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Journal of the Senate ______SATURDAY, MAY 15, 1999 The Senate was called to order by the President pro tempore. Devotional Exercises A moment of silence was observed in lieu of devotions. Joint Resolution Adopted in Concurrence Joint House resolution entitled: J.R.H. 129. Joint resolution honoring Jennifer Martin on her receipt of both the New Hampshire High School Women’s Athletic & Academic Award and the Women’s Sports Foundation Community Award for High School Sportswoman of the Year for Essex County. Having been placed on the Calendar for action, was taken up. Thereupon, the pending question, Shall the joint resolution be adopted in concurrence? was decided in the affirmative. Rules Suspended; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence; Bill Messaged Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and House bill entitled: H. 568. An act relating to compensation for certain state employees. Was taken up for immediate consideration. Senator Brownell, for the Committee on Government Operations, to which the bill was referred, reported that the bill ought to pass in concurrence. Senator Ready, for the Committee on Appropriations, to which the bill was referred, reported that the bill ought to pass in concurrence. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered on a roll call, Yeas 27, Nays 0. Senator Ready, having demanded the yeas and nays, they were taken and are as follows:

1179 Printed on 100% Recycled Paper JOURNAL OF THE SENATE 156 Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Bloomer, Brownell, Canns, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Spaulding. Those Senators who voted in the negative were: None. Those Senators absent and not voting were: Bahre, Chard, Shumlin (presiding). Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence forthwith. Thereupon, the bill was read the third time and passed in concurrence. Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was ordered messaged to the House forthwith. Message from the House A message was received from the House of Representatives by Mr. Palmisano, its First Assistant Clerk, as follows: Mr. President: I am directed to inform the Senate the House has passed a bill of the following title: H. 343. An act relating to nonpayment of rent and termination of residential tenancies. In the passage of which the concurrence of the Senate is requested. Rules Suspended; Proposals of Amendment; Third Reading Ordered Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and joint House resolution entitled: J.R.H. 124. Joint resolution establishing a task force on truancy and safe learning environments. Was taken up for immediate consideration. Senator Backus, for the Committee on Appropriations, to which the joint resolution was referred, reported that the joint resolution ought to be adopted in concurrence. Thereupon, the joint resolution was read the second time by title only pursuant to Rule 43, and pending the question, Shall the joint resolution be 157 SATURDAY, MAY 15, 1999 read the third time? Senator Sears moved that the Senate propose to the House to amend the joint resolution as follows: First: In the first resolved clause by striking out the word “two” where it twicely appears and inserting in lieu thereof the word three, and, by adding after the sixth comma the words the Commissioner of Corrections or designee Second: After the second whereas clause, by adding three new clauses to read as follows: Whereas, Vermont has seen a large increase in youths under age 22 incarcerated, and Whereas, nearly 75% of those incarcerated in Vermont have been convicted of violent crimes, and Whereas, the incidence of violence among our country’s youth both in and outside schools has become a subject of increased concern and as noted in the Department of Education’s Annual Report on School Safety all too frequently community violence spills over into our schools, and Third: After the fourth resolved clause by adding a new resolved clause to read as follows: RESOLVED: That the task force shall prepare a report of its findings and recommendations on youth violence at and away from school in the form of legislation to be introduced at the 2000 Adjourned Session of the General Assembly, and be it further And that after adoption the title be amended to read as follows: JOINT RESOLUTION ESTABLISHING A TASK FORCE ON YOUTH VIOLENCE, ON TRUANCY, AND SAFE LEARNING ENVIRONMENTS. Which was agreed to. Thereupon, third reading of the joint resolution was ordered. Adjournment On motion of Senator Mazza, the Senate adjourned until one o’clock in the afternoon. AFTERNOON The Senate was called to order by the President. Bill Referred House bill of the following title was read the first time and referred:

JOURNAL OF THE SENATE 158 H. 343. An act relating to nonpayment of rent and termination of residential tenancies. To the Committee on General Affairs and Housing. Rules Suspended; Proposals of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposals of Amendment; Bill Messaged Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled: H. 565. An act relating to a special retirement study committee. Was taken up for immediate consideration. Senator Maynard, for the Committee on Government Operations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill in Sec. 1, in subsection (b) by adding a new subdivision to be numbered subdivision (4) to read as follows: (4) Review and evaluate the issue of retired state employees receiving recognition, including, but not limited to, compensation for military service to their country during the periods of June 25, 1950 – January 31, 1955 and August 5, 1964 – May 7, 1975. And that the bill ought to pass in concurrence with such proposal of amendment. Senator Bartlett, for the Committee on Appropriations, to which the bill was referred, reported that the Senate propose to the House to amend the bill in Sec. 1, by striking out subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A special retirement study committee is created for the purpose of conducting a comprehensive review of issues related to the Vermont state retirement system, the state teachers’ retirement system of Vermont and the municipal employees’ retirement system of Vermont. The committee shall consist of 7 members as follows: three members of the House, appointed by the Speaker of the House; three members of the Senate, appointed by the Committee on Committees of the Senate; and the Treasurer, or the Treasurer’s designee. The committee shall elect its chair and clerk. And that the bill ought to pass in concurrence with such proposal of amendment. 159 SATURDAY, MAY 15, 1999 Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were collectively agreed to, and third reading of the bill was ordered. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposals of amendment forthwith. Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Delivered Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and the report of the Committee of Conference on Senate bill entitled: S. 45. An act relating to civil rights injunctions. Was taken up for immediate consideration. Senator Cummings, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled: S. 45. An act relating to civil rights injunctions. Respectfully report that they have met and considered the same and recommend that the House recede from its proposal of amendment and that the bill be further amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 13 V.S.A. § 1457 is amended to read: § 1457. CIVIL LIABILITY AND ENFORCEMENT Independent of any criminal prosecution or the result thereof, any person suffering damage, loss or injury as a result of conduct prohibited by section 1455 or 1456 of this title may bring an action for injunctive relief, compensatory and punitive damages, costs and reasonable attorneys fees, and other appropriate relief against any person who engaged in such conduct. Sec. 2. LEGISLATIVE INTENT

JOURNAL OF THE SENATE 160 It is the intent of the general assembly that the superior court, when hearing cases under chapter 33 of Title 13 which are brought against persons under the age of 18, be sensitive to the issues which prompted the general assembly to provide that juvenile proceedings in family court, as opposed to district court, are closed to the general public, and also faithful to the rights of a free press under Chapter I, Article 13 of the Vermont Constitution and the First Amendment to the United States Constitution to attend court proceedings. In cases brought under this chapter, the superior court should balance the protection of juveniles from inappropriate or counterproductive publicity and stigmatization against the needs of the victims of hate crimes, and the needs of members of the protected classes of the victims, for safety and security. The superior court should also take into consideration the deterrent effect of publicizing hate-motivated crime injunctions on the illegal behavior of those similarly situated to the defendants who are subject to the injunctions. Sec. 3. 13 V.S.A. chapter 33 is added to read: CHAPTER 33. INJUNCTIONS AGAINST HATE-MOTIVATED CRIMES § 1458. DEFINITIONS For purposes of this chapter only: (1) “Complainant” means a person who has suffered damage as a result of a hate-motivated crime. (2) “Damage” includes destruction or defacement of personal or real property, personal injury or the receipt of threats of violence. “Threats of violence” means verbal, electronic or written communication, or course of conduct, or a combination thereof, which causes reasonable fear of injury to the complainant or the complainant’s property. (3) A “hate-motivated crime” occurs whenever a person engages in conduct prohibited by chapter 31 of this title or section 1063 of this title which causes damage to the person at whom the conduct was directed. (4) “Hate-motivated crime injunction” or “order” means an injunction or other order issued under this chapter. (5) “Plaintiff” means the attorney general or a complainant. (6) “Protected category” includes race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation and gender identity, and perceived membership in any such group. § 1459. COMMENCEMENT OF ACTION AND HEARING 161 SATURDAY, MAY 15, 1999 (a) The superior court shall have jurisdiction over proceedings under this chapter. The Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply. (b) Proceedings under this chapter may be commenced in the county in which the complainant or the defendant resides, or in the county in which the incident occurred. (c) A plaintiff may seek a hate-motivated crime injunction by filing a complaint under this chapter. (d) A preliminary hearing upon the complaint shall be scheduled as soon as reasonably possible in consideration of the safety of the complainant. § 1460. JUVENILE DEFENDANTS (a) The general public shall be excluded from hearings held in superior court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses and other persons accompanying a party for the party's assistance and such other persons as the court finds to have a proper interest in the case, or in the work of the court, may be admitted by the court. In such a case, there shall be no publicity given by any person to any proceedings under the authority of this chapter except with the consent of the defendant and his or her parent or guardian. The records in such a case shall be subject to the confidentiality provision of 33 V.S.A. § 5536. Upon its own motion or the motion of a party, the court may open the hearing for good cause shown, in consideration of relevant factors, including the likelihood that a court would make a determination that charges against the defendant with respect to the underlying crime on which the hate-motivated crime injunction is based should be heard in district court pursuant to chapter 55 of Title 33. (b) If the defendant is 16 to 17 years of age, the hearing shall be open to the general public. However, upon its own motion or the motion of a party, the court may close the hearing for good cause shown. If the court orders the hearing to be closed, the confidentiality provisions of subsection (a) of this section shall apply. (c) If a hate-motivated crime injunction is issued under this section, the court shall give notice of the contents of the order to the complainant, and to any school personnel or other appropriate persons the court finds to have a proper interest in the case and whose knowledge of the contents of the order is reasonably necessary to ensure the defendant’s compliance with the order, regardless of whether the proceedings were open or closed to the general public. § 1461. RELIEF

JOURNAL OF THE SENATE 162 (a) If the court finds by a preponderance of the evidence that the defendant has committed a hate-motivated crime against the complainant, or if the parties stipulate to an order, the court shall make such preliminary and final orders as it deems necessary to protect the complainant and the complainant’s property and other appropriate persons who are in need of protection and such persons’ property, including any of the following orders: (1) An order to refrain from committing any crime against the complainant; (2) An order restricting the defendant's ability to contact the complainant; (3) An order prohibiting the defendant from coming within a fixed distance of the complainant, the complainant's residence or other designated locations where the complainant is likely to spend time; (4) An order to refrain from committing a hate-motivated crime against the complainant, other appropriate persons who are in need of protection and members of any protected category. (b) A preliminary order issued under this chapter shall remain in effect until a final order is issued or for a fixed period that the court deems appropriate, but in no event more than 120 days without a further order from the court. A final order shall be issued for a fixed period, but in no event more than two years without a further order from the court. The court may extend any order for such time as it deems necessary to protect the complainant, other appropriate persons who are in need of protection and members of any protected category. It shall not be necessary for the court to find that the defendant has committed a hate-motivated crime during the pendency of an order to extend the terms of the order; however, the court shall find that there is a reasonable basis for continued protection. The court may modify its order at any subsequent time upon motion by either party and a showing of good cause. (c) Every preliminary or final order issued under this section shall bear the following language: VIOLATION OF THIS ORDER MAY BE PROSECUTED AS A CRIME PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH, OR MAY BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH. § 1462. SERVICE 163 SATURDAY, MAY 15, 1999 Hate-motivated crime complaints, notices of hearing and orders shall be served as soon as reasonably possible and in a manner that takes into consideration the safety of the complainant. § 1463. PROCEDURE (a) Notwithstanding any law to the contrary, proceedings commenced under this chapter shall be in addition to any other available civil or criminal remedies. (b) The supreme court shall establish procedures consistent with this chapter that provide prompt access to relief. (c) Police departments, sheriffs’ departments and the state police shall establish procedures for filing orders issued under this chapter and for making their personnel aware of the existence and contents of such orders. (d) The court that issues an order under this chapter shall transmit a copy of the order to the department of public safety relief from abuse database. § 1464. ENFORCEMENT (a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure. (b) A law enforcement officer may rely upon a copy of any order issued under this chapter which has been provided to the law enforcement officer by any source. § 1465. PENALTIES (a) Provided that notice was properly served, a person who violates a hate - motivated crime injunction issued under this chapter shall be imprisoned not more than one year or fined not more than $2,000.00, or both. (b) A person who is convicted of a second or subsequent offense under this section shall be imprisoned not more than three years or fined not more than $10,000.00, or both. (c) Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings. (d) Prosecution under this section shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the hate-motivated crime injunction. § 1466. CIVIL PENALTIES

JOURNAL OF THE SENATE 164 The attorney general may seek the imposition of a civil penalty of not more than $5,000.00, plus costs and reasonable attorney’s fees for each violation of section 1455 or 1456 of this title, including violations of any injunction issued pursuant to this chapter. Sec. 4. 13 V.S.A. § 1455 is amended to read: § 1455. HATE MOTIVATED HATE-MOTIVATED CRIMES A person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, handicap as defined by 21 V.S.A. § 495d(7)-(11) 21 V.S.A. § 495d(5), or sexual orientation or gender identity shall be subject to the following penalties: * * * Sec. 5. Rule 3 of the Vermont Rules of Criminal Procedure is amended to read: Rule 3. ARREST WITHOUT WARRANT; CITATION TO APPEAR (a) Arrest without Warrant. A law enforcement officer may arrest without warrant a person whom the officer has probable cause to believe has committed 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: * * * (2) when the officer has probable cause to believe: * * * (D) that a person has violated a hate-motivated crime injunction issued pursuant to chapter 33 of Title 13. * * * Sec. 6. REPORT On March 1, 2000 and then on an annual basis beginning on January 15, 2001, the attorney general shall submit a report to the House and Senate Committees on Judiciary on the implementation of this act. The report shall address the following: (1) the number of complaints filed pursuant to this act, the nature of the underlying crime upon which the complaint is based, and the disposition of those complaints; 165 SATURDAY, MAY 15, 1999 (2) the number of juvenile defendants against whom a complaint was filed pursuant to this act, the nature of the underlying crime upon which the complaint is based, the ages of the defendants and the complainants if available, whether the proceedings were open or closed, and the disposition of those complaints; (3) the number of criminal charges filed for a violation of section 1455 or 1456 of Title 13, the nature of the underlying crime, the disposition of those charges, and whether a hate-motivated crime injunction was sought or issued in connection with the underlying crime; (4) the number of criminal charges filed against juveniles for a violation of section 1455 or 1456 of Title 13, the nature of the underlying crime, the ages of the defendants, whether the proceedings were open or closed, the disposition of those charges, and whether a hate-motivated crime injunction was sought or issued in connection with the underlying crime; (5) a review of the training program designed to educate law enforcement officers about investigating hate-motivated crimes; (6) any problems incurred in implementing or administering this act; (7) any recommended changes to the law. Sec. 7. NOTIFICATION BY ATTORNEY GENERAL The attorney general shall notify all law enforcement agencies of the provisions of this chapter by the effective date and shall develop and implement a plan to provide training in the investigation of hate-motivated crimes to law enforcement officers. The committee further recommends that after passage, the title of the bill be amended to read: AN ACT RELATING TO INJUNCTIONS AGAINST HATE- MOTIVATED CRIMES. ANN E. CUMMINGS JOHN H. BLOOMER, JR. RICHARD J. McCORMACK Committee on the part of the Senate THOMAS A. LITTLE WILLIAM J. LIPPERT, JR. ALICE W. NITKA Committee on the part of the House

JOURNAL OF THE SENATE 166 Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered delivered to the Governor forthwith. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Delivered Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and the report of the Committee of Conference on Senate bill entitled: S. 47. An act relating to a commission on Alzheimer’s disease and related disorders. Was taken up for immediate consideration. Senator Munt, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon Senate bill entitled: S. 47. An act relating to a commission on Alzheimer’s disease and related disorders. Respectfully report that they have met and considered the same and recommend that the House recede from its proposal of amendment and that the bill be further amended in Sec. 1, in § 3085b of 3 V.S.A., by striking subsection (d) in its entirety and by inserting in lieu thereof a new subsection (d) to read: (d) Legislative members shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406 for no more than six meetings per year; the remaining members shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for no more than six meetings per year. Payment to legislative members shall be from the appropriation to the legislature. Payment to the remaining members shall be from the appropriation to the Department of Aging and Disabilities. JANET S. MUNT JAMES P. LEDDY GERALD P. MORRISSEY Committee on the part of the Senate 167 SATURDAY, MAY 15, 1999 MARY C. MAZZARIELLO DAVID C. HATHAWAY EDWARD H. PAQUIN, JR. Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative. Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was ordered delivered to the Governor forthwith. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged Appearing on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and the report of the Committee of Conference on House bill entitled: H. 549. An act relating to miscellaneous adjustments to the state, teachers and municipal retirement systems. Was taken up for immediate consideration. Senator Doyle, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 549. An act relating to miscellaneous adjustments to the state, teachers and municipal retirement systems. Respectfully report that they have met and considered the same and recommend that the House accede to the Senate’s First proposal of amendment and that the Senate recede from its Second proposal of amendment and that the bill be further amended as follows: First: By adding a new Sec. 14 to read as follows: Sec. 14. 24 V.S.A. § 5070 is added to read: § 5070. DEFINED CONTRIBUTION RETIREMENT PLAN The board may approve a defined contribution retirement plan for one or more groups of members. The plan shall qualify as a defined contribution plan under the United States Internal Revenue Code, as amended. Participation in a defined contribution plan offered under this section shall be in lieu of participation in any other plan established under this title. The board shall

JOURNAL OF THE SENATE 168 ensure that objective educational material be prepared and presented to the employees in order to enable them to make an informed decision, under the assumption that each participant is an unsophisticated investor. Second: By adding a new Sec. 15 to read as follows: Sec. 15. GRANT (a) Upon application made to the board of teachers’ retirement system no later than December 31, 1999, an eligible applicant shall be entitled to receive a grant from the teachers’ retirement system as provided by this section. (b) To be eligible for a grant under this section, the applicant must have: (1) been a member of the teachers’ retirement system prior to July 1, 1980; (2) ceased to be a member of the system and received a refund of his or her contributions during the period July 1, 1980 through June 30, 1981; and (3) had at least 20 years of total combined service as a member of group A of the teachers’ retirement system. (c) The total amount of the grants available under this section shall be $80,000.00. Individual grants shall be proportionate and shall be made after January 1, 2000. WILLIAM T. DOYLE PETER C. BROWNELL SARA B. KITTELL Committee on the part of the Senate DONNA G. SWEANEY COLA H. HUDSON Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative. Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was ordered messaged to the House forthwith. Recess On motion of Senator Mazza, the Senate recessed until two o’clock in the afternoon. 169 SATURDAY, MAY 15, 1999 The Senate was called to order by the President at two o’clock and thirty minutes. Rules Suspended; Proposal of Amendment; Consideration Interrupted Pending entry on the Calendar for action tomorrow, on motion of Senator Mazza, the rules were suspended and joint House resolution entitled: J.R.H. 124. Joint resolution establishing a task force on truancy and safe learning environments. Was taken up for immediate consideration. Thereupon, pending third reading of the joint resolution, Senators Illuzzi, Canns, Greenwood, Ide and Ready moved that the Senate propose to the House to amend the resolution in the fourth resolved clause by adding a new subdivision (3) to read as follows: (3) Any proposal or plan that would impact on the ownership, use or possession of firearms, except on school owned property, shall be made, developed, or proposed only by a six member committee, which shall consist of three members of the task force selected by majority vote of the task force, and three members selected by the President of the Vermont Federation of Sportsmens’ Clubs, Inc. Members of this committee shall receive a per diem and expenses pursuant to 32 V.S.A. §1010. Which was disagreed to on a roll call, Yeas 11, Nays 18. Senator Mazza, having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Bahre, Bloomer, Canns, Crowley, Doyle, Greenwood, Ide, Illuzzi, Maynard, Morrissey, Ready. Those Senators who voted in the negative were: Ankeney, Backus, Bartlett, Brownell, Costes, Cummings, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators absent and not voting were: Chard. Thereupon, pending third reading of the joint resolution, Senator Canns moved that the Senate propose to the House to amend the joint resolution by striking out the first resolved clause in its entirety and inserting in lieu thereof a new first resolved clause to read as follows: That there is created a task force on truancy and safe learning environments to consist of two members of the senate chosen by the committee on committees, two members of the house of representatives chosen by the

JOURNAL OF THE SENATE 170 speaker, the commissioner of education or designee, the commissioner of developmental and mental health services or designee, the commissioner of social and rehabilitation services or designee, the commissioner of public safety or designee, the court administrator or designee and a representative of each of the following chosen by the commissioner of education: school boards, school administrators, teachers, parents, students, local, regional human services agencies, local law enforcement, and the president or designee of the Vermont Federation of Sportsmens’ Clubs, Inc. and be it further Thereupon, Senator Sears moved to amend the proposal of amendment of Senator Canns by striking out the word “two” where it twicely appears and inserting in lieu thereof the word three, and by adding after the sixth comma the words the Commissioner of Corrections or designee Which was agreed to. Thereupon, pending the question, Shall the Senate propose to the House to amend the joint resolution as proposed by Senator Canns, as amended? Senator Mazza moved that the Senate stand in recess until three o’clock in the afternoon, which was agreed to. Called to Order The Senate was called to order by the President at three o’clock and fifty- five minutes in the afternoon. Consideration Resumed; Consideration Postponed Consideration was resumed on joint House resolution entitled: J.R.H. 124. Joint resolution establishing a task force on truancy and safe learning environments. Thereupon, pending the recurring question, Shall the Senate propose to the House to amend the resolution as proposed by Senator Canns, as amended? Senator Shumlin moved that action thereon be postponed until four o’clock and thirty minutes in the afternoon. Which was agreed to. Rules Suspended; Proposal of Amendment; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence with Proposal of Amendment; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled: H. 363. An act relating to fees. Was taken up for immediate consideration. 171 SATURDAY, MAY 15, 1999 Senator Rivers, for the Committee on Finance, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 31 V.S.A. § 654a is added to read: §654a. MULTISTATE BIG GAMES The commissioner shall negotiate and contract with the multi-state lottery corporation, or any other appropriate organization, to offer and provide one of the following: (1) national “powerball game”; (2) the “multi-state big game”; or (3) any other large multi state lottery game. Sec. 2. EFFECTIVE DATE; APPLICABILITY This act shall take effect July 1, 1999, but no binding contract shall be executed for any multi state big game authorized under subsection (a), and no game may be authorized in the state under that subsection, until after June 30, 2002. The Committee further recommends that after passage of the bill the title be amended to read as follows: AN ACT RELATING TO POWERBALL. And that the bill ought to pass in concurrence with such proposal of amendment. Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposal of amendment was agreed to, and third reading of the bill was ordered on a roll call, Yeas 18, Nays 10. Senator Ide, having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Bloomer, Canns, Cummings, Doyle, Greenwood, Illuzzi, Leddy, MacDonald, Maynard, McCormack, Munt, Ptashnik, Rivers, Shumlin, Spaulding. Those Senators who voted in the negative were: Bahre, Brownell, Costes, Crowley, Ide, Kittell, Mazza, Ready, Riehle, Sears. Those Senators absent and not voting were: Chard, Morrissey.

JOURNAL OF THE SENATE 172 Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposal of amendment forthwith. Thereupon, the bill was read the third time and passed in concurrence with proposal of amendment. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled: H. 552. An act relating to duties of magistrates. Was taken up for immediate consideration. Senator Sears, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 552. An act relating to the duties of magistrates. Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposal of amendment and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. PURPOSE The legislature has declared as public policy, in section 650 of Title 15, that it is in the best interests of children to have the opportunity for maximum continuing physical and emotional contact with both parents, unless direct physical harm or significant emotional harm to the child or a parent is likely to result from such contact. The purpose of this act is to further that policy by assisting parents to modify or enforce parent-child contact schedules in a timely manner in the best interests of the child. The act therefore gives magistrates concurrent jurisdiction over postjudgment parent-child contact disputes. Sec. 2. 4 V.S.A. § 461 is amended to read: 173 SATURDAY, MAY 15, 1999 § 461. OFFICE OF MAGISTRATE; JURISDICTION; SELECTION; TERM (a) The office of magistrate is created within the family court. The Except as provided in section 463 of this title, the office of magistrate shall have jurisdiction concurrent with the family court to hear and dispose of the following cases: (1) proceedings Proceedings for the establishment, modification and enforcement of child support; and . (2) cases Cases arising under the Uniform Reciprocal Enforcement of Interstate Family Support Act; and . (3) child Child support in parentage cases after parentage has been determined; and . (4) cases Cases arising under section 5533 of Title 33, when delegated by the family court. (5) Proceedings to establish, modify or enforce temporary orders for spousal maintenance in accordance with sections 594a and 752 of this title. (6) Proceedings to modify or enforce temporary or final parent-child contact orders issued pursuant to this title. (b) A magistrate shall be an attorney admitted to practice in Vermont with at least four years of general law practice. Magistrates shall be nominated, appointed and confirmed in the manner of superior judges. (c) The term of office of a magistrate shall be six years. Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated. A magistrate may be reappointed by the governor under this section without review by the judicial nominating board, but a reappointment shall require the consent of the senate. (d) Magistrates shall be exempt employees of the judicial branch, subject to the Code of Judicial Conduct, and shall devote full time to their duties. The supreme court shall prescribe training requirements for magistrates. (e) A magistrate shall have received training on the subject of parent-child contact before being assigned to hear and determine motions filed pursuant to subdivision (a)(6) of this section. (f) [Repealed.] Sec. 3. 12 V.S.A. § 7112(a) is amended to read: (a) The Windsor county youth court shall terminate its operations on June 30, 1999 2001.

JOURNAL OF THE SENATE 174 Sec. 4. PLAN FOR IMPROVING LAW ENFORCEMENT SERVICES IN RURAL COMMUNITIES The department of public safety, in consultation with the Vermont Constables Association, the Vermont Sheriffs’ Association, the Vermont Police Association, the Chiefs of Police Association of Vermont, the Criminal Justice Training Council, the law enforcement division of the Department of Fish and Wildlife, the state’s attorneys, the attorney general, and the defender general shall study and evaluate the law enforcement needs of rural communities in Vermont. The study shall include the following: (1) An evaluation of the current system of delivering law enforcement services to rural communities and the adequacy of such services. (2) The advisability, including the advantages and disadvantages, of modifying the law enforcement authority of constables. (3) A plan for improving law enforcement services in rural communities. (4) Whether the Vermont state police outpost program should be expanded. (5) A plan for improving enforcement of the state’s civil rights laws. The department shall report its findings and plan to the Senate and House Committees on Judiciary and Government Operations on or before November 15, 1999. Sec. 5. STUDY The Defender General’s Office, a designee of the executive committee of the Department of State’s Attorneys, the Attorney General, and the Court Administrator shall study and report to the House and Senate Committees on Judiciary on or before January 15, 2000, on the advisability, including the advantages and disadvantages of giving a state’s attorney the right to dismiss a civil or criminal action commenced by the state at any time prior to final judgment and authorizing the state to move to vacate a final judgment for cause or in the interest of justice. Sec. 6. STUDY AND REPORT The defender general, the assigned counsel coordinator in the office of the defender general, the executive director of the state’s attorneys department, the legal counsel to the governor, the executive director of the Vermont Bar Association, the attorney general, and a judge or justice or a retired judge or justice, appointed by the chief justice, shall study the structure of and funding for the office of the defender general and ways to improve services to its 175 SATURDAY, MAY 15, 1999 clients. The judge or justice shall be chair of the study group and shall call the first meeting. The study shall include a review of the structure and funding of public defender services in Vermont and in other states, and innovative models for organizing and delivering public defender services. The study group shall report its findings and recommendations to the House and Senate Committees on Judiciary, Appropriations, and Government Operations on January 15, 2000. Sec. 7. SUNSET 4 V.S.A. § 461(a)(6) shall expire on July 1, 2001. Sec. 8. REPORT The administrative judge shall report to the House and Senate Committees on Judiciary on or before January 15, 2001 on the impact of extending concurrent jurisdiction to magistrates pursuant to 4 V.S.A. § 461(a)(6). RICHARD W. SEARS, JR. JOHN H. BLOOMER, JR. RICHARD J. McCORMACK Committee on the part of the Senate THOMAS A. LITTLE WILLIAM J. LIPPERT, JR. DIANE M. CARMOLLI Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Consideration Resumed; Proposal of Amendment; Joint Resolution Adopted in Concurrence with Proposals of Amendment; Joint Resolution Messaged At four o’clock and thirty minutes in the afternoon consideration was resumed on joint House resolution entitled: J.R.H. 124. Joint resolution establishing a task force on truancy and safe learning environments. Thereupon, pending the recurring question, Shall the Senate propose to the House to amend the joint resolution as proposed by Senator Canns, as

JOURNAL OF THE SENATE 176 amended? Senator Canns requested leave to withdraw his proposal of amendment, as amended, which was agreed to. Thereupon, pending third reading of the joint resolution, Senators Bartlett, Canns and Illuzzi moved that the Senate propose to the House to amend the resolution as follows: By striking out all of the resolved clauses in their entirety and inserting in lieu thereof the following: Resolved: That there is created a study committee on truancy and safe learning environments, to consist of three members of the House appointed by the Speaker of the House and three Senate members appointed by the Committee on Committees. The members of the Committee shall be entitled to a per diem and expenses pursuant to 2 V.S.A. §406, and may hold up to six meetings. The Committee shall hear from at least the following: Department of Education; Department of Developmental and Mental Health Services; Department of Corrections; Department of Social and Rehabilitation Services; Department of Public Safety; the Court Administrator; local School Boards; school Administrators; teachers; parents; students; local and Regional Human Services Agencies; local Law Enforcement Agencies; and fish and Wildlife Groups, and be further Resolved: That the legislative council, commissioner of education and secretary of human services shall provide staff services to the Committee. The Committee may appoint a subcommittee on truancy, whose members need not be members of the General Assembly, which may hold up to four meetings, and be it further 177 SATURDAY, MAY 15, 1999 Resolved: That the Committee shall develop and recommend: (1) A comprehensive state policy on alternative educational services, including community-based human services residential settings, for students who may be disruptive to the maintenance of a safe learning environment in a Vermont school, including those students who have been suspended or expelled on a long-term basis and those who are at risk of dropping out of school. In developing its recommendations, the Committee shall inventory current alternative educational settings or therapeutic services, identifying the best practices, including reintegration strategies. Further, the Committee shall consider the need for statutory change to enable appropriate exchange of information on students, without significant intrusion into the privacy of the students and consistent with federal law, in order to ensure timely interventions for students in need of alternative educational or other services and to protect students and staff from potentially violent students. (2) A plan to revise and strengthen Vermont’s compulsory attendance laws in order to provide an efficient, economical and responsive compulsory attendance system. To accomplish this directive, the subcommittee on truancy, whose members shall be entitled to a per diem and expenses pursuant to 32 V.S.A. §1010, shall: (A) consider the decriminalization of truancy through the use of small claims courts, the judicial bureau or an administrative hearing officer system, (B) consider giving the tribunal which hears truancy cases authority over both parents and children in order to enable issuing of realistic fines or orders tailored to the particular reasons each student is truant, and (C) review truancy reform models from other jurisdictions, and be it further Resolved: That the Committee shall present its recommendations, including recommendations on truancy and on youth violence at and away from school in the form of legislation, to the senate and house committees on education on or before January 15, 2000. And that after adoption, the title of the joint resolution be amended to read as follows: JOINT RESOLUTION ESTABLISHING A COMMITTEE ON YOUTH VIOLENCE, ON TRUANCY, AND SAFE LEARNING ENVIRONMENTS. Which was agreed to, on a roll call, Yeas 17, Nays 12. Senator Bahre, having demanded the yeas and nays, they were taken and are as follows:

JOURNAL OF THE SENATE 178 Roll Call Those Senators who voted in the affirmative were: Bahre, Bartlett, Bloomer, Canns, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, MacDonald, Maynard, Mazza, Morrissey, Ptashnik, Ready. Those Senators who voted in the negative were: Ankeney, Backus, Brownell, Kittell, Leddy, McCormack, Munt, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators absent and not voting were: Chard. Thereupon the resolution was read the third time and, the recurring question, Shall the joint resolution be adopted in concurrence with proposals of amendment? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was ordered messaged to the House forthwith. Rules Suspended; Report of Committee of Conference Not Accepted and Adopted on the Part of the Senate; Second Committee of Conference Requested; Second Committee of Conference Appointed; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled: H. 158. An act relating to litter enforcement and municipal recycling services. Was taken up for immediate consideration. Senator Ready, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 158. An act relating to litter enforcement and municipal recycling services. Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposals of amendment and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: * * * Judicial Bureau * * * Sec. 1. 4 V.S.A. § 1101 is amended to read: 179 SATURDAY, MAY 15, 1999 § 1101. DEFINITIONS As used in this chapter: (1) “Bureau” means the judicial bureau. (2) “Complaint” means a fish and wildlife complaint as provided in 10 V.S.A. § 4573, a littering or illegal dumping complaint as provided in 24 V.S.A. § 2201, a traffic complaint as provided in 23 V.S.A. § 2303, and a municipal complaint as provided in 24 V.S.A. § 1977. (3) “Violation” means a minor fish and wildlife violation as defined in 10 V.S.A. § 4572, a littering or illegal dumping violation as provided in 24 V.S.A. § 2201, a traffic violation as defined in 23 V.S.A. § 2302, and a civil ordinance violation as provided in 24 V.S.A. § 1974a. Sec. 2. 4 V.S.A. § 1102(b)(6) is added to read: (b) The bureau shall have jurisdiction of the following matters: * * * (6) violations of 24 V.S.A. § 2201, relating to littering and illegal dumping. * * * Littering Prohibition * * * Sec. 3. 24 V.S.A. § 2201 is amended to read: § 2201. THROWING, DEPOSITING, AND DUMPING REFUSE,; PENALTY; SUMMONS AND COMPLAINT (a) Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit or, cause, or permit to be thrown, dumped, or deposited, bottles, glass, crockery, cans, scrap metal, plastic, solid waste as defined in 10 V.S.A. § 6602, junk, paper, garbage, old automobiles, or parts thereof, refuse of whatever nature, or any noxious thing on lands of others or within 300 feet of the lands of others, public or private, or into the waters of this state, or on the shores or banks thereof or on or within view of a public highway. It shall be prima facie evidence that a person who is identifiable from an examination of the refuse, that is illegally dumped, is the person who violated a provision of this section. (b) Prosecution of violations. A person who violates a provision of this section shall be fined commits a civil violation and shall be subject to a civil penalty of not more than $500.00 or imprisoned not more than ten days, or both. This violation shall be enforceable in the judicial bureau pursuant to the provisions of chapter 29 of Title 4 in an action that may be brought by a municipal attorney, solid waste management district attorney, grand juror, or

JOURNAL OF THE SENATE 180 designee of the legislative body of the municipality, or by any duly authorized law enforcement officer. If the throwing, placing, or depositing was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, placing, or depositing was done by the driver of such motor vehicle. Nothing in this section shall be construed as affecting the operation of an automobile graveyard or junkyard as defined in section 2241 of this title, nor shall anything in this section be construed as prohibiting the installation and use of appropriate receptacles for solid waste provided by the state or towns. Sanitary land fills, recycling centers, and incinerators maintained pursuant to section 2202 of this title; and solid waste from mining, quarrying, farming operations, or logging and sawmill operations are exempt from the restrictions set forth above concerning the distance of 300 feet and visibility from a public highway. (c) Roadside cleanup. A person convicted of a found in violation of this section may be assigned to spend up to 80 hours collecting trash or litter from a specified segment of roadside or from a specified area of public property. (d) The commissioner of motor vehicles shall suspend the motor vehicle operator's license or operating privilege of a person convicted under found in violation of this section for a period of ten days if the court finds that the person convicted was the operator of a motor vehicle at the time of the violation person fails to pay the penalty set forth in subsection (b) of this section. This provision shall not apply if the only evidence of violation is the presumption set forth in subsection (b) of this section. The court bureau shall immediately notify the commissioner of the department of motor vehicles of the conviction entry of judgment. (e) The commissioner of fish and wildlife shall revoke the privilege of a person convicted under found in violation of this section from holding a hunting or fishing license, or both, for a period of one year from the date of the conviction, if the court finds that the person convicted was engaged in hunting or fishing at the time of the offense person fails to pay the penalty set forth in subsection (b) of this section. The court bureau shall immediately notify the commissioner of fish and wildlife of the conviction entry of judgment. (f) Summons and complaint. (1) Upon a determination that a person has violated this section, a person authorized to enforce this section shall file a complaint against the person with the judicial bureau. (2) In all littering and illegal dumping cases, the summons and complaint shall be in a form prescribed by the supreme court and known as the “littering and illegal dumping complaint.” 181 SATURDAY, MAY 15, 1999 (3) The complaint shall be signed by the issuing person. The original shall be filed with the judicial bureau, a copy shall be retained by the issuing person, and two copies shall be given to the defendant. (4) The complaint shall contain a description of the provision of this section allegedly violated, the allegations, the amount of the waiver penalty and the full penalty, and an explanation of rights and instructions on answering the allegations. The complaint shall also contain, in boldface print, the following: (A) IF YOU ADMIT TO A VIOLATION OF THE LITTERING AND ILLEGAL DUMPING PROHIBITIONS OR IF YOU DO NOT CONTEST THE ALLEGATIONS, SIGN THE COMPLAINT ADMITTING THE VIOLATION OR STATING THAT THE ALLEGATIONS ARE NOT CONTESTED AND SEND IT TO THE JUDICIAL BUREAU WITHIN 20 DAYS WITH PAYMENT IN THE AMOUNT OF THE WAIVER PENALTY. (B) IF YOU WANT TO DENY THE ALLEGATIONS IN THIS COMPLAINT, YOU MUST SEND A SIGNED DENIAL TO THE JUDICIAL BUREAU WITHIN 20 DAYS. IF YOU SEND IN A DENIAL, YOU WILL RECEIVE A DATE FOR YOUR TRIAL FROM THE JUDICIAL BUREAU. IF YOU LOSE THE CASE AFTER A TRIAL, YOU WILL BE ORDERED TO PAY A PENALTY IN AN AMOUNT NOT LESS THAN THE WAIVER PENALTY AND NOT MORE THAN THE FULL PENALTY. (C) IF YOU DO NOT ANSWER THIS COMPLAINT WITHIN 20 DAYS, OR IF YOU DENY THE ALLEGATIONS IN THE COMPLAINT AND FAIL TO APPEAR FOR THE HEARING, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU IN THE AMOUNT OF THE FULL PENALTY. THE FAILURE TO PAY THE PENALTY ASSESSED WILL RESULT IN FURTHER LEGAL ACTION AGAINST YOU. (D) IF YOU ADMIT OR DO NOT CONTEST OR DO NOT ANSWER, YOU WILL BE LIABLE TO THE STATE OF VERMONT FOR THE AMOUNT INDICATED IN THE COMPLAINT. (g) Amendment of complaint. A person authorized to enforce this section may amend or dismiss a complaint issued by that person by marking the complaint and returning it to the judicial bureau. At the hearing, a person authorized to enforce this section may amend or dismiss a complaint issued by that person, subject to the approval of the hearing judge. (h) Waiver penalty. The administrative judge shall appoint a panel of judicial bureau hearing officers to establish a waiver penalty for a violation of this section.

JOURNAL OF THE SENATE 182 * * * Bottled Water * * * Sec. 4. 10 V.S.A. § 1673(f) is amended to read: (f) A person shall not sell imported or domestic containerized, bottled or packaged drinking water in the state of Vermont unless: (1) the water and the source and system of the imported water is regulated by drinking water standards or requirements substantially equivalent to or more stringent than standards or requirements established by the secretary pursuant to subsection 1672(b) of this title and the importer of the water has presented certification of such standards; (2) the water and the source and system of the domestic drinking water meet the standards or requirements established by the secretary pursuant to subsection 1672(b) of this title; and (3) the water is labeled to show the amounts of arsenic, lead, sodium, and nitrates it contains, together with the amounts of any other chemicals, minerals or contaminants as required by the secretary. The label shall also indicate that further information about the water is available from the agency; and (4) the name, source, and the location of the bottler of spring or, artesian, or municipal water are identified. * * * Waste Mercury * * * Sec. 5. 10 V.S.A. § 6621d(a) is amended to read: (a) Labeling. A Effective March 1, 2000, a manufacturer or wholesaler may not sell at retail in this state, to a retailer in this state, or for use in this state, and a retailer may not knowingly sell, any of the following items at retail if they contain mercury added during manufacture, unless the item is labeled. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater. Primary responsibility for affixing labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer. By October 1, 1999, each manufacturer required to label by this section shall certify to the agency of natural resources that it has developed a labeling plan for its mercury-added products that complies with this section and any administrative labeling rule adopted by the agency of natural resources and that this labeling shall be implemented for products manufactured after March 1, 2000. The labeling plan shall include detailed descriptions of the products involved and the label size, material, content, location, and attachment method 183 SATURDAY, MAY 15, 1999 for each product and for the product packaging, where necessary under the rules, so a label is clearly visible at time of purchase. The plan must be submitted to the agency with the certification. Items to be labeled are: (1) A thermostat or thermometer. (2) A switch, individually or as part of another product. (3) A medical or scientific instrument. (4) An electric relay or other electrical device. (5) A lamp. (6) A battery, sold to the public, other than a button battery. * * * Recycling Centers * * * Sec. 6. 24 V.S.A. § 2203b is amended to read: § 2203b. FLOW CONTROL RECYCLING CENTERS (a) When Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may exercise control over the solid wastes to be recycled, if such control does not adversely affect a private recycling center or intermediate processing facility that pre-existed the municipal operation establish requirements for the management of such a center or facility. (b) When a municipality does not provide for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, but a private recycling center or intermediate processing facility exists, the municipality shall not exercise control over solid waste beyond the extent that control adversely affects an existing private recycling center or intermediate processing facility. If a municipality had, prior to the effective date of this section, a contract for the delivery of solid waste, it may exercise control over such portion of solid waste as may be necessary to meet its contractual commitment. (c) For the purposes of this section Titles 10, 24, and 32, recycling means the process of utilizing solid waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products. (d) The provisions of this section shall not apply to hazardous waste.

JOURNAL OF THE SENATE 184 ELIZABETH M. READY MARK A. MacDONALD HELEN S. RIEHLE Committee on the part of the Senate MARY M. SULLIVAN BETTY A. NUOVO Committee on the part of the House Thereupon, pending the question, Shall the Senate accept and adopt the report of the Committee of Conference? Senator Ready moved that the Senate not accept such report (in light of an impending point of order as to the form of the report under Section 771(2) of Mason’s Manual of Legislative Procedure) and that a second Committee of Conference be appointed. Which was agreed to. Thereupon, pursuant to the request of the Senate, the President announced the appointment of Senator Ready MacDonald Riehle as members of the second Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled: H. 365. An act relating to the Vermont prescription drug pricing and consumer protection program. Was taken up for immediate consideration. Senator Riehle, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: 185 SATURDAY, MAY 15, 1999 The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 365. An act relating to the Vermont prescription drug pricing and consumer protection program. Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposal of amendment, and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. PRESCRIPTION DRUG COST STUDY (a) The legislative health access oversight committee shall report to the general assembly on or before January 1, 2000 with its analysis and recommendation for implementation of a program that would enable the citizens of Vermont to purchase necessary prescription drugs at the lowest possible price, to ensure access to such prescription drugs and to support Vermont pharmacies. Prices shall, to the greatest extent possible, be comparable to the manufacturer’s “best prices” and price schedules agreed to with federal agencies and other nations. (b) The report shall analyze the effectiveness of a range of options for achieving these goals, including: (1) a regulatory structure to set maximum prices; (2) a prescription drug purchasing pool to lower prices by increasing the negotiating power of Vermont consumers; and (3) any other options for achieving the purposes of this act. (c) The report may include draft legislation designed to implement the recommendations of the committee. It is the intention of the General Assembly that legislation acting upon the report of the committee be enacted during the year 2000 Session. (d) The committee is authorized to contract for economic, legal and other expertise to assist the committee in its work under this section. Notwithstanding any other provision of law, all or a portion of the monies appropriated to the committee pursuant to Sec. 105 of Act No. 1 of the 1999 General Assembly may be used to carry out the purposes of this act. Sec. 2. 33 V.S.A. § 1996 is added to read: § 1996. VERMONT PRESCRIPTION DRUG PRICING AND CONSUMER PROTECTION PROGRAM

JOURNAL OF THE SENATE 186 On or before July 1, 2000 the commissioner of social welfare shall commence administration of a system designed to enable the citizens of Vermont t o purchase necessary prescription drugs at the lowest possible price, to ensure access to such prescription drugs, and to support Vermont pharmacies , consistent with the timeframes, standards and procedures established by the general assembly. HELEN S. RIEHLE BEN-ZION PTASHNIK RICHARD W. SEARS, JR. Committee on the part of the Senate PAUL N. POIRIER ANN D. PUGH MALCOLM F. SEVERANCE Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Message from the House A message was received from the House of Representatives by Mr. Bertrand, its Second Assistant Clerk, as follows: Mr. President: I am directed to inform the Senate the House has adopted a Joint Resolution of the following title: J.R.H. 130. Joint resolution relating to final adjournment of the General Assembly in 1999. In the adoption of which the concurrence of the Senate is requested. The House has considered Joint Resolutions originating in the Senate of the following titles: J.R.S. 64. Joint resolution congratulating the Barre Fish & Game Club, Inc. on its 80th anniversary. J.R.S. 65. Joint resolution congratulating the St. Johnsbury Academy team on winning the 1999 Northeast Regional championship of “We the People . . . The Citizen and the Constitution”. 187 SATURDAY, MAY 15, 1999 And has adopted the same in concurrence. The House has considered the reports of the Committees of Conference upon the disagreeing votes of the two Houses on House bills of the following titles: H. 549. An act relating to miscellaneous adjustment to the state, teachers and municipal retirement systems. H. 552. An act relating to the duties of magistrates. And has severally adopted the same on its part. The House has considered Senate proposal of amendment to House bill of the following title: H. 565. An act relating to a special retirement study committee. And has concurred therein with a proposal of amendment in the adoption of which the concurrence of the Senate is requested. The House has considered Senate proposal of amendment to House bill of the following title: H. 363. An act relating to fees. And has refused to concur therein and asks for a Committee of Conference upon the disagreeing votes of the two Houses; And the Speaker has appointed as members of such committee on the part of the House Rep. Valsangiacomo of Barre City Rep. Freed of Dorset Rep. Tracy of Burlington Rules Suspended; House Proposal of Amendment to Senate Proposal of Amendment Concurred In Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposal of amendment to Senate proposal of amendment to House bill entitled: H. 565. An act relating to a special retirement study. Was taken up for immediate consideration. The House concurs in the Senate proposal of amendment with the following amendment thereto: First: In Sec. 1, subsection (a), by striking the words “seven members” and inserting in lieu thereof the following: “nine members”, and by striking the

JOURNAL OF THE SENATE 188 words “three members” each time they appear and inserting in lieu thereof in each instance the following: “four members” Second: In Sec. 1, subsection (d), by striking the words “seven meetings” and inserting in lieu thereof the following: “eight meetings” Thereupon, the question, Shall the Senate concur in the House proposal of amendment to the Senate proposal of amendment? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Committee of Conference Appointed The President laid before the Senate, House bill entitled: H. 363. An act relating to fees. And, pursuant to the request of the House, announced the appointment of Senator Rivers Shumlin Greenwood as members of the Committee of Conference on the part of the Senate to consider the disagreeing votes of the two Houses. Message from the House A message was received from the House of Representatives by Mr. Palmisano, its First Assistant Clerk, as follows: Mr. President: I am directed to inform the Senate the House has pursuant to the request of the Senate for a second Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title: H. 158. An act relating to litter enforcement and, municipal recycling services. The Speaker has appointed as members of such committee on the part of the House Rep. Sullivan of Burlington Rep. Angell of Randolph Rep. Nuovo of Middlebury The House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title: 189 SATURDAY, MAY 15, 1999 H. 365. An act relating to the Vermont prescription drug pricing and consumer protection program. And has adopted the same on its part. The House has considered Senate proposal of amendment to Joint House Resolution of the following title: J.R.H. 124. Joint resolution establishing a committee on youth violence, on truancy, and safe learning environments. And has concurred therein with a proposal of amendment in the adoption of which the concurrence of the Senate is requested. Adjournment On motion of Senator Shumlin, the Senate adjourned until seven o’clock and fifteen minutes in the evening. Evening The Senate was called to order by the President pro tempore. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Mazza, the rules were suspended and the report of the Committee of Conference on House bill entitled: H. 548. An act relating to equal education. Was taken up for immediate consideration. Senator Rivers, for the Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 548. An act relating to equal education. Respectfully report that they have met and considered the same and recommend that the House accede to the Senate proposal of amendment and that the bill be further amended: First: By striking out Sec. 97 (Multi State Big Games) in its entirety. Second: By striking out Secs. 88 and 89 (Yankee Taxation) and by inserting new Secs. 88, 89, 89a and 89b to read:

JOURNAL OF THE SENATE 190 Sec. 88. 32 V.S.A. § 8661 is amended to read: § 8661. TAX LEVY (a) There is hereby assessed upon electric generating plants constructed in the state by any electric utility subsequent to July 1, 1965, and having a name plate generating capacity of 200,000 kilowatts, or more, a state tax of 3.5 2.75 percent of the appraised value thereof, obtained and established as hereinafter provided. For purposes of this section, “electric generating plant” shall not include real property on land which is not contiguous with any parcel upon which the generating structure is located. The tax imposed by this section shall be paid to the commissioner in equal quarterly installments by the person or corporation then owning or operating such electric generating plant. (b) The commissioner shall appraise such electric generating plants acquired, constructed or used by an electric public utility and located within this state at its original cost less depreciation as required to be reported to the public service board for rate regulation purposes. (c) A person or corporation failing to make returns or pay the tax imposed by this section within the time required shall be subject to and governed by the provisions of sections 5868, 5869, 5873 and 5875 of this title. Sec. 89. 32 V.S.A. § 5402a is added to read: § 5402a. ELECTRIC GENERATING PLANT EDUCATION PROPERTY TAX There is assessed for the fiscal year July through June upon any operating electric generating plant subject to the tax under chapter 213 of this title, an education property tax at a rate of two percent of the most recent appraised value of the plant as established under section 8661 of this title. The tax shall be paid to the commissioner of taxes by the person or corporation then owning or operating such electric generating plant, one-half on December 1 and one- half on June 1 each year, for deposit into the education fund. A person or entity failing to make returns or pay the tax imposed by this section within the time required shall be subject to and governed by the provisions of 3202, 3203, 5868 and 5873 of this title. Sec. 89a. Sec. 50a of No. 60 of the Acts of 1997, as amended by Sec. 8a of No. 71 of the Acts of 1998 is amended to read: Sec. 50a. LIMITATION ON EDUCATION PROPERTY TAXATION OF CERTAIN ELECTRIC GENERATING PLANTS Notwithstanding any provisions of this act or local law to the contrary, in 1998 for fiscal year 2000 and after: 191 SATURDAY, MAY 15, 1999 (1) A municipality may assess upon any operating electric generating plant subject to the tax under chapter 213 of Title 32 an education property tax. The tax rate shall not exceed the education property tax rate assessed on such property in fiscal year 1997. The tax shall be assessed on the municipal grand list value of such property, but in no event shall the education property tax assessment exceed the education property tax assessed on such property in fiscal year 1997. (2) A municipality which has upon its grand list an operating electric generating plant subject to the tax under chapter 213 section 5402a of Title 32, shall be subject to the education property tax under chapter 135 of Title 32 at one-half the rate provided in section 5402(a) of Title 32; and * * * Sec. 89b. YANKEE: REPEAL AND EFFECTIVE DATES (a) 32 V.S.A. § 8662 (electric generating tax deduction) is repealed effective January 1, 2000. (b) Sec. 88 (electric generating tax) of this act is effective January 1, 2000; Secs. 89 and 89a (electric generating plant education property tax) are effective for fiscal years 2000 and after. Third: By striking out Sec. 40 (Yield Pool Appropriations), and by inserting new Sec. 40 to read: Sec. 40. YIELD POOL ALLOCATIONS (a) For fiscal year 2000, there is allocated within the education fund for the purposes of the yield pool under section 4027 of Title 16 the amount of $36,000,000.00, plus any additional amount necessary to assure a yield of at least $40.00. (b) For fiscal year 2001, there is allocated within the education fund for the purposes of the yield pool under section 4027 of Title 16 the amount of $36,000,000.00, plus any additional amount necessary to assure a yield of at least $40.00. Fourth: In Sec. 11 (homestead valuation) in 32 V.S.A. § 6066(a)(1)(A), by striking “$175,000.00” and inserting in lieu thereof “$160,000.00” Fifth: By striking out Secs. 12 and 13 (additional property tax exemption for seniors) in their entirety Sixth: In Sec. 14 in §6062 of 32 V.S.A., subsection (c), by striking out subdivision (4) in its entirety. Seventh: By inserting a new Sec. 40b to read: Sec. 40b Transportation Appropriation

JOURNAL OF THE SENATE 192 In addition to any other appropriations in the FY 2000 Appropriations Act (H. 554) there is appropriated from the education fund in fiscal year 2000 the amount of $800,000.00 for reimbursement of transportation expenditures pursuant to Sec. 22(b) of No. 60 of the Acts of 1997 as amended by Sec. 98 of No. 71 of the Acts of 1998. Eighth: By inserting a new Sec. 3a to read: Sec. 3a. SMALL SCHOOLS STUDY During the 2000 Legislative Session the House and Senate Committees on Education may review the small schools support grant program to ensure that it adequately protects and enhances the viability of small schools in Vermont. Ninth: By inserting a new Sec. 40c to read: Sec. 40c. SCHOOL CONSTRUCTION; LEGISLATIVE PURPOSE It is the intent of the General Assembly and the Governor that in fiscal year 2001 the total appropriation for school construction assistance shall be at least $16,000,000.00. Of this amount at least $6,000,000.00 is to be from the education fund. The appropriation from the education fund shall be funded $2,000,000.00 from revenues forecasted as of May 15, 1999. The remainder shall be funded or offset from the following sources: (1) School construction appropriations made from fiscal year 1999 surplus pursuant to section 267(b) of H. 554 of 1999, the FY 2000 Appropriations Act; (2) Dedication of general fund direct applications in fiscal year 2000 or 2001; (3) Differences between actual expenditures and current estimated expenditures for income sensitivity payments from the education fund; (4) Inclusion in the fiscal year 2001 capital construction act; or (5) An increase in the general fund contribution to the education fund from the statutory level of increase of 2.8 percent to 3.3 percent for fiscal year 2001. Tenth: By striking out Sec. 34 (sales tax, clothing and footwear exemption) and by inserting new Secs. 34 and 34a to read: Sec. 34. 32 V.S.A. §9741 (45) is added to read: (45) Each article, with a purchase price of $110.00 or less, of clothing intended to be worn or carried on or about the human body, excluding footwear and excluding special clothing designed primarily for athletic activity or protective use and not normally worn except when so used. 193 SATURDAY, MAY 15, 1999 Sec. 34a. 32 V.S.A. §9741 (45) is amended to read: (45) Each article, with a purchase price of $110.00 or less, of clothing intended to be worn or carried on or about the human body, excluding including footwear and but excluding special clothing or footwear designed primarily for athletic activity or protective use and not normally worn except when so used. Eleventh: In Sec. 38 (effective dates), by striking out subsection (m) and by inserting a new subsection (m) to read: (m) Sec. 34 (sales tax exemption for clothing) shall apply to sales and uses on and after December 1, 1999. Sec. 34a (sales tax exemption for clothing and footwear) shall apply to sales and uses on and after July 1, 2001. The exemption from the sales tax for clothing or footwear shall not apply to any local option tax which a town may enact pursuant to 24 V.S.A. §138(b)(1). Twelfth: By striking out Sec. 37 (prebate checks and true-up) and inserting in lieu thereof new Secs. 37 and 37a to read: Sec. 37. 32 V.S.A. § 6066a(a) is added to read: § 6066a. PAYMENT OF PROPERTY TAX ADJUSTMENTS (a) Preliminary tax adjustment. Annually, the commissioner shall pay to each claimant the excess, if any, of the property tax on the homestead for the fiscal year over the adjusted property tax of the claimant for the fiscal year, as determined under section 6066(a)(1), (2) and (3) of this title. The payment shall be made by the latest of: July 1, for claims filed by April 15; 45 days after the claim is filed, for claims filed after April 15; or 30 days prior to the first education property tax installment date for the claimant’s municipality in the fiscal year which begins in the calendar year in which the claim is filed under section 6068 of this title. The preliminary tax adjustment amount determined under this subsection shall be the “subsection (a) amount”. Sec. 37a. 32 V.S.A. § 6066a(b) is added to read: (b) Final property tax adjustment. In order to correct the preliminary tax adjustment, so that it equals the full income sensitivity property tax adjustment due to the claimant for the prior year, a final property tax adjustment is made as follows: (1) A claimant shall also be entitled to a credit against his or her income tax liability under chapter 151 of this title. The amount of the credit shall be the excess, if any, of the subsection (a) amount for the current claim year over the subsection (a) amount paid in the prior year. If the credit exceeds the income tax liability, the difference shall be paid to the claimant, without interest.

JOURNAL OF THE SENATE 194 (2) The claimant shall pay to the commissioner the excess, if any, of the subsection (a) amount paid in the prior year over the subsection (a) amount for the current claim year. The payment under this subdivision shall be due on or before the due date for filing the Vermont income tax return, with extension, and shall be subject to the enforcement and collection provisions of chapter 151 of this title, and shall bear interest at the rate determined under section 3108 of this title from the due date for the income tax return, without extension. Any income tax refund due to a taxpayer shall be reduced by any amount owed by the taxpayer under this subdivision. Thirteenth: By relettering current Sec. 38(p) as Sec. 38(r) and by adding new subsections 38(p) and (q) to read: (p) Sec. 37 (adding 32 V.S.A. § 6066a(a)) shall take effect January 1, 2000. (q) Sec. 37a (adding 32 V.S.A. § 6066a(b)) shall take effect January 1, 2001. Fourteenth: By striking out Sec. 33 (repeal of Joint Legislative Oversight Committee on Restructuring Education), and by inserting a new Sec. 33 to read: Sec. 33. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON RESTRUCTURING EDUCATION Section 90 of No. 60 of the Acts of 1997, establishing the Joint Legislative Oversight Committee on Restructuring Education, is repealed effective January 1, 2000, and thereafter any duties assigned to the committee, or any studies required to be made by or submitted to the committee, shall be assigned to, made by or submitted to the appropriate stranding committees of the General Assembly. Fifteenth: By striking out Sec. 23 (hydro facility appraisals), and by inserting a new Sec. 23 to read: Sec. 23. EXTENSION, VALUATION OF HYDROELECTRIC GENERATING FACILITIES DURING TRANSITION (a) It is the intention of the General Assembly to provide additional time for the owners of hydroelectric generating facilities and the municipalities in which they are located to more accurately determine the fair market value of these special and unique utility assets in a changing and deregulated utility market, for greater coordination with and assistance from the Department of Taxes, to permit expert independent appraisals, and to facilitate and continue negotiations regarding determination of fair market values. Therefore, the provisions of Sec. 78 of Act No. 71 of the 1997 Adjourned Session, establishing the value of hydroelectric generating facilities as the grand list 195 SATURDAY, MAY 15, 1999 value of such facilities on April 1, 1997, shall be extended and shall be the value of such facilities until June 30, 2000. (b) This section, relating to the extension of the appraisal value of hydroelectric facilities, shall take effect from passage. Sixteenth: By striking out Sec. 39 (Appraisal assistance) and by inserting a new Sec. 39 to read: Sec. 39. HYDROELECTRIC APPRAISALS; ASSISTANCE TO LISTERS (a) Contract appraiser. The director of the Division of Property Valuation and Review shall contract for and retain the services of an appraiser or appraisal firm with special expertise in hydroelectric utility appraisals for the purpose of appraising up to eight hydroelectric facilities owned by USGenNE located on the Connecticut and Deerfield Rivers. There is appropriated for fiscal year 2000 to the Division of Property Valuation and Review from the general fund an amount not to exceed $225,000.00 for this purpose. Any funds not expended for this purpose in fiscal year 2000 shall not revert but carry over for expenditure for this purpose in fiscal year 2001. (b) Staff appraiser. One permanent position is authorized in the Division of Property Valuation and Review for an industrial and commercial appraiser to assist towns with commercial and industrial appraisals as assigned by the director. Priority shall be given to assisting towns with utility appraisal needs. There is appropriated for fiscal year 2000 from the general fund to the Division of Property Valuation and Review the amount of $75,000.00 for this purpose. (c) In the event that the taxable value after the expiration of the extension of established grand list values in Sec. 23 of this act is more than or less than the value established by that section, then any resulting adjustments in the taxable value of such property shall be phased in over the following period of years, not to exceed ten, until the full taxable value is reached. This subsection shall not prevent any other lawful adjustments to the valuation of hydroelectric facilities that may be required during the phase in period. (d) This section shall take effect July 1, 1999. Seventeenth: By inserting a new Sec. 37b (removal of cap on employer training credit) to read: Sec. 37b. 32 V.S.A. § 5930t(c) is amended to read: (c) A credit for training expenses associated with providing training to any individual employee may be claimed under this section only once by an employer in one taxable year. In any taxable year the total amount of training tax credits granted to all employers under this section shall not exceed $50,000.00. If in any taxable year claims for credits exceed $50,000.00, the

JOURNAL OF THE SENATE 196 commissioner shall first grant credits based upon the earliest date of application, and any credit not granted to an employer in any taxable year may be claimed by the employer in the immediately following taxable year. Eighteenth: By inserting new Secs. 96a and 96b to read: Sec. 96a. VERMONT ECONOMIC PROGRESS COUNCIL; FY 2000 AUTHORIZATIONS (a) Tax Stabilization and Property Tax Exemption Allocations. In fiscal year 2000, no new amount of authorization is granted to Vermont Economic Progress Council to approve applications under subdivisions (b)(1), (4) and (5) of section 5930a of Title 32. Any unused balance of the $300,000.00 authorization granted for this purpose in fiscal year 1999 by Sec. 56(a) of Act No. 71 of the 1997 Adjourned Session shall carry forward and may be allocated by the Council for this purpose in fiscal year 2000. (b) General Fund Tax Exemption Allocations. In fiscal year 2000, no new amount of authorization is granted to the Vermont Economic Progress Council to approve applications under subdivisions (b)(2) and (3) of section 5930a of Title 32. Any unused balance of the $2,000,000.00 authorization granted for this purpose in fiscal year 1999 by Sec. 56(b) of Act No. 71 of the 1997 Adjourned Session shall carry forward and may be allocated by the Council for this purpose in fiscal year 2000. Sec. 96b. VERMONT ECONOMIC PROGRESS COUNCIL; REPORTING (a) The Vermont Economic Progress Council shall supplement its January 10, 1999 report to the General Assembly with a review of other successful state development programs dedicated to higher value jobs, opportunities to create new economic activity not addressed by tax credits, and recommendations for economic development tools for fiscal year 2000 as required by 32 V.S.A. § 5930a(j). The supplement shall be provided to the House Committees on Ways and Means; Commerce; and General, Housing and Military Affairs; and the Senate Committees on Finance and General Affairs and Housing; on or before July 1, 1999. (b) Beginning with its annual report to the General Assembly in January 2000, and each year thereafter, the Vermont Economic Progress Council shall include the following: (1) A review and analysis of each of the five economic incentives available to be granted by the council under 32 V.S.A. § 5930a (b), the merits and disadvantages of each, and the degree to which each incentive promotes the policy objectives and goals of the eight guidelines established under 32 V.S.A. § 5930a(c). 197 SATURDAY, MAY 15, 1999 (2) Recommendations as to how best to assess the progress being made toward obtaining the policy objectives and goals of the guidelines, with specific data and information, where possible, of indicators of progress, such as numbers of jobs that have been created, compensation levels and other job quality indicators, effects on municipal vacancy rates, and the like. Nineteenth: By inserting a new Sec. 96c (Financial Services correction) to read: Sec. 96c. 32 V.S.A. § 5922(f) is amended to read: (f) A qualified person who claims and is awarded tax credits under this section shall report, on a form approved by the commissioner of taxes, such persons qualified payroll expenses as of July 1, 1996. No tax credits shall be available for tax years beginning on and after December 31, 2001 if the commissioner certifies that the aggregate qualified payroll expenses on July 1, 2001 of all such persons who have been awarded such credits have not increased by $80,000,000.00 $50,000,000.00 or more since July 1, 1996. Twentieth: In Sec. 80, (allocation of municipal and regional planning funds) in 24 V.S.A. §4306 (a), at the end of the subsection, by inserting a sentence to read: “Of the revenues in the fund, each year 10 percent shall be disbursed to the Vermont Center for Geographic Information; 70 percent shall be disbursed to regional planning commissions and 20 percent shall be disbursed to municipalities. Disbursements to regional planning commissions shall be according to a formula adopted by the Commissioner of the Department of Housing and Community Development under chapter 25 of title 3. Disbursements to municipalities shall be through a competitive program administered by the department pursuant to subdivision (b)(4) of this section. Twenty-first: By striking out Sec. 98 (Delinquent Tax Study) in its entirety. Twenty-second: By inserting a new Sec. 86a (Education Property Tax Abatement, Jay) to read: The Commissioner of Taxes is authorized in fiscal year 2000 to reduce the education property tax payments due from the Town of Jay by the sum of $1,868.90, for reimbursement of education property tax which was assessed in fiscal year 1999 on property tax of a nonprofit volunteer fire organization which has been voted exempt from property tax for fiscal year 1999. Twenty-third: In Sec. 17 (unorganized towns and gores, technical) by deleting all underscored language after the second sentence, and by inserting a new Sec. 17a to read: Sec. 17a. UNORGANIZED TOWNS AND GORES WITH FEWER THAN FIVE STUDENTS

JOURNAL OF THE SENATE 198 Notwithstanding any other provision of law, in fiscal years 1999, 2000 and 2001 only, any unorganized town or gore with fewer than five students as of July 1 of the fiscal year: (1) shall receive the general state support grant under 16 V.S.A. § 4011 for each student based on weighted ADM count which shall not be equalized. (2) shall, if the local education spending as determined by the commissioner of education is in excess of the general state support grant, not be subject to the provisions of sections 428 and 511 of Title 16, but shall impose a tax on its education property tax grand list as defined in section 5401(5) of title 32, at the rate necessary to raise that excess amount. A tax imposed under this subdivision shall be administered and collected in the same manner as an education property tax in accord with the provisions of Part 2 of Title 32. For purposes of a claim for property tax adjustment under chapter 154 of Title 32 by a taxpayer in a municipality affected under this section, “local share property tax” shall mean the tax assessed in the fiscal year under this section; and the “local share property tax liability” under subdivision 6066(a)(2) of Title 32 shall be the claimant’s statewide property tax liability multiplied by a fraction, the numerator of which is the tax rate imposed under this section and the denominator of which is the equalized statewide property tax rate. Twenty-fourth: In Sec. 71, (repeal, technical) by inserting before the final period “for all other contracts” Twenty-fifth: In Sec. 90, (technical) in the section heading, by deleting “Sec. 58(a)” and inserting in lieu thereof “Sec. 56(a)” Twenty-sixth: In Sec. 92, (technical) after the following words “on site directly and primarily” by striking the word “in” Twenty-seventh: By adding new Secs. 22a, 22b, and 22c (homestead, technical) to read: Sec. 22a. Sec. 64 of No. 71 of the Acts of 1998 is amended to read: Sec. 64. NOTICE OF HOMESTEAD VALUE ALLOCATION Every municipality shall notify the owner of record of each declared homestead, as defined under section 5401(7) of Title 32, of the most recent listed value of the parcel and the homestead portion of the parcel. Notice shall be provided on or before the date on which the listers must return the grand list book to the town clerk for 1999, in the same manner and with the same appeal rights as provided under subsection 4111(e) of Title 32. Sec. 22b. 32 V.S.A. § 4111(e) is amended to read: 199 SATURDAY, MAY 15, 1999 (e) When the listers return the grand list book to the town clerk, they shall notify by first class mail, on which postage has been prepaid and which has been addressed to their last known address, all persons, listed as property owners in the grand list book of any change in the appraised value of such property or any change in the allocation of value to the declared homestead as defined under section 5401(7) of this title, and also notify them of the amount of such change and of the time and place fixed in the public notice hereinafter provided for, when persons aggrieved may be heard. Notices shall be mailed at least fourteen days before the time fixed for hearing. Such personal notices shall be given in all towns and cities within the state, anything in the charter of any city to the contrary notwithstanding. At the same time the listers shall post notices in the town clerk's office and in at least four other public places in the town or in the case of a city, in such other manner and places as the city charter shall provide, setting forth that they have completed and filed such book as an abstract and the time and place of the meeting for hearing grievances and making corrections. Unless the personal notices required hereby were sent by registered or certified mail, or unless an official certificate of mailing of the same was obtained from the post office, in the case of any controversy subsequently arising it shall be presumed that the personal notices were not mailed as required. Sec. 22c. 32 V.S.A. § 4152(9) is amended to read: (9) Separate columns which will show the listed valuations of declared homesteads as defined in section 5401(7) of this title. Twenty-eighth: In Sec. 119, in 6 V.S.A. § 1112, before the first paragraph, by inserting the subsection designation “(a)”, and before the last paragraph, by inserting the subsection designation “(b)” Twenty-ninth: In Sec. 131, in 20 V.S.A. § 3914, before the first paragraph, by striking the subsection designation “(a)”; and by striking out subsection (b) in its entirety, and by inserting a new Sec. 131a to read: Sec. 131a. REPORT ON CONSOLIDATION AND REDUCTION OF SPECIAL FUNDS On or before January 1, 2000, the Commissioner of Agriculture, Food and Markets shall report to the Senate Committee on Finance, the House Committee on Ways and Means and the House Committee on Government Operations on how to consolidate and reduce special funds within the department of agriculture, food and markets. Thirtieth: In Sec. 132., by striking out subdivision (4) of 3 V.S.A. § 2281 in its entirety and inserting in lieu thereof the following:

JOURNAL OF THE SENATE 200 (4) At the time the department files its annual accounting report under section 182 of this title, it shall report on the number of special funds and balance of each special fund within each agency, department, commission or other state governmental entity. Thirty-first: In Sec. 150, in subdivision (13) of 30 V.S.A. § 20(b), after the words “state of Vermont”, by adding the words “occurring prior to July 1, 2002” Thirty second: By striking out Sec. 153 in its entirety Thirty third: By striking out Sec. 165 in its entirety Thirty fourth: In Sec. 184, by striking subdivision (2) of 26 V.S.A. § 4089a in its entirety and inserting in lieu thereof the following: “(2) Biennial roster re-entry $75.00 $100.00” Thirty-fifth: By striking out Sec. 224 (Filing Fees, Study) in its entirety Thirty-sixth: In Sec. 226, by striking out subsection (a) in its entirety and inserting in lieu thereof the following (a) This section and Secs. 117, 125, 154, and 194 (sunset dates) of this act shall take effect upon passage. Thirty-seventh: In Sec. 226, by adding subsection (d) to read as follows: (d) Effective from the date of passage, the secretary of human services may adopt such rules as are necessary to carry out the provisions of Sec. 204 of this act under the expeditious rule making procedures provided in Sec. 133 of H. 554, the FY 2000 Appropriations Act. CHERYL P. RIVERS PETER E. SHUMLIN JAMES H. GREENWOOD Committee on the part of the Senate ORESTE V. VALSANGIACOMO, JR. MARION C. MILNE DAVID L. DEEN Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative on a roll call, Yeas 26, Nays 1. Senator Rivers, having demanded the yeas and nays, they were taken and are as follows: 201 SATURDAY, MAY 15, 1999 Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Bloomer, Brownell, Canns, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: Bahre. Those Senators absent and not voting were: Chard, Illuzzi, Ready. Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was ordered messaged to the House forthwith. Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled: H. 554. An act making appropriations for the support of government. Was taken up for immediate consideration. Senator Shumlin, for the Committee of Conference, submitted the following report and Addendum thereto: To the Senate and House of Representatives: The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 554. An act making appropriations for the support of government. Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposals of amendment in their entirety, and 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 bill may be referred to as the BIG BILL -- Fiscal Year 2000 Appropriations Act. Sec. 2. PURPOSE The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2000. It is the expressed 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, 1999. Agency

JOURNAL OF THE SENATE 202 and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2000 so as to meet this condition unless otherwise directed by specific language in this act. Sec. 3. APPROPRIATIONS The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are declared to be single-year appropriations, and only for the purpose indicated. These appropriations shall be the only appropriations available notwithstanding any other acts or laws. If in this act there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory title within this act may be disregarded by the commissioner of finance and management. Sec. 4. TIME AVAILABLE The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2000. The balance of any appropriations made in this act remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance unless otherwise specified in this act. Refunds of expenditures and reimbursements, except liability insurance premiums, which have been paid from the appropriations of a prior year shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended. Sec. 5. DEFINITIONS For the purposes of this act: (1) "Personal services" means wages and salaries, consulting services, personnel benefits, personal injury benefits under section 636 of Title 21 and similar items. (2) "Operating expenses" means supplies - food, medical, clothing, educational, fuel, highway materials and similar items; contractual services - postage, telephone, travel expenses, light, heat and power, rentals, insurance and other similar items; equipment articles of substantial value which have a 203 SATURDAY, MAY 15, 1999 long period of usefulness - desks, computers, typewriters, furniture, motor vehicles and similar items. (3) "Land, structures, improvements" means expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items. (4) "Grants" means subsidies, aid or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions. (5) "Other" means a lump sum appropriation not differentiated by object of expenditure. (6) "Encumbrances" means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances. Sec. 6. SOURCE OF FUNDS The appropriations made in this act are made for the fiscal year ending June 30, 2000 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 512,570 Operating expenses 51,808 Total 564,378 Source of funds General fund 361,051 Transportation fund 58,327 Interdepartmental transfer 145,000 Total 564,378 Sec. 8. Secretary of administration - GOVNet Personal services 281,150 Operating expenses 968,850 Total 1,250,000 Source of funds Internal service funds 1,250,000 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Administrative Assistant A - is authorized in fiscal year 2000.

JOURNAL OF THE SENATE 204 Sec. 9. Finance and management - budget and management Personal services 662,088 Operating expenses 54,280 Total 716,368 Source of funds General fund 580,216 Transportation fund 126,152 Interdepartmental transfer 10,000 Total 716,368 Sec. 10. Finance and management - financial operations Personal services 855,376 Operating expenses 156,284 Total 1,011,660 Source of funds General fund 625,416 Transportation fund 340,214 Special funds 46,030 Total 1,011,660 (a) The establishment of two (2) new classified positions - one (1) Network Administrator II and one (1) Information Technology Specialist II - is authorized in fiscal year 2000. Sec. 11. Personnel – operations Personal services 2,040,140 Operating expenses 423,106 Total 2,463,246 Source of funds General fund 1,733,842 Transportation fund 607,604 Special funds 47,000 Internal service funds 67,300 Interdepartmental transfer 7,500 Total 2,463,246 Sec. 12. Personnel – employee benefits Personal services 706,487 Operating expenses 269,320 Total 975,807 Source of funds Internal service funds 975,807 205 SATURDAY, MAY 15, 1999 Sec. 13. Buildings and general services - administrative Personal services 668,926 Operating expenses 137,900 Total 806,826 Source of funds General fund 370,000 Transportation fund 63,000 Interdepartmental transfer 373,826 Total 806,826 (a) The establishment of one (1) new classified position - Personnel Assistant - is authorized in fiscal year 2000. Sec. 14. Buildings and general services - facilities operations Personal services 5,296,223 Operating expenses 5,991,792 Total 11,288,015 Source of funds General fund 9,660,189 Transportation fund 1,327,826 Interdepartmental transfer 300,000 Total 11,288,015 (a) The establishment of twenty-two (22) new classified positions - one (1) Maintenance Mechanic A, three (3) Maintenance Mechanic B, one (1) Maintenance Mechanic II, fourteen (14) Custodian A, and three (3) Custodian B - is authorized in fiscal year 2000. Sec. 15. Buildings and general services – engineering Personal services 1,330,618 Operating expenses 164,750 Total 1,495,368 Source of funds General fund 1,339,664 Transportation fund 90,704 Interdepartmental transfer 65,000 Total 1,495,368 Sec. 16. Buildings and general services - property management Personal services 276,833 Operating expenses 3,661,776 Total 3,938,609 Source of funds

JOURNAL OF THE SENATE 206 General fund 513,166 Internal service funds 3,425,443 Total 3,938,609 Sec. 17. Buildings and general services - postal Personal services 476,766 Operating expenses 345,816 Total 822,582 Source of funds General fund 75,000 Transportation fund 63,085 Internal service funds 684,497 Total 822,582 Sec. 18. Buildings and general services - supply center Personal services 207,401 Operating expenses 189,851 Total 397,252 Source of funds Internal service funds 397,252 Sec. 19. Buildings and general services - copy center Personal services 564,853 Operating expenses 803,920 Total 1,368,773 Source of funds Internal service funds 1,368,773 (a) The following positions are authorized to replace ongoing temporary services. The establishment of two (2) new classified positions - Support Services Worker - is authorized in fiscal year 2000. Sec. 20. Buildings and general services – purchasing Personal services 614,653 Operating expenses 120,062 Total 734,715 Source of funds General fund 483,439 Transportation fund 251,276 Total 734,715 207 SATURDAY, MAY 15, 1999 Sec. 21. Buildings and general services - public records Personal services 638,983 Operating expenses 192,633 Total 831,616 Source of funds General fund 566,558 Transportation fund 85,019 Special funds 160,039 Interdepartmental transfer 20,000 Total 831,616 Sec. 22. Buildings and general services - communications and information technology Personal services 2,156,311 Operating expenses 3,041,100 Total 5,197,411 Source of funds Internal service funds 5,197,411 (a) The following positions are authorized to replace ongoing temporary and contractual services. The establishment of two (2) new classified positions - one (1) Information Technology Specialist II, and one (1) Telecommunications Systems Specialist - is authorized in fiscal year 2000. Sec. 23. Buildings and general services - state surplus property Personal services 39,197 Operating expenses 28,855 Total 68,052 Source of funds Internal service funds 68,052 Sec. 24. Buildings and general services - federal surplus property Personal services 36,527 Operating expenses 60,545 Total 97,072 Source of funds Enterprise funds 97,072 Sec. 25. Buildings and general services - workers' compensation insurance Personal services 682,418 Operating expenses 192,698 Total 875,116 Source of funds

JOURNAL OF THE SENATE 208 Internal service funds 875,116 Sec. 26. Buildings and general services - general liability insurance Personal services 255,183 Operating expenses 389,331 Total 644,514 Source of funds Internal service funds 644,514 Sec. 27. Buildings and general services - all other insurance Personal services 26,642 Operating expenses 14,285 Total 40,927 Source of funds Internal service funds 40,927 Sec. 28. Buildings and general services - information centers Personal services 2,154,820 Operating expenses 555,302 Grants 175,000 Total 2,885,122 Source of funds General fund 256,499 Transportation fund 2,576,623 Special funds 52,000 Total 2,885,122 Sec. 29. APPROPRIATIONS; REDUCTION (a) The commissioner of buildings and general services shall reduce by $250,000.00 in general funds, amounts appropriated in Secs. 13 through 28 of this act. (b) The commissioner shall use the fee for space program in agencies supported by federal programs and in agencies supported by special funds to the extent allowable to fully fund the appropriation of the facilities operating program of the department. Any additional revenues from the fee for space program shall be available for appropriation. Sec. 30. Tax - administration/collection Personal services 8,339,462 Operating expenses 2,247,350 Total 10,586,812 Source of funds 209 SATURDAY, MAY 15, 1999 General fund 9,362,241 Transportation fund 247,566 Special funds 899,505 Interdepartmental transfer 77,500 Total 10,586,812 (a) The following positions are authorized to replace ongoing temporary services. The establishment of two (2) new classified positions - one (1) Clerk B and one (1) Tax Examiner II - is authorized in fiscal year 2000. Sec. 31. REPEAL Sec. 303 of No. 89 of the Acts of 1987 (enhanced tax collection special fund) is repealed. Sec. 32. Libraries Personal services 1,511,437 Operating expenses 1,047,830 Grants 41,300 Total 2,600,567 Source of funds General fund 1,835,067 Federal funds 638,700 Special funds 64,200 Interdepartmental transfer 62,600 Total 2,600,567 Sec. 33. Geographic information system Grants 345,000 Source of funds Special funds 345,000 Sec. 34. Auditor of accounts Personal services 1,323,444 Operating expenses 80,317 Total 1,403,761 Source of funds General fund 418,994 Transportation fund 66,844 Special fund 47,573 Internal service funds 870,350 Total 1,403,761 Sec. 35. State treasurer

JOURNAL OF THE SENATE 210 Personal services 1,297,696 Operating expenses 246,700 Total 1,544,396 Source of funds General fund 472,535 Transportation fund 115,953 Special funds 862,378 Expendable trust 93,530 Total 1,544,396 (a) The conversion of one (1) limited service position - Program Services Clerk - to a new classified position is authorized in fiscal year 2000. Sec. 36. Vermont state retirement system Personal services 9,367,097 Operating expenses 108,377 Total 9,475,474 Source of funds Special funds 9,475,474 Sec. 37. Municipal employees' retirement system Personal services 747,684 Operating expenses 38,076 Total 785,760 Source of funds Special funds 785,760 Sec. 38. State labor relations board Personal services 140,705 Operating expenses 21,400 Total 162,105 Source of funds General fund 152,058 Transportation fund 5,125 Special funds 4,922 Total 162,105 Sec. 39. Executive office Personal services 973,328 Operating expenses 207,347 Grants 51,978 Unrestricted fund 13,000 Total 1,245,653 211 SATURDAY, MAY 15, 1999 Source of funds General fund 956,056 Transportation fund 177,497 Special funds 3,100 Interdepartmental transfer 109,000 Total 1,245,653 Sec. 40. Executive - national and community service Personal services 156,405 Operating expenses 86,335 Grants 1,272,320 Total 1,515,060 Source of funds General fund 54,880 Federal funds 1,445,416 Interdepartmental transfer 14,764 Total 1,515,060 Sec. 41. VOSHA review board Personal services 25,000 Operating expenses 3,250 Total 28,250 Source of funds General fund 11,415 Federal funds 16,835 Total 28,250 Sec. 42. Use tax reimbursement fund - municipal current use Other 4,000,000 Source of funds General fund 1,950,000 Transportation fund 2,050,000 Total 4,000,000 Sec. 43. Lieutenant governor Personal services 95,921 Operating expenses 7,414 Total 103,335

JOURNAL OF THE SENATE 212 Source of funds General fund 82,193 Transportation fund 21,142 Total 103,335 Sec. 44. Legislature Other 3,891,728 Source of funds General fund 3,093,628 Transportation fund 798,100 Total 3,891,728 (a) The following positions are authorized to replace ongoing temporary services. The establishment of two (2) exempt positions - Committee Assistant - is authorized in fiscal year 2000. Sec. 44a. Sec. 41 of No. 147 of the Acts of 1998, as amended by Sec. 8 of No. 1 of the Acts of 1999, is further amended to read: Sec. 41. Legislature Other 4,241,500 4,751,500 Source of Funds General fund 3,443,400 3,953,400 Transportation fund 798,100 798,100 Total 4,241,500 4,751,500 (a) Of the above appropriation, up to $40,000.00 shall be available for the costs of planning and preparing for the 1999 Annual Meeting of the Eastern Regional conference of the Council of State governments in Burlington. This appropriation shall be matched through fundraising on a two-for-one basis. (b) Beginning in the 1999 biennial session of the legislature, and in each biennial and adjourned session thereafter, the first installment payment of salary of members shall be made no later than the last day of the first week of the legislative session in an amount no less than one week's salary. Thereafter, members shall be paid in biweekly installments as provided in 32 V.S.A. § 1051(a) and (c) and 32 V.S.A. § 1052(a). (c) Notwithstanding any provisions to the contrary in 32 V.S.A. §§ 1051 and 1052, for attendance at sessions of the 1999 regular session of general assembly after May 8, 1999 members shall be compensated on a daily basis, except that in no event shall compensation to any member in any week exceed the weekly amount provided by law. 213 SATURDAY, MAY 15, 1999 (d) In addition to any other funds appropriated to the sergeant at arms in fiscal year 1999, there is appropriated from the general fund in fiscal year 1999 to the sergeant at arms an additional amount of $21,000.00 for the purpose of meeting additional personnel and other costs related to the extension of the 1999 legislative session. Sec. 45. Legislative council Personal services 1,436,000 Operating expenses 18,500 Total 1,454,500 Source of funds General fund 1,202,968 Transportation fund 251,532 Total 1,454,500 (a) The establishment of two (2) new exempt positions - Legislative Counsel - is authorized in fiscal year 2000. Sec. 46. Sergeant at arms Personal services 203,072 Operating expenses 42,669 Total 245,741 Source of funds General fund 199,524 Transportation fund 46,217 Total 245,741 Sec. 47. Joint fiscal committee Personal services 625,335 Operating expenses 25,600 Total 650,935 Source of funds General fund 499,702 Transportation fund 151,233 Total 650,935 (a) The following limited service positions are converted to permanent exempt positions in fiscal year 2000: #117010 and #117011. Sec. 48. Lottery commission Personal services 931,410 Operating expenses 692,422 Total 1,623,832 Source of funds

JOURNAL OF THE SENATE 214 Enterprise funds 1,623,832 Sec. 49. Payments in lieu of taxes - Montpelier services Grants 184,000 Source of funds General fund 184,000 Sec. 50. Payments in lieu of taxes - correctional facilities Grants 40,000 Source of funds General fund 40,000 Sec. 50a. State payment in lieu of property taxes Grants 1,500,000 Source of funds General fund 1,250,000 Special funds 250,000 Total 1,500,000 (a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32. Sec. 51. Total general government 81,610,338 Source of funds General fund 38,080,301 Transportation fund 9,521,039 Federal funds 2,100,951 Special funds 13,042,981 Enterprise funds 1,720,904 Expendable trust 93,530 Internal service funds 15,865,442 Interdepartmental transfer 1,185,190 Total 81,610,338 Sec. 52. Protection to persons and property - Attorney general Personal services 3,604,134 Operating expenses 408,200 Total 4,012,334 Source of funds General fund 2,020,089 Transportation fund 78,539 Federal funds 460,000 215 SATURDAY, MAY 15, 1999 Special funds 612,706 Tobacco funds 190,000 Interdepartmental transfer 651,000 Total 4,012,334 (a) The following positions are authorized to replace ongoing temporary and contractual services. The establishment of three (3) new classified positions - one (1) Administrative Assistant and two (2) Paralegal - and five (5) new exempt positions – Assistant Attorney General - is authorized in fiscal year 2000. (b) The establishment of one (1) new classified position - Investigator - and two (2) new exempt positions - Assistant Attorney General - is authorized in fiscal year 2000. Sec. 53. Vermont court diversion Grants 821,967 Source of funds General fund 424,342 Transportation fund 172,625 Special funds 225,000 Total 821,967 Sec. 54. Center for crime victim services Personal services 311,149 Operating expenses 79,836 Grants 3,369,676 Other 498,000 Total 4,258,661 Source of funds General fund 570,126 Federal funds 2,744,000 Special funds 944,535 Total 4,258,661 Sec. 55. State's attorneys Personal services 5,846,810 Operating expenses 693,540 Total 6,540,350 Source of funds General fund 4,651,739 Transportation fund 414,598 Federal funds 216,827

JOURNAL OF THE SENATE 216 Special funds 91,004 Interdepartmental transfer 1,166,182 Total 6,540,350 (a) The establishment of eight (8) new exempt positions - three (3) Deputy State's Attorney, three (3) Victim Advocate and two (2) Secretary - is authorized in fiscal year 2000. Sec. 56. Sheriffs Personal services 1,681,448 Operating expenses 218,280 Total 1,899,728 Source of funds General fund 1,365,427 Transportation fund 534,301 Total 1,899,728 (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. 56a. 32 V.S.A. § 1591(2)(A) is amended to read: (A) For necessary assistance in arresting or transporting prisoners, juveniles or mental patients the sum of $9.50 $11.00 per hour for each deputy sheriff or assistant so required if the sheriff or constable makes oath that the deputy sheriff, assistant or assistants were required giving the name of the assistant or assistants if there were more than one; provided, however, a full-time law enforcement officer shall not receive compensation under this subsection if otherwise compensated for the hours during which such transportation is performed. In addition to the rate established in this section, the sheriffs' department shall be reimbursed for the costs of the employers' contribution to social security and workers' compensation insurance attributable to services provided under this section. Reimbursement shall be calculated on an hourly basis; the sheriff's department shall also be reimbursed for the costs of employer contributions for unemployment compensation, when a claim is filed and the percentage owed from the sheriff's department to the state can be accounted for under this section; Sec. 56b. SHERIFFS’ COMPENSATION; REPORT The department of state’s attorneys shall review the statutory schedule for sheriffs’ compensation and determine whether the compensation for sheriffs is equitable. The department shall report its findings, together with its recommendation for an equitable compensation schedule for sheriffs, to the general assembly on or before January 15, 2000. 217 SATURDAY, MAY 15, 1999 Sec. 57. Defender general - public defense Personal services 4,089,215 Operating expenses 440,724 Total 4,529,939 Source of funds General fund 3,629,935 Transportation fund 600,692 Federal funds 48,000 Special funds 251,312 Total 4,529,939 (a) The following positions are authorized to replace ongoing temporary and contractual services. The establishment of five (5) new exempt positions - three (3) Staff Attorney and two (2) Support Secretary - is authorized in fiscal year 2000. Sec. 57a. GRANT ACCEPTANCE Notwithstanding section 5 of Title 32 pertaining to acceptance of grants, the defender general may accept up to $150,000.00 in federal grant funds from the Bureau of Justice Assistance of the United States Department of Justice to identify, assess and accommodate developmental disabilities of persons who are assigned the services of the office of the defender general. Sec. 58. Defender general - assigned counsel Personal services 1,757,137 Operating expenses 34,505 Total 1,791,642 Source of funds General fund 1,532,058 Transportation fund 259,584 Total 1,791,642 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new exempt position - Support Secretary - is authorized in fiscal year 2000. Sec. 59. AD HOC COUNSEL COMPENSATION RATE Beginning July 1, 1999, such rate of compensation shall be as prescribed by the supreme court pursuant to section 5205(a) of Title 13.

JOURNAL OF THE SENATE 218 Sec. 60. Military – administrative Personal services 547,827 Operating expenses 336,909 Grants 30,000 Total 914,736 Source of funds General fund 874,111 Special funds 40,625 Total 914,736 (a) $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which is comprised of $30,000.00 of the above appropriation and $170,000.00 carry-forward fiscal year 1999 funds. (b) Total grants under 16 V.S.A chapter 87, subchapter 4a shall not exceed $200,000.00 in fiscal year 2000, nor shall commitments or obligations be made for expenditure amounts above $200,000.00 in fiscal year 2001. Sec. 61. 16 V.S.A. chapter 87, subchapter 4A is added to read: Subchapter 4A. National Guard § 2856. EDUCATIONAL ASSISTANCE (a) An active member of the Vermont army national guard or the air national guard may be eligible for an interest-free loan in an academic year for financial assistance to pay for tuition and fees for courses taken at a Vermont college, university, or regional technical center. Academic year awards may be up to $2,500.00 for a full-time student, up to $700.00 for a half-time student and up to $200.00 for a quarter-time student. (b) To be eligible for an educational loan under this section, a person shall: (1) have been a Vermont resident for at least one year; (2) be an active member in good standing of a federally-recognized unit of the Vermont army national guard or air national guard; (3) have successfully completed basic training or commissioning; (4) not hold a baccalaureate degree or higher; and (5) be enrolled in a program that leads to a postsecondary degree, diploma or be studying for relevant continuing education purposes. (c) A loan awarded under this section shall be interest free and may be partially or completely cancelled and forgiven for a person who: 219 SATURDAY, MAY 15, 1999 (1) submits certification that the person has successfully completed the course; and (2) submits certification that the person has completed two years of national guard service for each full academic year award. Service requirements for less than a full academic year award shall be proportionate to the amount of the award. The board shall determine the amount of loan to be cancelled for each completed year of service. The amount cancelled for each year of service shall not exceed 50 percent of the loan. (d) The adjutant general shall provide a certificate of eligibility to each person who has been found to be eligible for educational assistance under this section. The certificate shall be valid for one academic year. (e) A person shall not be eligible for educational assistance under this section for any courses taken after he or she has been awarded a baccalaureate degree or is no longer an active member in good standing of the Vermont army national guard or the air national guard. (f) The board, in consultation with the office of the adjutant general, shall adopt rules necessary to implement the provisions of this section. Rules shall include definitions of “successful completion of a course”, “relevant continuing education courses” and what constitutes an “academic year”. Rules adopted by the Vermont state colleges under section 2183 of this title, prior to its repeal, shall remain valid under this section and shall be administered by the corporation. (g) Annually by January 15, the adjutant general shall report to the legislature, and shall include in the report statistics and information on the following issues: (1) the number of guardsmen and women enrolled in educational programs as a result of the funding provisions of this section; (2) the number of guardsmen and women who applied for funding under this section but were not able to obtain such funding; (3) the types of programs undertaken and names of institutions attended by students; and (4) the number of guards men and women who have completed their course work. Sec. 62. REPEAL 16 V.S.A. § 2183, relating to Vermont state colleges administration of national guard scholarships, is repealed. Sec. 63. Military - veterans' affairs

JOURNAL OF THE SENATE 220 Personal services 85,392 Operating expenses 21,165 Grants 74,000 Total 180,557 Source of funds General fund 180,557 Sec. 64. Military - army service contract Personal services 857,180 Operating expenses 2,006,700 Total 2,863,880 Source of funds General fund 113,598 Federal funds 2,750,282 Total 2,863,880 Sec. 65. Military - air service contract Personal services 2,450,062 Operating expenses 577,792 Total 3,027,854 Source of funds General fund 232,123 Federal funds 2,795,731 Total 3,027,854 Sec. 66. Military - building maintenance Personal services 484,999 Operating expenses 142,498 Total 627,497 Source of funds General fund 627,497 Sec. 67. Labor and Industry Personal services 3,747,417 Operating expenses 1,040,000 Total 4,787,417 Source of funds General fund 673,773 Federal funds 459,393 221 SATURDAY, MAY 15, 1999 Special funds 3,602,251 Interdepartmental transfer 52,000 Total 4,787,417 (a) Of the $3,602,251.00 appropriated from special funds, $200,000.00 is appropriated for the purpose of information technology equipment, software and implementation costs, and is contingent upon approval of an information technology plan by the chief information officer. (b) The establishment of two (2) new classified positions – one (1) Fire Prevention Officer, Inspector and one (1) Fire Prevention Officer, Trainer - is authorized in fiscal year 2000. Sec. 68. Criminal justice training council Personal services 616,662 Operating expenses 152,460 Total 769,122 Source of funds General fund 121,917 Transportation fund 339,807 Special funds 199,398 Interdepartmental transfer 108,000 Total 769,122 Sec. 69. Liquor control - enforcement and licensing Personal services 1,340,163 Operating expenses 359,657 Total 1,699,820 Source of funds Federal funds 36,888 Tobacco funds 300,000 Enterprise funds 1,322,932 Interdepartmental transfer 40,000 Total 1,699,820 (a) The establishment of four (4) new classified positions - one (1) Enforcement Supervisor, two (2) Investigator, and one (1) Clerk C - is authorized in fiscal year 2000. Sec. 70. Liquor control – administration Personal services 1,393,268 Operating expenses 717,005 Total 2,110,273

JOURNAL OF THE SENATE 222 Source of funds Enterprise funds 2,110,273 Sec. 71. Vermont racing commission Personal services 6,503 Operating expenses 10,695 Total 17,198 Source of funds Special funds 17,198 Sec. 72. Secretary of state Personal services 2,150,359 Operating expenses 809,697 Total 2,960,056 Source of funds General fund 816,446 Special funds 2,068,610 Interdepartmental transfer 75,000 Total 2,960,056 (a) The establishment of two (2) new classified positions - one (1) Campaign Finance Administrator and one (1) Data Clerk Typist - is authorized in fiscal year 2000. (b) The conversion of one (1) limited service position - Licensing Board Inspector - to a new classified position is authorized in fiscal year 2000. Sec. 73. Medical practice board Personal services 436,390 Operating expenses 105,168 Total 541,558 Source of funds Special funds 541,558 Sec. 74. Banking, insurance, securities, and health care administration - administration Personal services 483,453 Operating expenses 19,000 Total 502,453 Source of funds Special funds 502,453 223 SATURDAY, MAY 15, 1999 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Secretary C - is authorized in fiscal year 2000. (b) The establishment of one (1) new classified position - Information Technology Specialist II - is authorized in fiscal year 2000. Sec. 75. Banking, insurance, securities, and health care administration - banking Personal services 933,779 Operating expenses 301,135 Total 1,234,914 Source of funds Special funds 1,234,914 Sec. 76. Banking, insurance, securities, and health care administration - insurance Personal services 2,519,836 Operating expenses 482,740 Total 3,002,576 Source of funds Special funds 3,002,576 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Program Services Clerk - is authorized in fiscal year 2000. Sec. 77. Banking, insurance, securities, and health care administration - securities Personal services 289,463 Operating expenses 104,933 Total 394,396 Source of funds Special funds 394,396 (a) The establishment of one (1) new classified position - Securities Examiner - is authorized in fiscal year 2000. Sec. 78. Banking, insurance, securities, and health care administration - captive Personal services 984,499 Operating expenses 234,170 Total 1,218,669

JOURNAL OF THE SENATE 224 Source of funds Special funds 1,218,669 (a) The establishment of one (1) new classified position - Insurance Examiner - is authorized in fiscal year 2000. Sec. 79. Banking, insurance, securities, and health care administration - health care administration Personal services 1,960,500 Operating expenses 331,965 Total 2,292,465 Source of funds General fund 525,932 Special funds 1,766,533 Total 2,292,465 Sec. 80. Public safety - state police Personal services 23,201,011 Operating expenses 4,887,366 Grants 572,100 Other 135,700 Total 28,796,177 Source of funds General fund 6,363,436 Transportation fund 18,157,462 Federal funds 2,084,119 Special funds 1,555,169 Interdepartmental transfer 635,991 Total 28,796,177 (a) Of the above appropriation, $1,080,435.00 shall be expended for police cruisers for field duty work and $22,000.00 shall be available for snowmobile law enforcement activities. (b) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Account Clerk B - is authorized in fiscal year 2000. (c) Of the above appropriation, $25,000.00 shall be used to provide clerical assistance to any state police office providing no dispatch services and recording over 5,000 incidents per year. The dispatch services at the Vermont State Police Shaftsbury field station shall not be consolidated with other dispatch services in another location in the state until the essential nondispatch 225 SATURDAY, MAY 15, 1999 services currently being provided by the dispatchers at the Shaftsbury field station are replaced. Sec. 81. Public safety - criminal justice services Personal services 4,264,802 Operating expenses 2,663,425 Grants 1,168,000 Total 8,096,227 Source of funds General fund 25,000 Transportation fund 2,903,659 Federal funds 2,892,367 Special funds 1,734,081 Interdepartmental transfer 541,120 Total 8,096,227 (a) The Vermont center for justice research is designated as the state's instrumentality to receive statistical analysis center federal funds. (b) The department of public safety shall provide business manager services for the Vermont criminal justice training council. (c) Of the above appropriation, $575,000.00 shall be used for DUI enforcement at the local level. (d) The above universal service fund appropriation shall be limited for use to support activities directly related to enhanced 911 call taking. (e) The establishment of one (1) new classified position - Coordinator of Alcohol Traffic Safety Programs - authorized in fiscal year 2000. Sec. 82. 30 V.S.A. § 7054(e)(4) is added to read: (e) Disbursements may be made for: * * * (4) Costs solely attributable to statewide public safety answering point operations. Sec. 83. Public safety - emergency management Personal services 947,151 Operating expenses 490,714 Grants 477,300 Total 1,915,165 Source of funds General fund 132,298

JOURNAL OF THE SENATE 226 Transportation fund 68,345 Federal funds 1,269,251 Special funds 445,271 Total 1,915,165 (a) The establishment of two (2) new classified positions - one (1) Hazardous Materials Coordinator and one (1) State Hazard Mitigation Officer - is authorized in fiscal year 2000. Sec. 84. Agriculture, food and markets - administration Personal services 552,602 Operating expenses 85,402 Grants 268,871 Total 906,875 Source of funds General fund 708,594 Special funds 74,210 Interdepartmental transfer 124,071 Total 906,875 (a) The commissioner of agriculture, food and markets is authorized to participate in the Northeast States Agricultural Stewardship Program for the development of agricultural policy. Sec. 85. Agriculture, food and markets - agriculture development Personal services 431,818 Operating expenses 120,735 Other 321,173 Total 873,726 Source of funds General fund 415,890 Special funds 407,836 Interdepartmental transfer 50,000 Total 873,726 Sec. 86. Agriculture, food and markets - animal and dairy Personal services 1,255,513 Operating expenses 254,001 Grants 4,492 Total 1,514,006 227 SATURDAY, MAY 15, 1999 Source of funds General fund 962,044 Federal funds 503,622 Special funds 43,340 Interdepartmental transfer 5,000 Total 1,514,006 Sec. 87. Agriculture, food and markets - plant industry, labs and consumer assurance Personal services 1,792,659 Operating expenses 406,087 Total 2,198,746 Source of funds General fund 663,595 Transportation fund 43,082 Federal funds 298,737 Special funds 1,048,359 Interdepartmental transfer 144,973 Total 2,198,746 Sec. 88. Agriculture, food and markets - state stipend Grants 125,000 Source of funds General funds 125,000 Sec. 89. Agriculture, food and markets - mosquito control Grants 90,000 Source of funds Special funds 90,000 Sec. 90. Public service - regulation and energy Personal services 3,576,361 Operating expenses 694,641 Grants 290,000 Total 4,561,002 Source of funds Federal funds 665,197 Special funds 3,870,805 Interdepartmental transfer 25,000 Total 4,561,002

JOURNAL OF THE SENATE 228 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new exempt position - Attorney - is authorized in fiscal year 2000. Sec. 91. Public service - purchase and sale of power Personal services 7,213 Operating expenses 370 Total 7,583 Source of funds Special funds 7,583 Sec. 92. Enhanced 9-1-1 Board Personal services 1,953,059 Operating expenses 133,340 Total 2,086,399 Source of funds Special funds 2,086,399 (a) The establishment of three (3) new classified positions - one (1) E-911 Assistant Database Administrator, one (1) E-911 Systems Administrator/engineer and one (1) GIS Technician - is authorized in fiscal year 2000. (b) Notwithstanding any other provision of law, no other agency of state government may spend funds appropriated by this act for the purpose of requiring any individual to disclose any enhanced 911 address related to such individual, provided that the individual furnishes an alternative mailing address. Sec. 93. Public service board Personal services 1,937,800 Operating expenses 285,000 Total 2,222,800 Source of funds Special funds 2,222,800 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Secretary B - is authorized in fiscal year 2000. Sec. 94. Judiciary Personal services 17,272,500 Operating expenses 2,724,500 Other 2,000 229 SATURDAY, MAY 15, 1999 Total 19,999,000 Source of funds General fund 15,254,387 Transportation fund 2,926,073 Federal funds 127,000 Interdepartmental transfer 1,691,540 Total 19,999,000 (a) The establishment of one (1) new exempt position - Systems Developer III - is authorized in fiscal year 2000. Sec. 95. Human rights commission Personal services 268,874 Operating expenses 26,956 Total 295,830 Source of funds General fund 250,341 Federal funds 45,488 Special funds 1 Total 295,830 Sec. 96. Vermont radiological emergency response plan fund Other 300,000 Source of funds Special funds 300,000 Sec. 97. Vermont fire service training council Personal services 469,333 Operating expenses 271,903 Total 741,236 Source of funds General fund 59,688 Transportation fund 95,000 Federal funds 155,248 Special funds 323,000 Interdepartmental transfer 108,300 Total 741,236 (a) The following positions are authorized to replace ongoing temporary services. The establishment of two (2) new classified positions - one (1) Fire Service Training Site Coordinator and one (1) Data Clerk - is authorized in fiscal year 2000.

JOURNAL OF THE SENATE 230 Sec. 98. Total protection to persons and 127,729,834 property Source of funds General fund 43,319,943 Transportation fund 26,593,767 Federal funds 17,552,150 Special funds 30,922,592 Tobacco funds 490,000 Enterprise funds 3,433,205 Interdepartmental transfer 5,418,177 Total 127,729,834 Sec. 99. Human services - agency of human services - central office Personal services 2,789,655 Operating expenses 944,397 Grants 5,612,448 Total 9,346,500 Source of funds General fund 3,580,070 Federal funds 5,025,804 Special funds 740,626 Total 9,346,500 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Vermont Prevention Institute Team Director - is authorized in fiscal year 2000. (b) The amount included in grants allocated for Parents Anonymous is hereinafter allocated to the organization referred to as Prevent Child Abuse - Vermont. (c) The establishment of one (1) new exempt position - Staff Attorney III - is authorized in fiscal year 2000. Sec. 100. IMPROVING OUTCOMES THROUGH STATE AND COMMUNITY PARTNERSHIPS (a) The general assembly supports and encourages the collaborative, reciprocal ventures undertaken by the agency of human services, the department of education, the University of Vermont and their community partners in order to improve the lifelong well-being of all Vermonters. It creates a research partnership among the parties to study and improve the 231 SATURDAY, MAY 15, 1999 effectiveness of this collaborative work and gives permission for this research to be cooperatively funded by the partners. (b) Outcomes related to the well-being of Vermonters shall be studied and reported for at least the following areas: Pregnant women and newborns thrive, infants and children thrive, children are ready for school, children are successful in school, children live in stable and supported families, youth choose healthy behaviors, youth successfully transition to adulthood, families, youth and citizens are engaged in and contribute to their community’s decisions and activities, families and individuals live in safe and supportive communities, and elders and people with disabilities live with dignity and independence in settings they prefer. (c) On or before February 15 of each year, the secretary of the agency of human services and the commissioner of education shall file a written report with the general assembly regarding the development and accomplishments of state and regional partnerships, the status of outcomes on a state and local level, and the findings of research undertaken. The secretary and commissioner shall also make recommendations for improving existing state, regional and local partnerships based on the outcome research data. Sec. 101. Rate Setting Personal services 525,813 Operating expenses 60,250 Total 586,063 Source of funds Interdepartmental transfer 586,063 Sec. 102. Human services board Personal services 204,860 Operating expenses 26,109 Total 230,969 Source of funds General fund 84,298 Federal funds 124,171 Interdepartmental transfer 22,500 Total 230,969 Sec. 103. Corrections – administration Personal services 1,237,946 Operating expenses 352,087 Grants 3,511,330 Total 5,101,363 Source of funds

JOURNAL OF THE SENATE 232 General fund 1,501,363 233 SATURDAY, MAY 15, 1999 Federal funds 3,550,000 Special funds 50,000 Total 5,101,363 (a) Vermont correctional industries is authorized to develop prison industry enhancement projects, as permitted in the Federal Justice Assistance Act of 1984 (P.L. 98-473). No appropriation is authorized for these purposes. (b) The following positions are authorized to replace ongoing contractual services. The establishment of two (2) new classified positions – Information Technology Specialist - is authorized in fiscal year 2000. Sec. 104. Corrections - parole board Personal services 154,611 Operating expenses 64,555 Total 219,166 Source of funds General fund 219,166 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Secretary B - is authorized in fiscal year 2000. Sec. 105. Corrections - corrections services Personal services 41,645,364 Operating expenses 18,541,365 Grants 150,000 Total 60,336,729 Source of funds General fund 57,734,246 Transportation fund 1,343,011 Federal funds 508,587 Special funds 274,500 Interdepartmental transfer 476,385 Total 60,336,729 (a) The following positions are authorized to replace ongoing temporary and contractual services. The establishment of three (3) new classified positions - one (1) Secretary B, one (1) Domestic Abuse Chief, one (1) Volunteer Services Coordinator, and one (1) new exempt position - Assistant Attorney General - is authorized in fiscal year 2000. (b) The establishment of forty-nine (49) new classified positions - six (6) Correctional Officer III, ten (10) Corrections Services Specialist II, one (1) Corrections Services Manager, seventeen (17) Correctional Officer II, one (1)

JOURNAL OF THE SENATE 234 Living Unit Coordinator, nine (9) Correctional Officer I, one (1) Administrative Assistant A, one (1) Secretary C, and three (3) Foreman B - is authorized in fiscal year 2000. (c) The department of corrections shall study and report to the general assembly by January 15, 2000 all options which address the development of supervised community capacity that will attenuate the state’s increasing reliance on secure correctional facility beds. (d) The department of corrections shall have a residential treatment program for female offenders which provides a full range of appropriate treatment options comparable to those available to male offenders. This program shall be in place no later than January 1, 2000. Sec. 106. Corrections – correctional facilities Special fund Personal services 138,715 Operating expenses 276,900 Total 415,615 Source of funds Special funds 415,615 (a) The following positions are authorized to replace ongoing contractual services. The establishment of eight (8) new classified positions - Recreation Coordinator - is authorized in fiscal year 2000. (b) In counties in which ten or more furloughed inmates reside, the department of corrections shall maintain a supervisory presence in such counties for those inmates. Such supervisory presence shall be maintained in such counties a minimum of 40 hours per week, and shall be staffed by one or more furlough personnel at the correctional officer III level or higher. Sec. 107. Corrections – correctional education Personal services 1,904,104 Operating expenses 357,925 Total 2,262,029 Source of funds General fund 1,958,244 Interdepartmental transfer 303,785 Total 2,262,029 (a) The establishment of two (2) new classified positions - Correctional Instructor - is authorized in fiscal year 2000. 235 SATURDAY, MAY 15, 1999 Sec. 108. Corrections – Vermont correctional industries Personal services 945,610 Operating expenses 802,100 Total 1,747,710 Source of funds Internal service funds 1,747,710 Sec. 109. Developmental disabilities council Personal services 104,852 Operating expenses 33,498 Other 264,743 Total 403,093 Source of funds Federal funds 403,093 Sec. 110. Health – administration and support Personal services 2,241,733 Operating expenses 788,000 Total 3,029,733 Source of funds General fund 1,183,354 Federal funds 1,809,512 Special funds 17,767 Interdepartmental transfer 19,100 Total 3,029,733 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Staff Assistant - is authorized in fiscal year 2000. Sec. 111. Health – health protection Personal services 2,651,050 Operating expenses 656,600 Grants 120,000 Total 3,427,650 Source of funds General fund 1,424,915 Federal funds 1,126,735 Special funds 756,000 Interdepartmental transfer 120,000 Total 3,427,650

JOURNAL OF THE SENATE 236 (a) The following positions are authorized to replace ongoing contractual services. The establishment of two (2) new classified positions - one (1) Business Manager B, and one (1) Lead Control Program Specialist - is authorized in fiscal year 2000. Sec. 112. Health – health surveillance Personal services 4,035,099 Operating expenses 1,551,010 Grants 1,907,153 Total 7,493,262 Source of funds General fund 3,235,987 Federal funds 3,440,175 Special funds 771,700 Interdepartmental transfer 35,400 Expendable trust 10,000 Total 7,493,262 (a) The following positions are authorized to replace ongoing contractual services. The establishment of eight (8) new classified positions - two (2) Health Surveillance Biostatistician, one (1) Certified Cancer Registrar, one (1) AIDS Medication Assistant Coordinator, one (1) AIDS Special Projects Coordinator, two (2) AIDS Prevention Specialist, and one (1) AIDS Training and Technical Assistance Coordinator - is authorized in fiscal year 2000. (b) The establishment of three (3) new classified positions - one (1) Public Health Physician, one (1) Microbiologist B, and one (1) Data Entry Operator - is authorized in fiscal year 2000. (c) Of the above general fund appropriation, $300,000.00 shall be allocated through the AIDS services program for community-based support services to persons living with HIV/AIDS in every county provided by AIDS services organizations, at least 75 percent of whose program is HIV/AIDS services and/or prevention. (d) Of the above federal fund appropriation, $123,653.00 shall be allocated as follows: $40,000.00 shall be allocated to the University of Vermont comprehensive care clinic and $83,653.00 shall be allocated to community- based support services to persons living with HIV/AIDS in every county provided by AIDS services organizations, at least 75 percent of whose program is HIV/AIDS services and/or prevention. (e) Of the above federal fund appropriation, $590,300.00 shall be allocated for community-based HIV prevention activities provided by nonprofit agencies in every county. 237 SATURDAY, MAY 15, 1999 Sec. 113. HIV/AIDS MEDICAL ASSISTANCE PROGRAM (a) $200,000.00 of the general fund appropriation in Sec. 112 of this act 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 the persons with AIDS coalition 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 continue to convene an AMAP advisory committee comprised of no less than 50 percent members who are living with HIV. The committee shall make recommendations regarding the program's formulary of approved medications, related laboratory testing, nutritional supplements and eligibility for the program. Sec. 114. Health – health improvement Personal services 2,832,911 Operating expenses 789,400 Grants 5,501,682 Other 500,000 Total 9,623,993 Source of funds General fund 2,313,607 Federal funds 5,775,036 Special funds 411,266 Tobacco funds 960,584 Interdepartmental transfer 163,500 Total 9,623,993 (a) The department of health may carry forward any unspent portion of funds designated for primary care 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 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.

JOURNAL OF THE SENATE 238 (b) The following positions are authorized to replace ongoing contractual services. The establishment of ten (10) new classified positions - four (4) Medical Social Worker, one (1) Public Health Nutrition Specialist, one (1) Administrative Assistant B, one (1) Family, Infant, and Toddler Program Chief, one (1) Public Health Specialist, and two (2) Secretary C - is authorized in fiscal year 2000. (c) The establishment of one (1) new classified position - Public Health Nutrition Specialist - is authorized in fiscal year 2000. (d) Of the above tobacco settlement fund appropriation, $500,000.00 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. (e) A portion of the above tobacco fund appropriation is to supplement the Robert Wood Johnson foundation grant and shall be used to develop an early education program which incorporates creative approaches to promoting appropriate lifelong health habits, including information on the dangers of tobacco use. (f) The department of health shall devote tobacco prevention funds to the development of an awareness and education campaign targeted at young women to inform them about risks to the fetus associated with maternal smoking and exposure to secondhand smoke during pregnancy. The campaign shall also address that the risk to infants is associated with exposure to secondhand smoke during infancy and how smoking behavior effects an increased incidence of Sudden Infant Death Syndrome (SIDS). Sec. 115. Health – community public health Personal services 7,904,743 Operating expenses 1,369,879 Grants 2,873,950 Other 6,613,000 Total 18,761,572 Source of funds General fund 3,614,362 Federal funds 14,765,710 Special funds 264,500 Interdepartmental transfer 117,000 Total 18,761,572 239 SATURDAY, MAY 15, 1999 (a) The following positions are authorized to replace ongoing contractual services. The establishment of twenty (20) new classified positions - one (1) Public Health Nursing Specialist, sixteen (16) Public Health Nurse, one (1) WIC Program Specialist, and two (2) Data Clerk - is authorized in fiscal year 2000. Sec. 116. Health - alcohol and drug abuse programs Personal services 2,657,433 Operating expenses 494,958 Grants 8,854,000 Total 12,006,391 Source of funds General fund 2,826,493 Federal funds 8,504,798 Special funds 605,100 Interdepartmental transfer 70,000 Total 12,006,391 (a) The following positions are authorized to replace ongoing contractual services. The establishment of six (6) new classified positions - one (1) Secretary C, one (1) Secretary B, two (2) Substance Abuse Program Specialist, one (1) Grants Administrator, and one (1) Program Services Clerk - is authorized in fiscal year 2000. Sec. 117. Social welfare - administration Personal services 24,641,992 Operating expenses 12,496,021 Grants 5,249,538 Total 42,387,551 Source of funds General fund 12,791,609 Federal funds 25,462,365 Special funds 3,636,361 Tobacco funds 497,216 Total 42,387,551 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - District Office Clerk – is authorized in fiscal year 2000. (b) The establishment of five (5) new classified positions - one (1) Organization and Operations Analyst B, one (1) Senior Research and Statistics Analyst, two (2) Program Service Clerk and one (1) Accountant C - is authorized in fiscal year 2000.

JOURNAL OF THE SENATE 240 (c) Of the above appropriation, $50,000.00 is allocated to provide ombudsman services for enrollees in the health care assistance programs administered by the department of social welfare. Sec. 118. Social welfare – aid to needy families with children Grants 43,531,324 Source of funds General fund 16,217,899 Federal funds 25,113,425 Special funds 2,200,000 Total 43,531,324 (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 ANFC grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision. (b) Of the above appropriation $1,330,000 shall be expended to provide an ANFC special needs allowance for eligible families whose actually incurred allowable housing expenses exceed the maximum monthly allowances specified in the Welfare Assistance Manual section for the ANFC program titled “Housing Allowance – Eligibility Standards”. This special needs allowance shall be applied as follows. Families whose actually incurred allowable housing expenses exceed the applicable maximum monthly allowance by at least $90.00 will receive, as part of their ANFC benefit, a housing-cost-based special needs allowance of $90.00, ratably reduced. Families whose actually incurred allowable housing expenses exceed the applicable maximum monthly allowance by less than $90.00 will receive, as part of their ANFC benefit, a housing-cost-based special needs allowance of the difference between their actually incurred allowable housing expenses and the applicable maximum monthly housing allowance, ratably reduced. Sec. 118a. Sec. 120 of No. 147 of the Acts of 1998, as amended by Sec. 35 of No. 1 of the Acts of 1999, is further amended to read: Sec. 120. Social welfare - aid to needy families with children Grants 44,876,340 45,101,340 Source of Funds General fund 16,217,899 16,442,899 241 SATURDAY, MAY 15, 1999 Federal funds 26,558,441 26,558,441 Special funds 2,100,000 2,100,000 Total 44,876,340 45,101,340 (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 ANFC grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision. (b) Of the above appropriation $225,000.00 general funds and $875,000.00 federal funds shall be available for state match of the federal job access reverse commute grant. (c) The agency of transportation which shall act as the lead agency in cooperation with the agency of human services, agency of commerce and community development and the department of employment and training shall establish a permanent interagency working group for the purposes of developing and implementing a job access and reverse commute transportation plan as is required under federal law, as well as for statewide interagency coordination of public transit services. This interagency working group shall work in cooperation with public transit providers and others in developing the job access and reverse commute program and in developing an integrated public transit system. Consistent with conditions of the grant, the interagency working group shall continue to seek alternatives to the existing state general fund and federal TANF funds as a match for this federal grant. In addition to any federal requirements for implementing a job access and reverse commute transportation plan, the agency of transportation shall ensure: (1) that the new services under this program are currently not being provided by transit providers under 24 V.S.A. § 5090, or Rideshare-Ridematch programs, (2) that ridership surveys of the service population support the proposed additional service, (3) that providers are able to implement their projects upon funding, including being able to cash-expend their grant award during the appropriate fiscal year, (4) any requests for capital assistance shall be evaluated by the public transit section of the agency of transportation in coordination with the department of employment and training and the agency of human services.

JOURNAL OF THE SENATE 242 (d) The agency of transportation with the cooperation of the interagency working group shall submit an annual report to the house and senate committees on appropriations, health and welfare and transportation. The report shall provide an overview of the services provided under the job access/reverse commute program. Such report shall include but not be limited to information regarding ridership numbers of the intended population to be served, total ridership numbers, and employers providing jobs to the individuals receiving services under this program. (e) Upon completion of the second year of the program authorized under this section, the agency of transportation shall make recommendations to the general assembly regarding continuation of any services upon the conclusion of the job access/reverse commute program. Such recommendation shall be based in part upon an agency of transportation examination of the number of job access/reverse commute individuals receiving services under this section on each transit route. The agency in making its recommendation for continuation of service shall consider the state transit policy plan, distribution of existing public transit resources and levels of existing service other than the program under this section. Sec. 119. Sec. 10(f) of Act No. 106 of the Acts of 1994 is added to read: (f) Notwithstanding any other provision of law, a parent who is the able- bodied primary wage earner in a participating two-parent family subject to a work requirement in accordance with this section must be engaged in paid unsubsidized employment at least 40 hours per week or participate satisfactorily in the Reach Up program activities specified in subdivisions (1) through (3) of this subsection. Such a parent who fails, without good cause, to meet this requirement shall be subject to the sanctions applied to other failures to comply with Reach Up program requirements without good cause. (1) Community work experience for 40 hours per week (or a lesser amount that, in combination with the parent's unsubsidized paid employment, equals 40 hours per week) during the first calendar month through the 14th calendar month for which ANFC benefits are received, unless required to participate in job search, as specified in subdivision (2) of this subsection. When the weekly amount of the monthly ANFC and food stamp benefits for a family of the same size with no income divided by Vermont's minimum wage is less than 39.5, the required number of hours per week shall be adjusted accordingly. (2) Job search for 40 hours per week (or a lesser amount that, in combination with the parent's unsubsidized paid employment, equals 40 hours per week) during the periods specified below: 243 SATURDAY, MAY 15, 1999 (A) the period of two weeks immediately following the family's application for benefits, or reapplication for benefits following a period of nonreceipt lasting at least 30 days, or during the period a decision on application or reapplication is pending, whichever period ends later; (B) the first two weeks of the fifth and tenth calendar months for which ANFC benefits are received; (C) the 15th calendar month for which ANFC benefits are received; and (D) the two weeks following the loss, with good cause, of unsubsidized paid employment. (3) Community service employment for 40 hours per week, community work experience for 40 hours per week, job search for 40 hours per week, other paid work activities, or any combination of these activities, as deemed appropriate by the department of social welfare or its designee, that equals 40 hours per week, or a lesser amount that, in combination with the parent's unsubsidized paid employment, equals 40 hours per week, during any calendar month subsequent to the 15th calendar month of ANFC receipt. When the weekly amount of the monthly ANFC and food stamps benefits for a family of the same size with no income divided by Vermont's minimum wage is less than 39.5, the required number of hours per week shall be adjusted accordingly. Sec. 120. Social welfare - aid to aged, blind and disabled Grants 9,967,628 Source of funds General fund 9,967,628 (a) Of the above general fund appropriation, $450,000.00 shall be used to provide a five percent increase in the monthly AABD state supplement to federal Supplemental Security Income (SSI) benefits for SSI/AABD recipients residing in all living arrangements except long-term care facilities and an increase of $2.25 in the monthly AABD state supplement for SSI/AABD recipients residing in long-term care facilities. This AABD benefit increase shall result in an increase, from $45.00 to $47.25, in the monthly personal needs allowance retained by SSI recipients who reside in residential care homes and long-term care facilities. This increase in the AABD state supplement and the increase in the personal needs allowance shall be effective on July 1, 1999, or the first day of the earliest calendar month in which the federal Social Security Administration can implement such AABD increase, whichever is later.

JOURNAL OF THE SENATE 244 Sec. 121. Social welfare – Medicaid Grants 340,845,606 Source of funds General fund 72,442,463 Federal funds 212,475,462 Special funds 40,945,620 Tobacco funds 14,982,061 Total 340,845,606 (a) Notwithstanding other provisions of law, the commissioner shall have the authority to establish by rule, program premiums and cost-sharing requirements for individuals and households eligible for medical assistance under either the provisions of Title XIX or Title XXI of the Social Security Act, whichever is applicable. Program premiums and cost-sharing requirements may be adjusted periodically by rule based on inflation or program changes. (b) HIV/AIDS HEALTH INSURANCE ASSISTANCE PROGRAM (1) The department of social welfare, 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 social welfare, do not exceed $10,000.00. (4) Expenditures under this program shall not exceed $55,000.00 in fiscal year 2000. (c) Of the above general fund appropriation, $25,000.00 shall be used to provide a five percent increase in the personal needs allowance retained by Vermont Medicaid beneficiaries who live in a long-term care facility and who are not recipients of SSI/AABD benefits. This five percent increase results in the monthly personal needs allowance increasing from $45.00 to $47.25. This increase in the Medicaid personal needs allowance shall be effective on the same date as the five percent increase in the AABD state supplement is effective. 245 SATURDAY, MAY 15, 1999 (d) Of the above general fund, $308,587.00 shall be used for the expansion of the VScript program as amended in Sec. 122 and Sec. 123 of this bill. The department shall seek to minimize the use of state funds through rebates with pharmaceutical manufacturers. The department shall begin enrollment of eligible Vermonters on December 1, 1999 and shall provide benefits to enrolled individuals as of January 1, 2000. (e) The rules for Medicaid payments for nursing homes shall be amended, effective January 1, 1999, to raise the limit on recognition of base year indirect per diem costs to 137 percent of the median of base year indirect per diem costs of all private nursing homes participating in the Vermont Medicaid program, for hospital-based nursing homes that meet all of the following criteria on the date of passage of this act: (1) are physically integrated as part of a hospital building with at least one common wall and a direct internal access between the hospital and the nursing home; (2) are part of a single corporation that governs both the hospital and the nursing home; and (3) file one Medicare cost report for both the hospital and the nursing home. Notwithstanding any other provision of law, annually the estimated additional cost of this increased limit on indirect costs for hospital-based nursing facilities as defined herein shall be deducted from the inflation factor adjustments to Medicaid payment rates for all nursing homes. (f) Notwithstanding any other provisions of law, this rule change in subsection (e) shall be adopted as soon as practicable after passage of this act and shall be exempt from the procedural requirements of 3 V.S.A. chapter 25, except that the agency of human services shall make reasonable efforts to ensure that the change is made known to persons who may be affected by it. The required rule change shall stay in effect for two years from its effective date or until such time as it is amended pursuant to 3 V.S.A. chapter 25, whichever is later. (g) Of the above general fund appropriation, $50,000.00 shall be used to add over-the-counter and prescription smoking cessation products, with a limit of two treatment regimes per calendar year, as a covered benefit for traditional Medicaid and Vermont Health Access Plan (uninsured) beneficiaries. These funds shall be matched with available federal funds. (h) Of the above special funds, $46,000.00 shall be used to extend Medicaid eligibility to disabled workers in families whose income is less than 250 percent of the federal poverty level and who would be considered to be receiving supplemental security income (SSI) except for earnings in excess of SSI income limits or, subsequent to initial Medicaid eligibility, assets in excess of SSI limits that are attributable to savings from earnings. In addition, up to $500.00 per month of the disabled worker’s Social Security disability

JOURNAL OF THE SENATE 246 insurance payments shall be disregarded in the Medicaid eligibility determination. The commissioner shall have the authority to establish program premiums and other cost-sharing charges by rule for such coverage. These funds shall be matched with available federal funds. (i) Of the above general fund appropriation, $114,000.00 shall be used to add analog hearing aids, batteries, repairs and audiological examinations as covered benefits for traditional Medicaid beneficiaries. If determined to be cost-effective, such analog hearing aids shall be provided through a single - source contractor. These funds shall be matched with available federal funds. (j) Of the above appropriation, $46,000.00 shall be used to expand vision benefits to Medicare eligible individuals enrolled in the Vermont health access plan. The department shall seek to maximize federal funds for this program. This expansion shall be effective when the amended state plan receives approval from HCFA. Sec. 122. 18 V.S.A. § 251(3) is amended to read: For purposes of this chapter: * * * (3) "Drug" means a drug that may not be dispensed unless prescribed by a licensed physician health care provider as defined by section 9402(6) of this title acting within the scope of the provider’s license. A drug shall always be the lowest cost brand available to the pharmacist unless the physician health care provider writing the prescription specifies otherwise. The term includes insulin, an insulin syringe and an insulin needle. The term excludes: (A) a drug determined less than effective under the federal Food, Drug and Cosmetics Act; (B) a drug within therapeutic classifications primarily associated with the treatment of acute medical conditions; and (C) a central nervous system agent other than: (i) agents used for treatment of convulsive disorders; (ii) non-steroidal anti-inflammatory agents for arthritis; and (iii) agents used primarily for control of psychotic conditions diagnosed under current classifications of the Diagnostic Statistical Manual. Sec. 123. 18 V.S.A. § 252 is amended to read: § 252. PHARMACEUTICAL ASSISTANCE TO ELDERLY AND DISABLED VERMONTERS; PROGRAM ESTABLISHED 247 SATURDAY, MAY 15, 1999 (a) A pharmaceutical assistance program for elderly and disabled Vermonters is established within the department of social welfare. The program shall be administered by the department which, to the extent funding permits, shall establish application, eligibility, coverage and payment standards. The program shall be designed to provide maximum access to program participants, to incorporate mechanisms that are easily understood and require minimum effort for applicants and pharmacies health care providers, and to promote quality, efficiency and effectiveness through cost controls and utilization review. The department may contract with a fiscal agent for the purpose of processing claims and performing related functions required in the administration of this program. Upon determining that an applicant is eligible under this chapter, the department shall issue an identification form card to the applicant indicating that he or she is eligible to participate in the pharmaceutical assistance program. (b) The department of aging and disabilities shall conduct an education and outreach program to inform elderly and disabled Vermonters of the benefits they may be entitled to pursuant to this chapter and make available information concerning the pharmaceutical assistance program. (d)(c) The department shall adopt by rule standards and criteria needed to carry out the purposes of this chapter, including standards and schedules establishing coverage and exclusion of allowable drugs, allowable charges and maximum quantities of drugs to be dispensed. (d) The department shall report on the status of the pharmaceutical assistance program established by this chapter to the health access oversight committee in accordance with Sec. 13(e) of the Act No. 14 of the Acts and Resolves of the 1995 Session of the general assembly, as amended. (e) Any manufacturer of prescription drugs purchased by persons receiving assistance under this chapter shall pay to the commissioner, as a condition of participation in the program, a rebate in an amount at least as favorable as the rebate paid to the commissioner in connection with the Medicaid program. Sec. 123a. 18 V.S.A. § 253 is amended to read: § 253. ELIGIBILITY (a)(1) A person shall be eligible for assistance under this chapter if: (A) he or she is a resident of Vermont at the time of application for benefits and has been such, continuously, for the 12 months immediately preceding application; (B) he or she is at least 65 years of age or disabled and receives Social Security disability benefits (SSDI), or is a Medicare beneficiary;

JOURNAL OF THE SENATE 248 (C) the person’s household income, when calculated in accordance with the rules adopted for the Vermont health access plan under Act No. 14 of the Acts and Resolves of the 1995 Session of the general assembly, as amended, is no greater than 225 percent of the federal poverty level (2) A person shall be eligible for assistance with prescription drug expenses covered under this chapter upon payment of the cost sharing amount required by section 254 of this title. (c)(b) A person whose prescription drug expenses are paid or reimbursable, either in whole or in part, by any plan of assistance or insurance, other than Title XVIII of the Social Security Act (Medicare), shall not be eligible for pharmaceutical assistance under this chapter. No assistance shall be provided under this chapter with respect to an individual drug purchase that may be covered in whole or in part by Title XVIII of the Social Security Act (Medicare). Sec. 123b. 18 V.S.A. § 254 is amended to read: § 254. CO-PAYMENT; COINSURANCE AND OTHER COST-SHARING; ENROLLMENT (a) Benefits under this chapter shall be subject to payment of a co-payment or coinsurance amount by the recipient in accordance with the provisions of this section: (1) In the case of recipients with income of less than 176 percent of the federal poverty level, such co-payment shall be the same co-payment requirements that exist under the pharmaceutical benefits component of the Vermont health access plan under Act No. 14, Sec. 14(a)(6) of the Acts and Resolves of the 1995 Session of the general assembly, as amended. (2) In the case of recipients whose household income is 176 percent of the federal poverty level or more and no greater than 225 percent of the federal poverty level the coinsurance payment shall be 50 percent of the cost of the drug. (b) Prior to the beginning of each fiscal year, the department shall establish, by rule, the percentage of the charge for a drug to be paid as a co-payment by eligible recipients. The percentage adopted under this section shall be reasonably calculated to insure that the state's obligation to provide benefits under this chapter shall not exceed funds appropriated for the program. (c)(b) A pharmacy shall dispense a drug to an eligible recipient upon payment of the required co-payment or coinsurance amount. The pharmacy shall collect the remainder of the charge for the drug from the department. 249 SATURDAY, MAY 15, 1999 (d)(c) A drug may also be dispensed to an eligible recipient, subject to the required co-payment or coinsurance amount, provided such dispensing is pursuant to and in accordance with any contractual arrangement that the department may enter into or approve for the group discount purchase of drugs. When a person or business located in Vermont and employing citizens of this state has submitted a bid for the group discount purchase of drugs and has not been selected, the commissioner of social welfare shall record the reason for nonselection. The commissioner's report shall be a public record available to any interested person. All bids or quotations shall be kept on file in the commissioner's office and open to public inspection. (e)(d) If in the course of a fiscal year the department determines that expenditures will exceed funds appropriated the department shall, by emergency rule, increase the co-payment to an amount sufficient to insure that expenditures will not exceed appropriations within that fiscal year. The department shall monitor enrollment in the in the pharmaceutical assistance program on a monthly basis, and shall limit enrollment in the program so that expenditures do not exceed the appropriation available for the program in any fiscal year. Sec. 123c. VISION BENEFITS FOR MEDICARE ELIGIBLE VERMONTERS Section 14(a)(6) of Act No. 14 of the Acts and Resolves of the 1995 Session of the General Assembly is amended to read: (6) PHARMACEUTICAL AND VISION BENEFITS A health plan contract The Vermont health access plan shall provide enrollees Vermonters who are Medicare eligible and whose household income meets the income eligibility requirements of nonMedicare eligible beneficiaries full coverage for prescription drugs and vision with the same copayment that categorically Medicaid eligible individuals are required to pay, and coverage for the same vision benefits, including any applicable copayment, and benefit limits provided under the Vermont health access plan to nonMedicare eligible beneficiaries. Sec. 123d. REPEAL Sec. 5 of Act No. 48 of 1989 (annual report) is repealed.

JOURNAL OF THE SENATE 250 Sec. 123e. RECODIFICATION 18 V.S.A. §§ 251, 252, 253, 254, and 255 shall be recodified in the Vermont Statutes Annotated as 33 V.S.A. §§ 1991, 1992, 1993, 1994, and 1995, respectively, as part of a new subchapter 4 of chapter 19 of Title 33. Sec. 124. [Deleted.] Sec. 125. 33 V.S.A. § 1906a is added to read: § 1906a. RECOVERY AGAINST ESTATE; HOMESTEAD EXEMPTION No recovery of medical expenses shall be made under this subchapter against a homestead of modest value; provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. For the purposes of this section, "a homestead of modest value" means a homestead valued at less than $125,000.00. This section shall take effect when the amended state plan is deemed approved by the Health Care Financing Administration (HCFA) pursuant to 42 CFR 430.16. If such approval is received after June 30, 1999 the exemption shall be retroactive and apply to all probate estates opened after June 30, 1999. Sec. 126. 16 V.S.A. § 2959a is added to read: § 2959a. EDUCATION MEDICAID RECEIPTS (a) It is the intent of the general assembly that the state of Vermont shall maximize its receipt of federal Medicaid dollars available for reimbursement of medically-related services provided to students who are Medicaid eligible. It is further the intent that: (1) Each supervisory union identify special education and other students eligible for Medicaid reimbursement and, to the extent possible, submit Medicaid bills for services reimbursement. (2) The department of education and the agency of human services work with local school districts to maximize reimbursements including services to non-IEP students. (b) A Medicaid reimbursement administrative special fund is established within the department of education. Eleven percent of the Medicaid reimbursement funds shall be deposited into the fund. The funds shall be used for agency of human services and department of education administrative costs related to the collection, processing and reporting of education Medicaid reimbursements and statewide programs identified and approved by the 251 SATURDAY, MAY 15, 1999 commissioner of education with the advice of the secretary of human services. The commissioner shall expend monies from the fund only as appropriated by the general assembly. (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 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 § 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. (d) If the amount of Medicaid reimbursement funds received in one fiscal year exceeds $25,000,000, in addition to the 50 percent of said funds paid to supervisory unions submitting Medicaid bills, 25 percent of the amounts in excess of $25,000,000 shall be paid into an incentive fund hereby created in the department of education. These funds shall be used for an incentive payment to supervisory unions with student participation rates of over 80 percent in accordance with a formula to be developed by the department of education, in consultation with the Vermont Superintendents Association. (e) School districts shall utilize funds received under this section 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. (f) Remaining reimbursed funds shall be deposited into the education fund. Sec. 127. 16 V.S.A. § 4025(a)(12) is added to read: (12) Medicaid reimbursement funds pursuant to subsection 2959a(f) of this title. Sec. 128. REPEAL (a) Sec. 14 of No. 155 of the Acts of 1998 (Medicaid reimbursement special fund) is repealed. (b) 16 V.S.A. § 2959a(c), (d) and (e) are repealed on June 30, 2002.

JOURNAL OF THE SENATE 252 Sec. 128a. REPORTS The agency of human services, the department of education and the Vermont Superintendent’s Association shall submit a report in November 1999 and November 2000, to the secretary of administration and the house and senate appropriations and education committees on the use, source and rate of receipt of Medicaid reimbursement funds generated by schools, and any legislative recommendations. Sec. 128b. Sec. 122(f) of No 71 of the Acts of 1998 is amended to read: (f) There is appropriated from the Education Fund to the Department of Education the amount of $250,000.00 $450,000.00 in fiscal year 1999 to establish a contingency fund for use in that fiscal year. A school district may apply to the Commissioner of Education for assistance under this section if the district made incorrect statewide, base year, education tax rate assumptions in building its fiscal year 1999 budget; and the district discovered the assumptions were incorrect after it was too late to correct the information contained in the material presented to the school district electorate. A school district may also receive funds if they can document that the FY 1999 voter- approved budget anticipated greater Medicaid reimbursement revenue under the fee for service billing system in place prior to December 31, 1998 and the participation rate of Medicaid eligible students on individual education plans was at 80 percent or greater as of June 30, 1999. Payments for this purpose shall not exceed $200,000.00 and shall be prorated if necessary. The Commissioner, in his or her discretion, may award funds under this section to eligible school districts demonstrating undue hardship as a result. Sec. 129. Social welfare - general assistance Grants 3,844,762 Source of funds General fund 3,358,441 Federal funds 486,320 Special funds 1 Total 3,844,762 (a) $250,000.00 in federal funds is appropriated to provide 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 , with the following modification. The regulation adopted effective July 1, 1998, shall be modified by adding, as an alternative to the requirement that families in rental housing have received from their landlord a notice of rental termination under 9 V.S.A. § 4467(a), the requirement that families in rental housing have received from 253 SATURDAY, MAY 15, 1999 their landlord a notarized statement indicating the amount of rent owed as of the date of the statement. (b) Assistance under this provision is not an entitlement and shall cease upon expenditure of these allocated funds. (c) Of the above appropriation, an amount not to exceed $50,000.00 in general funds may be expended on a pilot project whose purpose is to provide financial assistance and self-sufficiency services to children who bear children and relinquish such children for adoption. For the purpose of this pilot project, children are defined as individuals who have not attained their 21st birthday; who are eligible for and in receipt of ANFC benefits immediately before they relinquish their children for adoption; and who, as a result of the relinquishment of their children for adoption, are ineligible for ANFC benefits. The pilot project will begin on July 1, 1999, and is expected to end on June 30, 2002. An eligible child’s participation in the pilot project begins when ANFC benefits terminate due to the relinquishment and may continue for up to one year after this date. Acceptance for participation in this pilot project is not an entitlement and shall cease upon expenditure of these allocated funds. Eligibility for participation in this project requires the relinquishing child, as defined above, to: (1) Participate satisfactorily in the Reach Up program by completing the activities included in the individualized family development plan. (2) If the relinquishing child is under 18 years old, reside in the household of a parent, legal guardian, or adult relative; or in an approved living arrangement. For the purpose of this pilot project, the definitions of “adult relative” and “living arrangement” shall be the definitions for these terms found in WAM 2242.31. (3) If the relinquishing child is 18 years old or older, have identified an adult who shall provide strong support to the child in dealing with the consequences of the relinquishment and achieving the goals of the family development plan, who is not in a peer relationship with the child, and who is not the child’s Reach Up case manager. This requirement may be waived upon a finding of good cause. (d) Eligibility for and the amount of the maintenance assistance grant provided under this project will be determined based on ANFC rules. Case management and support services will be provided through the Reach Up program in accordance with the rules established for ANFC-parent participants. These services may continue after termination of the maintenance assistance grant, as long as the relinquishing child’s income does not exceed

JOURNAL OF THE SENATE 254 the Vermont Health Access Plan (VHAP) income test that applies to adults who are not parents and the one-year limit has not been reached. (e) The department shall submit a written report to the general assembly no later than January 15, 2002, or 30 months and 15 days after the program begins, whichever is later. The report shall indicate the number of participants, cost per participant, projected savings, successes, strengths and weaknesses, and recommendations for improvement, so that, by the conclusion of the pilot project, adjustments can be made to improve the project and make it ongoing, or the project can be terminated. Sec. 130. Social welfare - food stamp cash out Grants 4,519,544 Source of funds Federal funds 4,519,544 Sec. 131. Social welfare - home heating fuel assistance/LIHEAP Personal services 118,000 Operating expenses 50,000 Grants 5,629,476 Total 5,797,476 Source of funds Special funds 5,797,476 Sec. 132. SOCIAL WELFARE - 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 programs in fiscal year 2000, and all unexpended LIHEAP funds granted to the state in fiscal year 1999, 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 purposes of a crisis set aside, seasonal home heating fuel assistance through December 31, 1999, 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 1999-2000 crisis set-aside and seasonal home heating fuel 255 SATURDAY, MAY 15, 1999 assistance through December 31, 1999, and LIHEAP funds awarded as of December 31, 1999 for fiscal year 2000 do not exceed $2,550,000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2000. 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, 1999, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund. Sec. 133. THE ADOPTION OF SOCIAL WELFARE RULES (a) The secretary of human services is authorized to adopt rules under the expeditious rule-making procedures provided in this section in order that changes reflected in this act to programs administered by the department of social welfare may be implemented by July 1, 1999. 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, 1999, all rules necessary to do the following: (1) Implement ANFC policies as specified in this act. (2) Exempt all individuals domiciled in the state of Vermont from the implementation of § 115(a) of Public Law 104-193 through June 30, 2000. (3) Repeal language in the Medicaid section of the Welfare Assistance Manual that provides for the termination of the adult dentures benefit for the remainder of the fiscal year when the appropriated amount for this service has been exhausted. (4) Add over-the-counter and prescription smoking cessation products as a covered benefit for traditional Medicaid and VHAP (uninsured) beneficiaries in accordance with this act. (5) Increase the annual Medicaid dental benefit maximum for adults from $400.00 to $475.00 to accommodate dental fee increases and maintain current service levels for beneficiaries. (6) Implement a special needs allowance for families whose actually incurred allowable housing expenses exceed the applicable maximum in accordance with this act and make adjustments to the ANFC combined basic need standards, the ANFC housing allowance maximums, and the proportion (ratable reduction) of these standards and maximums that is paid in the monthly ANFC benefits. (7) Increase AABD benefits in accordance with this act. (8) Increase the personal needs deduction for non-SSI Medicaid beneficiaries residing in long-term care facilities in accordance with this act.

JOURNAL OF THE SENATE 256 (9) Implement a special project within the general assistance program for individuals who relinquish their children for adoption in accordance with this act. (10) Delete language in the Medicaid section of the Welfare Assistance Manual that provides for co-payment requirements for children in households with income that exceeds 225 percent of the federal poverty level but does not exceed 300 percent of the federal poverty level, and modify the regulation to increase premium requirements for these households by $5.00 per month for children without other insurance and $2.00 per month for children with other insurance. (11) Implement policy changes that are consistent with statutory changes made in Sec. 119 of this act and relate to able-bodied primary-wage- earner parents in two-parent families subject to a work requirement as follows: discontinue the substitution of a second parent’s Reach Up participation for the primary wage earner’s fulfillment of his or her work and participation requirements; under specified conditions, authorize other Reach Up activities as a substitute, on an hour-for-hour basis, for job search or community work experience; add a self-employment schedule for primary wage earners that complies with the work and participation requirements in Sec. 119; and remove obsolete references to the JOBS program. (12) Add analog hearing aids, batteries, repairs and audiological examinations as covered services for traditional Medicaid beneficiaries. (13) Add assistive community care services provided by licensed Level III residential care homes that have been enrolled in Medicaid as Private Non- Medical Institutions as a Medicaid-covered service for traditional Medicaid beneficiaries residing in such a residential care home. (14) Modify Medicaid estate recovery policy in accordance with this act. (15) Add to the VHAP pharmaceutical benefit for Medicare-eligible enrollees coverage of vision services with the same benefit limits for such services that apply to non-Medicare-eligible VHAP enrollees. (b) Such rules may be adopted by filing them in final 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 the 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 15 days or by June 25, 1999, whichever is sooner. Rules so adopted may be effective as soon as five 257 SATURDAY, MAY 15, 1999 days after adoption and 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. (c) Two agency of human services-filed rules, 99P008 Changes in SSI/AABD Living Arrangements for Residential Care Homes (DSW Bulletin 99- 9) and 99P009 Establishment of the Primary Care Case Management (PCCM) Program (DSW Bulletin 99-8), shall be held harmless from the impact of H.83, enacted in 1999, as specified herein. Notwithstanding any other provision of law, as long as the agency of human services files these rules in final form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841 no later than May 17, 1999, 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 by June 28, 1999. These rules may be effective on July 1, 1999, or upon adoption, whichever is later, and have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25 and may supercede or amend existing rules. The secretary of human services’ filing of these rules with the secretary of state in accordance with the provisions of this subsection 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. 134. Office of economic opportunity Personal services 613,487 Operating expenses 95,744 Grants 9,099,416 Total 9,808,647 Source of funds General fund 752,049 Federal funds 4,376,788 Special funds 4,312,598 Interdepartmental transfer 367,212 Total 9,808,647 (a) Of the above general fund appropriation, $500,000.00 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

JOURNAL OF THE SENATE 258 decisions shall be made with assistance from the coalition of homeless Vermonters. Sec. 135. Office of child support services Personal services 5,835,623 Operating expenses 1,985,879 Other 900,000 Total 8,721,502 Source of funds General fund 834,126 Federal funds 6,118,398 Special funds 1,768,978 Total 8,721,502 (a) The establishment of twenty (20) new classified positions - one (1) Administrative Assistant B, two (2) Administrative Assistant A, three (3) Paralegal, four (4) Child Support Specialist, two (2) Child Support Services Technician, and eight (8) Child Support Information Representative - is authorized in fiscal year 2000. (b) The satellite offices of the office of child support in Brattleboro and Bennington shall not fall below their service levels as they existed on January 1, 1999 through January 1, 2000. Sec. 136. Social and rehabilitation services - administrative and support services Personal services 1,553,994 Operating expenses 210,668 Total 1,764,662 Source of funds General fund 851,698 Federal funds 912,964 Total 1,764,662 (a) The following positions are authorized to replace ongoing contractual services. The establishment of four (4) new exempt positions - Assistant Attorney General - is authorized in fiscal year 2000. Sec. 137. Social and rehabilitation services - disability determination services Personal services 2,408,274 Operating expenses 443,991 Total 2,852,265 Source of funds 259 SATURDAY, MAY 15, 1999 Federal funds 2,607,120 Interdepartmental transfer 245,145 Total 2,852,265 (a) The establishment of six (6) new classified positions - Disability Determination Specialist A - is authorized in fiscal year 2000. Sec. 138. Social and rehabilitation services - social services Personal services 12,130,883 Operating expenses 1,914,053 Other 40,717,360 Total 54,762,296 Source of funds General fund 21,228,189 Federal funds 32,619,644 Special funds 914,463 Total 54,762,296 (a) The following positions are authorized to replace ongoing contractual services. The establishment of eight (8) new classified positions - three (3) Child Benefit Specialist, one (1) Medicaid Programs Auditor, one (1) Administrative Assistant, and three (3) Domestic Violence Specialist - is authorized in fiscal year 2000. (b) The establishment of ten (10) new classified positions - nine (9) Social Worker and one (1) Social Service Supervisor - is authorized in fiscal year 2000. (c) The Youthful Offender Coordinator position and current position holder in the agency of human services, central office shall be transferred and converted to a classified Social Worker in the department of social and rehabilitation services. Sec. 139. Social and rehabilitation services - Woodside juvenile rehabilitation center Personal services 1,713,318 Operating expenses 259,384 Total 1,972,702 Source of funds General fund 1,889,951 Interdepartmental transfer 82,751 Total 1,972,702

JOURNAL OF THE SENATE 260 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Nurse Practitioner - is authorized in fiscal year 2000. (b) The establishment of one (1) new classified position - Teacher - is authorized in fiscal year 2000. Sec. 140. Social and rehabilitation services - child care services Personal services 1,073,984 Operating expenses 301,091 Grants 23,149,206 Total 24,524,281 Source of funds General fund 5,845,083 Transportation fund 75,000 Special funds 832,000 Federal funds 17,772,198 Total 24,524,281 (a) The following positions are authorized to replace ongoing contractual services. The establishment of three (3) new classified positions - one (1) Child Care Licensor, one (1) Child Care Consumer Information Specialist and one (1) Child Care Information and Technology Consultant – is authorized in fiscal year 2000. (b) The establishment of one (1) new classified position - Child Care Licensor - is authorized in fiscal year 2000. (c) The department of social and rehabilitation services is allocated $2,200,000.00 to implement a 13 percent across-the-board rate increase for all licensed and registered child care providers serving families enrolled in the subsidy program. The legislature intends that this rate increase be passed on directly to providers to partially close the gap between market rates and rates paid by the subsidy system. The legislature further intends that the rate increase be implemented in conjunction with internal modifications to the fee scale structure to assure that the rate increase has positive impact on families' out-of-pocket child care expenditures. (d) $500,000.00 of the above appropriation is allocated for adjusting the sliding fee scale for individuals with income below 82 1/2 percent of state median. (e) Of the above appropriation $683,851.00 shall be used to fund childcare quality initiatives as follows: 261 SATURDAY, MAY 15, 1999 (1) $357,851.00 shall be used to continue to provide quality incentive bonuses at 15 percent above the subsidy rate; (2) $221,000.00 shall provide for quality bonuses as follows: (A) $130,000.00 for child care program bonuses at the time of accreditation; (B) $91,000.00 for bonuses to individual providers upon receipt of a degree and employment in a licensed or registered child care program. (3) $105,000.00 shall be used for the child care mentoring program. Sec. 141. Developmental and mental health services - central office Personal services 1,756,814 Operating expenses 463,772 Total 2,220,586 Source of funds General fund 1,050,170 Federal funds 1,170,416 Total 2,220,586 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position – Secretary B - is authorized in fiscal year 2000. Sec. 142. Developmental and mental health services - Community mental health Personal services 1,419,972 Operating expenses 120,183 Grants 52,794,448 Other 137,200 Total 54,471,803 Source of funds General fund 20,055,022 Federal funds 30,674,649 Special funds 2,522,299 Interdepartmental transfer 1,219,833 Total 54,471,803 (a) The following positions are authorized to replace ongoing temporary and contractual services. The establishment of two (2) new classified positions - one (1) Human Resources Analyst, and (1) Secretary C - is authorized in fiscal year 2000.

JOURNAL OF THE SENATE 262 Sec. 143. Developmental and mental health services - developmental services Personal services 2,445,181 Operating expenses 367,718 Grants 64,346,293 Other 81,340 Total 67,240,532 Source of funds General fund 25,742,032 Federal funds 40,730,997 Special funds 546,253 Interdepartmental transfer 221,250 Total 67,240,532 Sec. 144. Developmental and mental health services - Vermont state hospital Personal services 7,664,581 Operating expenses 794,066 Grants 81,341 Total 8,539,988 Source of funds General fund 2,048,252 Federal funds 6,421,736 Special funds 70,000 Total 8,539,988 Sec. 145. Aging and disabilities - administration and support Personal services 11,896,590 Operating expenses 2,365,351 Total 14,261,941 Source of funds General fund 5,939,501 Federal funds 7,795,921 Special funds 277,215 Interdepartmental transfer 249,304 Total 14,261,941 (a) The following positions are authorized to replace on-going temporary and contractual services. The establishment of seventeen (17) new classified positions - one (1) Data Clerk C, one (1) Vocational Rehabilitation Home Care Attendant, one (1) Independent Living Services Coordinator, two (2) 263 SATURDAY, MAY 15, 1999 Employment Training Specialist, one (1) Nutritionist, one (1) Elder Rights Services Developer, one (1) Grants and Compliance Manager, one (1) Vocational Evaluator, one (1) Systems Developer II, one (1) Training, Information and Referral Specialist, one (1) Policy Specialist, one (1) Administrative Assistant, two (2) Computer Access Specialist, one (1) Systems Developer III, and one (1) Traumatic Brain Injury Specialist - is authorized in fiscal year 2000. (b) The establishment of one (1) new classified position - Public Health Nurse Surveyor - is authorized in fiscal year 2000. (c) 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. (d) 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. 146. Aging and disabilities – vocational Rehabilitation Grants 4,574,834 Source of funds General fund 1,381,945 Federal funds 3,047,889 Special funds 10,000 Interdepartmental transfer 135,000 Total 4,574,834 (a) The state shall allocate the appropriation for the traumatic brain injured waiver for FY 2000 in the following manner: rehabilitation program, 58 slots; long-term program, seven slots. The number of long-term program slots may be increased by no more than 18 if matching funds are available to support the additional slots. Sec. 147. Aging and disabilities - blind and visually impaired Grants 1,214,634 Source of funds General fund 465,106 Federal funds 629,528 Special funds 120,000 Total 1,214,634

JOURNAL OF THE SENATE 264 Sec. 148. Aging and disabilities - division of advocacy and independent living Grants 8,980,349 Source of funds General fund 2,771,264 Transportation fund 522,000 Federal funds 5,271,836 Special funds 355,249 Interdepartmental transfer 60,000 Total 8,980,349 (a) Of the above appropriation, $325,000.00 is for grants to the area agencies on aging to fund programs for nutrition and successful aging. Successful aging means the ability to maintain a low risk of disease and disease-related disability, a high mental and physical functioning capacity and an active engaged life. (b) There is appropriated to the department of aging and disabilities the amount of $200,000.00 from the general fund for a one time funding enhancement of the home health - homemaker program. (c) In addition to the appropriation in subsection (b) the amount of $180,000.00 shall be expended for the home health - homemaker program. Sec. 149. Children's trust fund Grant 386,178 Source of funds General fund 109,748 Federal funds 196,430 Special funds 80,000 Total 386,178 (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. 150. Governor's commission on women Personal services 213,384 Operating expenses 51,564 Total 264,948 Source of funds General fund 205,941 Federal funds 34,007 Special funds 5,000 265 SATURDAY, MAY 15, 1999 Interdepartmental transfer 20,000 Total 264,948 Sec. 151. Retired senior volunteer program Grants 129,340 Source of funds General fund 129,340 Sec. 152. Disabled & needy veterans Personal services 1,800 Operating expenses 900 Grants 28,136 Total 30,836 Source of funds General fund 30,836 Sec. 153. Vermont veterans' home - care and support services Personal services 8,289,761 Operating expenses 2,201,193 Total 10,490,954 Source of funds General fund 1,048,169 Federal funds 2,579,959 Special funds 6,862,826 Total 10,490,954 Sec. 154. Vermont association for blind and visually impaired, inc. Grants 24,160 Source of funds General fund 24,160 Sec. 155. Independence Fund Grants 1 Source of funds General fund 1 (a) Notwithstanding other provisions of Act No. 160 of the Acts of 1996 (Adjourned Session) or other provisions of chapter 61 of Title 33, up to $100,000.00 of the redirected funds in fiscal year 2000 shall be directed to the independence fund to be used for grants which have matching funds equivalent to that of Medicaid and are consistent with the purposes of and the time frame

JOURNAL OF THE SENATE 266 of Act No. 160. Proposals shall be received by September 1, with recommendations submitted to the secretary within 30 days thereafter. Sec. 156. Total human services 863,123,168 Source of funds General fund 286,856,728 Transportation fund 1,940,011 Federal funds 476,051,217 Special funds 75,563,413 Tobacco fund 16,439,861 Internal service funds 1,747,710 Interdepartmental transfer 4,514,228 Expendable trust 10,000 Total 863,123,168 Sec. 157. Employment and training Personal services 17,215,400 Operating expenses 8,945,700 Grants 4,344,000 Total 30,505,100 Source of funds General fund 402,160 Federal funds 26,787,273 Special funds 102,667 Interdepartmental transfer 3,213,000 Total 30,505,100 (a) Of the above appropriation, up to $50,000.00 of federal funds shall be available as a portion of the matching requirement for the job access/reverse commute grant. Sec. 158. Education - policy, planning, operations & finance Personal services 2,576,569 Operating expenses 496,587 Grants 3,949,570 Total 7,022,726 Source of funds General fund 2,143,109 Federal funds 4,843,646 Interdepartmental transfer 971 Special funds 35,000 Total 7,022,726 267 SATURDAY, MAY 15, 1999 (a) The following positions are authorized to replace ongoing contractual services. The establishment of three (3) new classified positions - one (1) Information Technology Specialist, one (1) Investigator, and one (1) Senior Research Analyst - is authorized in fiscal year 2000. (b) The establishment of six (6) new classified positions - one (1) Education Communications Consultant, one (1) Education Statistician, one (1) Systems Developer III, two (2) Systems Developer II and one (1) Administrative Assistant B - is authorized in fiscal year 2000. Sec. 158a. CIVIC EDUCATION (a) The general assembly recognizes that the preservation of our democratic society depends on a citizenry knowledgeable about its government and actively participating in the democratic process. The general assembly also recognizes that currently many citizens are not knowledgeable about their Constitution and government and do not participate in the process. Therefore, the general assembly intends to provide assistance for schools to participate in the nationally acclaimed civic education program about the history and philosophy of the United States Constitution and Bill of Rights, “We the People . . . The Citizen and the Constitution”. (b) The amount of $17,000.00 in general funds are appropriated to the commissioner of education to be used as follows: (1) $8,000.00 is used for administration of the program including reimbursement to participating schools for curricular materials and training and delivery of the program “We the People . . . The Citizen and the Constitution”, and (2) $2,500.00 is to be awarded to the school that wins the state “We the People . . . The Citizen and the Constitution” competition to be used for travel and participation in national competition. (3) $1,500.00 is to be awarded equally to the three Vermont finalist schools in the state “We the People . . . The Citizen and the Constitution” competition. (4) $5,000.00 shall be available for grants to schools participating in the program who raise local funds on a one for one matching basis. (c) The commissioner of education shall appoint a five-person advisory board to help to develop an application process, develop selection procedures and criteria, and to advise the commissioner on oversight and promotion of the “We the People . . . The Citizen and the Constitution” program in Vermont.

JOURNAL OF THE SENATE 268 Sec. 158b. 16 V.S.A. § 563(8) is amended to read: The school board of a school district, in addition to other duties and authority specifically assigned by law: * * * (8) Shall establish and maintain an adequate system of financial disbursement, accounting, control and reporting procedures that ensures that all payments are lawful and in accordance with a budget adopted or amended by the school board. The school board may authorize a subcommittee, the superintendent of schools, or a designated employee of the school board to examine claims against the district for school expenses and draw orders for such as shall be allowed by it payable to the party entitled thereto. Such orders shall state definitely the purpose for which they are drawn and shall serve as full authority to the treasurer to make such payments. It shall be lawful for a school board to submit to its treasurer a certified copy of those portions of the board minutes, properly signed by the clerk and chairman, or a majority of the board, showing to whom, and for what purpose each payment is to be made by the treasurer, and such certified copy shall serve as full authority to the treasurer to make the payments as thus approved. * * * Sec. 159. Education - school and instructional support Personal services 3,111,475 Operating expenses 1,154,800 Grants 16,061,096 Total 20,327,371 Source of funds General fund 4,873,219 Transportation fund 639,932 Federal funds 13,290,584 Special funds 1,404,379 Interdepartmental transfer 119,257 Total 20,327,371 (a) The following positions are authorized to replace ongoing contractual services. The establishment of four (4) new classified positions - one (1) Basic Program Specialist - Community Based Learning, one (1) Basic Program Specialist - Safe and Drug Free Schools, one (1) Basic Program Specialist - Driver Education, and one (1) Secretary C - is authorized in fiscal year 2000. 269 SATURDAY, MAY 15, 1999 Sec. 160. Education - family and educational support Personal services 2,580,049 Operating expenses 883,487 Grants 49,428,461 Total 52,891,997 Source of funds General fund 1,713,093 Federal funds 50,540,610 Special funds 434,800 Interdepartmental transfer 203,494 Total 52,891,997 (a) The following positions are authorized to replace ongoing contractual services. The establishment of twenty-two (22) new classified positions - one (1) Drug and Alcohol Prevention Trainer, one (1) Act 51 Coordinator, one (1) Health Education - HIV/AIDS - Technical Assistant, one (1) Special Education Finance Administrative Assistant, two (2) Medicaid Data Entry Clerk, one (1) School Counseling Technical Advisor, one (1) IDEA Preschool, Infants and Toddlers Coordinator, four (4) Special Education Compliance Monitor, one (1) Interagency Coordinator, two (2) Medicaid Trainer/Auditor, one (1) Health Program Consultant, one (1) Model Program and Effective Practices Consultant, one (1) Special Education and Title I Administrative Assistant, one (1) Residential Review Coordinator, one (1) Special Education Program and Fiscal Reviewer, one (1) School Health Services Consultant, and one (1) Health Program Administrative Assistant - is authorized in fiscal year 2000. Sec. 161. Education - licensing Personal services 295,267 Operating expenses 133,600 Grants 45,000 Total 473,867 Source of funds Special funds 473,867 (a) The following positions are authorized to replace ongoing contractual services. The establishment of two (2) new classified positions - Basic Education Program Specialist - Licensing - is authorized in fiscal year 2000. Sec. 162. Education - adult basic education Grants 3,147,664 Source of funds

JOURNAL OF THE SENATE 270 General fund 2,419,927 Federal funds 727,737 Total 3,147,664 Sec. 163. Education - career and lifelong learning Personal services 1,157,073 Operating expenses 244,316 Grants 12,608,133 Total 14,009,522 Source of funds General fund 992,293 Education fund 7,070,901 Federal funds 4,709,778 Special funds 284,018 Interdepartmental transfer 952,532 Total 14,009,522 (a) The following positions are authorized to replace ongoing contractual services. The establishment of two (2) new classified positions – one (1) Communication Technologist and one (1) Administrative Assistant - is authorized in fiscal year 2000. (b) The appropriations in this section shall be authorized notwithstanding sections 1564, 1565, 1566, and 1567 of Title 16. Sec. 164. FUND APPROPRIATIONS AND TRANSFERS (a) There is appropriated in fiscal year 2000 from the general fund for transfer to the education fund the amount of $231,099,412.00. (b) There is appropriated in fiscal year 2000 from the education fund to the commissioner of education $450,000.00 for the purpose of awarding grants to pilot technical education projects under Sec. 121a of Act No. 71 of the Acts of 1998. In each fiscal year following fiscal year 2000, there is transferred from the general fund to the education fund the amount transferred thereto in the previous fiscal year increased by 2.8 percent. (c) There is appropriated $50,000.00 in fiscal year 2000 from the general fund to the fiscal review panel established under 16 V.S.A. § 2974(e). Sec. 164a. ONE-TIME FUND TRANSFER There is appropriated in fiscal year 2000 from the general fund for transfer to the education fund the amount of $11,100,000.00. 271 SATURDAY, MAY 15, 1999 Sec. 165. Education - small school grants Grants 4,122,209 Source of funds Education fund 4,122,209 Sec. 166. Education - special education: formula grants Grants 46,838,371 Source of funds Education fund 46,838,371 (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 2000 costs incurred by school districts shall be paid partially from the fiscal year 2000 appropriation and partially from the fiscal year 2001 appropriation. The fiscal year 2000 appropriation will cover the final reimbursements for fiscal year 1999 with the remainder available for reimbursements for fiscal year 2000 grants and reimbursements. Funds distributed to school districts for fiscal year 2000 expenses but to which the school districts were not entitled based on final reports for fiscal year 2000 shall not be considered as part of the total expenditures for fiscal year 2000 under the 60 percent state funding provision of 16 V.S.A. § 2967. Such funds held by local school districts shall be treated as expenditures in fiscal year 2001. Sec. 167. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND SIX (a) General 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 that 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. 168. Education - state-placed students Grants 8,000,000 Source of funds Education fund 8,000,000

JOURNAL OF THE SENATE 272 Sec. 168a. Sec. 164 of No. 147 of the Acts of 1998, as amended by Sec. 54 of No. 1 of the Acts of 1999, is further amended to read: Sec. 164. Education - state-placed students Grants 7,045,000 7,535,000 Source of funds Education fund 7,045,000 7,535,000 Sec. 169. Education - school construction aid - past state obligations Grants 7,000,000 Source of funds Education fund 7,000,000 (a) Notwithstanding any provision of 16 V.S.A. § 559 concerning prequalification requirements, the Board of Directors of the U-32 School District is authorized to award a contract to the lowest responsible bidder conforming to specifications for Phase I of its school construction project. Sec. 170. Education - construction interest aid Grants 440,580 Source of funds Education fund 440,580 Sec. 171. Education - capital debt service aid Grants 3,943,000 Source of funds Education fund 3,943,000 Sec. 172. Education - transportation Grants 11,000,388 Source of funds Education fund 11,000,388 Sec. 173. EDUCATION - EDUCATION GRANTS There is appropriated from the education fund for fiscal year 2000 to the department of education, $217,125,000.00 for education grants to school districts as required by Sec. 24 of No. 60 of the Acts of 1997. Such grants shall provide in fiscal year 2000 a total statewide average education grant per equalized pupil $5,377.00. O f the $217,125,000.00 appropriated in this section, $125,000.00 shall be utilized as an adjustment for average daily membership errors reported by the Coventry school district during prior fiscal years. Sec. 174. EDUCATION - LOCAL SHARE PROPERTY TAX PAYMENTS 273 SATURDAY, MAY 15, 1999 There is appropriated from the education fund for fiscal year 2000 to the department of education $36,800,000.00 for local share property tax payments to school districts as required by 16 V.S.A. § 4028(a)(2). Sec. 174a. 16 V.S.A. § 4027(c) is amended to read: (c) The commissioner of education shall calculate the equalized yield amount so that the amount due into the education fund under this section, plus any additional amount that may be allocated for this purpose in any fiscal year by the general assembly, equals the amount due out of the fund under this section. Sec. 175. State teachers' retirement system Personal services 6,571,426 Operating expenses 131,603 Grants 18,586,240 Total 25,289,269 Source of funds General fund 18,586,240 Special funds 6,703,029 Total 25,289,269 (a) Notwithstanding the provisions of 16 V.S.A. chapter 55, the amount of annual contributions to the Vermont state teachers' retirement system shall be $18,586,240.00 in fiscal year 2000. 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. 176. TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENT The amount of $2,320,000.00 in education funds is appropriated 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. 177. Tax department - homestead property tax income sensitivity adjustments Other 82,300,000 Source of funds General fund 4,329,417 Transportation fund 3,035,083

JOURNAL OF THE SENATE 274 Special funds 635,500 Education fund 74,300,000 Total 82,300,000 Sec. 178. Total general education and property tax support 785,768,376 Source of funds General fund 277,323,710 Transportation fund 3,675,015 Education fund 419,410,449 Federal funds 74,112,355 Special funds 9,970,593 Interdepartmental transfer 1,276,254 Total 785,768,376 Sec. 179. University of Vermont Grants 30,330,748 Source of funds General fund 30,330,748 (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. Sec. 180. University of Vermont - Morgan horse farm Grants 1 Source of funds General fund 1 Sec. 181. Vermont public television Grants 579,535 Source of funds General fund 579,535 Sec. 182. Vermont state colleges Grants 17,218,440 Source of funds General fund 17,218,440 (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. 275 SATURDAY, MAY 15, 1999 (b) Of the above appropriation, $100,000.00 shall be reserved for use as the state's fiscal year 2000 contribution toward the creation of an 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 2000 appropriation will be the fourth of five appropriations through fiscal year 2001 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. The first three appropriations have been transferred to the state colleges' endowment fund under the condition that only the interest accruing to the fund will be available for purposes as designated by the board of trustees of the state colleges. Subsequent appropriations of $100,000.00 also shall be transferred to the state colleges as the state colleges successfully raise endowment increments of $300,000.00. By June 30, 2001, 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) The last best offer of the Vermont State Colleges recommended to the general assembly by the Vermont Labor Relations Board in accordance with 3 V.S.A. § 925(i) shall be the collective bargaining agreement for Part-Time Faculty between the Vermont State Colleges and the Vermont State Colleges Faculty Federation. Funds appropriated under this section may be used for purposes of this subsection. Sec. 183. Vermont state colleges - practical nursing schools Grants 514,670 Source of funds General fund 514,670 Sec. 184. Vermont interactive television Grants 788,933 Source of funds General fund 788,933 Sec. 185. Vermont student assistance corporation Grants 13,831,839 Source of funds General fund 13,831,839 (a) Not less than 99 percent of grants shall be used for direct student aid.

JOURNAL OF THE SENATE 276 Sec. 186. New England higher education compact Operating expenses 72,605 Source of funds General fund 72,605 Sec. 186a. Education commission of the states Operating expenses 39,600 Source of funds General fund 39,600 Sec. 187. Total higher education and other 63,376,371 Source of funds General fund 63,376,371 Sec. 188. Natural resources - agency of natural resources - administration, management and planning Personal services 2,268,806 Operating expenses 1,448,056 Grants 35,000 Other 255,000 Total 4,006,862 Source of funds General fund 2,116,653 Federal funds 111,953 Special funds 959,181 Interdepartmental transfer 819,075 Total 4,006,862 (a) The establishment of four (4) new classified positions - three (3) Natural Resource Specialist, and one (1) Growth Planner - is authorized in fiscal year 2000. Sec. 189. Connecticut river watershed advisory commission Other 40,500 Source of funds General fund 25,000 Federal funds 15,500 Total 40,500 277 SATURDAY, MAY 15, 1999 Sec. 190. Citizens' advisory committee on Lake Champlain's future Other 5,000 Source of funds General fund 5,000 Sec. 191. Natural resources - state land local property tax assessment Operating expenses 975,009 Source of funds General fund 526,442 Transportation fund 218,567 Interdepartmental transfer 230,000 Total 975,009 Sec. 192. Environmental conservation - commissioner's office Personal services 715,766 Operating expenses 113,162 Total 828,928 Source of funds General fund 191,809 Federal funds 414,465 Special funds 98,750 Interdepartmental transfer 123,904 Total 828,928 Sec. 193. Environmental conservation - environmental assistance Personal services 1,237,842 Operating expenses 209,539 Grants 120,000 Other 40,000 Total 1,607,381 Source of funds General fund 451,049 Federal funds 199,427 Special funds 956,905 Total 1,607,381

JOURNAL OF THE SENATE 278 Sec. 194. Environmental conservation - office of air and waste management Personal services 4,099,482 Operating expenses 1,145,651 Grants 125,000 Other 25,000 Total 5,395,133 Source of funds General fund 488,419 Transportation fund 37,634 Federal funds 2,124,472 Special funds 2,594,608 Interdepartmental transfer 150,000 Total 5,395,133 Sec. 195. Environmental conservation - office of water programs Personal services 7,551,134 Operating expenses 1,192,875 Grants 1,792,697 Other 40,000 Total 10,576,706 Source of funds General fund 2,852,063 Transportation fund 169,656 Federal funds 4,878,663 Special funds 2,439,533 Interdepartmental transfer 236,791 Total 10,576,706 (a) The following positions are authorized to replace ongoing temporary and contractual services. The establishment of three (3) new classified positions - two (2) Environmental Technician B and one (1) Aquatic Biologist B - is authorized in fiscal year 2000. Sec. 196. Environmental conservation - various Environmental special funds Other 4,750,371 Source of funds Special funds 4,750,371 279 SATURDAY, MAY 15, 1999 Sec. 196a. LANDFILL CAPPING There is transferred to the landfill closure fund as established in 10 V.S.A. § 6603i in fiscal year 1999, funds not to exceed $100,000.00 from the waste management fund established in 10 V.S.A. § 6618, for the purposes of capping an uncapped municipal landfill that has accepted less than 1,000 tons annually, and is ready to be capped. Sec. 197. Fish and wildlife - support and field services Personal services 7,765,192 Operating expenses 4,167,080 Grants 250,000 Other 161,000 Total 12,343,272 Source of funds Fish and wildlife fund 11,738,035 Interdepartmental transfer 605,237 Total 12,343,272 (a) The following positions are authorized to replace ongoing temporary services. The establishment of two (2) new classified positions - one (1) Secretary B and one (1) Development and Outreach Coordinator - is authorized in fiscal year 2000. Sec. 198. Fish and wildlife - watershed improvement Other 45,000 Source of funds Fish and wildlife/special funds 45,000 Sec. 199. Forests, parks and recreation - administration Personal services 880,783 Operating expenses 335,239 Grants 713,200 Total 1,929,222 Source of funds General fund 1,022,722 Federal funds 565,000 Special funds 341,500 Total 1,929,222

JOURNAL OF THE SENATE 280 Sec. 200. Forests, parks and recreation - forest highway maintenance Personal services 2,539 Operating expenses 346,000 Grants 200,000 Total 548,539 Source of funds Transportation fund 548,539 Sec. 201. Forests, parks and recreation - forestry Personal services 3,487,722 Operating expenses 589,900 Grants 482,000 Total 4,559,622 Source of funds General fund 2,562,822 Transportation fund 21,500 Federal funds 1,261,300 Special funds 391,000 Interdepartmental transfer 315,000 Expendable trust 8,000 Total 4,559,622 (a) Of the above appropriation for the Vermont urban and community forest program, $100,000.00 shall be used for the trees 2000 celebration of Vermont's millennium. Sec. 202. Forests, parks and recreation - rural community fire protection Other 19,000 Source of funds Federal funds 19,000 Sec. 203. Forests, parks and recreation - senior community service employment Personal services 36,000 Operating expenses 2,000 Total 38,000 Source of funds Federal funds 38,000 281 SATURDAY, MAY 15, 1999 Sec. 204. Forests, parks and recreation - state parks Personal services 3,334,425 Operating expenses 1,837,800 Grants 25,000 Other 201,472 Total 5,398,697 Source of funds Special funds 5,336,743 Interdepartmental transfer 61,954 Total 5,398,697 Sec. 205. Forests, parks and recreation - youth conservation corps Personal services 418,795 Operating expenses 38,600 Grants 500,000 Total 957,395 Source of funds Special funds 522,395 Interdepartmental transfer 435,000 Total 957,395 Sec. 206. Forests, parks and recreation - snowmobile trails program Personal services 11,500 Grants 488,500 Total 500,000 Source of funds Special funds 500,000 (a) Funds will be transferred to VAST contingent on the certification by the agency of natural resources that all past and anticipated safety and planning issues have been or are being resolved satisfactorily. Sec. 207. Environmental board and district commissions - Act 250 Personal services 1,565,040 Operating expenses 170,000 Other 150,000 Total 1,885,040 Source of funds General fund 681,664

JOURNAL OF THE SENATE 282 Special funds 1,203,376 Total 1,885,040 (a) The following positions are authorized to replace ongoing temporary services. The establishment of two (2) new classified positions - one (1) Secretary C and one (1) Assistant District Coordinator – is authorized in fiscal year 2000. Sec. 208. Environmental board and district commissions - waste facilities panel Personal services 108,000 Operating expenses 17,000 Total 125,000 Source of funds Special funds 125,000 Sec. 209. Water resources board Personal services 217,000 Operating expenses 39,580 Total 256,580 Source of funds General fund 256,580 Sec. 210. Green up Other 8,261 Source of funds Special funds 8,261 Sec. 211. Total natural resources 56,799,518 Source of funds General fund 11,180,223 Transportation fund 995,896 Federal funds 9,627,780 Fish and wildlife fund 11,738,035 Fish and wildlife/special funds 45,000 Special funds 20,227,623 Interdepartmental transfer 2,976,961 Expendable trust 8,000 Total 56,799,518 283 SATURDAY, MAY 15, 1999 Sec. 212. Commerce and community development - agency of commerce and community development - administration and management planning Personal services 894,602 Operating expenses 145,489 Other 2,500 Total 1,042,591 Source of funds General fund 821,795 Transportation fund 156,921 Interdepartmental transfer 63,875 Total 1,042,591 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Information Technology Specialist II - is authorized in fiscal year 2000. (b) The establishment of one (1) new classified position – Systems Developer III - is authorized in fiscal year 2000. Sec. 213. Housing and community affairs Personal services 1,892,405 Operating expenses 272,147 Grants 12,331,602 Total 14,496,154 Source of funds General fund 1,121,938 Federal funds 10,416,828 Special funds 2,957,388 Total 14,496,154 (a) The establishment of one (1) new classified position - Administrative Assistant A - is authorized in fiscal year 2000. Sec. 214. Historic sites operations Personal services 416,444 Operating expenses 311,515 Total 727,959 Source of funds General fund 350,228 Special funds 377,731 Total 727,959

JOURNAL OF THE SENATE 284 Sec. 215. Community development block grants Grants 8,637,000 Source of funds Federal funds 8,637,000 Sec. 216. Downtown transportation & capital improvement fund Grants 400,000 Source of funds Special funds 400,000 Sec. 217. Economic development Personal services 781,208 Operating expenses 347,209 Grants 1,762,144 Total 2,890,561 Source of funds General fund 2,698,296 Special funds 192,265 Federal funds 0 Total 2,890,561 (a) Subject to the approval of the secretary of the agency of commerce and community development, of the above appropriation, up to $200,000.00 shall be transferred to EPSCoR for the purpose of compliance with matching fund requirements necessary for the receipt of available federal and/or private funds. (b) Of the above appropriation, $25,000.00 in general funds shall be used for the economic development council of Northern Vermont in fiscal year 2000. Sec. 218. Vermont training program (VTP) Personal services 57,581 Operating expenses 19,121 Grants 565,135 Total 641,837 Source of funds General fund 601,837 Special funds 40,000 Total 641,837 Sec. 219. Government marketing assistance center Personal services 149,395 Operating expenses 77,108 285 SATURDAY, MAY 15, 1999 Total 226,503 Source of funds General fund 84,337 Federal funds 142,166 Total 226,503 (a) The following position is authorized to replace ongoing temporary services. The establishment of one (1) new classified position - Administrative Assistant A - is authorized in fiscal year 2000. Sec. 220. Tourism and marketing Personal services 1,553,577 Operating expenses 1,499,502 Grants 1,932,000 Total 4,985,079 Source of funds General fund 4,949,229 Special funds 35,850 Total 4,985,079 Sec. 221. Vermont life Personal services 600,000 Operating expenses 191,000 Total 791,000 Source of funds Enterprise funds 791,000 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - Vermont Life Arts Director - is authorized in fiscal year 2000. Sec. 222. Vermont economic development authority Grants 312,666 Source of funds General fund 312,666 (a) The sum of $4,165,589.00 is hereby appropriated for transfer from the general fund debt service reserve to the Vermont economic development authority to capitalize the Vermont jobs fund. Sec. 223. Vermont council on the arts Grants 505,239 Source of funds General fund 505,239

JOURNAL OF THE SENATE 286 Sec. 224. Vermont symphony orchestra Grants 104,833 Source of funds General fund 104,833 Sec. 225. Vermont historical society Grants 236,277 Source of funds General fund 236,277 Sec. 226. Vermont housing and conservation trust fund Grants 20,934,488 Source of funds Federal funds 11,132,479 Special funds 9,802,009 Total 20,934,488 (a) In addition to all other appropriations in this bill, under 32 V.S.A. § 511 the secretary of administration shall approve expenditure during fiscal year 2000 of any fiscal year 1999 housing conservation trust fund balance beyond fiscal year 1999 appropriations from this fund. (b) All expenditures from this fund balance that are allocated by the board for affordable housing shall be according to the priorities in section 267(5)(A)- (G) of this act. Sec. 227. Vermont council on the humanities Grants 75,000 Source of funds General fund 75,000 Sec. 228. Total commerce and 57,007,187 community development Source of funds General fund 11,861,675 Transportation fund 156,921 Federal funds 30,328,473 Interdepartmental transfer 63,875 Special funds 13,805,243 Enterprise funds 791,000 Total 57,007,187 287 SATURDAY, MAY 15, 1999 Sec. 229. 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. 230. Transportation - secretary's office Personal services 1,717,375 Operating expenses 297,625 Grants 250,000 Total 2,265,000 Source of funds Transportation fund 1,675,000 Federal funds 590,000 Total 2,265,000 (a) The establishment of one (1) new classified position - Civil Rights Specialist - is authorized in fiscal year 2000. Sec. 231. Transportation board Personal services 93,486 Operating expenses 21,864 Total 115,350 Source of funds Transportation fund 115,350 Sec. 232. Transportation – administration Personal services 4,402,900 Operating expenses 640,100 Total 5,043,000 Source of funds Transportation fund 4,895,000 Federal funds 148,000 Total 5,043,000 (a) The establishment of two (2) new classified positions - two (2) Audit Specialist - is authorized in fiscal year 2000.

JOURNAL OF THE SENATE 288 Sec. 233. Transportation – maintenance state system Personal services 20,904,459 Operating expenses 22,024,497 Other 450,000 Total 43,378,956 Source of funds Transportation fund 36,178,956 Federal funds 7,200,000 Total 43,378,956 (a) The establishment of twelve (12) new classified positions - nine (9) Maintenance Worker Trainee and three (3) Equipment Mechanic - is authorized in fiscal year 2000. Sec. 234. Transportation - project development and special projects unit Other 136,760,863 Source of funds Transportation fund 21,872,469 Federal funds 113,116,782 Local match 1,771,612 Total 136,760,863 (a) The following position is authorized to replace ongoing temporary service. The establishment of one (1) new classified position - one (1) Accountant A - is authorized in fiscal year 2000. Sec. 235. Transportation - technical services Personal services 4,493,667 Operating expenses 1,571,333 Total 6,065,000 Source of funds Transportation fund 2,675,000 Federal funds 3,390,000 Total 6,065,000 Sec. 236. Transportation - rest areas Other 8,807,500 Source of funds Transportation fund 880,750 Federal funds 7,926,750 Total 8,807,500 289 SATURDAY, MAY 15, 1999 Sec. 237. Transportation - policy and planning Personal services 1,901,184 Operating expenses 470,975 Grants 14,375,387 Total 16,747,546 Source of funds Transportation fund 4,529,700 Federal funds 12,217,846 Total 16,747,546 (a) The establishment of one (1) new classified position - Public Transit Administrator (pay grade 26) - is authorized in fiscal year 2000. Sec. 238. Transportation – rail and aviation Personal services 2,888,183 Operating expenses 365,401 Grants 25,000 Other 11,582,388 Total 14,860,972 Source of funds Transportation fund 6,757,862 Federal funds 8,103,110 Total 14,860,972 Sec. 239. Transportation – central garage revolving fund Personal services 2,241,557 Operating expenses 3,761,036 Other 3,333,000 Total 9,335,593 Source of funds Transportation fund 750,000 Internal service funds 8,585,593 Total 9,335,593 Sec. 240. Transportation – town highway grants Grants 21,504,280 Source of funds Transportation fund 21,504,280 (a) The above appropriation is authorized notwithstanding 19 V.S.A. § 306(a).

JOURNAL OF THE SENATE 290 Sec. 241. Transportation – town highway bridges Other 17,701,020 Source of funds Transportation fund 4,892,117 Federal funds 11,432,654 Local match 1,376,249 Total 17,701,020 Sec. 242. Transportation - town highways - class 1 supplemental Grants 125,000 Source of funds Transportation fund 125,000 Sec. 243. Transportation - town highways - emergency fund Other 750,000 Source of funds Transportation fund 750,000 Sec. 244. Transportation - town highways - bridge, culvert and bridge maintenance programs Other 2,750,000 Source of funds Transportation fund 2,750,000 (a) Of the above appropriation, $500,000.00 is allocated to fund the town highway bridge maintenance program. (b) Notwithstanding any other provision of law, the secretary of transportation, with the approval of the secretary of administration, shall transfer any unexpended balances carried forward into fiscal year 2000 in prior year transportation appropriations allocated for town highway bridge maintenance into this appropriation for town highway bridge maintenance. Sec. 245. Transportation - Vermont Local roads program Other 370,000 Source of funds Transportation fund 200,000 Federal funds 170,000 Total 370,000 291 SATURDAY, MAY 15, 1999 Sec. 246. Transportation - town highways - class 2 resurfacing program Other 3,625,000 Source of funds Transportation fund 3,625,000 Sec. 247. Transportation - town highways - class 2 rehabilitation program Other 500,000 Source of funds Transportation fund 500,000 Sec. 248. Department of motor vehicles Personal services 8,852,720 Operating expenses 4,714,480 Grants 169,000 Total 13,736,200 Source of funds Transportation fund 13,175,000 Federal funds 561,200 Total 13,736,200 (a) The establishment of five (5) new classified positions - three (3) Customer Service Representative II, one (1) Commercial Vehicle Enforcement Inspector, and one (1) Driver Training Coordinator - is authorized in fiscal year 2000. Sec. 249. Total transportation 304,441,280 Source of funds Transportation fund 127,851,484 Federal funds 164,856,342 Local match 3,147,861 Internal service funds 8,585,593 Total 304,441,280 Sec. 250. Debt service - general Interest Temporary borrowing 150,000 Bonded debt 23,351,969 Total interest 23,501,969 Principal State of Vermont Series XXII 2,111,970 Series XXXI 2,920,000

JOURNAL OF THE SENATE 292 Series XXXII 1,186,189 Series XXXIII 4,224,000 Series XXXIV 1,240,000 Series XXXV 818,415 Series XXXVI 1,710,000 Series XXXVII 8,205,000 Series XXXVIII 620,000 Series XXXIX 3,800,500 Series XL 1,903,555 Series XLI 4,100,500 Series XLII 3,160,000 Series XLIII 1,250,000 Series XLIV 2,000,000 Series XLV 790,000 Series XLVI 1,401,237 Series XLVII 790,000 Series XLVIII 265,342 1998 Series C 1,370,706 1998 Series D 1,535,000 Total principal 45,402,414 Total debt service 68,904,383 Source of funds General fund 68,904,383 Sec. 251. Debt service - transportation Interest 1,108,463 Principal Series XXIII 488,030 Series XXIX 176,000 Series XXX 75,000 Series XXXI 740,000 Series XXXII 735,000 Series XXXIII 45,000 Series XXXIV 199,500 Series XXXV 69,500 Series XXXVI 98,764 Series XXXVII 19,658 1998 Series C 34,294 Total principal 2,680,746 Total debt service 3,789,209 Source of funds Transportation fund 3,789,209 293 SATURDAY, MAY 15, 1999 Sec. 252. Debt service - rental payments Operating expenses 2,389,948 Source of funds Special funds 2,389,948 Sec. 253. Debt service - job zones Operating expenses 63,728 Source of funds General fund 63,728 Sec. 254. Total debt service 75,147,268 Source of funds General fund 68,968,111 Transportation fund 3,789,209 Special funds 2,389,948 Total 75,147,268 Sec. 255. MISCELLANEOUS ACTS OF THE 1999 SESSION Amounts are hereby appropriated in accordance with the provisions of all house and senate bills, which may be enacted by the 1999 session of the general assembly. Sec. 256. RELATIONSHIP TO CERTAIN EXISTING LAWS 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. 257. OFFSETTING APPROPRIATIONS 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. 258. FEDERAL FUNDS (a) In fiscal year 2000, 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,

JOURNAL OF THE SENATE 294 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 2000 federal funds available to the State of Vermont, and designated as federal in this and other acts of the 1999 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. 259. 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 other provisions 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. 260. 19 V.S.A. § 11 is amended to read: § 11. TRANSPORTATION FUND The transportation fund shall be comprised of the following: * * * (7) both statewide and departmental indirect cost recoveries from federal sources by the agency of transportation. (7)(8) other miscellaneous sources including the sale of maps, plans and reports, fees collected by the travel information council and leases for property at state-owned airports and railroads. 295 SATURDAY, MAY 15, 1999 Sec. 261. JOB TRAINING PARTNERSHIP ACT The commissioner of employment and training, as agent for the governor in accordance with the provisions of the Job Training Partnership Act (P.L. 97 - 300) is hereby authorized to accept federal grants provided for in the Job Training Partnership Act. Sec. 262. APPROPRIATIONS; HOUSING AND CONSERVATION TRUST FUND AND MUNICIPAL AND REGIONAL PLANNING FUND This act contains the following amounts appropriated from the housing and conservation trust fund and the municipal and regional planning fund. Expenditures from these appropriations shall not exceed available revenues: (a) The sum of $9,536,000.00 is appropriated from the housing and conservation trust fund to the housing and conservation trust board; (b) The sum of $3,441,721.00 is appropriated from the municipal and regional planning fund as follows: (1) $1,500,000.00 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b); (2) $375,000.00 for disbursement to regional planning commission for a natural resource database (GIS); (3) $600,000.00 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b); (4) $200,000.00 for disbursement to regional planning commissions for intensive local and regional education; (5) $240,0000.00 for disbursement to regional planning commissions for commercial/industrial sites. (6) $181,721.00 to the department of taxes for administration of the use tax reimbursement program; (7) $345,000.00 to GIS. Sec. 263. 24 V.S.A. § 4306(b)(4) as amended in Sec. 97b of H.130 of 1999, is further amended to read: (4) In fiscal years 1990 through 1993, 45 percent of the remaining balance in the fund, and in each fiscal year following fiscal year 1993, 50 percent of the remaining balance in the fund Disbursement to municipalities according to a formula to be adopted by rule under Chapter 25 of Title 3 by the department for the assistance of municipal planning shall be through a competitive program administered by the department providing the opportunity for any eligible municipality or municipalities to compete regardless of size, provided that to

JOURNAL OF THE SENATE 296 receive funds a municipality shall be confirmed under section 4350 of this title. The commissioner, in developing the formula shall take into account the following: population; indicators of growth, such as grand list, local development permit activity, and property transfer tax activity; level of development activity in nearby municipalities; community need indicators, such as per capita income and percentage of population considered lower income; and existing level of municipal and financial support for planning. The formula developed shall ensure a minimum equitable level of funding for each municipality. Funds allocated under this subdivision (4) to municipalities shall be used for the purposes of: (A) funding of regional planning commissions in undertaking capacity studies (B) carrying out the provisions of subchapters 5 through 7 of 24 V.S.A., chapter 117; (C) acquiring development rights, conservation easements, or title to those lands, areas and structures identified in either regional or municipal plans as requiring special consideration for provision of needed housing, aquifer protection, open space, farmland preservation or other conservation purposes. Sec. 263a. REPEAL Section 87a (L) of Act 1 of 1999 (one time general fund appropriation for digital orthophotographic mapping project) is repealed. Sec. 263b. MUNICIPAL AND REGIONAL PLANNING FUND ONE-TIME APPROPRIATIONS In addition to the appropriations in sec. 262(b) of this act the following one - time appropriations are made in fiscal 1999 from the municipal and regional planning fund: (a) $1,150,000.00 to the department of taxes for the digital orthophotographic mapping project (PVR); (b) $47,000.00 to the agency of natural resources for payment in lieu of taxes for the towns of Eden and Hyde Park; (c) $30,000.00 to the department of buildings and general services for technical assistance for the dry hydrant program; (d) $75,000.00 to the agency of natural resources for fiscal year 2000 proration of property taxes on the so-called “Champion Land”; (e) $150,000.00 to the commissioner of taxes in order to adjust tax year 1998 (FY 1999) current use payments to reflect appropriate municipal budget 297 SATURDAY, MAY 15, 1999 levels. In order to receive correction payments towns must submit to the division of property valuation and review their FY 1998 municipal budget with itemization of revenues that indicate allocation of current use payments for that fiscal year and certify to the commissioner that said allocation was made in error. Such submission shall be made on or before August 1, 1999. Payments shall be to towns with corrections in excess of $1,000.00 on or before September 10, 1999 based on an eligibility determination by the commissioner. In the event that the amount appropriated is insufficient to cover eligible towns payments shall be prorated accordingly. A report on such eligibility determination and payments made shall be submitted to the joint fiscal committee at its September meeting. Sec. 264. SOCIAL WELFARE; DRUG CONVICTION RECORDS Notwithstanding any other provision of law, the commissioner of social welfare may obtain from the Vermont crime information center the record of convictions occurring after August 22, 1996, of any person to the extent that the commissioner has determined, according to criteria established by rule, that such information is necessary to confirm or refute that a felony conviction related to a controlled substance has occurred. Sec. 264a. SPECIAL EDUCATION; STATEWIDE PROGRAMS Of the appropriation authorized in Sec. 166 of this act, and notwithstanding any other provision of law, an amount not to exceed $2,300,000.00 shall be used by the department of education in fiscal year 2000 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) and shall give priority to programs providing services to students. Sec. 265. NEW POSITIONS 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 2000, except for new positions authorized by the 1999 session of the general assembly. Positions in the department of employment and training, operating under the managing-to-payroll program, shall not be subject to this restriction, nor shall limited service positions approved pursuant to 32 V.S.A. § 5, nor shall this apply to partnership or sponsored positions as defined by this act or by the secretary of administration. Sec. 266. LIMITED SERVICE POSITIONS (a) The commissioner of personnel may establish up to 30 limited service positions, excluding those limited service positions which are fully funded through federal funds, grants, or other nonstate funds, not to exceed 10 in any one

JOURNAL OF THE SENATE 298 quarter, to meet the short-term supplemental staffing needs of the state. Consistent with the provisions for negotiating the impact of workweeks or schedules under the collective bargaining agreement, and with the approval of the commissioner of personnel, the appointing authority may prescribe, for such positions, full or part-time schedules and flexible work hours are deemed appropriate. The authorized use of such positions shall be limited to: (1) providing for staffing needs expected to last less than three years, including, but not limited to, capital improvement and transportation projects; or (2) providing an ongoing fill-in capacity, in lieu of hiring temporary employees, in institutions or where it is deemed appropriate to provide coverage for temporary and intermittent absences of regular staff. (b) Such authorized limited service positions shall not be created until the appointing authority has certified to the secretary of administration that there exists equipment and housing for the positions. (c) The commissioner of personnel shall notify the joint fiscal office when such positions are established or abolished and shall report on their usage to the legislature by January 15 each year. Upon request of the commissioner of personnel, the joint fiscal committee may authorize the establishment of positions under this section in excess of 10 during any fiscal quarter. Sec. 267. GENERAL FUND FISCAL YEAR 1999 ONE-TIME APPROPRIATIONS The following amounts are appropriated from the general fund to the secretary of administration, for transfer and use by the referenced departments as indicated in fiscal year 1999: (1) To the department of buildings and general services for the purposes in subdivisions (A), (B) and (C) below. $10,000,000 (A) $6,000,000.00 for the nonfederal share of the construction of a new 350-bed corrections facility; (B) $3,000,000.00 for use for a community center or civic improvement project of similar size and magnitude as defined by the citizens of Springfield after a public input process, contingent on state approval of the project; (C) $1,000,000.00 for use as an economic development grant for the Jones and Lamson Plant One site provided acceptable agreements can be made with the site owner. If acceptable agreements can not be made, such funds shall be set aside and used for other economic development projects within the town of Springfield such as a project at the new industrial development site. 299 SATURDAY, MAY 15, 1999 This contribution is conditional upon agency of commerce and community development approval of any alternative projects. This appropriation is subject to voter approval of a correctional facility by the town of Springfield. The funds in subdivisions (1)(B) and (C) of this section shall not be released until the commissioner of buildings and general services submits a formal letter of certification to the secretary of administration and the joint fiscal committee that all permit approvals and site issues have been resolved favorably for construction of a 350-bed correctional facility in the town of Springfield. The spending authorization of this subsection and subdivision (2) of this section and Sec. 267c(3) and Sec. 268(4) shall carry forward beyond the current or any future fiscal year. (2) To the department of buildings and general services for construction, remodeling and enlargement of the Springfield vocational technical center and the purchase of equipment for the facility. One hundred percent of the total cost of the project shall be paid by the state. The release of state funds for the project is subject to the following conditions: (A) The facility shall include the co-location of: (i) The Vermont State Colleges’ functions now in Springfield, the Community College of Vermont, the External Degree Program offered by Johnson State College, Vermont Interactive Television and the Southeastern Vermont Education Center; and (ii) Springfield Public Access Television (SPATV), if SPATV so requests in writing by July 1, 2000 to the commissioner of buildings and general services. (B) The project design and construction shall include: (i) wood space heating; and (ii) internal electrical fit-ups necessary for back-up generator power for limited power during emergencies. (C) In the event of a natural disaster or other emergency, the director of the emergency management division of the department of public safety shall at his or her discretion assume control of all or portions of the facility and its grounds during the pendancy of the occurrence. $5,000,000 (3) To the department of buildings and general services for retirement of accrued budgetary deficits. $350,000 (4) To the department of buildings and general services for historic exterior decorations of the State House and state buildings on the occasion of the anniversary of the birth of Admiral Dewey. $7,000

JOURNAL OF THE SENATE 300 (5) To the Vermont housing and conservation board, on a one-time basis, for emergency housing activities. The board shall assess proposals for these funds with priorities given to projects which: (A) relieve burdens in the state’s tightest rental housing markets; (B) can leverage project-based rental assistance to best serve very low income households with incomes below 30 percent of median; (C) create mixed income communities or enhance the economic diversity of communities provided a percentage of units are set aside for very low income Vermonters, including households below 30 percent of median; (D) prevent displacement of low income Vermonters or alleviate health and safety burdens, or both; (E) are located in communities experiencing high rates of homelessness; (F) provide $300,000.00 one-time assistance to alleviate the backlog in requests for home access modifications; (G) leverage funds not normally available to the state or which would otherwise go unused. $6,000,000 (6) To the office of the treasurer for the creation and management of a higher education endowment fund. $6,000,000 (7) To the Vermont state colleges for information technology upgrades. $750,000 (8) To department of travel and tourism, a one-time funding enhancement to include $1,250,000.00 for the media partnership initiative, $250,000.00 for software, $250,000.00 for international marketing, and $150,000.00 for the Vermont film bureau. $1,900,000 (9) To the Vermont economic development authority for recapitalization of the farm debt program. $3,500,000 (10) To the department of economic development for a grant to the Northern Community Investment Corporation . These funds shall only be released in the event that said funds are necessary and will result in establishment of a call center in the northeast kingdom. $250,000 (11) To the department of economic development for a grant to the Barre Area Development Corporation. The purpose of the appropriation is to assist in the development of incubator space in the Barre area. These funds shall only be released when the grantee documents they have obtained $500,000.00 from other non-state sources. $ 250,000 301 SATURDAY, MAY 15, 1999 (12) To department of housing and community affairs for the Mount Independence historical site to provide funding to be matched with private funds for an education coordinator. $20,000 (13) To the Vermont council on the humanities for the early reading initiative. $25,000 (14) To the department of forests, parks and recreation for rehabilitation of the state park system. A minimum of $50,000.00 of such funds shall be used for lean-to construction by the Vermont Youth Conservation Corps. $2,900,000 (15) To the agency of natural resources for restoration of the “Gordon House”. $465,000 (16) To the department of fish and wildlife for purchase of equipment for game wardens. $75,000 (17) To the department of agriculture, food and markets, first, for the construction of a $20,000 sugar shack for the Orleans County fair to be paid by June 15, 1999 and, second, for a competitive grants program of $180,000 for state fair capital projects. No single entity shall be awarded more than 20% of the total appropriated amount. $200,000 (18) To the department of agriculture, food and markets for a one time funding enhancement for agricultural development and promotion programs including promotion of the apple industry at $70,000. $470,000 (19) To the department of agriculture for start-up costs of the “Two- plus-Two” agriculture bachelor’s degree program at Vermont Technical College and the University of Vermont. $56,240 (20) To the department of social welfare for a computer system upgrade, including $1,800,000.00 in federal funds and the following from the general fund surplus reserve. $200,000 (21) To the department of social welfare for hearing aids for Medicaid recipients, $434,000.00 in federal funds, and the following in general funds. $266,000 (22) To the department of social welfare for cost management studies and review of the administration of the VScript program. $91,500 (23) To the department of aging and disabilities – vocational rehabilitation for pressure mapping devices for use in wheelchair clinics. $16,500

JOURNAL OF THE SENATE 302 (24) To the department of aging and disabilities to partially match the Robert Wood Johnson community partnerships for end of life care grant. $10,000 (25) To the department of corrections for fixtures and equipment at the correctional facility in Newport. $190,000 (26) To the department of health for a one-to-one matching grant program for infant car seats. $20,000 (27) To the office of economic opportunity for pilot programs for repairing and recycling used automobiles for low income people. $50,000 (28) To the department of social and rehabilitation services for continued legal services for adoption activities. $48,000 (29) To the Vermont council on the arts for the Vermont millennium arts project. $75,000 (30) To the Vermont council on the arts for a grant to the Burlington city arts program for capital investment to renovate the Ethan Allen Firehouse into the firehouse arts center. $10,000 (31) To the Vermont Council on the arts for the state song. $5,000 (32) To the department of education for school construction aid obligations made prior to Act 60 of 1997. $3,000,000 (33) To the department of education for a one-time funding enhancement for the Vermont Center for the Book. $25,000 (34) To the department of education to combat hate, intolerance and discrimination in public education and to promote interracial and intercultural understanding. $50,000 (35) To the department of education for support of debate and forensic speaking programs. $15,000 (36) To the department of education for electronic debit cards in the child nutrition programs. $44,000 (37) To the department of education, for $25,000.00 grants for Bennington and Addison counties for the purpose of planning career academies co-located with postsecondary institutes and the planning of related governance activities. $50,000 (38) To the department of education for a supplemental one-time grant to the Child and Adult Care Food Program. $50,000 303 SATURDAY, MAY 15, 1999 (39) To the judiciary for technology enhancements, to replace court reporting equipment, and a family court best practices study. $330,000 (40) To the department of libraries for the state law library. $50,000 (41) To the department of libraries, to meet budget pressures caused by maintaining service at the Southeast regional library during the study period as follows: (A) the Southeast Regional Library shall remain open through June 30, 2000; (B) a study committee is hereby created consisting of the director of the state department of libraries or his or her designee as chair, an appointee of the Board of the Brooks Memorial Library in Brattleboro, an appointee of the superintendent of schools or his or her designee in the Southeast supervisory union, and two citizen users of the regional library and one regional librarian not associated with the Southeast regional library appointed by the governor. The committee shall look at the impacts of closure on fees, charges and services of libraries in the southeast region, the importance of the regional library to the geographic area of the state and the service implications of the closure, and the availability of substitute services and resources for the region. Findings and recommendations to mitigate the impact of closure shall be reported to the governor, the house and senate committees on education and appropriations by November 15, 1999. $10,000 (42) To the department of personnel for a classification system study. $80,000 (43) To the department of public safety for a microwave communications systems. The department of public safety, with the assistance of a users group, shall design and implement a microwave communications system for the state of Vermont. The users group shall consist of the following members: two sheriffs, designated by the president of the Vermont Sheriffs Association, one to represent a highly populated county and the other shall represent a less populated county; two chiefs of police, designated by the president of the Vermont Chiefs of Police Association, one to represent a large police department and the other shall represent a small police department; one representative of the Vermont Firefighters Association, designated by that association; one fire chief, designated by the Vermont Fire Chiefs Association; one representative of the Vermont Emergency Medical Services Association, designated by that association; one representative of the Vermont agency of transportation, designated by the secretary of that agency; and one representative of the Vermont National Guard, designated by the adjutant general. $2,000,000

JOURNAL OF THE SENATE 304 (44) To the Vermont historical society for a capital campaign. $250,000 Sec. 267a. REALLOCATED FY 1999 ONE-TIME APPROPRIATIONS Of the $200,000.00 appropriated in Sec. 87a(F) of Acts No. 1 of the Acts of 1999, to the Vermont council on the arts in coordination with Friends of the State House for art acquisition, $25,000.00 shall be redirected to the Vermont millennium arts project. Sec. 267b. FY 1999 SURPLUS ONE-TIME APPROPRIATIONS In fiscal year 2000, all funds in the general fund surplus reserve established in Sec. 277(5) of Act No. 47 of the Acts of 1998 and amended in Sec. 88 of Act No. 1 of the Acts of 1999 are hereby appropriated to the secretary of administration for transfer and use by the department of education for school construction. Sec. 267c. GENERAL FUND FISCAL YEAR 2000 ONE-TIME APPROPRIATIONS The following amounts are appropriated from the general fund to the secretary of administration, for transfer and use by the referenced departments as indicated in fiscal year 2000: (1) To the secretary of administration for the 27th payday in fiscal year 2000; $4,281,120 (2) To the department of taxes for fiscal year 2000 expenses related to property tax prebates; $250,000 (3) To the department of corrections for the nonfederal share of the construction of a new 350-bed facility. This appropriation is made consistent with the conditions described in Sec. 267(1) of this act; $7,000,000 (4) To the department of buildings and general services for ADA compliance in state owned buildings; $550,000 (5) To the commissioner of education for expenses relating to the planning, preparation and advance arrangements for the Vermont All-State Music Festival to be hosted in Burlington, Vermont in the year 2002. Any amount appropriated and not expended in fiscal year 2000 shall not revert but shall carry over for expenditure for this purpose until the end of fiscal year 2002; $25,000 (6) To the fire service training council for grants to local fire departments for breathing apparatus; $200,000 305 SATURDAY, MAY 15, 1999 (7) For transfer to the downtown transportation and capital improvement special fund. The appropriation shall be used for projects on a one-time basis and shall not commit future resources to said projects. No one entity funded from this appropriation shall receive more than $75,000; $200,000 (8) To the department of agriculture, food and markets for the purchase of a liquid chromatography mass spectrometer; $80,000 (9) To the department of social and rehabilitation services for ADA training in child care facilities; $25,000 (10) To the agency for natural resources for payment of sewer fees of $500.00 to the Randolph Water and Sewer Department for each connection of the Lake Champagne Campground to connect up to a total of 32 connections to replace existing septic systems currently located within the Randolph Center fire district well head protection area. $16,000 Sec. 268. GENERAL FUND TRANSFERS AND APPROPRIATIONS Notwithstanding any other provisions of law, the fiscal year 2000 unreserved undesignated general fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 2000 is hereby transferred and appropriated as available in the following order: (1) First, an amount not to exceed $1,500,000.00 may be transferred to the transportation budget stabilization reserve to bring the reserve to its statutory maximum; (2) Second, the necessary portion of the balance shall be transferred to the general fund budget stabilization reserve to attain its statutory maximum; (3) Third, $3,600,000.00 is hereby appropriated to the secretary of administration for transfer to the department of finance and management for acquisition and implementation of the finance and management information system; (4) Fourth, subject to the conditions in Sec. 267(2) of this act, $4,930,000.00 is appropriated to the secretary of administration for transfer to the department of buildings and general services for construction, remodeling and enlargement of the Springfield vocational technical center and the purchase of equipment for the facility. In the event that all or a part of this appropriation does not occur due to insufficient unreserved undesignated balances, the secretary of administration shall include that amount not appropriated in the recommended capital bill for fiscal year 2001. It is the intent of the general assembly that any necessary amount to fully fund this appropriation be provided through bonded funds in fiscal year 2001;

JOURNAL OF THE SENATE 306 (5) Fifth, $750,000.00 is hereby appropriated to the secretary of administration for transfer to the department of buildings and general services for ADA compliance in state buildings; (6) Sixth, any remaining fund balance after subdivisions (1), (2), (3) (4) and (5) of this section shall be transferred to the general fund surplus reserve created within the general fund by the general assembly in Act No. 1 of 1999. Sec. 269. [Deleted.] Sec. 270. TRANSPORTATION FUND APPROPRIATIONS AND TRANSFERS (a) The amount of $1,980,102.00 is appropriated from the transportation fund to the secretary of administration for the 27th payday in fiscal year 2000, for transfer to departments upon approval of the secretary of administration. (b) The amount of $400,000.00 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. 271. REPEAL Sec. 48(g) of No. 50 of the Acts of 1997 (sunset on property transfer tax exemption) is repealed. Sec. 272. 32 V.S.A. § 9602(1) is amended to read: (1) with respect to the transfer of property to be used for the principal residence of the transferee the tax shall be imposed at the rate of five-tenths of one percent of the first $100,000.00 in value of the property transferred and at the rate of one and one quarter percent of the value of the property transferred in excess of $100,000.00, provided that no tax shall be imposed on the first $100,000.00 in value of the property if, in connection with the transfer, a guaranty fee is paid to the Vermont home mortgage guarantee program in accordance with section 387 of Title 10 the purchaser obtains a purchase money mortgage that the Vermont housing finance agency has committed to make or purchase; Sec. 272a. 20 V.S.A. § 45 is added to read: § 45. EMERGENCY RELIEF AND ASSISTANCE (a) If a state of emergency due to a natural disaster is declared by the governor, the emergency board established by 32 V.S.A. § 131 may authorize the secretary of administration to expend such funds necessary to meet match requirements for federal grants and to award low interest loans and grants to 307 SATURDAY, MAY 15, 1999 municipalities that sustain damage to public infrastructure as a result of a natural disaster and to persons whose homes, farms or businesses are damaged by a natural disaster. Assistance under this section may supplement assistance provided through federal and local emergency assistance programs, but eligibility for federal or local assistance shall not be required for eligibility under this section. Funds utilized under this section shall be distributed in accordance with criteria and procedures established by rule by the secretary of administration. (b) In any fiscal year up to two percent of the amount of the general fund budget stabilization reserve established by 32 V.S.A. § 308 may be expended to provide for emergency relief and assistance under this section. Upon the occurrence of the contingencies and conditions set out in subsection (a) of this section, such amounts are appropriated and may be expended for this purpose. (c) Annually, the secretary of administration shall submit a report detailing any expenditures for disaster relief and assistance under this section to the general assembly. Sec. 272b. REPEAL 3 V.S.A. § 2225 (establishing an emergency relief and assistance fund) is repealed. Sec. 272c. MATCH FOR FEMA DISASTER RELIEF; JANUARY, 1998 ICE STORM $300,000.00 is hereby appropriated from the emergency relief and assistance special fund to the agency of commerce and community development, to meet the state’s commitments to communities to assist with recovery costs related to the January 1998 ice storm. This appropriation is made in lieu of the joint fiscal committee determination stipulated in Sec. 268b of No. 147 of the Acts of 1998. Sec. 272d. 3 V.S.A. § 1101(b)(9) is added to read: (9) Staff employed by the center for crime victims and victims advocates. Sec. 273. [Deleted.] Sec. 274. TOBACCO PREVENTION, CESSATION AND CONTROL In order to develop a comprehensive statewide approach to tobacco prevention, cessation and control: (a)(1) A tobacco prevention, cessation and control task force is created and charged with development of a comprehensive statewide plan, and an

JOURNAL OF THE SENATE 308 institutional structure and financing approach for effective tobacco prevention, cessation and control in Vermont. (2) The task force shall consist of the attorney general, the commissioner of health and the commissioner of education, or their designees; two members of the house of representatives, one from the committee on health and welfare and one member appointed from either the committee on ways and means or appropriations by the speaker of the house, two members of the senate, one member from the committee on health and welfare and one member from either the committee on finance or appropriations appointed by the committee on committees; the director of the UVM office of health promotion research; one public member from the medical community selected by the governor; and an advocate on behalf of the low income community in Vermont and a nonprofit anti-tobacco advocate to be selected by the other members of the task force. Legislative and public members shall be entitled to compensation and reimbursement for expenses under 2 V.S.A. § 406 and 32 V.S.A. § 1010, respectively. (3) The task force shall coordinate its work with the department of health public hearing process. The task force shall have the assistance of the office of the attorney general, the department of health, the department of education, the legislative council, and the joint fiscal office. (4) The task force shall propose to the general assembly and the governor on or before November 15, 1999 a plan and related legislative proposals for the following matters, and shall thereupon cease to exist: (A) Long-term strategies including but not limited to the following: (i) A long-term oversight structure to implement and administer statewide tobacco prevention, education and control programs. (ii) A long-term sustainable financial plan and related trust fund or similar public finance mechanism. (iii) Strategies for implementing effective tobacco control and prevention activities including anti-addiction programs accessible to all Vermonters, creating and fostering anti-tobacco advertising, establishing community outreach programs, supporting tobacco control enforcement and program evaluation activities. (iv) A plan for coordinating and integrating, to the extent possible, Vermont’s tobacco prevention, cessation and control activities with successful alcohol and substance abuse programs. (B) Short-term activities and proposed itemized expenditures for implementing effective tobacco prevention, cessation and control programs 309 SATURDAY, MAY 15, 1999 and activities, including proposals for coordinating and integrating such programs with successful alcohol and substance abuse programs, for inclusion in the FY 2000 budget adjustment and the FY 2001 appropriations process. (C) $70,000.00 is appropriated in fiscal year 2000 from the Vermont tobacco litigation settlement fund to the legislature to provide staff, consultant and technical resources to the tobacco prevention, cessation and control task force charged with development of a comprehensive statewide plan, an institutional structure and financing approach for effective tobacco prevention, cessation and control in Vermont. Sec. 275. TOBACCO STRATEGIC CONTRIBUTION PAYMENTS (a) The treasurer with the advice of the office of the attorney general, shall study the potential revenue that could be generated through the sale of the state’s tobacco strategic contribution payments income stream. The results of this study shall be presented to the joint fiscal committee on October 15, 1999 for discussion at its November 1999 meeting. Sec. 275a. 32 V.S.A. § 435a is added to read: § 435a. TOBACCO LITIGATION SETTLEMENT FUND (a) A tobacco litigation settlement fund shall be established in the state treasury, separate from the general fund and any other fund, for the support of tobacco use prevention, cessation and control, and for other health care purposes. (b) Into the fund shall be deposited all monies received by the state in connection with the Master Tobacco Settlement Agreement between members of the tobacco industry and the state approved by the Vermont superior court on December 14, 1998 and finalized in Vermont on January 13, 1999, and any interest that accrues on the balance of such monies. (c) Of the balance in the tobacco litigation settlement fund, $19,200,000 is hereby reserved for the sole purpose of long-term sustainable tobacco education, prevention, cessation and control programs and the trust fund proposal developed in accordance with subdivision (a)(4)(A)(iii) of Sec. 274 of this act. Sec. 275b. 32 V.S.A. § 586 is amended to read: § 586. APPLICATION The provisions of this subchapter shall not apply to funds established to account for proceeds from the sale of bonds, to the general fund, the transportation fund, the fish and wildlife fund, the tobacco litigation settlement fund, or to any federal revenue funds, trust funds, enterprise funds, internal

JOURNAL OF THE SENATE 310 service funds, or agency funds, or to public service enterprise funds established to implement provisions of sections 211 and 212a through 212f of Title 30; the budget stabilization reserves created by sections 308 and 308a of this title; the low-level radioactive waste fund created by section 7013 of Title 10; the Vermont campaign fund created by section 2856 of Title 17; or the education fund created by section 4025 of Title 16. Sec. 276. GRANTS The following grant is hereby accepted and appropriated to the department indicated for the purpose specified by the grantor, to become effective upon passage. JFO #1853 - $387,874 Children’s Health Insurance Program (CHIP) grant from the U.S. Department of Health and Human Services to the Department of Social Welfare. This grant will be used to provide the federal funding to create a new state health insurance program to cover children up to age 18 in families with incomes between 225 and 300 percent of the federal poverty level. Sec. 277. EFFECTIVE DATES (a) This section and Secs. 44a, 57a, 118a, 128b, 133, 168a, 196a, 263a, 263b, 267, 267a, 267b, 272c, 275 and 276 shall be effective on passage. (b) Secs. 259(b) and 260 shall be effective on passage and shall apply from July 1, 1998. (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. GEORGE B. SPAULDING ROBERT D. IDE SUSAN J. BARTLETT Committee on the part of the Senate SALLY G. FOX RICHARD A. WESTMAN CAROLYN S. KEHLER Committee on the part of the House Addendum to Report of the Committee of Conference on H. 554 First: On page 115, after Sec. 157, by adding a new section to be numbered Sec. 157a to read as follows: Sec. 157a. WORKFORCE EDUCATION AND TRAINING 311 SATURDAY, MAY 15, 1999 (a) There is hereby created a Workforce Education and Training Fund in the department of employment training to be managed in accordance with subchapter 5 of chapter 7 of Title 32. (b) The sum of $1,500,000 is hereby appropriated for transfer from the general fund debt service reserve to the Workforce Education and Training Fund. (c) These funds are hereby appropriated and shall be used exclusively for the purposes of workforce education and training to improve the skills of Vermont unemployed and underemployed workers. (d) The commissioner shall use the funds to make awards on a competitive basis to private and public higher education institutions, technical centers, and programs offering postsecondary courses in collaboration with business, to enhance the quality of the Vermont workforce and increase its number of highly skilled workers. The commissioner shall give preference to programs and projects that test innovative and collaborative approaches to workforce development, and to the linking of workforce-education and economic development strategies. The commissioner may continue to fund a program or project which demonstrates that it has resulted in increased income and economic opportunity for employees and employers. (e) In making awards from the fund, the commissioner shall use criteria developed by the human resources investment council which shall include the following: (1) Proposals which address the needs of workers who are unemployed, underemployed or are at risk of becoming unemployed due to new demands in the workplace. (2) Proposals which will lead to jobs paying 200 percent of the current minimum wage or 150 percent, including benefits. (3) Proposals which improve the productivity and job security of incumbent workers by addressing the need to upgrade skills. (4) Proposals which do not duplicate, supplant or replace other programs funded with public money. (f) The commissioner shall, in collaboration with the human resources investment council, develop evaluation standards to measure the effectiveness of the programs and projects funded by the grant awards. By January 15, 2000 the commissioner shall submit a report of awards made and the effectiveness of the funded programs and projects. (g) The commissioner in collaboration with the human resource investment council shall develop a plan for an on going funding source for this program.

JOURNAL OF THE SENATE 312 Second: In Sec. 222, subsection (a), on page 150, by striking out the figure: “$4,165,589.00” and inserting in lieu thereof the figure $2,665,589.00 GEORGE B. SPAULDING ROBERT D. IDE SUSAN J. BARTLETT Committee on the part of the Senate SALLY G. FOX RICHARD A. WESTMAN CAROLYN S. KEHLER Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference? was decided in the affirmative on a roll call, Yeas 26, Nays 3. Senator Shumlin, having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Brownell, Canns, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Illuzzi, Kittell, Leddy, MacDonald, Maynard, Mazza, McCormack, Morrissey, Munt, Ptashnik, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: Bahre, Bloomer, Ready. Those Senators absent and not voting were: Chard. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Rules Suspended; Report of Second Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Second Committee of Conference on House bill entitled: H. 158. An act relating to litter enforcement and municipal recycling services. Was taken up for immediate consideration on a roll call, Yeas 23, Nays 6, the requisite three-fourths majority having been attained. 313 SATURDAY, MAY 15, 1999 Senator Bahre, having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Bloomer, Brownell, Crowley, Cummings, Doyle, Greenwood, Illuzzi, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: Bahre, Canns, Costes, Ide, Maynard, Morrissey. Those Senators absent and not voting were: Chard. Senator Ready, for the Second Committee of Conference, submitted the following report: To the Senate and House of Representatives: The Second Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled: H. 158. An act relating to litter enforcement and municipal recycling services. Respectfully report that they have met and considered the same and recommend that the Senate recede from its proposals of amendment and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following: * * * Judicial Bureau * * * Sec. 1. 4 V.S.A. § 1101 is amended to read: § 1101. DEFINITIONS As used in this chapter: (1) “Bureau” means the judicial bureau. (2) “Complaint” means a fish and wildlife complaint as provided in 10 V.S.A. § 4573, a littering or illegal dumping complaint as provided in 24 V.S.A. § 2201, a traffic complaint as provided in 23 V.S.A. § 2303, and a municipal complaint as provided in 24 V.S.A. § 1977. (3) “Violation” means a minor fish and wildlife violation as defined in 10 V.S.A. § 4572, a littering or illegal dumping violation as provided in 24 V.S.A. § 2201, a traffic violation as defined in 23 V.S.A. § 2302, and a civil ordinance violation as provided in 24 V.S.A. § 1974a.

JOURNAL OF THE SENATE 314 Sec. 2. 4 V.S.A. § 1102(b)(6) is added to read: (b) The bureau shall have jurisdiction of the following matters: * * * (6) violations of 24 V.S.A. § 2201, relating to littering and illegal dumping. * * * Littering Prohibition * * * Sec. 3. 24 V.S.A. § 2201 is amended to read: § 2201. THROWING, DEPOSITING, AND DUMPING REFUSE,; PENALTY; SUMMONS AND COMPLAINT (a) Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit or, cause, or permit to be thrown, dumped, or deposited, bottles, glass, crockery, cans, scrap metal, plastic, solid waste as defined in 10 V.S.A. § 6602, junk, paper, garbage, old automobiles, or parts thereof, refuse of whatever nature, or any noxious thing on lands of others or within 300 feet of the lands of others, public or private, or into the waters of this state, or on the shores or banks thereof or on or within view of a public highway. It shall be prima facie evidence that a person who is identifiable from an examination of the refuse, that is illegally dumped, is the person who violated a provision of this section. (b) Prosecution of violations. A person who violates a provision of this section shall be fined commits a civil violation and shall be subject to a civil penalty of not more than $500.00 or imprisoned not more than ten days, or both. This violation shall be enforceable in the judicial bureau pursuant to the provisions of chapter 29 of Title 4 in an action that may be brought by a municipal attorney, solid waste management district attorney, grand juror, or designee of the legislative body of the municipality, or by any duly authorized law enforcement officer. If the throwing, placing, or depositing was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, placing, or depositing was done by the driver of such motor vehicle. Nothing in this section shall be construed as affecting the operation of an automobile graveyard or junkyard as defined in section 2241 of this title, nor shall anything in this section be construed as prohibiting the installation and use of appropriate receptacles for solid waste provided by the state or towns. Sanitary land fills, recycling centers, and incinerators maintained pursuant to section 2202 of this title; and solid waste from mining, quarrying, farming operations, or logging and sawmill operations are exempt from the restrictions set forth above concerning the distance of 300 feet and visibility from a public highway. 315 SATURDAY, MAY 15, 1999 (c) Roadside cleanup. A person convicted of a found in violation of this section may be assigned to spend up to 80 hours collecting trash or litter from a specified segment of roadside or from a specified area of public property. (d) The commissioner of motor vehicles shall suspend the motor vehicle operator's license or operating privilege of a person convicted under found in violation of this section for a period of ten days if the court finds that the person convicted was the operator of a motor vehicle at the time of the violation person fails to pay the penalty set forth in subsection (b) of this section. This provision shall not apply if the only evidence of violation is the presumption set forth in subsection (b) of this section. The court bureau shall immediately notify the commissioner of the department of motor vehicles of the conviction entry of judgment. (e) The commissioner of fish and wildlife shall revoke the privilege of a person convicted under found in violation of this section from holding a hunting or fishing license, or both, for a period of one year from the date of the conviction, if the court finds that the person convicted was engaged in hunting or fishing at the time of the offense person fails to pay the penalty set forth in subsection (b) of this section. The court bureau shall immediately notify the commissioner of fish and wildlife of the conviction entry of judgment. (f) Summons and complaint. (1) Upon a determination that a person has violated this section, a person authorized to enforce this section shall file a complaint against the person with the judicial bureau. (2) In all littering and illegal dumping cases, the summons and complaint shall be in a form prescribed by the supreme court and known as the “littering and illegal dumping complaint.” (3) The complaint shall be signed by the issuing person. The original shall be filed with the judicial bureau, a copy shall be retained by the issuing person, and two copies shall be given to the defendant. (4) The complaint shall contain a description of the provision of this section allegedly violated, the allegations, the amount of the waiver penalty and the full penalty, and an explanation of rights and instructions on answering the allegations. The complaint shall also contain, in boldface print, the following: (A) IF YOU ADMIT TO A VIOLATION OF THE LITTERING AND ILLEGAL DUMPING PROHIBITIONS OR IF YOU DO NOT CONTEST THE ALLEGATIONS, SIGN THE COMPLAINT ADMITTING THE VIOLATION OR STATING THAT THE ALLEGATIONS ARE NOT CONTESTED AND SEND IT TO THE JUDICIAL BUREAU WITHIN 20

JOURNAL OF THE SENATE 316 DAYS WITH PAYMENT IN THE AMOUNT OF THE WAIVER PENALTY. (B) IF YOU WANT TO DENY THE ALLEGATIONS IN THIS COMPLAINT, YOU MUST SEND A SIGNED DENIAL TO THE JUDICIAL BUREAU WITHIN 20 DAYS. IF YOU SEND IN A DENIAL, YOU WILL RECEIVE A DATE FOR YOUR TRIAL FROM THE JUDICIAL BUREAU. IF YOU LOSE THE CASE AFTER A TRIAL, YOU WILL BE ORDERED TO PAY A PENALTY IN AN AMOUNT NOT LESS THAN THE WAIVER PENALTY AND NOT MORE THAN THE FULL PENALTY. (C) IF YOU DO NOT ANSWER THIS COMPLAINT WITHIN 20 DAYS, OR IF YOU DENY THE ALLEGATIONS IN THE COMPLAINT AND FAIL TO APPEAR FOR THE HEARING, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU IN THE AMOUNT OF THE FULL PENALTY. THE FAILURE TO PAY THE PENALTY ASSESSED WILL RESULT IN FURTHER LEGAL ACTION AGAINST YOU. (D) IF YOU ADMIT OR DO NOT CONTEST OR DO NOT ANSWER, YOU WILL BE LIABLE TO THE STATE OF VERMONT FOR THE AMOUNT INDICATED IN THE COMPLAINT. (g) Amendment of complaint. A person authorized to enforce this section may amend or dismiss a complaint issued by that person by marking the complaint and returning it to the judicial bureau. At the hearing, a person authorized to enforce this section may amend or dismiss a complaint issued by that person, subject to the approval of the hearing judge. (h) Waiver penalty. The administrative judge shall appoint a panel of judicial bureau hearing officers to establish a waiver penalty for a violation of this section. * * * Bottled Water * * * Sec. 4. 10 V.S.A. § 1673(f) is amended to read: (f) A person shall not sell imported or domestic containerized, bottled or packaged drinking water in the state of Vermont unless: (1) the water and the source and system of the imported water is regulated by drinking water standards or requirements substantially equivalent to or more stringent than standards or requirements established by the secretary pursuant to subsection 1672(b) of this title and the importer of the water has presented certification of such standards; 317 SATURDAY, MAY 15, 1999 (2) the water and the source and system of the domestic drinking water meet the standards or requirements established by the secretary pursuant to subsection 1672(b) of this title; and (3) the water is labeled to show the amounts of arsenic, lead, sodium, and nitrates it contains, together with the amounts of any other chemicals, minerals or contaminants as required by the secretary. The label shall also indicate that further information about the water is available from the agency; and (4) the name, source, and the location of the bottler of spring or, artesian, or municipal water are identified. * * * Waste Mercury * * * Sec. 5. 10 V.S.A. § 6621d(a) is amended to read: (a) Labeling. A Effective March 1, 2000, a manufacturer or wholesaler may not sell at retail in this state, to a retailer in this state, or for use in this state, and a retailer may not knowingly sell, any of the following items at retail if they contain mercury added during manufacture, unless the item is labeled. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater. Primary responsibility for affixing labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer. By October 1, 1999, each manufacturer required to label by this section shall certify to the agency of natural resources that it has developed a labeling plan for its mercury-added products that complies with this section and any administrative labeling rule adopted by the agency of natural resources and that this labeling shall be implemented for products manufactured after March 1, 2000. The labeling plan shall include detailed descriptions of the products involved and the label size, material, content, location, and attachment method for each product and for the product packaging, where necessary under the rules, so a label is clearly visible at time of purchase. The plan must be submitted to the agency with the certification. Items to be labeled are: (1) A thermostat or thermometer. (2) A switch, individually or as part of another product. (3) A medical or scientific instrument. (4) An electric relay or other electrical device. (5) A lamp.

JOURNAL OF THE SENATE 318 (6) A battery, sold to the public, other than a button battery. * * * Recycling Centers * * * Sec. 6. 24 V.S.A. § 2203b is amended to read: § 2203b. FLOW CONTROL RECYCLING CENTERS (a) When Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may exercise control over the solid wastes to be recycled, if such control does not adversely affect a private recycling center or intermediate processing facility that pre-existed the municipal operation establish requirements for the management of such a center or facility. (b) When a municipality does not provide for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, but a private recycling center or intermediate processing facility exists, the municipality shall not exercise control over solid waste beyond the extent that control adversely affects an existing private recycling center or intermediate processing facility. If a municipality had, prior to the effective date of this section, a contract for the delivery of solid waste, it may exercise control over such portion of solid waste as may be necessary to meet its contractual commitment. (c) For the purposes of this section Titles 10, 24, and 32, recycling means the process of utilizing solid waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products. (d) The provisions of this section shall not apply to hazardous waste. ELIZABETH M. READY MARK A. MacDONALD HELEN S. RIEHLE Committee on the part of the Senate MARY M. SULLIVAN BETTY A. NUOVO Committee on the part of the House Thereupon, the question, Shall the Senate accept and adopt the report of the Second Committee of Conference? was decided in the affirmative. 319 SATURDAY, MAY 15, 1999 Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith.

JOURNAL OF THE SENATE 320 Rules Suspended; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled: H. 48. An act relating to City of Burlington charter. Was taken up for immediate consideration. Senator Rivers, for the Committee on Finance, to which the bill was committed, reported that the bill ought to pass in concurrence. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence forthwith. Thereupon, the bill was read the third time and passed in concurrence. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith. Rules Suspended; Third Reading Ordered; Rules Suspended; Proposals of Amendment; Point of Order; Rules Suspended; Bill Passed in Concurrence with Proposals of Amendment; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled: H. 532. An act relating to professions and occupations. Was taken up for immediate consideration. Senator Ankeney, for the Committee on Government Operations, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill as follows: First: By striking out Sec. 2 in its entirety and inserting in lieu thereof the following: Sec. 2. 3 V.S.A. § 129 is amended to read: § 129. POWERS OF BOARDS; DISCIPLINE PROCESS (a) In addition to any other provisions of law, a board may exercise the following powers: * * * [Text Not Reproduced] * * * 321 SATURDAY, MAY 15, 1999 (10) Adopt rules governing the issuance of licenses to practice, to persons licensed and in good standing to practice in another jurisdiction, that authorize the holder of the license to practice in this state for no more than 10 days or 80 hours in any calendar year upon payment of the required fee; however, no fee shall be charged if the applicant’s practice will be limited to providing services on a pro bono basis at a free health or dental care clinic. (11) For good cause shown, waive fees when a license is required to provide services on a pro bono basis or in accordance with standards established by the board by rule. * * * [Text Not Reproduced] * * * (d) A board shall notify parties, in writing, of their right to appeal final decisions of the board. A board or the director shall also notify complainants in writing of the result of any disciplinary investigation made with reference to a complaint brought by them to the board or director. When a disciplinary investigation results in a stipulation filed with the board, the board or the director shall provide the complainant with a copy of the stipulation and notice of the stipulation review scheduled before the board. The complainant shall have the right to be heard at the stipulation review. * * * [Text Not Reproduced] * * * (l) In any proceeding under this section which addresses an applicant’s or licensee’s alleged sexual misconduct, evidence of the sexual history of the victim of the alleged sexual misconduct shall neither be subject to discovery nor be admitted into evidence. Neither opinion evidence of nor evidence of the reputation of the victim’s sexual conduct shall be admitted. Second: By adding a new Sec. 5a to read as follows: Sec. 5a. 26 V.S.A. § 121(7) is added to read: (7) “Technical submissions” means designs, drawings, specifications, studies and other technical reports prepared in the course of executing a portion of a construction project. Third: By adding a new Sec. 5b to read as follows: Sec. 5b. 26 V.S.A. § 210 is amended to read: § 210. UNPROFESSIONAL CONDUCT Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3: (1) assisting the application for licensure of a person known by the licensee to be unqualified in respect to education, training or experience;

JOURNAL OF THE SENATE 322 (2) accepting compensation for services from more than one party on a project unless the circumstances are fully disclosed and agreed to by all interested parties; (3) failing to disclose fully in writing to a client or employer the nature of any business association or direct or indirect financial interest substantial enough to influence the licensee's judgment in the performance of professional services; (4) soliciting or accepting compensation from material or equipment suppliers in return for specifying or endorsing their products; (5) rendering decisions favoring either party to a contract when acting as interpreter of building contract documents and judge of contract performance; (6) failing to disclose compensation for making public statements on architectural questions; (7) offering or making any payment or gift to an elected or appointed government official with the intent to influence the official's judgment in connection with a prospective or existing project in which the licensee is interested; (8) offering or making any gifts of other than nominal value, including reasonable entertainment and hospitality, with the intent to influence the judgment of an existing or prospective client in connection with a project in which the licensee is interested; (1)(9) practicing or offering to practice beyond the scope permitted by law; (10) knowingly designing a project in violation of applicable state and local building laws and regulations; (2)(11) accepting and performing responsibilities which the licensee knows or has reason to know that he or she is not competent to perform or undertaking to perform professional services in specific technical areas in which the licensee is not qualified by education, training and experience; (12) failing to practice with reasonable care and competence and to apply the technical knowledge and skill ordinarily applied by licensees practicing in the same locality; (3)(13) making any wilful material misrepresentation with respect to the qualifications of or experience of an applicant or otherwise in the practice of the profession, whether by commission or omission; 323 SATURDAY, MAY 15, 1999 (4)(14) agreeing with any other person, as defined in 1 V.S.A. § 128, or subscribing to any code of ethics or organizational bylaws, when the intent or primary effect of that agreement, code or bylaw is to restrict or limit the flow of information concerning alleged or suspected unprofessional conduct to the board; (15) failing to report to the board knowledge of a violation of these rules by another licensee; (16) failing to report to the public official charged with enforcement of applicable state or municipal building laws and regulations any decision taken by the licensee's employer or client, against the licensee's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensee's judgment, materially affect adversely safety to the public or the finished project; (5)(17) acting, while serving as a board member, in any way to contravene willfully the provisions of this chapter and thereby artificially restricting the entry of qualified persons into the profession; (6)(18) using the licensee's seal on drawings prepared by others not in the licensee's direct employ, or using the seal of another; (19) inaccurately representing to a prospective or existing client or employer the licensee's qualifications and scope of responsibility for work for which the licensee claims credit; (20) signing or sealing technical submissions unless they were prepared by or under the responsible control of the licensee; except that (A) the licensee may sign or seal those portions of the technical submissions that were prepared by or under the responsible control of persons who are licensed under this chapter if the licensee has reviewed and adopted in whole or in part such portions and has either coordinated their preparation or integrated them into his or her work, and (B) the licensee may sign or seal those portions of the technical submissions that are not required by this section to be prepared by or under the responsible control of a licensee if the licensee has reviewed and adopted in whole or in part such submissions and integrated them into his or her work. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation. Any licensee signing and sealing technical submissions not prepared by that licensee but prepared under the licensee's responsible control by persons not regularly employed in the office where the licensee is resident shall maintain and make available to the board upon request, for at least five years following

JOURNAL OF THE SENATE 324 such signing and sealing, adequate and complete records demonstrating the nature and extent of the licensee's control over and detailed knowledge of such technical submissions throughout their preparation; (21) in each office maintained for preparation of drawings, specifications, reports or other professional work, failing to have a licensee with direct knowledge and supervisory control of such work resident and regularly employed in that office. Fourth: By striking out Sec. 17 in its entirety and inserting in lieu thereof the following: Sec. 17. 26 V.S.A. § 2803 is amended to read: § 2803. EXEMPTIONS The prohibitions in section 2802 of this title shall not apply to dentists licensed under chapter 13 of this title and actions within their scope of practice nor to: (1) Licensed practitioners acting within the scope of practice for their licensed field, provided that their practice acts and rules adopted thereunder make provisions for radiation safety and proper radiation practices determined in consultation with the board; (2) Students of medicine, dentistry, podiatry, chiropody naturopathic medicine or chiropractic when participating in a program approved or recognized by the board of medical practice, dentistry or chiropractic, as appropriate, and when under the supervision of an instructor who is a licensed practitioner and when acting within the scope of practice for that licensed practitioner's field; * * * [Text Not Reproduced] * * * (6) Individuals who are completing a course of training for limited radiographic licensure as required in subsection 2821(c) of this title and who work under direct personal supervision of a licensed practitioner. The exemption authorized by this subdivision shall be for one time only and for no more than six months. The licensed practitioner is professionally and legally responsible for work performed by the person completing the course of training. And that the bill ought to pass in concurrence with such proposals of amendment. Senator Rivers, for the Committee on Finance, to which the bill was referred, reported recommending that the Senate propose to the House to amend the bill as follows: 325 SATURDAY, MAY 15, 1999 First: In Sec. 1, in § 124 of 3 V.S.A., in subsection (b), after the word “appointees” by adding the following: “and, in fiscal year 2000, the boxing control board” Second: By striking out Secs. 42 through 54 in their entirety Third: In Sec. 59, by striking out the following: “and 31 V.S.A. §§ 101- 113 (boxing control board)” Fourth: By renumbering the sections to be numerically correct. And that the bill ought to pass in concurrence with such proposals of amendment. Thereupon, the bill was read the second time by title only pursuant to Rule 43, the proposals of amendment were severally agreed. Thereupon, pending the question, Shall the bill be read the third time? Senator Sears moved that the Senate propose to the House to further amend the bill, by adding three new sections to be numbered Secs. 10, 11 and 12 to read as follows: Sec. 10. 30 V.S.A. § 7059(a) is amended to read: (a)(1) No person shall access, use, or disclose to any other person any individually identifiable information contained in the system data base created under subdivision 7053(a)(4) of this title, including any customer or user ALI or ANI information, except in accordance with rules adopted by the board and for the purpose of: (A) responding to emergency calls emergencies; (B) system maintenance and quality control under the direction of the director; or (C) investigation, by law enforcement personnel, of false or intentionally misleading reports of incidents requiring emergency services. * * * [Text Not Reproduced] * * * (3) For purposes of subdivision (1)(A) of this subsection, “emergencies” include only urgent and dangerous situations of imminent peril or crises, such as: (A) A medical or mental health emergency. (B) A law enforcement emergency when a law enforcement officer is in pursuit of a fugitive from justice or when a law enforcement officer has probable cause to believe that a person is committing a crime that poses an immediate threat to public safety and the officer has a reasonable basis for believing that an emergency exists.

JOURNAL OF THE SENATE 326 (4) It is the intent of subdivision (1)(A) of this subsection to allow access to 911 database information by law enforcement officers only in emergency circumstances that call for immediate action to protect public safety, prevent death or injury to a person or prevent irreparable or substantial damage to property. It is further the intent of this subsection that any access to 911 database information under this subsection shall be allowed only to the extent necessary to address the immediate threat to public safety, to address the emergency or to ascertain the whereabouts of a fugitive. Sec. 11. 30 V.S.A. § 7059a is added to read: § 7059a. ACCESS TO AUDIO RECORDINGS BY LAW ENFORCEMENT Notwithstanding any provision of law to the contrary, an audio recording of an emergency call shall be provided to law enforcement officer upon request. By requesting audio recordings for investigations under this section, the law enforcement officer automatically certifies that the audio recording shall be used only for the purpose of the emergency and any related judicial proceedings and shall not be disclosed or used for any other purpose. Sec. 12. ADOPTION OF RULES; EMERGENCY RULES (a) The Vermont enhanced 911 board shall adopt rules pursuant to chapter 25 of Title 3 implementing the provisions of this act. The rules shall include procedures that: (1) Allow rapid access to information in the 911 database in emergencies. (2) Confirm to whom the information is released so that the request and release can be audited to make sure that there has not been any abuse. (3) Provide for reconfirmation that the use of the information is limited to responding to the emergency and that otherwise the confidentiality laws are maintained. (b) Initial rules adopted under this section shall be adopted as emergency rules and within 30 days of the effective date of this act. Notwithstanding the provisions of 3 V.S.A. § 844, these emergency rules shall remain in effect until March 15, 2000. Thereupon, pending the question, Shall the Senate propose to the House to amend the bill as moved by Senator Sears? Senator Bartlett raised a point of order under Sec. 402 of Mason’s Manual of Legislative Procedure that the proposal of amendment of Senator Sears was not germane to the bill in as much as his proposal of amendment dealt with emergency access to enhanced 327 SATURDAY, MAY 15, 1999 911 database information by law enforcement rather than regulated professions, the subject matter of the bill. Thereupon, the President sustained the point of order and ruled that the proposal of amendment of Senator Sears did in fact introduce matters not related to the subject matter of the bill or any proposals of amendment and was not germane to the bill and that, therefore, the proposal of amendment could not be considered by the Senate and was therefore ordered stricken. Thereupon, Senator Sears moved that the rules be suspended in order to permit consideration of his proposal of amendment on its merits, despite being not germane pursuant to the provisions of Sec. 402 of Mason’s Manual of Legislative Procedure. Which was not agreed to on a roll call Yeas 18, Nays 11, the requisite three- fourths majority not having been attained. Senator Bartlett, having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bloomer, Costes, Cummings, Doyle, Ide, Illuzzi, Kittell, Leddy, MacDonald, McCormack, Munt, Ptashnik, Riehle, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: Bahre, Bartlett, Brownell, Canns, Crowley, Greenwood, Maynard, Mazza, Morrissey, Ready, Rivers. Those Senators absent and not voting were: Chard. Thereupon, the recurring question, Shall the bill be read the third time? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence with proposals of amendment forthwith. Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith.

JOURNAL OF THE SENATE 328 Rules Suspended; House Proposal of Amendment to Senate Proposal of Amendment Concurred In Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposal of amendment to Senate proposal of amendment to joint House resolution entitled: J.R.H. 124. Joint resolution establishing a task force on truancy and safe learning environments. Was taken up for immediate consideration. The House concurs in the Senate proposal of amendment, with the following amendment thereto: First: By striking the second and third resolved clauses and inserting in lieu thereof three new resolved clauses to read: Resolved: That the legislative council shall provide staff services to the committee and that the legislative council, commissioner of education and secretary of human services shall provide staff services to the subcommittees, and be it further Resolved: That the committee shall appoint a subcommittee on truancy which may meet up to four times and whose members shall be one senator who is a member of the committee, one representative who is a member of the committee, the commissioner of education or designee, the commissioner of social and rehabilitation services or designee, the commissioner of public safety or designee, the court administrator or designee and a representative of each of the following chosen by the commissioner of education: school boards, school administrators, teachers, parents, students, local and regional human service agencies and local law enforcement. The student representative shall be a high school student who is a least 16 years old and who shall be chosen from names submitted by the principals association. Members of the subcommittee shall be entitled to a per diem and expenses pursuant to 32 V.S.A. §1010 or 2 V.S.A. § 406 as appropriate. The subcommittee shall recommend a plan to revise and strengthen Vermont’s compulsory attendance laws in order to provide an efficient, economical and responsive compulsory attendance system which shall consider: (A) the decriminalization of truancy through the use of small claims courts, the judicial bureau or an administrative hearing officer system, (B) giving the tribunal which hears truancy cases authority over both parents and children in order to enable issuing of realistic fines or orders tailored to the particular reasons each student is truant, and 329 SATURDAY, MAY 15, 1999 (C) truancy reform models from other jurisdictions, and be it further Resolved: That the committee shall appoint a subcommittee on alternative learning environments which may meet up to four times and whose members shall be one senator who is a member of the committee, one representative who is a member of the committee, the commissioner of education or designee, commissioner of developmental and mental health services or designee, the commissioner of social and rehabilitation services or designee, commissioner of public safety or designee, a representative of the Vermont Coalition of Residential Program, a representative of the Vermont Coalition for Disability Rights, and a representative of each of the following chosen by the commissioner of education: school boards, school administrators, teachers, parents, students, and local and regional human service agencies. The student representative shall be a high school student who is a least 16 years old and who shall be chosen from names submitted by the principals association. The subcommittee members shall be entitled to a per diem and expenses pursuant to 32 V.S.A. §1010 or 2 V.S.A. § 406 as appropriate. The subcommittee shall develop and recommend to the committee a comprehensive state policy on alternative educational services, including community-based human services residential settings, for students who may be disruptive to the maintenance of a safe learning environment in a Vermont school, including those students who have been suspended or expelled on a long-term basis and those who are at risk of dropping out of school. In developing its recommendations, the subcommittee shall inventory current alternative educational settings or therapeutic services, identifying the best practices, including reintegration strategies. Further, the subcommittee shall consider the need for statutory change to enable appropriate exchange of information on students, without significant intrusion into the privacy of the students and consistent with federal law, in order to ensure timely interventions for students in need of alternative educational or other services and to protect students and staff from potentially violent students, and be it further, Second: In the last resolved clause following the word “truancy” by inserting: , alternative educational services, Thereupon, the question, Shall the Senate concur in the House proposal of amendment to the Senate proposal of amendment? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the joint resolution was ordered messaged to the House forthwith.

JOURNAL OF THE SENATE 330 Rules Suspended; Third Reading Ordered; Rules Suspended; Bill Passed in Concurrence; Bill Messaged Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House bill entitled: H. 332. An act relating to labeling of containerized, bottled, and packaged drinking water. Was taken up for immediate consideration. Senator Bartlett, for the Committee on General Affairs and Housing, to which the bill was referred, reported that the bill ought to pass in concurrence. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and third reading of the bill was ordered. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was placed on all remaining stages of its passage in concurrence forthwith. Thereupon, the bill was read the third time and passed in concurrence. Thereupon, on motion of Senator Mazza, the rules were suspended and the bill was ordered messaged to the House forthwith. Message from the House A message was received from the House of Representatives by Mr. Bertrand, its Second Assistant Clerk, as follows: Mr. President: I am directed to inform the Senate the House has considered the report of the Committee of Conference upon the disagreeing vote of the two Houses on House bill of the following title: H. 548. An act relating to equal education opportunity omnibus act. And has adopted the same in its part. The House has considered a bill originating in the Senate of the following title: S. 137. An act relating to the ability of the public service board to require that energy conservation services be developed and provided by an entity appointed by the board. And has passed the same in concurrence with proposal of amendment in the adoption of which the concurrence of the Senate is requested. 331 SATURDAY, MAY 15, 1999 Message from the House A message was received from the House of Representatives by Mr. Bertrand, its Second Assistant Clerk, as follows: Mr. President: I am directed to inform the Senate the House has considered Senate proposal of amendment to House bill of the following title: H. 532. An act relating to professions and occupations. And has concurred therein. The House has considered the report of the Second Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title: H. 158. An act relating to litter enforcement, and municipal recycling services. And has adopted the same on its part. The House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title: H. 554. An act making appropriations for the support of government. And has adopted the same on its part. Message from the House A message was received from the House of Representatives by Mr. Milne, its Clerk, as follows: Mr. President: I am directed to inform the Senate the House has completed the business of the first part of the biennial session and is ready to adjourn to day certain, January 4, 2000, pursuant to the provisions of J. R. H. 130. Rules Suspended; House Proposal of Amendment Concurred In; Bill Delivered Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and House proposal of amendment to Senate bill entitled: S. 137. An act relating to the ability of the public service board to require that energy conservation services be developed and provided by an entity appointed by the board.

JOURNAL OF THE SENATE 332 Was taken up for immediate consideration on a roll call, Yeas 23, Nays 5, the requisite three-fourths majority having been attained. Senator Ide, having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Backus, Bartlett, Bloomer, Brownell, Canns, Costes, Cummings, Doyle, Illuzzi, Kittell, Leddy, MacDonald, Mazza, McCormack, Munt, Ptashnik, Ready, Riehle, Rivers, Sears, Shumlin, Spaulding. Those Senators who voted in the negative were: Bahre, Crowley, Ide, Maynard, Morrissey. Those Senators absent and not voting were: Chard, Greenwood. The House proposes to the Senate to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following: Sec. 1. 30 V.S.A. § 209 is amended to read: § 209. JURISDICTION; GENERAL SCOPE * * * (d)(1) The public service department and, any entity appointed by the board under subdivision (2) of this subsection, all gas and electric utility companies, and the board upon its own motion, are encouraged to propose, develop, solicit and monitor energy efficiency and conservation programs and measures. Such programs and measures, and their implementation, may be approved by the board if it determines they will be beneficial to the ratepayers of the companies after such notice and hearings as the board may require by order or by rule. (2) In place of utility-specific programs developed pursuant to section 218c of this title, the board may, after notice and opportunity for hearing, provide for the development, implementation, and monitoring of gas and electric energy efficiency and conservation programs and measures, including programs and measures delivered in multiple service territories, by one or more entities appointed by the board for these purposes. The board may specify that the implementation of these programs and measures satisfies a utility’s corresponding obligations, in whole or in part, under section 218c of this title and under any prior orders of the board. (3) In addition to its existing authority, the board may establish by order or rule a volumetric charge to customers for the support of energy efficiency programs that meet the requirements of section 218c. The charge shall be 333 SATURDAY, MAY 15, 1999 known as the energy efficiency charge, shall be shown separately on each customer’s bill, and shall be paid to a fund administrator appointed by the board. When such a charge is shown, notice as to how to obtain information about energy efficiency programs approved under this section shall be provided in a manner directed by the board. This notice shall include, at a minimum, a toll free telephone number, and to the extent feasible shall be on the customer’s bill and near the energy efficiency charge. Funds collected through an energy efficiency charge shall not be funds of the state, shall not be available to meet the general obligations of the government, and shall not be included in the financial reports of the state. The board will annually provide the legislature with a report detailing the revenues collected and the expenditures made for energy efficiency programs under this section. (4) The charge established by the board pursuant to subdivision (3) of this subsection shall not exceed the amount needed to provide $17,500,000.00 to support all energy efficiency programs for Vermonters authorized by the board by rule or order pursuant to subdivision (2) of this subsection in any fiscal year. No more than $17,500,000.00 of financial support for energy efficiency programs for Vermonters shall be authorized by the board by rule or order pursuant to subdivision (2) of this subsection in any fiscal year. (e) The board shall: (1) Ensure that all retail consumers, regardless of retail electricity or gas provider, will have an opportunity to participate in and benefit from a comprehensive set of cost-effective energy efficiency programs and initiatives designed to overcome barriers to participation. (2) Require that continued or improved efficiencies be made in the production, delivery, and use of energy efficiency services. (3) Build on the energy efficiency expertise and capabilities that have developed or may develop in the state. (4) Promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation. (5) Promote coordinated program delivery, including coordination with low income weatherization programs, other efficiency programs, and utility programs. (6) Consider innovative approaches to delivering energy efficiency, including strategies to encourage third party financing and customer contributions to the cost of efficiency measures.

JOURNAL OF THE SENATE 334 (7) Provide a reasonably stable multiyear budget and planning cycle and promote program improvement, program stability, and maturation of programs and delivery resources. (8) Approve programs, measures, and delivery mechanisms that reasonably reflect current and projected market conditions, technological options, and environmental benefits. (9) Provide for delivery of these programs as rapidly as possible, taking into consideration the need for these services, and cost-effective delivery mechanisms. (10) Provide for the independent evaluation of programs delivered under subsection (d) of this section. (11) Require that any entity approved by the board under subsection (d) of this section deliver board approved programs in an effective, efficient, timely, and competent manner and meet standards that are consistent with those in section 218c of this title, the board’s orders in public service board docket number 5270, and any relevant board orders in subsequent energy efficiency proceedings. (12) Require verification, on or before January 1, 2003, and every three years thereafter, by an independent auditor of the reported energy and capacity savings and cost-effectiveness of programs delivered by any entity appointed by the board to deliver energy efficiency programs under subdivision (d)(2) of this section. (13) Ensure that any energy efficiency program approved by the board shall be reasonable and cost-effective. Sec. 2. 30 V.S.A. § 218c is amended to read: § 218c. LEAST COST INTEGRATED PLANNING (a)(1) A "least cost integrated plan" for a regulated electric or gas utility is a plan for meeting the public's need for energy services, after safety concerns are addressed, at the lowest present value life cycle cost, including environmental and economic costs, through a strategy combining investments and expenditures on energy supply, transmission and distribution capacity, transmission and distribution efficiency, and comprehensive energy efficiency programs. (2) "Comprehensive energy efficiency programs" shall mean a coordinated set of investments or program expenditures made by a regulated electric or gas utility or other entity as approved by the board pursuant to subsection 209(d) of this title to meet the public's need for energy services 335 SATURDAY, MAY 15, 1999 through efficiency, conservation or load management in all customer classes and areas of opportunity which is designed to acquire the full amount of cost effective savings from such investments or programs. (b) Each regulated electric or gas company shall prepare and implement a least cost integrated plan for the provision of energy services to its Vermont customers. Proposed plans shall be submitted to the department of public service and the public service board. The board, after notice and hearing, may approve a company's least cost integrated plan if it determines that the company's plan complies with the requirements of subdivision (a)(1) of this section. (c) Nothing in this section shall reduce the existing obligation of a regulated gas or electric company to acquire cost-effective supply and demand side resources pending proposal and approval of an integrated resource plan. Sec. 3. APPLICABILITY This act shall apply to the pending proceeding in docket 5980 before the public service board and to any pending challenges to the board’s jurisdiction to authorize and fund an entity, independent of the electric utilities, to deliver energy efficiency programs. Sec. 4. EFFECTIVE DATE This act shall take effect from passage. Thereupon, the question, Shall the Senate concur in the House proposal of amendment? was decided in the affirmative. Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered delivered to the Governor forthwith. Joint Resolution Adopted in Concurrence Joint resolution originating in the House of the following title was read and adopted in concurrence and is as follows: J.R.H. 130. Joint resolution relating to final adjournment of the General Assembly in 1999. RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES That when the President of the Senate and the Speaker of the House of Representatives adjourn their respective houses on the fifteenth day of May A.D., 1999, they shall do so to reconvene no later than the eighth day of June, A.D., 1999, at ten o’clock in the forenoon if the Governor should fail to approve and sign any bill and should he return it to the house of origin with his objections in writing after such adjournment, or to reconvene no later than the

JOURNAL OF THE SENATE 336 fourth day of January, A.D., 2000, at ten o’clock in the forenoon, if the Governor should not so return any bill to either house. Secretary Directed to Inform the House of Completion of Business On motion of Senator Shumlin, the Secretary was directed to inform the House that the Senate has completed the business of the session and is ready to adjourn to a day certain, June 8, 1999, if necessary, or, if not necessary, then to January 4, 2000, pursuant to the provisions of J.R.H. 130. Committee Appointed to Inform Governor of Completion of Business On motion of Senator Shumlin, the President appointed the following four (4) Senators as members of a Committee to wait upon His Excellency, Howard B. Dean, the Governor, and inform him that the Senate has completed the business of the session and is ready to adjourn to a day certain, June 8, 1999, if necessary, or, if not necessary, then to January 4, 2000, pursuant to the provisions of J.R.H. 130: Senator Shumlin Mazza McCormack Bloomer Report of Committee The Committee appointed to wait upon His Excellency, the Governor, to inform him that the Senate had, on its part, completed the business of the session and was ready to adjourn to a day certain, June 8, 1999, if necessary, or, if not necessary, then to January 4, 2000, pursuant to the provisions of J.R.H. 130, performed the duties assigned to it and escorted the Governor to the rostrum where he delivered his remarks in person. Remarks of Governor The Governor, the Honorable Howard B. Dean, assumed the rostrum and briefly addressed the Senate, congratulating its members on the accomplishments of the session, including the largest tax cut in the history of Vermont, more funding for higher education, early education, day care, affordable housing, and prescription assistance for the elderly. However, the Governor prophesied that for generations to come, the single, most important accomplishment of the 1999 session would be the permanent preservation of the 130,000 acres of “Champion” land and the continuation in perpetuity of the way of life its acquisition will allow. The Governor concluded his remarks expressing his gratitude to the leadership of the Senate and its members of committees of conference, 337 SATURDAY, MAY 15, 1999 especially those on the budget and tax bills, noting that the resolutions of these matters were quite difficult to achieve, necessitating a lot of hard work on the part of the Senate. Departure of Governor The Governor, having completed the delivery of his message, was escorted from the Chamber by the Committee appointed by the Chair. Final Adjournment On motion of Senator Shumlin, at ten o'clock and forty-two minutes in the evening, (10:42 P.M.), the Senate adjourned to a day certain, June 8, 1999, at ten o'clock in the forenoon, if necessary to attend to any bills returned by the Governor to the House or to the Senate, or, if not so necessary, then to January 4, 2000, at ten o'clock in the forenoon, pursuant to the provisions of J.R.H. 130. Messages Received After Final Adjournment After final adjournment, the following messages were received by the Secretary: Message from the Governor A message was received from His Excellency, the Governor, by Ms. Kate O’Connor, Secretary of Civil and Military Affairs, as follows: Mr. President: I am directed by the Governor to inform the Senate that on the nineteenth day of May, 1999, he approved and signed bills originating in the Senate of the following titles: S. 17. An act relating to motor vehicle dealers. S. 56. An act relating to local speed limits. Message from the Governor A message was received from His Excellency, the Governor, by Ms. Kate O’Connor, Secretary of Civil and Military Affairs, as follows: Mr. President: I am directed by the Governor to inform the Senate that on the twenty-fifth day of May, 1999, he approved and signed bills originating in the Senate of the following titles: S. 16. An act relating to providing that surface water rules adopted by the water resources board are enforceable by the ticket system that applies to other violations by the operators of vessels.

JOURNAL OF THE SENATE 338 S. 208. An act relating to diversified agricultural development and special support for the apple industry. Message from the Governor A message was received from His Excellency, the Governor, by Ms. Kate O’Connor, Secretary of Civil and Military Affairs, as follows: Mr. President: I am directed by the Governor to inform the Senate that on the twenty-sixth day of May, 1999, he approved and signed bills originating in the Senate of the following titles: S. 71. An act relating to Medicare supplemental insurance. S. 90. An act relating to replacing striking employees in municipal labor disputes. S. 125. An act relating to medical examinations. S. 144. An act relating to creating a 15-year statute of limitations for enforcement of municipal land use permits and providing that noncompliance with or failure to obtain these permits does not create an encumbrance on title. S. 174. An act relating to a study of accessibility standards for residential housing. Message from the Governor A message was received from His Excellency, the Governor, by Ms. Kate O’Connor, Secretary of Civil and Military Affairs, as follows: Mr. President: I am directed by the Governor to inform the Senate that on the first day of June, 1999, he approved and signed bills originating in the Senate of the following titles: S. 45. An act relating to injunctions against hate-motivated crimes. S. 47. An act relating to a commission on Alzheimer’s disease and related disorders. S. 49. An act relating to municipal civil ordinance penalties. S. 98. An act relating to the home heating fuel assistance program. S. 137. An act relating to the ability of the public service board to require that energy conservation services be developed and provided by an entity appointed by the board. 339 SATURDAY, MAY 15, 1999 S. 140. An act relating to the municipal employees’ retirement system and a separate retirement group for public safety officers. Message from the House A message was received from the House of Representatives by Mr. Milne, its Clerk, as follows: Mr. President: I am directed to inform the Senate the Governor has informed the House of Representatives that on the seventeenth day of May, 1999 he approved and signed a bill originating in the House of the following title: H. 27. An act relating to the transfer on death security registration. The Governor has informed the House of Representatives that on the nineteenth day of May, 1999, he did not approve and allowed to become law without his signature a bill originating in the House of the following title: H. 387. An act relating to deer and other types of pool selling. Text of Communication from Governor The text of the communication to the House from His Excellency, the Governor, setting forth his reasons for refusing to sign and allowing to become law without his signature, House Bill No. 387, is as follows: “May 19, 1999 Don Milne Clerk of the House 115 State Street Drawer 33 Montpelier, Vermont 05633-5501 Dear Don: I am allowing to become law without my signature H. 387, an act relating to deer and other types of pool betting. I support legalizing pool betting by and for legitimate nonprofit organizations and would gladly have signed such a bill. H. 387, however, permits bars and other commercial establishments to conduct pools. Even though the proceeds have to go entirely to the winners or to a nonprofit organization, I am uncomfortable with this section of the bill because it permits bars to benefit from sponsoring pool betting.

JOURNAL OF THE SENATE 340 Sincerely, /s/Howard B. Dean Howard B. Dean Governor” The Governor has informed the House of Representatives that on the nineteenth day of May, 1999 he approved and signed bills originating in the House of the following titles: H. 163. An act relating to Vermont Honor Scholarships. H. 180. An act relating to agricultural credit. H. 189. An act relating to reproductive health equity in health insurance coverage. H. 290. An act relating to an endowment trust fund to provide financial aid to Vermont postsecondary students and institutions. H. 440. An act relating to the prevention of HIV infection. H. 533. An act relating to capital appropriations and state bonding. H. 551. An act relating to amendments to the city of Burlington charter. H. 557. An act relating to an omnibus Fish and Wildlife Act. The Governor has informed the House of Representatives that on the twentieth day of May, 1998 he approved and signed bills originating in the House of the following titles: H. 10. An act relating to motor vehicles. H. 39. An act relating to computer crimes. H. 169. An act relating to farm employee housing. H. 181. An act relating to zoning and family day care homes. H. 390. An act relating to examination of insurers, licensing of agents and captive insurance agents. H. 507. An act relating to first class license holders and food service. H. 563. An act relating to merger of the town of Northfield and the village of Northfield. H. 568. An act relating to compensation for certain state employees. The Governor has informed the House of Representatives that on the twenty-fifth day of May, 1999 he approved and signed a bill originating in the House of the following title: 341 SATURDAY, MAY 15, 1999 H. 103. An act relating to workers’ compensation. The Governor has informed the House of Representatives that on the first day of June, 1998 he approved and signed bills originating in the House of the following titles: H. 48. An act relating to city of Burlington charter. H. 158. An act relating to relating to litter enforcement and municipal recycling services. H. 332. An act relating to labeling of containerized bottled, and packaged drinking water. H. 365. An act relating to the Vermont prescription drug pricing and consumer protection program. H. 532. An act relating to professions and occupations. H. 549. An act relating to miscellaneous adjustments to the state, teachers and municipal retirement systems. H. 552. An act relating to the duties of magistrates. H. 565. An act relating to a special retirement study committee. The Governor has informed the House of Representatives that on the second day of June, 1998 he approved and signed bills originating in the House of the following titles: H. 548. An act relating to equal education opportunity omnibus act. H. 554. An act making appropriations for the support of government.

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