing, or
providing personal care services, developmental services or mental health
services for vulnerable adults may submit a request to the Vermont crime
information center concerning an individual who has applied to provide such
services or an individual who is already so engaged. The request shall be in
writing, and shall be accompanied by a release from the individual applying for
or already providing such services. If the individual has a record of

                                     - 1406 -
convictions, the Vermont crime information center shall inform the person or
organization submitting the request of the date and type of conviction.
   (c) The commissioner of social and rehabilitation services, or the
commissioner’s designee, for purposes related to the licensing and registration
of facilities regulated by the department of social and rehabilitation services or
oversight or monitoring of persons who are served by or compensated with
funds provided by the department, may ask the Vermont crime information
center for the record of convictions of a person who is a current employee,
volunteer or contractor or a person to whom the employer has given a
conditional offer of a contract, volunteer position or employment. If the
individual has a record of convictions, the Vermont crime information center
shall inform the commissioner, or the commissioner’s designee, of the date and
type of conviction.
    (d) The commissioner of developmental and mental health services, or the
commissioner’s designee, for purposes related to oversight and monitoring of
persons who are served by or compensated with funds provided by the
department of developmental and mental health services, may ask the Vermont
crime information center for the record of convictions of a person who is a
current employee, volunteer or contractor or a person to whom the employer
has given a conditional offer of a contract, volunteer position or employment.
If the individual has a record of convictions, the Vermont crime information
center shall inform the commissioner, or the commissioner’s designee, of the
date and type of conviction.
   (c)(e) Information released to an employer under this section shall not be
released or disclosed by the employer to any person. Any person who violates
this subsection shall be fined not more than $500.00.
   (f) Volunteers shall be considered employees for purposes of this section.
Sec. 9. 33 V.S.A. § 6931 is amended to read:
§ 6931. DEFINITIONS
   In addition to the definitions in section 6902 of this title, for the purposes of
this subchapter, “interested person” means a guardian representative of the
elderly or disabled vulnerable adult, the commissioner of the department of
aging and disabilities, or the commissioner’s designee.
Sec. 10. 33 V.S.A. § 6933 is amended to read:
§ 6933. REQUEST FOR RELIEF
   (a) An elderly or disabled A vulnerable adult or an interested person on
behalf of an elderly or disabled a vulnerable adult may seek relief from abuse,

                                     - 1407 -
neglect or exploitation by filing a petition requesting one or both of the
following orders:
      (1) That the defendant refrain from abusing, neglecting or exploiting the
elderly or disabled vulnerable adult.
                                     ***
Sec. 11. 33 V.S.A. § 6935(a) is amended to read:
   (a) If the court finds that the defendant has abused, neglected or exploited
the elderly or disabled vulnerable adult, the court shall make such order as it
deems necessary to protect the elderly or abused vulnerable adult. The
plaintiff shall have the burden of proving abuse, neglect or exploitation by a
preponderance of the evidence. Relief shall be granted for a fixed period of
time, at the expiration of which the court may extend any order, upon motion
of the plaintiff, for such additional time as it deems necessary to protect the
elderly or disabled vulnerable adult from abuse, neglect or exploitation. The
court may modify its order at any subsequent time upon motion by either party
and a showing of a substantial change in circumstances. If the motion for
extension or modification of the order is made by an interested person, notice
shall be provided to the vulnerable adult, and the court shall determine whether
the vulnerable adult is capable of expressing his or her wishes with respect to
the motion and, if so, whether the vulnerable adult wishes to request an
extension or modification. If the court determines the vulnerable adult is
capable of expressing his or her wishes and does not wish to pursue the
motion, the court shall dismiss the motion.
Sec. 12. 33 V.S.A. § 6936(a) is amended to read:
   (a) In accordance with the Family Court Rules for Family Proceedings,
temporary orders under this subchapter may be issued ex parte, without notice
to the defendant, upon motion and findings by the court that the defendant has
abused, neglected or exploited the elderly or disabled vulnerable adult and that
serious and irreparable harm to the physical health or financial interests of the
elderly or disabled vulnerable adult will result without ex parte relief.
Sec. 13. 33 V.S.A. § 309 is amended to read:
§ 309. ACCESS TO RECORDS
    (a) The commissioner may obtain from the Vermont crime information
center the record of convictions of any person to the extent the commissioner
has determined by rule that such information is necessary to regulate a facility
or individual subject to regulation by the department. The commissioner shall
first notify the person whose record is being requested.
                                      ***
                                    - 1408 -
   (e) As used in this section,:
      (1) “Commissioner” means the commissioner or the commissioner’s
designee.
      (2) “Employee” shall include volunteers.
      (3) “Substantiated reports of child abuse” mean report means reports of
child abuse substantiated under section 4915 of this title.
      (4) “Volunteer” means an individual who without compensation
provides services through a public or private organization.
Sec. 14. 33 V.S.A. § 4912(11) is added to read:
§ 4912. DEFINITIONS
   As used in this subchapter:
                                      ***
       (11) “Covered entity” means an employer, contractor, or organization
that is regulated, certified, licensed, designated, or contracted with to provide
care, custody, treatment or supervision of children, the elderly, vulnerable
adults, or persons with disabilities, whose license, registration, certification,
designation, or other similar status may be jeopardized by the employment of a
specific individual with a substantiated report of child abuse or a substantiated
report of abuse, neglect, or exploitation of a vulnerable adult.
Sec. 15. 33 V.S.A. § 4919 is amended to read:
§ 4919. DISCLOSURE OF INFORMATION
   (a) The commissioner or the commissioner’s designee shall disclose the
existence of a substantiated report of child abuse or abuse, neglect, or
exploitation of a vulnerable adult, to the owner or operator of a facility
regulated by the department for the purpose of informing the owner or operator
that employment of a specific individual may result in loss of license or
registration.
                                      ***
    (d) The secretary of the agency of human services may authorize the
commissioner to disclose the existence of a substantiated report of child abuse
or a substantiated report of abuse, neglect or exploitation of a vulnerable adult
to:
      (1) an owner or operator of a facility;
      (2) a person who is determined to be a covered entity; or

                                    - 1409 -
      (3) a person who is authorized by the agency to make an offer of
employment, if such information is used to determine whether to hire a
specific individual providing care, custody, treatment, or supervision of
children, the elderly, vulnerable adults, or persons with disabilities.
   (e) Volunteers shall be considered employees for purposes of this section.
Sec. 16. STATUTORY REVISION
   In 33 V.S.A. chapter 69, §§ 6901-6941 (reports of abuse, neglect and
exploitation), “an elderly and disabled adult” is changed to “a vulnerable
adult”; “elderly and disabled adults” is changed to “vulnerable adults”; “an
elderly or disabled adult” is changed to “a vulnerable adult”; “the elderly or
disabled adult” is changed to “the vulnerable adult”; and “elderly or disabled
adults” is changed to “vulnerable adults”.
Sec. 17. REPEAL
   14 V.S.A. chapter 111, subchapter 11 (Powers of Attorney) is repealed.
(Committee vote: 11-0-0)
   (For text see Senate Journal 3/20/02 pp.444-508; 3/21/02 – pp. 537-544 )
                                       S. 243
   An act relating to a cardiovascular health coalition.
    Rep. Connell of Warren, for the Committee on Health and Welfare,
recommends that the House propose to the Senate that the bill be amended by
striking all after the enacting clause and inserting in lieu thereof the following:
Sec. 1. LEGISLATIVE FINDINGS
    The General Assembly finds that heart disease is the leading cause of death
and stroke is the third-leading cause of death in the United States, and physical
inactivity is the single greatest risk factor for this disease. Physical inactivity
has great personal and social consequences. One in four adults in the United
States is obese, and more than 60 percent of Americans are overweight.
Increasing opportunities for physical activity and healthy nutrition in a
community can have enormous benefits for society and can lower greatly
health care costs.
Sec. 2. 18 V.S.A. § 11 is added to read:
§ 11. CARDIOVASCULAR HEALTH; COALITION
   The department of health shall:
        (1) Form a coalition to be known as “champps,” coalition for healthy
activity, motivation and prevention programs.
                                     - 1410 -
        (2) Include in the coalition interested parties that initially address
cardiovascular disease and stroke risk factors, including, but not limited to:
legislators; the commissioners, or their respective designees, of state agencies,
such as the departments of agriculture, food and markets, education, forests,
parks and recreation, public safety, and transportation; municipalities;
representatives of the business community; the Governor’s Council on
Physical Fitness and Sports; the University of Vermont College of Medicine;
hospitals; agricultural and nutritional initiatives; and organizations whose
missions are associated with promoting heart health and reducing heart disease
and stroke, such as the American Cancer Society, the Diabetes Association,
and the Heart Association. As needed, coalition members shall provide
technical assistance, data sources, model intervention programs, entry into
organizations and populations, and promotional support.
        (3) Meet, gather testimony and other information, and hold public
hearings as necessary to develop the capacity to define the cardiovascular
disease and stroke burden on the state, and publish a cardiovascular disease
and stroke burden document, which shall include:
           (A) a description of the burden of cardiovascular disease and stroke
and related risk factors;
           (B) a description of the geographic and demographic distribution
of cardiovascular disease and stroke;
            (C) identification of trends in cardiovascular disease and stroke,
including trends in mortality, age of onset of disease, and age at death; and
           (D) mortality data, hospital discharge data, and behavioral risk
factor surveillance system data.
        (4) Develop an inventory of policy and environmental supports related
to cardiovascular and stroke risk factors.
       (5) Develop a cardiovascular and stroke health state plan, using
Healthy Vermonters 2010 as a framework. The plan shall be submitted to the
governor, the secretary of human services, and the general assembly on or
before December 1, 2004, and shall include:
           (A) a summary of the burdens of cardiovascular disease on the
state;
            (B) challenges or obstacles to chronic disease prevention that
require legislative, administrative, and community solutions;
           (C)    strengths and successes contributing to chronic disease
prevention;

                                    - 1411 -
           (D) risk factors associated with chronic disease;
           (E) strategies for promoting cardiovascular health, and reducing
the burden of cardiovascular disease and related risk factors;
           (F) the needs of priority populations; and
           (G) any other information relevant to eligibility for funding from
the United States Department of Health and Human Services, Centers for
Disease Control and Prevention, or from other public or private sources, to
support cardiovascular health programs.
Sec. 3. 18 V.S.A. § 5248 is added to read:
§ 5248. ANATOMICAL GIFT REGISTRY
     (a) The department of health, in coordination with the department of motor
vehicles, shall develop and maintain a registry identifying persons who have
authorized a document of an anatomical gift. The registry shall be maintained
in a secured database that provides authorized organ procurement
organizations, tissue banks, and eye banks immediate access to the registry at
all times. All persons entered in the registry shall have the right to revoke or
amend their document of gift as provided in this chapter. In no event shall the
data be accessed or used for any purpose unrelated to the making of anatomical
gifts.
    (b) The commissioner is authorized to contract with a qualified entity to
assist with the development and maintenance of the anatomical gift registry,
and to secure grants to cover the costs of the registry.
    (c) The commissioner of health and the commissioner of motor vehicles
shall adopt rules pursuant to chapter 25 of Title 3 for implementing their
respective roles in the development and maintenance of the registry, including
interdepartmental coordination, and the security of, and limitations on, access
to the computerized data.
Sec. 4 APPROPRIATION
   The sum of $10,000 is appropriated from the general fund to the department
of health in fiscal year 2003, to accomplish the purpose of this act.
(Committee vote: 10-0-1)
   (For text see Senate Journal 3/19/02 pp. 427-429 )
                       Senate Proposals of Amendment
                                      H. 450
   An act relating to trout fishing and fee fishing.

                                     - 1412 -
   The Senate proposes 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”
   (For text see House Journal 3/29/01 – pp. 637)
                                      H. 518
   An act relating to joint fiduciary accounts in financial institutions.
  The Senate proposes 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
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.
   (For text see House Journal 1/30/02 – pp. 180)
                                      H. 625
  An act relating to authorizing certain material to be placed on motor vehicle
windshields.
   The Senate proposes 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:


                                     - 1413 -
       (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 two 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
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.
   (For text see House Journal 3/14/02 – pp. 507; 4/30/02 – pp. 1078)
                                     H. 750
   An act relating to arrest without a warrant.
   The Senate proposes to the House to amend the bill by striking out 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
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
                                    - 1414 -
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;
         (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,


                                     - 1415 -
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.
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.
                                     - 1416 -
   (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.
     (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.
                                     - 1417 -
     (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.
   (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.

                                      - 1418 -
   (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
         (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
                                     - 1419 -
         (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
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. 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. 4. 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:
                                     - 1420 -
     (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.
  (For text see House Journal 2/26/02 – pp. 376)
                                      H. 763
   An act relating to capital construction, state bonding and the department of
corrections.
       The Senate proposes 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


                                      - 1421 -
   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)
      (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)
                                   - 1422 -
      (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
(Total appropriation – Section 2                                   $2,950,000)
Sec. 3. JUDICIARY
   (a) The sum of $2,975,000 is appropriated to the department of buildings
and general services for the judiciary for phase one construction of the Rutland
courthouse.
   (b) The sum of $25,000 is appropriated to the department of buildings and
general services for the judiciary 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                                 $3,000,000)
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


                                    - 1423 -
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:
      (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)

                                    - 1424 -
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
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


                                   - 1425 -
   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
     (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 on state lands, 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)
                                    - 1426 -
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 and
natural resources and energy 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
   (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 and natural resources and energy 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
                                   - 1427 -
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
       (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

                                    - 1428 -
      (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
   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
   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                                    $37,970)
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)
                                     - 1429 -
(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
   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
                                   - 1430 -
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):
       (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

                                    - 1431 -
   (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
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
                                    - 1432 -
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
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.



                                    - 1433 -
      (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.
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

                                      - 1434 -
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
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
                                      - 1435 -
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
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. [Deleted]
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.

                                       - 1436 -
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
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 and
natural resources and energy 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

                                    - 1437 -
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
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.


                                   - 1438 -
   (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
  (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
                                    - 1439 -
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.
   (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
                                    - 1440 -
cost-effective alternatives for housing inmates in any out-of-state correctional
facility.
Sec. 44a.   CONDITIONAL               REENTRY;           DEPARTMENT          OF
CORRECTIONS
    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;


                                    - 1441 -
      (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:
§ 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. 44 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
                                     - 1442 -
commission the substance of Sec. 44 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:
§ 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, some of which have been identified as Abenaki, 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.

                                    - 1443 -
       (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.
   (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

                                    - 1444 -
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
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
STUDY AND PLAN
    The commissioner of buildings and general services shall apply to the
Village of Old Bennington for all necessary municipal and village permits,
including any required variance, to enable the state to illuminate the
Bennington Battle Monument. The commissioner shall develop and present to
the town and village a proposed lighting plan no later than December 15, 2002,
and present to the House and Senate Institutions Committees on or before
February 15, 2003 a final lighting plan together with a proposed budget which
may include legislative action necessary to enable the monument to be
illuminated.
                  * * * 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
                               - 1445 -
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;
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


                                     - 1446 -
   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
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. 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.
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;

                                    - 1447 -
            (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.
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

                                    - 1448 -
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 and natural resources and energy committees
on or before January 15, 2003.
   (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* * *

                                    - 1449 -
Sec. 58. [Deleted]
                          * * * 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
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 +/-
                                   - 1450 -
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
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. [Deleted]
Sec. 62. [Deleted]
Sec. 63. [Deleted]
Sec. 64. [Deleted]
Sec. 65. [Deleted]
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
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

                                    - 1451 -
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. [Deleted]
          * * * Criminal Justice and Fire Service Training Council * * *
Sec. 68. FIRE DEPARTMENT AND FIRE DISTRICT FINANCING AND
STRUCTURAL STUDY
   (a) The General Assembly finds:
      (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

                                     - 1452 -
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
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. [Deleted]
   On October 1, 2003, the statutory section amended by Sec. 59 of this act
shall revert to the language that it contained before passage of this act.
Sec. 72. EFFECTIVE DATE
                                    - 1453 -
   (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.
   (For text see House Journal 4/30/02 – p. 1080; 5/1/02 – p. 1118)
                                     H. 767
   An act relating to executive branch fees.
      The Senate proposes to the House to amend the bill as follows:
   First: By adding a new section to be numbered Sec. 2b to read as follows:
Sec. 2b. 21 V.S.A. § 252(h) and (i) are added to read:
   (h) The department approves stamped architectural plans by issuing a plan
review letter. If upon final inspection the department requires structural
changes or additional life safety, or accessibility modifications that are not
identified in the plan review letter and not the result of design or construction
changes by the owner, the owner or architect may:
       (1) apply for a variance or exemption as provided in subsection (e) of
this section, or sections 252a or 273 of this Title; and
      (2) if the variance or exemption request is denied, apply to the
commissioner for a refund of some or all of the plan review fee paid for the
project.
   (i) The decisions of the commissioner, pursuant to subsection (h) of this
section, shall be final. The commissioner shall adopt rules to carry out the
provisions of subsection (h) of this section. Subsection (h) of this section shall
not apply to design or construction changes necessary to comply with an
alternative method of life safety code or accessibility compliance requested by
the owner after the plan review.
    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 $60.00
   Fourth: By adding two new sections to be numbered Secs. 36a and 36b to
read as follows:
                                - 1454 -
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
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: In Sec. 43, by amending 9 V.S.A. § 2730(f)(1), by striking “$14.00”
and inserting in lieu thereof $15.00
   Sixth: In Sec. 53, by striking out “$0.08” and inserting in lieu thereof $0.06
and by striking out “$0.06” and inserting in lieu thereof $0.04
   Seventh: By adding a new section to be numbered Sec. 53a to read as
follows:
Sec. 53a. AGENCY OF NATURAL RESOURCES MANAGEMENT STUDY
    The secretary of the agency of natural resources shall conduct an analysis of
its fiscal operations and how to operate in the most cost-effective manner to
ensure proper accounting procedures. The agency shall report its findings and
recommendations to the Vermont general assembly no later than January 15,
2003.
   Eighth: 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
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.
                                    - 1455 -
   Ninth: In Sec. 60 (Sunset), by adding a new subsection (d) to read:
   (d) Sec. 65, (purchase and use tax exemption for donations of cars) is
repealed on July 1, 2004.
   Tenth: By adding a new section to be numbered 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 section to be numbered 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;
   Twelfth: By adding a new section to be numbered Sec. 64 to read as
follows:
Sec. 64. 32 V.S.A. § 1715(a) is amended to read:
    (a) Upon payment of a $7.00 $12.00 fee, the commissioner of health or the
commissioner of buildings and general services shall provide certified copies
of vital records or shall ascertain and certify what the vital records available to
the commissioners show, except that the commissioners shall not copy the
word "illegitimate" from any birth certificate furnished. The fee for the search
of the vital records is $3.00 which is credited toward the fee for the first
certified copy based upon the search. Pursuant to subdivision 603(2) of this
title, these fees may be adjusted.
   Thirteenth: By adding a new section to be numbered Sec. 65 to read as
follows:
Sec. 65. 32 V.S.A. § 8911(21) is added to read:

                                     - 1456 -
      (21) a motor vehicle registered at the pleasure car rate:
         (A) donated to a Vermont resident having a total income of no more
than 185 percent of the federal poverty level as designated by a Vermont state
agency, a regional office of economic opportunity, or a Vermont charitable
entity that has a principal purpose of providing automobiles to low income
persons in this state, and which is exempt under Section 501(c)(3) of the
Internal Revenue Code; and
          (B) donated by an organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue Code and that has a
principal purpose of providing automobiles to low income persons in this state,
or by a licensed automobile dealer.
   Fourteenth: By adding a new section to be numbered Sec. 66 to read as
follows:
Sec. 66. 21 V.S.A. § 1338(j) is added to read:
   (j) Each individual receiving a weekly benefit on or after July 1, 2002 shall
receive an additional benefit calculated by multiplying the weekly benefit
amount, as calculated pursuant to this section, times .055. Such additional
benefits shall be paid until the benefits paid under this subsection total $16
million.
   Fifteenth: By adding a new section to be numbered Sec. 67 to read as
follows:
Sec. 67. ADDITIONAL UNEMPLOYMENT COMPENSATION
   Any individual who has exhausted all rights to regular unemployment
compensation after March 15, 2001 and does not qualify for temporary
extended unemployment compensation under the Reed Act, Pub. L. No.107-
147 solely because of the work standard in Section 202 (d)(2)(A) of that Act
shall be eligible for up to 13 weeks of additional unemployment compensation.
Such additional unemployment compensation shall not be charged to the
experience rating of any employer.
   (For text see House Journal 4/25/02 – p. 1050)
                      Report Committee of Conference
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.


                                    - 1457 -
   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:
                                   - 1458 -
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
                                   - 1459 -
    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
                                      ***

                                  - 1460 -
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
                                    - 1461 -
    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
                                  - 1462 -
    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
                                   - 1463 -
            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

                                   - 1464 -
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
                                     - 1465 -
   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:
                                    - 1466 -
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
                                    - 1467 -
       (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
                                   - 1468 -
       (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

                                    - 1469 -
      (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
                                    - 1470 -
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

                                    - 1471 -
      (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
                                    - 1472 -
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
                                    - 1473 -
    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
                                   - 1474 -
   (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




                                    - 1475 -
   (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
                                     - 1476 -
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 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
  (For text see House Journal 2/5/02 – p. 232; 2/6/02 – p. 246; 2/27/02 – p.
389-)
                            Concurrent Resolution
   The following joint concurrent resolutions have been introduced for
approval by the House and will be adopted automatically unless a member
requests floor consideration before the end of the session of the next legislative
day. Requests for floor consideration should be communicated to the Clerk of
the House or to a member of the Clerk’s office staff.
                                  J.C.R.H. 22
  Joint concurrent resolution congratulating the Vergennes Union High
School 2001 Commodores Division II championship girls’ soccer team
   Offered by: Representatives Houston of Ferrisburgh and Ryan of Waltham
   Whereas, the 2001 Vergennes Union High School girls’ soccer team was
aiming for a championship title which it had not won since 1983, and

                                     - 1477 -
   Whereas, throughout the regular season, the young women Commodores
demonstrated a command of the game’s finer points and scoring strategies
compiling a 7-4-1 record and earning a second seed Division II playoff berth,
and
   Whereas, by defeating Oxbow Union and U-32, the Commodores entered
the much anticipated October 27 championship contest against the Montpelier
High School Solons, and
   Whereas, while the Commodores outshot the Solons 13-12, the pivotal
scoring moment occurred when Vergennes senior Erika Miner directed a free
kick ball on a 35-yard trajectory into the goal zone for a 1-0 Commodore
victory, and
  Whereas, the superb defensive skills of Vergennes goalie Danielle
Heffernan were in top form as she made six saves, marking her ninth shutout in
2001, and
   Whereas, Commodores Erika Miner, Rachel Gallien and Danielle Heffernan
earned all-state honors, and
   Whereas, all the Vergennes Union High School 2001 girls’ soccer players,
including Rumsey Bristow, Lilah Ross, Hilary Austin, Eliza Benton, Emily
Kipp, Heather Bedard, Jennifer Litch, Nicole McClay, Bethany Shorey,
Amanda Brigan, Kristen Eddington, Erika Miner, Jessica McGrath, Katy
Hatch, Betsey Barrows, Stephanie Dugan, Rachel Gallien, Danielle Heffernan,
Alicia Catchapaw and Leslie Kinson, and team manager Julie Haaijema, are to
be complimented for a job well done, and
   Whereas, the Commodores Coach, Doug Hawley, the 2001 Lyons Cup
winner, and Assistant Coach Jon Yarnell deserve praise for their dedication
and leadership, now therefore be it
  Resolved by the Senate and House of Representatives:
   That the General Assembly congratulates the 2001 Vergennes Union High
School Commodores Division II championship girls’ soccer team, and be it
further
   Resolved: That the Secretary of State be directed to send a copy of this
resolution to Athletic Director Sandra Chicoine Wagner at Vergennes Union
High School.
                                Ordered to Lie
                                   H. 630
  An act relating to sale of malt and vinous beverages.

                                   - 1478 -
Pending Action: Third reading of the bill.
                                   H. 674
   An act relating to the development of railroad infrastructure through an
exemption from the Act 250 process.
  Pending Question: Shall the bill be read a third time?
                                    S. 241
   An act relating to auricular acupuncture for the treatment of alcoholism,
substance abuse or chemical dependency.
Pending Action: Reports of the Committees on Government Operations and
Ways and Means.
                                 J.R.H. 208
   Joint resolution congratulating Kelly Clark on winning the gold medal in
the women’s halfpipe competition at the 2002 Winter Olympics.
Pending Question: Shall the House adopt the resolution?
                                 J.R.H. 209
   Joint resolution congratulating Ross Powers on winning the gold medal in
the men’s halfpipe competition at the 2002 Winter Olympics.
Pending Question: Shall the House adopt the resolution?




                                   - 1479 -
                                   INDEX
                              Action Calendar
   No.      Subject                         Action           Page
H. 548   Olmstead Advisory Commission Third Reading          1377
H. 599   Elevator safety review board       Third Reading    1377
H. 691   Emergency Mangmnt Monument. Third Reading           1377
S. 222   Improving Restitution Procedures Third Reading      1377
H. 208   Downtown Development Board         Senate Prop      1377
                         Concurrent Resolutions
JCRH. 21 Sally Molloy                       Joint Rule 16a   1383
                              Notice Calendar
H. 740   Department of tourism&marketing Second Reading      1383
S. 8     Survivors of firefighters          Second Reading   1385
S. 224   Exploitation of elderly & disabled Second Reading   1388
S. 243   Cardiovascular health coalition    Second Reading   1410
H. 450   Trout fishing and fee fishing      Senate Prop      1412
H. 518   Fiduciary accounts                 Senate Prop      1413
H. 625   Material placed on windshields.    Senate Prop      1413
H. 750   Arrest without a warrant           Senate Prop      1414
H. 763   Capital construction               Senate Prop      1421
H. 767   Executive branch fees              Senate Prop      1454
H. 646   Budget Bill                        Comm Conf        1457
                           Concurrent Resolutions
JCRH. 22 Vergennes HS 2001 girls’ soccer Joint Rule 16a      1477




                                - 1480 -

				
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