The Senate Was Called to Order by the President Pro Tempore

Journal of the Senate ______MONDAY, MAY 6, 2002 The Senate was called to order by the President pro tempore. Devotional Exercises A moment of silence was observed in lieu of devotions. Pledge of Allegiance The President pro tempore then led the members of the Senate in the Pledge of Allegiance. Joint Concurrent House Resolutions The following joint concurrent resolutions having been placed on the consent calendar on the preceding legislative day, and no Senator having requested floor consideration as provided by the Joint Rules of the Senate and House of Representatives, are hereby adopted in concurrence: By Representatives Crowley of West Rutland, Baker of West Rutland, Koch of Barre Town, Allaire of Rutland City, Amidon of Charlotte, Angell of Randolph, Barney of Highgate, Bolduc of Barton, Bostic of St. Johnsbury, Brown of Walden, Carey of Chester, Clark of St. Johnsbury, Crawford of Burke, Davis of Cavendish, Duffy of Rutland City, Endres of Milton, Flory of Pittsford, Follett of Springfield, Freed of Dorset, George of Middlebury, Goodridge of Albany, Haas of Rutland City, Hall of Newport City, Hooker of Rutland City, Hube of Londonderry, Hudson of Lyndon, Hummel of Underhill, Johnson of Canaan, Kennedy of Chelsea, Keogh of Burlington, Ketchum of Bethel, Kirker of Essex, LaBarge of Grand Isle, LaVoie of Swanton, Little of Shelburne, Mann of Leicester, Mazur of South Burlington, Metzger of Milton, Morrissey of Bennington, Mullin of Rutland Town, O'Donnell of Vernon, Otterman of Topsham, Palmer of Pownal, Pike of Mendon, Rogers of Castleton, Rosenquist of Georgia, Schaefer of Colchester, Schiavone of Shelburne, Shaw of Derby, Sheltra of Derby, Smith of New Haven, Sweetser of Essex, Towne of Berlin, Webster of Randolph, Weeks of Wallingford, Willett of St. Albans City, Wright of Burlington, and Young of Orwell, By Senators Crowley, Bloomer, Corrow, Doyle, Ide and Maynard,

964 Printed on 100% Recycled Paper 197 JOURNAL OF THE SENATE J.C.R.H. 10. Joint concurrent resolution in memory of former Vermont First Lady Joan F. Keyser. By Representatives Crowley of West Rutland, Allaire of Rutland City, Baker of West Rutland, DePoy of Rutland City, Duffy of Rutland City, Flory of Pittsford, Freed of Dorset, Haas of Rutland City, Helm of Castleton, Hooker of Rutland City, Mann of Leicester, Maslack of Poultney, Mullin of Rutland Town, Pike of Mendon, Rogers of Castleton, Waite of Pawlet, Weeks of Wallingford, Wood of Brandon and Young of Orwell, By Senators Bloomer, Crowley and Maynard, J.C.R.H. 11. Joint concurrent resolution congratulating Robert “B.J.” Fredette of Rutland on his receipt of the 2002 Governor’s Award for Volunteer Service. By Representatives Kirker of Essex, Mazur of South Burlington, Heath of Westford, Myers of Essex, Stevens of Essex and Sweetser of Essex, J.C.R.H. 12. Joint concurrent resolution in memory of Robert Donahue. By Representatives Grad of Moretown and Cleland of Northfield, By Senators Cummings, Doyle and Scott, J.C.R.H. 13 Joint concurrent resolution honoring Richmond “Dick” Moot of Northfield for his outstanding public service. By Representatives Monti of Barre City, Towne of Berlin and Valliere of Barre City, Koch of Barre Town and Gray of Barre Town, By Senators Doyle, Cummings and Scott, J.C.R.H. 14. Joint concurrent resolution honoring Barre City Fire Chief Douglas “Doug” Brent. By Representatives Brooks of Montpelier, Kitzmiller of Montpelier, Alfano of Calais, Jordan of Middlesex and Osman of Plainfield, By Senators Cummings, Doyle and Scott, MONDAY, MAY 6, 2002 198 J.C.R.H. 15. Concurrent resolution honoring the Lost Nation Theater on the occasion of its 25th anniversary. [The full text of the Joint Concurrent House Resolutions appeared in the Senate Calendar for the preceding legislative day and will appear in the volume of the Public Acts and Resolves to be published for this adjourned session of the sixty-sixth biennial session of the Vermont General Assembly.] House Proposal of Amendment to Senate Proposal of Amendment Concurred In H. 681. House proposal of amendment to Senate proposal of amendment to Senate bill entitled: An act relating to the ability of the Shrewsbury Library to use a sewage holding and pumpout tank. Was taken up. The House concurs in the Senate proposal of amendment with the following amendment thereto: The bill be further amended in Sec. 2, second sentence, by striking out the words “non-transient, non-community water systems” and inserting in lieu thereof the words water supply Thereupon, the question, Shall the Senate concur in the House amendment to the Senate proposal of amendment?, was decided in the affirmative. Proposal of Amendment; Bill Passed in Concurrence with Proposals of Amendment H. 208. House bill entitled: An act relating to the Vermont downtown development board. Was taken up. Thereupon, pending third reading of the bill, Senator Morrissey moved that the Senate propose to the House to amend the bill in Sec. 1a, 24 V.S.A. § 2793(a) by striking out the following: “Upon receipt of an application, the state board shall provide written notice of the application to the environmental board. The environmental board and interested” and inserting in lieu thereof the word Interested Which was disagreed to on a roll call, Yeas 11, Nays 15.

199 JOURNAL OF THE SENATE Senator Morrissey 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, Campbell, Corrow, Crowley, Doyle, Ide, Maynard, Morrissey, Scott, Sears. Those Senators who voted in the negative were: Ankeney, Bartlett, Chard, Condos, Costes, Gossens, Greenwood, Kittell, Leddy, Lyons, Mazza, McCormack, Munt, Snelling, Welch. Those Senators absent or not voting were: Canns, Cummings, Illuzzi, Shumlin (presiding). Thereupon, pending third reading of the bill, Senator Munt on behalf of the Committee on General Affairs and Housing, moved that the Senate propose to the House to amend the bill as follows: First: In the Third proposal of amendment by striking out Sec. 6 in its entirety and inserting in lieu thereof a new Sec. 6 to read as follows: Sec. 6. 10 V.S.A. § 6001(3) is amended to read: (3)(A) “Development” means the: (i) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has adopted permanent zoning and subdivision bylaws. “Development” shall also mean the (ii) The construction of improvements for commercial or industrial purposes on more than one acre of land within a municipality which that has not adopted permanent zoning and subdivision bylaws. “Development” shall also mean the (iii) The construction of improvements for commercial or industrial purposes on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a municipality that has adopted permanent zoning and subdivision bylaws, if the municipality in which the proposed project is located has elected by ordinance, adopted under chapter 59 of Title 24, to have this jurisdiction apply. The word “development” shall mean the (iv) The construction of housing projects such as cooperatives, condominiums, or dwellings, or construction or maintenance of mobile homes or trailer parks, with 10 or more units, constructed or maintained on a tract or MONDAY, MAY 6, 2002 200 tracts of land, owned or controlled by a person, within a radius of five miles of any point on any involved land, and within any continuous period of five years. The word “development” shall not include construction for farming, logging or forestry purposes below the elevation of 2500 feet. The word “development” also means the (v) The construction of improvements on a tract of land involving more than 10 acres which that is to be used for municipal, county or state purposes. In computing the amount of land involved, land shall be included which that is incident to the use such as lawns, parking areas, roadways, leaching fields and accessory buildings. In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad’s line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved. The word “development” shall not include an electric generation or transmission facility which requires a certificate of public good under section 248 of Title 30 or a natural gas facility as defined by subdivision 248(a)(3) of that title. The word “development” shall also mean the (vi) The construction of improvements for commercial, industrial or residential use above the elevation of 2500 2,500 feet. The word “development” shall also mean exploration (vii) Exploration for fissionable source materials beyond the reconnaissance phase or the extraction or processing of fissionable source material. The word “development” shall also mean the (viii) The drilling of an oil and gas well. (B) Notwithstanding the provisions of subdivision (3)(A) of this section, if a project consists exclusively of any combination of mixed income housing or mixed use and is located entirely within a downtown development district designated pursuant to 24 V.S.A. § 2793, “development” means: (i) Construction of mixed income housing with 100 or more housing units or a mixed use project with 100 or more housing units, in a municipality with a population of 20,000 or more. (ii) Construction of mixed income housing with 50 or more housing units or a mixed use project with 50 or more housing units, in a municipality with a population of 10,000 or more but less than 20,000.

201 JOURNAL OF THE SENATE (iii) Construction of mixed income housing with 30 or more housing units or a mixed use project with 30 or more housing units, in a municipality with a population of 5,000 or more and less than 10,000. (iv) Construction of mixed income housing with 20 or more housing units or a mixed use project with 20 or more housing units, in a municipality of less than 5,000. (v) Construction of 10 or more units of mixed income housing or a mixed use project with 10 or more housing units where the construction involves the demolition of one or more buildings that are listed on or eligible to be listed on the state or national registers of historic places. (C) For the purposes of determining jurisdiction under subdivisions (3)(A) and (3)(B) of this section: (i) Housing units constructed by a person partially or completely outside a designated downtown development district shall not be counted to determine jurisdiction over housing units constructed by a person entirely within a designated downtown development district. (ii) Within any continuous period of five years, housing units constructed by a person entirely within a designated downtown district shall be counted together with housing units constructed by a person partially or completely outside a designated downtown development district to determine jurisdiction over the housing units constructed by a person partially or completely outside the designated downtown development district and within a five-mile radius. (iii) All housing units constructed by a person within a designated downtown development district within any continuous period of five years, commencing on or after the effective date of this subdivision, shall be counted together. (iv) In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad’s line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved. (D) The word “development” does not include: (i) The construction of improvements for farming, logging or forestry purposes below the elevation of 2,500 feet. MONDAY, MAY 6, 2002 202 (ii) The construction of improvements for an electric generation or transmission facility that requires a certificate of public good under section 30 V.S.A. § 248 or a natural gas facility as defined in subdivision 30 V.S.A. § 248(a)(3). Second: In the Sixth proposal of amendment, in Sec. 7c, 10 V.S.A. § 6081(p), after the words “jurisdictional threshold” by striking out the word “required” and inserting in lieu thereof the word specified Which was agreed to. Thereupon, pending third reading of the bill, Senator McCormack moved that the Senate propose to the House to amend the fifth proposal of amendment in Sec. 7, 10 V.S.A. §6001, by striking out subdivision (27) and inserting in lieu thereof the following: (27) “Mixed income housing” means a housing project in which at least 15 percent of the total gross floor area is affordable housing. Which was disagreed to on a roll call, Yeas 5, Nays 22. Senator Bloomer having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Chard, Gossens, Lyons, McCormack, Morrissey. Those Senators who voted in the negative were: Ankeney, Bahre, Bartlett, Bloomer, Campbell, Condos, Corrow, Costes, Crowley, Cummings, Doyle, Greenwood, Ide, Kittell, Leddy, Maynard, Mazza, Munt, Scott, Sears, Snelling, Welch. Those Senators absent or not voting were: Canns, Illuzzi, Shumlin (presiding). Thereupon, the bill was read the third time and passed in concurrence with proposals of amendment on a roll call, Yeas 26, Nays 1. Senator Bloomer having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Bahre, Bartlett, Bloomer, Campbell, Chard, Condos, Corrow, Costes, Crowley, Cummings, Doyle, Gossens, Greenwood, Ide, Kittell, Leddy, Lyons, Maynard, Mazza, Morrissey, Munt, Scott, Sears, Snelling, Welch.

203 JOURNAL OF THE SENATE Those Senators who voted in the negative were: McCormack. Those Senators absent or not voting were: Canns, Illuzzi, Shumlin (presiding). Proposal of Amendment; Third Reading Ordered; Consideration Postponed H. 766. Senator Bartlett, for the Committee on Appropriations, to which was referred House bill entitled: An act making appropriations for the support of government. 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. SHORT TITLE (a) This bill may be referred to as the BIG BILL - Fiscal Year 2003 Appropriations Act. Sec. 2. PURPOSE (a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2003. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2002. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2003 so as to meet this condition, unless otherwise directed by specific language in this act. Sec. 3. APPROPRIATIONS (a) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are declared to be single-year appropriations, and only for the purpose indicated. These appropriations shall be the only appropriations available, notwithstanding any other acts or laws. If, in this act, there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management. (b) Unless codified or otherwise specified, all narrative portions of this act apply only the fiscal year ending June 30, 2003. MONDAY, MAY 6, 2002 204 Sec. 4. TIME AVAILABLE (a) The sums appropriated in this act, unless otherwise designated, shall be available only during the fiscal year ending June 30, 2003. The balance of any appropriations made in this act remaining unexpended and unencumbered at the end of the fiscal year shall revert to the appropriate fund balance, unless otherwise specified in this act. Refunds of expenditures and reimbursements, except liability insurance premiums, which have been paid from the appropriations of a prior year, shall be credited to the appropriate fund and not to appropriation accounts in the current fiscal year, unless those refunds or reimbursements were previously paid from federal grants-in-aid or from appropriations whose unexpended balances are reappropriated by law. Refunds of liability insurance premiums paid in prior fiscal years are hereby available to reduce subsequent liability insurance premiums. Nothing contained in this act shall limit the time within which an appropriation to be raised by the issue of bonds may be expended. Sec. 5. DEFINITIONS (a) For the purposes of this act: (1) “Encumbrances” means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances. (2) “Grants” means subsidies, aid or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions. (3) “Operating expenses” means supplies - food, medical, clothing, educational, fuel, highway materials and similar items; contractual services - postage, telephone, travel expenses, light, heat and power, rentals, insurance and other similar items; equipment articles of substantial value which have a long period of usefulness - desks, computers, typewriters, furniture, motor vehicles and similar items; expenditures for the purchase of land, construction of new buildings and permanent improvements, highway construction and similar items. (4) “Personal services” means wages and salaries, consulting services, personnel benefits, personal injury benefits under section 636 of Title 21 of the Vermont Statutes Annotated and similar items. Sec. 6. SOURCE OF FUNDS

205 JOURNAL OF THE SENATE (a) The appropriations made in this act are made for the fiscal year ending June 30, 2003 except as provided in this act, and are to be paid from funds shown as the source of funds. Sec. 7. Secretary of administration - secretary’s office Personal services 709,040 Operating expenses 60,603 Total 769,643 Source of funds General fund 412,988 Transportation fund 61,875 Interdepartmental transfer 294,780 Total 769,643 Sec. 8. ANTI-TERRORISM AND BIO-TERRORISM CONTROL FEDERAL GRANTS (a) To effectively manage federal funds received to support state and local anti-terrorism and bio-terrorism control efforts, the secretary of administration is directed to: (1) Submit a plan for spending any funds to the general assembly if it is in session, otherwise to the joint fiscal committee at a regularly scheduled meeting. The plan shall specifically identify: (A) any new base spending purposed; (B) the duration of the federal grant; (C) any commitments required by the federal government if a grant is accepted; (D) if applicable under federal guidelines, funding for victim services and compensation planning as well as inclusion of the poison center’s role and funding needs in the plan. (2) No plan submitted pursuant to subdivision (1) of this section shall become effective unless approved by the general assembly, if it is in session, otherwise by the joint fiscal committee. Sec. 9. Secretary of administration - GOVnet Personal services 383,058 Operating expenses 1,356,092 Total 1,739,150 Source of funds Internal service funds 1,739,150 MONDAY, MAY 6, 2002 206 Sec. 10. Finance and management - financial operations Personal services 1,280,477 Operating expenses 988,363 Total 2,268,840 Source of funds Internal service funds 2,268,840 Sec. 11. Finance and management - budget and management Personal services 751,832 Operating expenses 96,072 Total 847,904 Source of funds General fund 612,323 Transportation fund 132,511 Interdepartmental transfer 103,070 Total 847,904 Sec. 12. Finance and management - education and functional support Personal services 229,688 Operating expenses 39,102 Total 268,790 Source of funds Internal service funds 268,790 Sec. 13. Personnel - operations Personal services 2,068,869 Operating expenses 566,810 Total 2,635,679 Source of funds General fund 1,331,651 Transportation fund 521,530 Special funds 48,000 Internal service funds 696,994 Interdepartmental transfer 37,504 Total 2,635,679 Sec. 14. Personnel - recruitment services Personal services 384,553 Operating expenses 217,528 Total 602,081 Source of funds General fund 300,564

207 JOURNAL OF THE SENATE Transportation fund 126,517 Special funds 175,000 Total 602,081 Sec. 15. Personnel - employee benefits Personal services 1,336,550 Operating expenses 354,497 Total 1,691,047 Source of funds Internal service funds 1,691,047 Sec. 16. Libraries Personal services 1,621,927 Operating expenses 1,391,996 Grants 404,920 Total 3,418,843 Source of funds General fund 2,182,809 Special funds 50,300 Federal funds 1,049,734 Interdepartmental transfer 136,000 Total 3,418,843 Sec. 17. Libraries - special services: handicapped Personal services 186,703 Operating expenses 25,813 Total 212,516 Source of funds General fund 88,292 Special funds 1,000 Federal funds 123,224 Total 212,516 Sec. 18. Tax - administration/collection Personal services 9,077,300 Operating expenses 2,363,705 Total 11,441,005 Source of funds General fund 10,636,283 Transportation fund 263,785 Special funds 367,937 Tobacco fund 58,000 MONDAY, MAY 6, 2002 208 Interdepartmental transfer 115,000 Total 11,441,005 Sec. 19. Tax - revenue and returns processing Personal services 967,801 Operating expenses 314,285 Total 1,282,086 Source of funds General fund 1,282,086 Sec. 20. Buildings and general services - administration Personal services 1,038,711 Operating expenses 164,439 Total 1,203,150 Source of funds Interdepartmental transfer 1,203,150 Sec. 21. Buildings and general services - engineering Personal services 1,620,002 Operating expenses 328,780 Total 1,948,782 Source of funds General fund 1,650,528 Transportation fund 233,254 Interdepartmental transfer 65,000 Total 1,948,782 Sec. 22. Buildings and general services - information centers Personal services 2,730,146 Operating expenses 845,097 Grants 255,000 Total 3,830,243 Source of funds General fund 497,519 Transportation fund 3,332,724 Total 3,830,243 Sec. 23. Buildings and general services - purchasing Personal services 775,375 Operating expenses 272,359 Total 1,047,734 Source of funds General fund 787,670

209 JOURNAL OF THE SENATE Transportation fund 260,064 Total 1,047,734 Sec. 24. Buildings and general services - public records Personal services 784,046 Operating expenses 379,452 Total 1,163,498 Source of funds General fund 905,296 Transportation fund 87,992 Special funds 170,210 Total 1,163,498 Sec. 25. Buildings and general services - postal Personal services 600,979 Operating expenses 342,729 Total 943,708 Source of funds General fund 108,082 Transportation fund 65,291 Internal service funds 770,335 Total 943,708 Sec. 26. Buildings and general services - copy center Personal services 697,657 Operating expenses 840,052 Total 1,537,709 Source of funds Internal service funds 1,537,709 Sec. 27. Buildings and general services - supply center Personal services 241,252 Operating expenses 232,618 Total 473,870 Source of funds Internal service funds 473,870 Sec. 28. Buildings and general services - federal surplus property Personal services 53,755 Operating expenses 106,878 Total 160,633 Source of funds Enterprise funds 160,633 MONDAY, MAY 6, 2002 210 Sec. 29. Buildings and general services - state surplus property Personal services 49,272 Operating expenses 56,884 Total 106,156 Source of funds Internal service funds 106,156 Sec. 30. Buildings and general services - property management Personal services 773,378 Operating expenses 3,145,884 Total 3,919,262 Source of funds Internal service funds 3,919,262 Sec. 31. Buildings and general services - all other insurance Personal services 49,578 Operating expenses 26,077 Total 75,655 Source of funds Internal service funds 75,655 Sec. 32. Buildings and general services - general liability insurance Personal services 312,382 Operating expenses 494,929 Total 807,311 Source of funds Internal service funds 807,311 Sec. 33. Buildings and general services - workers’ compensation insurance Personal services 862,592 Operating expenses 288,743 Total 1,151,335 Source of funds Internal service funds 1,151,335 (a) The establishment of one (1) new classified position - Loss Prevention Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government. Sec. 34. Buildings and general services - communications & information technology Personal services 2,560,881

211 JOURNAL OF THE SENATE Operating expenses 3,604,266 Total 6,165,147 Source of funds Internal service funds 6,165,147 Sec. 35. Buildings and general services - fee for space Personal services 5,635,591 Operating expenses 8,545,828 Total 14,181,419 Source of funds General fund 573,016 Internal service funds 13,608,403 Total 14,181,419 (a) The establishment of two (2) new classified positions - one (1) Maintenance Mechanic II, and one (1) Plant Maintenance Supervisor A - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government. Sec. 36. [Deleted] Sec. 37. Geographic information system Grants 405,603 Source of funds Special funds 405,603 Sec. 37a. REPEAL (a) Sec. 4 of No. 204 of the Acts of 1994 (sunset on the geographic information system and its authority to enter into contracts), as amended by Sec. 1 of No. 143 of the Acts of 1998 and as further amended by Sec. 1 of No. 72 of the Acts of 2000, is repealed. Sec. 38. Auditor of accounts Personal services 1,504,309 Operating expenses 109,150 Total 1,613,459 Source of funds General fund 475,151 Transportation fund 70,368 Special funds 52,167 Internal service funds 1,015,773 Total 1,613,459 MONDAY, MAY 6, 2002 212 Sec. 39. State treasurer Personal services 2,176,246 Operating expenses 316,520 Total 2,492,766 Source of funds General fund 617,438 Transportation fund 123,714 Special funds 1,166,413 Pension trust funds 545,000 Private purpose trust funds 40,201 Total 2,492,766 (a) The conversion of one (1) limited service position - Accountant B - to permanent is authorized in fiscal year 2003. Sec. 40. State treasurer - abandoned property Personal services 70,373 Operating expenses 95,183 Total 165,556 Source of funds Private purpose trust funds 165,556 Sec. 41. Vermont state retirement system Personal services 14,541,400 Operating expenses 146,039 Total 14,687,439 Source of funds Special funds 14,687,439 Sec. 41a. 3 V.S.A. § 455(a)(9) is amended to read: (9) "Employee" shall mean (A) any regular officer or employee of the Vermont historical society or in a department other than a person included under (B) of this subdivision, who is employed for not less than 40 calendar weeks in a year, and (B) any regular officer or employee of the department of public safety assigned to police and law enforcement duties, including the commissioner of public safety appointed before July 1, 2001; but, irrespective of the member's classification, shall not include any member of the general assembly as such, any person who is covered by the Vermont teachers' retirement system, any person engaged under retainer or special agreement or C beneficiary employed by the department of public safety for not more than 208 hours per year, or any person whose principal source of income is other than state employment. In all cases of doubt, the retirement board shall determine whether any person is an employee as defined in this subchapter.

213 JOURNAL OF THE SENATE Also included under (B) of this subdivision are employees of the department of liquor control who exercise law enforcement powers, employees of the department of fish and wildlife assigned to law enforcement duties, motor vehicle inspectors, full-time deputy sheriffs employed by the state of Vermont, and investigators employed by the office of the attorney general, department of state's attorneys or office of the secretary of state, who have attained full-time certification from the Vermont criminal justice training council, who are required to perform law enforcement duties as the primary function of their employment, and who may be subject to mandatory retirement permissible under 29 U.S.C. section 623(j), and full-time firefighters employed by the state of Vermont, who are first included in membership of the system on or after July 1, 2000. Also included under (B) of this subdivision are full-time firefighters employed by the state of Vermont. Sec. 41b. FULL-TIME STATE FIREFIGHTERS; PARTICIPATION IN GROUP C PLAN (a) Full-time firefighters employed by the state of Vermont who are not members of the Group C plan of the Vermont state retirement system shall be eligible to participate in the Group C plan. Participation in the Group C plan shall be in lieu of participation in any other plan of the Vermont state retirement system. Election to participate in the Group C plan is irrevocable. (b) If, after July 1, 2004, a full-time firefighter employed by the state of Vermont has not elected to participate in the Group C plan of the Vermont state retirement system, that employee shall remain in the Group F plan of the Vermont state retirement system. Sec. 42. Municipal employees’ retirement system Personal services 1,002,100 Operating expenses 46,826 Total 1,048,926 Source of funds Special funds 1,048,926 Sec. 43. State labor relations board Personal services 148,509 Operating expenses 34,906 Total 183,415 Source of funds General fund 172,185 Transportation fund 5,528 Special funds 5,702 Total 183,415 MONDAY, MAY 6, 2002 214 Sec. 44. Executive office Personal services 1,048,906 Operating expenses 296,097 Grants 51,978 Total 1,396,981 Source of funds General fund 1,097,120 Transportation fund 187,676 Special funds 3,185 Interdepartmental transfer 109,000 Total 1,396,981 Sec. 45. Executive office - national and community service Personal services 153,402 Operating expenses 95,219 Grants 1,428,643 Total 1,677,264 Source of funds General fund 60,803 Federal funds 1,616,461 Total 1,677,264 Sec. 46. Governor-elect Personal services 25,000 Operating expenses 15,000 Total 40,000 Source of funds General fund 40,000 (a) The funds in this section are for costs incurred by the transitions of the executive office. No funds shall be used for inaugural celebrations. Any unexpended portion of these funds shall revert to the general fund. Sec. 47. VOSHA review board Personal services 29,184 Operating expenses 9,180 Total 38,364 Source of funds General fund 18,988 Federal funds 19,376 Total 38,364 Sec. 48. [Deleted]

215 JOURNAL OF THE SENATE Sec. 49. Use tax reimbursement fund - municipal current use Grants 5,100,000 Source of funds General fund 3,029,610 Transportation fund 2,070,390 Total 5,100,000 Sec. 50. Lieutenant governor Personal services 102,844 Operating expenses 13,881 Total 116,725 Source of funds General fund 94,114 Transportation fund 22,611 Total 116,725 Sec. 51. Legislature Personal services 2,591,215 Operating expenses 2,141,950 Total 4,733,165 Source of funds General fund 3,873,478 Transportation fund 859,687 Total 4,733,165 (a) Of the above general fund appropriation, $20,000.00 shall be available for new member orientation. (b) Of the above general fund appropriation, $50,000.00 shall be available to support the Northeast Legislative Association on Prescription Drug Pricing. (c) It is the intent of the legislature that legislative leadership consider the use of unpaid recess of the legislature as appropriate and applicable should the budget presentation be delayed during the 2003 session due to transition of executive administration. Sec. 52. Legislative council Personal services 1,681,561 Operating expenses 92,090 Total 1,773,651 Source of funds General fund 1,495,527 Transportation fund 278,124 Total 1,773,651 MONDAY, MAY 6, 2002 216 (a) User satisfaction with the ease and efficiency of electronic communications systems in the State House shall be a priority for the information technology division of the legislative council. Sec. 53. Sergeant at arms Personal services 331,512 Operating expenses 51,388 Total 382,900 Source of funds General fund 334,207 Transportation fund 48,693 Total 382,900 (a) The establishment of one (1) new exempt position – Capitol Security Officer – is authorized in fiscal year 2003. Sec. 53a. Sec. 44 of No. 63 of the Acts of 2001, as amended by Sec. 6 of H.646, is further amended to read: Sec. 44. Sergeant at arms Personal services 286,778 297,778 Operating expenses 48,000 48,000 Total 334,778 345,778 Source of funds General fund 286,935 297,935 Transportation fund 47,843 47,843 Total 334,778 345,778 * * * Sec. 54. Joint fiscal committee Personal services 842,642 Operating expenses 66,184 Total 908,826 Source of funds General fund 747,276 Transportation fund 161,550 Total 908,826 Sec. 54a. Sec. 45. of No. 63 of the Acts of 2001 is amended to read: Sec. 45. Joint fiscal committee Personal services 757,503 774,703 Operating expenses 35,783 35,783 Total 793,286 810,486

217 JOURNAL OF THE SENATE Source of funds General fund 634,915 652,115 Transportation fund 158,371 158,371 Total 793,286 810,486 Sec. 55. Lottery commission Personal services 1,127,907 Operating expenses 743,556 Total 1,871,463 Source of funds Enterprise funds 1,871,463 (a) The commission shall include maximizing returns as a goal in advertising campaigns. Sec. 56. Payments in lieu of taxes Grants 2,400,000 Source of funds General fund 1,250,000 Special funds 1,150,000 Total 2,400,000 (a) The above appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to, and without regard to, the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act. (b) The secretary of administration shall anticipate receipts in the PILOT special fund to ensure the total appropriation is available. Sec. 57. Payments in lieu of taxes - Montpelier Grants 184,000 Source of funds General fund 184,000 Sec. 58. Payments in lieu of taxes - correctional facilities Grants 40,000 Source of funds General fund 40,000 Sec. 59. Total general government 107,153,699 Source of funds General fund 34,899,004 Transportation fund 8,913,884 MONDAY, MAY 6, 2002 218 Special funds 19,331,882 Tobacco fund 58,000 Federal funds 2,808,795 Enterprise funds 2,032,096 Internal service funds 36,295,777 Pension trust funds 545,000 Private purpose trust funds 205,757 Interdepartmental transfer 2,063,504 Total 107,153,699 Sec. 60. Protection to persons and property - Attorney general Personal services 4,344,999 Operating expenses 860,860 Total 5,205,859 Source of funds General fund 2,317,943 Transportation fund 83,495 Special funds 811,978 Tobacco fund 290,000 Federal funds 486,443 Interdepartmental transfer 1,216,000 Total 5,205,859 Sec. 61. Attorney general - telemarketing fraud Personal services 111,628 Operating expenses 38,372 Total 150,000 Source of funds Federal funds 150,000 Sec. 62. Vermont court diversion Grants 1,104,555 Source of funds General fund 615,531 Transportation fund 177,804 Special funds 311,220 Total 1,104,555 Sec. 63. Center for crime victims services Personal services 763,250 Operating expenses 208,018 Grants 4,292,230 Total 5,263,498

219 JOURNAL OF THE SENATE Source of funds General fund 758,339 Special funds 724,808 Federal funds 3,740,351 Interdepartmental transfer 40,000 Total 5,263,498 (a) The $40,000.00 of federal grant funds transferred from the department of public safety shall be used for AIDS/HIV outreach to victims of sexual violence consistent with the intent of No. 49 of the Acts of 2001. Sec. 64. Center for crime victims services - victim compensation Grants 575,000 Source of funds Special funds 405,000 Federal funds 170,000 Total 575,000 Sec. 65. State’s attorneys Personal services 6,826,326 Operating expenses 990,905 Total 7,817,231 Source of funds General fund 5,866,162 Transportation fund 447,230 Special funds 43,500 Federal funds 5,000 Interdepartmental transfer 1,455,339 Total 7,817,231 Sec. 66. Sheriffs Personal services 1,075,541 Operating expenses 36,941 Total 1,112,482 Source of funds General fund 1,075,541 Transportation fund 36,941 Total 1,112,482 (a) Of the above appropriation, $15,000.00 shall be transferred to the state’s attorneys office as reimbursement for the cost of the executive director’s salary. MONDAY, MAY 6, 2002 220 Sec. 67. Sheriffs - transport Personal services 1,196,821 Operating expenses 200,000 Total 1,396,821 Source of funds General fund 749,687 Transportation fund 647,134 Total 1,396,821 (a) The general assembly finds that the increasing cost of prisoner transports from correctional centers to courts is placing a burden on the ability of the state to pay for such transports. The general assembly is concerned with preserving the due process rights of prisoners granted by the U.S. Constitution and the Vermont Constitution, yet it believes some court hearings can be held without the presence of a prisoner in the courtroom without any infringement upon the prisoner’s constitutional rights. Some hearings, such as status conferences, could be held without the participation of the prisoner; while others may be held with prisoner participation by telephone or video conference. It is the intent of the general assembly to preserve due process rights of prisoners while addressing the increased cost of detaining prisoners in the correctional centers while they wait for disposition of their cases. Accordingly, the general assembly hereby directs the department of state’s attorneys and sheriffs, the administrative judge for trial courts, the court administrator, the defender general and the commissioner of the department of corrections to work together to reduce the number of unnecessary prisoner transports to court hearings, taking into account the findings and intent of the general assembly, as stated in this subsection. The parties shall report to the chairs of the house and senate committees on appropriations and on judiciary by January 15, 2003, regarding the steps that have been taken and the impact those steps have had on reducing transports. Sec. 68. Defender general - public defense Personal services 4,841,141 Operating expenses 506,962 Total 5,348,103 Source of funds General fund 4,326,254 Transportation fund 630,058 Special funds 346,791 Interdepartmental transfer 45,000 Total 5,348,103

221 JOURNAL OF THE SENATE Sec. 69. Defender general - assigned counsel Personal services 2,093,790 Operating expenses 46,505 Total 2,140,295 Source of funds General fund 1,880,285 Transportation fund 260,010 Total 2,140,295 Sec. 70. Defender general - ad hoc counsel Personal services 127,403 Source of funds General fund 127,403 Sec. 71. Military - administration Personal services 397,864 Operating expenses 320,406 Grants 158,000 Total 876,270 Source of funds General fund 876,270 (a) Of the above appropriation, $200,000.00 shall be transferred to the Vermont student assistance corporation for the national guard scholarship program, which is comprised of $158,000.00 of the above appropriation and $42,000.00 in fiscal year 2002 carry-forward funds. (b) Total grants under 16 V.S.A. chapter 87, subchapter 4A shall not exceed $200,000.00 in fiscal year 2003, nor shall commitments or obligations be made for expenditure amounts over $200,000.00 in fiscal year 2004. Sec. 72. Military - air service contract Personal services 3,176,327 Operating expenses 904,423 Total 4,080,750 Source of funds General fund 333,042 Federal funds 3,747,708 Total 4,080,750 Sec. 73. Military - army service contract Personal services 2,269,299 Operating expenses 8,183,223 MONDAY, MAY 6, 2002 222 Total 10,452,522 Source of funds General fund 145,134 Federal funds 10,307,388 Total 10,452,522 Sec. 74. Military - building maintenance Personal services 829,020 Operating expenses 478,932 Total 1,307,952 Source of funds General fund 1,272,952 Special funds 35,000 Total 1,307,952 Sec. 75. Military - veterans’ affairs Personal services 130,991 Operating expenses 21,265 Grants 78,350 Total 230,606 Source of funds General fund 230,606 Sec. 76. Labor and industry Personal services 5,019,899 Operating expenses 1,320,000 Grants 70,000 Total 6,409,899 Source of funds General fund 788,013 Special funds 4,520,271 Federal funds 1,051,596 Interdepartmental transfer 50,019 Total 6,409,899 (a) The establishment of one (1) new classified position - Occupational Health Compliance Specialist - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government. Sec. 77. Labor and industry - wage and hour Personal services 106,058 Operating expenses 33,000

223 JOURNAL OF THE SENATE Total 139,058 Source of funds General fund 139,058 Sec. 78. Criminal justice training council Personal services 704,932 Operating expenses 718,787 Total 1,423,719 Source of funds General fund 519,083 Transportation fund 348,154 Special funds 453,448 Interdepartmental transfer 103,034 Total 1,423,719 Sec. 79. Criminal justice training council - domestic violence Personal services 13,478 Operating expenses 3,488 Total 16,966 Source of funds Special funds 3,488 Interdepartmental transfer 13,478 Total 16,966 Sec. 80. Liquor control - enforcement and licensing Personal services 1,393,102 Operating expenses 312,679 Total 1,705,781 Source of funds Tobacco fund 318,973 Enterprise funds 1,386,808 Total 1,705,781 Sec. 81. Liquor control - administration Personal services 1,094,958 Operating expenses 423,232 Total 1,518,190 Source of funds Enterprise funds 1,518,190 MONDAY, MAY 6, 2002 224 Sec. 82. Liquor control - warehousing and distribution Personal services 555,248 Operating expenses 392,575 Total 947,823 Source of funds Enterprise funds 947,823 Sec. 83. Vermont racing commission Operating expenses 1 Source of funds General fund 1 Sec. 84. Secretary of state Personal services 2,538,026 Operating expenses 1,178,074 Total 3,716,100 Source of funds General fund 456,141 Special funds 3,129,959 Interdepartmental transfer 130,000 Total 3,716,100 (a) The establishment of two (2) new classified positions - one (1) Clerk C and one (1) Licensing Board Inspector - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government. (b) Of the above general fund appropriation, $10,000.00 shall be available for expenses associated with the annual meeting for the New England Association of City and Town Clerks. Sec. 85. [Deleted] Sec. 86. Secretary of state - corporations Personal services 330,203 Operating expenses 100,000 Total 430,203 Source of funds Special funds 430,203 (a) The above appropriation shall be from the securities and regulation and supervision fund in accordance with 9 V.S.A. § 4230(b).

225 JOURNAL OF THE SENATE Sec. 87. Banking, insurance, securities, and health care administration - banking Personal services 1,029,981 Operating expenses 280,050 Total 1,310,031 Source of funds Special funds 1,310,031 (a) Notwithstanding 9 V.S.A. § 4230(b), in fiscal year 2003, the commissioner of banking, insurance, securities, and health care administration may transfer up to $200,000.00 from the securities regulation and supervision fund to the banking supervision fund established in 8 V.S.A. § 19(f). Sec. 88. Banking, insurance, securities, and health care administration - insurance Personal services 2,338,230 Operating expenses 465,206 Total 2,803,436 Source of funds Special funds 2,803,436 Sec. 89. Banking, insurance, securities, and health care administration - captive Personal services 1,394,280 Operating expenses 295,498 Total 1,689,778 Source of funds Special funds 1,689,778 Sec. 90. Banking, insurance, securities, and health care administration - administration Personal services 708,586 Operating expenses 55,252 Total 763,838 Source of funds Special funds 763,838 Sec. 91. Banking, insurance, securities, and health care administration - securities Personal services 486,869 Operating expenses 136,650 Total 623,519 MONDAY, MAY 6, 2002 226 Source of funds Special funds 623,519 Sec. 92. Banking, insurance, securities, and health care administration - health care administration Personal services 2,632,646 Operating expenses 387,166 Total 3,019,812 Source of funds General fund 535,304 Special funds 2,484,508 Total 3,019,812 Sec. 93. Banking, insurance, securities, and health care administration - insurance agent licensing Personal services 302,214 Operating expenses 132,091 Total 434,305 Source of funds Special funds 434,305 Sec. 94. Public safety - state police Personal services 31,589,941 Operating expenses 6,107,908 Grants 2,058,465 Total 39,756,314 Source of funds General fund 14,473,733 Transportation fund 17,252,645 Special funds 2,661,652 Federal funds 4,190,709 Interdepartmental transfer 1,177,575 Total 39,756,314 (a) The department of public safety shall provide business manager services for the Vermont criminal justice training council and for the Vermont fire service training council. (b) Of the above transportation fund appropriation, $35,000.00 shall be available for snowmobile law enforcement activities. (c) Of the above general fund appropriation, up to $880,000.00 shall be used to purchase vehicles and for fleet-related expenditures.

227 JOURNAL OF THE SENATE (d) The establishment of five (5) new classified positions - one (1) State Terrorism Manager, two (2) Terrorism Outreach Coordinator, one (1) Terrorism Intelligence Analyst, and one (1) Planning and Grant Administrator - is authorized in fiscal year 2003. These positions shall be transferred and converted from existing vacant positions in the executive branch of state government. Sec. 95. Public safety - criminal justice services Personal services 4,259,969 Operating expenses 4,734,725 Grants 478,900 Total 9,473,594 Source of funds General fund 95,000 Transportation fund 3,630,878 Special funds 457,818 Federal funds 4,668,600 Interdepartmental transfer 621,298 Total 9,473,594 (a) The Vermont center for justice research is designated as the state’s instrumentality to receive statistical analysis center federal funds. (b) The establishment of one (1) new classified position - Forensic Chemist III - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government. Sec. 96. Public safety - emergency management Personal services 1,022,640 Operating expenses 1,149,945 Grants 1,249,247 Total 3,421,832 Source of funds General fund 48,930 Transportation fund 63,969 Special funds 420,523 Federal funds 2,888,410 Total 3,421,832 Sec. 97. Public safety - governor’s highway safety program Personal services 855,084 Operating expenses 300,536 MONDAY, MAY 6, 2002 228 Grants 3,925,566 Total 5,081,186 Source of funds Transportation fund 172,828 Special funds 362,500 Federal funds 4,545,858 Total 5,081,186 Sec. 97a. Sec. 260e(b)(6) of No. 63 of the Acts of 2001 is amended to read: (6) Sixth, an amount not to exceed $2,000,000 shall be prorated equally and appropriated as follows: to the department of public safety for vehicle fleet replacement and related fleet expenses and to the office of the treasurer, for deposit into the higher education endowment fund. Sec. 98. Agriculture, food and markets - administration Personal services 611,075 Operating expenses 298,093 Grants 711,334 Total 1,620,502 Source of funds General fund 1,217,035 Special funds 13,722 Federal funds 254,211 Interdepartmental transfer 135,534 Total 1,620,502 (a) Of the above appropriation, $139,000.00 shall be used for the Two- Plus-Two scholarship program and $28,000.00 above the department’s submitted budget shall be spent on conservation district grants. Sec. 99. Agriculture, food and markets - food safety and consumer assurance Personal services 1,843,898 Operating expenses 300,293 Grants 1,492 Total 2,145,683 Source of funds General fund 1,246,619 Transportation fund 45,824 Special funds 343,833 Federal funds 497,407 Interdepartmental transfer 12,000 Total 2,145,683

229 JOURNAL OF THE SENATE Sec. 100. Agriculture, food and markets - agriculture development Personal services 599,557 Operating expenses 246,305 Grants 225,842 Total 1,071,704 Source of funds General fund 575,714 Special funds 395,988 Interdepartmental transfer 100,002 Total 1,071,704 Sec. 101. Agriculture, food and markets - plant industry and labs Personal services 1,871,045 Operating expenses 390,915 Total 2,261,960 Source of funds General fund 639,248 Special funds 1,081,387 Federal funds 333,765 Interdepartmental transfer 207,560 Total 2,261,960 Sec. 102. Agriculture, food and markets - state stipend Grants 163,500 Source of funds General fund 163,500 Sec. 103. Agriculture, food and markets - mosquito control Grants 90,000 Source of funds Special funds 90,000 Sec. 104. Agriculture, food and markets - farm conservation Personal services 35,775 Operating expenses 12,000 Total 47,775 Source of funds Special funds 47,775 Sec. 105. Public service - regulation and energy Personal services 3,937,560 Operating expenses 639,354 MONDAY, MAY 6, 2002 230 Grants 240,000 Total 4,816,914 Source of funds Special funds 4,080,912 Federal funds 711,000 Interdepartmental transfer 25,002 Total 4,816,914 Sec. 106. Public service - purchase and sale of power Personal services 7,824 Operating expenses 365 Total 8,189 Source of funds Special funds 8,189 Sec. 107. Public service - consumer affairs and public information Personal services 252,431 Operating expenses 21,778 Total 274,209 Source of funds Special funds 274,209 Sec. 108. Enhanced 9-1-1 Board Personal services 1,955,669 Operating expenses 254,309 Total 2,209,978 Source of funds Special funds 2,209,978 Sec. 109. Enhanced 9-1-1 Board - training Personal services 180,390 Source of funds Special funds 180,390 (a) The following position is authorized to replace ongoing contractual services. The establishment of one (1) new classified position - State 9-1-1 Communications Coordinator - is authorized in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government. Sec. 110. Public service board Personal services 2,193,063 Operating expenses 335,876

231 JOURNAL OF THE SENATE Total 2,528,939 Source of funds Special funds 2,528,939 Sec. 111. Judiciary Personal services 21,399,325 Operating expenses 4,975,084 Total 26,374,409 Source of funds General fund 19,941,952 Transportation fund 3,627,781 Special funds 441,676 Federal funds 172,000 Interdepartmental transfer 2,191,000 Total 26,374,409 Sec. 112. Human rights commission Personal services 267,218 Operating expenses 96,363 Total 363,581 Source of funds General fund 262,095 Special funds 1 Federal funds 101,485 Total 363,581 Sec. 113. Vermont radiological emergency response plan fund Personal services 400,000 Operating expenses 400,000 Total 800,000 Source of funds Special funds 800,000 Sec. 114. 20 V.S.A. § 38 (a) is amended to read: (a) There is created a radiological emergency response plan fund which shall include all moneys paid to the state pursuant to subdivision (5) of this subsection. The fund shall be separately maintained and accounted for by the state treasurer and shall be administered by the department of finance and management and managed pursuant to the provisions of chapter 7, subchapter 5 of Title 32. Expenditures shall be made from the fund for the purpose of providing the personnel, operating costs and equipment necessary to maintain the effectiveness of the Vermont radiological emergency response plan. MONDAY, MAY 6, 2002 232 (1) Provided the expense is determined to be necessary by the emergency management division, the commissioner of finance and management may approve reimbursement from the fund to any municipality, county or state agency or any support organization for the proportion of emergency preparation costs directly related to the preparation for, testing or carrying out a radiological emergency response plan. The fund may be used for personnel, operations or equipment which have the capability of responding to other in addition to radiological emergencies. (2) The commissioner of finance and management annually shall submit to the general assembly a report detailing expenditures from the fund. The report shall include any comments submitted by any utility which has made payments into the fund and by any involved municipality, county or state agency. (3) Any utility making any payment into the radiological emergency response plan fund shall have the right to audit the books and records of the fund at any time. (4) Upon the termination of the Vermont radiological emergency response plan fund or the permanent cessation of operation of the reactor having caused the establishment of this fund and the removal of emergency response plan regulations applicable to it by the Federal Nuclear Regulatory Commission or any other federal agency having regulatory jurisdiction, and after all outstanding debts have been paid, all moneys remaining in the fund shall be promptly paid to the utility having made the payments. (5) Each fiscal year: (A) The commissioner of finance and management shall survey town and emergency support organizations eligible for reimbursement from the radiological emergency response plan fund to determine the amounts necessary for the purposes of this subsection. (B) Any utility operating a nuclear reactor in this state shall pay to the state treasurer an amount equal to the amount required to establish or maintain the Vermont radiological emergency response plan fund at the level of $400,000.00. (6) Any moneys remaining in the radiological emergency response plan fund at the end of any fiscal year shall be carried forward for expenditures in the next fiscal year and any interest accrued on the moneys shall remain in the fund.

233 JOURNAL OF THE SENATE (a) (1) There is created a radiological emergency response plan fund into which, by July 30 of each year, any entity operating a nuclear reactor or storing nuclear fuel and radioactive waste in this state (referred to hereinafter as the nuclear power plant) shall deposit the amount appropriated to support the Vermont radiological response plan for that fiscal year, adjusted by any balance in the radiological emergency response plan fund from the prior fiscal year. The fund shall be managed in accordance with chapter 7, subchapter 5 of Title 32. Any interest earned on the balance in the fund shall be retained by the fund. (2) Expenditures from the fund shall be made by the division of emergency management subject to an annual legislative appropriation. As part of the annual appropriations process, the division of emergency management shall present a budget for the ensuing fiscal year that anticipates the expenditures that will be made from the fund. The annual budget shall be developed by the division of emergency management and the Windham regional planning commission in consultation with state agencies, the management of the nuclear power plant, and the select boards of the municipalities in the emergency planning zone and any other municipality defined by the state as required to support the plan. The state personnel with primary responsibility for developing the plan shall be physically located in the region, preferably in the office of the Windham regional planning commission. The annual budget shall include only expenditures necessary to support the radiological emergency response plan. (3) The annual budget shall include anticipated expenditures to municipalities, county or state agencies, or other organizations necessary to support the radiological emergency response plan. (4) By January 15 of each year, the division of emergency management shall submit to the general assembly a report detailing expenditures from the fund for the preceding fiscal year. (5) The state shall bill the nuclear power plant on a monthly basis based on the budget presented and approved by the legislature. The nuclear power plant shall have the right to audit the books and records of the fund. (6) Upon the permanent cessation of operation of the nuclear reactor and final removal of all nuclear fuel and radioactive waste, and the removal of emergency response plan regulations and state responsibilities applicable to it by the Federal Nuclear Regulatory Commission and any other federal agency having regulatory jurisdiction, and after all outstanding debts have been paid, all moneys remaining in the fund shall be repaid to the nuclear power plant, and the fund terminated. MONDAY, MAY 6, 2002 234 Sec 114a. RADIOLOGICAL EMERGENCY RESPONSE PLAN FUND; DIVISION OF EMERGENCY MANAGEMENT (a) All responsibilities of the department and commissioner of finance and management under 20 V.S.A. § 38(a) shall, in fiscal year 2003, be assumed by the division of emergency management of the department of public safety. Sec. 115. Fire service training council Personal services 247,466 Operating expenses 231,543 Total 479,009 Source of funds General fund 231,588 Transportation fund 99,985 Special funds 100,000 Interdepartmental transfer 47,436 Total 479,009 Sec. 116. Fire service training council - firefighter 1 training Personal services 404,728 Operating expenses 318,209 Total 722,937 Source of funds General fund 100,000 Special funds 427,924 Federal funds 110,000 Interdepartmental transfer 85,013 Total 722,937 Sec. 117. Total protection to persons and property 178,034,411 Source of funds General fund 62,008,163 Transportation fund 27,524,736 Special funds 38,252,497 Tobacco fund 608,973 Federal funds 38,131,931 Enterprise funds 3,852,821 Interdepartmental transfer 7,655,290 Total 178,034,411 Sec. 118. Human services - agency of human services - Secretary’s office Personal services 3,468,275

235 JOURNAL OF THE SENATE Operating expenses 1,256,018 Grants 7,670,478 Total 12,394,771 Source of funds General fund 4,709,618 Special funds 100,000 Tobacco fund 474,000 Federal funds 6,665,153 Interdepartmental transfer 446,000 Total 12,394,771 (a) Notwithstanding any other provisions of law, workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services or who utilize a qualified intermediary service organization providing services on behalf of the state shall not be considered state employees, except for purposes of 21 V.S.A. chapter 17. (b) Notwithstanding any other provisions of law, the state may provide workers’ compensation coverage to workers employed by persons who receive assistance from the agency of human services to procure attendant, personal care, or respite services, and the state shall not be considered their employer. The state may also either permit a qualified intermediary service organization to purchase group insurance policies for persons served by their organization, or deem such persons to be members of an association and eligible for self insurance under 21 V.S.A. § 687a for purposes of providing workers’ compensation. This provision is intended solely to reduce costs of providing workers’ compensation and shall not be considered for any other purpose. (c) The establishment of one (1) new exempt position - Juvenile Justice Director - is authorized in the agency of human services in fiscal year 2003. This position shall be transferred and converted from existing vacant positions in the executive branch of state government. The juvenile justice director shall be a principal assistant to the secretary of human services. The juvenile justice coordinator in the agency of human services shall assist the commission to implement the comprehensive juvenile justice system developed under subsection 3085c(c) of Title 3. (d) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” to the departments in the agency through which services are being provided. (e) Notwithstanding 33 V.S.A. § 5502 the agency of human services may on an on-going basis seek a CHINS petition for 16 to 17.5-year-old youths who are not in the custody of the state but are at high risk of serious harm to MONDAY, MAY 6, 2002 236 themselves or others due to problems such as substance abuse, prostitution, homelessness and whose needs transcend any one department of the agency of human services and require complicated clinical interventions from multiple organizations. Services will be provided through a coordinated effort by the agency of human services, the department of education, and community-based interagency teams. Of the above appropriation, $200,000.00 in tobacco funds with a corresponding match shall be made available for the services under this program. (f) Planning and partnership activities regarding services for youth aged 16 to 22 in which the agency participates with communities and across departments of state government shall include consideration of how the Job Corps in Vergennes can be utilized to maximum benefit for the target population. (g) Of the above tobacco settlement funds, $49,000.00 shall be used to provide a grant to the Project Against Violent Encounters for a statewide program for substance abuse prevention and mentoring program for youth. (h) Of the above tobacco fund appropriation, $100,000.00 shall be used for a grant to Lamoille County People In Partnership for wrap-around services for at-risk youth. (i) The above tobacco settlement fund appropriations are made notwithstanding 18 V.S.A. chapter 225. (j) Of the above appropriation, $60,000.00 shall be granted to Prevent Child Abuse Vermont for comprehensive health education and violence prevention curriculum for seventh and eighth grade students. (k) Of the above appropriation, $195,000.00 is for the purpose of Sec. 118m of this act. Sec. 118a. 3 V.S.A. § 3085c is added to read: § 3085c. COMMISSION ON JUVENILE JUSTICE (a) The commission on juvenile justice is created as a joint venture between the department of social and rehabilitation services and the department of corrections. (b) The commission shall be composed of three members: (1) The juvenile justice director, who shall be chair of the commission. (2) The commissioner of the department of social and rehabilitation services. (3) The commissioner of the department of corrections.

237 JOURNAL OF THE SENATE (c) The commission on juvenile justice shall have the following duties: (1) To develop a comprehensive system of juvenile justice for persons under age 21 who commit delinquent or criminal acts, including utilization of probation services, a range of community-based treatment, training and rehabilitation programs, and secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those persons to live in their communities as productive and mature adults. The program developed by the commission shall be consistent with the policy that a successful juvenile justice system should: (A) Hold juveniles accountable for their unlawful conduct. (B) Provide secure and therapeutic confinement to juveniles who pose a danger to the community. (C) Adequately protect both juveniles and the community. (D) Provide community-based programs and services that are located as closely as possible to the juvenile’s community. (E) Maintain juveniles in their homes, with adequate support, whenever possible and appropriate. (F) Use individualized case management plans as the basis for all treatment planning and implementation. (G) Include the juvenile’s family in the case management plan. (H) Monitor the case management plan to encourage rehabilitation and deter reoffending, providing supervision, service coordination and support where appropriate. (I) Provide a comprehensive aftercare component, including follow- up and nonresidential postrelease services when juveniles return to their families or communities. (J) Promote the development and implementation of community- based programs designed to prevent unlawful conduct and to minimize the depth and duration of the juvenile’s involvement in the criminal justice system. (K) Be coordinated with consistency between all departments throughout the state, both with respect to general policy and to particular cases. (2) To advise state agencies on matters of state policy relating to juvenile justice. (3) To evaluate the adequacy of existing services to individuals involved in the juvenile justice system and their families, and to conduct studies to identify gaps in these services. These studies may include access to MONDAY, MAY 6, 2002 238 juvenile justice-related services and support for families of individuals involved in the juvenile justice system. (4) To identify strategies and recommend resources to expand successful existing services. (5) To review or participate in the development of laws, rules and other governmental initiatives which may affect individuals involved in the juvenile justice system, and their families. (6) To provide advice regarding revisions, coordination of services, accountability and appropriations. (7) To cooperate with appropriate federal agencies in maximizing the receipt of funds in support of programs relating to juvenile justice, particularly those involving persons charged as youthful offenders under section 5505 of Title 33. (d)(1) There are established within the commission, and reporting to the juvenile justice director, the following positions: (A) A prevention specialist, responsible for programs intended to reduce delinquency and crime among juvenile offenders, including mentoring programs, early assessments, substance abuse screening, child care services, after school programs, and screening for problems which contribute to delinquency and juvenile crime. (B) An alternative sanctions specialist, responsible for programs providing alternatives to incarceration, including court diversion, probation, reparative boards, and community justice programs. (2) The specialists designated under subdivision (1) of this subsection shall: (A) Work with communities throughout the state, and analyze data and outcomes, to evaluate the efficiency and success of juvenile justice programs. (B) Monitor the statewide and cross-departmental consistency and coordination of juvenile justice programs, and the development of the comprehensive system of juvenile justice required by this section. (C) Work in district offices with probation officers, case workers and other personnel of the departments of social and rehabilitation services and of corrections to ensure that state juvenile justice programs and case plans are administered in a manner consistent with the policies of this section, and with the statutes and rules pertaining to each specialty area.

239 JOURNAL OF THE SENATE (e) The departments of social and rehabilitation services and of corrections shall provide the commission with administrative support. (f) Annually, the commission shall prepare a report of its findings and activities during the preceding year. The commission shall file its report with the governor and the general assembly, and make the report available to the public on or before January 15. Sec. 118b. TRANSFERRED POSITIONS (a) One position is transferred from the department of social and rehabilitation services to the commission on juvenile justice for the purposes of the position of prevention specialist created under subdivision 3085c(g)(1)(A) of Title 33. (b) One position is transferred from the department of corrections to the commission on juvenile justice for the purposes of the position of alternative sanctions specialist created under subdivision 3085c(g)(1)(B) of Title 33. Sec. 118c. 33 V.S.A. § 311 is amended to read: § 311. DELINQUENT CHILD SERVICES; PURPOSE AND RESPONSIBILITY The department of social and rehabilitation services, in cooperation with the department of corrections, shall have the purpose and responsibility to develop and administer a comprehensive program, developed by the commission on juvenile justice established pursuant to section 3085c of Title 3, for youthful offenders and children who commit delinquent acts, including utilization of probation services, a range of community-based treatment, training and rehabilitation programs and secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those children to live in their communities as productive and mature adults. Sec. 118d. 33 V.S.A. § 5505(f) is amended to read: (f) If the state elects to file charges in criminal court pursuant to subsection (c) of this section, the defendant A defendant in a criminal proceeding who has attained the age of 16 but not the age of 18 at the time the offense is alleged to have been committed may file a motion requesting treatment as a youthful offender. The court may transfer the proceeding to family court if it finds that: (1) the defendant has previously been adjudicated a delinquent child or has previously been convicted of a crime; MONDAY, MAY 6, 2002 240 (2) the defendant enters a plea of guilty or nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules of Criminal Procedure; (3) the defendant is amenable to treatment or rehabilitation as a youthful offender; and (4) public safety will be secured by treating the defendant as a youthful offender. Sec. 118e. 33 V.S.A. § 5518 is amended to read: § 5518. PETITION, CONTENTS The petition shall be verified and may be on information and belief. It shall set forth plainly: (1) The facts which bring the child within the jurisdiction of the court, together with a statement that it is in the best interests of the child and the public that the proceedings be brought; (2) The name, age, and residence addresses, if known to petitioner, of the parent or custodial and noncustodial parents having custody, the guardian or custodian of the child if other than parent, or, if there is no parent, guardian or custodian residing within the state, or if his or her residence address is unknown, of any known adult relative or person having the child under his or her supervision, or, if there be none, the known adult relative or such person residing nearest to the location of the court; (3) Whether the child has been taken into custody under section 5510 of this title and, if so, the place of his or her detention and the time the child was taken into custody. Sec. 118f. 33 V.S.A. § 5519a is added to read: § 5519a. NOTICE OF HEARING; NONCUSTODIAL PARENTS The court shall make reasonably diligent efforts to locate noncustodial parents and notify them of hearings held pursuant to this chapter. No hearing shall be delayed or proceeding voided by reason of the inability of the court to locate or notify the noncustodial parent. This section shall not be construed to afford party status to a person who would not otherwise be entitled to party status under this chapter.

241 JOURNAL OF THE SENATE Sec. 118g. 33 V.S.A. § 5529b is amended to read: § 5529b. DISPOSITION OF YOUTHFUL OFFENDERS (a) Upon the transfer of a case pursuant to subsection 5505(e) or (f) of this title, the court shall impose sentence. That sentence shall then be suspended and replaced with a juvenile disposition pursuant to section 5529 of this title. (b) Copies of all records relating to the criminal sentence imposed under subsection (a) of this section shall be forwarded to the district court and filed in the defendant’s criminal case file. (c) In determining an appropriate disposition, the court shall obtain input from the child’s parents, custodians or guardians, teachers, treatment providers, clergy, and all other persons that the court deems necessary. Upon the imposition of a criminal sentence, the jurisdiction of the family court shall cease and thereafter shall be assumed by the district court. (d) When practicable, the same judge who granted the motion requesting treatment as a youthful offender shall impose sentence and disposition under this section. (e)(1) The departments of social and rehabilitation services and of corrections shall have dual responsibility for supervising all persons treated as youthful offenders pursuant to subsection 5505(e) or (f) of this title. (2) When a case is transferred for youthful offender adjudication pursuant to subsection 5505(e) or (f) of this title: (A) The departments of social and rehabilitation services and of corrections shall: (i) each open and maintain a file on the offender; (ii) develop a joint case plan for the offender; and (iii) coordinate services and share information to ensure compliance with and completion of the juvenile disposition. (B) A lead case manager shall be designated who shall have final decision-making authority over the case plan and the provision of services to the offender. For offenders younger than age 18, the lead case manager shall be designated by the department of social and rehabilitation services. For offenders age 18 and older, the lead case manager shall be designated by the department of corrections. (C) The offender shall be eligible for all age-appropriate community- based programming and services provided by the departments of social and rehabilitation services and of corrections. MONDAY, MAY 6, 2002 242 Sec. 118h. 33 V.S.A. § 5801(d) is added to read: § 5801. WOODSIDE JUVENILE REHABILITATION CENTER * * * (d) Notwithstanding any other provision of law, a person under the age of 18 at the time of the offense charged may be detained at the facility if the offense charged is a misdemeanor as defined in section 1 of Title 13, provided the person is adjudicated a youthful offender under section 5505 of this title, and no person over the age of 18 may be detained at the facility. Sec. 118i. SPECIALIZED TREATMENT PROGRAMS FOR YOUNG OFFENDERS (a) Legislative intent. The specialized treatment programs for young offenders established under this section are intended for young people who already are or would be incarcerated under current law. On any given day, 260 Vermonters under the age of 21 are incarcerated in custody of the department of corrections. The legislature does not intend the programs established under this section to increase that number, or to cause incarceration of young people who would not already be incarcerated. On the contrary, it is the intent of the legislature that developing specialized treatment programs designed specifically for young offenders will reduce recidivism and decrease the number of incarcerated youth in Vermont. (b) The commissioner of the department of corrections shall establish one or more specialized treatment programs for young offenders, to become effective July 1, 2003. The programs shall each have a capacity of 50-75 beds, and shall be operated as a specialized living unit program which shall be segregated from adult offenders. (c) The commission on juvenile justice, in consultation with the juvenile justice oversight committee, shall design specialized treatment approaches which shall be incorporated into the programs for young offenders established under subsection (a) of this section. The programs shall be designed to return the offender to the community prepared to play a successful and positive role, and shall include education, substance abuse treatment, mental health counseling, and employment and vocational training. (d)(1) The following persons shall be eligible for the programs for young offenders established under subsection (a) of this section: (A) Persons charged with or convicted of felony offenses who have attained the age of 16 but not the age of 21 at the time of the offense. (B) Persons charged with or convicted of misdemeanor offenses who have attained the age of 18 but not the age of 21 at the time of the offense.

243 JOURNAL OF THE SENATE (C) Persons adjudicated youthful offenders under section 5505 of Title 33, if the sentence imposed under section 5529b of Title 33 meets the criteria of subdivision (c)(1)(A) or (B) of this section. (2) In determining the persons eligible for the programs for young offenders established under subsection (a) of this section, the court shall give priority to persons eligible under subdivision (d)(1)(C) of this section. Sec. 118j. JUVENILE JUSTICE DIRECTOR (a) The governor shall appoint a juvenile justice director, reporting directly to the secretary of the agency of human services, who shall have the responsibility and authority to monitor and coordinate all state and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication and rehabilitation. (b) The juvenile justice director shall ensure that the following occur: (1) Development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving state, regional and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities and community wellness. (2) Cooperation among state, regional and local officials, court personnel, service providers and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program. (3) Cooperation among appropriate departments, including, but not limited to, the departments of education, corrections, social and rehabilitation services, employment and training, developmental and mental health services, and public safety, and the office of alcohol and drug abuse programs. (4) Study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable. (5) Compilation data on issues relating to juvenile justice, and analysis, study and organization of such data for use by educators, researchers, policy advocates, administrators, legislators and the governor. Sec. 118k. JUVENILE JUSTICE OVERSIGHT COMMITTEE (a) A legislative juvenile justice oversight committee is created to monitor the development, implementation, and ongoing operation of the comprehensive juvenile justice and youthful offender system. The committee shall consist of eight members: four representatives, who shall not all be from the same party, and four senators, who shall not all be from the same party. The speaker of the MONDAY, MAY 6, 2002 244 house shall appoint the four members from the house of representatives, and the committee on committees shall appoint the four members from the senate. (b) The committee shall elect a chair, vice chair and clerk, and may adopt rules to carry out its duties. The legislative council shall provide primary professional and administrative support to the committee, and additional assistance shall be provided by the agency of human services. (c) The committee shall meet at least once a month until July 1, 2003. For attendance at meetings which are held when the general assembly is not in session, the members of the committee shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided to members of standing committees under 2 V.S.A. § 406. (d) In order to fulfill its duties to monitor the development, implementation, and ongoing operation of the juvenile justice and youthful offender system, the committee shall consult with the following: (1) Young people and their families who are, have been, or are at risk of becoming involved in the juvenile justice system. (2) Case workers, social workers, probation officers, nonprofit employees and other persons who work in the juvenile justice field. (3) The governor’s juvenile justice coordinator. (4) The juvenile justice commission. (5) The agency of human services. (6) The attorney general. (7) state’s attorneys. (8) The office of defender general, including the juvenile defender. (9) Any other appropriate person. (e) The juvenile justice commission shall report monthly to the committee regarding progress made on the development, implementation, and ongoing operation of the comprehensive juvenile justice and youthful offender system. (f) The committee shall report to the governor and the general assembly no later than December 1 of each year. The report shall include an evaluation of the strengths and weaknesses and successes and failures of the comprehensive juvenile justice and youthful offender system; recommendations to improve the program; and a detailed report on the development, implementation, and operation of the program.

245 JOURNAL OF THE SENATE Sec. 118l. JUVENILE JUSTICE REPORTS (a) The commissioner of the department of social and rehabilitation services and the commissioner of the department of corrections shall report on the development of alternative placements for 16 and 17-year old misdemeanants to the senate and house committees on judiciary on or before January 15, 2003. (b) The commissioner of the department of corrections shall report to the senate and house committees on judiciary on or before November 1, 2002, on the programs for young offenders developed under Sec. 118i of this act. The report shall include: (1) comprehensive design proposals for the programs; (2) proposed locations for the programs, including descriptions of the categories of offenders who would participate, and details about each proposed program’s compliance with state and federal laws regarding the separation of adult and juvenile offenders; and (3) proposals for shifting existing resources in order to minimize additional appropriations for the programs. Sec. 118m. 33 V.S.A. § 5529c is amended to read: § 5529c. MODIFICATION OR REVOCATION OF DISPOSITION (a) If a youthful offender violates the terms of a disposition order, the court shall, upon notice to the youthful offender, schedule a hearing on modification or revocation of the disposition. (b)(1) If, after a hearing, the court finds that a youthful offender has violated the terms of the disposition order, the court may: (A) modify the disposition order,; (B) impose any order provided for under section 5529 of this title, including detention, as part of a system of graduated sanctions; or (C) may impose the criminal sentence. (2) For purposes of this section, “graduated sanctions” means a continuum of consequences, designed to achieve compliance with the disposition order, which becomes increasingly more severe as the number and severity of the violations increase. (3) If imposed pursuant to subdivision (1) of this subsection, detention shall: MONDAY, MAY 6, 2002 246 (A) be for the minimum duration necessary to enable the offender to return to the community with an increased likelihood of complying with the disposition; and (B) include programming designed to accomplish the objective identified in subdivision (3)(A) of this subsection as quickly as possible. (c) Upon the imposition of a criminal sentence under subsection (b) of this section, the jurisdiction of the family court shall cease and thereafter shall be assumed by the district court. Sec. 119. 3 V.S.A. § 3026(a) is amended to read: (a) The secretary of human services, the commissioner of education, and the president of the University of Vermont shall establish a research partnership to study and make recommendations for improving the effectiveness of state and local health, human services, and education programs. Critical program outcomes relating to the well-being of Vermonters that should be addressed by the research partnership may include, without limitation, the following: (1) Children, families and individuals are engaged in and contribute to their community’s decisions and activities. (2) Pregnant woman and children thrive. (3) Children are ready for school. (4) Children succeed in school. (5) Children live in stable, supported families. (6) Youth choose healthy behaviors. (7) Youth successfully transition to adulthood. (8) Elders and people with disabilities live with dignity and independence in settings they prefer. (9) Families and individuals live in safe and supportive communities. (10) Adults lead healthy and productive lives. Sec. 120. Rate setting Personal services 593,304 Operating expenses 62,176 Total 655,480 Source of funds Interdepartmental transfer 655,480

247 JOURNAL OF THE SENATE Sec. 120a. 33 V.S.A. § 1954 is amended to read: § 1954. NURSING HOME ASSESSMENT (a) Beginning July 1, 2001 2002, each nursing home’s annual assessment shall be $2,768.69 $3,166.29 per bed licensed pursuant to section 7105 of this title on June 30 of the immediately preceding fiscal year. From the beginning of state fiscal year 2000, the annual assessment for each bed licensed as of the beginning of the fiscal year shall be prorated for the number of days during which the bed was actually licensed and any overpayment shall be refunded to the facility. To receive the refund, a facility shall notify the commissioner in writing of the size of the decrease in the number of its licensed beds and dates on which the beds ceased to be licensed. Sec. 121. Human services board Personal services 232,382 Operating expenses 19,092 Total 251,474 Source of funds General fund 98,500 Federal funds 114,706 Interdepartmental transfer 38,268 Total 251,474 Sec. 122. Developmental disabilities council Personal services 94,177 Operating expenses 37,011 Grants 271,905 Total 403,093 Source of funds Federal funds 403,093 Sec. 123. Office of child support services Personal services 6,619,561 Operating expenses 3,326,254 Total 9,945,815 Source of funds General fund 1,144,105 Special funds 454,125 Federal funds 8,240,485 Interdepartmental transfer 107,100 Total 9,945,815 MONDAY, MAY 6, 2002 248 Sec. 124. Health - administration and support Personal services 2,836,148 Operating expenses 923,333 Total 3,759,481 Source of funds General fund 1,238,033 Special funds 76,751 Federal funds 2,439,697 Interdepartmental transfer 5,000 Total 3,759,481 Sec. 125. Health - health protection Personal services 2,950,855 Operating expenses 650,861 Grants 121,700 Total 3,723,416 Source of funds General fund 1,397,068 Special funds 927,500 Federal funds 1,064,793 Interdepartmental transfer 334,055 Total 3,723,416 Sec. 126. Health - health surveillance Personal services 5,470,751 Operating expenses 1,795,124 Grants 2,520,800 Total 9,786,675 Source of funds General fund 3,805,245 Special funds 1,022,250 Federal funds 4,866,115 Permanent trust 10,000 Interdepartmental transfer 83,065 Total 9,786,675 (a) Of the above general fund appropriation, $300,000.00 shall be appropriated to the Vermont AIDS service organizations for client-based support services. The grants in this section shall be awarded equitably, on a per - client basis, and shall be used for services only, not administrative or other purposes. The method by which AIDS service organizations’ clients are counted shall be determined by mutual agreement of the department of health,

249 JOURNAL OF THE SENATE the AIDS service organizations, and the HIV/AIDS service advisory council (HASAC). (b) Of the above federal fund appropriation, the Ryan White Title II federal service funds shall be used for direct client-based support services, including services that assist people living with HIV/AIDS to access medical care. The department shall follow federal guidelines, and shall be advised by the HIV/AIDS service advisory council (HASAC) for the purpose of prioritization of the use of these funds. Criteria shall be developed by the department, in collaboration with the HASAC, to govern situations when the department may select providers outside the existing AIDS service organizations network to receive part of these Ryan White Title II funds. Sec. 127. HIV/AIDS MEDICAL ASSISTANCE PROGRAM (a) Of the general fund appropriation in this act for Health - health surveillance, $175,000.00 shall be used for all aspects of the HIV/AIDS medication assistance program (AMAP), including the costs of prescribed medications, related laboratory testing, nutritional supplements and maximum cost - effectiveness for the program. (b) The secretary of human services shall immediately notify the joint fiscal committee if, at any time, there are insufficient funds in AMAP to assist all eligible individuals. The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the legislature can take action. (c) The secretary of human services shall work in conjunction with the AMAP advisory committee, comprised of no less than 50 percent members who are living with HIV/AIDS. The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements and eligibility for the program. Sec. 128. Health - health improvement Personal services 6,466,272 Operating expenses 1,492,659 Grants 9,869,284 Total 17,828,215 Source of funds General fund 2,768,181 Special funds 783,801 Tobacco fund 4,175,000 Federal funds 9,922,669 Interdepartmental transfer 178,564 Total 17,828,215 MONDAY, MAY 6, 2002 250 (a) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match Federal National Health Service Corps loan repayment funds, local funds, or private funds, and shall be made available to primary care providers, dentists, and licensed nurses who agree to practice for a prescribed period of time in the state, serving a portion of the state designated as a health professional shortage population, or other rural or underserved areas. Educational scholarships, loan repayment grants, loan deferment payments, and payments of taxes due on the award may be considered for payment. (b) Of the above appropriation, $300,000.00 is to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families. The coalition shall report to the general assembly, on or before January 1 of each year, with a fiscal and program accounting of expenditures made with the monies appropriated by the general assembly. (c) The above tobacco appropriation in this section shall be utilized according to the provisions of chapter 225 of Title 18, as follows: (1) community-based activities - $1,100,000.00; (2) countermarketing - $1,000,000.00; (3) tobacco cessation programs - $1,275,000.00; (4) statewide programs - $200,000.00; and (5) program surveillance and evaluation - $600,000.00. Sec. 129. 18 V.S.A. § 10 is amended to read: § 10. EDUCATIONAL ASSISTANCE; INCENTIVES; NURSES (a) A Vermont resident enrolled in an accredited registered nursing or licensed practical nursing program in Vermont, is eligible for a loan of up to $6,000.00 per year provided: (1) graduation from the program will result in eligibility to sit for the NCLEX-RN nursing examination in the case of a registered nurse or the NCLEX-PN in the case of a licensed practical nurse; and (2) the student is enrolled as a full time student in the program. (b) The amount of up to $6,000.00 of a loan awarded under this section shall be cancelled and forgiven for each year the student is a resident of Vermont and employed as a registered nurse or licensed practical nurse in Vermont. Eligibility for this program shall be determined by the department of

251 JOURNAL OF THE SENATE health, in consultation with schools, providers and the Area Health Education Center (AHEC). The commissioner may require certification of compliance with this subsection prior to forgiving all or a portion of the loan. (c) The commissioner shall award up to $6,000.00 per year for up to four years, to any licensed registered nurse or practical nurse who has outstanding educational loans and who has not received or is not eligible to receive loan forgiveness under subsection (b) of this section, for each year the nurse is employed as a registered or practical nurse. Eligibility for this program shall be determined by the department of health, in consultation with schools, providers and the AHEC. The commissioner may require certification of compliance with this subsection prior to making an award. (d) In any year in which the commissioner does not have sufficient funds to carry out the provisions of this section, the The commissioner shall use funds appropriated first to provide loans and loan forgiveness pursuant to subsections (a) and (b) of this section. Remaining funds shall be used to provide awards pursuant to subsection (c) of this section, giving priority to those nurses serving in an undersupplied nursing specialty or in a geographic area of Vermont which is underserved. (e) This program shall apply to registered nurses or licensed practical nurses who have graduated after April 1, 2001. (f) This section shall be repealed effective June 30, 2005. Sec. 130. Health - community public health Personal services 9,959,322 Operating expenses 1,522,480 Grants 12,428,236 Total 23,910,038 Source of funds General fund 4,570,113 Special funds 558,700 Federal funds 18,695,225 Interdepartmental transfer 86,000 Total 23,910,038 Sec. 131. Health - alcohol and drug abuse programs Personal services 2,236,451 Operating expenses 480,942 Grants 11,050,762 Total 13,768,155 Source of funds MONDAY, MAY 6, 2002 252 General fund 3,590,413 Special funds 86,000 Tobacco fund 1,941,000 Federal funds 8,150,742 Total 13,768,155 (a) For the purpose of meeting the need for outpatient substance abuse services when the preferred provider system has a waiting list of five days or more, or there is a lack of qualified clinicians to provide services in a region of the state, a state-qualified alcohol and drug abuse counselor may apply to the department of health, division of alcohol and drug abuse programs, for time - limited authorization to participate as a Medicaid provider to deliver clinical and case coordination services, as authorized. (b) Of the above tobacco fund appropriation, $500,000.00 shall be granted for opiate treatment. (c) Of the above appropriation, Maple Leaf Farm shall be reimbursed for Medicaid and uninsured (ADAP grant) at a combined rate of $157.00 per day for primary and residential care. (d)(1) In accordance with federal law, the division of alcohol and drug abuse programs may use the following interim criteria to determine whether to enroll a state-supported Medicaid and uninsured population substance abuse program in the division’s network of designated providers, as described in the state plan: (A) The program’s ability to provide the quality, quantity and levels of care required under the division’s standards, licensure standards, and accreditation standards established by the Commission of Accreditation of Rehabilitation Facilities, the Joint Commission on Accreditation of Healthcare Organizations, or the Commission on Accreditation for Family Services. (B) Any program that is currently being funded in the existing network shall continue to be a designated program until further standards are developed, provided the standards identified in subdivision (1) of this subsection are satisfied. (C) All programs shall continue to fulfill grant or contract agreements. (2) The provisions of subdivision (1) shall not preclude the division’s “request for bids” process. (3)(A) A commission on the state Medicaid and uninsured substance abuse treatment provider reimbursement network is created to consider whether to create a preferred provider system, or whether to create an any

253 JOURNAL OF THE SENATE willing provider system. If the commission recommends creating a preferred provider system ,it shall recommend criteria to use when designating and un- designating a preferred provider. (B) The commission’s findings and recommendations shall be reported to the house and senate committees on appropriations and on health and welfare on or before January 1, 2003. (C) The commission shall consist of the director of the division of drug and alcohol abuse programs, two members of the house of representatives appointed by the speaker of the house, two members of the senate appointed by the committee on committees, the president of the Vermont Association of Addiction Treatment Programs, and five additional members appointed by the secretary of human services: a representative of Friends of Recovery, a private practitioner, a representative of an inpatient treatment program, a representative of an outpatient treatment program, and a representative of the agency of human services with knowledge and experience in the Medicaid program. (D) The secretary shall appoint members on or before July 1, 2002, and shall convene the first meeting of the commission within 30 days following initial appointments. The secretary shall appoint a chair and vice chair at the first meeting. Commission members shall serve without compensation, except that legislative members shall receive per diem compensation and reimbursement of expenses in accordance with 2 V.S.A. § 406. The agency of human services shall provide professional and administrative support to the commission. (4) The provisions of this subsection shall be repealed on June 30, 2003. Sec. 132. OPIATE ADDICTION TREATMENT (a) Notwithstanding the provisions of 18 V.S.A. § 4702(b)(7), the commissioner of health may approve up to five opiate addiction treatment programs operated by, and located outside of, a hospital or medical school, after consideration of the space requirements and space availability at the hospital or medical school, provided the program is located in a multi-use building, so the purpose for which a person is entering or leaving the building is not obvious. Programs approved by the commissioner shall be located in close proximity to other medical and social services, and shall not be geographically located in isolated community settings. MONDAY, MAY 6, 2002 254 Sec. 133. REIMBURSEMENT RATES FOR OPIATE ADDICTION TREATMENT PROGRAMS (a) The commissioner of health shall establish, after conducting negotiations with hospitals and medical schools, reimbursement rates that reflect the reasonable cost of opiate addiction treatment programs. Sec. 134. Medical practice board Personal services 481,742 Operating expenses 114,497 Total 596,239 Source of funds Special funds 596,239 Sec. 135. Medical practice board - Vermont practitioner health program Personal services 40,000 Source of funds Special funds 40,000 Sec. 136. Social and rehabilitation services - administrative and support services Personal services 1,925,058 Operating expenses 303,442 Total 2,288,500 Source of funds General fund 1,015,032 Federal funds 1,222,385 Total 2,288,500 Sec. 137. Social and rehabilitation services - social services Personal services 15,552,390 Operating expenses 2,640,799 Grants 47,591,473 Total 65,784,662 Source of funds General fund 24,641,072 Special funds 962,450 Federal funds 40,181,140 Total 65,784,662 (a) Of the above appropriation, $681,580.00 shall be used to support runaway youth with crisis and family stabilization support services. Funds in this section shall be provided to the Vermont coalition of runaway and homeless youth programs through a grant from the agency of human services

255 JOURNAL OF THE SENATE for the purpose of reducing the rate of out-of-home placements by coordinating with the departments of developmental and mental health services and of social and rehabilitation services immediate response and family stabilization programs and other community - based programs that maximize federal receipts, including the coordination of data collection and tracking outcomes for children, youth and families. Sec. 138. Social and rehabilitation services - child care services Personal services 1,711,859 Operating expenses 389,063 Grants 27,581,981 Total 29,682,903 Source of funds General fund 5,797,402 Transportation fund 75,000 Special funds 832,000 Federal funds 22,901,249 Interdepartmental transfer 77,252 Total 29,682,903 (a) The division of child care services shall not impose a cap on the number of subsidized child care scale slots without prior review of program utilization during the fiscal year 2003 budget adjustment process. (b) Of the above appropriation, $100,000.00 shall be for a child care facilities fund. This fund shall be utilized on an on-going basis for the provision of emergency loans or grants to child care facilities for various capital improvements for the facilities’ continued economic viability. This financial assistance shall only be available to licensed facilities, and priority shall be given to assisting facilities in greatest financial distress whose financial circumstances impede their ability to obtain commercial financing for necessary improvements. The department may provide loans, grants, or combinations thereof, as the circumstances warrant. In the event that a property for which a grant has been awarded changes use within less than three years of the award, the state may pursue recovery of all or a portion of the amount of the grant award. Recovery may be through a lien on the property or other means considered reasonable. Change of use shall mean the property no longer serves as a child care facility as when the grant was awarded. The fund shall be used in a manner that maximizes other funding sources to meet financial and programmatic needs. Sec. 139. [Deleted] Sec. 140. [Deleted] MONDAY, MAY 6, 2002 256 Sec. 141. [Deleted] Sec. 142. Social and rehabilitation services - Woodside rehabilitation center Personal services 2,108,338 Operating expenses 361,243 Total 2,469,581 Source of funds General fund 2,441,844 Interdepartmental transfer 27,737 Total 2,469,581 (a) The departments of social and rehabilitation services and of corrections shall, by November 1, 2002, submit to the senate committees on judiciary and on appropriations a report on placement and supervision of detained or sentenced 16 and 17-year-old youth in the custody of the department of corrections, and the most appropriate use of the Woodside facility. The report shall examine the confinement, community supervision and treatment needs of these youth, recommend options for service improvement, and shall include a review of transitional services for youth leaving the custody of the commissioner of social and rehabilitation services. The report shall also include recommendations regarding placement of the emergency services program in a state-owned facility, as well as examining combining administrative and supervisory functions of the emergency services program with other functions of the department. Sec. 143. Social and rehabilitation services - disability determination services Personal services 2,767,702 Operating expenses 457,329 Total 3,225,031 Source of funds Federal funds 2,979,886 Interdepartmental transfer 245,145 Total 3,225,031 Sec. 144. Social and rehabilitation services - family support child care Grants 1,489,949 Source of funds General fund 812,638 Federal funds 677,311 Total 1,489,949

257 JOURNAL OF THE SENATE Sec. 145. Prevention, assistance, transition, and health access - administration Personal services 26,081,637 Operating expenses 4,808,407 Grants 910,737 Total 31,800,781 Source of funds General fund 12,070,236 Special funds 1,962,319 Federal funds 17,768,226 Total 31,800,781 (a) Notwithstanding the requirements in 3 V.S.A. §2222 that require an independent expert review of any recommendation for information technology activity, the department of prevention, assistance, transition, and health access shall be exempted from the operation of the statute when the department is engaged in multi-state coordinated activities that utilize a technology system common to all the participating states. Sec. 146. Prevention, assistance, transition, and health access - Reach Up Grants 43,538,736 Source of funds General fund 16,426,772 Special funds 2,200,000 Federal funds 24,911,964 Total 43,538,736 (a) An 18-year-old dependent child who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and reasonably expected to complete the program before reaching age 19 or not expected to complete the program before reaching age 19 solely due to a documented disability, may remain on the Reach Up grant. Coverage of disabled 18-year olds shall remain in effect for so long as required by court decision. Sec. 147. Prevention, assistance, transition, and health access - aid to aged, blind and disabled Personal services 1,231,308 Grants 9,574,128 Total 10,805,436 Source of funds General fund 10,805,436 MONDAY, MAY 6, 2002 258 Sec. 148. Prevention, assistance, transition, and health access - Medicaid Personal services 13,664,281 Grants 468,069,123 Total 481,733,404 Source of funds General fund 67,500,000 Tobacco fund 17,250,000 Federal funds 304,079,889 Special funds 92,903,515 Total 481,733,404 (a) HIV/AIDS health insurance assistance program. (1) The department, in cooperation with the department of health, shall operate an HIV/AIDS insurance assistance program. (2) The program shall pay all or a portion of continuation health insurance premiums for those eligible individuals with HIV/AIDS for whom it can be determined that continuation of private insurance coverage is less costly to the state than other alternatives. (3) Eligibility for this program shall be limited to individuals whose household income does not exceed 200 percent of the federal poverty level, after deducting unreimbursed medical expenses and health insurance premiums from gross income, and whose assets, exclusive of the primary residence and certain other exclusions to be defined by the department of prevention, assistance, transition, and health access, do not exceed $10,000.00. (4) Expenditures under this program shall not exceed $55,000.00 in fiscal year 2003. (b) The commissioner shall adopt rules for VHAP, for otherwise eligible individuals, so that: (1) Uninsured or underinsured individuals who did not have coverage under another health insurance plan within the 12 months prior to the month of application or meet one of the exceptions listed in subdivision (2) of this subsection shall be permitted to enroll in VHAP. (2) Individuals shall be permitted to enroll in the VHAP despite having had coverage during the prior 12 months, if: (A) their employer-sponsored coverage ended because of: (i) loss of employment; (ii) death of the principal insurance policyholder;

259 JOURNAL OF THE SENATE (iii) divorce or dissolution of a civil union; (iv) no longer qualifying as a dependent under the plan of a parent or caretaker relative; or (v) no longer qualifying for COBRA, VIPER or other state continuation coverage; or (B) college or university-sponsored health insurance became unavailable to them because they graduated, took a leave of absence, or otherwise terminated their studies; or (C) their household income, after allowable deductions, is at or below 75 percent of the federal poverty guideline for households of the same size. (c) The department is not authorized to amend the rules for the Medicaid program to require adult beneficiaries to pay a 50 percent coinsurance for services provided for the determination of visual efficiency and the measurement of the powers or defects of vision, and eyewear. (d) The department is not authorized to amend the rules for VHAP to require beneficiaries to pay a 50 percent coinsurance for services provided for the determination of visual efficiency and the measurement of the powers or defects of vision, and eyewear. (e) The department is authorized to amend the rules for VHAP to require beneficiaries to pay a $25.00 copayment for each emergency room visit, a $5.00 per day copayment for each hospital outpatient visit, and an $5.00 copayment for physician, other practitioner, and physical, occupational, speech and nutrition therapy visits. Such rules shall not be amended to require VHAP beneficiaries to pay a $250.00 deductible for each hospital admission. (f) The sum of $267,000.00 of state funds appropriated by this section shall be allocated to increase per diem reimbursement for residential care facilities. (g) The department is not authorized to amend the rules for the Medicaid program to eliminate coverage for dentures for adults, nor to modify the scope of coverage for dental services for adults to be limited to the alleviation of pain and suffering, or to control infection. (h)(1) On or before July 1, 2002, the department shall implement a comprehensive preferred drug list for all state pharmaceutical assistance programs, as authorized by Sec. 123(n) of No. 63 of the Acts of the 2001 Session of the General Assembly. In developing the comprehensive preferred drug list, the department, the department’s pharmacy benefit manager and the department’s drug utilization review board shall review and consider for inclusion on the preferred drug list all prescription drugs on the Medicaid MONDAY, MAY 6, 2002 260 formulary, and all possible therapeutic classes of prescription drugs. As used in this subdivision, “state pharmaceutical assistance programs” include the prescription drug coverage programs provided through Medicaid, VHAP, VHAP-Pharmacy, VScript, VScript-Expanded, the state children’s health insurance program, the General Assistance program, and any other state pharmaceutical assistance program. (2) VHAP-Rx program beneficiaries shall pay a copayment of $1.00 for each generic drug dispensed, and a copayment of $3.00 for each other drug dispensed. (3) VScript program beneficiaries pay a copayment of $2.00 for each generic drug dispensed, and a copayment of $4.00 for each other drug dispensed. (4) VScript-Expanded program beneficiaries shall pay a premium of $10.00 per person per month. (i) The department is not authorized to amend the rules for the Medicaid and VHAP programs to eliminate coverage for chiropractic services for adults. (j) The Medicaid and VHAP programs shall continue to include coverage of adult podiatry services. (k) The rules for hospital outpatient reimbursement shall not be amended to pay, on an interim basis, a hospital specific interim percentage of charge, less ten percent. (l) The sum of $355,000.00 of state fund amounts appropriated by this section shall be allocated for an annual cost of service increase for hospitals in accordance with established reimbursement methodologies. The sum of $1,250,000.00 of state and federal fund amounts appropriated by this section shall be allocated, together with provider tax receipts, for disproportionate share payments to hospitals. (m) The commissioner shall amend the Medicaid rules and procedures related to income, resources, and transfers of assets used to determine eligibility of individuals for long - term care coverage. These amendments shall include each of the following changes: (1) Applicants or recipients of Medicaid shall be permitted to claim one principal place of residence as an excluded resource, subject to federal law. If the applicant or recipient owns any legal interest in more than one residence, he or she must designate which one residence shall enjoy the principal place of residence exclusion. His or her interests in the other residences shall be considered countable resources.

261 JOURNAL OF THE SENATE (2) A life estate held by the applicant or recipient with a reserved power- to-sell (other than the principal place of residence) shall be considered a countable resource and valued at the full fair market value of the fee estate, notwithstanding the purported creation of a remainder interest in another party. (3) The current rule permitting the applicant or recipient to retain jointly-owned real estate when one or more of the co-owners refuses to sell shall be repealed with respect to joint interests created within the 36-month lookback period and, instead, a rebuttable presumption shall exist that full equity value of the real estate is owned by the applicant or recipient. If the applicant or recipient succeeds in rebutting the presumption by showing that one or more of the co-owners have purchased shares of the property, the department shall consider the applicant’s or recipient’s proportional (not pro rata) contribution toward the value of the property in calculating the resource value to the applicant or recipient. This rule shall not apply to joint-interests created prior to the lookback period. (4) The commissioner shall adopt rules that are comparable with and no less restrictive than the Supplemental Security Income regulations concerning treatment of real estate held out for sale (i.e., the bona fide effort to sell rules). (5) The current rule permitting the applicant or recipient to retain income-producing property shall be amended to clarify that such property shall be considered a countable resource unless the real estate generates at least six percent of its fair market value in net annual income after allowable expenses related to producing the income are deducted. (6) The current rule permitting the applicant or recipient to transfer up to the value of the average monthly cost of private nursing home care without incurring a disqualification penalty (so-called partial month transfers) shall be repealed and replaced with a rule permitting applicants or recipients to transfer no more than the average daily cost of nursing home care without penalty. (7) The current rules pertaining to burial funds shall be repealed and replaced with a rule permitting applicants or recipients to conserve up to $10,000.00 for funeral and burial expenses. The $10,000.00 limit shall apply regardless of the manner in which the funds are held (revocable vs. irrevocable; burial contract vs. burial trust vs. bank account vs. insurance designated for burial). (8)(A) Purchase of annuities within the 36 - month lookback period naming a beneficiary other than the applicant or recipient or the applicant’s or recipient’s spouse shall be considered a transfer of assets, and the full purchase price of the annuity shall be considered in calculating the disqualification MONDAY, MAY 6, 2002 262 penalty. Purchase of an annuity naming the applicant’s or recipient’s spouse as the beneficiary shall be an excluded resource, provided: (i) the term of the annuity is no shorter than the spouse’s actuarial life expectancy; and (ii) the applicant or recipient is named as the primary beneficiary of any remaining annuity payments following the death of the spouse. (B) Annuity payments received by the applicant’s or recipient’s spouse shall be counted as income when calculating the spouse’s own eligibility for Medicaid. If payments from the annuity, when combined with other income received by the community spouse, exceed the Medicaid spousal income allocation, any income in excess of the spousal income allocation must be used to pay for the applicant’s or recipient’s care. (n) The sum of $400,000.00 of state fund amounts appropriated by this section shall be allocated for an annual cost-of-service increase for physicians and other health care providers. (o) The sum of $100,000.00 of state fund amounts appropriated by this section shall be allocated for an annual cost-of-service increase for dental providers. (p) The sum of $200,000.00 of state fund amounts appropriated by this section shall be allocated for the state share of pharmacy discount program payments pursuant to the provisions of H.31 as enacted by this session of the General Assembly. (q) Definitions. As used in this section: (1) “Commissioner” means the commissioner of the department of prevention, assistance, transition, and health access. (2) “Department” means the department of prevention, assistance, transition, and health access. (3) “Health assistance programs administered by the department” means Medicaid, VHAP, VHAP-Pharmacy, VScript, VScript-Expanded, the state children’s health insurance program, the medical assistance component of the General Assistance program, and any other state health care assistance program administered by the department. (4) “Medicaid” or “Medicaid program” means the medical assistance program authorized by chapter 19 of Title 33 and Title XIX of the federal Social Security Act. (5) “VHAP” or “Vermont health access plan” means the programs of health care assistance authorized by federal waivers under Section 1115 of the

263 JOURNAL OF THE SENATE Social Security Act, by No. 14 of the Acts of the 1995 session of the General Assembly, and by further acts of the General Assembly. (6) “VHAP-Pharmacy” means the VHAP program of state pharmaceutical assistance for elderly and disabled Vermonters with income up to and including 150 percent of the federal poverty level (hereinafter “FPL”). (7) “VScript” means the Section 1115 waiver program of state pharmaceutical assistance for elderly and disabled Vermonters with income over 150 and less than or equal to 175 percent of FPL, and administered under subchapter 4 of chapter 19 of Title 33. (8) “VScript-Expanded” means the state-funded program of pharmaceutical assistance for elderly and disabled Vermonters with income over 175 and less than or equal to 225 percent of FPL, and administered under subchapter 4 of chapter 19 of Title 33. Sec. 149. Prevention, assistance, transition, and health access - general assistance Grants 4,076,260 Source of funds General fund 3,264,939 Special funds 1 Federal funds 811,320 Total 4,076,260 (a) Of the above appropriation, $227,000.00 in federal TANF funds and $50,000.00 in general funds is allocated specifically for assistance to families who demonstrate that they are faced with a reasonably preventable loss of housing and who meet state requirements for this assistance, as established by regulation effective July 1, 1998, including modifications effective July 1, 1999 and July 1, 2000. Of the above general fund appropriation, $50,000.00 shall be used for the “Not For Cause” rental assistance program. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds. (b) The commissioner of prevention, assistance, transition and health access, after consultation with organizations representing affected general assistance recipients, shall file with the legislative committee on administrative rules, before October 1, 2002, a final proposed rule amending the standards and procedures for awarding assistance in connection with nonpayment of rent or mortgage arrearage, with the goal of creating a more rational, efficient and effective program. MONDAY, MAY 6, 2002 264 (c) Of the above appropriation, an amount not to exceed $150,000.00 ($75,000.00 federal TANF funds and $75,000.00 general funds) may be expended for temporary housing assistance to individuals and families that have reached the 28-day maximum allowed under department regulations, and have a continued need for this type of emergency assistance. Assistance shall be limited to an additional 56 cumulative days beyond the current 28-day maximum. Assistance under this provision is not an entitlement, and shall cease upon expenditure of these allocated funds. (d) The commissioner of prevention, assistance, transition, and health access shall adopt rules to require the cremation of the bodies of individuals buried at public expense, as authorized by 33 V.S.A. § 2301, unless the decedent or the decedent’s family has expressly requested an alternate arrangement. (e) The commissioner of prevention, assistance, transition, and health access shall establish the procedures necessary to limit general assistance payment for medical and dental services and items to those required to treat an emergency medical need, as defined by rule, for applicants not subject to an income eligibility test. Such procedures shall, at a minimum, incorporate the features of the pharmacy best practices and cost control program authorized under Sec. 123(n) of No. 63 of the Acts of 2001, and the establishment of a list of drug classifications for which general assistance payments are not made. The commissioner shall adopt such rules as are necessary to establish the procedures specified in this subsection. Sec. 150. Prevention, assistance, transition, and health access - home heating fuel assistance/LIHEAP Personal services 20,000 Operating expenses 90,000 Grants 8,352,075 Total 8,462,075 Source of funds Special funds 8,462,075 Sec. 151. PREVENTION, ASSISTANCE, TRANSITION, AND HEALTH ACCESS - HOME HEATING FUEL ASSISTANCE/LIHEAP (a) All federal funds granted to the state for home heating fuel assistance under the Low Income Home Energy Assistance Program (LIHEAP) or other similar federal program in fiscal year 2003, and all unexpended LIHEAP funds granted to the state in fiscal year 2002, are hereby transferred to the home heating fuel assistance trust fund for the provision of home heating fuel assistance, including program administration, under chapter 26 of Title 33.

265 JOURNAL OF THE SENATE (b) For the purpose of a crisis set-aside, seasonal home heating fuel assistance through December 31, 2002, and program administration, the commissioner of finance and management shall transfer $2,550,000.00 from the home weatherization assistance trust fund to the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are not available. An equivalent amount shall be returned to the home weatherization trust fund from the home heating fuel assistance trust fund to the extent that federal LIHEAP or similar federal funds are received. Should a transfer of funds from the home weatherization assistance trust fund be necessary for the 2002-2003 crisis set-aside and seasonal home heating fuel assistance through December 31, 2002, and LIHEAP funds awarded as of December 31, 2002 for fiscal year 2003 do not exceed $2,550.000.00, subsequent payments under the home heating fuel assistance program shall not precede January 30, 2003. Notwithstanding any other provision of law, payments authorized by the office of home heating fuel assistance shall not exceed funds available, except that for fuel assistance payments made through December 31, 2002, the commissioner of finance and management may anticipate receipts into the home weatherization assistance trust fund. Sec. 152. THE ADOPTION OF PREVENTION, ASSISTANCE, TRANSITION, AND HEALTH ACCESS RULES (a) The secretary of human services is authorized to adopt rules under the expeditious rulemaking procedures provided in this section in order that changes reflected in this act to programs administered by the department of prevention, assistance, transition, and health access may be implemented by July 1, 2002. Notwithstanding the provisions to the contrary of 3 V.S.A. chapter 25, the agency of human services may file prior to and adopt, effective July 1, 2002, all rules necessary to: (1) exempt all individuals domiciled in the state of Vermont from the implementation of Sec. 115(a) of Public Law 104-193 through June 30, 2003; (2) amend the 12-month rule for VHAP eligibility pursuant to Sec. 148(b) of this act; (3) amend cost sharing for VHAP beneficiaries pursuant to Sec. 148(e) of this act; (4) amend cost sharing for VHAP-Rx, VScript and VScript-Expanded beneficiaries pursuant to Sec. 148(h) of this act; and (5) amend long term care eligibility rules pursuant to Sec. 148(m) of this act. MONDAY, MAY 6, 2002 266 (b) Such rules may be adopted by filing them in proposed form with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after the agency of human services publication, in three daily Vermont newspapers of highest average circulation, of a notice that lists all rules to be adopted by this process and provides for a seven-day public comment period. The legislative committee on administrative rules shall review and may approve or object to the final proposed rules under the provisions of 3 V.S.A. § 842, except that its action shall be completed within 20 days. Rules so adopted may be effective as soon as five days after adoption, have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25, and may supersede or amend existing rules. Any such rules filed by the secretary of human services with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the secretary of state if filed with a certification by the secretary of human services that the rule is required to meet the purposes of this section. Sec. 153. Prevention, assistance, transition, and health access - food stamp cash out Grants 4,790,717 Source of funds Federal funds 4,790,717 Sec. 154. Developmental and mental health services - central office Personal services 2,131,984 Operating expenses 756,772 Total 2,888,756 Source of funds General fund 1,293,277 Federal funds 1,595,479 Total 2,888,756 Sec. 155. Developmental and mental health services - community mental health Personal services 2,138,146 Operating expenses 419,071 Grants 74,969,447 Total 77,526,664 Source of funds General fund 23,333,795 Special funds 6,893,538 Federal funds 45,290,085 Interdepartmental transfer 2,009,246

267 JOURNAL OF THE SENATE Total 77,526,664 Sec. 156. Developmental and mental health services - developmental services Personal services 2,835,093 Operating expenses 480,972 Grants 81,517,110 Total 84,833,175 Source of funds General fund 31,099,259 Special funds 905,890 Federal funds 51,734,726 Interdepartmental transfer 1,093,300 Total 84,833,175 Sec. 157. Developmental and mental health services - Vermont state hospital Personal services 9,370,691 Operating expenses 1,288,146 Grants 143,000 Total 10,801,837 Source of funds General fund 3,939,189 Special funds 145,064 Federal funds 6,717,584 Total 10,801,837 (a) The commissioner of the department of buildings and general services is directed to undertake an analysis of the food service programs at the Waterbury and Montpelier state complexes to determine whether such services should remain privatized or be combined utilizing state employees under the management of the department of buildings and general services. The commissioner shall report findings and recommendations with a budget summary to the general assembly on or before January 15, 2003. No privatization of these services shall be made without legislative approval. Sec. 158. Developmental and mental health services - employment services Grants 931,188 Source of funds General fund 348,544 Federal funds 582,644 Total 931,188 Sec. 159. Aging and disabilities - administration and support Personal services 12,844,578 MONDAY, MAY 6, 2002 268 Operating expenses 2,174,340 Total 15,018,918 Source of funds General fund 4,244,235 Special funds 295,000 Federal funds 9,402,807 Interdepartmental transfer 1,076,876 Total 15,018,918 (a) Personal care attendants are exempt from 21 V.S.A. § 342 and shall not be construed as state employees except for purposes of 21 V.S.A. chapters 9 and 17. (b) Of the above appropriation, at least $10,000.00 shall be expended by the department for the support of “The Independent”, an independent newsletter to provide information and education on aging and disabilities issues. Sec. 160. Aging and disabilities - division of advocacy and independent living Grants 17,824,820 Source of funds General fund 8,354,725 Transportation fund 522,000 Special funds 710,855 Federal funds 8,162,240 Interdepartmental transfer 75,000 Total 17,824,820 (a) Notwithstanding 32 V.S.A. § 706, the department may transfer up to $250,000.00 in general funds for the elderly mental health initiative to the department of developmental and mental health services to maximize the use of Medicaid funds. (b) The conversion of 10 lower-level beds to nursing home level of care shall be deemed approved, notwithstanding the provisions of subchapter 5 of chapter 221 of Title 18, provided that the nursing home has reduced the number of its nursing home beds from 50 to 30 within the previous five years, and the potential annual cost to the state, calculated by assuming that all converted beds will be funded by Medicaid, shall not exceed $250,000.00. Sec. 161. Aging and disabilities - blind and visually impaired Grants 1,416,285 Source of funds General fund 540,106 Special funds 120,000

269 JOURNAL OF THE SENATE Federal funds 756,179 Total 1,416,285 Sec. 162. Aging and disabilities - vocational rehabilitation Grants 5,095,515 Source of funds General fund 1,579,195 Federal funds 3,516,320 Total 5,095,515 Sec. 163. Aging and disabilities - TBI home and community based waiver Grants 2,251,760 Source of funds General fund 842,834 Federal funds 1,408,926 Total 2,251,760 (a) The state shall allocate the appropriation for the traumatic brain injured waiver for fiscal year 2003 in the following manner: rehabilitation program, 77 slots; long-term program, 22 slots. The number of long-term program slots may be increased by no more than eight if matching funds are available to support the additional slots. Sec. 164. Office of economic opportunity Personal services 373,206 Operating expenses 78,588 Grants 4,924,278 Total 5,376,072 Source of funds General fund 1,094,134 Special funds 91,615 Tobacco fund 50,000 Federal funds 3,774,946 Interdepartmental transfer 365,377 Total 5,376,072 (a) Of the above general fund appropriation, $485,000.00 shall be granted to community agencies for homeless assistance by preserving existing services or increasing resources available statewide. These funds may be granted alone or in conjunction with federal McKinney emergency shelter funds. Grant decisions shall be made with assistance from the coalition of homeless Vermonters. MONDAY, MAY 6, 2002 270 (b) On a one-time basis in fiscal year 2003, $23,000.00 of the above general fund appropriation shall be for an emergency grant to a homeless assistance program that is facing funding shortfalls that will result in significantly reduced services.

271 JOURNAL OF THE SENATE Sec. 165. Office of economic opportunity - weatherization assistance Personal services 143,735 Operating expenses 30,761 Grants 5,276,940 Total 5,451,436 Source of funds Special funds 4,500,998 Federal funds 950,438 Total 5,451,436 Sec. 166. Corrections - administration Personal services 1,867,690 Operating expenses 322,087 Grants 3,503,263 Total 5,693,040 Source of funds General fund 2,123,040 Special funds 20,000 Federal funds 3,550,000 Total 5,693,040 (a) The department of corrections, the court administrator, the office of state’s attorneys and the office of the defender general shall report to the house and senate committees on judiciary on or before January 15, 2003 on the increase in the number of pre-trial detainees. The report shall include data on the number of current and past pre-trial detainees, causes of the recent increase in the number of pre-trial detainees, descriptions of the costs of housing pre- trial detainees as compared to releasing those persons pending trial, and recommendations for legislation to reduce the number of trial detainees. Sec. 167. Corrections - parole board Personal services 214,159 Operating expenses 65,555 Total 279,714 Source of funds General fund 279,714 (a) To reduce the costs of transportation and meeting time, the parole board is directed, whenever possible, to conduct interviews and reviews with inmates eligible for parole and parolees though the use of videoconferencing technology. MONDAY, MAY 6, 2002 272 Sec. 168. Corrections - correctional education Personal services 2,628,772 Operating expenses 362,210 Total 2,990,982 Source of funds General fund 2,545,154 Interdepartmental transfer 445,828 Total 2,990,982 Sec. 169. Corrections - correctional services Personal services 49,886,235 Operating expenses 23,693,812 Grants 379,500 Total 73,959,547 Source of funds General fund 71,315,197 Transportation fund 1,424,702 Special funds 474,500 Tobacco funds 87,500 Federal funds 465,651 Interdepartmental transfer 191,997 Total 73,959,547 (a) Of the above general fund appropriation, $67,000.00 shall be used as a grant to Dismas House of Vermont, Inc. (b) In order to achieve reductions in the cost of placements of Vermont inmates in out-of-state correctional facilities, the commissioner of corrections is directed to solicit competitive bids from public and private correctional facilities and institutions located in another state. (c) Any fees collected by the department pursuant to 28 V.S.A. § 102(c) (14) in excess of $500,000.00 may be used by the department to establish criminal justice grants under section 101 of this title, or for any other purpose to further the goals of restorative justice and offender re-entry. Sec. 170. 28 V.S.A. § 102(c)(14) is amended to read: (14) To collect a fee in the amount of $30.00 per month as a supervisory fee from each person under the supervision of the department who is on probation, furlough, supervised community service, or parole, except that offenders on reparative probation, and offenders who cannot pay or can demonstrate other good cause may be exempted from such fee. Supervisory fees collected by he department shall be credited to a special supervision and victim restitution fund established and managed pursuant to 32 V.S.A. chapter

273 JOURNAL OF THE SENATE 7, subchapter 5, for this purpose and shall be used by the department for expenditures relating to probation, furlough, supervised community service and parole programs and to reimburse victims of crime. In every fiscal year, operational expenses shall take precedence over victim restitution. The commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision fees. To collect a fee up to the amount of $30.00 per month as a supervisory fee from each person under the supervision of the department who is on probation, furlough, pre-approved furlough, supervised community sentence or parole. Supervisory fees collected by the department shall be credited to a special supervision and victim restitution fund, established and managed pursuant to 32 V.S.A, chapter 7, subchapter 5, for this purpose. The commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision fees and the offender’s ability to pay such fees. Sec. 170a. Sec. 103 of No. 63 of the Acts of 2001, as amended by Sec. 14 of H.646 of 2002, is further amended to read: Sec. 103. Corrections - corrections services Personal services 47,744,756 47,782,256 Operating expenses 24,670,716 24,952,383 Grants 467,000 467,000 Total 72,882,472 73,201,639 Source of funds General fund 70,462,241 70,781,408 Transportation fund 1,402,578 1,402,578 Federal funds 551,156 551,156 Special funds 274,500 274,500 Interdepartmental transfer 191,997 191,997 Total 72,882,472 73,201,639 * * * (d) To provide additional supervision for the correctional system community population, the establishment of eight (8) eleven (11) new classified positions – four (4) seven (7) Correctional Service Specialist II, one of which shall be assigned to the Bennington region, and four (4) Community Corrections Officer – is authorized in fiscal year 2002. Of the positions redirected to field supervision from the closure of the Woodstock regional correctional facility, six (6) shall be Youthful Corrections Service Specialist consistent with Sec. 280b(a)(1) of this act. MONDAY, MAY 6, 2002 274 (e) The department shall reallocate from corrections central office to correctional facilities or field offices in fiscal year 2002 five (5) positions. The department shall utilize these positions to the greatest extent possible to increase field coverage. (f) The department shall look at ways to reduce or eliminate contracts to provide savings in contract services in fiscal year 2003. (g) The department of corrections shall prepare and provide quarterly reports through fiscal year 2004 to the house and senate committees on appropriations and the joint corrections oversight committee. The reports shall be provided to the Vermont state employees' association for its comment and review at least 15 days prior to submission to these committees. These reports shall be transmitted to the house and senate committees on appropriations and the joint corrections oversight committee within 30 days after the completion of a quarter, with any comments from the union attached. The reports shall include: (1) The numbers of intensively supervised field population; (2) The filled positions in the field providing supervision to that population; (3) The relationship between the filled positions and the coverage ratios established by the department both statewide and by region. The coverage ratios shall be those presented to the legislature as part of the fiscal year 2002 budget adjustment consideration process; and (4) Any recommendations for changes relating to coverage or position requirements. Sec. 170b. SUNSET REPEAL (a) 28 V.S.A. § 104(d) (sunset for community notification requirement for furloughed offenders) is repealed. Sec. 170c. 28 V.S.A. § 721 is amended to read: § 721. Offender reintegration; state policy The department shall establish an offender reintegration process that requires offenders to be held accountable to their victims and the community. This process shall provide opportunities for victims of crime and other members of the community to participate in reentry programs under section 2a of this title and to allow for victims and members of the communities to provide input to the department as provided for in subsection 104(a) of this title. Such input shall include, but not be limited to, the nature of the planned supervision, the offender’s work and education needs, the potential impact to

275 JOURNAL OF THE SENATE the victim(s) of the offender’s presence in the community, and the opportunities to make use of the offender’s abilities within the community. An offender who participates in the reintegration process provided for in this subchapter may be placed in the community under the department’s supervision for the remainder of the sentence if the department is satisfied that the offender is demonstrating progress in his or her reentry programs and that the offender does not present an unreasonable risk to his or her victims or to the community at large. Sec. 170d. JOINT LEGISLATIVE CORRECTIONS OVERSIGHT COMMITTEE (a) A joint legislative corrections oversight committee is created. The committee shall exercise oversight over the department of corrections and work with and provide assistance to other legislative committees on matters related to corrections policies. (b) The committee shall be composed of eight members: four members of the house of representatives, who shall not all be from the same party, appointed by the speaker of the house, and four members of the senate, who shall not all be from the same party, appointed by the committee on committees. To the extent practicable, one appointment shall be made from each of the following house and senate committees: appropriations, health and welfare, judiciary, and institutions. (c) The committee shall elect a chair, vice chair, and clerk from among its members. The committee shall keep a record of its meetings. A quorum shall consist of five members. (d) When the general assembly is in session, the committee shall meet at the call of the chair. The committee may meet during adjournment, subject to approval of the speaker of the house and the president pro tempore of the senate. For attendance at a meeting when the general assembly is not in session, members of the committee shall be entitled to compensation for services and reimbursement of expenses as provided under 2 V.S.A. § 406(a). (e) The professional and clerical services of the joint fiscal office and the legislative council shall be available to the committee. (f) In addition to the general responsibilities set forth in subsection (a) of this section, the committee shall: (1) Oversee preparation of a comprehensive description of the department of corrections’ programs. (2) Oversee development and implementation of a continuous quality improvement evaluation of the department’s substance abuse programs. MONDAY, MAY 6, 2002 276 (3) Review and make recommendations on the department of corrections' strategic, operating and capital plans. (4) Review and make recommendations to the committees on appropriations regarding departmental budget proposals. (5) Provide general oversight on departmental policy development. (6) Encourage improved communications between the department and the other components of the criminal justice system. (7) Review ways to reduce costs to the system by reducing the number of short-term sentences and the number of detainees. (8) Consider the following issues: (A) Replace indefinite probation with a presumptive parole system.

(B) Make collection of restitution exclusively a civil matter. (g) The committee shall report its findings, together with recommendations, to the general assembly no later than December 1 of each year. The report shall describe the committee’s activities in connection with the issues listed in subsection (f) in subdivisions (1)-(5) of this section that have not been thoroughly addressed by preceding reports. In addition, the committee’s report for 2003 shall include its recommendation on whether the life of the committee should be extended beyond fiscal year 2005. Sec. 170e. SUNSET (a) Sec. 170d of this act shall expire June 30, 2005. Sec. 170f. CORRECTIONS; WOODSTOCK REGIONAL CORRECTIONAL FACILITY (a) There is transferred from the department of corrections the sum of $10,000.00 to the department of buildings and general services. The commissioner of the department of buildings and general services shall consult with the Windsor County officials and the Town and Village officials of Woodstock as to appropriate alternative uses of the facility, and may utilize the funds transferred for design and planning that will enhance the utilization of the facility for the benefit of Windsor County and the Town of Woodstock. (b) In addition to the quarterly reports required in Sec. 103 of No. 63 of the Acts of 2001, as amended, the department of corrections shall provide reports every other month to the joint legislative corrections oversight committee on intensively supervised field population and the number of filled positions in the field providing supervision to that population. Once all intensive field

277 JOURNAL OF THE SENATE supervision positions created in Sec. 103 of No. 63 of the Acts of 2001, as amended, as well as those positions reassigned as field supervision positions as a result of the change of status of the Woodstock regional correctional facility are filled and the department has demonstrated for a period of three consecutive months that the recommended coverage ratios statewide for intensive supervision are met, these reports will no longer be required. Sec. 171. Corrections - correctional facilities - recreation Personal services 391,579 Operating expenses 304,450 Total 696,029 Source of funds Special funds 696,029 Sec. 172. [Deleted] Sec. 173. Corrections - Vermont correctional industries Personal services 1,195,154 Operating expenses 741,900 Total 1,937,054 Source of funds Internal service funds 1,937,054 Sec. 174. [Deleted] Sec. 175. Children’s trust fund Grants 284,156 Source of funds General fund 106,156 Special funds 90,000 Federal funds 88,000 Total 284,156 (a) At least 65 percent of the state appropriation for the children’s trust fund will be awarded for community-based program activities for the broad range of child abuse and neglect prevention activities. Sec. 175a. Governor’s commission on women Personal services 194,680 Operating expenses 55,706 Total 250,386 Source of funds General fund 225,386 Special funds 5,000 MONDAY, MAY 6, 2002 278 Interdepartmental transfer 20,000 Total 250,386 Sec. 176. Retired senior volunteer program Grants 132,400 Source of funds General fund 132,400 Sec. 177. Disabled & needy veterans Personal services 1,850 Operating expenses 7,025 Grants 28,815 Total 37,690 Source of funds General fund 37,690 Sec. 178. Vermont veterans’ home - care and support services Personal services 9,278,671 Operating expenses 3,120,455 Total 12,399,126 Source of funds General fund 1,072,300 Special funds 8,025,908 Federal funds 3,300,918 Total 12,399,126 Sec. 179. AMENDMENT Sec. 3 of No. 3 of the Acts of 1999, as amended by Sec. 118 of No. 152 of the Acts of 2000 and Sec. 125 of No. 63 of the Acts of 2001, is further amended to read: Sec. 3. EFFECTIVE DATE This act shall be effective from the date of passage and Sec. 2 shall be repealed on July 1, 2002. Sec. 179a. Sec. 1 of No. 3 of the Acts of 1999 is amended to read: Sec. 1. VERMONT VETERANS’ HOME; PAYMENT RATES Notwithstanding any other provision of law, beginning on April 1, 1999, or such other later date as will assure the receipt of federal matching funds, payment rates for Medicaid services provided to Vermonters residents in the Vermont Veterans' Home shall be determined retrospectively by the division of rate setting based on the reasonable and necessary budgeted costs of providing

279 JOURNAL OF THE SENATE those services. The secretary of human services may adopt emergency rules to implement the provisions of this section. Sec. 180. Sec. 4 of No. 145 of the Acts of 2000 is amended to read: Sec. 4. NURSING POSITIONS AT THE VERMONT VETERANS’ HOME * * * (c) This section is repealed on July 1, 2002 2004. Sec. 181. Vermont Association for Blind and Visually Impaired, Inc. Grants 24,885 Source of funds General fund 24,885 Sec. 182. Total human services 1,115,252,322 Source of funds General fund 322,627,862 Transportation fund 2,021,702 Special funds 134,942,123 Tobacco fund 23,977,500 Federal funds 622,174,791 Permanent trust 10,000 Internal service funds 1,937,054 Interdepartmental transfer 7,561,290 Total 1,115,252,322 Sec. 183. Employment and training Personal services 17,285,217 Operating expenses 6,511,137 Grants 3,484,000 Total 27,280,354 Source of funds General fund 220,998 Special funds 10,000 Federal funds 24,098,356 Interdepartmental transfer 2,951,000 Total 27,280,354 Sec. 184. Employment and training - apprenticeship Personal services 403,223 Operating expenses 126,149 Grants 155,280 MONDAY, MAY 6, 2002 280 Total 684,652 Source of funds General funds 550,395 Special funds 134,257 Total 684,652 Sec. 185. Total employment and training 27,976,239 Source of funds General fund 782,626 Special funds 144,257 Federal funds 24,098,356 Interdepartmental transfer 2,951,000 Total 27,976,239 Sec. 186. Education - finance and administration Personal services 3,114,217 Operating expenses 1,100,411 Grants 11,100,000 Total 15,314,628 Source of funds General fund 2,911,711 Special funds 12,292 Federal funds 12,390,625 Total 15,314,628 Sec. 186a. REPEAL (a) Sec. 128(b) of No. 62 of the Acts of 1999, relating to repeal of use of Medicaid reimbursement funds by supervisory unions for prevention and intervention programs on June 30, 2002, is repealed. Sec. 186b. 16 V.S.A. § 2959a is amended to read: § 2959a. EDUCATION MEDICAID RECEIPTS * * * (c) At least annually, the commissioner of education shall pay to each supervisory union submitting Medicaid bills under this section, 50 percent of the reimbursed funds generated by the supervisory union’s bill, excluding claims generated by state-placed students. The Unless the supervisory union has agreed to use the funds to operate a supervisory unionwide program or to distribute the funds in a different manner, upon receipt, the supervisory union shall distribute the funds to its member school districts based on how the funds were generated unless the supervisory union board has agreed to a different distribution. The commissioner of education may withhold payment due a

281 JOURNAL OF THE SENATE school district pursuant to § section 2950 of Title 16 for a Medicaid-eligible state-placed student if the school district has not submitted a Medicaid claim for reimbursable services for that student. * * * (e) School districts shall utilize funds received under this section to pay for reasonable costs of administering the Medicaid claims process, and for prevention and intervention programs in grades pre-K through 12. The programs shall be designed to ensure all students achieve rigorous and challenging standards adopted in the Vermont framework of standards and learning opportunities or locally adopted standards. A school district shall provide an annual written justification to the commissioner of education of the use of the funds. Such annual submission shall show how the funds’ use is expressly linked to those provisions of the school district’s action plan that directly relate to improving student performance. * * * Sec. 187. Education - standards and assessment Personal services 2,947,755 Operating expenses 684,937 Grants 1,205,096 Total 4,837,788 Source of funds General fund 2,390,320 Special funds 44,672 Federal funds 2,402,796 Total 4,837,788 Sec. 188. Education - education quality Personal services 6,205,999 Operating expenses 2,158,264 Grants 92,432,595 Total 100,796,858 Source of funds General fund 5,938,450 Transportation fund 642,080 Education fund 7,949,075 Special funds 1,431,360 Federal funds 83,573,598 Interdepartmental transfer 1,262,295 Total 100,796,858 MONDAY, MAY 6, 2002 282 (a) The appropriations in this section shall be authorized, notwithstanding 16 V.S.A. §§ 1564, 1565, 1566, and 1567. (b) Notwithstanding Sec. 163(b) of Act No. 63 of the Acts of 2001, the above appropriation includes $200,000.00 from the education fund for the purpose of awarding grants to technical centers to support innovative program development responding to emerging technologies and providing high-skill, high wage employment. The commissioner shall give special consideration to new and innovative agricultural programs. Sec. 188a. 16 V.S.A. § 1531(c) is amended to read: (c) For a school district which is geographically isolated from a Vermont technical center, the state board may approve a technical center in another state as the technical center which district students may attend. In this case, the school district shall receive transportation assistance pursuant to section 1563 of this title and tuition assistance pursuant to section 1561(c) of this title. Any student who is a resident in the Windham Southwest supervisory union and who is enrolled in the Charles H. McCann Technical School at public expense shall be considered to be attending an approved technical center in another state pursuant to this subsection. Sec. 189. 16 V.S.A. § 179(b) is amended to read: (b) The state board shall ensure that, by the beginning of school year 2002-2003 2004-2005, any Vermont student who wishes, including a student in an approved home school program, may be assessed under this section. Sec. 190. Education - special education: formula grants Grants 69,750,914 Source of funds Education fund 69,750,914 (a) Notwithstanding the provisions of 16 V.S.A. § 2969 or any other provisions of law, the reimbursements and grants pursuant to 16 V.S.A. § 2967 for fiscal year 2003 costs incurred by school districts shall be paid partially from the fiscal year 2003 appropriation and partially from the fiscal year 2004 appropriation. The fiscal year 2003 appropriation shall cover the final reimbursements for fiscal year 2002, with the remainder available for reimbursements for fiscal year 2003 grants and reimbursements. Funds distributed to school districts for fiscal year 2003 expenses, but to which the school districts were not entitled, based on final reports for fiscal year 2003, shall not be considered as part of the total expenditures for fiscal year 2003 under the 60-percent state funding provision of 16 V.S.A. § 2967, as limited by Sec. 10 of No. 117 of the Acts of 2000. Such funds held by local school districts shall be treated as expenditures in fiscal year 2004.

283 JOURNAL OF THE SENATE (b) Of the appropriation authorized in this section, and notwithstanding any other provision of law, an amount not to exceed $2,797,220.00 shall be used by the department of education in fiscal year 2003 as funding for 16 V.S.A. § 2967(b)(2)-(6). In distributing such funds, the commissioner shall not be limited by the restrictions contained within 16 V.S.A. § 2969(c) and (d). In addition to funding for 16 V.S.A. § 2967(b)(2)-(6), up to $125,000.00 may be used by the department of education for its participation in the higher education partnership plan. Sec. 191. EDUCATION - SPECIAL EDUCATION; SUCCESS BEYOND SIX (a) Education funds of the appropriation for special education - formula grants or other funds eligible to be used for matching federal funds may be used by each supervisory union to participate in the Success Beyond Six program. The purpose of the program is to expand local partnerships to enhance the educational opportunities of students who are at risk of failure in school. The services are to be supplied through contracts with community- based Medicaid providers. The form and substance of the contracts shall be established as part of the overall agreement for the implementation of the program to be executed between the commissioner of education and the secretary of human services. Sec. 192. Education - state-placed students Grants 11,234,600 Source of funds Education fund 11,234,600 Sec. 193. Education - adult basic education Grants 3,855,311 Source of funds Education fund 2,782,400 Federal funds 872,911 Interdepartmental transfer 200,000 Total 3,855,311 (a) To ensure long term consistent funding for adult basic education programs, the department of education shall develop a per pupil block grant based funding formula for the 16-19 year old ABE participants. This formula shall be submitted as part of the executive budget for fiscal year 2004. MONDAY, MAY 6, 2002 284 Sec. 193a. USE OF EDUCATION FUND MONIES 16 V.S.A. §4025(b) is hereby amended by adding the following: (4) Expenditures for adult basic education programs funded through the department of education. Sec. 194. EDUCATION - EDUCATION GRANTS (a) There is appropriated from the education fund for fiscal year 2003 to the department of education $601,043,821.00. Of the amount appropriated, $569,758,024.00 shall fund the general state support grant under 16 V.S.A. § 4011 at $5,566.00 for each equalized pupil, $27,164,260.00 shall fund the standard mainstream block grant under 16 V.S.A. § 2961, and $4,121,537.00 shall fund the essential early education grant under 16 V.S.A. § 2948(c). Sec. 195. Education - transportation Grants 12,727,961 Source of funds Education fund 12,727,961 Sec. 196. Education - small school grants Grants 4,760,660 Source of funds Education fund 4,760,660 Sec. 197. Education - capital debt service aid Grants 3,161,935 Source of funds Education fund 3,161,935 Sec. 197a. [Deleted] Sec. 198. Education - local share property tax Grants 42,200,000 Source of funds Education fund 42,200,000 (a) This appropriation of $42,200,000.00 or such other amount shall be paid to districts adopting budgets with local education spending in excess of the general state support grant and that are able to raise less than the predictable yield amount. (b) The sum of $36,000,000.00 from the education fund is allocated to fund the fiscal year 2004 predicted yield calculated pursuant to 16 V.S.A. § 4027.

285 JOURNAL OF THE SENATE Sec. 199. Education - fiscal review panel Operating expenses 13,935 Grants 34,000 Total 47,935 Source of funds General fund 47,935 Sec. 200. Education - civic education Personal Services 1,500 Operating expenses 1,500 Grants 13,301 Total 16,301 Source of funds General fund 16,301 Sec. 201. Education - tobacco litigation Personal services 156,615 Operating expenses 26,937 Grants 750,000 Total 933,552 Source of funds Tobacco fund 933,552 Sec. 202. Education - Act 117 cost containment Personal services 1,091,325 Operating expenses 28,791 Grants 65,000 Total 1,185,116 Source of funds Federal funds 1,185,116 (a) Notwithstanding any provisions of law, expenditures made during fiscal year 2003 from this section shall be counted under 16 V.S.A. § 2967 as part of the state’s 60 percent of the statewide total special education expenditures of funds which are not derived from federal sources. Sec. 203. MEDICAID REIMBURSEMENT ADMINISTRATIVE SPECIAL FUND - DEPOSIT (a) In addition to deposits to the Medicaid Reimbursement Administrative Special Fund in accordance with 16 V.S.A. § 2959a(b), in fiscal year 2003, $1,185,116.00 of federal Medicaid receipts received for reimbursement of MONDAY, MAY 6, 2002 286 medically-related services provided to students who are Medicaid eligible shall be deposited in the administrative special fund. Sec. 204. FUND APPROPRIATION AND TRANSFER (a) There is appropriated in fiscal year 2003 from the general fund for transfer to the education fund the amount of $257,468,334.00. (b) In fiscal year 2004, $266,479,725.00 shall be appropriated and transferred from the general fund to the education fund. Sec. 205. State teachers’ retirement system Personal services 10,037,726 Operating expenses 169,674 Grants 20,446,282 Total 30,653,682 Source of funds General fund 20,446,282 Special funds 10,207,400 Total 30,653,682 (a) Notwithstanding the provisions of 16 V.S.A. chapter 55, no person shall be eligible to receive benefits from the state teachers’ retirement system who is receiving a continuation of salary under the early retirement provisions of the applicable article of the agreement between Vermont state colleges and the Vermont state colleges faculty federation, VSCFF, AFT, Local 3180, AFL - CIO. Sec. 206. 16 V.S.A. § 1944(c)(12)(E),and (F) are added to read: (E) for fiscal year 2003, the applicable standard plan shall not exceed the cost of the $250.00 comprehensive plan offered by the board; (F) for fiscal years 2004 and thereafter, the cost of the applicable standard plan determined under this subsection shall not exceed the cost of the $250.00 comprehensive plan offered in fiscal year 2003, adjusted for the appropriate fiscal year. In the event of the discontinuance of the $250.00 comprehensive plan, a plan with a comparable expenditure profile shall be used as a benchmark. Sec. 207. TAX DEPARTMENT - REAPPRAISAL AND LISTING PAYMENTS (a) The amount of $2,240,000.00 in education funds is appropriated in fiscal year 2003 to implement the provisions of 32 V.S.A. §§ 4041(a), relating to payments to municipalities for reappraisal costs, and 5405(f), relating to payments of $1.00 per grand list parcel.

287 JOURNAL OF THE SENATE Sec. 207a. Property tax assistance – fiscal year 2003 Grants 98,993,073 Source of funds General fund 8,405,436 Transportation fund 3,842,637 Education fund 86,745,000 Total 98,993,073 Sec. 207b. Sec. 177 of No. 63 of the Acts of 2001 is amended to read: Sec. 177. Tax department - homestead property tax income sensitivity adjustments Grants 83,702,004 80,500,000 Source of funds General fund 5,343,272 5,158,263 Transportation fund 4,031,009 3,832,737 Education fund 74,327,721 71,509,000 Total 83,702,004 80,500,000 Sec. 208. Total general education 1,159,502,496 Source of funds General fund 289,274,833 Transportation fund 642,080 Education fund 755,068,966 Special funds 11,695,724 Tobacco fund 933,552 Federal funds 100,425,046 Interdepartmental transfer 1,462,295 Total 1,159,502,496 Sec. 208a. HIGHER EDUCATION COMMISSION STUDY (a) During fiscal year 2003 the commission on higher education funding shall study how Vermonters’ can best be provided with post secondary education opportunities. The commission’s studies shall include: (1) A vision for public higher education in terms of alignment of the University of Vermont, the State Colleges, Vermont Technical College and the Community College of Vermont. (2) A review of the fairness and efficiency of the distribution of public funding for students, especially including students who are the first in their families to attend college and institutions of higher education. (3) A review of current laws and educational practices in Vermont. MONDAY, MAY 6, 2002 288 (4) Needed changes if any, in governance structures particularly the composition and distribution of legislatively elected and appointed trustees on the boards of UVM, VSC and VSAC. (b) The commission shall report its findings to the to the general assembly by January 15, 2003. Sec. 209. University of Vermont Grants 36,110,352 Source of funds General fund 36,110,352 (a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the University of Vermont on or about the 15th of each calendar month of the year. (b) Of the above appropriation, $346,800.00 shall be transferred to EPSCoR for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both. Sec. 210. University of Vermont - Morgan horse farm Grants 5,000 Source of funds General fund 5,000 Sec. 211. Vermont public television Grants 604,136 Source of funds General fund 604,136 Sec. 212. Vermont state colleges Grants 20,719,465 Source of funds General fund 20,719,465 (a) The commissioner of finance and management shall issue warrants to pay one-twelfth of the appropriation to the Vermont state colleges on or about the 15th of each calendar month of the year. (b) Of the above appropriation, $100,000.00 shall be reserved for use as the state’s fiscal year 2003 contribution toward the growth of the endowment fund for the Vermont state colleges. The state’s funds are to serve as a challenge match to enhance the state colleges’ ability to secure endowment contributions from alumni and other interested parties. The intent is that the fiscal year 2003 appropriation will be the second of five annual appropriations, through fiscal

289 JOURNAL OF THE SENATE year 2006, totaling $500,000.00. The conditions of this challenge match are that the state colleges are required to raise three dollars for each dollar appropriated by the state. A method for accounting for the state colleges’ share has been agreed to between the state colleges and the commissioner of finance and management. Transfers to the state colleges’ endowment fund shall be under the condition that only the interest accruing to the fund will be available for the purposes as designated by the board of trustees of the state colleges. By June 30, 2007, any remaining state appropriations designated for the state colleges’ endowment fund that have not been matched by the state colleges shall revert to the general fund. The funds appropriated for this purpose shall be retained by the state. (c) Of the above appropriation, $400,860.00 shall be transferred to the Vermont Manufacturing Extension Center for the purpose of complying with state matching fund requirements necessary for the receipt of available federal or private funds, or both. Sec. 213. Vermont state colleges - practical nursing schools Grants 592,206 Source of funds General fund 592,206 Sec. 214. Vermont interactive television Grants 851,760 Source of funds General fund 851,760 Sec. 215. Vermont student assistance corporation Grants 16,317,066 Source of funds General fund 16,317,066 (a) Not less than 100 percent of grants shall be used for direct student aid. Sec. 216. New England higher education compact Operating expenses 76,642 Source of funds General fund 76,642 Sec. 217. Education commission of the states Operating expenses 100 Source of funds General fund 100 MONDAY, MAY 6, 2002 290 Sec. 218. Total higher education and other 75,493,769 Source of funds General fund 75,493,769 Sec. 219. Natural resources - agency of natural resources - administration Personal services 2,316,386 Operating expenses 1,643,536 Grants 35,000 Total 3,994,922 Source of funds General fund 2,415,095 Special funds 810,845 Federal funds 92,685 Interdepartmental transfer 676,297 Total 3,994,922 Sec. 220. [Deleted] Sec. 221. Connecticut river watershed advisory commission Grants 40,500 Source of funds General fund 25,000 Federal funds 15,500 Total 40,500 Sec. 222. Citizens’ advisory committee on Lake Champlain’s future Personal services 6,015 Operating expenses 3,985 Total 10,000 Source of funds General fund 10,000 Sec. 223. Natural resources - state land local property tax assessment Operating expenses 1,215,783 Source of funds General fund 691,468 Transportation fund 262,815 Interdepartmental transfer 261,500 Total 1,215,783

291 JOURNAL OF THE SENATE Sec. 224. Green up Grants 8,550 Source of funds Special funds 8,550 Sec. 225. Natural resources - information technology Personal services 207,427 Operating expenses 101,950 Total 309,377 Source of funds General fund 115,455 Interdepartmental transfer 193,922 Total 309,377 Sec. 226. Fish and wildlife - support and field services Personal services 10,321,981 Operating expenses 3,292,353 Grants 325,000 Total 13,939,334 Source of funds Fish and wildlife fund 13,280,907 Interdepartmental transfer 658,427 Total 13,939,334 Sec. 227. Fish and wildlife - watershed improvement Grants 70,000 Source of funds Fish and wildlife fund 70,000 Sec. 228. Fish and wildlife - wildlife management area projects Operating expenses 100,000 Source of funds Fish and wildlife fund 100,000 Sec. 229. Fish and wildlife - conservation Operating expenses 700,000 Source of funds Fish and wildlife fund 700,000 Sec. 230. Fish and wildlife - natural communities and habitat Personal services 10,226 Operating expenses 184,074 MONDAY, MAY 6, 2002 292 Total 194,300 Source of funds Fish and wildlife fund 194,300 Sec. 231. Forests, parks and recreation - administration Personal services 664,002 Operating expenses 466,205 Grants 1,662,000 Total 2,792,207 Source of funds General fund 868,523 Special funds 321,684 Federal funds 1,602,000 Total 2,792,207 Sec. 232. Forests, parks and recreation - forestry Personal services 4,227,435 Operating expenses 585,539 Grants 275,000 Total 5,087,974 Source of funds General fund 3,026,663 Transportation fund 21,500 Special funds 362,502 Federal funds 1,348,751 Permanent trust 5,042 Interdepartmental transfer 323,516 Total 5,087,974 Sec. 233. Forests, parks and recreation - state parks Personal services 4,029,943 Operating expenses 2,194,600 Grants 35,000 Total 6,259,543 Source of funds General fund 399,489 Special funds 5,827,050 Interdepartmental transfer 33,004 Total 6,259,543 Sec. 234. Forests, parks and recreation - lands administration Personal services 242,378 Operating expenses 33,550

293 JOURNAL OF THE SENATE Total 275,928 Source of funds General fund 275,928 Sec. 235. Forests, parks and recreation - rural community fire protection Personal services 7,000 Operating expenses 12,000 Total 19,000 Source of funds Federal funds 19,000 Sec. 236. 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 Sec. 237. Forests, parks and recreation - snowmobile trails program Personal services 11,500 Grants 488,500 Total 500,000 Source of funds Special funds 500,000 Sec. 238. Forests, parks and recreation - youth conservation corps Personal services 490,660 Operating expenses 36,450 Grants 650,000 Total 1,177,110 Source of funds Special funds 809,110 Interdepartmental transfer 368,000 Total 1,177,110 Sec. 239. Forests, parks and recreation - forest highway maintenance Personal services 2,539 Operating expenses 404,000 Grants 200,000 Total 606,539 Source of funds MONDAY, MAY 6, 2002 294 Transportation fund 606,539 Sec. 240. Forests, parks and recreation - property survey Personal services 115,548 Operating expenses 14,950 Total 130,498 Source of funds General fund 90,497 Interdepartmental transfer 40,001 Total 130,498 Sec. 241. Environmental conservation - commissioner’s office Personal services 773,570 Operating expenses 190,419 Total 963,989 Source of funds General fund 330,386 Special funds 189,365 Federal funds 444,238 Total 963,989 Sec. 242. VILLAGE OF NEWBURY; FORGIVENESS OF DEBT (a) Notwithstanding any provision of law to the contrary, the Village of Newbury shall not be required to repay a planning advance in the amount of $65,974.88 made to it between 1995 and 1997, pursuant to provisions of chapter 55 of Title 10. Sec. 243. Environmental conservation - environmental assistance Personal services 1,292,897 Operating expenses 223,801 Grants 30,000 Total 1,546,698 Source of funds General fund 589,418 Special funds 742,850 Federal funds 214,430 Total 1,546,698 Sec. 244. Environmental conservation - office of air and waste management Personal services 5,072,452 Operating expenses 1,446,107 Grants 811,500 Total 7,330,059

295 JOURNAL OF THE SENATE Source of funds General fund 803,399 Transportation fund 39,278 Special funds 3,825,753 Federal funds 2,511,629 Interdepartmental transfer 150,000 Total 7,330,059 Sec. 245. Environmental conservation - office of water programs Personal services 5,154,739 Operating expenses 1,001,647 Grants 912,000 Total 7,068,386 Source of funds General fund 2,685,422 Special funds 1,869,038 Federal funds 2,064,798 Interdepartmental transfer 449,128 Total 7,068,386 Sec. 246. [Deleted] Sec. 247. Environmental conservation - various environmental special funds Grants 4,957,783 Source of funds Special funds 4,957,783 Sec. 248. Environmental conservation - surface water Personal services 4,821,175 Operating expenses 963,619 Grants 1,961,859 Total 7,746,653 Source of funds General fund 3,081,725 Transportation fund 181,762 Special funds 537,682 Federal funds 3,486,696 Interdepartmental transfer 458,788 Total 7,746,653 Sec. 249. Environmental board and district commissions - Act 250 Personal services 1,929,149 Operating expenses 359,659 MONDAY, MAY 6, 2002 296 Total 2,288,808 Source of funds General fund 851,807 Special funds 1,437,001 Total 2,288,808 Sec. 250. CONSTRUCTION OF LEGISLATIVE INTENT (a) The Acts of 2001 included No. 40, which itself included Sec. 14, by which the general assembly repealed environmental board Rule 2(A)(6), the so-called 800-foot road rule. In repealing the 800-foot road rule, the general assembly intended also to supersede the precedential weight given to board declaratory rulings that concluded the construction of a road for the purpose of dividing land into two or more parcels for sale or lease constitutes a development. Sec. 251. Environmental board and district commissions - waste facilities panel Personal services 119,344 Operating expenses 15,656 Total 135,000 Source of funds Special funds 135,000 Sec. 252. Water resources board Personal services 281,384 Operating expenses 42,508 Total 323,892 Source of funds General fund 323,892 Sec. 253. Total natural resources 69,830,833 Source of funds General fund 16,584,167 Transportation fund 1,111,894 Fish and wildlife fund 14,345,207 Special funds 22,334,213 Federal funds 11,837,727 Permanent trust funds 5,042 Interdepartmental transfer 3,612,583 Total 69,830,833

297 JOURNAL OF THE SENATE Sec. 254. Commerce and community development - agency of commerce and community development - administration Personal services 1,011,593 Operating expenses 504,027 Total 1,515,620 Source of funds General fund 1,450,122 Interdepartmental transfer 65,498 Total 1,515,620 Sec. 255. Housing and community affairs Personal services 2,150,666 Operating expenses 284,882 Grants 7,918,662 Total 10,354,210 Source of funds General fund 1,418,257 Special funds 4,520,815 Federal funds 4,394,488 Interdepartmental transfer 20,650 Total 10,354,210 Sec. 256. Historic sites operations Personal services 555,237 Operating expenses 1,076,130 Total 1,631,367 Source of funds General fund 399,041 Special funds 525,958 Federal funds 300,000 Interdepartmental transfer 406,368 Total 1,631,367 Sec. 257. Community development block grants Grants 8,563,070 Source of funds Federal funds 8,563,070 (a) Community development block grants will carry forward until expended. MONDAY, MAY 6, 2002 298 Sec. 258. Economic development Personal services 968,395 Operating expenses 372,894 Grants 1,526,291 Total 2,867,580 Source of funds General fund 2,444,670 Special funds 400,529 Interdepartmental transfer 22,381 Total 2,867,580 Sec. 258a. 8 V.S.A. § 6017(a) is amended to read: § 6017. Captive insurance regulatory and supervision fund

(a) There is hereby created a fund to be known as the captive insurance regulatory and supervision fund for the purpose of providing the financial means for the commissioner of banking, insurance, securities, and health care administration to administer this chapter, chapter 142, and chapter 142A and for reasonable expenses incurred in promoting the captive insurance industry in Vermont. The transfer of ten eleven percent of the premiums tax under section 6014(h) of this title, and all fees and assessments received by the department pursuant to the administration of these chapters shall be credited to this fund. Of this amount, not more than two three percent of the premium tax under section 6014 may be transferred to the agency of commerce and community development, with approval of the secretary of administration, for promotional expenses. All fees received by the department from reinsurers who assume risk solely from captive insurance companies and are subject to the provisions of section 3634a(a) through (f) of this title, shall be deposited into the captive insurance regulatory and supervision fund. All fines and administrative penalties, however, shall be deposited directly into the general fund.

All payments from the captive insurance regulatory and supervision fund for the maintenance of staff and associated expenses including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the commissioner of finance and management, after receipt of proper documentation regarding services rendered and expenses incurred. Sec. 259. Government marketing assistance center Personal services 215,635 Operating expenses 43,363 Total 258,998

299 JOURNAL OF THE SENATE Source of funds General fund 90,324 Federal funds 168,674 Total 258,998 Sec. 260. Vermont training program Personal services 72,591 Operating expenses 11,658 Grants 565,135 Total 649,384 Source of funds General fund 605,922 Special funds 40,000 Interdepartmental transfer 3,462 Total 649,384 Sec. 261. Job development zones Grants 50,967 Source of funds General fund 50,967 Sec. 262. Tourism and marketing Personal services 2,232,530 Operating expenses 1,036,695 Grants 1,490,832 Total 4,760,057 Source of funds General fund 4,460,057 Special funds 50,000 Interdepartmental transfer 250,000 Total 4,760,057 Sec. 263. Marketing and promotional team Personal services 339,605 Operating expenses 8,800 Grants 500,000 Total 848,405 Source of funds General fund 848,405 (a) The conversion of two (2) limited service positions - one (1) Director of Promotional Services and one (1) Administrative Assistant A - to permanent is authorized in fiscal year 2003. MONDAY, MAY 6, 2002 300 (b) The joint fiscal office with the participation and assistance of the Vermont tax department, shall consult with the department of tourism and marketing and review the department's work with the University of Vermont to evaluate the tax impact of travel and tourism spending. Based on this review, the joint fiscal office shall present to the joint fiscal committee at its December meeting any protocol or findings it can make as to the state revenue implications of appropriations for travel and tourism marketing. Sec. 264. Vermont life Personal services 625,000 Operating expenses 200,000 Total 825,000 Source of funds Enterprise funds 825,000 Sec. 264a. Vermont economic development authority Grants 263,088 Source of funds General fund 263,088 Sec. 265. Vermont council on the arts Grants 517,206 Source of funds General fund 517,206 Sec. 266. Vermont symphony orchestra Grants 107,326 Source of funds General fund 107,326 Sec. 267. Vermont historical society Grants 405,830 Source of funds General fund 405,830 Sec. 268. Vermont housing and conservation board Grants 28,176,395 Source of funds Special funds 12,859,500 Federal funds 15,316,895 Total 28,176,395

301 JOURNAL OF THE SENATE Sec. 269. Vermont council on the humanities Grants 139,935 Source of funds General fund 139,935 Sec. 270. Total commerce and community development 61,934,438 Source of funds General fund 13,201,150 Special funds 18,396,802 Federal funds 28,743,127 Enterprise funds 825,000 Interdepartmental transfer 768,359 Total 61,934,438 Sec. 271. TRANSPORTATION (a) Transportation fund appropriations made available for the agency of transportation, in cooperation with the federal government, shall be available until expended, and shall not revert. (b) The commissioner of finance and management shall maintain and control transportation appropriations in separate state and federal appropriations, as needed, and may incur overdrafts in personal services and operating expenses pending distribution of payroll and employee charges to other appropriations. Sec. 272. Transportation - finance & administration Personal services 8,009,248 Operating expenses 1,218,500 Grants 300,000 Total 9,527,748 Source of funds Transportation fund 8,809,748 Federal funds 718,000 Total 9,527,748 Sec. 273. Transportation - aviation Personal services 1,478,213 Operating expenses 6,151,787 Grants 35,000 Total 7,665,000 Source of funds Transportation fund 2,535,000 MONDAY, MAY 6, 2002 302 Federal funds 5,130,000 Total 7,665,000 Sec. 274. Transportation - buildings Personal services 135,000 Operating expenses 1,430,000 Total 1,565,000 Source of funds Transportation fund 1,565,000 Sec. 275. Transportation - project development Personal services 30,689,226 Operating expenses 72,970,348 Grants 17,443,378 Total 121,102,952 Source of funds Transportation fund 25,416,292 Local match 1,306,808 Federal funds 94,379,852 Total 121,102,952 Sec. 276. Transportation - interstate rest areas Personal services 826,000 Operating expenses 7,285,699 Total 8,111,699 Source of funds Transportation fund 484,199 Federal funds 7,627,500 Total 8,111,699 Sec. 277. Transportation - maintenance state system Personal services 26,845,972 Operating expenses 21,462,518 Total 48,308,490 Source of funds Transportation fund 48,308,490 Sec. 278. Transportation - policy and planning Personal services 2,606,535 Operating expenses 1,069,555 Grants 14,861,359 Total 18,537,449 Source of funds

303 JOURNAL OF THE SENATE Transportation fund 6,191,551 Local match 67,500 Federal funds 12,278,398 Total 18,537,449 Sec. 279. Transportation - rail Personal services 2,638,321 Operating expenses 17,152,673 Total 19,790,994 Source of funds Transportation fund 7,337,074 Federal funds 12,453,920 Total 19,790,994 Sec. 280. Transportation - technical services Personal services 5,394,368 Operating expenses 1,352,455 Total 6,746,823 Source of funds Transportation fund 3,786,152 Federal funds 2,960,671 Total 6,746,823 Sec. 281. Transportation - traffic operations Personal services 1,642,548 Operating expenses 1,325,104 Total 2,967,652 Source of funds Transportation fund 940,822 Local match 5,000 Federal funds 2,021,830 Total 2,967,652 Sec. 282. Transportation - central garage Personal services 2,705,742 Operating expenses 8,986,806 Total 11,692,548 Source of funds Internal service funds 11,692,548 (a) Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add one vehicle to the fleet for use by the department of motor vehicles for field inspection activities. MONDAY, MAY 6, 2002 304 Sec. 283. Department of motor vehicles Personal services 11,871,818 Operating expenses 4,929,900 Grants 100,000 Total 16,901,718 Source of funds Transportation fund 16,213,234 Federal funds 688,484 Total 16,901,718 Sec. 284. DMV - motorcycle rider training Personal services 140,834 Operating expenses 80,000 Total 220,834 Source of funds Transportation fund 220,834 Sec. 285. Transportation - town highway structures Grants 3,494,500 Source of funds Transportation fund 3,494,500 Sec. 286. Transportation - town highway emergency fund Grants 182,111 Source of funds Transportation fund 182,111 Sec. 287. Transportation - town highway Vermont local roads Grants 423,000 Source of funds Transportation fund 283,000 Federal funds 140,000 Total 423,000 Sec. 288. Transportation - town highway class 2 roadway Grants 4,248,750 Source of funds Transportation fund 4,248,750 Sec. 289. Transportation - town highway bridges Personal services 4,003,430 Operating expenses 17,620,015

305 JOURNAL OF THE SENATE Grants 1,625,000 Total 23,248,445 Source of funds Transportation fund 4,700,034 Local match 1,959,000 Federal funds 16,589,411 Total 23,248,445 Sec. 290. Transportation - town highway grants Grants 22,769,744 Source of funds Transportation fund 22,769,744 (a) The above appropriation is authorized, notwithstanding 19 V.S.A. § 306(a). (b) The town highway grant program is redesignated “the town highway aid program”. Sec. 291. Transportation - town highway class 1 supplemental grants Grants 128,750 Source of funds Transportation fund 128,750 Sec. 292. Transportation and arbitration boards Personal services 60,434 Operating expenses 19,566 Total 80,000 Source of funds Transportation fund 80,000 Sec. 293. Vermont transportation authority Personal services 116,697 Operating expenses 977,400 Grants 1,962,200 Total 3,056,297 Source of funds Transportation fund 971,259 Federal funds 2,085,038 Total 3,056,297 Sec. 294. Total transportation 331,236,717 Source of funds MONDAY, MAY 6, 2002 306 Transportation fund 159,132,757 Local match 3,338,308 Federal funds 157,073,104 Internal service funds 11,692,548 Total 331,236,717 Sec. 295. Debt service Debt service 72,453,346 Source of funds General fund 66,958,806 Transportation fund 2,835,622 Special funds 2,658,918 Total 72,453,346 Sec. 296. Total debt service 72,453,346 Source of funds General fund 66,958,806 Transportation fund 2,835,622 Special funds 2,658,918 Total 72,453,346 Sec. 297. MISCELLANEOUS ACTS OF THE 2002 SESSION (a) Amounts are hereby appropriated in accordance with the provisions of all house and senate bills which may be enacted by the 2002 session of the general assembly. Sec. 298. RELATIONSHIP TO CERTAIN EXISTING LAWS (a) This act shall not be construed in any way to negate or impair the full force and effect of existing laws relating to taxation and the disposition of funds raised thereby, the appraisal of electric plants, lawful rebates from the state treasury, laws relating to unorganized towns and gores, laws relating to trust funds for which the state is trustee or beneficiary, laws relating to care and regulation of state institutions and property, and laws relating to the state agricultural land grant funds. Sec. 299. OFFSETTING APPROPRIATIONS (a) In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated. Sec. 300. FEDERAL FUNDS (a) In fiscal year 2003, the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal

307 JOURNAL OF THE SENATE funds available to the state of Vermont, including block grants in lieu of or in addition to funds herein designated as federal. The governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made. (b) If, during fiscal year 2003, federal funds available to the state of Vermont, and designated as federal in this and other acts of the 2002 session of the Vermont general assembly, are converted into block grants, or are abolished under their current title in federal law and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated. The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval. Notice shall be given to the joint fiscal committee without delay if the governor is intending to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval. Sec. 301. DEPARTMENTAL RECEIPTS (a) All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds: Connecticut river flood control Public service department - sale of power Tax department - unorganized towns and gores (b) Notwithstanding any other provision of law, departmental indirect cost recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department. All recoveries not so authorized shall be covered into the general fund, or, for agency of transportation recoveries, the transportation fund. Sec. 302. NEW POSITIONS (a) Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal year 2003, except for new positions authorized by the 2002 session of the general assembly. Limited service positions approved pursuant to 32 V.S.A. § 5 and nursing positions at the Vermont Veterans’ Home established pursuant MONDAY, MAY 6, 2002 308 to Sec. 4 of No. 145 of the Acts of 2000 as amended, shall not be subject to this restriction. Sec. 302a. 3 V.S.A. § 2222(i) is added to read: (i) The secretary of administration is authorized to transfer vacant positions throughout the executive branch of state government, and to adjust appropriations in the executive branch in accordance with the secretary’s statewide vacancy savings plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the executive branch. This authority is separate from the secretary’s authority provided in 32 V.S.A. § 706. A report of all actions taken during the preceding fiscal year pursuant to this authority shall be furnished to the legislature no later than January 15 of each year. In addition, the secretary shall periodically furnish the legislature with a report of accomplishments and recommendations concerning improvements in better managing resources on a statewide basis. Sec. 302b. 3 V.S.A. § 309(a)(19) is amended to read (19) Annually on or before January 15, the commissioner of personnel shall submit to the general assembly a report on the status of the state employee workforce. All reporting on numbers of state employees shall include numbers stated in “full-time equivalent” positions. The report shall consolidate reports mandated by the general assembly, as well as other information regarding developments in state employment, including: **** Sec. 302c. REPEAL (a) 21 V.S.A. § 130b (Employment and training, authority to establish and classify positions) is repealed. Sec. 303. APPROPRIATIONS; PROPERTY TRANSFER TAX (a) This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax. Expenditures from these appropriations shall not exceed available revenues: (1) The sum of $241,000.00 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program; (2) The sum of $11,929,500.00 is appropriated from the housing and conservation trust fund to the housing and conservation trust board; (3) The sum of $4,056,030.00 is appropriated from the municipal and regional planning fund as follows:

309 JOURNAL OF THE SENATE (A) $2,839,221.00 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b); (B) $811,206.00 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b); (C) $405,603.00 to the geographic information system. Sec. 304. NON-FARM EXEMPTION – CONTINGENT APPROPRIATION (a) As part of the official revenues estimating process in July 2002, an estimate shall be made of the revenue generated from the repeal of the non- farm exemption for the purchase of agricultural fertilizers and pesticides contained in H.753. The amount of that estimate up to $1,100,000.00, shall be appropriated for water quality initiatives in the department of agriculture food and markets and the agency of natural resources as follows: 50 percent to the department of agriculture, food and markets, and 50 percent to the department of environmental conservation. The departments shall expend any funds received as follows: (1) the department of agriculture, food and markets: at least 65 percent for pass through grants and at least 30 percent for personal services and not more than 5 percent for operating expenses; (2) the department of environmental conservation: 45 percent for pass through grants and 55 percent for personal services. (b) The departments shall submit a report to the joint fiscal committee at its September meeting as to specific initiatives personal services funded. Sec. 305. SPECIAL EDUCATION; STATE FUNDING (a) Notwithstanding Sec. 10(c) of No. 117 of the Acts of 2000, state funding pursuant to 16 V.S.A. § 2967(b) shall not exceed 60 percent for any fiscal year. If, in any fiscal year, the actual percentage increase in the statewide total special education expenditures is less than the target increase, pursuant to Sec. 10(a) of No. 117 of the Acts of 2000, and the actual increase in the total K-12 service plans is more than the target increase, the actual percentage increase will be used to determine the amount appropriated for the ensuing fiscal year, pursuant to Sec. 10(b) of No. 117 of the Acts of 2000. Sec. 306. TRANSPORTATION FUND TRANSFER (a) The amount of $800,000.00 is transferred from the transportation fund to the downtown transportation and related capital improvement fund, established by 24 V.S.A. § 2796, to be used by the Vermont downtown development board for the purposes of the fund. MONDAY, MAY 6, 2002 310 Sec. 307. TRANSPORTATION FUND APPROPRIATION (a) Notwithstanding Sec. 28 of No. 64 of the Acts of 2001, $240,000.00 of transportation funds is appropriated to the department of buildings and general services-property management for the purpose of operating the Rutland multi- modal transportation center. Sec. 308. [Deleted] Sec. 309. 32 V.S.A. § 183 is added to read: § 183. FINANCIAL AND HUMAN RESOURCE INFORMATION INTERNAL SERVICE FUND (a) There is established in the department of finance and management a financial and human resource information internal service fund, to consist of revenues from charges to agencies, departments and similar units of Vermont state government, and to be available to fund the costs of the division of financial operations in the department of finance and management, and the technical support for the human resource management system in the department of personnel. Expenditures shall be managed in accordance with subsection 462(b) of this title. (b) The rate of the charges shall be proposed by the commissioner of finance and management, subject to the approval of the secretary of administration. Proposed rates of charges shall be based upon the cost of operations. The proposed rates to be paid by departments and agencies shall be included in the administration budget recommendations each fiscal year for legislative authorization as part of the budget process. Any changes in rates shall be approved by subsequent legislative action. Sec. 310. 29 V.S.A. § 160a is amended to read: § 160a. FACILITIES OPERATIONS REVOLVING FUND (a) There is created a facilities operations revolving fund in the department of buildings and general services. The purpose of this fund is to provide for: (1) operating expenses for buildings, support facilities and grounds; (2) maintenance expenditures on buildings, support facilities and grounds; (3) major maintenance and renovation projects for buildings and support facilities; (4) relocation expenses for state agencies; (5) purchase of options for real estate acquisitions;

311 JOURNAL OF THE SENATE (6) payments to build or acquire buildings or support facilities as approved by the legislature; (7) debt service payments on general obligation bonds authorized to build or acquire buildings and support facilities. (b) The fund shall consist of: (1) Moneys which are appropriated to the fund or which are paid to it under authorization of the emergency board. (2) The proceeds of rental income received by the department of buildings and general services from the leasing of buildings and property under its supervision. (3) Fees paid by departments and agencies including the legislative and judicial branches, which. The rate of said fees shall be fixed proposed to the legislature by the commissioner of buildings and general services subject to the approval of the secretary of administration,. Proposed rates shall be based upon the cost of operations, debt service and depreciation. The fees to be paid by departments and agencies shall be included in the administration budget recommendations each fiscal year for legislative approval as part of the budget process. Any changes in rates shall be approved by subsequent legislative action. (4) Revenue derived from the sale of properties. (5) Moneys recovered from tenants for discretionary expenditures for services beyond the normal standards of facilities services. (6) Moneys recovered as a result of litigation relating to facilities operations, construction or renovations. (7) Funds received from the maintenance or operation of condominium facilities, including properties owned by nongovernmental persons or entities, in condominium facilities in which the state has an ownership interest. (c) All balances remaining at the end of a fiscal year shall be carried over to the following year. Sec. 311. RISK MANAGEMENT LOSS PREVENTION STUDY (a) The risk management division of the department of buildings and general services shall review the state’s workers’ compensation loss prevention practices and premium setting procedures and develop a plan that will provide incentives for departments to reduce their annual premiums through heightened awareness of and attention to workplace safety issues. The plan shall include, but not be limited to: MONDAY, MAY 6, 2002 312 (1) staffing levels and structure within the risk management division and within high-risk departments necessary to have a significant impact on reducing the number of claims filed and on enhancing workplace safety; (2) financial incentives to departments for implementing meaningful safety efforts that result in the reduction of the numbers of claims filed; (3) the development of meaningful performance measures to hold departments accountable for their loss prevention efforts; (4) revisions to the current premium assessment program to more closely link performance results to departmental compensation rates. (b) The risk management loss prevention plan shall be presented to the house and senate committees on appropriations no later than January 15, 2003. Sec. 312. BOARDS OF CIVIL AUTHORITY; ASSISTANT TOWN CLERKS (a) A board of civil authority may have, as an additional member, an assistant town clerk of the municipality if two-thirds of the board vote to do so. The term of an assistant town clerk serving on a board of civil authority shall expire February 1 of each odd-numbered year following his or her election, and an assistant clerk may serve consecutive terms on the board. Sec. 313. FISCAL YEAR 2003 WATERFALL (a) At the close of fiscal year 2003, the fiscal year 2003 unreserved and undesignated general fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 2003 shall be: (1) First, transferred to the general fund budget stabilization reserve to attain its statutory maximum; and (2) Second, transferred to the general fund surplus reserve established in Sec. 277(5) of Act No. 147 of the Acts of 1998, as amended by Sec. 88 of Act No. 1 of the Acts of 1999. Said funds shall remain in the general fund surplus reserve pending appropriation by the legislature. Sec. 314. Sec. 163e(a) of No. 63 of the Acts of 2001 is amended to read: (a) 32 V.S.A. §§ 3462 (reports by town clerk and appraisers); and 4158 (transmission to director, changes, remedy); and 4341 (automatic extensions for filing grand lists) are repealed.

313 JOURNAL OF THE SENATE Sec. 315. 32 V.S.A. § 5404(b) is amended to read: (b) Annually, on or before July 15 August 15, the clerk of a municipality, or the supervisor of an unorganized town or gore, shall transmit to the director in an electronic format as prescribed by the director: education and municipal grand list data, including exemption information and grand list abstracts; tax rates; and the total amount of taxes assessed in the town or unorganized town or gore. The data transmitted shall identify each parcel by a parcel identification number assigned under a numbering system prescribed by the director. Municipalities may continue to use existing numbering systems in addition to, but not in substitution for, the parcel identification system prescribed by the director. If changes or additions to the grand list are made by the listers or other officials authorized to do so after such abstract has been so transmitted, such clerks shall forthwith certify the same to the director. Sec. 316. Sec. 163f of No. 63 of the Acts of 2001 is amended to read: Sec. 163f. ADJUSTMENTS; TRANSITION * * * (b) For claims made with respect to fiscal years 2003 and thereafter, notwithstanding anything to the contrary in 32 V.S.A. §§ 6066 and 6066a, the amount of property tax adjustment available to claimants shall be paid by the commissioner to each claimant based upon the household income of the claimant for the calendar year preceding the year for which the claim is made, the grand list values of April 1 in the year preceding the year for which the claim is made and the education property tax liability of the town school district for the year for which the claim is made, and shall not be subject to reconciliation. Sec. 317. WILMINGTON RECALCULATION PAYMENT (a) The commissioner of education shall issue a payment to the town of Wilmington in the amount of $215,600.00 to compensate the town for changes in valuation in education tax liability resulting from property tax appeals. The amount of $215,600.00 in education funds is appropriated in fiscal year 2002 to the department of education for this purpose. However, no payment under this section shall be made until the attorney general certifies to the commissioner that any outstanding education tax litigation with Wilmington has been resolved. Sec. 318. FISCAL YEAR 2000 GENERAL FUND TRANSFER RETURN (a) Notwithstanding 18 V.S.A. § 9502, or any other law to the contrary, $750,000.00, the amount equal to the amount transferred from the general fund to the tobacco trust fund in Sec. 251(a)(19) of No. 152 of the Acts of 2000, MONDAY, MAY 6, 2002 314 shall be transferred from the tobacco trust fund back to the general fund by June 30, 2002. Sec. 319. WORKFORCE REPORTS (a)10 V.S.A. § 541(h)(6) is amended to read: (6) Receive annual reports from the legislative joint fiscal office department of employment and training on the workforce education and training revenues and expenditures of agencies and institutions which are members of the council. Sec. 320. APPROVAL OF DEBT REPEAL (a) 32 V.S.A. § 711 (requirement of administration approval of debt) is repealed. Sec. 321. INSURANCE RESERVE FUND TRANSFER (a) Notwithstanding 32 V.S.A. § 135, the amount of $25,000.00 is hereby transferred from the insurance reserve fund, established under 32 V.S.A. § 134, to the department of housing and community affairs, division of historic preservation, for the repair of the roof of the Scott Covered Bridge in Townshend. Sec. 322. FISCAL YEAR 2002 TRANSFERS (a) Notwithstanding any other provisions of law, the fiscal year 2002 unreserved undesignated general fund balance, on a budgetary basis as determined by the commissioner of finance and management on July 31, 2002, is hereby transferred and appropriated, as available, in the following order: (1) First, the necessary portion of the balance shall be transferred to the general fund budget stabilization reserve to attain its statutory maximum. (2) Second, any remaining funds shall be deposited in the general fund surplus reserve. Sec. 323. FISCAL YEAR 2002 HIGHER EDUCATION TRUST FUND REVENUES (a) Notwithstanding 16 V.S.A. § 2885(a)(1) the funds raised by the estate tax levied under chapter 190 of Title 32 in fiscal year 2002 which are more than 125 percent of the amount projected by the emergency board in the July 2001 annual forecast made pursuant to section 305a of Title 32 shall be deposited in the Vermont higher education endowment trust fund.

315 JOURNAL OF THE SENATE Sec. 324. EFFECTIVE DATE (a) This section and Secs. 36, 53a, 54a, 97a, 118g, 118h, 170a, 314, 315, 316, 317, 318, 319, 320, 321, 322 and 323 shall be effective on passage. Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Appropriations?, the President pro tempore declared a recess until the fall of the gavel. Called to Order At five o’clock and forty minutes in the afternoon the Senate was called to order by the President pro tempore. Consideration Resumed; Proposals of Amendment; Third Reading Ordered H. 766. Consideration was resumed on House bill entitled: An act making appropriations for the support of government. Thereupon, the pending question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Appropriations?, was agreed to on a roll call, Yeas 21, Nays 6. Senator Bloomer having demanded the yeas and nays, they were taken and are as follows: Roll Call Those Senators who voted in the affirmative were: Ankeney, Bahre, Bartlett, Bloomer, Campbell, Chard, Condos, Costes, Crowley, Cummings, Gossens, Ide, Kittell, Leddy, Lyons, Mazza, McCormack, Munt, Sears, Snelling, Welch. Those Senators who voted in the negative were: Corrow, Greenwood, Illuzzi, Maynard, Morrissey, Scott. Those Senators absent or not voting were: Canns, Doyle, Shumlin (presiding). Thereupon, third reading of the bill was ordered on a roll call, Yeas 19, Nays 8. Senator Morrissey having demanded the yeas and nays, they were taken and are as follows: MONDAY, MAY 6, 2002 316 Roll Call Those Senators who voted in the affirmative were: Ankeney, Bartlett, Campbell, Chard, Condos, Costes, Crowley, Cummings, Gossens, Ide, Kittell, Leddy, Lyons, Mazza, McCormack, Munt, Sears, Snelling, Welch. Those Senators who voted in the negative were: Bahre, Bloomer, Corrow, Greenwood, Illuzzi, Maynard, Morrissey, Scott. Those Senators absent or not voting were: Canns, Doyle, Shumlin (presiding). Proposals of Amendment; Point of Order; Third Reading Ordered H. 763. Senator Illuzzi, for the Committee on Institutions, to which was referred House bill entitled: An act relating to capital construction, state bonding and the department of corrections. 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. 1a. SHORT TITLE This act may be referred to as the 2002 Capital Construction Bill or the 2002 Capital Construction Act. * * * Capital Appropriations * * * Sec. 1b. STATE BUILDINGS The sum of $17,642,974 is appropriated to the department of buildings and general services, and the commissioner is authorized to direct funds appropriated in this section to the projects contained in this section; however, no project shall be cancelled unless the chairs of the house and senate committees on institutions are notified before that action is taken. The individual appropriations in this section are estimates only. (1)(A) Barre, McFarland House, state office building, renovation: (1,000,000) (B) Bennington, state office building, 324 Main Street, incorporation of renewable energy systems, including geothermal heating and cooling: (305,000)

317 JOURNAL OF THE SENATE (C) Department of health laboratory and criminal justice forensic science laboratory, colocation, study of possible sites and development of conceptual design: (200,000) (2) Middlesex, capital area day care, renovations: (65,000) (3) Montpelier, 133 State Street, phase one renovations: (4,493,974) (4) Montpelier, Vermont Mutual Insurance Co., purchase of building: (3,200,000) (5) Montpelier, State House, planning and design of addition and purchase of furniture for first floor committee rooms; provided the special committee established in Sec. 2(b) of No. 61 of the Acts of 2001 shall oversee the planning, design, and purchases, and shall be responsible for space assignment and use: (750,000) (6) Montpelier, Vermont Historical Society, renovations to Pavilion Building: (1,000,000) (7) Montpelier, Vermont liquor control building, upgrades to ventilation system: (150,000) (8) Newport, Glen Road, state’s total share of major reconstruction, pass-through for use by the City of Newport to reconstruct the road to a construction standard and in accordance with a plan approved by the commissioner of buildings and general services: (334,000) (9) Statewide, major maintenance: (4,600,000) (10) Statewide, Americans with Disabilities Act, accessibility to public buildings: (500,000) (11) Statewide, contingency fund: (595,000) (12) Statewide, building reuse: (125,000) (13) Statewide, planning: (35,000) (14) Statewide, roof replacement, phase three: (250,000) (15) Statewide, State House, historic flag conservation: (40,000) (Total appropriation – Section 1b $17,642,974) Sec. 2. HUMAN SERVICES The following sums are appropriated to the department of buildings and general services for the agency of human services for: (1) Springfield, Southern State Correctional Facility, phase two construction completion: 2,000,000 MONDAY, MAY 6, 2002 318 (2) Statewide, district office security renovations: 50,000 (3) Statewide, correctional facilities, security and life safety improvements: 450,000 (4) South Burlington, Chittenden Regional Correctional Facility, installation of sprinkler: 450,000 (Total appropriation – Section 2 $2,950,000) Sec. 3. JUDICIARY (a) The sum of $3,000,000 is appropriated to the department of buildings and general services for the judiciary for phase one construction of the Rutland courthouse. (b) From the appropriation made to the judiciary for fiscal year 2003 in House Bill H.766, the sum of $25,000 shall be available for use by the Lamoille County assistant judges to undertake an architectural study to renovate, restore, and improve the Lamoille County courthouse. (Total appropriation – Section 3 $3,025,000) Sec. 4. COMMERCE AND COMMUNITY DEVELOPMENT (a)(1) The sum of $200,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for major maintenance at historic sites statewide. (2) The sum of $500,000 is appropriated to the agency of commerce and community development for renovations at historic sites. The agency of commerce and community development is authorized to direct funds appropriated in this subdivision to the projects listed below; however, no project shall be cancelled unless the chairs of the house and senate committees on institutions are notified before that action is taken. The individual amounts in this subdivision are estimates only: (A) Bennington, Bennington Battle monument, stairway and cast iron repairs: (115,000) (B) Bennington, Bennington Battle monument, gift shop repairs: (20,000) (C) Calais, Kent Tavern museum, wall stabilization: (100,000) (D) Hubbardton, Hubbardton Revolutionary War battlefield, for restoration of the Fuller House, the Fuller House barn, and the schoolhouse: (220,000)

319 JOURNAL OF THE SENATE (E) Orwell, Mount Independence state historic site, construction of secure storage building for maintenance equipment: (25,000) (F) Strafford, Morrill Homestead, matching funds for transportation enhancement grant to design and construct a visitor/education building: (40,000) (b) The following sums are appropriated to the agency of commerce and community development, division for historic preservation for: (1) Historic preservation grants: 125,000 (2) Historic barns and agricultural buildings grants; no additional consideration shall be given for a barn or agricultural building that is in active use: 125,000 (c) The sum of $40,000 is appropriated to the agency of commerce and community development for the cultural facilities grant program, for state grants, for use in making capital improvements, to be made available on a one - for-one matching basis with funds raised from nonstate sources. No such grant shall be available for a project receiving funding from any other appropriation of this act. This program shall be administered by the Vermont Arts Council, which may use up to six percent of the total amount appropriated to administer the program. The remaining appropriation shall be awarded on a competitive basis. In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the state. (d) The sum of $5,000 is appropriated to the department of buildings and general services for use to develop the illumination plan for the Bennington Battle monument required in Sec. 49 of this act. (Total appropriation – Section 4 $995,000) Sec. 5. EDUCATION (a) The following sums are appropriated to the department of education for: (1) state aid for school construction projects pursuant to section 3448 of Title 16: 12,750,249 (2) state assistance to regional technical education centers and comprehensive high schools for the purchase of educational program equipment, to be distributed in equal amounts to each center and high school with no local matching funds required: 250,000 (b) The following sums are appropriated to the department of buildings and general services for technical center projects: MONDAY, MAY 6, 2002 320 (1) Chittenden County, Lake Champlain Regional Technical Center, for the department of buildings and general services to secure an option to lease, lease-purchase, or purchase a suitable site for the facility and for the Lake Champlain Regional Chamber of Commerce (LCRCC) to continue planning and design of the facility and its programming. The LCRCC shall provide a recommendation to the senate and house committees on institutions, on or before January 15, 2003, for a mechanism by which the region to be served, which region shall be defined in the recommendation, shall be provided an opportunity to approve or disapprove the concept of a Chittenden County regional technical center. Notwithstanding any provisions of 16 V.S.A. § 1572 that may be to the contrary, the Chittenden Area Regional Technical Academy Committee, which was established in March 2001 and which produced a report in October 2001 recommending establishment of a regional technical academy, is the planning committee for the technical center project in Chittenden County for purposes of section 1572: 1,000,000 (2) Derby, North Country Career and Technical Center, planning and design of a stand-alone facility: 1,000,000 (c) The sum of $368,505 is appropriated to the department of buildings and general services for the Austine School for the Deaf and Hard of Hearing for ongoing renovations to Holton Hall. (d) The sum of $150,000 is appropriated to the department of education for use by the Patricia A. Hannaford Career Center in Addison County to be used for final architectural working plans, appropriate bid documents, and permits to be in place by Spring 2003. (Total appropriation – Section 5 $15,518,754) Sec. 6. UNIVERSITY OF VERMONT The sum of $3,250,000 is appropriated to the department of buildings and general services for the University of Vermont for renovation of the Given medical building; provided $250,000 of this appropriation shall be used for continued planning and design of the ground-up restoration of the Joseph E. Hills Agricultural Science Building. (Total appropriation – Section 6 $3,250,000) Sec. 7. VERMONT STATE COLLEGES The sum of $1,250,000 is appropriated to the department of buildings and general services for the Vermont state colleges for major facility maintenance. (Total appropriation – Section 7 $1,250,000)

321 JOURNAL OF THE SENATE Sec. 8. NATURAL RESOURCES (a) The following sums are appropriated to the agency of natural resources for: (1) Water pollution grants and the state match for the pollution control and public drinking water supply program state revolving fund loans, all in accordance with chapter 55 of Title 10 and chapter 120 of Title 24: 7,000,000 (2) Dams, maintenance and reconstruction: 300,000 (3)(A) Forests, parks and recreation, construction of one-room and two - room cabins with electricity on existing state park tent sites; provided this appropriation shall constitute a 50/50 match with federal Land and Water Conservation Fund appropriations: 250,000 (B)(i) On or before January 15, 2003, the agency of natural resources shall determine the location of all habitable structures, which may be acquired or are under its jurisdiction, that are suitable for short-term lease by visitors for recreational purposes or are desirable for use by the agency or nonprofit organizations to maintain, oversee, and protect the land on which the structures are sited. (ii) The secretary of natural resources shall consider and recommend to the general assembly a plan designed to accomplish the following: (I) Acquisition by the agency of all camps identified as suitable for lease in subdivision (3)(B)(i) of this section at fair market value. (II) The development of a lottery system, after consideration of precedents now used by the agency, to provide Vermont residents with an equal opportunity to lease any of the camps identified in subdivision (3)(B)(i) of this section that are not deemed desirable by the agency and nonprofit organizations to fulfill their duties. (iii) The secretary of natural resources shall consult with the study committee established by Sec. 57 of No. 61 of the Acts of 2001 in developing the plan required in subdivision (3)(B)(ii) of this section. The secretary shall submit the final plan to the senate and house committees on institutions on or before January 15, 2003. (4) Fish and wildlife, ongoing maintenance of conservation camps and hatcheries; the individual amounts listed in this subdivision are estimates only: 250,000 (A) Bald Hill hatchery, completion of improved water system project: (50,000) MONDAY, MAY 6, 2002 322 (B) Salisbury hatchery, replacement of assistant supervisor’s existing mobile house, which has electrical and structural problems: (50,000) (C) Bennington hatchery, continuation of water system and facility improvements: (150,000) (5) Statewide, for the Green Mountain Club, Inc., for procurement, in fee simple or by easement, of properties along the Long Trail: 250,000 (b) In the event the secretary of natural resources finds that any dam presents an imminent hazard to human health or property and that emergency actions need to be taken to eliminate the imminent hazard, including accessing the dam and potential acquisition of the dam, the secretary is authorized to use the funds appropriated in subdivision (a)(2) of this section to abate the hazard. (c) The secretary of natural resources shall study the state’s obligation or role, if any, in the oversight, maintenance, and repair of dams, the ownership of which is private, public, or unknown, and report back to the house and senate committees on institutions on or before January 15, 2003 with any recommendations as to the state’s obligation, if any, and recommended funding sources. (Total appropriation – Section 8 $8,050,000) Sec. 9. MILITARY (a) The sum of $150,000 is appropriated to the department of the military for various capital needs arising from physical plant emergencies and maintenance requirements. (b) If, on or before January 1, 2003, the selectboard of the Town of Northfield and the trustees of the Village of Northfield vote to accept title to the state-owned National Guard armory in Northfield, pursuant to the terms of this subsection, and to dedicate that property to municipal use, then, upon certification by the commissioner of buildings and general services that the Vermont National Guard has been relocated from that armory, title to the armory shall be conveyed to the Town and Village of Northfield for the sum of $1.00. (Total appropriation – Section 9 $150,000) Sec. 10. VERMONT VETERANS’ HOME The sum of $50,000 is appropriated to the department of buildings and general services for the Vermont veterans’ home for roof replacement over the canteen area and laundry. (Total appropriation – Section 10 $50,000)

323 JOURNAL OF THE SENATE Sec. 11. PUBLIC SAFETY The following sums are appropriated to the department of buildings and general services for the department of public safety for the projects identified in this section. (1) Derby, state police station/PSAP, for construction of a storage garage: 50,000 (2) Addison County, state police station, to acquire an option on land and design and engineer a new state police station in Addison County to replace the station currently located in Middlebury, either as a stand-alone facility or as part of a collocated facility with the town of Middlebury: 150,000 (3) Brighton, Paradis Mountain, for installation of antennae and related transmitter equipment necessary to enhance UHF radio coverage in northern Essex County and complete the Derby phase of the statewide digital microwave system, as a supplement to the appropriation made in Sec. 261b(a) (36) of No. 63 of the Acts of 2001: 30,000 (4) Statewide, replacement of existing radio system: 500,000 (Total appropriation – Section 11 $730,000) Sec. 12. CRIMINAL JUSTICE AND FIRE SERVICE TRAINING COUNCILS The following sums are appropriated to the department of buildings and general services for the Vermont criminal justice and Vermont fire service training councils for the facility in Pittsford for: (1) Miscellaneous repairs to facility and grounds: 15,000 (2) Window repairs on historic main building: 10,000 (3) Study regarding new classroom and dormitory space: 15,000 (4) Repair of gymnasium walls: 15,000 (Total appropriation – Section 12 $55,000) Sec. 13. AGRICULTURE, FOOD AND MARKETS The sum of $110,000 is appropriated to the department of buildings and general services for the department of agriculture, food and markets, for replacement of inadequate cooler in the Vermont building at the Eastern States Exposition. (Total appropriation – Section 13 $110,000) MONDAY, MAY 6, 2002 324 Sec. 14. VERMONT PUBLIC TELEVISION The sum of $500,000 is appropriated to the department of buildings and general services for Vermont Public Television for the federally-mandated conversion of its transmission sites to digital broadcasting format. (Total appropriation – Section 14 $500,000) Sec. 14a. STATE’S ATTORNEYS AND SHERIFFS The sum of $450,000 is appropriated to the department of state’s attorneys and sheriffs for purchase and installation of a comprehensive case management software system. (Total appropriation – Section 14a $450,000) * * * Financing This Act * * * Sec. 15. REALLOCATION OF FUNDS (a) Of the amount appropriated in Sec. 111 of H.766 of the 2002 Session (FY 2003 Appropriations Bill; judiciary), the sum of $25,000 is reallocated to defray expenditures authorized in subdivision 3(b) of this act (judiciary; Lamoille courthouse architectural study). (b) Of the amount appropriated in Sec. 15(b) of No. 61 of the Acts of 2001 (agriculture, food and markets – installation of heat system at Eastern States Exposition building), the sum of $37,970 is reallocated to the department of buildings and general services to defray expenditures authorized by this act. (Total reallocation – Section 15 $62,970) Sec. 16. TRANSFER OF FUNDS (a) Of the amount reserved pursuant to Sec. 252(b) of No. 152 of the Acts of 2000 (funds remaining from surplus one-time appropriations used to defray future school construction obligations), the sum of $15,213,758 is transferred to the general bond fund to defray expenditures authorized in Sec. 5(a)(1) (school construction), (a)(2) (technical center and comprehensive high school equipment), (b)(1) (Lake Champlain Regional Technical Center), 5(b)(2) (North Country Career and Technical Center), and (d) (Hannaford Career Center) of this act, and for $63,509 of the total authorized in Sec. 5(c) (Austine School) of this act. (b) The sum of $450,000 is transferred from the equipment revolving fund to defray expenditures authorized in Sec. 14a of this act (state’s attorneys and sheriffs; case management system). (c) Of the amount appropriated in Sec. 6 of the No. 29 of the Acts of 1999, the sum of $105,000 is transferred to defray costs the department of buildings

325 JOURNAL OF THE SENATE and general services will incur as a result of the closing of the Woodstock Regional Correctional Facility. This transfer is necessary to satisfy a condition in the lease between Windsor County and the state. (Total transfer – Section 16 $15,768,758) Sec. 17. GENERAL OBLIGATION BONDS Subject to 32 V.S.A. § 701(c), the state treasurer is authorized to issue general obligation general fund bonds in the amount of $39,000,000 for the purpose of funding the appropriations of this act. (Total bonding – Section 17 $39,000,000) Sec. 18. 32 V.S.A. § 701a(c) and (d) are added to read: (c) The state treasurer, with the approval of the governor, shall determine the appropriate form and maturity of the bonds authorized general assembly pursuant to this section, consistent with the underlying nature of the appropriation to be funded. (d) The state treasurer is authorized to allocate the estimated cost of bond issuance, or issuances, to the entities to which funds are appropriated pursuant to this section and for which bonding is required as the source of funds. Should estimated receipts be insufficient, the state treasurer shall allocate additional costs pursuant to section 954 of this title. Any remaining receipts shall not be expended, but carried forward to be available for future capital construction acts. * * * Managing This Act * * * Sec. 19. AGENCY OF COMMERCE AND COMMUNITY DEVELOPMENT; REALLOCATION The state historic preservation officer, with the concurrence of the commissioner of buildings and general services, may reallocate the funds in Sec. 4(a) of this act (commerce and community development) to other state historic sites only for major maintenance, should a more pressing need arise following the session. If a reallocation occurs, the state historic preservation officer and the commissioner of buildings and general services shall notify the house and senate committees on institutions that a reallocation has taken place. Sec. 20. TRANSFER OF FUNDS APPROPRIATED IN THIS ACT (a) Natural resources. The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized in Sec. 8 of this act (natural resources). MONDAY, MAY 6, 2002 326 (b) Military. The adjutant general, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized by Sec. 9 of this act (military). Sec. 21. ACCEPTANCE OF GRANTS AND OTHER FUNDS (a) Notwithstanding section 5 of Title 32 (acceptance of grants): (1) The commissioner of environmental conservation, with the approval of the secretary of natural resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with chapter 120 of Title 24. Acceptance of this grant money is hereby approved, provided all notifications are made under subsection 4760(a) of Title 24. (2) The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants made available through federal crime bill legislation. (3) The commissioner of health, with the approval of the secretary of human services, may accept federal grants made available through the Labor/Health and Human Services appropriations bill. The department of buildings and general services shall be responsible for site acquisition and any new construction or building renovations resulting from such grant in connection with a juvenile residential treatment facility. (4) The commissioner of buildings and general services is authorized to accept funds from the asbestos class action suit with Celotex Corporation. These funds shall be used by the commissioner to supplement capital appropriations for major maintenance statewide. (b) Each receipt of a grant or gift authorized by this section shall be reported by the commissioner of the department receiving the funds to the chairs of the house and senate committees on institutions and to the joint fiscal committee. * * * Buildings and General Services; State Buildings * * * Sec. 22. VERMONT MUTUAL INSURANCE COMPANY (a) Authorization to conduct transaction. The commissioner of buildings and general services is authorized to enter into an agreement for the purchase of real property currently owned by the Vermont Mutual Insurance Company in Montpelier for use by the state for office and rental properties and for the construction of a central parking facility.

327 JOURNAL OF THE SENATE (b) The commissioner is authorized to grant, for a price to be negotiated by the commissioner, a 99-year renewable lease for air rights above land, that the state owns now and in the future, on the site of the Court Street parking lot. (c) The commissioner is authorized to enter into a lease with a private party or private nonprofit entity, for up to 30 years, for parking to be constructed for the state within a central parking facility. The state is authorized to take title to the spaces it leases within the central parking facility at the conclusion of the lease, at the discretion of the commissioner. The commissioner is authorized to lease spaces the state controls, either through ownership or lease, for the term of the agreement through leases or subleases, within the central parking facility to municipalities, nonprofits entities private users, or others. (d) The commissioner is authorized to subdivide or enter into condominium agreements to separate parcels, buildings, or structures from one another on property owned now or in the future by the state on the site of the Court Street parking lot in order to ensure that any fee interest in future commercial or residential development along Court Street will not be held by the state. (e) The commissioner is authorized to purchase or condemn any remaining rights in property in Montpelier that the state purchased from Vermont Service Corporation in 1986. If purchased, the price shall be negotiated by the commissioner. Sec. 23. 29 V.S.A. § 152(a)(3)(B) is amended to read: (a) The commissioner of buildings and general services, in addition to the duties expressly set forth elsewhere by law, shall: * * * (3) Prepare or cause to be prepared plans and specifications for construction and repair on all state-owned buildings: * * * (B) For which no specific appropriations have been made by the legislature or the emergency board. The commissioner may, with the approval of the secretary of administration acquire an option, for a price not to exceed $10,000.00 $75,000.00, on an individual property without prior legislative approval, provided that the option contain contains a provision stating that purchase of the property shall occur only upon the approval of the general assembly and the appropriation of funds for this purpose. The state treasurer is authorized to advance a sum not to exceed $10,000.00 $75,000.00, upon warrants drawn by the commissioner of finance and management for the purpose of purchasing an option on a property pursuant to this subdivision. MONDAY, MAY 6, 2002 328 Sec. 24. 20 V.S.A. § 2056e is added to read: § 2056e. DISSEMINATION OF CRIMINAL HISTORY RECORDS TO EMPLOYERS OF STATE SECURITY PERSONNEL (a) The department of buildings and general services may obtain from the center a Vermont criminal record, an out-of-state criminal record, and a record from the Federal Bureau of Investigation for any applicant for a state security personnel position who has given written authorization, on a release form prescribed under section 2056c of this chapter, pursuant to the provisions of this subchapter and the user’s agreement filed by the commissioner of buildings and general services with the center. The user’s agreement shall require the department to comply with all federal and state statutes, rules, regulations and policies regulating the release of criminal history records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the commissioner. Release of interstate and Federal Bureau of Investigation criminal history records is subject to the rules and regulations of the Federal Bureau of Investigation’s National Crime Information Center. (b) For purposes of this section, “security personnel” shall be defined as officers or employees of the state hired to perform security functions for the state, including, but not limited to: protecting the public health and welfare; patrolling, securing, monitoring, and safekeeping the property, facilities, and grounds of the state; and exercising other law enforcement duties as may be authorized by state or federal law. (c) The department shall obtain the criminal record of a security personnel applicant after the applicant has received an offer of employment conditioned on the record check. Nothing herein shall automatically bar a person who has a criminal record from applying or being selected for a security position. (d) No person shall confirm the existence or nonexistence of criminal record information to any person who would not be eligible to receive the information pursuant to this subchapter. Sec. 25. 29 V.S.A. § 821(a)(6) and (7) are added to read: (6) “Emory A. Hebard State Office Building” shall be the name of the state office building at 100 Main Street in Newport. (7) The parking lot for the “Emory A. Hebard State Office Building,” located at the state office building at 100 Main Street in Newport, shall be named the “Warren ‘Jersey’ Drown Parking Facility”.

329 JOURNAL OF THE SENATE Sec. 26. 133 STATE STREET; OCCUPANCY The occupancy plan for the building at 133 State Street in Montpelier shall be as outlined in plan A or B in the memorandum dated January 23, 2002, presented by the commissioner of buildings and general services to the house and senate committees on institutions. Sec. 27. 29 V.S.A. § 171(d) is added to read: (d) All security improvements to state facilities shall be under the direction of the commissioner of buildings and general services, who shall set statewide standards for policies, materials, and equipment, including voice and data reception and transmission upgrades and installations. Sec. 28. 29 V.S.A. § 182(2) is amended to read: (2) “Capitol complex commission” means a commission consisting of five members. Four members shall be appointed by the governor, with the advice and consent of the senate, for a term of three years. The fifth member shall be the chairman of the Montpelier planning commission appointed by the Montpelier city council for a term of two years. The chairman chair of the capitol complex commission shall be designated by the governor. No more than two members of the commission shall be residents of the city of Montpelier, and no member may be an exempt employee of the state of Vermont. The commissioner of buildings and general services shall be the executive secretary of the board and shall have no vote. Sec. 29. 29 V.S.A. § 183(6) is added to read: (6) Pursuant to the authority granted in subdivision (5) of this section, the capitol complex commission shall, by June 1, 2003, adopt rules and regulations to establish a transition zone or zones for the capitol complex district in order to maintain the public’s ability to see the district, and the state house, in particular, from surrounding areas, and to better enhance the aesthetics and cohesiveness of the capitol complex district. Sec. 30. USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY IN THE TOWN OF DERBY; AUTHORIZATION (a) Purpose. The general assembly finds, determines, and declares it is necessary and desirable to acquire the real property described in subsection (b) of this section in order to obtain access from U.S. Route 5 to the proposed North Country career and technical center in Newport, for the use and benefit of the citizens of the state of Vermont, and for the promotion of the general welfare. MONDAY, MAY 6, 2002 330 (b) Definition. The real property that is the subject of this section, and that shall be referred to in this section as the “Sanville property,” is identified as a parcel of 4.407 acres, more or less, located on the northerly side of U.S. Route 5 conveyed to Dustin and Maurice Sanville by warranty deed of Marcel Roberts and Real Desrochers, recorded October 19, 1987 in the town of Derby land records at book 108, page 238, subject to all liens of record. The Sanville property is depicted on a plan prepared by Blais Surveying Company dated April 13, 1978, and bearing the designation Map No. 147-8. (c) Acquisition of Sanville property. (1) The department of buildings and general services, pursuant to the declaration of purpose contained in subsection (a) of this section, may acquire the Sanville property as described in subsection (b) of this section, by exercise of the power of eminent domain, which is hereby conferred. (2) If the department of buildings and general services elects to acquire the Sanville property by eminent domain, then the attorney general, on behalf of the department of buildings and general services, shall petition the Orleans superior court to issue its order of condemnation, vesting title to the Sanville property with the state and establishing the amount of compensation to be paid for the property. Copies of the petition shall be served on all persons holding an interest of record pursuant to the Vermont Rules of Civil Procedure. (3) The Orleans superior court shall set the petition for hearing within 90 days after the filing thereof unless the hearing is waived, in writing, by all parties to the proceeding, including the state. Failure by the court to establish a hearing date as required by this subdivision shall not defeat or otherwise invalidate or nullify the petition. (4) At the time set by the court for hearing the petition, any person holding an interest of record in the Sanville property may appear and be heard on the questions of necessity and compensation. At the conclusion of the hearing, or upon waiver of a hearing by all persons holding a lien or other recorded interest in the Sanville property, the court shall prepare its findings of fact and order on the questions of necessity and compensation. Any party to the proceeding, including the state, who appeared at the hearing and who is dissatisfied with the order of the court, or any part thereof, may appeal the order to the supreme court as provided in the Vermont Rules of Appellate Procedure. (5) If the order of the court, when final, grants the petition, then the state shall, within the time prescribed by the order, by its check payable jointly to all persons having an interest of record, deliver in person or by mail to the person holding record fee title the amount prescribed by the order. Upon payment of

331 JOURNAL OF THE SENATE the amount required by the court’s order, title to the Sanville property shall vest in the state. A copy of the court’s order shall be filed for record with the clerk of the town of Derby and with the secretary of state. (d) Purchase or exchange. The state may purchase the Sanville property or an easement across the property directly from the owners if it can be accomplished at a price satisfactory to the department of buildings and general services. The state may enter into an agreement to exchange state lands for the Sanville property if exchange can be accomplished according to terms satisfactory to the department. (e) The amount to be paid by the state in subdivision (c)(5) or in subsection (d) of this section shall be paid from any appropriation to the department of buildings and general services contained in this act. Credit of the state of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of this section, and such amounts shall be lawful obligations of the state of Vermont. Sec. 31. 32 V.S.A. § 701b is added to read: § 701b. DETERMINATION OF LEGISLATIVE INTENT Any dispute or ambiguity about legislative intent regarding any provision of a capital construction act may be resolved, at the request of the commissioner of buildings and general services, by the issuance of a statement of legislative intent signed by the chairs and vice chairs of the house and senate committees on institutions who participated in writing the act, or if any one chair or vice chair is unavailable, by no less than three of the four who participated in writing the act. Sec. 32. 29 V.S.A. § 152(a)(13) is amended to read: (a) The commissioner of buildings and general services, in addition to the duties expressly set forth elsewhere by law, shall: * * * (13) Assure that electric heat for space heating is not used in new state buildings or in the reconstruction of state buildings, except where it is cost effective to do so on a life cycle cost basis. The commissioner shall develop a work plan to phase out the existing use of electric heat in state buildings, where it is cost effective to do so on a life cycle cost basis, and shall . The commissioner shall develop a work plan to use renewable energy sources as the primary source of heating, cooling, or both heating and cooling, in the construction or reconstruction of all state buildings, unless the commissioner certifies that it is not cost-effective to do so on a life cycle cost basis or that the up-front costs are not adequately funded from any source. Annually, on or MONDAY, MAY 6, 2002 332 before January 15, the commissioner shall report to the general assembly on the use of renewable energy sources in the construction or reconstruction of state buildings. The commissioner shall include in the annual budget requests to the general assembly work plans and budgets to accomplish this the phase-out of electric heat and the implementation of renewable energy systems in a timely fashion. Sec. 33. DISTRICT HEATING IN MONTPELIER; STUDY (a) A recent technical analysis of the existing wood-powered heating facility located behind 120 State Street in Montpelier studied the cost - effectiveness of extending pipes beyond the capital complex to create a community energy system that would heat other large municipal and private buildings within the city. In order to support the positive public policy of promoting a Vermont-grown source of renewable energy, the commissioner of buildings and general services shall work cooperatively with the city of Montpelier to conduct additional analyses, as follows: (1) Engineering studies and cost estimates regarding extension of heating pipes to at least city hall and the municipal police and fire stations, as an initial step in expanding use of the existing system beyond the capitol complex; (2) A business development analysis to determine the preferred form of facility ownership and management once service is expanded beyond the capitol complex; and (3) A cost analysis. (b) The commissioner shall present the results of these analyses, together with recommendations, to the senate and house committees on institutions on or before January 15, 2003. Sec. 34. 29 V.S.A. §152(17) is amended to read: (17) Manage and expend all appropriations made in each annual capital construction act to the department of buildings and general services under chapter 5 of this title; provided the commissioner shall make no expenditure in excess of $100,000.00 on any project unless specifically approved by the general assembly or, if the general assembly is not in session, by the emergency board. However, the commissioner of buildings and general services may, with the approval of the secretary of administration, direct the commissioner of finance and management to issue a warrant to pay the amount of any appropriation designated for use by an entity not affiliated with the executive branch directly to such entity.

333 JOURNAL OF THE SENATE Sec. 35. SALE OF PROPERTY; MONTPELIER Notwithstanding any provision of 29 V.S.A. § 104 to the contrary, the commissioner of buildings and general services is authorized to sell a parcel of land of approximately 0.046 acres in Montpelier, located in the vicinity of One Baldwin Street, to the abutting property owner at One Hopkins Street. The price paid for the parcel shall be at least fair market value for similar land in the city. Proceeds from the sale shall be used to defray expenditures authorized in a future capital construction act. Sec. 36. 29 V.S.A. § 152(20) is amended to read: (20) Transfer any unexpended project balances between projects that are authorized within the same topical sections of different capital construction acts, with the approval of the secretary of administration when the unexpended project balance does not exceed $100,000 $100,000.00, or with the additional approval of the emergency board when such balance exceeds $100,000 $100,000.00. Sec. 37. BUILDINGS AND GENERAL SERVICES; CONFLICT In the event of a conflict between the provisions of 29 V.S.A. § 165 and any other provision of law pertaining to state facilities, the provisions of section 165 shall control. * * * Corrections * * * Sec. 38. 28 V.S.A. § 121 is added to read: § 121. COMMUNITY HIGH SCHOOL OF VERMONT BOARD (a) A board is established for the purpose of advising the education supervisor of the independent school established in section 120 of this title. The board shall have supervision over policy formation for the independent school, except as otherwise provided, shall recommend school policy to the commissioner of corrections, shall oversee local advisory boards of the school, and shall perform such other duties as requested from time to time by the commissioners of education or of corrections. (b) The board shall consist of nine members, each appointed by the governor for a three-year term subject to the advice and consent of the senate, in such a manner that no more than three terms shall expire annually, as follows: (1) Six representatives from the membership of local advisory boards serving the school sites, not to include more than one member from any advisory board. MONDAY, MAY 6, 2002 334 (2) Three members-at-large. (c) The board shall appoint a chair and vice chair, each of whom shall serve for one year or until a successor is appointed by the board. (d) The board shall report on its activities annually to the state board of education. (e) The board may, with the approval of the commissioner of corrections, appoint the education supervisor of the independent school. Sec. 39. 32 V.S.A. § 1010 (a) is amended to read: § 1010. MEMBERS OF CERTAIN BOARDS (a) Except for those members serving ex officio or otherwise regularly employed by the state, the compensation of the members of the following boards shall be $50.00 per diem: * * * (28) Offender work programs board (29) Community high school of Vermont board. Sec. 40. 28 V.S.A. § 120(b) is amended to read: (b) Applicability of education provisions. The education program shall be approved by the commissioner state board of education as an independent school under 16 V.S.A. § 166, shall comply with the school quality standards provided by section 165 of Title 16 16 V.S.A. § 165, and shall be coordinated with adult education, special education and technical education. Sec. 41. 28 V.S.A. § 120(h) is amended to read: (h) Required participation. All persons under the custody of the commissioner of corrections who are under the age of 21 22 and have not received a high school diploma shall participate in the education program unless exempted by the commissioner. Sec. 42. CORRECTIONS WORKFORCE COMMITTEE (a) In order to advance the work begun by the committee established in Sec. 83 of No. 61 of the Acts of 2001 (“2001 committee”), which identified barriers impeding the successful entry of ex-offenders into the workforce, there is established a committee designed to: (1) coordinate resources and programs that are already available to the corrections population; (2) explore potential partnerships; and

335 JOURNAL OF THE SENATE (3) design and implement solutions to issues identified by the 2001 committee in its January 2002 report to the general assembly, including, but not limited to, the issues identified in section II.D.1 of the report and the need for structured transitional housing. (b) The committee shall be comprised of the commissioners of employment and training, of corrections, and of education, the chancellor of the Vermont state colleges, and the executive director of the Human Resources Investment Council, or their designees, who shall work together and with other public and private entities, including the Community High School of Vermont and independent organizations providing education and training. (c) The department of employment and training shall provide the committee with administrative support. The legislative council shall also provide administrative support and draft any proposed legislation or reports to the general assembly. (d) The committee shall report its progress to the house and senate committees on institutions and on education on or before January 15, 2003. (e) Committee members who are not full-time state employees shall be entitled to per diem and expenses as provided in 32 V.S.A. § 1010. Sec. 43. 28 V.S.A. § 811 is amended to read: § 811. REDUCTION OF TERM FOR GOOD BEHAVIOR * * * (f) Each At least once monthly, each inmate committed to the custody of the commissioner shall receive timely written notice each month of be entitled to see his or her permanent file which shall record any reduction in the maximum term of confinement, and a notation of such award shall be entered each month on a cumulative record of such actions in the inmate’s permanent file. If the inmate is not awarded the maximum allowable reduction in the maximum term of confinement in any given month, the inmate shall receive a written explanation for the denial of such reduction from the administrative officer of the facility wherein the inmate is confined shall be included in the inmate’s file. For an inmate confined in a work camp, the provisions of this subsection shall apply to both the minimum and maximum terms of the inmate’s confinement. * * * (h) Where the sentence is the unsuspended portion of a sentence imposed under subsection 205(a) of this title, it shall be treated as the minimum term of the entire sentence for purposes of this section. MONDAY, MAY 6, 2002 336 Sec. 44. 28 V.S.A. § 102(c)(20) is added to read: (c) The commissioner is charged with the following responsibilities: * * * (20) To utilize the department of buildings and general services competitive bidding practices in order to determine the most effective and cost - effective alternatives for housing inmates in any out-of-state correctional facility. Sec. 44a. CONDITIONAL REENTRY; DEPARTMENT OF CORRECTIONS Notwithstanding the provisions of chapter 25 of Title 3, the agency of human services, department of corrections, shall not be required to implement its policies and directives in the form of an emergency rule or administrative rule prior to January 1, 2003. The department shall work with the Vermont defender general, the executive director of the department of state’s attorneys and sheriffs, the executive director of the Vermont league of cities and towns, the director of the Vermont state employees’ association, and the executive director of the Vermont parole board, or their designees, to address the concerns these organizations have expressed regarding proposed rule #371, emergency rule #371, or any other rule or proposed rule regarding classification guidelines or conditional reentry, including: (1) Cost-shifting to local enforcement by increasing the number of offenders in the community and allocating fewer departmental resources for supervision; (2) Release of offenders into the community due to a need for additional beds rather than by determination of what is safe for the community or in the best interest of the offender; (3) Reduction in the authority afforded to field staff, which subverts the effectiveness of their supervision of offenders within the community; (4) Lack of notification of local enforcement officers when a new offender is released into the community or when an offender already within the community reoffends; (5) Inadequate opportunity provided to local enforcement officials and to department of corrections field staff to participate in the decision to reincarcerate an offender when new violations occur in the community; (6) The concern that the definition of “risk” does not include a consideration of previous criminal history, and that it does not assess risk in a sufficiently broad or accurate manner;

337 JOURNAL OF THE SENATE (7) Insufficient determination of the connections between parole and conditional reentry; (8) Inadequate and inappropriate housing for offenders who are released into the community; (9) The need for an agreement signed by members of a released offender’s household regarding items including firearms, alcohol or drugs in the household. Sec. 45. 28 V.S.A. § 1302 is added to read: § 1302. VIOLATIONS OF CONDITIONS; RETAKING; HEARING AND NOTICE Where the state of Vermont is supervising a parolee or probationer pursuant to the interstate compact for the supervision of parolees and probationers, the officer designated under subdivision 1301(5) of this chapter (“compact administrator”) shall notify the compact administrator of the sending state whenever consideration should be given to retaking or returning to the sending state any parolee or probationer who is believed to have violated any of the terms of supervision in this state. If a parolee or probationer is placed in custody in this state pending notification to the sending state, this state’s compact administrator shall ensure that a hearing is held within 15 workdays of when custody began, unless the hearing is waived by the parolee or probationer in writing. Probable cause to believe that any condition of parole or probation have been violated shall be determined during the course of the hearing, and for this purpose the compact administrator or designee may use the testimony of witnesses, affidavits of witnesses unable to attend, testimony by witnesses via telephone, and any records kept in the regular course of business. All testimony shall be under oath. Following the hearing, the state’s compact administrator or designee shall send a copy of the hearing record to the sending state’s compact administrator along with a recommendation regarding the disposition to be made of the parolee or probationer. Pending the decision of the sending state, the parolee or probationer may be held in custody for a period not to exceed 15 workdays from the day of the hearing, except that this state’s compact administrator may extend the period of custody for a reasonable period of time if the sending state has notified this state’s compact administrator that it is retaking the parolee or probationer. Sec. 46. UNIFORM ACT FOR OUT-OF-STATE PAROLEE SUPERVISION; EFFECTIVE DATE FOR AMENDMENT (a) Sec. 45 of this act shall take effect when the commissioner of the Vermont department of corrections determines that the section has complied MONDAY, MAY 6, 2002 338 with the provisions of chapter 21 of Title 28 (uniform act for out-of-state parolee supervision) and with any provisions regarding amendment of that act. (b) When chapter 22 of Title 28 (interstate compact for the supervision of adult offenders) takes effect and chapter 21 of that title is thereby repealed, the compact administrator for the state of Vermont shall present to the interstate commission the substance of Sec. 45 of this act for consideration as a proposed rule or an amendment to the compact. * * * Commerce and Community Development * * * Sec. 47. 18 V.S.A. § 5212b is added to read: § 5212b. UNMARKED BURIAL SITES SPECIAL FUND (a) The unmarked burial sites special fund is established in the state treasury for the purpose of protecting, preserving, moving or reinterring human remains discovered in unmarked burial sites. (b) The fund shall be comprised of any monies appropriated to the fund by the general assembly or received from any other source, private or public. Interest earned on the fund, and any balance remaining in the fund at the end of a fiscal year, shall be retained in the fund. This fund shall be maintained by the state treasurer, and shall be managed in accordance with chapter 7, subchapter 5 of Title 32. As a condition to any appropriation to this fund, any historic (pre-1920) Native American remains, which have been or may be discovered in the state, may be interred at the premises after consulting with the Governor’s Advisory Commission on Native American Affairs, established by Executive Order No. 97-90, or any successor entity, as was required by Sec. 20 of No. 62 of the Acts of 1995. (c) The commissioner of housing and community affairs may authorize disbursements from the fund for use in any municipality in which human remains are discovered in unmarked burial sites in accordance with a process approved by the commissioner. The commissioner shall approve any process developed through consensus or agreement of the interested parties, including the municipality, the Governor’s Advisory Commission on Native American Affairs, and private property owners of property on which there are known or likely to be unmarked burial sites, provided the commissioner determines that the process is likely to be effective, and includes all the following: (1) Methods for determining the presence of unmarked burial sites, including archaeological surveys and assessments and other nonintrusive techniques.

339 JOURNAL OF THE SENATE (2) Methods for handling development and excavation on property on which it is known that there is or is likely to be one or more unmarked burial sites. (3) Options for owners of property on which human remains in unmarked burial sites are discovered or determined to be located. (4) Procedures for protecting, preserving or moving unmarked burial sites and human remains, subject, where applicable, to the permit requirement and penalties of this chapter. (5) Procedures for resolving disputes. (d) If unmarked burial sites and human remains are removed, consistent with the process set forth in this section and any permit required by this chapter, there shall be no criminal liability under 13 V.S.A. § 3761. (e) The funds shall be used for the following purposes relating to unmarked burial sites: (1) To monitor excavations. (2) To protect, preserve, move or reinter unmarked burial sites and human remains. (3) To perform archaeological assessments and archaeological site or field investigations, including radar scanning and any other nonintrusive technology or technique designed to determine the presence of human remains. (4) To provide mediation and other appropriate dispute resolution services. (5) To acquire property or development rights, provided the commissioner of housing and community affairs determines that disbursements for this purpose will not unduly burden the fund. (6) Any other appropriate purpose determined by the commissioner to be consistent with the purposes of this fund. (f) The commissioner may adopt rules to carry out the intent and purpose of this section. Sec. 48. UNMARKED BURIAL SITE FUND REPORT; DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS The commissioner of housing and community affairs shall issue a written report to the Senate Committee on General Affairs and Housing, the House Committee on General, Housing and Military Affairs, and the Governor’s Advisory Commission on Native American Affairs on or before January 15, MONDAY, MAY 6, 2002 340 2003, regarding the implementation of this act and chapter 107 of Title 18. The report shall include: (1) The fund balance, including the sources of deposits. (2) Disbursements that have been made from the fund, the municipality for which the disbursement was made, and a description of the process used or implemented by the municipality to protect unmarked burial sites or property owners, or both. (3) Management processes implemented by municipalities that are designed to protect unmarked burial sites, preserve Native American human remains and protect the rights of owners of property on which unmarked burial sites exist or are suspected to exist and an evaluation of the effectiveness of these processes and a description of the actions taken by the Division of Historic Preservation to encourage and support appropriate municipalities to design such a process. (4) Improvements made to facilitate access to and communications with the Governor’s Advisory Commission on Native American Affairs, including assuring publication of telephone and fax numbers and postal and email addresses in local and state directories, message retrieval, state website presence and any other enhancement implemented to improve access to the Governor’s Advisory Commission on Native American Affairs. (5) The status of any rulemaking initiated or completed pursuant to this act. Sec. 49. BENNINGTON BATTLE MONUMENT; ILLUMINATION Pursuant to the desires expressed by a majority of voters casting ballots on Town Meeting Day in Bennington in March 2002, and notwithstanding any provision of law to the contrary, the Bennington Battle monument shall be illuminated pursuant to a plan to be developed by the commissioner of buildings and general services. In preparing the plan, the commissioner may consult with any person he or she deems necessary. * * * Education; School Construction * * * Sec. 50. TRANSITIONAL PROVISIONS; CONSTRUCTION AID FOR TECHNICAL CENTERS (a) No twithstanding any provision of law to the contrary, the amount of an award for the construction or purchase of a new technical center building or additions or alterations to an existing technical center building for the following projects shall be 100 percent of the approved cost of the project: (1) The North Country Career Center now located in Newport.

341 JOURNAL OF THE SENATE (2) Any portion of the combined technical center project dedicated specifically to the provision of state-approved technical education programming in Chittenden County; provided nothing in this section shall apply to any noncombined project providing technical education in Chittenden County. (3) The Southeastern Vermont Career Education Center in Brattleboro. (b) For purposes of determining when it shall receive its award, each of the technical centers identified in subsection (a) of this section shall maintain its position in the priority set forth in subsection (a). This section shall replace the process required in chapter 123 of Title 16 for these three technical centers; provided these technical centers shall conform to the standards for technical education center construction developed jointly by the commissioners of education and of buildings and general services pursuant to Sec. 44 of No. 148 of the Acts of 2000. Nothing in this section shall be construed to prohibit the districts responsible for these three technical centers from seeking voter approval to borrow 100 percent of the project costs in anticipation of state aid; provided the district shall not be reimbursed by the state for debt incurred due to such borrowing. The capital construction funding request for these three projects shall be a separate line item in the annual request submitted by the state board of education pursuant to 16 V.S.A. § 3448(a)(4). (c) Notwithstanding any other provision of law, the department of buildings and general services shall be responsible for all design, construction, or purchase of any new buildings or alterations of existing buildings. All state construction aid for these projects shall be appropriated to the department of buildings and general services for this purpose. Such funds may be used to hire temporary or contract staff to assist with these responsibilities. Sec. 51. 29 V.S.A. § 152(a)(25) is added to read: (a) The commissioner of buildings and general services, in addition to the duties expressly set forth elsewhere by law, shall: * * * (25) In his or her discretion, be responsible for the design, construction, or purchase of any new buildings or alterations of existing buildings in connection with any technical center receiving funding under Title 16. All state construction aid for these projects shall be appropriated to the department of buildings and general services for this purpose. Such funds may be used to hire temporary or contract staff to assist with these responsibilities. MONDAY, MAY 6, 2002 342 Sec. 52. MISSISQUOI VALLEY SCHOOL DISTRICT; MIDDLEBURY UNION HIGH SCHOOL DISTRICT #3; CONSTRUCTION AID AUTHORIZED Notwithstanding any other provisions of law, including, but not limited to, subdivision 3448(a)(5) of Title 16, requiring approval of a final application by the state board of education as a precondition to receipt of school construction aid, the Missisquoi Valley School District (for replacing stucco detached from the building) and the Middlebury Union High School District #3 (for renovating the high school auditorium) may each receive 25 percent construction aid for the state’s total share of costs incurred in 2001, which share shall not exceed $28,750.00 for the Missisquoi Valley School District and $186,000.00 for the Middlebury Union High School District #3, if such costs are deemed eligible by the commissioner of education under state board rules, and if the project was properly bid under section 559 of Title 16. In no case shall the construction aid exceed 25 percent of the voter-approved cost for the project. These schools shall be placed in order of priority for receipt of construction aid after the final school districts on the list of school districts submitted by the state board of education in January 2002. Sec. 53. 16 V.S.A. § 3448(a)(5)(B) is amended to read: (5) Final approval for construction aid. * * * (B) The state board may approve a final application for a project provided that: (i) the project has received preliminary approval; (ii) the district has voted funds or authorized a bond for the total estimated cost of the project; (iii) the district has made arrangements for project construction supervision by persons competent in the building trades; (iv) the district has provided for construction financing of the project during a period prescribed by the state board; and (v) the project has otherwise met the requirements of sections 3447-3456 of this title; and (vi) if the proposed project includes a playground, the project includes a requirement that the design, construction or installation, maintenance, and supervision of playground equipment follow the guidelines set forth in the United States Consumer Product Safety Commission Handbook for Public Playground Safety.

343 JOURNAL OF THE SENATE Sec. 54. TWINFIELD EARLY CARE AND EDUCATION CENTER; ORLEANS CENTRAL EARLY CHILDHOOD EDUCATION AND FAMILY CENTER; AUTHORIZATION Notwithstanding any provision of law that might render an early education program ineligible for state school construction aid under chapter 123 of Title 16, the Twinfield Union School District and the Orleans Central Supervisory Union are each eligible to receive state school construction aid of 30 percent of the approved cost of their respective projects to construct community early education centers, subject to approval of the project by the commissioner of education, and, once approved, the state board of education shall place the projects on the prioritized list of school construction projects. Notwithstanding the provisions of 16 V.S.A. § 3448(a)(8)(B), any federal funds received in connection with these projects shall be considered eligible construction costs. Nothing in this section shall be construed as requiring the district, union, or projects to comply with any other requirement of section 3448. Sec. 55. 16 V.S.A. § 1545 is amended to read: § 1545. CREDITS AND GRADES EARNED (a) Grades earned in a technical education course offered within a technical education program approved by the state board shall not be altered by any public or independent school in Vermont and shall be applied by the school toward any state or local graduation requirements in accordance with policies adopted by the school board of each sending school district. Such policies shall be adopted prior to the beginning of the school year in which the course is offered rules adopted by the state board. Any state board rules regarding earning of credits shall allow flexibility with respect to the integration of technical education and other academic courses. (b) The credits earned for a technical education program approved by the state board shall be consistent with any state board rule and with the credit policies of the board responsible for operation of the technical center. These credits shall be honored by any public or independent school within Vermont and applied toward any state or local graduation requirement. Any state board rules regarding earning of credits shall allow flexibility with respect to the integration of technical education and other academic courses school district or independent school graduation requirements exceeding the minimum number of credits required by the state board. (c) For any student attending the Vermont academy for science and technology pursuant to section subsection 4011(e) of this title, the credits and grades earned shall, upon request of the student or the student’s parent or MONDAY, MAY 6, 2002 344 guardian, be applied toward graduation requirements at the Vermont high school which the student attended prior to enrolling in the academy. Sec. 56. SCHOOL CONSTRUCTION; ENERGY EFFICIENCY; FEDERAL ENERGY STAR PROGRAM (a) The department of education, in consultation with Efficiency Vermont, the department of public service, and the department of buildings and general services, shall prepare a proposed energy performance standard designed to increase energy efficiency in newly constructed or remodeled school buildings by at least ten percent above currently applicable energy standards. In preparing the proposed standard, the department shall examine existing programs in other states or nationally, including the federal Energy Star program. The department shall submit the proposed energy performance standard, together with a report of the analysis that underlies the standard, to the house and senate institutions committees on or before January 15, 2003. (b) Each applicant for state school construction aid under chapter 123 of Title 16 shall consult with Efficiency Vermont concerning ways in which the applicant might improve the energy efficiency of the proposed construction project. Sec. 57. MOUNT ANTHONY UNION MIDDLE SCHOOL; ALLOCATION OF SCHOOL CONSTRUCTION FUNDS T hat portion of the funds appropriated in Sec. 6(a) of No. 61 of the Acts of 2001 identified by the state board of education for the Mount Anthony Middle School project shall remain allocated to that school district until April 15, 2003 or such time as the project receives final state board approval, whichever is earlier . If the funds have not been disbursed by April 15, 2003, then the general assembly may consider re-allocating the funds to another capital project. * * * Judiciary * * * Sec. 58. 24 V.S.A. § 71b is amended to read: § 71b. COURTHOUSE SECURITY (a) The assistant judges and the county sheriff shall jointly agree and shall be responsible for employing or contracting with a sheriff, sheriff’s department or any other person or with any other entity employing persons who have been certified by the criminal justice training council pursuant to section 2358 of Title 20 to provide court security services in county courthouses. Compensation shall be provided by the court administrator’s office at a rate jointly approved by the assistant judges and the court administrator with the person or entity providing the security services.

345 JOURNAL OF THE SENATE (b) The authority to disburse funds appropriated in any general fund appropriations act to the court administrator for the purpose of providing or enhancing security at any court facility is contingent upon the following: (1) The court administrator’s office shall ensure that security screening is conducted, at any courthouse requesting it, on any day on which a judicial officer is assigned to preside at that location; and (2) Compensation for security services provided under subdivision (1) of this subsection is made as required under subsection (a) of this section. * * * State Colleges * * * Sec. 59. SPENDING AND BONDING AUTHORIZATION; VERMONT STATE COLLEGES In conformity with 16 V.S.A. § 2171(e), the general assembly approves the expenditure by the Vermont state colleges from its revenues, other than state appropriations, and from its self-generated revenues established for the purpose of capital improvements on housing, dining, and general purpose facilities, to an aggregate of $1 million for necessary capital improvements. Capital improvements in excess of $50,000.00 shall be under the supervision of the commissioner of buildings and general services. * * * Natural Resources * * * Sec. 60. ACTION REGARDING STATE LAND (a) Pursuant to 10 V.S.A. § 2603(b), the commissioner of forests, parks and recreation is authorized to exchange or lease certain state lands, as follows: (1) To convey an easement across a portion of Quechee State Park to the Town of Hartford to accommodate a planned extension of the municipal water line. (2) To convey a right-of-way across a portion of the French Hill Block of Mount Mansfield State Forest in the Town of Johnson to Edward LeFevre. The right-of-way will provide access for forestry purposes and to a single recreational camp on a landlocked parcel owned by Edward LeFevre. In exchange, Edward LeFevre shall pay to the agency of natural resources the sum of $7,500.00, which represents a fair assessment of the value of the right - of-way. This sum shall be used by the agency to help acquire the 18.5- acre Murray parcel located adjacent to Mount Mansfield State Forest in the Town of Morristown. (3) To convey 110 +/- acres, located in the Town of Newbury, acquired as a bequest from the Enrita Carlson estate, to the Town of Newbury, subject to a grant of development rights and conservation easement held by the Upper MONDAY, MAY 6, 2002 346 Valley Land Trust (UVLT). The Carlson property is not adjacent to state - owned land or interest in land; however, it is adjacent to properties conserved with easements held by UVLT. The property will be restricted from any future development, and will be open to nonmotorized public access. (4) To enter into an exchange of land with Carl Cole in the Town of Ferrisburgh, where the state would convey 21 +/- acres and an existing barn at Kingsland Bay State Park in exchange for 28 +/- acres adjacent to Lower Otter Creek Wildlife Management Area, with frontage on Otter Creek. The 21 +/- acres will be conveyed with a deed restriction to prevent future development or commercial use. The 28 +/- acres to be conveyed to the state will be of equal or greater appraised value than the 21 +/- -acre parcel to be conveyed to Carl Cole. (b) Notwithstanding the provisions of section 104 of Title 29, the net proceeds of any transactions authorized by this section shall be deposited with the state treasurer, to be held in the agency of natural resources land acquisition special fund for use by the agency of natural resources in acquiring conservation lands. Sec. 61. 29 V.S.A. § 152(a)(26) is added to read: (a) The commissioner of buildings and general services, in addition to the duties expressly set forth elsewhere by law, shall: * * * (26) supervise capital improvements in excess of $50,000.00 made by the department of forests, parks and recreation. The secretary of administration shall transfer positions from the agency of natural resources to the department of buildings and general services sufficient to manage the additional work required by this subdivision. Sec. 62. 24 V.S.A. § 3501 is amended to read: § 3501. DEFINITIONS The following words and phrases, as used in this chapter and in chapter 101 of this title, shall have the following meanings: * * * (5) “Sewage” is the used water supply of a community, including such ground water, surface and storm water as may or may not be mixed with these liquid wastes from the community. (6) “Sewage system” shall include such equipment, pipe line system and facilities as are needed for and appurtenant to the treatment or disposal of sewage and waters, as defined herein, including a sewage treatment or disposal

347 JOURNAL OF THE SENATE plant, as defined in section 3601 of this title, and separate pipe lines and structural or nonstructural facilities as are needed for and appurtenant to the treatment or disposal of storm, surface, and sub-surface subsurface waters. * * * Sec. 63. 24 V.S.A. § 3601 is amended to read: § 3601. DEFINITIONS The definitions established in section 3501 of this title shall establish the meanings of those words as used in this chapter, and the following words and phrases as used in this chapter shall have the following meanings: * * * (3) The phrase “sewage treatment or disposal plant” shall include, for the purposes of this chapter, such plant, equipment, system and facilities, whether structural or nonstructural, as are needful for and appurtenant to the treatment or disposal by approved sanitary methods of domestic sewage, garbage, or industrial wastes, stormwater, or surface water. Sec. 64. 24 V.S.A. § 3615 is amended to read: § 3615. RENTS; RATES Such municipal corporation, through its board of sewage disposal commissioners, may establish charges to be called “sewage disposal charges,” to be paid at such times and in such manner as the commissioners may prescribe. The commissioners may establish annual charges separately for bond repayment, fixed operations and maintenance costs (not dependent on actual use), and variable operations and maintenance cost dependent on flow. Such charges may be based upon: (1) the metered consumption of water on premises connected with the sewer system, however, the commissioners may determine no user will be billed for fixed operations and maintenance costs and bond payment less than the average single family charge; (2) the number of equivalent units connected with or served by the sewage system based upon their estimated flows compared to the estimated flows from a single family dwelling,; however, the commissioners may determine no user will be billed less than the minimum charge determined for the single family dwelling charge for fixed operations and maintenance costs and bond payment; (3) the strength and flow where wastes stronger than household wastes are involved; (4) the appraised value of premises, in the event that the commissioners shall determine the sewage disposal plant to be of general benefit to the municipality regardless of actual connection with the same; (5) the commissioners’ determination developed using any other equitable basis such as the number and kind of plumbing fixtures, the number of persons residing on or MONDAY, MAY 6, 2002 348 frequenting the premises served by those sewers, the topography, size, type of use, or impervious area of any premises; or (6) any combination of these bases, so long as the combination is equitable. The basis for establishing sewer disposal charges shall be reviewed annually by sewage disposal commissioners. No premises otherwise exempt from taxation, including premises owned by the state of Vermont, shall, by virtue of any such exemption, be exempt from charges established hereunder. The commissioners may change the rates of such charges from time to time as may be reasonably required. Where one of the bases of such charge is the appraised value and the premises to be appraised are tax exempt, the commissioners may cause the listers to appraise such property, including state property, for the purpose of determining the sewage disposal charges. The right of appeal from such appraisal shall be the same as provided in chapter 131 of Title 32. The commissioner of finance and management is authorized to issue his warrants for sewage disposal charges against state property and transmit to the state treasurer who shall draw a voucher in payment thereof. No charge so established and no tax levied under the provisions of section 3613 of this title shall be considered to be a part of any tax authorized to be assessed by the legislative body of any municipality for general purposes, but shall be in addition to any such tax so authorized to be assessed. Sewage disposal charges established in accord with this section may be assessed by the board of sewage disposal commissioners as provided in section 3614 of this title to derive the revenue required to pay pollution charges assessed against a municipal corporation under section 1265 of Title 10. Sec. 65. 24 V.S.A. § 3672 is amended to read: § 3672. DEFINITIONS (a) As used in this chapter, the following words and terms shall have the following meanings unless the context indicates another or different meaning or intent: * * * (2) “Sewage system” includes such equipment, pipeline systems and facilities as are needed for and appurtenant to the treatment or disposal of sewage and waters, including sewage treatment plants and separate pipelines and structural or nonstructural facilities as are needed for and appurtenant to the treatment or disposal of storm, surface and subsurface waters, and all properties, rights, easements, and franchises relating thereto and deemed necessary or convenient by the sewer commission for the operation thereof.

349 JOURNAL OF THE SENATE (3) “Sewage” means the used water supply of a community, including such groundwater, surface water and storm water stormwater as may or may not be mixed with liquid wastes from the community. * * * Sec. 66. 24 V.S.A. § 4753 is amended to read: § 4753. REVOLVING LOAN FUNDS; AUTHORITY TO SPEND; REPORT (a) There is hereby established a series of special funds to be known as: (1) The Vermont environmental protection agency (EPA) pollution control revolving fund which shall be used to provide loans to municipalities for planning sewage systems and sewage treatment or disposal plants as defined in sections 3501(6) and 3601 of this title, for constructing publicly-owned sewage systems and sewage treatment or disposal plants as defined in sections 3501(6) and 3601 of this title, for planning or construction of certain privately-owned wastewater systems, and for implementing related management programs. * * * (d) Funds from the Vermont environmental protection agency pollution control fund and the Vermont pollution control revolving fund, established by subdivisions (1) and (2) of subsection (a) of this section, may be awarded for: (1) the construction of a new or an enlarged waste water treatment plant with a resulting total capacity of 250,000 gallons or more per day in accordance with the provisions of this chapter and section 1626a of Title 10; or (2) the construction of stormwater management facilities as specifically or generally described in Vermont’s nonpoint source management plan, and which are necessary to remedy or prevent pollution of waters of the state; provided, in any year in which federal grant for the fund established in subdivision (a)(1) of this section does not exceed the amount available to the state in the 2002 federal appropriation, no more than 10 percent of that year’s federal and state appropriations to that fund shall be used for the purpose outlined in this subdivision. Sec. 67. 24 V.S.A. § 4754 is amended to read: § 4754. LOAN APPLICATION A municipality may apply for a loan, the proceeds of which shall be used to acquire, design, plan, construct, enlarge, repair or improve a publicly-owned sewage system, sewage treatment or disposal plant, pollution control facility, MONDAY, MAY 6, 2002 350 water supply, water system, or solid waste handling and disposal facility, or certain privately-owned wastewater systems as described in section 4763 of this title, or to implement a related management program. In addition, the loan proceeds shall be used to pay the outstanding balance of any engineering planning advances made to the municipal applicant under chapter 55 of Title 10 and determined by the secretary of the agency of natural resources to be due and payable following construction of the improvements to be financed by the proceeds of the loan. The bond bank may prescribe any form of application or procedure required of a municipality for a loan hereunder. Such application shall include such information as the bond bank shall deem necessary for the purpose of implementing this chapter. * * * Criminal Justice and Fire Service Training Council * * * Sec. 68. FIRE DEPARTMENT AND FIRE DISTRICT FINANCING AND STRUCTURAL STUDY (a) The General Assembly finds: (1) Fire departments and fire districts serve an essential public role. (2) Volunteer, paid, call, and professional firefighters are available 24 hours a day, 365 days a year. (3) These firefighters risk their lives to protect property and the lives of others. (4) Many of Vermont’s fire departments and fire districts are threatened by their inability to raise sufficient operating and capital funds without straining municipal budgets and by their inability to attract and properly train and equip volunteers. (5) Pursuant to the provisions of subchapter 3 of chapter 175 of Title 20, many municipalities and fire districts have entered into mutual aid agreements to aid surrounding communities in the event of a major fire emergency, but they may not be able to respond fully because of difficulties with funding, recruitment, or training. (6) Municipal fire departments and fire districts incur operational costs for each property or automobile fire to which they respond, in excess of long - term infrastructure equipment and space needs. (7) Other states have developed sustainable funding sources and mechanisms, such as a gross receipts tax on property and automobile insurance premiums to fund state and regional training programs, and the authority of municipalities to assess a per - call user fee against homeowner and automobile insurance policies when called to respond to a loss, to cover operational expenses incurred.

351 JOURNAL OF THE SENATE (8) There is a need to examine the financial issues and employment patterns that threaten municipal fire departments and fire districts to assure they are able to continue providing their vital, and sometimes lifesaving, public services. (b) In order to develop new options to assure long-term financial stability for the state’s municipal fire departments and fire districts, the commissioners of banking, insurance, securities, and health care and of finance and management and the executive director of the Vermont Fire Service Training Council shall jointly examine municipal fire departments’ and fire districts’ funding needs and sources, and shall make recommendations to address those needs from available sources. They shall identify and jointly make recommendations to address other issues that threaten the viability of fire departments. As part of their examination, they shall consult with representatives of the Vermont Fire Chiefs’ Association, the Vermont State Firefighters Association, the Vermont Career Fire Chiefs Association, and the Professional Firefighters Association. The commissioners and executive director shall submit a report of their findings and recommendations to the house committee on ways and means and to the senate committee on finance by January 15, 2003. * * * Miscellaneous * * * Sec. 69. 32 V.S.A. § 182(8) is amended to read: § 182. DUTIES OF COMMISSIONER (a) In addition to the duties expressly set forth elsewhere by law, the commissioner of finance and management shall: * * * (8) Prepare monthly financial reports for the governor, secretary of administration, and other officials and for release to the general public, and an annual financial report in accordance with generally accepted accounting principles which shall be distributed to the chairs of the house committees on appropriations, institutions, and ways and means and to the senate committees on appropriations, finance, and institutions on or before December 31 of each year; Sec. 70. REPEAL 10 V.S.A. § 6621 (shelf labeling law regarding hazardous products) is repealed. MONDAY, MAY 6, 2002 352 Sec. 71. SUNSET On October 1, 2003, the statutory sections amended by Secs. 62 through 67 of this act shall revert to the language that they contained before passage of this act. Sec. 72. EFFECTIVE DATE (a) Except as otherwise provided in this section, the sections of this act shall take effect from passage. The sums appropriated and the spending authority authorized by this act shall be continuing, and shall not revert at the end of the fiscal year. (b) Sec. 45 (uniform act for out-of-state parolee supervision) shall take effect as provided in Sec. 46 of this act. And that the bill ought to pass in concurrence with such proposal of amendment. Senator Sears, for the Committee on Appropriations, to which the bill was referred, reported recommending that the bill be amended as recommended by the Committee on Institutions with the following amendments thereto: First: In Sec. 3, by striking out the designation “(a)”, and by striking out subsection (b) in its entirety, and by striking out the total appropriation “$3,025,000” and inserting in lieu thereof the total appropriation $3,000,000 Second: In Sec. 15, by striking out subsection (a) in its entirety, and by striking out the designation “(b)”, and by striking out the total reallocation “$62,970” and inserting in lieu thereof the total appropriation $37,970 Third: By striking out Sec. 49 in its entirety and inserting in lieu thereof a new Sec. 49 to read: Sec. 49. BENNINGTON BATTLE MONUMENT; ILLUMINATION The commissioner of buildings and general services shall apply to the Village of Old Bennington zoning board for all necessary permits to illuminate the Bennington Battle Monument. Fourth: By inserting a new section to be numbered Sec. 52a to read as follows: Sec. 52a. SHAFTSBURY ELEMENTARY SCHOOL; CONSTRUCTION AID AUTHORIZED Notwithstanding any other provisions of law, including, but not limited to, 16 V.S.A. § 3448(a)(5), requiring voter approval of the total estimated cost of the project as a precondition to receipt of school construction aid, the Shaftsbury School District may receive 25 percent construction aid for the

353 JOURNAL OF THE SENATE state’s total share of costs in connection with the Shaftsbury Elementary School boiler project, which state share shall not exceed $16,000.00, if such costs are otherwise deemed eligible by the commissioner of education under state board rules. This school project shall be placed in order of priority for receipt of construction aid after the final school districts on the list of school districts submitted by the state board of education in January 2002. Fifth: by striking out Sec. 58 in its entirety. 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, and pending the question, Shall the proposals of amendment of the Committee on Institutions be amended as recommended by the Committee on Appropriations?, Senator Illuzzi raised a point of order on the grounds that the third and fifth recommendations of amendment of the Committee on Appropriations did not affect only the appropriation in the proposals of amendment recommended by the Committee on Institutions and that therefore the third and fifth recommendations of amendment of the Committee on Appropriations should be stricken from its report. The President pro tempore sustained the point of order with respect to the third recommendation of amendment of the Committee on Appropriations but overruled the point of order with respect to the fifth recommendation of amendment of the Committee on Appropriations. Thereupon, the first, second, fourth and fifth recommendations of amendment of the Committee on Appropriations were collectively agreed to. Thereupon, Senator Sears moved that the proposal of amendment recommended by the Committee on Institutions be amended as follows: Third: By striking out Sec. 49 in its entirety and inserting in lieu thereof a new Sec. 49 to read: Sec. 49. BENNINGTON BATTLE MONUMENT; ILLUMINATION The commissioner of buildings and general services shall apply to the Village of Old Bennington zoning board for all necessary permits to illuminate the Bennington Battle Monument. Which was agreed to on a roll call, Yeas 17, Nays 10. Senator Cummings having demanded the yeas and nays, they were taken and are as follows: MONDAY, MAY 6, 2002 354 Roll Call Those Senators who voted in the affirmative were: Ankeney, Bartlett, Campbell, Chard, Condos, Crowley, Cummings, Gossens, Ide, Kittell, Leddy, Lyons, McCormack, Munt, Sears, Snelling, Welch. Those Senators who voted in the negative were: Bahre, Bloomer, Corrow, Costes, Greenwood, Illuzzi, Maynard, Mazza, Morrissey, Scott. Those Senators absent or not voting were: Canns, Doyle, Shumlin (presiding). Thereupon, the question, Shall the Senate propose to the House that the bill be amended as recommended by the Committee on Institutions, as amended?, was agreed to and third reading was ordered. Proposals of Amendment; Third Reading Ordered H. 767. Senator Welch, for the Committee on Finance, to which was referred House bill entitled: An act relating to executive branch fees. Reported recommending that the Senate propose to the House to amend the bill as follows: First: By adding a new Sec. 2b to read as follows: Sec. 2b. 21 V.S.A. § 252(d) is amended to read: (d) The commissioner shall make all practical efforts to process permits in a prompt manner. The commissioner shall establish time limits for permit processing as well as procedures and time periods within which to notify applicants whether an application is complete. After the approval of the construction plan by the commissioner, the costs of alterations to the structure, due to any modification to the construction plan to accomplish the purposes of this subchapter, shall be reimbursed to the applicant. The reimbursement by the commissioner shall not exceed the fee amount paid by the applicant pursuant to subsection (c) of this section. The commissioner shall report annually by February 15 to the house and senate committees on general affairs and government operations. The annual report shall assess the agency's performance in meeting the limits; identify areas which hinder effective agency performance; list fees collected for each permit; summarize changes made by the agency to improve performance; describe staffing needs for the coming year; and certify that the revenue from the fees collected is at least equal to the costs associated with those positions.

355 JOURNAL OF THE SENATE Second: In Sec. 11, 7 V.S.A. §231, in subdivision (4) by striking out “$100.00” and inserting in lieu thereof $135.00, in subdivision (5), by striking out “$50.00” and inserting in lieu thereof $60.00, and in subdivision (9) by striking out “$100.00” and inserting in lieu thereof $135.00 Third: In Sec. 25, 26 V.S.A. §1577(3), by striking out “$85.00” and inserting in lieu thereof $80.00 Fourth: By adding new Secs. 36a and 36b to read as follows: Sec. 36a. 6 V.S.A. § 366(b) is amended to read: (b) Persons distributing fertilizer shall report annually by July 31 January 15 for the previous year ending June 30 December 31 to the commissioner revealing the amounts of each grade of fertilizer and the form in which the fertilizer was distributed within this state. Each report shall be accompanied with payment and written permission allowing the commissioner to examine the person's books for the purpose of verifying tonnage reports. Sec. 36b. 6 V.S.A. § 648(c) is amended to read: (c) For those seeds sold in containers of more than ten pounds, a report shall be filed semi-annually on August 1 and February 1 annually on January 15 on forms supplied by the commissioner regarding sales during the previous calendar year, and fees based on the 35 cent per hundredweight rate shall accompany the report. Reporting periods are January 1-June 30 and July 1- December 31. Fifth: By adding a new Sec. 40a. to read as follows: Sec. 40a. 9 V.S.A. § 2643(d) is added to read: (d) No store shall operate a laser scanning or other computer - assisted check-out system for commercial use without first obtaining a license from the commissioner. Licenses shall be in accordance with the requirements of subsections 2730(b)–(d) of this title. Sixth: In Sec. 43, 9 V.S.A. §2730(f), in subdivision (1) by striking out “$14.00” and inserting in lieu thereof $15.00, and by adding a new subdivision (12) to read as follows: (12) Laser scanner: $10.00 Seventh: By adding a new Sec. 43a. to read as follows: Sec. 43a. 9 V.S.A. §2730(g)(1) is amended to read: (1) Any person who operates a commercial scale or a laser scanning device or other computer-assisted check out system for commercial use in a facility having less than 2,000 square feet of floor space dedicated to the sale MONDAY, MAY 6, 2002 356 of consumer commodities shall be exempt from the license fee provisions of subdivision subdivisions (f)(3) and (12) of this section. Eighth: In Sec. 53 by striking out “$0.08” and inserting in lieu thereof $0.01 and by striking out “$0.06” and inserting in lieu thereof one-half of one cent Ninth: By adding a new Sec. 58a to read as follows: Sec. 58a. 10 V.S.A. § 4259 is amended to read: § 4259. VERMONT RESIDENTS; ARMED FORCES Any resident of the state of Vermont who is serving in the armed forces of the United States or is performing or under orders to perform any homeland defense or state-side contingency operation, or both, for a period of 120 consecutive days or more, as certified by the Adjutant General for the Vermont National Guard is eligible to obtain at no cost a hunting or fishing license or a combination hunting and fishing license. This provision will apply only during the period he or she is serving in the armed forces of the United States , or as certified pursuant to this section. Tenth: By adding a new Sec. 62 to read as follows: Sec. 62. Sec. 277 of No. 62 of the Acts of 1999 is amended to read: Sec. 277. EFFECTIVE DATES * * * (c) Sec. 272 shall be effective on passage, and the provisions in Sec. 272 providing a property transfer tax exemption shall be repealed on July 1, 2002 July 1, 2006. Eleventh: By adding a new Sec. 63 to read as follows: Sec. 63. 32 V.S.A. § 9602(1) is amended to read: (1) with respect to the transfer of property to be used for the principal residence of the transferee the tax shall be imposed at the rate of five-tenths of one percent of the first $100,000.00 in value of the property transferred and at the rate of one and one quarter percent of the value of the property transferred in excess of $100,000.00, provided that no tax shall be imposed on the first $100,000.00 $110,000.00 in value of the property if the purchaser obtains a purchase money mortgage that the Vermont housing finance agency has committed to make or purchase; And that the bill ought to pass in concurrence with such proposals of amendment.

357 JOURNAL OF THE SENATE Thereupon, the bill was read the second time by title only pursuant to Rule 43, and pending the question, Shall the Senate propose to the House to amend the bill as recommended by the Committee on Finance?, Senator Welch requested and was granted leave to withdraw the fifth, sixth, seventh and eighth proposals of amendment recommended by the Committee on Finance. Thereupon, Senator Bahre, on behalf of the Committee on Finance, moved to substitute an amendment for the first proposal of amendment, as follows: First: By adding a new Sec. 2b to read: Sec. 2b. 21 V.S.A. § 252(h) and (i) are added to read: (h) The department approves stamped architectural plans by issuing a plan review letter. If upon final inspection the department requires structural changes or additional life safety, or accessibility modifications that are not identified in the plan review letter and not the result of design or construction changes by the owner, the owner or architect may: (1) apply for a variance or exemption as provided in subsection (e) of this section, or sections 252a or 273 of this Title; and (2) if the variance or exemption request is denied, apply to the commissioner for a refund of some or all of the plan review fee paid for the project. (i) The decisions of the commissioner, pursuant to subsection (h) of this section, shall be final. The commissioner shall adopt rules to carry out the provisions of subsection (h) of this section. Subsection (h) of this section shall not apply to design or construction changes necessary to comply with an alternative method of life safety code or accessibility compliance requested by the owner after the plan review. Which was agreed to. Thereupon, at the request of Senator Morrissey, the proposals of amendment recommended by the Committee on Finance, as amended, were considered separately. Thereupon, the first proposal of amendment, as substituted, was agreed to. Thereupon, the second proposal of amendment of the Committee on Finance was agreed to on a roll call, Yeas 15, Nays 13. Senator Morrissey having demanded the yeas and nays, they were taken and are as follows: Roll Call MONDAY, MAY 6, 2002 358 Those Senators who voted in the affirmative were: Ankeney, Bahre, Bartlett, Chard, Condos, Crowley, Cummings, Gossens, Kittell, Lyons, Mazza, McCormack, Munt, Snelling, Welch. Those Senators who voted in the negative were: Bloomer, Campbell, Corrow, Costes, Doyle, Greenwood, Ide, Illuzzi, Leddy, Maynard, Morrissey, Scott, Sears. Those Senators absent or not voting were: Canns, Shumlin (presiding). Thereupon, Senator Bloomer moved that the third proposal of amendment recommended by the Committee on Finance be amended by striking out the figure “$80.00” and inserting in lieu thereof the figure $60.00, which was agreed to on a roll call, Yeas 15, Nays 12. Senator Morrissey 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, Campbell, Condos, Costes, Doyle, Greenwood, Ide, Illuzzi, Leddy, Maynard, Mazza, Morrissey, Scott, Snelling. Those Senators who voted in the negative were: Ankeney, Bartlett, Chard, Crowley, Cummings, Gossens, Kittell, Lyons, McCormack, Munt, Sears, Welch. Those Senators absent or not voting were: Canns, Corrow, Shumlin (presiding). Thereupon, the ninth, tenth and eleventh proposals of amendment recommended by the Committee on Finance were severally agreed to. Thereupon, the question, Shall the bill be read the third time?, was decided in the affirmative. Rules Suspended; Bills Messaged On motion of Senator Mazza, the rules were suspended and the following bills were ordered messaged to the House forthwith: H. 208; H. 681. Adjournment On motion of Senator Mazza, the Senate adjourned until ten o’clock and thirty minutes in the morning.