AutoFill Template - Vermont General Assembly · Web viewWhereas, Brian Clark’s offensive skill, including precision kicking, resulting in five successful point after conversions

Journal of the House________________

THURSDAY, MAY 9, 2002

At nine o'clock and thirty minutes in the forenoon the Speaker called the House to order.

Devotional Exercises

Devotional exercises were conducted by Speaker Walter Freed of Dorset

Message from the Senate No. 66

A message was received from the Senate by Mr. Gibson, its Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has considered a bill originating in the House of the following title:

H. 766. An act relating to appropriations for the support of government.

And has passed the same in concurrence with proposals of amendment in the adoption of which the concurrence of the House is requested.

Message from Governor

A message was received from His Excellency, the Governor, by Ms. Kate O’Connor, Secretary of Civil and Military Affairs, as follows:

Mr. Speaker:

I am directed by the Governor to inform the House that on the eighth day of May, 2002, he approved and signed bills originating in the House of the following titles:

H. 85 An act relating to Medicare supplemental health insuranceH. 186 An act relating to the licensing of insurance producersH. 489 An act relating to roadside dog salesH. 569 An act relating to prohibiting sale of grave markersH. 675 An act to create a fund to provide pay reimbursement to public

and private health care providers while performing disaster relief services

1257

JOURNAL OF THE HOUSE 1258

Joint Resolution Referred to Committee

J.R.H. 274

Reps. Barney of Highgate, Amidon of Charlotte, Anderson of Woodstock, Bohi of Hartford, Brooks of Montpelier, Cross of Winooski, Darrow of Dummerston, Donovan of Burlington, Emmons of Springfield, Hooker of Rutland City, Howrigan of Fairfield, Jordan of Middlesex, Little of Shelburne, Mann of Leicester, Maslack of Poultney, Milkey of Brattleboro, Miller of Shaftsbury, Nuovo of Middlebury, Osman of Plainfield, Paquin of Fairfax, Partridge of Windham, Randall of Bradford, Rusten of Halifax, Sweaney of Windsor, Tracy of Burlington, Vinton of Colchester, Wheeler of Burlington and Woodward of Johnson offered a joint resolution, entitled

Joint resolution strongly urging the federal government to respect and protect fundamental civil liberties;

Whereas, on September 11, 2001, life in the United States changed forever as our nation was struck in multiple coordinated terrorist attacks against the epicenters of the United States’ financial and military sectors, resulting in thousands of deaths, and

Whereas, on September 18, 2001, the President signed Public Law 107-40, the Authorization for Use of Military Force Joint Resolution, and

Whereas, in the months since the September 11 further terrorists attacks, in various forms against United states targets have reminded the nation of the continuing lethal threat to public safety, and

Whereas, this legislature is very supportive of the war on terrorism to protect the United States against future terrorist attacks on our national homeland, and

Whereas, shortly after the September terrorist attacks, President Bush requested Congress to immediately adopt legislation providing new law enforcement powers authorizing a variety of expanded domestic surveillance activities, and

Whereas, a month later, on October 25, 2001, after extensive Congressional debate, the President signed Public Law 107-56, the USA Patriot Act of 2001, and

Whereas, under the USA Patriot Act, the federal government will now have greater leeway to engage in domestic intelligence activities, contrary to Congress’ original 1947 legislative mandate, and

Whereas, historically-confidential grand jury information may now be shared with federal law enforcement authorities in some cases, and

1259 THURSDAY, MAY 9, 2002

Whereas, under newly-adopted federal regulations, certain attorney-client conversations in federal prisons will now be subject to audio-monitoring, and

Whereas, on November 13, 2001, the President established a system of military tribunals to try designated aliens captured by United States forces under guidelines in conflict with traditional principles of American military justice, and

Whereas, before the President signed this historic legislation, some members of Congress who voted for the USA Patriot Act sought to remind the nation about past abuses of federal surveillance and intelligence authority, and

Whereas, equally important with defending the nation against acts of terrorism, the federal government must protect and respect the fundamental civil liberties upon which our country was founded, and

Whereas, in this new and difficult period in our nation’s history, it is imperative to remember past instances where, when faced with similar challenges, civil liberties were not always protected, including the adoption of the Alien and Sedition Acts of 1798 and the establishment of the Japanese internment camps during World War II, and

Whereas, eternal vigilance is essential in order to preserve our civil liberties, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly strongly urges our federal legislative and executive branch leaders to remain sensitive to the crucial importance of preserving civil liberties, the bulwark of our democracy, even when combating international terrorism that may directly affect our own shores, and be it further

Resolved: That the Secretary of State be directed to send a copy of this resolution to the President of the United States, the U.S. Attorney General, the Speaker of the U.S. House of Representatives, the majority and minority leaders in both houses of the U.S. Congress, and the members of the Vermont Congressional Delegation.

Which was read and, in the Speaker’s discretion, treated as a bill and referred to the committee on Judiciary.

House Resolutions Placed on Calendar

The Speaker placed before the House the following resolutions which were read and in the Speaker’s discretion, placed on the Calendar for action tomorrow under Rule 52.


H.R. 52

House resolution congratulating the 2001 Woodstock Union High School Wasps Division III championship football team

Offered by: Representative Anderson of Woodstock

Whereas, the Woodstock Union High School Wasps football team commenced the 2001 season with the intent of repeating as Division III champions for a second consecutive year, and

Whereas, all season long, as the Wasps defeated each successive challenger, it became apparent Woodstock Union High School was a team possessing extraordinary football prowess, and

Whereas, the number one-seeded Wasps were well-prepared to face their Division III championship game opponent, the Windsor High School Yellow Jackets, and

Whereas, in what proved to be an exciting contest, the Yellow Jackets were first on the scoreboard, but the Wasps left the field at halftime, holding a 17-14 lead, and

Whereas, despite the Yellow Jackets’ resuming the lead early in the third quarter, Jeremy Kendall scored a touchdown with 2:12 remaining in the period, placing Woodstock on top for the game’s duration, and

Whereas, Brian Clark’s offensive skill, including precision kicking, resulting in five successful point-after conversions and a 28-yard field goal, and rushing for 133 yards, were pivotal elements in Woodstock’s 38-21 victory, and

Whereas, not only was Woodstock undefeated in 2001, but the Wasps also outscored their opponents 403 to 146, and

Whereas, every member of the team, including cocaptains Chris Southworth and Jeff Tracy, and their fellow teammates Fred Turner, Jeremy Kendall, Steve Schaub, John Hummel, James Nadeau, Alex Halpert, Brian Clark, Guy Rilleau, Ian Kennedy, Jake Olsen, Scott Coriell, Abe Blanchard, Robert Doton, Tim Thody, Max Pilsmaker, Zack Cook, D’Allah Laffoon, Marcus Lambert, Kyle Lewis, Justin Zonay, Ezrah Lemieux, Keegan Moriarty, John Blanchard, Hank Rodrigues, Kevin Geiskie, Justin Quinn, Tyler Webster, Kerry Mitchell, Jakub Cogswell, Reid Webster, Adam Lynch and Alex Zonay, played an outstanding caliber of football, and

Whereas, Head Coach Jim McLaughlin, and his able assistants Chuck Worrell, Ramsey Worrell and Zack Scott served as outstanding mentors, now therefore be it


Resolved by the House of Representatives:

That the General Assembly congratulates the 2001 Woodstock Union High School Wasps Division III championship football team, and be it further

Resolved: That the Assistant Clerk of the House be directed to send a copy of this resolution to Jim McLaughlin at Woodstock Union High School.

H.R. 53

House resolution honoring Sandra Nutting for her “Hugs Pillows” project

Offered by: Representatives Randall of Bradford and Mann of Leicester

Whereas, Sandra Nutting of Bradford is a wonderfully caring wife, mother and grandmother who is deeply committed to her family and helping others, and

Whereas, David’s House, named in memory of David Cyr, a young leukemia victim who died tragically at the age of five, serves as a warm and comforting temporary residence for families with children from across the United States and many foreign countries, being treated at the Dartmouth-Hitchcock Medical Center in Lebanon, New Hampshire, and

Whereas, Sandy had volunteered, in various capacities, at David’s House since it was established, and

Whereas, several years ago, Sandy, who sewed special pillows for her grandchildren, decided the children at David’s House would find similar pillows a comforting gift, and

Whereas, she embarked, at great personal sacrifice, on the “Hugs Pillows” project, enlisting the help of her many friends whose donations have included time, labor, materials, financial contributions and critical fundraising assistance, and

Whereas, Sandy and her dedicated volunteers create “Hugs Pillows” in a travel size for the young patients’ own use, and smaller ones for their beanie babies, teddy bears and dolls, and

Whereas, these wonderful gifts of cheer now number well in excess of 600, and

Whereas, many of these colorful pillows were sewn on Sandy’s mother’s 75-year-old sewing machine until a generous woman in Maine donated a far newer replacement, and

Whereas, all Sandy asks from others is a voluntary contribution without any force or coercion by government, and


Whereas, Sandy and her volunteers have brought a small bundle of comfort to children and their families who are truly appreciative of these gifts, and

Whereas, Sandy is the essence of true compassion, the voluntary giving to others of oneself and one’s possessions, now therefore be it

Resolved by House of Representatives:

That Sandra Nutting of Bradford is to be commended and honored for the far-reaching and positive effects of her “Hugs Pillows” project, and be it further

Resolved: That the Assistant Clerk of the House be directed to send a copy of this resolution to Sandy Nutting in Bradford.

H.R. 54

House resolution congratulating the 2002 Oxbow Union High School Olympians Division II girls basketball champions

Offered by: Representatives Randall of Bradford and Otterman of Topsham

Whereas, the 2001-2002 Oxbow Union High School Olympians girls basketball team can best be described as a powerful squad as it defeated every Vermont-based opponent, and

Whereas, with the enviable record of 21-1 as they entered the Division II championship game at the Barre Auditorium against the seventh-seeded Montpelier High School Solons, the pressure was surely on to clinch a resounding victory, and

Whereas, these fine young women athletes remained at ease, despite an initial six-point Montpelier scoring run which left the Olympians with a 6-5 deficit at the first quarter’s conclusion, and

Whereas, in the two minutes immediately preceding the halftime intermission, the Olympians scored seven consecutive points to secure a 24-22 lead at the game’s midpoint, and

Whereas, on three occasions in the third quarter, sophomore Felicia Garrett controlled the ball the length of the court, resulting in two lay-ups and a free-throw shot for five of her 13 game points which, combined with her nine steals, made for an impressive display of basketball prowess, and

Whereas, senior, and leading game scorer, Kagan Prouty, earned six of her 16 points early in the fourth quarter with two consecutive three-point plays, and


Whereas, when the game was over, the Olympians had more than lived up to their stellar reputation, winning the Division II championship by a score of 60-45, and

Whereas, all of the highly-talented Olympians, including Rachael Pierson, Felicia Garrett, Corinna Martino, Emy Medlicott, Ashley White, Rachel Longto, Victoria Danforth, Kagan Prouty, Lisa Welch, Kelley Keating and Kathryn Welch, merit commendation for outstanding effort, and

Whereas, Coach Brian Musty’s direction and support provided an important added incentive for the Olympians’ victories, both in the final game and all season long, now therefore be it

Resolved by the House of Representatives:

That the General Assembly congratulates the 2002 Oxbow Union High School Olympians Division II girls basketball champions, and be it further

Resolved: That the Assistant Clerk of the House be directed to send a copy of this resolution to Brian Musty at Oxbow Union High School.

Bill Referred to Committee on Ways and Means

H. 740

House bill, entitled

An act relating to a funding formula for the department of tourism and marketing;

Appearing on the Calendar, affecting the revenue of the state, under the rule, was referred to the committee on Ways and Means.

Bill Referred to Committee on Appropriations

S. 8


An act relating to benefits for the survivors of firefighters;

Appearing on the Calendar, carrying an appropriation, under rule 35a, was referred to the committee on Appropriations.

Committee Relieved of Considerationand Bill Placed on Calendar for Notice

S. 196

Rep. Palmer of Pownal moved that the committee on General, Housing and Military Affairs be relieved of Senate bill entitled


An act relating to an employee of a licensee providing alcohol to a person under 21 during a compliance check;

Which was agreed to. Thereupon, under the rule, the bill was placed on the Calendar for notice tomorrow.

Bill and Resolutions Called Up

Rep. Hube of Londonderry severally called up the following Senate bill and resolutions which had been ordered to lie.

S. 241

An act relating to auricular acupuncture for the treatment of alcoholism, substance abuse or chemical dependency;

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

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

Thereupon, under the rule, the bill and resolutions were ordered placed on the Calendar for action on the next legislative day.

Bill Amended, Read Third Time and Passed

H. 548


An act relating to the creation of an Olmstead Advisory Commission;

Was taken up and pending third reading of the bill, Rep. Brooks of Montpelier moved to amend the bill as follows:

In Sec. 3, in § 3096(c), by striking the second sentence.

Which was agreed to. Thereupon, the bill was read the third time and passed.

Third Reading; Bills Passed

House bills of the following titles were severally taken up, read the third time and passed:

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.

Third Reading; Bill Passed in ConcurrenceWith Proposal of Amendment

S. 222

Senate bill, entitled

An act relating to improving restitution procedures;

Was taken up, read the third time and passed in concurrence with proposal of amendment.

Action Postponed

H. 208

The Senate proposes to the House to amend House bill, entitled

An act relating to the Vermont downtown development board;

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, 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

(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 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 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.

(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.

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.

Pending the question, Shall the House concur in the Senate proposal of amendment? on motion of Rep. Colvin of Bennington, action on the bill was postponed until the next legislative day.

Rules Suspended;Senate Proposal of Amendment Concurred in

H. 450

On motion of Rep. Tracy of Burlington, the rules were suspended and House bill, entitled

An act relating to trout fishing and fee fishing;

Appearing on the Calendar for notice, was taken up for immediate consideration.

The Senate proposed to the House to amend the bill by striking 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”

Which proposal of amendment was considered and concurred in.

Rules Suspended;Senate Proposal of Amendment Concurred in

H. 625



An act relating to authorizing certain material to be placed on motor vehicle windshields



Sec. 1. 23 V.S.A. § 1125(a) is amended to read:

(a) Except as otherwise provided, a No person shall not paste, stick or paint advertising matter or other things on or over any transparent part of a motor vehicle windshield, vent windows or side windows located immediately to the left and right of the operator, nor hang any object, other than a rear view mirror, in back of the windshield except as follows:

(1) in a space not over four inches high and 12 inches long in the lower right hand 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.

Which proposal of amendment was considered and concurred in.

Rules Suspended;Senate Proposal of Amendment Not Concurred in;

Committee of Conference Requested and Appointed


H. 750


An act relating to arrest without a warrant


The Senate proposes to the House to amend the bill as follows:

By striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1. LEGISLATIVE INTENT

In subsection (b) of the rule regarding arrest without a warrant for a misdemeanor committed in an officer’s presence, the phrase “while the crime is being committed or without unreasonable delay” has not yet been interpreted by Vermont courts. How long a delay is deemed to be reasonable where a person has committed or is committing a misdemeanor in the presence of an officer will necessarily depend on particular factual circumstances. As one author has noted, at common law, the failure to take prompt action was conclusive evidence that there was no necessity to take the offender into custody. FISHER LAW OF ARREST § 87, at 189; William A. Schroeder, Warrantless Misdemeanor Arrests and the Fourth Amendment, 58 Mo. L. Rev. 771, 851 (1993). On the other hand, where the delay is caused by “fresh pursuit” of the offender, that traditional doctrine clearly meets the test of “without unreasonable delay.” See FISHER, supra , at 182. Schroeder would require “exigent circumstances” to justify warrantless arrests for misdemeanors committed outside the arresting officer’s presence. Schroeder, supra , 851, 853. The passage of time compelled by “exigent circumstances,” as fresh pursuit, that are integrally related to the course of events beginning with the officer’s observation of the misdemeanor and leading to the moment of apprehension, constitutes reasonable delay. No specific limits in seconds or minutes is intended by the phrase “without unreasonable delay,” but it is equally clear that arrest must follow promptly after it is feasible under the facts and circumstances of a particular case.

Sec. 2. Rule 3 of the Vermont Rules of Criminal Procedure is amended to read:

RULE 3. ARREST WITHOUT A WARRANT; CITATION TO APPEAR

(a) Arrest Without a Warrant for a Felony Offense. A law enforcement officer may arrest without warrant a person whom the officer has probable


cause to believe has committed or is committing a crime in the presence of the officer. Such an arrest shall be made while the crime is being committed or without unreasonable delay thereafter. An officer may also arrest a person without warrant in the following situations: felony.

(1) when the officer has probable cause to believe a person has committed or is committing a felony;

(2) when the officer has probable cause to believe:

(A) that a person has violated an abuse prevention order issued by a court in this state pursuant to Chapter 21 of Title 15 or Chapter 69 of Title 33;

(B) that a person has violated a foreign abuse prevention order issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia;

(C) that a person has committed a misdemeanor which involves an assault against a family member, or against a household member as defined in 15 V.S.A. § 1101(2), or a child of such a family or household member;

(D) that a person has committed a misdemeanor which involves an assault against, or sexual activity as defined in 33 V.S.A. § 6902(11) with,

(i) an individual over the age of 60, or

(ii) an adult whom the officer has reason to believe has a disability which prevents the adult from providing his or her own care or protection, or

(iii) a minor child of such an individual or adult,

or that a person has abused, as defined in 33 V.S.A. § 6902(1), such an individual, adult, or child; or

(E) that a person has violated a hate-motivated crime injunction pursuant to chapter 33 of Title 13.

(3) when the officer has probable cause to believe that a person has committed a misdemeanor and the person has refused to identify himself or herself when requested by the officer. An arrest under this subdivision shall be made without unreasonable delay after the alleged offense was committed, and not thereafter. In the case of an arrest under this subdivision, the person may be detained only until he or she is identified;

(4) when the officer has probable cause to believe that a person has committed a misdemeanor and, if not immediately arrested, will cause personal injury or damage to property. An arrest under this subdivision shall be made


without unreasonable delay after the alleged offense was committed, and not thereafter;

(5) when the officer has probable cause to believe a person has committed or is committing a violation of 23 V.S.A. § 1128 or 23 V.S.A. § 1201;

(6) when the officer has probable cause to believe: (i) that a person who is the subject of a judicial order commanding him or her to appear at a specified time and place or be subject to arrest has, without just cause, failed to appear as ordered; or (ii) that a person has violated a condition of release relating to a restriction on travel or a condition that he or she not directly contact, harass or cause to be harassed a victim or potential witness;

(7) pursuant to the authority granted by 28 V.S.A. § 551 pertaining to persons on parole, the authority granted under 28 V.S.A. § 363 pertaining to persons serving supervised community sentence, and the authority granted by 28 V.S.A. § 301 pertaining to persons on probation.

Probable cause shall be based on the same evidence required for issuance of a summons or warrant under Rule 4(b). If arrest is not authorized under this rule, an officer may issue the person a citation to appear before a judicial officer.

(b) Arrest Without a Warrant for a Misdemeanor Offense Committed in the Presence of an Officer. A law enforcement officer may arrest without a warrant a person whom the officer has probable cause to believe has committed or is committing a misdemeanor in the presence of the officer. Such an arrest shall be made while the crime is being committed or without unreasonable delay.

(c) Nonwitnessed Misdemeanor Offenses. If an officer has probable cause to believe a person has committed or is committing a misdemeanor outside the presence of the officer, the officer may issue a citation to appear before a judicial officer in lieu of arrest. The officer may arrest the person without a warrant if the officer has probable cause to believe:

(1) The person has failed to provide satisfactory proof of identity.

(2) Arrest is necessary to obtain nontestimonial evidence upon the person or within the reach of the person, including an evidentiary test for purposes of determining blood alcohol content.

(3) Arrest is necessary to prevent the continuation of the criminal conduct for which the person was detained or to prevent harm to the person detained.


(4) The person has no ties to the community reasonably sufficient to assure his or her appearance, or there is a likelihood that he or she will refuse to respond to a citation.

(5) The person has previously failed to appear in response to a citation, summons, warrant, or other court order issued in connection with the same or another offense.

(6) The person has violated an abuse prevention order issued by a court in this state pursuant to 15 V.S.A. chapter 21.

(7) The person has violated a foreign abuse prevention order issued by a court in any other state, federally-recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia.

(8) The person has committed a misdemeanor which involves an assault against a family member, or against a household member, as defined in 15 V.S.A. § 1101(2), or a child of such a family or household member .

(9) The person has violated 33 V.S.A. § 6913(d) (sexual activity between a caregiver and an elderly or disabled adult).

(10) The person has abused, as defined in 33 V.S.A. § 6902(1):

(A) a person over the age of 60;

(B) an adult whom the officer has reason to believe has a disability which prevents the adult from providing his or her own care or protection; or

(C) a minor child of such person.

(11) The person has violated 23 V.S.A. § 1201 (operating a vehicle under the influence), and has a prior conviction under section 1201.

(12) The person has violated a hate-motivated crime injunction issued pursuant to chapter 33 of Title 13.

(13) The person has violated a condition of release that relates to:

(A) a restriction on travel, including curfew;

(B) the operation of a motor vehicle; or

(C) direct or indirect contact or harassment of a victim or potential witness.

(14) The person has violated 13 V.S.A. § 1062 (stalking).

(15) The person has violated 13 V.S.A. § 1023 (simple assault).


(d) Persons under the Supervision of the Commissioner of Corrections. A law enforcement officer may arrest without a warrant a person under the supervision of the commissioner of corrections:

(1) pursuant to 28 V.S.A. § 301, if the person is on probation and a correctional officer believes the person has violated a condition of his or her probation; or

(2) pursuant to 28 V.S.A. § 363, if the person is serving a supervised community sentence, and a correctional officer believes the person has violated a condition of his or her supervised community sentence; or

(3) pursuant to 28 V.S.A. § 551, if the person is on parole, and a correctional officer believes the person has violated a condition of his or her parole; or

(4) pursuant to 28 V.S.A. § 808, if the person is on furlough, and the law enforcement officer or a correctional officer believes the person has violated a condition of his or her furlough.

(e) Continuation of Custody for Felony Offenses. A person who has been arrested without a warrant for a felony offense may be continued in custody unless the charge for which the arrest was made is reduced to a misdemeanor, and none of the exceptions in subsection (c) of this rule apply.

(f) Continuation of Custody for Misdemeanor Offenses. A person who has been arrested without a warrant for a misdemeanor offense shall be released on citation if:

(1) none of the exceptions in subsection (c) of this rule apply; or

(2) the arrest was made pursuant to an exception in subsection (c) of this rule, and the conditions or reasons for which the exception applied no longer exist and no other exception applies.

(b) Same. Procedure. (g) Appearance Before a Judicial Officer. A person arrested without a warrant shall either be released in accordance with subdivision (c) of this rule or and not released on a citation shall be brought before the nearest available judicial officer without unnecessary delay. The information and affidavit or sworn statement required by Rule 4(a) of these rules shall be filed with or made before the judicial officer when the arrested person is brought before him the judicial officer.

(c) Citation To Appear Before a Judicial Officer.

(1) Mandatory Issuance. A law enforcement officer acting without warrant who is authorized to arrest a person for a misdemeanor under subdivision (a) of this rule shall, except as provided in paragraph (2) of this


subdivision, issue a citation to appear before a judicial officer in lieu of arrest. In such circumstances, the law enforcement officer may stop and briefly detain such person for the purpose of determining whether any of the exceptions in paragraph (2) applies, and issuing a citation, but if no arrest is made, such detention shall not be deemed an. arrest for any purpose. When a person has been arrested without warrant, a citation to appear in lieu of continued custody shall be issued as provided in this rule if (A) the charge for which the arrest was made is reduced to a misdemeanor and none of the exceptions in paragraph (2) applies, or (B) the arrest was for a misdemeanor under one of the exceptions in paragraph (2) and the reasons for the exception no longer exist.

(2) Exceptions. The citation required in paragraph (1) of this subdivision need not be issued, and the person may be arrested or continued in custody, if

(A) A person subject to lawful arrest fails to identify himself satisfactorily; or

(B) Arrest is necessary to obtain nontestimonial evidence upon the person or within the reach of the arrested person; or

(C) Arrest is necessary to prevent bodily injury to the person arrested or to the person of another, harm to property, or continuation of the criminal conduct for which the arrest is made; or

(D) The person has no ties to the community reasonably sufficient to assure his appearance or there is a substantial likelihood that he will refuse to respond to a citation; or

(E) The person has previously failed to appear in response to a citation, summons, warrant or other order of court issued in connection with the same or another offense; or

(F) A situation described in subdivision (a)(2) is present; or

(G) The officer has probable cause to believe the person has a prior conviction of 23 V.S.A. § 1201 and has committed a second violation of 23 V.S.A. § 1201.

(3) Discretionary Issuance in Cases of Felony. A law enforcement officer acting without warrant may issue a citation to appear in lieu of arrestor continued custody to a person charged with any felony where arrest or continued custody is not patently necessary for the public safety and such facts as the officer is reasonably able to ascertain as to the person’s place and length of residence, family relationships, references, past and present employment, his


criminal record, and other relevant matters satisfy the officer that the person will appear in response to a citation.

(4)(h) Discretionary Issuance by Prosecuting Officer. A prosecuting officer may issue a citation to appear to any person whom the officer has probable cause to believe has committed a crime. The citation shall be served as provided for service of summons in Rule 4(f)(1) of these Rules rules. Probable cause shall be based upon the same evidence required for issuance of a summons or warrant under Rule 4(b) of these rules.

(5)(i) Form. The citation to appear shall be dated and signed by the issuing officer and shall state the name of the person to whom it is issued and the offense for which he or she would have been arrested or continued in custody. It shall direct the person to appear before a judicial officer at a stated time and place.

(6)(j) Filing Citation and Information with Judicial Officer. A copy of the citation to appear, signed by the issuing officer issuing it, and the information and affidavit or sworn statement required by Rule 4(a), of these 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:

(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.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Vinton of Colchester moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Flory of PittsfordRep. Kainen of HartfordRep. Vinton of Colchester



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:

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:


§ 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.

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:


(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:


(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:

(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.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Marron of Stowe moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Little of ShelburneRep. Livingston of ManchesterRep. Rusten of Halifax

Recess

At ten o’clock and twenty minutes in the forenoon, the Speaker declared a recess until ten o’clock and thirty-five minutes in the forenoon.

At ten o’clock and forty minutes in the forenoon, the Speaker called the House to order.


Rules Suspended;Senate Proposal of Amendment Concurred

in with a further Amendment thereto

H. 518


An act relating to joint fiduciary accounts in financial institutions;


The Senate proposed to the House to amend the bill as follows:

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.

Which proposal of amendment was considered and pending the question, Shall the House concur in the Senate proposal of amendment? Rep. Young of Orwell moved that the House concur in the Senate proposal of amendment with a further amendment thereto:

First: In Sec. 1, by striking 8 V.S.A. § 14212(j)

Second: By adding a new section, to be Sec. 5, to read as follows:

Sec. 5. REPORT

The Department of Banking, Insurance, Securities, and Health Care Administration shall submit a report to the Senate Committee on Finance and the House Committee on Commerce on the implementation of this act, on or before January 15, 2005. The purpose of this report is to ensure that this act has been fully implemented, that joint fiduciary accounts are commonly available and the consumers know about the availability and the purpose of these accounts.

Which was agreed to.


Rules Suspended;Report of Committee of Conference Adopted

H. 646


An act relating to providing adjustments in the amounts appropriated for the support of government;


The Speaker placed before the House the following Committee of Conference report:

To the Senate and House of Representatives:

The Committee of Conference to which were referred the disagreeing votes of the two Houses respectfully reports that it has met and considered the same and recommended 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. 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. 29. Tax - administration/collection



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


Total 11,631,607 12,831,607

* * *


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. 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


Total 4,750,000 4,732,000

* * *


Sec. 44. Sergeant at arms



Total 319,778 334,778

Source of funds

General fund 271,935 286,935


Total 319,778 334,778

* * *


Sec. 50. Total general government 95,689,610 96,675,421

Source of funds

General fund 41,157,308 42,156,919


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


Interdepartmental transfer 1,529,796 1,529,796

Total 95,689,610 96,675,421


Sec. 54. State's attorneys




Grants 120,000 120,000

Total 7,640,923 7,895,173

Source of funds

General fund 5,381,074 5,635,324





Total 7,640,923 7,895,173

* * *


Sec. 55. Sheriffs



Total 2,381,616 2,631,974

Source of funds

General fund 1,713,195 1,963,553


Total 2,381,616 2,631,974

* * *


Sec. 57. Defender general - assigned counsel



Total 2,275,943 2,439,143

Source of funds

General fund 2,015,937 2,179,137



Total 2,275,943 2,439,143

* * *


Sec. 62. Military - building maintenance



Total 1,230,638 1,501,016

Source of funds

General fund 1,195,638 1,466,016


Total 1,230,638 1,501,016


Sec. 68. Secretary of state



Grants 106,037 106,037

Total 3,290,945 3,313,895

Source of funds

General fund 504,676 527,626


Special funds 2,680,232 2,680,232


Total 3,290,945 3,313,895

* * *


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


Federal funds 27,379,787 27,379,787

Special funds 36,292,348 36,292,348


Enterprise funds 3,598,014 3,598,014


Total 156,366,946 157,328,082


Sec. 103. Corrections - corrections services



Grants 467,000 467,000

Total 72,782,472 72,882,472

Source of funds

General fund 70,362,241 70,462,241





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. 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. 131. Office of economic opportunity



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


Total 9,774,366 10,580,809

* * *



Sec. 139. Developmental and mental health services - central office



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. 140. Developmental and mental health services - community mental health



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


Total 72,607,513 72,480,513

* * *


Sec. 141. Developmental and mental health services – developmental

services



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



Total 80,932,643 80,217,643

* * *


Sec. 153. Total human services 1,054,416,690 1,051,324,632

Source of funds

General fund 330,713,854 331,078,854


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


Expendable trust 8,000 8,000

Total 1,054,416,690 1,051,324,632


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 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. 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. 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


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



Total 1,213,079,831 1,212,274,044


Sec. 187 Total higher education

and other 73,154,716 73,194,316

Source of funds

General fund 73,154,716 73,194,316


Sec. 217. Commerce and community development - agency of commerce and community development - administration and management planning



Total 1,412,198 1,444,192

Source of funds

General fund 1,346,539 1,378,533


Total 1,412,198 1,444,192

* * *


Sec. 218. Housing and community affairs



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. 224. Tourism and marketing



Grants 807,284 807,284

Total 5,086,998 5,286,998

Source of funds

General fund 4,851,564 4,851,564


Total 5,086,998 5,286,998

* * *


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


Enterprise funds 825,000 825,000

Total 55,181,539 55,313,533


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

(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

(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

(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 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

(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. 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 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

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

(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

(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 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.


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 BartlettJames P. LeddyRichard W. Sears, Jr.Committee on the part of the Senate

Richard A. WestmanFrank M. MazurMartha P. HeathCommittee on the part of the House

Which Committee of Conference report was considered and pending the question, Shall the House adopt the Committee of Conference report? Rep. LaBarge of Grand Isle demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House adopt the Committee of Conference report? was decided in the affirmative. Yeas, 132. Nays, 9.

Those who voted in the affirmative are:Adams of HartlandAllaire of Rutland CityAllard of St. Albans TownAmidon of CharlotteAnderson of WoodstockAngell of RandolphAswad of BurlingtonAtkins of WinooskiAudette of South BurlingtonBaker of West RutlandBarney of HighgateBohi of HartfordBolduc of BartonBolognani of ReadsboroBostic of St. JohnsburyBourdeau of Hyde ParkBrooks of Montpelier

Brown of WaldenClark of St. JohnsburyCleland of NorthfieldColvin of BenningtonConnell of WarrenCrawford of BurkeCross of WinooskiCrowley of West RutlandDakin of ColchesterDarrow of NewfaneDarrow of DummerstonDavis of CavendishDeen of WestminsterDePoy of Rutland CityDonovan of BurlingtonDostis of WaterburyDoyle of Richmond

Duffy of Rutland CityEmmons of SpringfieldEndres of MiltonFisher of LincolnFollett of SpringfieldGervais of EnosburgGrad of MoretownGray of Barre TownHall of Newport CityHeath of WestfordHooker of Rutland CityHouston of FerrisburghHowrigan of FairfieldHube of LondonderryHudson of LyndonHummel of UnderhillJohnson of Canaan


Jordan of MiddlesexKainen of HartfordKeenan of St. Albans CityKennedy of ChelseaKeogh of BurlingtonKetchum of BethelKilmartin of Newport CityKirker of EssexKitzmiller of MontpelierKoch of Barre TownKrawczyk of BenningtonLaBarge of Grand IsleLarocque of BarnetLarose of RichfordLarrabee of DanvilleLarson of BurlingtonLaVoie of SwantonLippert of HinesburgLittle of ShelburneLivingston of ManchesterMackinnon of SharonMann of LeicesterMarron of StoweMaslack of PoultneyMasland of ThetfordMazur of South BurlingtonMetzger of Milton

Milkey of BrattleboroMiller of ShaftsburyMonti of Barre CityMorrissey of BenningtonMullin of Rutland TownMyers of EssexNitka of LudlowNuovo of MiddleburyO'Donnell of VernonOsman of PlainfieldOtterman of TopshamPalmer of PownalPartridge of WindhamPeaslee of GuildhallPembroke of BenningtonPike of MendonPugh of South BurlingtonQuaid of WillistonReese of PomfretRogers of CastletonRosenquist of GeorgiaRusten of HalifaxRyan of WalthamSchaefer of ColchesterSchiavone of ShelburneScribner of BristolSeibert of Norwich

Severance of ColchesterShaw of DerbySheltra of DerbySmith of New HavenStarr of TroyStevens of EssexSweaney of WindsorSweetser of EssexSymington of JerichoTowne of BerlinTracy of BurlingtonValliere of Barre CityVincent of WaterburyVinton of ColchesterWaite of PawletWebster of BrattleboroWebster of RandolphWeeks of WallingfordWestman of CambridgeWheeler of BurlingtonWillett of St. Albans CityWinters of SwantonWinters of WilliamstownWood of BrandonWoodward of JohnsonWright of BurlingtonYoung of Orwell

Those who voted in the negative are:Driscoll of BurlingtonGoodridge of AlbanyHingtgen of Burlington

Kiss of BurlingtonMolloy of ArlingtonObuchowski of Rockingham

Paquin of FairfaxRandall of BradfordZuckerman of Burlington

Those members absent with leave of the House and not voting are:Alfano of CalaisCarey of ChesterFlory of Pittsford

George of MiddleburyHaas of Rutland CityHelm of Castleton

Pillsbury of BrattleboroVoyer of Morristown

Rep. Paquin of Fairfax explained his vote as follows:

“Mr. Speaker:

Though I respect and agree with most of the decisions implicit in this compromise, my no is offered in recognition of the difficult burden we place on families supporting folks with developmental disabilities.”

Bills Messaged to Senate Forthwith

On motion of Rep. Tracy of Burlington, the rules were suspended and the following bills were ordered messaged to the Senate forthwith:


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

Senate bill, entitled

An act relating to improving restitution procedures;

H. 750


An act relating to arrest without a warrant

H. 767


An act relating to executive branch fees

H. 518


An act relating to joint fiduciary accounts in financial institutions;

Rules Suspended; Action Ordered Messaged to Senate Forthwith and Bills Delivered to the Governor Forthwith

On motion of Rep. Tracy of Burlington, the rules were suspended and action on the bills were ordered messaged to the Senate forthwith and the bills delivered to the Governor forthwith.

H. 450


An act relating to trout fishing and fee fishing;

H. 625



An act relating to authorizing certain material to be placed on motor vehicle windshields

H. 646


An act relating to providing adjustments in the amounts appropriated for the support of government;

Recess

At eleven o’clock and seventeen minutes in the forenoon, the Speaker declared a recess until the fall of the gavel.

At twelve o’clock and five minutes in the afternoon, the Speaker called the House to order.


A message was received from the Senate by Mr. Marshall, its Assistant Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that the Senate has on its part adopted a joint resolution of the following title:

J.R.S. 141. Joint resolution relating to weekend adjournment.

In the adoption of which the concurrence of the House is requested.

The President pro tempore announced a change by the Committee on Committees in the members on the part of the Senate of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title:

H. 29. An act relating to the date of calculation of payments to or from the education fund.

Senator ShumlinSenator GreenwoodSenator Welch

Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on the following House bills the President pro tempo announced the appointment as members of such Committees on the part of the Senate:

H. 239. An act relating to the Financial Services Development tax Credit.


Senator CummingsSenator BahreSenator Shumlin

H. 753. An act relating to income and estate taxes.

Senator ShumlinSenator CummingsSenator Crowley


Committee of Conference Requested and Appointed;Rules Suspended and Bill Ordered Messaged to Senate Forthwith

H. 763


An act relating to capital construction, state bonding and the department of corrections;



Sec. 1a. SHORT TITLE

This act may be referred to as the 2002 Capital Construction Bill or the 2002 Capital Construction Act.

* * * Capital Appropriations * * *

Sec. 1b. STATE BUILDINGS

The sum of $17,642,974 is appropriated to the department of buildings and general services, and the commissioner is authorized to direct funds appropriated in this section to the projects contained in this section; however, no project shall be cancelled unless the chairs of the house and senate committees on institutions are notified before that action is taken. The individual appropriations in this section are estimates only.

(1)(A) Barre, McFarland House, state office building, renovation: (1,000,000)

(B) Bennington, state office building, 324 Main Street, incorporation of renewable energy systems, including geothermal heating and cooling:


(305,000)

(C) Department of health laboratory and criminal justice forensic science laboratory, colocation, study of possible sites and development of conceptual design: (200,000)

(2) Middlesex, capital area day care, renovations: (65,000)

(3) Montpelier, 133 State Street, phase one renovations: (4,493,974)

(4) Montpelier, Vermont Mutual Insurance Co., purchaseof building: (3,200,000)

(5) Montpelier, State House, planning and design of addition and purchase of furniture for first floor committee rooms; provided the special committee established in Sec. 2(b) of No. 61 of the Acts of 2001 shall oversee the planning, design, and purchases, and shall be responsible for space assignment and use: (750,000)

(6) Montpelier, Vermont Historical Society, renovations to Pavilion Building: (1,000,000)

(7) Montpelier, Vermont liquor control building, upgrades to ventilation system: (150,000)

(8) Newport, Glen Road, state’s total share of major reconstruction, pass-through for use by the City of Newport to reconstruct the road to a construction standard and in accordance with a plan approved by the commissioner of buildings and general services: (334,000)

(9) Statewide, major maintenance: (4,600,000)

(10) Statewide, Americans with Disabilities Act, accessibility to public buildings: (500,000)

(11) Statewide, contingency fund: (595,000)

(12) Statewide, building reuse: (125,000)

(13) Statewide, planning: (35,000)

(14) Statewide, roof replacement, phase three: (250,000)

(15) Statewide, State House, historic flag conservation: (40,000)

(Total appropriation – Section 1b $17,642,974)

Sec. 2. HUMAN SERVICES

The following sums are appropriated to the department of buildings and general services for the agency of human services for:


(1) Springfield, Southern State Correctional Facility, phase two construction completion: 2,000,000

(2) Statewide, district office security renovations: 50,000

(3) Statewide, correctional facilities, security and life safety improvements:

450,000

(4) South Burlington, Chittenden Regional Correctional Facility, installation of sprinkler: 450,000

(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.


Sec. 4. COMMERCE AND COMMUNITY DEVELOPMENT

(a)(1) The sum of $200,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for major maintenance at historic sites statewide.

(2) The sum of $500,000 is appropriated to the agency of commerce and community development for renovations at historic sites. The agency of commerce and community development is authorized to direct funds appropriated in this subdivision to the projects listed below; however, no project shall be cancelled unless the chairs of the house and senate committees on institutions are notified before that action is taken. The individual amounts in this subdivision are estimates only:

(A) Bennington, Bennington Battle monument, stairway and cast iron repairs: (115,000)

(B) Bennington, Bennington Battle monument, gift shop repairs:(20,000)

(C) Calais, Kent Tavern museum, wall stabilization: (100,000)


(D) Hubbardton, Hubbardton Revolutionary War battlefield, for restoration of the Fuller House, the Fuller House barn, and the schoolhouse:

(220,000)

(E) Orwell, Mount Independence state historic site, construction of secure storage building for maintenance equipment: (25,000)

(F) Strafford, Morrill Homestead, matching funds for transportation enhancement grant to design and construct a visitor/education building:

(40,000)

(b) The following sums are appropriated to the agency of commerce and community development, division for historic preservation for:

(1) Historic preservation grants: 125,000

(2) Historic barns and agricultural buildings grants; no additional consideration shall be given for a barn or agricultural building that is in active use: 125,000

(c) The sum of $40,000 is appropriated to the agency of commerce and community development for the cultural facilities grant program, for state grants, for use in making capital improvements, to be made available on a one - for-one matching basis with funds raised from nonstate sources. No such grant shall be available for a project receiving funding from any other appropriation of this act. This program shall be administered by the Vermont Arts Council, which may use up to six percent of the total amount appropriated to administer the program. The remaining appropriation shall be awarded on a competitive basis. In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the state.

(d) The sum of $5,000 is appropriated to the department of buildings and general services for use to develop the illumination plan for the Bennington Battle monument required in Sec. 49 of this act.

(Total appropriation – Section 4 $995,000)

Sec. 5. EDUCATION

(a) The following sums are appropriated to the department of education for:

(1) state aid for school construction projects pursuant to section 3448 of Title 16: 12,750,249

(2) state assistance to regional technical education centers and comprehensive high schools for the purchase of educational program


equipment, to be distributed in equal amounts to each center and high school with no local matching funds required: 250,000

(b) The following sums are appropriated to the department of buildings and general services for technical center projects:

(1) Chittenden County, Lake Champlain Regional Technical Center, for the department of buildings and general services to secure an option to lease, lease-purchase, or purchase a suitable site for the facility and for the Lake Champlain Regional Chamber of Commerce (LCRCC) to continue planning and design of the facility and its programming. The LCRCC shall provide a recommendation to the senate and house committees on institutions, on or before January 15, 2003, for a mechanism by which the region to be served, which region shall be defined in the recommendation, shall be provided an opportunity to approve or disapprove the concept of a Chittenden County 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.


Sec. 6. UNIVERSITY OF VERMONT

The sum of $3,250,000 is appropriated to the department of buildings and general services for the University of Vermont for renovation of the Given medical building; provided $250,000 of this appropriation shall be used for continued planning and design of the ground-up restoration of the Joseph E. Hills Agricultural Science Building.


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.


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) 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.


Sec. 9. MILITARY

(a) The sum of $150,000 is appropriated to the department of the military for various capital needs arising from physical plant emergencies and maintenance requirements.

(b) If, on or before January 1, 2003, the selectboard of the Town of Northfield and the trustees of the Village of Northfield vote to accept title to the state-owned National Guard armory in Northfield, pursuant to the terms of this subsection, and to dedicate that property to municipal use, then, upon certification by the commissioner of buildings and general services that the Vermont National Guard has been relocated from that armory, title to the armory shall be conveyed to the Town and Village of Northfield for the sum of $1.00.



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.


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


Sec. 12. CRIMINAL JUSTICE AND FIRE SERVICE TRAINING COUNCILS

The following sums are appropriated to the department of buildings and general services for the Vermont criminal justice and Vermont fire service training councils for the facility in Pittsford for:

(1) Miscellaneous repairs to facility and grounds: 15,000

(2) Window repairs on historic main building: 10,000

(3) Study regarding new classroom and dormitory space: 15,000

(4) Repair of gymnasium walls: 15,000


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.


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.


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) (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 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

(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 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.

(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.


(2) “Capitol complex commission” means a commission consisting of five members. Four members shall be appointed by the governor, with the advice and consent of the senate, for a term of three years. The fifth member shall be the chairman of the Montpelier planning commission appointed by the Montpelier city council for a term of two years. The chairman chair of the capitol complex commission shall be designated by the governor. No more than two members of the commission shall be residents of the city of Montpelier, and no member may be an exempt employee of the state of Vermont. The commissioner of buildings and general services shall be the executive secretary of the board and shall have no vote.

Sec. 29. 29 V.S.A. § 183(6) is added to read:

(6) Pursuant to the authority granted in subdivision (5) of this section, the capitol complex commission shall, by June 1, 2003, adopt rules and regulations to establish a transition zone or zones for the capitol complex district in order to maintain the public’s ability to see the district, and the state house, in particular, from surrounding areas, and to better enhance the aesthetics and cohesiveness of the capitol complex district.

Sec. 30. USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY IN THE TOWN OF DERBY; AUTHORIZATION

(a) Purpose. The general assembly finds, determines, and declares it is necessary and desirable to acquire the real property described in subsection (b) of this section in order to obtain access from U.S. Route 5 to the proposed North Country career and technical center in Newport, for the use and benefit of the citizens of the state of Vermont, and for the promotion of the general welfare.

(b) Definition. The real property that is the subject of this section, and that shall be referred to in this section as the “Sanville property,” is identified as a parcel of 4.407 acres, more or less, located on the northerly side of U.S.


Route 5 conveyed to Dustin and Maurice Sanville by warranty deed of Marcel Roberts and Real Desrochers, recorded October 19, 1987 in the town of Derby land records at book 108, page 238, subject to all liens of record. The Sanville property is depicted on a plan prepared by Blais Surveying Company dated April 13, 1978, and bearing the designation Map No. 147-8.

(c) Acquisition of Sanville property.

(1) The department of buildings and general services, pursuant to the declaration of purpose contained in subsection (a) of this section, may acquire the Sanville property as described in subsection (b) of this section, by exercise of the power of eminent domain, which is hereby conferred.

(2) If the department of buildings and general services elects to acquire the Sanville property by eminent domain, then the attorney general, on behalf of the department of buildings and general services, shall petition the Orleans superior court to issue its order of condemnation, vesting title to the Sanville property with the state and establishing the amount of compensation to be paid for the property. Copies of the petition shall be served on all persons holding an interest of record pursuant to the Vermont Rules of Civil Procedure.

(3) The Orleans superior court shall set the petition for hearing within 90 days after the filing thereof unless the hearing is waived, in writing, by all parties to the proceeding, including the state. Failure by the court to establish a hearing date as required by this subdivision shall not defeat or otherwise invalidate or nullify the petition.

(4) At the time set by the court for hearing the petition, any person holding an interest of record in the Sanville property may appear and be heard on the questions of necessity and compensation. At the conclusion of the hearing, or upon waiver of a hearing by all persons holding a lien or other recorded interest in the Sanville property, the court shall prepare its findings of fact and order on the questions of necessity and compensation. Any party to the proceeding, including the state, who appeared at the hearing and who is dissatisfied with the order of the court, or any part thereof, may appeal the order to the supreme court as provided in the Vermont Rules of Appellate Procedure.

(5) If the order of the court, when final, grants the petition, then the state shall, within the time prescribed by the order, by its check payable jointly to all persons having an interest of record, deliver in person or by mail to the person holding record fee title the amount prescribed by the order. Upon payment of the amount required by the court’s order, title to the Sanville property shall vest in the state. A copy of the court’s order shall be filed for record with the clerk of the town of Derby and with the secretary of state.


(d) Purchase or exchange. The state may purchase the Sanville property or an easement across the property directly from the owners if it can be accomplished at a price satisfactory to the department of buildings and general services. The state may enter into an agreement to exchange state lands for the Sanville property if exchange can be accomplished according to terms satisfactory to the department.

(e) The amount to be paid by the state in subdivision (c)(5) or in subsection (d) of this section shall be paid from any appropriation to the department of 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:


* * *

(13) Assure that electric heat for space heating is not used in new state buildings or in the reconstruction of state buildings, except where it is cost effective to do so on a life cycle cost basis. The commissioner shall develop a work plan to phase out the existing use of electric heat in state buildings, where it is cost effective to do so on a life cycle cost basis, and shall . The commissioner shall develop a work plan to use renewable energy sources as the primary source of heating, cooling, or both heating and cooling, in the construction or reconstruction of all state buildings, unless the commissioner certifies that it is not cost-effective to do so on a life cycle cost basis or that the up-front costs are not adequately funded from any source. Annually, on or before January 15, the commissioner shall report to the general assembly on the use of renewable energy sources in the construction or reconstruction of state buildings. The commissioner shall include in the annual budget requests to the general assembly work plans and budgets to accomplish this the phase-out of electric heat and the implementation of renewable energy systems in a timely fashion.

Sec. 33. DISTRICT HEATING IN MONTPELIER; STUDY

(a) A recent technical analysis of the existing wood-powered heating facility located behind 120 State Street in Montpelier studied the cost - effectiveness of extending pipes beyond the capital complex to create a community energy system that would heat other large municipal and private


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 the city. Proceeds from the sale shall be used to defray expenditures authorized in a future capital construction act.


(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.

(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 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 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;

(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.



§ 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 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.

(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 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) No twithstanding any provision of law to the contrary, the amount of an award for the construction or purchase of a new technical center building or additions or alterations to an existing technical center building for the following projects shall be 100 percent of the approved cost of the project:

(1) The North Country Career Center now located in Newport.

(2) Any portion of the combined technical center project dedicated specifically to the provision of state-approved technical education programming in Chittenden County; provided nothing in this section shall apply to any noncombined project providing technical education in Chittenden County.

(3) The Southeastern Vermont Career Education Center in Brattleboro.


(b) For purposes of determining when it shall receive its award, each of the technical centers identified in subsection (a) of this section shall maintain its position in the priority set forth in subsection (a). This section shall replace the process required in chapter 123 of Title 16 for these three technical centers; 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:


* * *

(25) In his or her discretion, be responsible for the design, construction, or purchase of any new buildings or alterations of existing buildings in connection with any technical center receiving funding under Title 16. All state construction aid for these projects shall be appropriated to the department of buildings and general services for this purpose. Such funds may be used to hire temporary or contract staff to assist with these responsibilities.

Sec. 52. MISSISQUOI VALLEY SCHOOL DISTRICT; MIDDLEBURY UNION HIGH SCHOOL DISTRICT #3; CONSTRUCTION AID AUTHORIZED

Notwithstanding any other provisions of law, including, but not limited to, subdivision 3448(a)(5) of Title 16, requiring approval of a final application by the state board of education as a precondition to receipt of school construction aid, the Missisquoi Valley School District (for replacing stucco detached from the building) and the Middlebury Union High School District #3 (for renovating the high school auditorium) may each receive 25 percent


construction aid for the state’s total share of costs incurred in 2001, which share shall not exceed $28,750.00 for the Missisquoi Valley School District and $186,000.00 for the Middlebury Union High School District #3, if such costs are deemed eligible by the commissioner of education under state board 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;

(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.


§ 1545. CREDITS AND GRADES EARNED

(a) Grades earned in a technical education course offered within a technical education program approved by the state board shall not be altered by any public or independent school in Vermont and shall be applied by the school toward any state or local graduation requirements in accordance with policies adopted by the school board of each sending school district. Such policies shall be adopted prior to the beginning of the school year in which the course is offered rules adopted by the state board. Any state board rules regarding earning of credits shall allow flexibility with respect to the integration of technical education and other academic courses.

(b) The credits earned for a technical education program approved by the state board shall be consistent with any state board rule and with the credit policies of the board responsible for operation of the technical center. These credits shall be honored by any public or independent school within Vermont and applied toward any state or local graduation requirement. Any state board rules regarding earning of credits shall allow flexibility with respect to the integration of technical education and other academic courses school district or


independent school graduation requirements exceeding the minimum number of credits required by the state board.

(c) For any student attending the Vermont academy for science and technology pursuant to section subsection 4011(e) of this title, the credits and grades earned shall, upon request of the student or the student’s parent or guardian, be applied toward graduation requirements at the Vermont high school which the student attended prior to enrolling in the academy.

Sec. 56. SCHOOL CONSTRUCTION; ENERGY EFFICIENCY; FEDERAL ENERGY STAR PROGRAM

(a) The department of education, in consultation with Efficiency Vermont, the department of public service, and the department of buildings and general services, shall prepare a proposed energy performance standard designed to increase energy efficiency in newly constructed or remodeled school buildings by at least ten percent above currently applicable energy standards. In preparing the proposed standard, the department shall examine existing programs in other states or nationally, including the federal Energy Star program. The department shall submit the proposed energy performance standard, together with a report of the analysis that underlies the standard, to the house and senate institutions 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

T hat portion of the funds appropriated in Sec. 6(a) of No. 61 of the Acts of 2001 identified by the state board of education for the Mount Anthony Middle School project shall remain allocated to that school district until April 15, 2003 or such time as the project receives final state board approval, whichever is earlier . If the funds have not been disbursed by April 15, 2003, then the general assembly may consider re-allocating the funds to another capital project.

* * * Judiciary* * *

Sec. 58. [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 +/- 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]


§ 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 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 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 * * *


§ 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.



(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.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Wood of Brandon moved that the House refuse to concur and ask for a Committee of Conference.

Pending the question, Shall the House refuse to concur in the Senate proposal of amendment and ask for a committee of conference? Rep. Tracy of Burlington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the House refuse to concur in the Senate proposal of amendment and ask for a committee of conference? was decided in the affirmative. Yeas, 92. Nays 47.

Those who voted in the affirmative are:Adams of HartlandAllaire of Rutland CityAllard of St. Albans TownAmidon of CharlotteAngell of RandolphBaker of West RutlandBarney of HighgateBolduc of BartonBostic of St. JohnsburyBourdeau of Hyde ParkBrown of WaldenClark of St. JohnsburyCleland of NorthfieldCrawford of BurkeCross of WinooskiCrowley of West RutlandDavis of CavendishDePoy of Rutland CityDuffy of Rutland CityEmmons of SpringfieldEndres of MiltonFollett of SpringfieldGeorge of MiddleburyGoodridge of AlbanyGray of Barre TownHaas of Rutland CityHall of Newport City

Houston of FerrisburghHowrigan of FairfieldHube of LondonderryHudson of LyndonJohnson of CanaanKainen of HartfordKennedy of ChelseaKetchum of BethelKilmartin of Newport CityKirker of EssexKoch of Barre TownKrawczyk of BenningtonLaBarge of Grand IsleLarose of RichfordLarrabee of DanvilleLaVoie of SwantonLittle of ShelburneLivingston of ManchesterMann of LeicesterMarron of StoweMaslack of PoultneyMazur of South BurlingtonMetzger of MiltonMolloy of ArlingtonMonti of Barre CityMorrissey of BenningtonMullin of Rutland Town

Myers of EssexNitka of LudlowO'Donnell of VernonOtterman of TopshamPalmer of PownalPeaslee of GuildhallPembroke of BenningtonPike of MendonPillsbury of BrattleboroQuaid of WillistonRandall of BradfordRogers of CastletonRosenquist of GeorgiaRusten of HalifaxSchaefer of ColchesterSchiavone of ShelburneScribner of BristolSeverance of ColchesterShaw of DerbySheltra of DerbySmith of New HavenStarr of TroyStevens of EssexSweetser of EssexTowne of BerlinValliere of Barre CityVinton of Colchester


Waite of PawletWebster of BrattleboroWebster of RandolphWeeks of Wallingford

Westman of CambridgeWillett of St. Albans CityWinters of SwantonWinters of Williamstown

Wood of BrandonWright of BurlingtonYoung of Orwell

Those who voted in the negative are:Alfano of CalaisAswad of BurlingtonAtkins of WinooskiAudette of South BurlingtonBohi of HartfordBolognani of ReadsboroBrooks of MontpelierConnell of WarrenDakin of ColchesterDarrow of NewfaneDarrow of DummerstonDeen of WestminsterDonovan of BurlingtonDostis of WaterburyDoyle of RichmondFisher of Lincoln

Gervais of EnosburgGrad of MoretownHeath of WestfordHooker of Rutland CityHummel of UnderhillJordan of MiddlesexKeenan of St. Albans CityKeogh of BurlingtonKiss of BurlingtonKitzmiller of MontpelierLarson of BurlingtonLippert of HinesburgMackinnon of SharonMasland of ThetfordMilkey of BrattleboroMiller of Shaftsbury

Nuovo of MiddleburyObuchowski of RockinghamOsman of PlainfieldPaquin of FairfaxPartridge of WindhamPugh of South BurlingtonReese of PomfretRyan of WalthamSeibert of NorwichSweaney of WindsorSymington of JerichoTracy of BurlingtonVincent of WaterburyWheeler of BurlingtonWoodward of Johnson

Those members absent with leave of the House and not voting are:Anderson of WoodstockCarey of ChesterColvin of BenningtonDriscoll of Burlington

Flory of PittsfordHelm of CastletonHingtgen of BurlingtonLarocque of Barnet

Voyer of MorristownZuckerman of Burlington

Rep. Cross of Winooski explained his vote as follows:

“Mr. Speaker:

I voted yes on this motion to not concur not because I think the House bill is superior to the Senates. I think both bills are bad. The Senate bill ignores important language related to technical education policy and includes higher education languge that is questionable. The House bill dillutes conservation policies and rewards select individuals. My yes vote is cast in hopes that the conference committee can craft a bill that solves these problems and is in the best interest of all Vermonters.”

Thereupon, the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Wood of BrandonRep. Larrabee of DanvilleRep. Allard of St. Albans Town


On motion of Rep. Tracy of Burlington, the rules were suspended and the bill was ordered messaged to the Senate forthwith.

Recess

At twelve o’clock and twenty-five minutes in the afternoon, the Speaker declared a recess until the fall of the gavel.

At two o’clock and fifty minutes in the afternoon, the Speaker called the House to order.



H. 766

Pending entrance of the bill on the Calendar for notice, on motion of Rep. Tracy of Burlington, the rules were suspended and House bill, entitled

An act making appropriations for the support of government;

Was taken up for immediate consideration.


Sec. 1. SHORT TITLE

(a) This bill may be referred to as the BIG BILL - Fiscal Year 2003 Appropriations Act.

Sec. 2. PURPOSE

(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2003. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2002. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2003 so as to meet this condition, unless otherwise directed by specific language in this act.

Sec. 3. APPROPRIATIONS


(a) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are declared to be single-year appropriations, and only for the purpose indicated. These appropriations shall be the only appropriations available, notwithstanding any other acts or laws. If, in this act, there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.

(b) Unless codified or otherwise specified, all narrative portions of this act apply only the fiscal year ending June 30, 2003.

Sec. 4. TIME AVAILABLE

(a) The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2003. The balance of any appropriations made in this act remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance, unless otherwise specified in this act. Refunds of expenditures and reimbursements, except liability insurance premiums, which have been paid from the appropriations of a prior year, shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year, unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended.

Sec. 5. DEFINITIONS

(a) For the purposes of this act:

(1) “Encumbrances” means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.

(2) “Grants” means subsidies, aid or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.

(3) “Operating expenses” means supplies - food, medical, clothing, educational, fuel, highway materials and similar items; contractual services -


postage, telephone, travel expenses, light, heat and power, rentals, insurance and other similar items; equipment articles of substantial value which have a long period of usefulness - desks, computers, typewriters, furniture, motor vehicles and similar items; expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items.

(4) “Personal services” means wages and salaries, consulting services, personnel benefits, personal injury benefits under section 636 of Title 21 of the Vermont Statutes Annotated and similar items.

Sec. 6. SOURCE OF FUNDS

(a) The appropriations made in this act are made for the fiscal year ending June 30, 2003 except as provided in this act, and are to be paid from funds shown as the source of funds.

Sec. 7. Secretary of administration - secretary’s office

Personal services 709,040Operating expenses 60,603

Total 769,643Source of funds

General fund 412,988Transportation fund 61,875Interdepartmental transfer 294,780

Total 769,643

Sec. 8. ANTI-TERRORISM AND BIO-TERRORISM CONTROL FEDERAL GRANTS

(a) To effectively manage federal funds received to support state and local anti-terrorism and bio-terrorism control efforts, the secretary of administration is directed to:

(1) Submit a plan for spending any funds to the general assembly if it is in session, otherwise to the joint fiscal committee at a regularly scheduled meeting. The plan shall specifically identify:

(A) any new base spending purposed;

(B) the duration of the federal grant;

(C) any commitments required by the federal government if a grant is accepted;


(D) if applicable under federal guidelines, funding for victim services and compensation planning as well as inclusion of the poison center’s role and funding needs in the plan.

(2) No plan submitted pursuant to subdivision (1) of this section shall become effective unless approved by the general assembly, if it is in session, otherwise by the joint fiscal committee.

Sec. 9. Secretary of administration - GOVnet

Personal services 383,058Operating expenses 1,356,092

Total 1,739,150Source of funds

Internal service funds 1,739,150

Sec. 10. Finance and management - financial operations

Personal services 1,280,477Operating expenses 988,363



Sec. 11. Finance and management - budget and management




Total 847,904

Sec. 12. Finance and management - education and functional support



Internal service funds 268,790

Sec. 13. Personnel - operations


Total 2,635,679


Source of fundsGeneral fund 1,331,651Transportation fund 521,530Special funds 48,000Internal service funds 696,994Interdepartmental transfer 37,504

Total 2,635,679

Sec. 14. Personnel - recruitment services



General fund 300,564Transportation fund 126,517Special funds 175,000

Total 602,081

Sec. 15. Personnel - employee benefits




Sec. 16. Libraries

Personal services 1,621,927Operating expenses 1,391,996Grants 404,920


General fund 2,182,809Special funds 50,300Federal funds 1,049,734Interdepartmental transfer 136,000

Total 3,418,843

Sec. 17. Libraries - special services: handicapped




General fund 88,292Special funds 1,000Federal funds 123,224

Total 212,516

Sec. 18. Tax - administration/collection

Personal services 9,077,300Operating expenses 2,363,705


General fund 10,636,283Transportation fund 263,785Special funds 367,937Tobacco fund 58,000Interdepartmental transfer 115,000

Total 11,441,005

Sec. 19. Tax - revenue and returns processing



General fund 1,282,086

Sec. 20. Buildings and general services - administration



Interdepartmental transfer 1,203,150

Sec. 21. Buildings and general services - engineering



General fund 1,650,528Transportation fund 233,254Interdepartmental transfer 65,000

Total 1,948,782

Sec. 22. Buildings and general services - information centers


Personal services 2,730,146Operating expenses 845,097Grants 255,000


General fund 497,519Transportation fund 3,332,724

Total 3,830,243

Sec. 23. Buildings and general services - purchasing



General fund 787,670Transportation fund 260,064

Total 1,047,734

Sec. 24. Buildings and general services - public records




Total 1,163,498

Sec. 25. Buildings and general services - postal



General fund 108,082Transportation fund 65,291Internal service funds 770,335

Total 943,708

Sec. 26. Buildings and general services - copy center


Total 1,537,709


Source of fundsInternal service funds 1,537,709

Sec. 27. Buildings and general services - supply center




Sec. 28. Buildings and general services - federal surplus property



Enterprise funds 160,633

Sec. 29. Buildings and general services - state surplus property




Sec. 30. Buildings and general services - property management




Sec. 31. Buildings and general services - all other insurance




Sec. 32. Buildings and general services - general liability insurance


Total 807,311


Source of fundsInternal service funds 807,311

Sec. 33. Buildings and general services - workers’ compensation insurance




(a) The establishment of one (1) new classified position - Loss Prevention Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 34. Buildings and general services - communications & information technology




Sec. 35. Buildings and general services - fee for space



General fund 573,016Internal service funds 13,608,403

Total 14,181,419

(a) The establishment of two (2) new classified positions - one (1) Maintenance Mechanic II, and one (1) Plant Maintenance Supervisor A - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 36. [Deleted]

Sec. 37. Geographic information system

Grants 405,603Source of funds

Special funds 405,603


Sec. 37a. REPEAL

(a) Sec. 4 of No. 204 of the Acts of 1994 (sunset on the geographic information system and its authority to enter into contracts), as amended by Sec. 1 of No. 143 of the Acts of 1998 and as further amended by Sec. 1 of No. 72 of the Acts of 2000, is repealed.

Sec. 38. Auditor of accounts



General fund 475,151Transportation fund 70,368Special funds 52,167Internal service funds 1,015,773

Total 1,613,459

Sec. 39. State treasurer



General fund 617,438Transportation fund 123,714Special funds 1,166,413Pension trust funds 545,000Private purpose trust funds 40,201

Total 2,492,766

(a) The conversion of one (1) limited service position - Accountant B - to permanent is authorized in fiscal year 2003.

Sec. 40. State treasurer - abandoned property



Private purpose trust funds 165,556

Sec. 41. Vermont state retirement system




Special funds 14,687,439

Sec. 41a. 3 V.S.A. § 455(a)(9) is amended to read:

(9) "Employee" shall mean (A) any regular officer or employee of the Vermont historical society or in a department other than a person included under (B) of this subdivision, who is employed for not less than 40 calendar weeks in a year, and (B) any regular officer or employee of the department of public safety assigned to police and law enforcement duties, including the commissioner of public safety appointed before July 1, 2001; but, irrespective of the member's classification, shall not include any member of the general assembly as such, any person who is covered by the Vermont teachers' retirement system, any person engaged under retainer or special agreement or C beneficiary employed by the department of public safety for not more than 208 hours per year, or any person whose principal source of income is other than state employment. In all cases of doubt, the retirement board shall determine whether any person is an employee as defined in this subchapter. Also included under (B) of this subdivision are employees of the department of liquor control who exercise law enforcement powers, employees of the department of fish and wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs employed by the state of Vermont, and investigators employed by the office of the attorney general, department of state's attorneys or office of the secretary of state, who have attained full-time certification from the Vermont criminal justice training council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. section 623(j), and full-time firefighters employed by the state of Vermont, who are first included in membership of the system on or after July 1, 2000. Also included under (B) of this subdivision are full-time firefighters employed by the state of Vermont.

Sec. 41b. FULL-TIME STATE FIREFIGHTERS; PARTICIPATION IN GROUP C PLAN

(a) Full-time firefighters employed by the state of Vermont who are not members of the Group C plan of the Vermont state retirement system shall be eligible to participate in the Group C plan. Participation in the Group C plan shall be in lieu of participation in any other plan of the Vermont state retirement system. Election to participate in the Group C plan is irrevocable.

(b) If, after July 1, 2004, a full-time firefighter employed by the state of Vermont has not elected to participate in the Group C plan of the Vermont


state retirement system, that employee shall remain in the Group F plan of the Vermont state retirement system.

Sec. 42. Municipal employees’ retirement system




Sec. 43. State labor relations board




Total 183,415

Sec. 44. Executive office



General fund 1,097,120Transportation fund 187,676Special funds 3,185Interdepartmental transfer 109,000

Total 1,396,981

Sec. 45. Executive office - national and community service

Personal services 153,402Operating expenses 95,219Grants 1,428,643


General fund 60,803Federal funds 1,616,461

Total 1,677,264


Sec. 46. Governor-elect



General fund 40,000

(a) The funds in this section are for costs incurred by the transitions of the executive office. No funds shall be used for inaugural celebrations. Any unexpended portion of these funds shall revert to the general fund.

Sec. 47. VOSHA review board



General fund 18,988Federal funds 19,376

Total 38,364

Sec. 48. [Deleted]

Sec. 49. Use tax reimbursement fund - municipal current use

Grants 5,100,000Source of funds

General fund 3,029,610Transportation fund 2,070,390

Total 5,100,000

Sec. 50. Lieutenant governor




Total 116,725

Sec. 51. Legislature




General fund 3,873,478Transportation fund 859,687

Total 4,733,165

(a) Of the above general fund appropriation, $20,000.00 shall be available for new member orientation.

(b) Of the above general fund appropriation, $50,000.00 shall be available to support the Northeast Legislative Association on Prescription Drug Pricing.

(c) It is the intent of the legislature that legislative leadership consider the use of unpaid recess of the legislature as appropriate and applicable should the budget presentation be delayed during the 2003 session due to transition of executive administration.

Sec. 52. Legislative council




Total 1,773,651

(a) User satisfaction with the ease and efficiency of electronic communications systems in the State House shall be a priority for the information technology division of the legislative council.





Total 382,900

(a) The establishment of one (1) new exempt position – Capitol Security Officer – is authorized in fiscal year 2003.

Sec. 53a. Sec. 44 of No. 63 of the Acts of 2001, as amended by Sec. 6 of H.646, is further amended to read:




Operating expenses 48,000 48,000 Total 334,778 345,778 Source of funds General fund 286,935 297,935 Transportation fund 47,843 47,843 Total 334,778 345,778

* * *

Sec. 54. Joint fiscal committee




Total 908,826

Sec. 54a. Sec. 45. of No. 63 of the Acts of 2001 is amended to read:

Sec. 45. Joint fiscal committee

Personal services 757,503 774,703 Operating expenses 35,783 35,783 Total 793,286 810,486 Source of funds General fund 634,915 652,115 Transportation fund 158,371 158,371 Total 793,286 810,486

Sec. 55. Lottery commission



Enterprise funds 1,871,463

(a) The commission shall include maximizing returns as a goal in advertising campaigns.

Sec. 56. Payments in lieu of taxes


General fund 1,250,000Special funds 1,150,000


Total 2,400,000

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

(b) The secretary of administration shall anticipate receipts in the PILOT special fund to ensure the total appropriation is available.

Sec. 57. Payments in lieu of taxes - Montpelier


General fund 184,000

Sec. 58. Payments in lieu of taxes - correctional facilities


General fund 40,000

Sec. 59. Total general government 107,153,699

Source of fundsGeneral fund 34,899,004Transportation fund 8,913,884Special funds 19,331,882Tobacco fund 58,000Federal funds 2,808,795Enterprise funds 2,032,096Internal service funds 36,295,777Pension trust funds 545,000Private purpose trust funds 205,757Interdepartmental transfer 2,063,504

Total 107,153,699

Sec. 60. Protection to persons and property - Attorney general



General fund 2,317,943Transportation fund 83,495Special funds 811,978Tobacco fund 290,000


Federal funds 486,443Interdepartmental transfer 1,216,000

Total 5,205,859

Sec. 61. Attorney general - telemarketing fraud



Federal funds 150,000

Sec. 62. Vermont court diversion



Total 1,104,555

Sec. 63. Center for crime victims services



General fund 758,339Special funds 724,808Federal funds 3,740,351Interdepartmental transfer 40,000

Total 5,263,498

(a) The $40,000.00 of federal grant funds transferred from the department of public safety shall be used for AIDS/HIV outreach to victims of sexual violence consistent with the intent of No. 49 of the Acts of 2001.

Sec. 64. Center for crime victims services - victim compensation


Special funds 405,000Federal funds 170,000

Total 575,000

Sec. 65. State’s attorneys




General fund 5,866,162Transportation fund 447,230Special funds 43,500Federal funds 5,000Interdepartmental transfer 1,455,339

Total 7,817,231

Sec. 66. Sheriffs




Total 1,112,482

(a) Of the above appropriation, $15,000.00 shall be transferred to the state’s attorneys office as reimbursement for the cost of the executive director’s salary.

Sec. 67. Sheriffs - transport




Total 1,396,821

(a) The general assembly finds that the increasing cost of prisoner transports from correctional centers to courts is placing a burden on the ability of the state to pay for such transports. The general assembly is concerned with preserving the due process rights of prisoners granted by the U.S. Constitution and the Vermont Constitution, yet it believes some court hearings can be held without the presence of a prisoner in the courtroom without any infringement upon the prisoner’s constitutional rights. Some hearings, such as status conferences, could be held without the participation of the prisoner; while others may be held with prisoner participation by telephone or video conference. It is the intent of the general assembly to preserve due process


rights of prisoners while addressing the increased cost of detaining prisoners in the correctional centers while they wait for disposition of their cases. Accordingly, the general assembly hereby directs the department of state’s attorneys and sheriffs, the administrative judge for trial courts, the court administrator, the defender general and the commissioner of the department of corrections to work together to reduce the number of unnecessary prisoner transports to court hearings, taking into account the findings and intent of the general assembly, as stated in this subsection. The parties shall report to the chairs of the house and senate committees on appropriations and on judiciary by January 15, 2003, regarding the steps that have been taken and the impact those steps have had on reducing transports.

Sec. 68. Defender general - public defense



General fund 4,326,254Transportation fund 630,058Special funds 346,791Interdepartmental transfer 45,000

Total 5,348,103

Sec. 69. Defender general - assigned counsel




Total 2,140,295

Sec. 70. Defender general - ad hoc counsel

Personal services 127,403Source of funds


Sec. 71. Military - administration

Personal services 397,864Operating expenses 320,406Grants 158,000

Total 876,270


Source of fundsGeneral fund 876,270

(a) Of the above appropriation, $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which is comprised of $158,000.00 of the above appropriation and $42,000.00 in fiscal year 2002 carry-forward funds.

(b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not exceed $200,000.00 in fiscal year 2003, nor shall commitments or obligations be made for expenditure amounts over $200,000.00 in fiscal year 2004.

Sec. 72. Military - air service contract




Total 4,080,750

Sec. 73. Military - army service contract




Total 10,452,522

Sec. 74. Military - building maintenance



General fund 1,272,952Special funds 35,000

Total 1,307,952

Sec. 75. Military - veterans’ affairs





Sec. 76. Labor and industry



General fund 788,013Special funds 4,520,271Federal funds 1,051,596Interdepartmental transfer 50,019

Total 6,409,899

(a) The establishment of one (1) new classified position - Occupational Health Compliance Specialist - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 77. Labor and industry - wage and hour




Sec. 78. Criminal justice training council



General fund 519,083Transportation fund 348,154Special funds 453,448Interdepartmental transfer 103,034

Total 1,423,719

Sec. 79. Criminal justice training council - domestic violence


Total 16,966


Source of fundsSpecial funds 3,488Interdepartmental transfer 13,478

Total 16,966

Sec. 80. Liquor control - enforcement and licensing



Tobacco fund 318,973Enterprise funds 1,386,808

Total 1,705,781

Sec. 81. Liquor control - administration



Enterprise funds 1,518,190

Sec. 82. Liquor control - warehousing and distribution




Sec. 83. Vermont racing commission

Operating expenses 1Source of funds

General fund 1

Sec. 84. Secretary of state



General fund 456,141Special funds 3,129,959Interdepartmental transfer 130,000

Total 3,716,100


(a) The establishment of two (2) new classified positions - one (1) Clerk C and one (1) Licensing Board Inspector - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.

(b) Of the above general fund appropriation, $10,000.00 shall be available for expenses associated with the annual meeting for the New England Association of City and Town Clerks.

Sec. 85. [Deleted]

Sec. 86. Secretary of state - corporations




(a) The above appropriation shall be from the securities and regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).

Sec. 87. Banking, insurance, securities, and health care administration - banking




(a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2003, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000.00 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f).

Sec. 88. Banking, insurance, securities, and health care administration - insurance




Sec. 89. Banking, insurance, securities, and health care administration - captive





Sec. 90. Banking, insurance, securities, and health care administration - administration




Sec. 91. Banking, insurance, securities, and health care administration - securities




Sec. 92. Banking, insurance, securities, and health care administration - health care administration



General fund 535,304Special funds 2,484,508

Total 3,019,812

Sec. 93. Banking, insurance, securities, and health care administration - insurance agent licensing




Sec. 94. Public safety - state police

Personal services 31,589,941


Operating expenses 6,107,908Grants 2,058,465


General fund 14,473,733Transportation fund 17,252,645Special funds 2,661,652Federal funds 4,190,709Interdepartmental transfer 1,177,575

Total 39,756,314

(a) The department of public safety shall provide business manager services for the Vermont criminal justice training council and for the Vermont fire service training council.

(b) Of the above transportation fund appropriation, $35,000.00 shall be available for snowmobile law enforcement activities.

(c) Of the above general fund appropriation, up to $880,000.00 shall be used to purchase vehicles and for fleet-related expenditures.

(d) The establishment of five (5) new classified positions - one (1) State Terrorism Manager, two (2) Terrorism Outreach Coordinator, one (1) Terrorism Intelligence Analyst, and one (1) Planning and Grant Administrator - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 95. Public safety - criminal justice services



General fund 95,000Transportation fund 3,630,878Special funds 457,818Federal funds 4,668,600Interdepartmental transfer 621,298

Total 9,473,594

(a) The Vermont center for justice research is designated as the state’s instrumentality to receive statistical analysis center federal funds.


(b) The establishment of one (1) new classified position - Forensic Chemist III - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 96. Public safety - emergency management

Personal services 1,022,640Operating expenses 1,149,945Grants 1,249,247


General fund 48,930Transportation fund 63,969Special funds 420,523Federal funds 2,888,410

Total 3,421,832

Sec. 97. Public safety - governor’s highway safety program



Transportation fund 172,828Special funds 362,500Federal funds 4,545,858

Total 5,081,186

Sec. 97a. Sec. 260e(b)(6) of No. 63 of the Acts of 2001 is amended to read:

(6) Sixth, an amount not to exceed $2,000,000 shall be prorated equally and appropriated as follows: to the department of public safety for vehicle fleet replacement and related fleet expenses and to the office of the treasurer, for deposit into the higher education endowment fund.

Sec. 98. Agriculture, food and markets - administration



General fund 1,217,035Special funds 13,722


Federal funds 254,211Interdepartmental transfer 135,534

Total 1,620,502

(a) Of the above appropriation, $139,000.00 shall be used for the Two-Plus-Two scholarship program and $28,000.00 above the department’s submitted budget shall be spent on conservation district grants.

Sec. 99. Agriculture, food and markets - food safety and consumer assurance



General fund 1,246,619Transportation fund 45,824Special funds 343,833Federal funds 497,407Interdepartmental transfer 12,000

Total 2,145,683

Sec. 100. Agriculture, food and markets - agriculture development



General fund 575,714Special funds 395,988Interdepartmental transfer 100,002

Total 1,071,704

Sec. 101. Agriculture, food and markets - plant industry and labs



General fund 639,248Special funds 1,081,387Federal funds 333,765Interdepartmental transfer 207,560

Total 2,261,960


Sec. 102. Agriculture, food and markets - state stipend



Sec. 103. Agriculture, food and markets - mosquito control



Sec. 104. Agriculture, food and markets - farm conservation




Sec. 105. Public service - regulation and energy



Special funds 4,080,912Federal funds 711,000Interdepartmental transfer 25,002

Total 4,816,914

Sec. 106. Public service - purchase and sale of power

Personal services 7,824Operating expenses 365


Special funds 8,189

Sec. 107. Public service - consumer affairs and public information





Sec. 108. Enhanced 9-1-1 Board




Sec. 109. Enhanced 9-1-1 Board - training



(a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - State 9-1-1 Communications Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government.

Sec. 110. Public service board




Sec. 111. Judiciary



General fund 19,941,952Transportation fund 3,627,781Special funds 441,676Federal funds 172,000Interdepartmental transfer 2,191,000

Total 26,374,409

Sec. 112. Human rights commission




General fund 262,095Special funds 1Federal funds 101,485

Total 363,581

Sec. 113. Vermont radiological emergency response plan fund




Sec. 114. 20 V.S.A. § 38 (a) is amended to read:

(a) There is created a radiological emergency response plan fund which shall include all moneys paid to the state pursuant to subdivision (5) of this subsection. The fund shall be separately maintained and accounted for by the state treasurer and shall be administered by the department of finance and management and managed pursuant to the provisions of chapter 7, subchapter 5 of Title 32. Expenditures shall be made from the fund for the purpose of providing the personnel, operating costs and equipment necessary to maintain the effectiveness of the Vermont radiological emergency response plan.

(1) Provided the expense is determined to be necessary by the emergency management division, the commissioner of finance and management may approve reimbursement from the fund to any municipality, county or state agency or any support organization for the proportion of emergency preparation costs directly related to the preparation for, testing or carrying out a radiological emergency response plan. The fund may be used for personnel, operations or equipment which have the capability of responding to other in addition to radiological emergencies.

(2) The commissioner of finance and management annually shall submit to the general assembly a report detailing expenditures from the fund. The report shall include any comments submitted by any utility which has made payments into the fund and by any involved municipality, county or state agency.

(3) Any utility making any payment into the radiological emergency response plan fund shall have the right to audit the books and records of the fund at any time.

(4) Upon the termination of the Vermont radiological emergency response plan fund or the permanent cessation of operation of the reactor having caused the establishment of this fund and the removal of emergency


response plan regulations applicable to it by the Federal Nuclear Regulatory Commission or any other federal agency having regulatory jurisdiction, and after all outstanding debts have been paid, all moneys remaining in the fund shall be promptly paid to the utility having made the payments.

(5) Each fiscal year:

(A) The commissioner of finance and management shall survey town and emergency support organizations eligible for reimbursement from the radiological emergency response plan fund to determine the amounts necessary for the purposes of this subsection.

(B) Any utility operating a nuclear reactor in this state shall pay to the state treasurer an amount equal to the amount required to establish or maintain the Vermont radiological emergency response plan fund at the level of $400,000.00.

(6) Any moneys remaining in the radiological emergency response plan fund at the end of any fiscal year shall be carried forward for expenditures in the next fiscal year and any interest accrued on the moneys shall remain in the fund.

(a) (1) There is created a radiological emergency response plan fund into which, by July 30 of each year, any entity operating a nuclear reactor or storing nuclear fuel and radioactive waste in this state (referred to hereinafter as the nuclear power plant) shall deposit the amount appropriated to support the Vermont radiological response plan for that fiscal year, adjusted by any balance in the radiological emergency response plan fund from the prior fiscal year. The fund shall be managed in accordance with chapter 7, subchapter 5 of Title 32. Any interest earned on the balance in the fund shall be retained by the fund.

(2) Expenditures from the fund shall be made by the division of emergency management subject to an annual legislative appropriation. As part of the annual appropriations process, the division of emergency management shall present a budget for the ensuing fiscal year that anticipates the expenditures that will be made from the fund. The annual budget shall be developed by the division of emergency management and the Windham regional planning commission in consultation with state agencies, the management of the nuclear power plant, and the select boards of the municipalities in the emergency planning zone and any other municipality defined by the state as required to support the plan. The state personnel with primary responsibility for developing the plan shall be physically located in the region, preferably in the office of the Windham regional planning commission.


The annual budget shall include only expenditures necessary to support the radiological emergency response plan.

(3) The annual budget shall include anticipated expenditures to municipalities, county or state agencies, or other organizations necessary to support the radiological emergency response plan.

(4) By January 15 of each year, the division of emergency management shall submit to the general assembly a report detailing expenditures from the fund for the preceding fiscal year.

(5) The state shall bill the nuclear power plant on a monthly basis based on the budget presented and approved by the legislature. The nuclear power plant shall have the right to audit the books and records of the fund.

(6) Upon the permanent cessation of operation of the nuclear reactor and final removal of all nuclear fuel and radioactive waste, and the removal of emergency response plan regulations and state responsibilities applicable to it by the Federal Nuclear Regulatory Commission and any other federal agency having regulatory jurisdiction, and after all outstanding debts have been paid, all moneys remaining in the fund shall be repaid to the nuclear power plant, and the fund terminated.

Sec 114a. RADIOLOGICAL EMERGENCY RESPONSE PLAN FUND; DIVISION OF EMERGENCY MANAGEMENT

(a) All responsibilities of the department and commissioner of finance and management under 20 V.S.A. § 38(a) shall, in fiscal year 2003, be assumed by the division of emergency management of the department of public safety.

Sec. 115. Fire service training council



General fund 231,588Transportation fund 99,985Special funds 100,000Interdepartmental transfer 47,436

Total 479,009

Sec. 116. Fire service training council - firefighter 1 training


Total 722,937


Source of fundsGeneral fund 100,000Special funds 427,924Federal funds 110,000Interdepartmental transfer 85,013

Total 722,937

Sec. 117. Total protection to persons and property 178,034,411

Source of fundsGeneral fund 62,008,163Transportation fund 27,524,736Special funds 38,252,497Tobacco fund 608,973Federal funds 38,131,931Enterprise funds 3,852,821Interdepartmental transfer 7,655,290

Total 178,034,411

Sec. 118. Human services - agency of human services - Secretary’s office



General fund 4,709,618Special funds 100,000Tobacco fund 474,000Federal funds 6,665,153Interdepartmental transfer 446,000

Total 12,394,771

(a) Notwithstanding any other provisions of law, workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services or who utilize a qualified intermediary service organization providing services on behalf of the state shall not be considered state employees, except for purposes of 21 V.S.A. chapter 17.

(b) Notwithstanding any other provisions of law, the state may provide workers’ compensation coverage to workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services, and the state shall not be considered their employer. The state may also either permit a qualified intermediary service organization


to purchase group insurance policies for persons served by their organization, or deem such persons to be members of an association and eligible for self insurance under 21 V.S.A. § 687a for purposes of providing workers’ compensation. This provision is intended solely to reduce costs of providing workers’ compensation and shall not be considered for any other purpose.

(c) The establishment of one (1) new exempt position - Juvenile Justice Director - is authorized in the agency of human services in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government. The juvenile justice director shall be a principal assistant to the secretary of human services. The juvenile justice coordinator in the agency of human services shall assist the commission to implement the comprehensive juvenile justice system developed under subsection 3085c(c) of Title 3.

(d) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” to the departments in the agency through which services are being provided.

(e) Notwithstanding 33 V.S.A. § 5502 the agency of human services may on an on-going basis seek a CHINS petition for 16 to 17.5-year-old youths who are not in the custody of the state but are at high risk of serious harm to themselves or others due to problems such as substance abuse, prostitution, homelessness and whose needs transcend any one department of the agency of human services and require complicated clinical interventions from multiple organizations. Services will be provided through a coordinated effort by the agency of human services, the department of education, and community-based interagency teams. Of the above appropriation, $200,000.00 in tobacco funds with a corresponding match shall be made available for the services under this program.

(f) Planning and partnership activities regarding services for youth aged 16 to 22 in which the agency participates with communities and across departments of state government shall include consideration of how the Job Corps in Vergennes can be utilized to maximum benefit for the target population.

(g) Of the above tobacco settlement funds, $49,000.00 shall be used to provide a grant to the Project Against Violent Encounters for a statewide program for substance abuse prevention and mentoring program for youth.

(h) Of the above tobacco fund appropriation, $100,000.00 shall be used for a grant to Lamoille County People In Partnership for wrap-around services for at-risk youth.


(i) The above tobacco settlement fund appropriations are made notwithstanding 18 V.S.A. chapter 225.

(j) Of the above appropriation, $60,000.00 shall be granted to Prevent Child Abuse Vermont for comprehensive health education and violence prevention curriculum for seventh and eighth grade students.

(k) Of the above appropriation, $195,000.00 is for the purpose of Sec. 118m of this act.

Sec. 118a. 3 V.S.A. § 3085c is added to read:

§ 3085c. COMMISSION ON JUVENILE JUSTICE

(a) The commission on juvenile justice is created as a joint venture between the department of social and rehabilitation services and the department of corrections.

(b) The commission shall be composed of three members:

(1) The juvenile justice director, who shall be chair of the commission.

(2) The commissioner of the department of social and rehabilitation services.

(3) The commissioner of the department of corrections.

(c) The commission on juvenile justice shall have the following duties:

(1) To develop a comprehensive system of juvenile justice for persons under age 21 who commit delinquent or criminal acts, including utilization of probation services, a range of community-based treatment, training and rehabilitation programs, and secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those persons to live in their communities as productive and mature adults. The program developed by the commission shall be consistent with the policy that a successful juvenile justice system should:

(A) Hold juveniles accountable for their unlawful conduct.

(B) Provide secure and therapeutic confinement to juveniles who pose a danger to the community.

(C) Adequately protect both juveniles and the community.

(D) Provide community-based programs and services that are located as closely as possible to the juvenile’s community.

(E) Maintain juveniles in their homes, with adequate support, whenever possible and appropriate.


(F) Use individualized case management plans as the basis for all treatment planning and implementation.

(G) Include the juvenile’s family in the case management plan.

(H) Monitor the case management plan to encourage rehabilitation and deter reoffending, providing supervision, service coordination and support where appropriate.

(I) Provide a comprehensive aftercare component, including follow-up and nonresidential postrelease services when juveniles return to their families or communities.

(J) Promote the development and implementation of community-based programs designed to prevent unlawful conduct and to minimize the depth and duration of the juvenile’s involvement in the criminal justice system.

(K) Be coordinated with consistency between all departments throughout the state, both with respect to general policy and to particular cases.

(2) To advise state agencies on matters of state policy relating to juvenile justice.

(3) To evaluate the adequacy of existing services to individuals involved in the juvenile justice system and their families, and to conduct studies to identify gaps in these services. These studies may include access to juvenile justice-related services and support for families of individuals involved in the juvenile justice system.

(4) To identify strategies and recommend resources to expand successful existing services.

(5) To review or participate in the development of laws, rules and other governmental initiatives which may affect individuals involved in the juvenile justice system, and their families.

(6) To provide advice regarding revisions, coordination of services, accountability and appropriations.

(7) To cooperate with appropriate federal agencies in maximizing the receipt of funds in support of programs relating to juvenile justice, particularly those involving persons charged as youthful offenders under section 5505 of Title 33.

(d)(1) There are established within the commission, and reporting to the juvenile justice director, the following positions:

(A) A prevention specialist, responsible for programs intended to reduce delinquency and crime among juvenile offenders, including mentoring


programs, early assessments, substance abuse screening, child care services, after school programs, and screening for problems which contribute to delinquency and juvenile crime.

(B) An alternative sanctions specialist, responsible for programs providing alternatives to incarceration, including court diversion, probation, reparative boards, and community justice programs.

(2) The specialists designated under subdivision (1) of this subsection shall:

(A) Work with communities throughout the state, and analyze data and outcomes, to evaluate the efficiency and success of juvenile justice programs.

(B) Monitor the statewide and cross-departmental consistency and coordination of juvenile justice programs, and the development of the comprehensive system of juvenile justice required by this section.

(C) Work in district offices with probation officers, case workers and other personnel of the departments of social and rehabilitation services and of corrections to ensure that state juvenile justice programs and case plans are administered in a manner consistent with the policies of this section, and with the statutes and rules pertaining to each specialty area.

(e) The departments of social and rehabilitation services and of corrections shall provide the commission with administrative support.

(f) Annually, the commission shall prepare a report of its findings and activities during the preceding year. The commission shall file its report with the governor and the general assembly, and make the report available to the public on or before January 15.

Sec. 118b. TRANSFERRED POSITIONS

(a) One position is transferred from the department of social and rehabilitation services to the commission on juvenile justice for the purposes of the position of prevention specialist created under subdivision 3085c(g)(1)(A) of Title 33.

(b) One position is transferred from the department of corrections to the commission on juvenile justice for the purposes of the position of alternative sanctions specialist created under subdivision 3085c(g)(1)(B) of Title 33.

Sec. 118c. 33 V.S.A. § 311 is amended to read:

§ 311. DELINQUENT CHILD SERVICES; PURPOSE AND RESPONSIBILITY


The department of social and rehabilitation services, in cooperation with the department of corrections, shall have the purpose and responsibility to develop and administer a comprehensive program, developed by the commission on juvenile justice established pursuant to section 3085c of Title 3, for youthful offenders and children who commit delinquent acts, including utilization of probation services, a range of community-based treatment, training and rehabilitation programs and secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those children to live in their communities as productive and mature adults.

Sec. 118d. 33 V.S.A. § 5505(f) is amended to read:

(f) If the state elects to file charges in criminal court pursuant to subsection (c) of this section, the defendant A defendant in a criminal proceeding who has attained the age of 16 but not the age of 18 at the time the offense is alleged to have been committed may file a motion requesting treatment as a youthful offender. The court may transfer the proceeding to family court if it finds that:

(1) the defendant has previously been adjudicated a delinquent child or has previously been convicted of a crime;

(2) the defendant enters a plea of guilty or nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules of Criminal Procedure;

(3) the defendant is amenable to treatment or rehabilitation as a youthful offender; and

(4) public safety will be secured by treating the defendant as a youthful offender.

Sec. 118e. 33 V.S.A. § 5518 is amended to read:

§ 5518. PETITION, CONTENTS

The petition shall be verified and may be on information and belief. It shall set forth plainly:

(1) The facts which bring the child within the jurisdiction of the court, together with a statement that it is in the best interests of the child and the public that the proceedings be brought;

(2) The name, age, and residence addresses, if known to petitioner, of the parent or custodial and noncustodial parents having custody, the guardian or custodian of the child if other than parent, or, if there is no parent, guardian or custodian residing within the state, or if his or her residence address is unknown, of any known adult relative or person having the child under his or


her supervision, or, if there be none, the known adult relative or such person residing nearest to the location of the court;

(3) Whether the child has been taken into custody under section 5510 of this title and, if so, the place of his or her detention and the time the child was taken into custody.

Sec. 118f. 33 V.S.A. § 5519a is added to read:

§ 5519a. NOTICE OF HEARING; NONCUSTODIAL PARENTS

The court shall make reasonably diligent efforts to locate noncustodial parents and notify them of hearings held pursuant to this chapter. No hearing shall be delayed or proceeding voided by reason of the inability of the court to locate or notify the noncustodial parent. This section shall not be construed to afford party status to a person who would not otherwise be entitled to party status under this chapter.

Sec. 118g. 33 V.S.A. § 5529b is amended to read:

§ 5529b. DISPOSITION OF YOUTHFUL OFFENDERS

(a) Upon the transfer of a case pursuant to subsection 5505(e) or (f) of this title, the court shall impose sentence. That sentence shall then be suspended and replaced with a juvenile disposition pursuant to section 5529 of this title.

(b) Copies of all records relating to the criminal sentence imposed under subsection (a) of this section shall be forwarded to the district court and filed in the defendant’s criminal case file.

(c) In determining an appropriate disposition, the court shall obtain input from the child’s parents, custodians or guardians, teachers, treatment providers, clergy, and all other persons that the court deems necessary. Upon the imposition of a criminal sentence, the jurisdiction of the family court shall cease and thereafter shall be assumed by the district court.

(d) When practicable, the same judge who granted the motion requesting treatment as a youthful offender shall impose sentence and disposition under this section.

(e)(1) The departments of social and rehabilitation services and of corrections shall have dual responsibility for supervising all persons treated as youthful offenders pursuant to subsection 5505(e) or (f) of this title.

(2) When a case is transferred for youthful offender adjudication pursuant to subsection 5505(e) or (f) of this title:

(A) The departments of social and rehabilitation services and of corrections shall:


(i) each open and maintain a file on the offender;

(ii) develop a joint case plan for the offender; and

(iii) coordinate services and share information to ensure compliance with and completion of the juvenile disposition.

(B) A lead case manager shall be designated who shall have final decision-making authority over the case plan and the provision of services to the offender. For offenders younger than age 18, the lead case manager shall be designated by the department of social and rehabilitation services. For offenders age 18 and older, the lead case manager shall be designated by the department of corrections.

(C) The offender shall be eligible for all age-appropriate community-based programming and services provided by the departments of social and rehabilitation services and of corrections.

Sec. 118h. 33 V.S.A. § 5801(d) is added to read:

§ 5801. WOODSIDE JUVENILE REHABILITATION CENTER

* * *

(d) Notwithstanding any other provision of law, a person under the age of 18 at the time of the offense charged may be detained at the facility if the offense charged is a misdemeanor as defined in section 1 of Title 13, provided the person is adjudicated a youthful offender under section 5505 of this title, and no person over the age of 18 may be detained at the facility.

Sec. 118i. SPECIALIZED TREATMENT PROGRAMS FOR YOUNG OFFENDERS

(a) Legislative intent. The specialized treatment programs for young offenders established under this section are intended for young people who already are or would be incarcerated under current law. On any given day, 260 Vermonters under the age of 21 are incarcerated in custody of the department of corrections. The legislature does not intend the programs established under this section to increase that number, or to cause incarceration of young people who would not already be incarcerated. On the contrary, it is the intent of the legislature that developing specialized treatment programs designed specifically for young offenders will reduce recidivism and decrease the number of incarcerated youth in Vermont.

(b) The commissioner of the department of corrections shall establish one or more specialized treatment programs for young offenders, to become effective July 1, 2003. The programs shall each have a capacity of 50-75 beds,


and shall be operated as a specialized living unit program which shall be segregated from adult offenders.

(c) The commission on juvenile justice, in consultation with the juvenile justice oversight committee, shall design specialized treatment approaches which shall be incorporated into the programs for young offenders established under subsection (a) of this section. The programs shall be designed to return the offender to the community prepared to play a successful and positive role, and shall include education, substance abuse treatment, mental health counseling, and employment and vocational training.

(d)(1) The following persons shall be eligible for the programs for young offenders established under subsection (a) of this section:

(A) Persons charged with or convicted of felony offenses who have attained the age of 16 but not the age of 21 at the time of the offense.

(B) Persons charged with or convicted of misdemeanor offenses who have attained the age of 18 but not the age of 21 at the time of the offense.

(C) Persons adjudicated youthful offenders under section 5505 of Title 33, if the sentence imposed under section 5529b of Title 33 meets the criteria of subdivision (c)(1)(A) or (B) of this section.

(2) In determining the persons eligible for the programs for young offenders established under subsection (a) of this section, the court shall give priority to persons eligible under subdivision (d)(1)(C) of this section.

Sec. 118j. JUVENILE JUSTICE DIRECTOR

(a) The governor shall appoint a juvenile justice director, reporting directly to the secretary of the agency of human services, who shall have the responsibility and authority to monitor and coordinate all state and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication and rehabilitation.

(b) The juvenile justice director shall ensure that the following occur:

(1) Development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving state, regional and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities and community wellness.

(2) Cooperation among state, regional and local officials, court personnel, service providers and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program.


(3) Cooperation among appropriate departments, including, but not limited to, the departments of education, corrections, social and rehabilitation services, employment and training, developmental and mental health services, and public safety, and the office of alcohol and drug abuse programs.

(4) Study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable.

(5) Compilation data on issues relating to juvenile justice, and analysis, study and organization of such data for use by educators, researchers, policy advocates, administrators, legislators and the governor.

Sec. 118k. JUVENILE JUSTICE OVERSIGHT COMMITTEE

(a) A legislative juvenile justice oversight committee is created to monitor the development, implementation, and ongoing operation of the comprehensive juvenile justice and youthful offender system. The committee shall consist of eight members: four representatives, who shall not all be from the same party, and four senators, who shall not all be from the same party. The speaker of the house shall appoint the four members from the house of representatives, and the committee on committees shall appoint the four members from the senate.

(b) The committee shall elect a chair, vice chair and clerk, and may adopt rules to carry out its duties. The legislative council shall provide primary professional and administrative support to the committee, and additional assistance shall be provided by the agency of human services.

(c) The committee shall meet at least once a month until July 1, 2003. For attendance at meetings which are held when the general assembly is not in session, the members of the committee shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided to members of standing committees under 2 V.S.A. § 406.

(d) In order to fulfill its duties to monitor the development, implementation, and ongoing operation of the juvenile justice and youthful offender system, the committee shall consult with the following:

(1) Young people and their families who are, have been, or are at risk of becoming involved in the juvenile justice system.

(2) Case workers, social workers, probation officers, nonprofit employees and other persons who work in the juvenile justice field.

(3) The governor’s juvenile justice coordinator.

(4) The juvenile justice commission.

(5) The agency of human services.


(6) The attorney general.

(7) state’s attorneys.

(8) The office of defender general, including the juvenile defender.

(9) Any other appropriate person.

(e) The juvenile justice commission shall report monthly to the committee regarding progress made on the development, implementation, and ongoing operation of the comprehensive juvenile justice and youthful offender system.

(f) The committee shall report to the governor and the general assembly no later than December 1 of each year. The report shall include an evaluation of the strengths and weaknesses and successes and failures of the comprehensive juvenile justice and youthful offender system; recommendations to improve the program; and a detailed report on the development, implementation, and operation of the program.

Sec. 118l. JUVENILE JUSTICE REPORTS

(a) The commissioner of the department of social and rehabilitation services and the commissioner of the department of corrections shall report on the development of alternative placements for 16 and 17-year old misdemeanants to the senate and house committees on judiciary on or before January 15, 2003.

(b) The commissioner of the department of corrections shall report to the senate and house committees on judiciary on or before November 1, 2002, on the programs for young offenders developed under Sec. 118i of this act. The report shall include:

(1) comprehensive design proposals for the programs;

(2) proposed locations for the programs, including descriptions of the categories of offenders who would participate, and details about each proposed program’s compliance with state and federal laws regarding the separation of adult and juvenile offenders; and

(3) proposals for shifting existing resources in order to minimize additional appropriations for the programs.

Sec. 118m. 33 V.S.A. § 5529c is amended to read:

§ 5529c. MODIFICATION OR REVOCATION OF DISPOSITION

(a) If a youthful offender violates the terms of a disposition order, the court shall, upon notice to the youthful offender, schedule a hearing on modification or revocation of the disposition.


(b)(1) If, after a hearing, the court finds that a youthful offender has violated the terms of the disposition order, the court may:

(A) modify the disposition order,;

(B) impose any order provided for under section 5529 of this title, including detention, as part of a system of graduated sanctions; or

(C) may impose the criminal sentence.

(2) For purposes of this section, “graduated sanctions” means a continuum of consequences, designed to achieve compliance with the disposition order, which becomes increasingly more severe as the number and severity of the violations increase.

(3) If imposed pursuant to subdivision (1) of this subsection, detention shall:

(A) be for the minimum duration necessary to enable the offender to return to the community with an increased likelihood of complying with the disposition; and

(B) include programming designed to accomplish the objective identified in subdivision (3)(A) of this subsection as quickly as possible.

(c) Upon the imposition of a criminal sentence under subsection (b) of this section, the jurisdiction of the family court shall cease and thereafter shall be assumed by the district court.


(a) The secretary of human services, the commissioner of education, and the president of the University of Vermont shall establish a research partnership to study and make recommendations for improving the effectiveness of state and local health, human services, and education programs. Critical program outcomes relating to the well-being of Vermonters that should be addressed by the research partnership may include, without limitation, the following:

(1) Children, families and individuals are engaged in and contribute to their community’s decisions and activities.

(2) Pregnant woman and children thrive.

(3) Children are ready for school.

(4) Children succeed in school.

(5) Children live in stable, supported families.


(6) Youth choose healthy behaviors.

(7) Youth successfully transition to adulthood.

(8) Elders and people with disabilities live with dignity and independence in settings they prefer.

(9) Families and individuals live in safe and supportive communities.

(10) Adults lead healthy and productive lives.

Sec. 119a. Agency of Human Services Grants; Revolving Funds; Non-profit Entities

The Agency of Human Services shall study the feasibility of extending or leveraging the amount of resources available for loans and grants from various revolving funds established to support AHS programs and services, such as the Vermont adaptive equipment revolving fund established by chapter 77 of Title 33. The agency shall evaluate whether providing such revolving funds to private non-profit entities for distribution through them of grants and loans to eligible recipients can effectively increase the total funds available for the purposes of each program. In its evaluation the agency shall consider the establishment of appropriate controls to insure that funds are expended or loaned only for purposes authorized by law, that grant award and lending criteria are no more restrictive than authorized by the state under each program, and that adequate reporting and accounting requirements are in place. The agency shall present its findings and recommendations to the House and Senate Committees on Appropriations on or before January 15, 2003.

Sec. 120. Rate setting



Interdepartmental transfer 655,480


§ 1954. NURSING HOME ASSESSMENT

(a) Beginning July 1, 2001 2002, each nursing home’s annual assessment shall be $2,768.69 $3,166.29 per bed licensed pursuant to section 7105 of this title on June 30 of the immediately preceding fiscal year. From the beginning of state fiscal year 2000, the annual assessment for each bed licensed as of the beginning of the fiscal year shall be prorated for the number of days during which the bed was actually licensed and any overpayment shall be refunded to the facility. To receive the refund, a facility shall notify the commissioner in


writing of the size of the decrease in the number of its licensed beds and dates on which the beds ceased to be licensed.

Sec. 121. Human services board



General fund 98,500Federal funds 114,706Interdepartmental transfer 38,268

Total 251,474

Sec. 122. Developmental disabilities council




Sec. 123. Office of child support services




Total 9,945,815

Sec. 124. Health - administration and support




Total 3,759,481


Sec. 125. Health - health protection




Total 3,723,416

Sec. 126. Health - health surveillance



General fund 3,805,245Special funds 1,022,250Federal funds 4,866,115Permanent trust 10,000Interdepartmental transfer 83,065

Total 9,786,675

(a) Of the above general fund appropriation, $300,000.00 shall be appropriated to the Vermont AIDS service organizations for client-based support services. The grants in this section shall be awarded equitably, on a per - client basis, and shall be used for services only, not administrative or other purposes. The method by which AIDS service organizations’ clients are counted shall be determined by mutual agreement of the department of health, the AIDS service organizations, and the HIV/AIDS service advisory council (HASAC).

(b) Of the above federal fund appropriation, the Ryan White Title II federal service funds shall be used for direct client-based support services, including services that assist people living with HIV/AIDS to access medical care. The department shall follow federal guidelines, and shall be advised by the HIV/AIDS service advisory council (HASAC) for the purpose of prioritization of the use of these funds. Criteria shall be developed by the department, in collaboration with the HASAC, to govern situations when the department may


select providers outside the existing AIDS service organizations network to receive part of these Ryan White Title II funds.

Sec. 127. HIV/AIDS MEDICAL ASSISTANCE PROGRAM

(a) Of the general fund appropriation in this act for Health - health surveillance, $175,000.00 shall be used for all aspects of the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, nutritional supplements and maximum cost - effectiveness for the program.

(b) The secretary of human services shall immediately notify the joint fiscal committee if, at any time, there are insufficient funds in AMAP to assist all eligible individuals. The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the legislature can take action.

(c) The secretary of human services shall work in conjunction with the AMAP advisory committee, comprised of no less than 50 percent members who are living with HIV/AIDS. The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements and eligibility for the program.

Sec. 128. Health - health improvement



General fund 2,768,181Special funds 783,801Tobacco fund 4,175,000Federal funds 9,922,669Interdepartmental transfer 178,564

Total 17,828,215

(a) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match Federal National Health Service Corps loan repayment funds, local funds, or private funds, and shall be made available to primary care providers, dentists, and licensed nurses who agree to practice for a prescribed period of time in the state, serving a portion of the state designated as a health professional shortage population, or other rural or underserved areas. Educational scholarships, loan repayment grants, loan deferment


payments, and payments of taxes due on the award may be considered for payment.

(b) Of the above appropriation, $300,000.00 is to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families. The coalition shall report to the general assembly, on or before January 1 of each year, with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly.

(c) The above tobacco appropriation in this section shall be utilized according to the provisions of chapter 225 of Title 18, as follows:

(1) community-based activities - $1,100,000.00;

(2) countermarketing - $1,000,000.00;

(3) tobacco cessation programs - $1,275,000.00;

(4) statewide programs - $200,000.00; and

(5) program surveillance and evaluation - $600,000.00.


§ 10. EDUCATIONAL ASSISTANCE; INCENTIVES; NURSES

(a) A Vermont resident enrolled in an accredited registered nursing or licensed practical nursing program in Vermont, is eligible for a loan of up to $6,000.00 per year provided:

(1) graduation from the program will result in eligibility to sit for the NCLEX-RN nursing examination in the case of a registered nurse or the NCLEX-PN in the case of a licensed practical nurse; and

(2) the student is enrolled as a full time student in the program.

(b) The amount of up to $6,000.00 of a loan awarded under this section shall be cancelled and forgiven for each year the student is a resident of Vermont and employed as a registered nurse or licensed practical nurse in Vermont. Eligibility for this program shall be determined by the department of health, in consultation with schools, providers and the Area Health Education Center (AHEC). The commissioner may require certification of compliance with this subsection prior to forgiving all or a portion of the loan.

(c) The commissioner shall award up to $6,000.00 per year for up to four years, to any licensed registered nurse or practical nurse who has outstanding educational loans and who has not received or is not eligible to receive loan forgiveness under subsection (b) of this section, for each year the nurse is employed as a registered or practical nurse. Eligibility for this program shall


be determined by the department of health, in consultation with schools, providers and the AHEC. The commissioner may require certification of compliance with this subsection prior to making an award.

(d) In any year in which the commissioner does not have sufficient funds to carry out the provisions of this section, the The commissioner shall use funds appropriated first to provide loans and loan forgiveness pursuant to subsections (a) and (b) of this section. Remaining funds shall be used to provide awards pursuant to subsection (c) of this section, giving priority to those nurses serving in an undersupplied nursing specialty or in a geographic area of Vermont which is underserved.

(e) This program shall apply to registered nurses or licensed practical nurses who have graduated after April 1, 2001.

(f) This section shall be repealed effective June 30, 2005.

Sec. 130. Health - community public health




Total 23,910,038

Sec. 131. Health - alcohol and drug abuse programs

Personal services 2,236,451Operating expenses 480,942Grants 11,050,762


General fund 3,590,413Special funds 86,000Tobacco fund 1,941,000Federal funds 8,150,742

Total 13,768,155

(a) For the purpose of meeting the need for outpatient substance abuse services when the preferred provider system has a waiting list of five days or more, or there is a lack of qualified clinicians to provide services in a region of


the state, a state-qualified alcohol and drug abuse counselor may apply to the department of health, division of alcohol and drug abuse programs, for time - limited authorization to participate as a Medicaid provider to deliver clinical and case coordination services, as authorized.

(b) Of the above tobacco fund appropriation, $500,000.00 shall be granted for opiate treatment.

(c) Of the above appropriation, Maple Leaf Farm shall be reimbursed for Medicaid and uninsured (ADAP grant) at a combined rate of $157.00 per day for primary and residential care.

(d)(1) In accordance with federal law, the division of alcohol and drug abuse programs may use the following interim criteria to determine whether to enroll a state-supported Medicaid and uninsured population substance abuse program in the division’s network of designated providers, as described in the state plan:

(A) The program’s ability to provide the quality, quantity and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the Commission of Accreditation of Rehabilitation Facilities, the Joint Commission on Accreditation of Healthcare Organizations, or the Commission on Accreditation for Family Services.

(B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in subdivision (1) of this subsection are satisfied.

(C) All programs shall continue to fulfill grant or contract agreements.

(2) The provisions of subdivision (1) shall not preclude the division’s “request for bids” process.

(3)(A) A commission on the state Medicaid and uninsured substance abuse treatment provider reimbursement network is created to consider whether to create a preferred provider system, or whether to create an any willing provider system. If the commission recommends creating a preferred provider system ,it shall recommend criteria to use when designating and un-designating a preferred provider.

(B) The commission’s findings and recommendations shall be reported to the house and senate committees on appropriations and on health and welfare on or before January 1, 2003.


(C) The commission shall consist of the director of the division of drug and alcohol abuse programs, two members of the house of representatives appointed by the speaker of the house, two members of the senate appointed by the committee on committees, the president of the Vermont Association of Addiction Treatment Programs, and five additional members appointed by the secretary of human services: a representative of Friends of Recovery, a private practitioner, a representative of an inpatient treatment program, a representative of an outpatient treatment program, and a representative of the agency of human services with knowledge and experience in the Medicaid program.

(D) The secretary shall appoint members on or before July 1, 2002, and shall convene the first meeting of the commission within 30 days following initial appointments. The secretary shall appoint a chair and vice chair at the first meeting. Commission members shall serve without compensation, except that legislative members shall receive per diem compensation and reimbursement of expenses in accordance with 2 V.S.A. § 406. The agency of human services shall provide professional and administrative support to the commission.

(4) The provisions of this subsection shall be repealed on June 30, 2003.

Sec. 132. OPIATE ADDICTION TREATMENT

(a) Notwithstanding the provisions of 18 V.S.A. § 4702(b)(7), the commissioner of health may approve up to five opiate addiction treatment programs operated by, and located outside of, a hospital or medical school, after consideration of the space requirements and space availability at the hospital or medical school, provided the program is located in a multi-use building, so the purpose for which a person is entering or leaving the building is not obvious. Programs approved by the commissioner shall be located in close proximity to other medical and social services, and shall not be geographically located in isolated community settings.

Sec. 133. REIMBURSEMENT RATES FOR OPIATE ADDICTION TREATMENT PROGRAMS

(a) The commissioner of health shall establish, after conducting negotiations with hospitals and medical schools, reimbursement rates that reflect the reasonable cost of opiate addiction treatment programs.

Sec. 134. Medical practice board


Total 596,239


Source of fundsSpecial funds 596,239

Sec. 135. Medical practice board - Vermont practitioner health program



Sec. 136. Social and rehabilitation services - administrative and support services



General fund 1,015,032Federal funds 1,222,385

Total 2,288,500

Sec. 137. Social and rehabilitation services - social services



General fund 24,641,072Special funds 962,450Federal funds 40,181,140

Total 65,784,662

(a) Of the above appropriation, $681,580.00 shall be used to support runaway youth with crisis and family stabilization support services. Funds in this section shall be provided to the Vermont coalition of runaway and homeless youth programs through a grant from the agency of human services for the purpose of reducing the rate of out-of-home placements by coordinating with the departments of developmental and mental health services and of social and rehabilitation services immediate response and family stabilization programs and other community - based programs that maximize federal receipts, including the coordination of data collection and tracking outcomes for children, youth and families.

Sec. 138. Social and rehabilitation services - child care services



Grants 27,581,981Total 29,682,903

Source of fundsGeneral fund 5,797,402Transportation fund 75,000Special funds 832,000Federal funds 22,901,249Interdepartmental transfer 77,252

Total 29,682,903

(a) The division of child care services shall not impose a cap on the number of subsidized child care scale slots without prior review of program utilization during the fiscal year 2003 budget adjustment process.

(b) Of the above appropriation, $100,000.00 shall be for a child care facilities fund. This fund shall be utilized on an on-going basis for the provision of emergency loans or grants to child care facilities for various capital improvements for the facilities’ continued economic viability. This financial assistance shall only be available to licensed facilities, and priority shall be given to assisting facilities in greatest financial distress whose financial circumstances impede their ability to obtain commercial financing for necessary improvements. The department may provide loans, grants, or combinations thereof, as the circumstances warrant. In the event that a property for which a grant has been awarded changes use within less than three years of the award, the state may pursue recovery of all or a portion of the amount of the grant award. Recovery may be through a lien on the property or other means considered reasonable. Change of use shall mean the property no longer serves as a child care facility as when the grant was awarded. The fund shall be used in a manner that maximizes other funding sources to meet financial and programmatic needs.

Sec. 139. [Deleted]

Sec. 140. [Deleted]

Sec. 141. [Deleted]

Sec. 142. Social and rehabilitation services - Woodside rehabilitation center



General fund 2,441,844Interdepartmental transfer 27,737


Total 2,469,581

(a) The departments of social and rehabilitation services and of corrections shall, by November 1, 2002, submit to the senate committees on judiciary and on appropriations a report on placement and supervision of detained or sentenced 16 and 17-year-old youth in the custody of the department of corrections, and the most appropriate use of the Woodside facility. The report shall examine the confinement, community supervision and treatment needs of these youth, recommend options for service improvement, and shall include a review of transitional services for youth leaving the custody of the commissioner of social and rehabilitation services. The report shall also include recommendations regarding placement of the emergency services program in a state-owned facility, as well as examining combining administrative and supervisory functions of the emergency services program with other functions of the department.

Sec. 143. Social and rehabilitation services - disability determination services



Federal funds 2,979,886Interdepartmental transfer 245,145

Total 3,225,031

Sec. 144. Social and rehabilitation services - family support child care



Total 1,489,949

Sec. 145. Prevention, assistance, transition, and health access - administration



General fund 12,070,236Special funds 1,962,319Federal funds 17,768,226

Total 31,800,781


(a) Notwithstanding the requirements in 3 V.S.A. §2222 that require an independent expert review of any recommendation for information technology activity, the department of prevention, assistance, transition, and health access shall be exempted from the operation of the statute when the department is engaged in multi-state coordinated activities that utilize a technology system common to all the participating states.

Sec. 146. Prevention, assistance, transition, and health access - Reach Up



Total 43,538,736

(a) An 18-year-old dependent child who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age 19 or not expected to complete the program before reaching age 19 solely due to a documented disability, may remain on the Reach Up grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision.

Sec. 147. Prevention, assistance, transition, and health access - aid to aged, blind and disabled

Personal services 1,231,308Grants 9,574,128



Sec. 148. Prevention, assistance, transition, and health access - Medicaid

Personal services 13,664,281Grants 468,069,123


General fund 67,500,000Tobacco fund 17,250,000Federal funds 304,079,889Special funds 92,903,515

Total 481,733,404

(a) HIV/AIDS health insurance assistance program.


(1) The department, in cooperation with the department of health, shall operate an HIV/AIDS insurance assistance program.

(2) The program shall pay all or a portion of continuation health insurance premiums for those eligible individuals with HIV/AIDS for whom it can be determined that continuation of private insurance coverage is less costly to the state than other alternatives.

(3) Eligibility for this program shall be limited to individuals whose household income does not exceed 200 percent of the federal poverty level, after deducting unreimbursed medical expenses and health insurance premiums from gross income, and whose assets, exclusive of the primary residence and certain other exclusions to be defined by the department of prevention, assistance, transition, and health access, do not exceed $10,000.00.

(4) Expenditures under this program shall not exceed $55,000.00 in fiscal year 2003.

(b) The commissioner shall adopt rules for VHAP, for otherwise eligible individuals, so that:

(1) Uninsured or underinsured individuals who did not have coverage under another health insurance plan within the 12 months prior to the month of application or meet one of the exceptions listed in subdivision (2) of this subsection shall be permitted to enroll in VHAP.

(2) Individuals shall be permitted to enroll in the VHAP despite having had coverage during the prior 12 months, if:

(A) their employer-sponsored coverage ended because of:

(i) loss of employment;

(ii) death of the principal insurance policyholder;

(iii) divorce or dissolution of a civil union;

(iv) no longer qualifying as a dependent under the plan of a parent or caretaker relative; or

(v) no longer qualifying for COBRA, VIPER or other state continuation coverage; or

(B) college or university-sponsored health insurance became unavailable to them because they graduated, took a leave of absence, or otherwise terminated their studies; or

(C) their household income, after allowable deductions, is at or below 75 percent of the federal poverty guideline for households of the same size.


(c) The department is not authorized to amend the rules for the Medicaid program to require adult beneficiaries to pay a 50 percent coinsurance for services provided for the determination of visual efficiency and the measurement of the powers or defects of vision, and eyewear.

(d) The department is not authorized to amend the rules for VHAP to require beneficiaries to pay a 50 percent coinsurance for services provided for the determination of visual efficiency and the measurement of the powers or defects of vision, and eyewear.

(e) The department is authorized to amend the rules for VHAP to require beneficiaries to pay a $25.00 copayment for each emergency room visit, a $5.00 per day copayment for each hospital outpatient visit, and an $5.00 copayment for physician, other practitioner, and physical, occupational, speech and nutrition therapy visits. Such rules shall not be amended to require VHAP beneficiaries to pay a $250.00 deductible for each hospital admission.

(f) The sum of $267,000.00 of state funds appropriated by this section shall be allocated to increase per diem reimbursement for residential care facilities.

(g) The department is not authorized to amend the rules for the Medicaid program to eliminate coverage for dentures for adults, nor to modify the scope of coverage for dental services for adults to be limited to the alleviation of pain and suffering, or to control infection.

(h)(1) On or before July 1, 2002, the department shall implement a comprehensive preferred drug list for all state pharmaceutical assistance programs, as authorized by Sec. 123(n) of No. 63 of the Acts of the 2001 Session of the General Assembly. In developing the comprehensive preferred drug list, the department, the department’s pharmacy benefit manager and the department’s drug utilization review board shall review and consider for inclusion on the preferred drug list all prescription drugs on the Medicaid formulary, and all possible therapeutic classes of prescription drugs. As used in this subdivision, “state pharmaceutical assistance programs” include the prescription drug coverage programs provided through Medicaid, VHAP, VHAP-Pharmacy, VScript, VScript-Expanded, the state children’s health insurance program, the General Assistance program, and any other state pharmaceutical assistance program.

(2) VHAP-Rx program beneficiaries shall pay a copayment of $1.00 for each generic drug dispensed, and a copayment of $3.00 for each other drug dispensed.

(3) VScript program beneficiaries pay a copayment of $2.00 for each generic drug dispensed, and a copayment of $4.00 for each other drug


dispensed.

(i) The department is not authorized to amend the rules for the Medicaid and VHAP programs to eliminate coverage for chiropractic services for adults.

(j) The Medicaid and VHAP programs shall continue to include coverage of adult podiatry services.

(k) The rules for hospital outpatient reimbursement shall not be amended to pay, on an interim basis, a hospital specific interim percentage of charge, less ten percent.

(l) The sum of $355,000.00 of state fund amounts appropriated by this section shall be allocated for an annual cost of service increase for hospitals in accordance with established reimbursement methodologies. The sum of $1,250,000.00 of state and federal fund amounts appropriated by this section shall be allocated, together with provider tax receipts, for disproportionate share payments to hospitals.

(m) The commissioner shall amend the Medicaid rules and procedures related to income, resources, and transfers of assets used to determine eligibility of individuals for long - term care coverage. These amendments shall include each of the following changes:

(1) Applicants or recipients of Medicaid shall be permitted to claim one principal place of residence as an excluded resource, subject to federal law. If the applicant or recipient owns any legal interest in more than one residence, he or she must designate which one residence shall enjoy the principal place of residence exclusion. His or her interests in the other residences shall be considered countable resources.

(2) A life estate held by the applicant or recipient with a reserved power-to-sell (other than the principal place of residence) shall be considered a countable resource and valued at the full fair market value of the fee estate, notwithstanding the purported creation of a remainder interest in another party.

(3) The current rule permitting the applicant or recipient to retain jointly-owned real estate when one or more of the co-owners refuses to sell shall be repealed with respect to joint interests created within the 36-month lookback period and, instead, a rebuttable presumption shall exist that full equity value of the real estate is owned by the applicant or recipient. If the applicant or recipient succeeds in rebutting the presumption by showing that one or more of the co-owners have purchased shares of the property, the department shall consider the applicant’s or recipient’s proportional (not pro rata) contribution toward the value of the property in calculating the resource


value to the applicant or recipient. This rule shall not apply to joint-interests created prior to the lookback period.

(4) The commissioner shall adopt rules that are comparable with and no less restrictive than the Supplemental Security Income regulations concerning treatment of real estate held out for sale (i.e., the bona fide effort to sell rules).

(5) The current rule permitting the applicant or recipient to retain income-producing property shall be amended to clarify that such property shall be considered a countable resource unless the real estate generates at least six percent of its fair market value in net annual income after allowable expenses related to producing the income are deducted.

(6) The current rule permitting the applicant or recipient to transfer up to the value of the average monthly cost of private nursing home care without incurring a disqualification penalty (so-called partial month transfers) shall be repealed and replaced with a rule permitting applicants or recipients to transfer no more than the average daily cost of nursing home care without penalty.

(7) The current rules pertaining to burial funds shall be repealed and replaced with a rule permitting applicants or recipients to conserve up to $10,000.00 for funeral and burial expenses. The $10,000.00 limit shall apply regardless of the manner in which the funds are held (revocable vs. irrevocable; burial contract vs. burial trust vs. bank account vs. insurance designated for burial).

(8)(A) Purchase of annuities within the 36 - month lookback period naming a beneficiary other than the applicant or recipient or the applicant’s or recipient’s spouse shall be considered a transfer of assets, and the full purchase price of the annuity shall be considered in calculating the disqualification penalty. Purchase of an annuity naming the applicant’s or recipient’s spouse as the beneficiary shall be an excluded resource, provided:

(i) the term of the annuity is no shorter than the spouse’s actuarial life expectancy; and

(ii) the applicant or recipient is named as the primary beneficiary of any remaining annuity payments following the death of the spouse.

(B) Annuity payments received by the applicant’s or recipient’s spouse shall be counted as income when calculating the spouse’s own eligibility for Medicaid. If payments from the annuity, when combined with other income received by the community spouse, exceed the Medicaid spousal income allocation, any income in excess of the spousal income allocation must be used to pay for the applicant’s or recipient’s care.


(n) The sum of $400,000.00 of state fund amounts appropriated by this section shall be allocated for an annual cost-of-service increase for physicians and other health care providers.

(o) The sum of $100,000.00 of state fund amounts appropriated by this section shall be allocated for an annual cost-of-service increase for dental providers.

(p) The sum of $200,000.00 of state fund amounts appropriated by this section shall be allocated for the state share of pharmacy discount program payments pursuant to the provisions of H.31 as enacted by this session of the General Assembly.

(q) Definitions. As used in this section:

(1) “Commissioner” means the commissioner of the department of prevention, assistance, transition, and health access.

(2) “Department” means the department of prevention, assistance, transition, and health access.

(3) “Health assistance programs administered by the department” means Medicaid, VHAP, VHAP-Pharmacy, VScript, VScript-Expanded, the state children’s health insurance program, the medical assistance component of the General Assistance program, and any other state health care assistance program administered by the department.

(4) “Medicaid” or “Medicaid program” means the medical assistance program authorized by chapter 19 of Title 33 and Title XIX of the federal Social Security Act.

(5) “VHAP” or “Vermont health access plan” means the programs of health care assistance authorized by federal waivers under Section 1115 of the Social Security Act, by No. 14 of the Acts of the 1995 session of the General Assembly, and by further acts of the General Assembly.

(6) “VHAP-Pharmacy” means the VHAP program of state pharmaceutical assistance for elderly and disabled Vermonters with income up to and including 150 percent of the federal poverty level (hereinafter “FPL”).

(7) “VScript” means the Section 1115 waiver program of state pharmaceutical assistance for elderly and disabled Vermonters with income over 150 and less than or equal to 175 percent of FPL, and administered under subchapter 4 of chapter 19 of Title 33.

(8) “VScript-Expanded” means the state-funded program of pharmaceutical assistance for elderly and disabled Vermonters with income


over 175 and less than or equal to 225 percent of FPL, and administered under subchapter 4 of chapter 19 of Title 33.

Sec. 149. Prevention, assistance, transition, and health access - general assistance


General fund 3,264,939Special funds 1Federal funds 811,320

Total 4,076,260

(a) Of the above appropriation, $227,000.00 in federal TANF funds and $50,000.00 in general funds is allocated specifically for assistance to families who demonstrate that they are faced with a reasonably preventable loss of housing and who meet state requirements for this assistance, as established by regulation effective July 1, 1998, including modifications effective July 1, 1999 and July 1, 2000. Of the above general fund appropriation, $50,000.00 shall be used for the “Not For Cause” rental assistance program. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds.

(b) The commissioner of prevention, assistance, transition and health access, after consultation with organizations representing affected general assistance recipients, shall file with the legislative committee on administrative rules, before October 1, 2002, a final proposed rule amending the standards and procedures for awarding assistance in connection with nonpayment of rent or mortgage arrearage, with the goal of creating a more rational, efficient and effective program.

(c) Of the above appropriation, an amount not to exceed $150,000.00 ($75,000.00 federal TANF funds and $75,000.00 general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations, and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds.

(d) The commissioner of prevention, assistance, transition, and health access shall adopt rules to require the cremation of the bodies of individuals buried at public expense, as authorized by 33 V.S.A. § 2301, unless the decedent or the decedent’s family has expressly requested an alternate arrangement.


(e) The commissioner of prevention, assistance, transition, and health access shall establish the procedures necessary to limit general assistance payment for medical and dental services and items to those required to treat an emergency medical need, as defined by rule, for applicants not subject to an income eligibility test. Such procedures shall, at a minimum, incorporate the features of the pharmacy best practices and cost control program authorized under Sec. 123(n) of No. 63 of the Acts of 2001, and the establishment of a list of drug classifications for which general assistance payments are not made. The commissioner shall adopt such rules as are necessary to establish the procedures specified in this subsection.

Sec. 150. Prevention, assistance, transition, and health access - home heating fuel assistance/LIHEAP




Sec. 151. PREVENTION, ASSISTANCE, TRANSITION, AND HEALTH ACCESS - HOME HEATING FUEL ASSISTANCE/LIHEAP

(a) All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in fiscal year 2003, and all unexpended LIHEAP funds granted to the state in fiscal year 2002, are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under chapter 26 of Title 33.

(b) For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2002, and program administration, the commissioner of finance and management shall transfer $2,550,000.00 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available. An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received. Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2002-2003 crisis set-aside and seasonal home heating fuel assistance through December 31, 2002, and LIHEAP funds awarded as of December 31, 2002 for fiscal year 2003 do not exceed $2,550.000.00, subsequent payments under the home heating fuel assistance program shall not


precede January 30, 2003. Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available, except that for fuel assistance payments made through December 31, 2002, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund.

Sec. 152. THE ADOPTION OF PREVENTION, ASSISTANCE, TRANSITION, AND HEALTH ACCESS RULES

(a) The secretary of human services is authorized to adopt rules under the expeditious rulemaking procedures provided in this section in order that changes reflected in this act to programs administered by the department of prevention, assistance, transition, and health access may be implemented by July 1, 2002. Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the agency of human services may file prior to and adopt, effective July 1, 2002, all rules necessary to:

(1) exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2003;

(2) amend the 12-month rule for VHAP eligibility pursuant to Sec. 148(b) of this act;

(3) amend cost sharing for VHAP beneficiaries pursuant to Sec. 148(e) of this act;

(4) amend cost sharing for VHAP-Rx, VScript and VScript-Expanded beneficiaries pursuant to Sec. 148(h) of this act; and

(5) amend long term care eligibility rules pursuant to Sec. 148(m) of this act.

(b) Such rules may be adopted by filing them in proposed form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after the agency of human services publication, in three daily Vermont newspapers of highest average circulation, of a notice that lists all rules to be adopted by this process and provides for a seven-day public comment period. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A. § 842, except that its action shall be completed within 20 days. Rules so adopted may be effective as soon as five days after adoption, have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25, and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the


secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section.

Sec. 153. Prevention, assistance, transition, and health access - food stamp cash out


Federal funds 4,790,717

Sec. 154. Developmental and mental health services - central office




Total 2,888,756

Sec. 155. Developmental and mental health services - community mental health



General fund 23,333,795Special funds 6,893,538Federal funds 45,290,085Interdepartmental transfer 2,009,246

Total 77,526,664

Sec. 156. Developmental and mental health services - developmental services



General fund 31,099,259Special funds 905,890Federal funds 51,734,726Interdepartmental transfer 1,093,300

Total 84,833,175


Sec. 157. Developmental and mental health services - Vermont state hospital




Total 10,801,837

(a) The commissioner of the department of buildings and general services is directed to undertake an analysis of the food service programs at the Waterbury and Montpelier state complexes to determine whether such services should remain privatized or be combined utilizing state employees under the management of the department of buildings and general services. The commissioner shall report findings and recommendations with a budget summary to the general assembly on or before January 15, 2003. No privatization of these services shall be made without legislative approval.

Sec. 158. Developmental and mental health services - employment services



Total 931,188

Sec. 159. Aging and disabilities - administration and support



General fund 4,244,235Special funds 295,000Federal funds 9,402,807Interdepartmental transfer 1,076,876

Total 15,018,918

(a) Personal care attendants are exempt from 21 V.S.A. § 342 and shall not be construed as state employees except for purposes of 21 V.S.A. chapters 9 and 17.


(b) Of the above appropriation, at least $10,000.00 shall be expended by the department for the support of “The Independent”, an independent newsletter to provide information and education on aging and disabilities issues.

Sec. 160. Aging and disabilities - division of advocacy and independent living


General fund 8,354,725Transportation fund 522,000Special funds 710,855Federal funds 8,162,240Interdepartmental transfer 75,000

Total 17,824,820

(a) Notwithstanding 32 V.S.A. § 706, the department may transfer up to $250,000.00 in general funds for the elderly mental health initiative to the department of developmental and mental health services to maximize the use of Medicaid funds.

(b) The conversion of 10 lower-level beds to nursing home level of care shall be deemed approved, notwithstanding the provisions of subchapter 5 of chapter 221 of Title 18, provided that the nursing home has reduced the number of its nursing home beds from 50 to 30 within the previous five years, and the potential annual cost to the state, calculated by assuming that all converted beds will be funded by Medicaid, shall not exceed $250,000.00.

Sec. 161. Aging and disabilities - blind and visually impaired



Total 1,416,285

Sec. 162. Aging and disabilities - vocational rehabilitation



Total 5,095,515

Sec. 163. Aging and disabilities - TBI home and community based waiver




Total 2,251,760

(a) The state shall allocate the appropriation for the traumatic brain injured waiver for fiscal year 2003 in the following manner: rehabilitation program, 77 slots; long-term program, 22 slots. The number of long-term program slots may be increased by no more than eight if matching funds are available to support the additional slots.

Sec. 164. Office of economic opportunity



General fund 1,094,134Special funds 91,615Tobacco fund 50,000Federal funds 3,774,946Interdepartmental transfer 365,377

Total 5,376,072

(a) Of the above general fund appropriation, $485,000.00 shall be granted to community agencies for homeless assistance by preserving existing services or increasing resources available statewide. These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds. Grant decisions shall be made with assistance from the coalition of homeless Vermonters.

(b) On a one-time basis in fiscal year 2003, $23,000.00 of the above general fund appropriation shall be for an emergency grant to a homeless assistance program that is facing funding shortfalls that will result in significantly reduced services.

Sec. 165. Office of economic opportunity - weatherization assistance




Special funds 4,500,998Federal funds 950,438

Total 5,451,436

Sec. 166. Corrections - administration




Total 5,693,040

(a) The department of corrections, the court administrator, the office of state’s attorneys and the office of the defender general shall report to the house and senate committees on judiciary on or before January 15, 2003 on the increase in the number of pre-trial detainees. The report shall include data on the number of current and past pre-trial detainees, causes of the recent increase in the number of pre-trial detainees, descriptions of the costs of housing pre-trial detainees as compared to releasing those persons pending trial, and recommendations for legislation to reduce the number of trial detainees.

Sec. 167. Corrections - parole board




(a) To reduce the costs of transportation and meeting time, the parole board is directed, whenever possible, to conduct interviews and reviews with inmates eligible for parole and parolees though the use of videoconferencing technology.

Sec. 168. Corrections - correctional education





Total 2,990,982

Sec. 169. Corrections - correctional services



General fund 71,315,197Transportation fund 1,424,702Special funds 474,500Tobacco funds 87,500Federal funds 465,651Interdepartmental transfer 191,997

Total 73,959,547

(a) Of the above general fund appropriation, $67,000.00 shall be used as a grant to Dismas House of Vermont, Inc.

(b) In order to achieve reductions in the cost of placements of Vermont inmates in out-of-state correctional facilities, the commissioner of corrections is directed to solicit competitive bids from public and private correctional facilities and institutions located in another state.

(c) Any fees collected by the department pursuant to 28 V.S.A. § 102(c)(14) in excess of $500,000.00 may be used by the department to establish criminal justice grants under section 101 of this title, or for any other purpose to further the goals of restorative justice and offender re-entry.

Sec. 170. 28 V.S.A. § 102(c)(14) is amended to read:

(14) To collect a fee in the amount of $30.00 per month as a supervisory fee from each person under the supervision of the department who is on probation, furlough, supervised community service, or parole, except that offenders on reparative probation, and offenders who cannot pay or can demonstrate other good cause may be exempted from such fee. Supervisory fees collected by he department shall be credited to a special supervision and victim restitution fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, for this purpose and shall be used by the department for expenditures relating to probation, furlough, supervised community service and parole programs and to reimburse victims of crime. In every fiscal year, operational expenses shall take precedence over victim restitution. The commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision


fees. To collect a fee up to the amount of $30.00 per month as a supervisory fee from each person under the supervision of the department who is on probation, furlough, pre-approved furlough, supervised community sentence or parole. Supervisory fees collected by the department shall be credited to a special supervision and victim restitution fund, established and managed pursuant to 32 V.S.A, chapter 7, subchapter 5, for this purpose. The commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision fees and the offender’s ability to pay such fees.

Sec. 170a. Sec. 103 of No. 63 of the Acts of 2001, as amended by Sec. 14 of H.646 of 2002, is further amended to read:

Sec. 103. Corrections - corrections services

Personal services 47,744,756 47,782,256 Operating expenses 24,670,716 24,952,383 Grants 467,000 467,000 Total 72,882,472 73,201,639 Source of funds General fund 70,462,241 70,781,408 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 72,882,472 73,201,639

* * *

(d) To provide additional supervision for the correctional system community population, the establishment of eight (8) eleven (11) new classified positions – four (4) seven (7) 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.

(e) The department shall reallocate from corrections central office to correctional facilities or field offices in fiscal year 2002 five (5) positions. The department shall utilize these positions to the greatest extent possible to increase field coverage.

(f) The department shall look at ways to reduce or eliminate contracts to provide savings in contract services in fiscal year 2003.


(g) The department of corrections shall prepare and provide quarterly reports through fiscal year 2004 to the house and senate committees on appropriations and the joint corrections oversight committee. The reports shall be provided to the Vermont state employees' association for its comment and review at least 15 days prior to submission to these committees. These reports shall be transmitted to the house and senate committees on appropriations and the joint corrections oversight committee within 30 days after the completion of a quarter, with any comments from the union attached. The reports shall include:

(1) The numbers of intensively supervised field population;

(2) The filled positions in the field providing supervision to that population;

(3) The relationship between the filled positions and the coverage ratios established by the department both statewide and by region. The coverage ratios shall be those presented to the legislature as part of the fiscal year 2002 budget adjustment consideration process; and

(4) Any recommendations for changes relating to coverage or position requirements.

Sec. 170b. SUNSET REPEAL

(a) 28 V.S.A. § 104(d) (sunset for community notification requirement for furloughed offenders) is repealed.

Sec. 170c. 28 V.S.A. § 721 is amended to read:

§ 721. Offender reintegration; state policy

The department shall establish an offender reintegration process that requires offenders to be held accountable to their victims and the community. This process shall provide opportunities for victims of crime and other members of the community to participate in reentry programs under section 2a of this title and to allow for victims and members of the communities to provide input to the department as provided for in subsection 104(a) of this title. Such input shall include, but not be limited to, the nature of the planned supervision, the offender’s work and education needs, the potential impact to the victim(s) of the offender’s presence in the community, and the opportunities to make use of the offender’s abilities within the community. An offender who participates in the reintegration process provided for in this subchapter may be placed in the community under the department’s supervision for the remainder of the sentence if the department is satisfied that the offender is demonstrating progress in his or her reentry programs and that


the offender does not present an unreasonable risk to his or her victims or to the community at large.

Sec. 170d. JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE

(a) A joint legislative corrections oversight committee is created. The committee shall exercise oversight over the department of corrections and work with and provide assistance to other legislative committees on matters related to corrections policies.

(b) The committee shall be composed of eight members: four members of the house of representatives, who shall not all be from the same party, appointed by the speaker of the house, and four members of the senate, who shall not all be from the same party, appointed by the committee on committees. To the extent practicable, one appointment shall be made from each of the following house and senate committees: appropriations, health and welfare, judiciary, and institutions.

(c) The committee shall elect a chair, vice chair, and clerk from among its members. The committee shall keep a record of its meetings. A quorum shall consist of five members.

(d) When the general assembly is in session, the committee shall meet at the call of the chair. The committee may meet during adjournment, subject to approval of the speaker of the house and the president pro tempore of the senate. For attendance at a meeting when the general assembly is not in session, members of the committee shall be entitled to compensation for services and reimbursement of expenses as provided under 2 V.S.A. § 406(a).

(e) The professional and clerical services of the joint fiscal office and the legislative council shall be available to the committee.

(f) In addition to the general responsibilities set forth in subsection (a) of this section, the committee shall:

(1) Oversee preparation of a comprehensive description of the department of corrections’ programs.

(2) Oversee development and implementation of a continuous quality improvement evaluation of the department’s substance abuse programs.

(3) Review and make recommendations on the department of corrections' strategic, operating and capital plans.

(4) Review and make recommendations to the committees on appropriations regarding departmental budget proposals.


(5) Provide general oversight on departmental policy development.

(6) Encourage improved communications between the department and the other components of the criminal justice system.

(7) Review ways to reduce costs to the system by reducing the number of short-term sentences and the number of detainees.

(8) Consider the following issues:

(A) Replace indefinite probation with a presumptive parole system.

(B) Make collection of restitution exclusively a civil matter.

(g) The committee shall report its findings, together with recommendations, to the general assembly no later than December 1 of each year. The report shall describe the committee’s activities in connection with the issues listed in subsection (f) in subdivisions (1)-(5) of this section that have not been thoroughly addressed by preceding reports. In addition, the committee’s report for 2003 shall include its recommendation on whether the life of the committee should be extended beyond fiscal year 2005.

Sec. 170e. SUNSET

(a) Sec. 170d of this act shall expire June 30, 2005.

Sec. 170f. CORRECTIONS; WOODSTOCK REGIONAL CORRECTIONAL FACILITY

(a) There is transferred from the department of corrections the sum of $10,000.00 to the department of buildings and general services. The commissioner of the department of buildings and general services shall consult with the Windsor County officials and the Town and Village officials of Woodstock as to appropriate alternative uses of the facility, and may utilize the funds transferred for design and planning that will enhance the utilization of the facility for the benefit of Windsor County and the Town of Woodstock.

(b) In addition to the quarterly reports required in Sec. 103 of No. 63 of the Acts of 2001, as amended, the department of corrections shall provide reports every other month to the joint legislative corrections oversight committee on intensively supervised field population and the number of filled positions in the field providing supervision to that population. Once all intensive field supervision positions created in Sec. 103 of No. 63 of the Acts of 2001, as amended, as well as those positions reassigned as field supervision positions as a result of the change of status of the Woodstock regional correctional facility are filled and the department has demonstrated for a period of three consecutive months that the recommended coverage ratios statewide for intensive supervision are met, these reports will no longer be required.


Sec. 171. Corrections - correctional facilities - recreation




Sec. 172. [Deleted]

Sec. 173. Corrections - Vermont correctional industries




Sec. 174. [Deleted]

Sec. 175. Children’s trust fund



Total 284,156

(a) At least 65 percent of the state appropriation for the children’s trust fund will be awarded for community-based program activities for the broad range of child abuse and neglect prevention activities.

Sec. 175a. Governor’s commission on women

Personal services 194,680Operating expenses 55,706Total 250,386

Source of fundsGeneral fund 225,386Special funds 5,000Interdepartmental transfer 20,000

Total 250,386

Sec. 176. Retired senior volunteer program




Sec. 177. Disabled & needy veterans



General fund 37,690

Sec. 178. Vermont veterans’ home - care and support services




Total 12,399,126

Sec. 179. AMENDMENT

Sec. 3 of No. 3 of the Acts of 1999, as amended by Sec. 118 of No. 152 of the Acts of 2000 and Sec. 125 of No. 63 of the Acts of 2001, is further amended to read:


This act shall be effective from the date of passage and Sec. 2 shall be repealed on July 1, 2002.

Sec. 179a. Sec. 1 of No. 3 of the Acts of 1999 is amended to read:

Sec. 1. VERMONT VETERANS’ HOME; PAYMENT RATES

Notwithstanding any other provision of law, beginning on April 1, 1999, or such other later date as will assure the receipt of federal matching funds, payment rates for Medicaid services provided to Vermonters residents in the Vermont Veterans' Home shall be determined retrospectively by the division of rate setting based on the reasonable and necessary budgeted costs of providing those services. The secretary of human services may adopt emergency rules to implement the provisions of this section.


Sec. 4. NURSING POSITIONS AT THE VERMONT VETERANS’ HOME


* * *

(c) This section is repealed on July 1, 2002 2004.

Sec. 181. Vermont Association for Blind and Visually Impaired, Inc.


General fund 24,885

Sec. 182. Total human services 1,115,252,322

Source of fundsGeneral fund 322,627,862Transportation fund 2,021,702Special funds 134,942,123Tobacco fund 23,977,500Federal funds 622,174,791Permanent trust 10,000Internal service funds 1,937,054Interdepartmental transfer 7,561,290

Total 1,115,252,322

Sec. 183. Employment and training



General fund 220,998Special funds 10,000Federal funds 24,098,356Interdepartmental transfer 2,951,000

Total 27,280,354

Sec. 184. Employment and training - apprenticeship



General funds 550,395Special funds 134,257

Total 684,652


Sec. 185. Total employment and training 27,976,239

Source of fundsGeneral fund 782,626Special funds 144,257Federal funds 24,098,356Interdepartmental transfer 2,951,000

Total 27,976,239

Sec. 186. Education - finance and administration




Total 15,314,628

Sec. 186a. REPEAL

(a) Sec. 128(b) of No. 62 of the Acts of 1999, relating to repeal of use of Medicaid reimbursement funds by supervisory unions for prevention and intervention programs on June 30, 2002, is repealed.

Sec. 186b. 16 V.S.A. § 2959a is amended to read:

§ 2959a. EDUCATION MEDICAID RECEIPTS

* * *

(c) At least annually, the commissioner of education shall pay to each supervisory union submitting Medicaid bills under this section, 50 percent of the reimbursed funds generated by the supervisory union’s bill, excluding claims generated by state-placed students. The Unless the supervisory union has agreed to use the funds to operate a supervisory unionwide program or to distribute the funds in a different manner, upon receipt, the supervisory union shall distribute the funds to its member school districts based on how the funds were generated unless the supervisory union board has agreed to a different distribution. The commissioner of education may withhold payment due a school district pursuant to § section 2950 of Title 16 for a Medicaid-eligible state-placed student if the school district has not submitted a Medicaid claim for reimbursable services for that student.

* * *


(e) School districts shall utilize funds received under this section to pay for reasonable costs of administering the Medicaid claims process, and for prevention and intervention programs in grades pre-K through 12. The programs shall be designed to ensure all students achieve rigorous and challenging standards adopted in the Vermont framework of standards and learning opportunities or locally adopted standards. A school district shall provide an annual written justification to the commissioner of education of the use of the funds. Such annual submission shall show how the funds’ use is expressly linked to those provisions of the school district’s action plan that directly relate to improving student performance.

* * *

Sec. 187. Education - standards and assessment




Total 4,837,788

Sec. 188. Education - education quality



General fund 5,938,450Transportation fund 642,080Education fund 7,949,075Special funds 1,431,360Federal funds 83,573,598Interdepartmental transfer 1,262,295

Total 100,796,858

(a) The appropriations in this section shall be authorized, notwithstanding 16 V.S.A. §§ 1564, 1565, 1566, and 1567.

(b) Notwithstanding Sec. 163(b) of Act No. 63 of the Acts of 2001, the above appropriation includes $200,000.00 from the education fund for the purpose of awarding grants to technical centers to support innovative program


development responding to emerging technologies and providing high-skill, high wage employment. The commissioner shall give special consideration to new and innovative agricultural programs.

Sec. 188a. 16 V.S.A. § 1531(c) is amended to read:

(c) For a school district which is geographically isolated from a Vermont technical center, the state board may approve a technical center in another state as the technical center which district students may attend. In this case, the school district shall receive transportation assistance pursuant to section 1563 of this title and tuition assistance pursuant to section 1561(c) of this title. Any student who is a resident in the Windham Southwest supervisory union and who is enrolled in the Charles H. McCann Technical School at public expense shall be considered to be attending an approved technical center in another state pursuant to this subsection.

Sec. 189. [Deleted]

Sec. 190. Education - special education: formula grants


Education fund 69,750,914

(a) Notwithstanding the provisions of 16 V.S.A. § 2969 or any other provisions of law, the reimbursements and grants pursuant to 16 V.S.A. § 2967 for fiscal year 2003 costs incurred by school districts shall be paid partially from the fiscal year 2003 appropriation and partially from the fiscal year 2004 appropriation. The fiscal year 2003 appropriation shall cover the final reimbursements for fiscal year 2002, with the remainder available for reimbursements for fiscal year 2003 grants and reimbursements. Funds distributed to school districts for fiscal year 2003 expenses, but to which the school districts were not entitled, based on final reports for fiscal year 2003, shall not be considered as part of the total expenditures for fiscal year 2003 under the 60-percent state funding provision of 16 V.S.A. § 2967, as limited by Sec. 10 of No. 117 of the Acts of 2000. Such funds held by local school districts shall be treated as expenditures in fiscal year 2004.

(b) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $2,797,220.00 shall be used by the department of education in fiscal year 2003 as funding for 16 V.S.A. § 2967(b)(2)-(6). In distributing such funds, the commissioner shall not be limited by the restrictions contained within 16 V.S.A. § 2969(c) and (d). In addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $125,000.00 may be


used by the department of education for its participation in the higher education partnership plan.

Sec. 191. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND SIX

(a) Education funds of the appropriation for special education - formula grants or other funds eligible to be used for matching federal funds may be used by each supervisory union to participate in the Success Beyond Six program. The purpose of the program is to expand local partnerships to enhance the educational opportunities of students who are at risk of failure in school. The services are to be supplied through contracts with community-based Medicaid providers. The form and substance of the contracts shall be established as part of the overall agreement for the implementation of the program to be executed between the commissioner of education and the secretary of human services.

Sec. 192. Education - state-placed students



Sec. 193. Education - adult basic education


Education fund 2,782,400Federal funds 872,911Interdepartmental transfer 200,000

Total 3,855,311

(a) To ensure long term consistent funding for adult basic education programs, the department of education shall develop a per pupil block grant based funding formula for the 16-19 year old ABE participants. This formula shall be submitted as part of the executive budget for fiscal year 2004.

Sec. 193a. USE OF EDUCATION FUND MONIES

16 V.S.A. §4025(b) is hereby amended by adding the following:

(4) Expenditures for adult basic education programs funded through the department of education.

Sec. 194. EDUCATION - EDUCATION GRANTS

(a) There is appropriated from the education fund for fiscal year 2003 to the department of education $601,043,821.00. Of the amount appropriated,


$569,758,024.00 shall fund the general state support grant under 16 V.S.A. § 4011 at $5,566.00 for each equalized pupil, $27,164,260.00 shall fund the standard mainstream block grant under 16 V.S.A. § 2961, and $4,121,537.00 shall fund the essential early education grant under 16 V.S.A. § 2948(c).

Sec. 195. Education - transportation



Sec. 196. Education - small school grants



Sec. 197. Education - capital debt service aid



Sec. 197a. FISCAL YEAR 2003 PREDICTABLE YIELD UPDATE

(a) On June 20, 2002, the commissioner of education shall review the fiscal year 2003 predictable yield set in September 2001 under 16 V.S.A. § 4027 in light of new grand list and budget information. If fiscal year 2003 yield support would allow a higher fiscal year 2003 yield, the commissioner shall calculate a revised yield based on the new information so that $34,000,000.00 of the education fund yield support is used. For fiscal year 2003, school district payments to and from the education fund in accordance with 16 V.S.A. § 4027 (b) shall be made with the yield as revised by this subsection.

Sec. 198. Education - local share property tax



(a) This appropriation of $42,200,000.00 or such other amount shall be paid to districts adopting budgets with local education spending in excess of the general state support grant and that are able to raise less than the predictable yield amount.

(b) The sum of $36,000,000.00 from the education fund is allocated to fund the fiscal year 2004 predicted yield calculated pursuant to 16 V.S.A. § 4027.


(c) In addition to the funds allocated in (b) of this section, such additional amounts are allocated from the education fund to fund the fiscal year 2004 predictable yield, consistent with the following:

(1) Only amounts in excess of the amount necessary to maintain the five percent reserve in the education fund.

(2) Not more that the amount necessary to fund a fiscal year 2004 predictable yield equivalent to the same percentile as the fiscal year 2003 predictable yield.

(d) For the purposes of presenting a balance sheet for the education fund in the years beyond fiscal year 2004, any funds in excess of the amounts necessary to maintain a five percent reserve in the education fund shall be allocated as follows:

(1) To fund a predictable yield at the same percentile as the fiscal year 2003 predictable yield.

(2) To increase the block grant.

Sec. 199. Education - fiscal review panel

Operating expenses 13,935Grants 34,000


General fund 47,935

Sec. 200. Education - civic education

Personal Services 1,500Operating expenses 1,500Grants 13,301


General fund 16,301

Sec. 201. Education - tobacco litigation



Tobacco fund 933,552

Sec. 202. Education - Act 117 cost containment





(a) Notwithstanding any provisions of law, expenditures made during fiscal year 2003 from this section shall be counted under 16 V.S.A. § 2967 as part of the state’s 60 percent of the statewide total special education expenditures of funds which are not derived from federal sources.

Sec. 203. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL FUND - DEPOSIT

(a) In addition to deposits to the Medicaid Reimbursement Administrative Special Fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2003, $1,185,116.00 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. 204. FUND APPROPRIATION AND TRANSFER

(a) There is appropriated in fiscal year 2003 from the general fund for transfer to the education fund the amount of $257,468,334.00.

(b) In fiscal year 2004, $266,479,725.00 shall be appropriated and transferred from the general fund to the education fund.

Sec. 205. State teachers’ retirement system



General fund 20,446,282Special funds 10,207,400

Total 30,653,682

(a) Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers’ retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL - CIO.


Sec. 206. 16 V.S.A. § 1944(c)(12)(E),and (F) are added to read:

(E) for fiscal year 2003, the applicable standard plan shall not exceed the cost of the $250.00 comprehensive plan offered by the board;

(F) for fiscal years 2004 and thereafter, the cost of the applicable standard plan determined under this subsection shall not exceed the cost of the $250.00 comprehensive plan offered in fiscal year 2003, adjusted for the appropriate fiscal year. In the event of the discontinuance of the $250.00 comprehensive plan, a plan with a comparable expenditure profile shall be used as a benchmark.

Sec. 207. TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS

(a) The amount of $2,240,000.00 in education funds is appropriated in fiscal year 2003 to implement the provisions of 32 V.S.A. §§ 4041(a), relating to payments to municipalities for reappraisal costs, and 5405(f), relating to payments of $1.00 per grand list parcel.

Sec. 207a. Property tax assistance – fiscal year 2003


General fund 8,405,436Transportation fund 3,842,637Education fund 86,745,000

Total 98,993,073

Sec. 207b. Sec. 177 of No. 63 of the Acts of 2001 is amended to read:

Sec. 177. Tax department - homestead property tax income sensitivity adjustments

Grants 83,702,004 80,500,000Source of funds General fund 5,343,272 5,158,263 Transportation fund 4,031,009 3,832,737 Education fund 74,327,721 71,509,000 Total 83,702,004 80,500,000

Sec. 208. Total general education 1,159,502,496

Source of fundsGeneral fund 289,274,833Transportation fund 642,080Education fund 755,068,966Special funds 11,695,724


Tobacco fund 933,552Federal funds 100,425,046Interdepartmental transfer 1,462,295

Total 1,159,502,496

Sec. 208a. HIGHER EDUCATION COMMISSION STUDY

(a) During fiscal year 2003 the commission on higher education funding shall study how Vermonters’ can best be provided with post secondary education opportunities. The commission’s studies shall include:

(1) A vision for public higher education in terms of alignment of the University of Vermont, the State Colleges, Vermont Technical College and the Community College of Vermont.

(2) A review of the fairness and efficiency of the distribution of public funding for students, especially including students who are the first in their families to attend college and institutions of higher education.

(3) A review of current laws and educational practices in Vermont.

(4) Needed changes if any, in governance structures particularly the composition and distribution of legislatively elected and appointed trustees on the boards of UVM, VSC and VSAC.

(b) The commission shall report its findings to the to the general assembly by November 1, 2003.

Sec. 209. University of Vermont



(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the 15th of each calendar month of the year.

(b) Of the above appropriation, $346,800.00 shall be transferred to EPSCoR for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.

Sec. 210. University of Vermont - Morgan horse farm


General fund 5,000

Sec. 211. Vermont public television




Sec. 212. Vermont state colleges



(a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont state colleges on or about the 15th of each calendar month of the year.

(b) Of the above appropriation, $100,000.00 shall be reserved for use as the state’s fiscal year 2003 contribution toward the growth of the endowment fund for the Vermont state colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 2003 appropriation will be the second of five annual appropriations, through fiscal year 2006, totaling $500,000.00. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed to between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for the purposes as designated by the board of trustees of the state colleges. By June 30, 2007, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state.

(c) Of the above appropriation, $400,860.00 shall be transferred to the Vermont Manufacturing Extension Center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both.

Sec. 213. Vermont state colleges - practical nursing schools



Sec. 214. Vermont interactive television




Sec. 215. Vermont student assistance corporation



(a) Not less than 100 percent of grants shall be used for direct student aid.

Sec. 216. New England higher education compact

Operating expenses 76,642Source of funds

General fund 76,642

Sec. 217. Education commission of the states

Operating expenses 100Source of funds

General fund 100

Sec. 218. Total higher education and other 75,493,769

Source of fundsGeneral fund 75,493,769

Sec. 219. Natural resources - agency of natural resources - administration



General fund 2,415,095Special funds 810,845Federal funds 92,685Interdepartmental transfer 676,297

Total 3,994,922

Sec. 220. [Deleted]

Sec. 221. Connecticut river watershed advisory commission



Total 40,500


Sec. 222. Citizens’ advisory committee on Lake Champlain’s future



General fund 10,000

Sec. 223. Natural resources - state land local property tax assessment

Operating expenses 1,215,783Source of funds


Total 1,215,783

Sec. 224. Green up


Special funds 8,550

Sec. 225. Natural resources - information technology



General fund 115,455Interdepartmental transfer 193,922

Total 309,377

Sec. 226. Fish and wildlife - support and field services



Fish and wildlife fund 13,280,907Interdepartmental transfer 658,427

Total 13,939,334

Sec. 227. Fish and wildlife - watershed improvement



Fish and wildlife fund 70,000

Sec. 228. Fish and wildlife - wildlife management area projects



Sec. 229. Fish and wildlife - conservation



Sec. 230. Fish and wildlife - natural communities and habitat




Sec. 231. Forests, parks and recreation - administration



General fund 868,523Special funds 321,684Federal funds 1,602,000

Total 2,792,207

Sec. 232. Forests, parks and recreation - forestry



General fund 3,026,663Transportation fund 21,500Special funds 362,502Federal funds 1,348,751Permanent trust 5,042Interdepartmental transfer 323,516


Total 5,087,974

Sec. 233. Forests, parks and recreation - state parks



General fund 399,489Special funds 5,827,050Interdepartmental transfer 33,004

Total 6,259,543

Sec. 234. Forests, parks and recreation - lands administration




Sec. 235. Forests, parks and recreation - rural community fire protection




Sec. 236. Forests, parks and recreation - senior community service employment




Sec. 237. Forests, parks and recreation - snowmobile trails program

Personal services 11,500Grants 488,500




Sec. 238. Forests, parks and recreation - youth conservation corps



Special funds 809,110Interdepartmental transfer 368,000

Total 1,177,110

Sec. 239. Forests, parks and recreation - forest highway maintenance



Transportation fund 606,539

Sec. 240. Forests, parks and recreation - property survey



General fund 90,497Interdepartmental transfer 40,001

Total 130,498

Sec. 241. Environmental conservation - commissioner’s office




Total 963,989

Sec. 242. VILLAGE OF NEWBURY; FORGIVENESS OF DEBT

(a) Notwithstanding any provision of law to the contrary, the Village of Newbury shall not be required to repay a planning advance in the amount of


$65,974.88 made to it between 1995 and 1997, pursuant to provisions of chapter 55 of Title 10.

Sec. 243. Environmental conservation - environmental assistance




Total 1,546,698

Sec. 244. Environmental conservation - office of air and waste management



General fund 803,399Transportation fund 39,278Special funds 3,825,753Federal funds 2,511,629Interdepartmental transfer 150,000

Total 7,330,059

Sec. 245. Environmental conservation - office of water programs



General fund 2,685,422Special funds 1,869,038Federal funds 2,064,798Interdepartmental transfer 449,128

Total 7,068,386

Sec. 246. [Deleted]

Sec. 247. Environmental conservation - various environmental special funds

Grants 4,957,783


Source of fundsSpecial funds 4,957,783

Sec. 248. Environmental conservation - surface water



General fund 3,081,725Transportation fund 181,762Special funds 537,682Federal funds 3,486,696Interdepartmental transfer 458,788

Total 7,746,653

Sec. 249. Environmental board and district commissions - Act 250



General fund 851,807Special funds 1,437,001

Total 2,288,808

Sec. 250. CONSTRUCTION OF LEGISLATIVE INTENT

(a) The Acts of 2001 included No. 40, which itself included Sec. 14, by which the general assembly repealed environmental board Rule 2(A)(6), the so-called 800-foot road rule. In repealing the 800-foot road rule, the general assembly intended also to supersede the precedential weight given to board declaratory rulings that concluded the construction of a road for the purpose of dividing land into two or more parcels for sale or lease constitutes a development.

Sec. 251. Environmental board and district commissions - waste facilities panel





Sec. 252. Water resources board




Sec. 253. Total natural resources 69,830,833

Source of fundsGeneral fund 16,584,167Transportation fund 1,111,894Fish and wildlife fund 14,345,207Special funds 22,334,213Federal funds 11,837,727Permanent trust funds 5,042Interdepartmental transfer 3,612,583

Total 69,830,833

Sec. 254. Commerce and community development - agency of commerce and community development - administration




Total 1,515,620

Sec. 255. Housing and community affairs



General fund 1,418,257Special funds 4,520,815Federal funds 4,394,488Interdepartmental transfer 20,650

Total 10,354,210

Sec. 256. Historic sites operations

Personal services 555,237


Operating expenses 1,076,130Total 1,631,367

Source of fundsGeneral fund 399,041Special funds 525,958Federal funds 300,000Interdepartmental transfer 406,368

Total 1,631,367

Sec. 257. Community development block grants



(a) Community development block grants will carry forward until expended.

Sec. 258. Economic development



General fund 2,444,670Special funds 400,529Interdepartmental transfer 22,381

Total 2,867,580

Sec. 258a. 8 V.S.A. § 6017(a) is amended to read:

§ 6017. Captive insurance regulatory and supervision fund

(a) There is hereby created a fund to be known as the captive insurance regulatory and supervision fund for the purpose of providing the financial means for the commissioner of banking, insurance, securities, and health care administration to administer this chapter, chapter 142, and chapter 142A and for reasonable expenses incurred in promoting the captive insurance industry in Vermont. The transfer of ten eleven percent of the premiums tax under section 6014(h) of this title, and all fees and assessments received by the department pursuant to the administration of these chapters shall be credited to this fund. Of this amount, not more than two three percent of the premium tax under section 6014 may be transferred to the agency of commerce and community development, with approval of the secretary of administration, for


promotional expenses. All fees received by the department from reinsurers who assume risk solely from captive insurance companies and are subject to the provisions of section 3634a(a) through (f) of this title, shall be deposited into the captive insurance regulatory and supervision fund. All fines and administrative penalties, however, shall be deposited directly into the general fund.

All payments from the captive insurance regulatory and supervision fund for the maintenance of staff and associated expenses including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the commissioner of finance and management, after receipt of proper documentation regarding services rendered and expenses incurred.

Sec. 259. Government marketing assistance center




Total 258,998

Sec. 260. Vermont training program



General fund 605,922Special funds 40,000Interdepartmental transfer 3,462

Total 649,384

Sec. 261. Job development zones


General fund 50,967

Sec. 262. Tourism and marketing




General fund 4,460,057Special funds 50,000Interdepartmental transfer 250,000

Total 4,760,057

Sec. 263. Marketing and promotional team




(a) The conversion of two (2) limited service positions - one (1) Director of Promotional Services and one (1) Administrative Assistant A - to permanent is authorized in fiscal year 2003.

(b) The joint fiscal office with the participation and assistance of the Vermont tax department, shall consult with the department of tourism and marketing and review the department's work with the University of Vermont to evaluate the tax impact of travel and tourism spending. Based on this review, the joint fiscal office shall present to the joint fiscal committee at its December meeting any protocol or findings it can make as to the state revenue implications of appropriations for travel and tourism marketing.

Sec. 264. Vermont life




Sec. 264a. Vermont economic development authority



Sec. 265. Vermont council on the arts




Sec. 266. Vermont symphony orchestra



Sec. 267. Vermont historical society



Sec. 268. Vermont housing and conservation board


Special funds 12,859,500Federal funds 15,316,895

Total 28,176,395

Sec. 269. Vermont council on the humanities



Sec. 270. Total commerce and community development 61,934,438

Source of fundsGeneral fund 13,201,150Special funds 18,396,802Federal funds 28,743,127Enterprise funds 825,000Interdepartmental transfer 768,359

Total 61,934,438

Sec. 271. TRANSPORTATION

(a) Transportation fund appropriations made available for the agency of transportation, in cooperation with the federal government, shall be available until expended, and shall not revert.

(b) The commissioner of finance and management shall maintain and control transportation appropriations in separate state and federal appropriations, as needed, and may incur overdrafts in personal services and operating expenses pending distribution of payroll and employee charges to other appropriations.

Sec. 272. Transportation - finance & administration




Transportation fund 8,809,748Federal funds 718,000

Total 9,527,748

Sec. 273. Transportation - aviation



Transportation fund 2,535,000Federal funds 5,130,000

Total 7,665,000

Sec. 274. Transportation - buildings



Transportation fund 1,565,000

Sec. 275. Transportation - project development



Transportation fund 25,416,292Local match 1,306,808Federal funds 94,379,852

Total 121,102,952

Sec. 276. Transportation - interstate rest areas




Transportation fund 484,199Federal funds 7,627,500

Total 8,111,699

Sec. 277. Transportation - maintenance state system




Sec. 278. Transportation - policy and planning



Transportation fund 6,191,551Local match 67,500Federal funds 12,278,398

Total 18,537,449

Sec. 279. Transportation - rail




Total 19,790,994

Sec. 280. Transportation - technical services




Total 6,746,823

Sec. 281. Transportation - traffic operations

Personal services 1,642,548


Operating expenses 1,325,104Total 2,967,652

Source of fundsTransportation fund 940,822Local match 5,000Federal funds 2,021,830

Total 2,967,652

Sec. 282. Transportation - central garage




(a) Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add one vehicle to the fleet for use by the department of motor vehicles for field inspection activities.

Sec. 283. Department of motor vehicles



Transportation fund 16,213,234Federal funds 688,484

Total 16,901,718

Sec. 284. DMV - motorcycle rider training




Sec. 285. Transportation - town highway structures



Sec. 286. Transportation - town highway emergency fund

Grants 182,111


Source of fundsTransportation fund 182,111

Sec. 287. Transportation - town highway Vermont local roads


Transportation fund 283,000Federal funds 140,000

Total 423,000

Sec. 288. Transportation - town highway class 2 roadway



Sec. 289. Transportation - town highway bridges



Transportation fund 4,700,034Local match 1,959,000Federal funds 16,589,411

Total 23,248,445

Sec. 290. Transportation - town highway grants



(a) The above appropriation is authorized, notwithstanding 19 V.S.A. § 306(a).

(b) The town highway grant program is redesignated “the town highway aid program”.

Sec. 291. Transportation - town highway class 1 supplemental grants



Sec. 292. Transportation and arbitration boards

Personal services 60,434


Operating expenses 19,566Total 80,000

Source of fundsTransportation fund 80,000

Sec. 293. Vermont transportation authority



Transportation fund 971,259Federal funds 2,085,038

Total 3,056,297

Sec. 294. Total transportation 331,236,717

Source of fundsTransportation fund 159,132,757Local match 3,338,308Federal funds 157,073,104Internal service funds 11,692,548

Total 331,236,717

Sec. 295. Debt service

Debt service 72,453,346Source of funds

General fund 66,958,806Transportation fund 2,835,622Special funds 2,658,918

Total 72,453,346

Sec. 296. Total debt service 72,453,346

Source of fundsGeneral fund 66,958,806Transportation fund 2,835,622Special funds 2,658,918

Total 72,453,346

Sec. 297. MISCELLANEOUS ACTS OF THE 2002 SESSION

(a) Amounts are hereby appropriated in accordance with the provisions of all house and senate bills which may be enacted by the 2002 session of the general assembly.


Sec. 298. RELATIONSHIP TO CERTAIN EXISTING LAWS

(a) This act shall not be construed in any way to negate or impair the full force and effect of existing laws relating to taxation and the disposition of funds raised thereby, the appraisal of electric plants, lawful rebates from the state treasury, laws relating to unorganized towns and gores, laws relating to trust funds for which the state is trustee or beneficiary, laws relating to care and regulation of state institutions and property, and laws relating to the state agricultural land grant funds.

Sec. 299. OFFSETTING APPROPRIATIONS

(a) In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated.

Sec. 300. FEDERAL FUNDS

(a) In fiscal year 2003, the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal funds available to the state of Vermont, including block grants in lieu of or in addition to funds herein designated as federal. The governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made.

(b) If, during fiscal year 2003, federal funds available to the state of Vermont, and designated as federal in this and other acts of the 2002 session of the Vermont general assembly, are converted into block grants, or are abolished under their current title in federal law and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated. The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval. Notice shall be given to the joint fiscal committee without delay if the governor is intending to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval.

Sec. 301. DEPARTMENTAL RECEIPTS

(a) All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds:

Connecticut river flood control


Public service department - sale of power

Tax department - unorganized towns and gores

(b) Notwithstanding any other provision of law, departmental indirect cost recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department. All recoveries not so authorized shall be covered into the general fund, or, for agency of transportation recoveries, the transportation fund.

Sec. 301a. AUTHORITY TO EXPEND REVENUES FROM FEES

(a) The Agency of Natural Resources is authorized to expend in fiscal year 2003 any additional revenues received by the agency through increases in fees enacted in H. 767 of the 2002 Session of the General Assembly.

(b) The Department of Health is authorized to expend in fiscal year 2003 any additional revenues received through increases in fees for copies of vital records enacted in H. 767 of the 2002 Session of the General Assembly for microfiche costs and equipment.

Sec. 302. NEW POSITIONS

(a) Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal year 2003, except for new positions authorized by the 2002 session of the general assembly. Limited service positions approved pursuant to 32 V.S.A. § 5 and nursing positions at the Vermont Veterans’ Home established pursuant to Sec. 4 of No. 145 of the Acts of 2000 as amended, shall not be subject to this restriction.

Sec. 302a. 3 V.S.A. § 2222(i) is added to read:

(i) The secretary of administration is authorized to transfer vacant positions throughout the executive branch of state government, and to adjust appropriations in the executive branch in accordance with the secretary’s statewide vacancy savings plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the executive branch. This authority is separate from the secretary’s authority provided in 32 V.S.A. § 706. A report of all actions taken during the preceding fiscal year pursuant to this authority shall be furnished to the legislature no later than January 15 of each year. In addition, the secretary shall periodically furnish the legislature with a report of accomplishments and recommendations concerning improvements in better managing resources on a statewide basis.


Sec. 302b. 3 V.S.A. § 309(a)(19) is amended to read

(19) Annually on or before January 15, the commissioner of personnel shall submit to the general assembly a report on the status of the state employee workforce. All reporting on numbers of state employees shall include numbers stated in “full-time equivalent” positions. The report shall consolidate reports mandated by the general assembly, as well as other information regarding developments in state employment, including:

****

Sec. 302c. REPEAL

(a) 21 V.S.A. § 130b (Employment and training, authority to establish and classify positions) is repealed.

Sec. 303. APPROPRIATIONS; PROPERTY TRANSFER TAX

(a) This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax. Expenditures from these appropriations shall not exceed available revenues:

(1) The sum of $241,000.00 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program;

(2) The sum of $11,929,500.00 is appropriated from the housing and conservation trust fund to the housing and conservation trust board;

(3) The sum of $4,056,030.00 is appropriated from the municipal and regional planning fund as follows:

(A) $2,839,221.00 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);

(B) $811,206.00 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);

(C) $405,603.00 to the geographic information system.

Sec. 304. NON-FARM EXEMPTION – CONTINGENT APPROPRIATION

(a) As part of the official revenues estimating process in July 2002, an estimate shall be made of the revenue generated from the repeal of the non-farm exemption for the purchase of agricultural fertilizers and pesticides contained in H.753. The amount of that estimate up to $1,100,000.00, shall be appropriated for water quality initiatives in the department of agriculture food and markets and the agency of natural resources as follows: 50 percent to the department of agriculture, food and markets, and 50 percent to the department


of environmental conservation. The departments shall expend any funds received as follows:

(1) the department of agriculture, food and markets: at least 65 percent for pass through grants and at least 30 percent for personal services and not more than 5 percent for operating expenses;

(2) the department of environmental conservation: 45 percent for pass through grants and 55 percent for personal services.

(b) The departments shall submit a report to the joint fiscal committee at its September meeting as to specific initiatives personal services funded.

Sec. 305. SPECIAL EDUCATION; STATE FUNDING

(a) Notwithstanding Sec. 10(c) of No. 117 of the Acts of 2000, state funding pursuant to 16 V.S.A. § 2967(b) shall not exceed 60 percent for any fiscal year. If, in any fiscal year, the actual percentage increase in the statewide total special education expenditures is less than the target increase, pursuant to Sec. 10(a) of No. 117 of the Acts of 2000, and the actual increase in the total K-12 service plans is more than the target increase, the actual percentage increase will be used to determine the amount appropriated for the ensuing fiscal year, pursuant to Sec. 10(b) of No. 117 of the Acts of 2000.

Sec. 306. TRANSPORTATION FUND TRANSFER

(a) The amount of $800,000.00 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. 307. TRANSPORTATION FUND APPROPRIATION

(a) Notwithstanding Sec. 28 of No. 64 of the Acts of 2001, $240,000.00 of transportation funds is appropriated to the department of buildings and general services-property management for the purpose of operating the Rutland multi-modal transportation center.

Sec. 308. [Deleted]


§ 183. FINANCIAL AND HUMAN RESOURCE INFORMATION INTERNAL SERVICE FUND

(a) There is established in the department of finance and management a financial and human resource information internal service fund, to consist of revenues from charges to agencies, departments and similar units of Vermont state government, and to be available to fund the costs of the division of


financial operations in the department of finance and management, and the technical support for the human resource management system in the department of personnel. Expenditures shall be managed in accordance with subsection 462(b) of this title.

(b) The rate of the charges shall be proposed by the commissioner of finance and management, subject to the approval of the secretary of administration. Proposed rates of charges shall be based upon the cost of operations. The proposed rates to be paid by departments and agencies shall be included in the administration budget recommendations each fiscal year for legislative authorization as part of the budget process. Any changes in rates shall be approved by subsequent legislative action.

Sec. 310. 29 V.S.A. § 160a is amended to read:

§ 160a. FACILITIES OPERATIONS REVOLVING FUND

(a) There is created a facilities operations revolving fund in the department of buildings and general services. The purpose of this fund is to provide for:

(1) operating expenses for buildings, support facilities and grounds;

(2) maintenance expenditures on buildings, support facilities and grounds;

(3) major maintenance and renovation projects for buildings and support facilities;

(4) relocation expenses for state agencies;

(5) purchase of options for real estate acquisitions;

(6) payments to build or acquire buildings or support facilities as approved by the legislature;

(7) debt service payments on general obligation bonds authorized to build or acquire buildings and support facilities.

(b) The fund shall consist of:

(1) Moneys which are appropriated to the fund or which are paid to it under authorization of the emergency board.

(2) The proceeds of rental income received by the department of buildings and general services from the leasing of buildings and property under its supervision.

(3) Fees paid by departments and agencies including the legislative and judicial branches, which. The rate of said fees shall be fixed proposed to the legislature by the commissioner of buildings and general services subject to the


approval of the secretary of administration,. Proposed rates shall be based upon the cost of operations, debt service and depreciation. The fees to be paid by departments and agencies shall be included in the administration budget recommendations each fiscal year for legislative approval as part of the budget process. Any changes in rates shall be approved by subsequent legislative action.

(4) Revenue derived from the sale of properties.

(5) Moneys recovered from tenants for discretionary expenditures for services beyond the normal standards of facilities services.

(6) Moneys recovered as a result of litigation relating to facilities operations, construction or renovations.

(7) Funds received from the maintenance or operation of condominium facilities, including properties owned by nongovernmental persons or entities, in condominium facilities in which the state has an ownership interest.

(c) All balances remaining at the end of a fiscal year shall be carried over to the following year.

Sec. 311. RISK MANAGEMENT LOSS PREVENTION STUDY

(a) The risk management division of the department of buildings and general services shall review the state’s workers’ compensation loss prevention practices and premium setting procedures and develop a plan that will provide incentives for departments to reduce their annual premiums through heightened awareness of and attention to workplace safety issues. The plan shall include, but not be limited to:

(1) staffing levels and structure within the risk management division and within high-risk departments necessary to have a significant impact on reducing the number of claims filed and on enhancing workplace safety;

(2) financial incentives to departments for implementing meaningful safety efforts that result in the reduction of the numbers of claims filed;

(3) the development of meaningful performance measures to hold departments accountable for their loss prevention efforts;

(4) revisions to the current premium assessment program to more closely link performance results to departmental compensation rates.

(b) The risk management loss prevention plan shall be presented to the house and senate committees on appropriations no later than January 15, 2003.

Sec. 312. BOARDS OF CIVIL AUTHORITY; ASSISTANT TOWN CLERKS


(a) A board of civil authority in the county of Bennington may have, as an additional member, an assistant town clerk of the municipality if two-thirds of the board vote to do so. The term of an assistant town clerk serving on a board of civil authority shall expire February 1 of each odd-numbered year following his or her election, and an assistant clerk may serve consecutive terms on the board.

Sec. 313. FISCAL YEAR 2003 WATERFALL

(a) At the close of fiscal year 2003, the fiscal year 2003 unreserved and undesignated general fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 2003 shall be:

(1) First, transferred to the general fund budget stabilization reserve to attain its statutory maximum; and

(2) Second, transferred to the general fund surplus reserve established in Sec. 277(5) of Act No. 147 of the Acts of 1998, as amended by Sec. 88 of Act No. 1 of the Acts of 1999. Said funds shall remain in the general fund surplus reserve pending appropriation by the legislature.

Sec. 314. Sec. 163e(a) of No. 63 of the Acts of 2001 is amended to read:

(a) 32 V.S.A. §§ 3462 (reports by town clerk and appraisers); and 4158 (transmission to director, changes, remedy); and 4341 (automatic extensions for filing grand lists) are repealed.

Sec. 315. 32 V.S.A. § 5404(b) is amended to read:

(b) Annually, on or before July 15 August 15, the clerk of a municipality, or the supervisor of an unorganized town or gore, shall transmit to the director in an electronic format as prescribed by the director: education and municipal grand list data, including exemption information and grand list abstracts; tax rates; and the total amount of taxes assessed in the town or unorganized town or gore. The data transmitted shall identify each parcel by a parcel identification number assigned under a numbering system prescribed by the director. Municipalities may continue to use existing numbering systems in addition to, but not in substitution for, the parcel identification system prescribed by the director. If changes or additions to the grand list are made by the listers or other officials authorized to do so after such abstract has been so transmitted, such clerks shall forthwith certify the same to the director.

Sec. 316. Sec. 163f of No. 63 of the Acts of 2001 is amended to read:

Sec. 163f. ADJUSTMENTS; TRANSITION

* * *


(b) For claims made with respect to fiscal years 2003 and thereafter, notwithstanding anything to the contrary in 32 V.S.A. §§ 6066 and 6066a, the amount of property tax adjustment available to claimants shall be paid by the commissioner to each claimant based upon the household income of the claimant for the calendar year preceding the year for which the claim is made, the grand list values of April 1 in the year preceding the year for which the claim is made and the education property tax liability of the town school district for the year for which the claim is made, and shall not be subject to reconciliation.

Sec. 317. WILMINGTON RECALCULATION PAYMENT

(a) The commissioner of education shall issue a payment to the town of Wilmington in the amount of $215,600.00 to compensate the town for changes in valuation in education tax liability resulting from property tax appeals. The amount of $215,600.00 in education funds is appropriated in fiscal year 2002 to the department of education for this purpose.

Sec. 318. FISCAL YEAR 2000 GENERAL FUND TRANSFER RETURN

(a) Notwithstanding 18 V.S.A. § 9502, or any other law to the contrary, $750,000.00, the amount equal to the amount transferred from the general fund to the tobacco trust fund in Sec. 251(a)(19) of No. 152 of the Acts of 2000, shall be transferred from the tobacco trust fund back to the general fund by June 30, 2002.

Sec. 319. WORKFORCE REPORTS

(a)10 V.S.A. § 541(h)(6) is amended to read:

(6) Receive annual reports from the legislative joint fiscal office department of employment and training on the workforce education and training revenues and expenditures of agencies and institutions which are members of the council.

Sec. 320. APPROVAL OF DEBT REPEAL

(a) 32 V.S.A. § 711 (requirement of administration approval of debt) is repealed.

Sec. 321. INSURANCE RESERVE FUND TRANSFER

(a) Notwithstanding 32 V.S.A. § 135, the amount of $25,000.00 is hereby transferred from the insurance reserve fund, established under 32 V.S.A. § 134, to the department of housing and community affairs, division of historic preservation, for the repair of the roof of the Scott Covered Bridge in Townshend.


Sec. 322. FISCAL YEAR 2002 TRANSFERS

(a) Notwithstanding any other provisions of law, the fiscal year 2002 unreserved undesignated general fund balance, on a budgetary basis as determined by the commissioner of finance and management on July 31, 2002, is hereby transferred and appropriated, as available, in the following order:

(1) First, the necessary portion of the balance shall be transferred to the general fund budget stabilization reserve to attain its statutory maximum.

(2) Second, any remaining funds shall be deposited in the general fund surplus reserve.

Sec. 323. FISCAL YEAR 2002 HIGHER EDUCATION TRUST FUND REVENUES

(a) Notwithstanding 16 V.S.A. § 2885(a)(1) the funds raised by the estate tax levied under chapter 190 of Title 32 in fiscal year 2002 which are more than 125 percent of the amount projected by the emergency board in the July 2001 annual forecast made pursuant to section 305a of Title 32 shall be deposited in the Vermont higher education endowment trust fund.


(a) This section and Secs. 36, 53a, 54a, 97a, 118g, 118h, 170a, 314, 315, 316, 317, 318, 319, 320, 321, 322 and 323 shall be effective on passage.

Pending the question, Will the House concur in the Senate proposal of amendment? Rep. Westman of Cambridge moved that the House refuse to concur and ask for a Committee of Conference, which was agreed to, and the Speaker appointed as members of the Committee of Conference on the part of the House:

Rep. Westman of CambridgeRep. Mazur of South BurlingtonRep. Heath of Westford

On motion of Rep. Tracy of Burlington, the rules were suspended and the bill was ordered messaged to the Senate forthwith.


A message was received from the Senate by Mr. Gibson, Secretary, as follows:

Mr. Speaker:

I am directed to inform the House that Pursuant to the request of the House for Committees of Conference on the disagreeing votes of the two Houses on


the following House bills the President pro tempore announced the appointment as members of such Committees on the part of the Senate:

H. 750. An act relating to arrest without a warrant.

Senator SearsSenator BloomerSenator Leddy

H. 763. An act relating to capital construction, state bonding and the Department of Corrections.

Senator IlluzziSenator MazzaSenator Leddy

H. 766. An act making appropriations for the support of government.

Senator BartlettSenator IdeSenator Sears

H. 767. An act relating to executive branch fees.

Senator CummingsSenator MuntSenator Welch

Adjournment

At three o’clock in the afternoon, on motion of Rep. LaBarge of Grand Isle, the House adjourned until tomorrow at nine o’clock and thirty minutes in the forenoon.

Joint Concurrent Resolution Adopted

The following Joint concurrent resolution, having been placed on the Consent Calendar on the preceding legislative day, and no member having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, is hereby adopted in concurrence

J.C.R.H. 21

Joint concurrent House resolution, entitled

Joint concurrent House resolution congratulating Sally Molloy on retirement from the staf of the Benningotn-Rutland Supervisory Union.


[The full text of the Joint concurrent resolutions appeared in the House Calendar on the preceding legislative day and will appear in the volume of the Public Acts and Resolves to be published for this adjourned session of the sixty-sixth adjourned session.]

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