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NO. 29. AN ACT RELATING TO CAPITAL APPROPRIATIONS AND STATE BONDING.

(H.533)

It is hereby enacted by the General Assembly of the State of Vermont:

PART ONE

ACTIVITIES FINANCED FROM THE GENERAL FUND

Sec. 1. CAPITAL PROJECTS; AUTHORIZATION

(a) The following capital projects are authorized to be undertaken with funds appropriated to the department of buildings and general services by the omnibus appropriations act for fiscal year 2000:

(1) A new medium security correctional facility, 350 beds, planning, design, site acquisition and construction.

(2) In Springfield, a community center or civic improvement project of similar size and magnitude as defined by the citizens of Springfield after a public input process, contingent on state approval of the project.

(3) In Springfield, community economic development improvements to the Jones and Lamson Plant One site, provided acceptable agreements can be made with the site owner; otherwise, state funds for the project shall be set aside and used, subject to approval by the agency of commerce and community development, for other economic development projects within the Town of Springfield, such as a project at the new industrial development site.

(b) None of the capital projects authorized by subsection (a) of this section shall commence until after voters of the Town of Springfield have authorized a state correctional facility to be located in the Town of Springfield. In addition, neither of the two capital projects authorized by subdivisions (2) and (3) of subsection (a) of this section shall commence until all permits have been obtained for a state correctional facility located in the Town of Springfield and the construction of such facility has begun.

Sec. 2. LEGISLATIVE INTENT; NEW CORRECTIONAL FACILITY

It is the intent of the general assembly:

(1) to appropriate during the second half of the 1999-2000 legislative session approximately $6,000,000 for the new 350-bed correctional facility authorized by Sec. 1 of this act, as an addition to the appropriation authorized for this purpose by the omnibus appropriations act for fiscal year 2000; and

(2) to finance the additional appropriation from proceeds of bonding authorized during the second half of the 1999-2000 legislative session.

PART TWO

ACTIVITIES FINANCED FROM BOND PROCEEDS

* * * Appropriation; New Correctional Facility * * *

Sec. 3. CORRECTIONAL FACILITY

The sum of $1,560,698 is appropriated to the department of buildings and general services for the new 350-bed correctional facility authorized by Sec. 1 of this act, as an addition to the appropriation for this purpose by the omnibus appropriations act for fiscal year 2000.

(Total Appropriation - Section 3 $1,560,698)

* * * Appropriations; Other Activities * * *

Sec. 4. STATE BUILDINGS

The sum of $5,170,000 is appropriated to the department of buildings and general services for:

(a) Activities in the Capitol Complex:

(1) State House, reupholstering of Senate Chamber

chairs and improvements to Senate Chamber sound system, plus

period furniture restorations for one Senate committee room: 100,000.

(2) Barrett property at 144 State Street, purchase: 475,000.

(b) Activities at various locations:

(1) Barre, McFarland House, design of renovations: 300,000.

(2) Newport, state office building, public exhibit

installation displaying local and on-site Native American

prehistoric artifacts, and depicting the history of such peoples

in the Northeast region of the state; the display cases required

for this project shall be provided by Vermont Correctional

Industries at no cost to the department of buildings and general

services or to any other party for labor, materials or any other

goods or services: 5,000.

(3) Springfield, state office building, construction, fit-up,

supplement: 150,000.

(4) Pittsford, Fire Service Training Council, to assist with

portable burn building purchase, and with gas facility and railroad

construction: 300,000.

(c) Civil War records, public records, preserve: 85,000.

(d) Springfield, Massachusetts, Eastern States Exposition

Building, repairs: 35,000.

(e) Statewide activities:

(1) Architectural barrier removal: 500,000.

(2) Contingency fund: 400,000.

(3) Indoor air quality improvements: 25,000.

(4) Major maintenance: 2,600,000.

(5) Planning: 35,000.

(f) Dry hydrant grants to municipalities, pursuant to

subsection (h) of this section: 100,000.

(g) To assist with the emergency demolition of Building #1

on the Swett-Comings Company property in Richford in order

to protect the village water system, which is hereby authorized;

site control or ownership of the building shall be transferred to

an organization approved by the commissioner of economic

development before any part of this appropriation may be spent: 60,000.

(h) Grants funded by the appropriation of subsection (f) of this section shall be awarded by the Vermont Rural Fire Protection Task Force to municipalities to install dry hydrants adjacent to streams, lakes, ponds and rivers where fire departments can quickly refill pumpers without having to deal with ice and debris. Awards shall be evenly distributed to eligible applicants in the 14 counties, with the maximum awarded for each individual installation not to exceed $1,000 and with evidence presented that $0.25 has been raised from nonstate sources, including in-kind services, for each dollar awarded. An award may be advanced to an eligible applicant for the purpose of purchasing materials for a project prior to the completion of the project. The department of buildings and general services shall release to the Vermont Rural Fire Protection Task Force in one lump sum the entire amount appropriated by subsection (f) of this section.

(i) Senate Chamber improvements. The commissioner of buildings and general services shall:

(1) Solicit from one or more carpet manufacturers at no expense to the legislature one or more samples of a replacement floor carpet for the Senate Chamber, which may be patterned after the authentic c.1859 carpet.

(2) Install an enhanced sound system for use in the Senate Chamber, which shall include black clip remote, wireless microphones that do not require any physical alteration to the desks and other furnishings, and which may be removed. Such work shall be competitively bid.

(j) The legislative council and the commissioner of buildings and general services shall conduct a study to determine the availability and feasibility of providing space in a state-owned or leased building in the Capitol Complex for any bona fide member of the broadcast news media interested in an office presence in Montpelier. The commissioner shall by January 15, 2000 report study findings and recommendations to the house and senate committees on institutions. The study shall:

(1) inventory the needs of members of all the broadcast news media interested in space in Montpelier;

(2) determine locations in state-owned or leased buildings that would be suitable for use by one or more members of the broadcast news media, and an appropriate rent therefor; and

(3) determine the feasibility of using fiber optic cable to transmit a broadcast signal to their respective news operation centers.

(k) ADA telephone access. By July 1, 1999, the commissioner of buildings and general services shall, using funds appropriated by subdivision (e)(1) of this section, install additional telephones and telephone lines for the exclusive use by patients of the Vermont state hospital to ensure that patients in each hospital ward have at least three incoming and three outgoing telephone lines that are independent of the hospital switchboard. Telephone access is provided for the purpose of discharge planning, community reintegration, maintenance of family and community supports, furthering a patient's recovery and achieving the outcomes of treatment objectives.

(l) By September 1, 1999, the director of the mental health division of the department of developmental and mental health services shall ensure that Vermont state hospital patients who are hospitalized at facilities other than the Vermont state hospital shall be provided reasonable use of a telephone with privacy.

(m) The commissioner of buildings and general services may spend up to $15,000 from the contingency fund appropriation of subsection (e)(2) of this section, or from any other appropriation to the department of buildings and general services by any previous capital construction act, for the purpose of bringing a state-licensed parent-child center into compliance with current accessibility codes.

(n) The commissioner of buildings and general services shall study the feasibility of making space within state-owned buildings in Montpelier available for on-site child care for state employees, and shall report study findings and conclusions by January 15, 2000 to the house and senate committees on institutions. Legislative council staff shall assist in the study of child care needs within the capitol complex.

(o) The commissioner of buildings and general services shall install a plaque honoring the memory of the late Representative Gerald P. Krasnow of Charlotte, at the Mount Philo State Park in Charlotte. The plaque design, selection of a location for it in the park, and its installation, including any installation ceremony, shall be undertaken by the commissioner of buildings and general services jointly with the commissioner of forests, parks and recreation and in consultation with members of Representative Krasnow's immediate family.

(Total Appropriation - Section 4 $5,170,000)

Sec. 5. INFORMATION TECHNOLOGY; EXECUTIVE BRANCH

The sum of $1,500,000 is appropriated to the agency of administration for initial capitalization of the financial management system development fund created by Sec. 58 of Act No. 66 of the Acts of 1997 (Adjourned Session).

(Total Appropriation - Section 5 $1,500,000)

Sec. 6. HUMAN SERVICES

(a) The sum of $1,130,000 is appropriated to the department of buildings and general services for the agency of human services for correctional facilities:

(1) Newport, Northern State Correctional Facility, fit-up,

except that none of this appropriation shall be used for fit-up for

any space or operations of Vermont Correctional Industries: 380,000.

(2) Waterbury, women's correctional facility: 300,000.

(3) Various facilities:

(A) Health and sanitation improvements: 100,000.

(B) Security improvements: 100,000.

(C) Sprinkler systems, installations, improvements: 250,000.

(b) The following sum is appropriated to the department of

buildings and general services for the agency of human services

for the Thayer School state office building, 1193 North Avenue,

Burlington, planning and design, construction, and security

improvements: 50,000.

(Total Appropriation - Section 6 $1,180,000)

Sec. 7. JUDICIARY

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

(a) Grand Isle, County Courthouse and Sheriff's

Department, security, access and disability access

improvements, on the condition that the Grand Isle assistant

judges order that all vehicles stand or park in the side and rear

of the building; that parking be prohibited in the front of the

Sheriff's Department and courthouse: 200,000.

(b) Guildhall, so-called "Ag Building" and the Guildhall

courthouse, renovations and fit-up for sheriff's department: 550,000.

(c) Rutland, Rutland family court, including co-location of

Rutland probation and parole office, planning and design,

supplement; final design and construction plans shall include

space to accommodate the Rutland County Sheriff's

Department, with a separate entrance, which space may be

occupied by the department pursuant to lease terms, including

payment as determined by the commissioner of buildings and

general services: 200,000.

(d) St. Johnsbury, Caledonia County courthouse,

construction; $25,000 of the total appropriation shall be used

for fit-up of the Caledonia County state's attorney's office: 3,900,000.

(Total Appropriation - Section 7 $4,850,000)

Sec. 8. COMMERCE AND COMMUNITY DEVELOPMENT

(a) The sum of $665,200 is appropriated to the department of buildings and general services for the agency of commerce and community development for:

(1) Plymouth Notch, Calvin Coolidge estate:

(A) Complete cheese factory, except for equipment: 200,000.

(B) Complete Wilder Barn repairs: 45,000.

(C) Wilder Barn addition and restrooms: 64,000.

(D) General store and Coolidge birthplace, roof repairs: 29,000.

(E) Schoolhouse architectural barrier removal and

restrooms: 16,000.

(F) General repairs and restorations: 72,200.

(2) Other historic sites, renovations:

(A) Burlington, Green Mount Cemetery, Ethan Allen

Monument; renovations and lighting of the monument: 60,000.

(B) Lake Champlain Underwater Historic Preserve,

interpretive installations and opening of new shipwreck site: 10,000.

(C) Westminster, Bradley Law Office: 35,000.

(D) Wolcott, Fisher Bridge: 50,000.

(3) Historic sites, major maintenance, statewide: 84,000.

(b) Sums are appropriated to the agency of commerce and community development for state grants, to be made available on a one-for-one matching basis with funds raised from nonstate sources, in the following amounts. The grants shall be geographically distributed. In awarding a grant, priority consideration shall be given to applicants who demonstrate greater financial need:

(1) Historic Preservation Grant Program, for

municipalities and nonprofit tax exempt organizations, for

restoring buildings and structures: 100,000.

(2) Historic Agricultural Buildings Grant Program, for

owners of historic agricultural buildings, for restoration of such

structures. If a grantee sells the property: (i) within one year of

the grant award, 100 percent of the grant shall be repaid to the

state; or (ii) between one and five years after the grant is

awarded, the amount to be repaid shall be reduced by 20

percent per year: 50,000.

(c) The following sum is appropriated to the department

of buildings and general services for use with the Civil War

monument to members of the Vermont company of 1st

Regiment U.S. Sharpshooters, Gettysburg, Pennsylvania,

for repairs: 12,000.

(d) The agency of commerce and community development,

division of historic preservation is directed to work with Southern

Vermont College to seek grants for restoration of the

former Everett mansion.

(Total Appropriation - Section 8 $827,200)

Sec. 9. VERMONT HISTORIC SOCIETY

The sums of $50,000 is appropriated to the Vermont Historical Society, for grants to municipalities and nonprofit tax exempt organizations, to be made available on a one-for-one matching basis with funds raised from nonstate sources, for capital improvements to cultural facilities, including performing arts facilities, museums, historical society buildings and art galleries. The grants shall be geographically distributed. In awarding a grant, priority consideration shall be given to applicants who demonstrate greater financial need.

(Total Appropriation - Section 9 $50,000)

Sec. 10. EDUCATION

(a) Sums are appropriated to the department of education in the following amounts:

(1) State assistance to communities and school districts

with school construction pursuant to provisions of Title 16: 6,324,513.

(2) State assistance to regional technical education centers

and comprehensive high schools, pursuant to provisions of Title

16, 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: 200,000.

(3) Brattleboro, Austine School for the Deaf and Hard-

of-Hearing, building improvements: 75,000.

(4) Chittenden County Technical High School,

combining the Essex and Burlington Technical Education

Centers:

(A) The following sum is appropriated to the

department of education for use by the Chittenden County

Workforce Investment Board (CCWIB) and the Lake

Champlain Regional Chamber of Commerce in its discretion

to study and report the feasibility of a stand-alone

comprehensive technical high school to serve the Chittenden

County area.

(B) The CCWIB study shall consist of:

(i) an analysis of the benefits of a new site and

reconfiguration of existing buildings and programs, as well as

other options developed in the course of the study; and

(ii) an analysis of the advantages and disadvantages

of combining the governance of the now independent Burlington

and Essex technical centers; and

(iii) a description of the programs and services to be

offered, anticipated number of students and estimated tuition.

(C) The CCWIB shall present the report to the house

and senate committees on education and institutions by

January 15, 2000.

(D) The CCWIB shall consult with the president of the

Vermont Technical College or a designee on the study: 35,000.

(5) North Country Career Center (NCCC). The

following sum is appropriated to the department of education

for use by the NCCC Board of Directors in its discretion to plan

an addition to, or the renovation or the new construction of a

center. The NCCC shall use the appropriation to complete the

governance analysis, facility analysis, educational specifications,

site evaluation and development of schematic drawings to a

level sufficient to obtain detailed cost estimates. The NCCC

shall use $12,500 of the appropriation to retain the services of a

qualified individual, other than an architect, to assist with

research and planning, including the development of financial

models to analyze the costs and benefits to the state of the

capital investment in the project. The president of Vermont

Technical College or a designee shall serve as an ex officio

member of the NCCC Board of Directors and provide advice

and support in the conduct of the project. The NCCC shall

present a proposed plan for organization and preliminary

drawings to the house and senate committees on education and

institutions by January 15, 2000: 99,500.

(6) Study needs throughout the state for vocational technical

centers pursuant to subsection (b) of this section: 7,500.

(b) On or before January 15, 2000, the commissioner of education shall report to the house and senate committees on education and institutions on the study authorized by subdivision (a)(6) of this section. The report shall list in priority order the technical center facilities which are likely in the next five to ten years to require new construction or significant additions or alterations. In establishing priorities, the commissioner shall consider the condition of the existing building and need for expanded facilities, as well as the proposed governance structure, program offerings, access by sending schools, public support and projected capital and operating costs. A technical center which desires to be included in the study shall notify the commissioner no later than July 1, 1999.

(c) The state board of education shall award grants for the following purposes for the Albert Bridge School, West Windsor School District, subject to local voter approval:

(1) 30 percent of a total cost of up to $50,000 for emergency school roof repairs;

(2) 30 percent of the share of a total of up to $18,000 which is associated with school use of a municipal well, for use in developing a new water system; and

(3) 30 percent of a total cost of up to $20,000 for improvements to a septic system serving the school.

The state board of education shall, when awarding the grants provided for by this subsection, apply provisions of law on state financial aid with school construction in effect prior to March 15, 1996.

(Total Appropriation - Section 10 $6,741,513)

Sec. 11. UNIVERSITY OF VERMONT

The following sums are appropriated to the department of buildings and general services for the University of Vermont for:

(a) Perkins Geology Building, for renovations: 1,450,000.

(b) Centennial Field baseball facility. This sum shall be

combined with $124,702 in income to the university from lease

of the field, and shall be used for stadium roof repairs,

installation of a new water line and stadium sprinkler system,

roadway paving, and improvements to the outfield. This

appropriation shall be subject to the conditions regarding lease

of the field for use by a single A professional baseball team as

provided by Sec. 7(a)(3) of Act No. 233 of the Acts of 1993

(Adjourned Session) as amended by Sec. 33 of this act: 175,298.

(Total Appropriation - Section 11 $1,625,298)

Sec. 12. VERMONT STATE COLLEGES

The sum of $3,200,000 is appropriated to the department of buildings and general services for the Vermont State Colleges to construct an addition to Morrill Hall at Vermont Technical College, in Randolph.

(Total Appropriation - Section 12 $3,200,000)

Sec. 13. NATURAL RESOURCES

(a) The sum of $420,000 is appropriated to the agency of natural resources for:

(1) Dam maintenance, various locations: 155,000

(2) The department of fish and wildlife; Bald Hill Fish

Culture Station in Newark, improvements: 265,000.

(b) Sums are appropriated to the agency of natural resources for state assistance to municipalities as authorized by chapter 55 of Title 10 and chapter 120 of Title 24 in the following amounts:

(1) Water supply; for potable water supply facilities

construction: 2,353,081.

(2) Pollution control; for water pollution control and

combined sewer overflow facility construction; of the total

amount appropriated, $100,000 shall be used to assist the Town

of Shoreham with pollution control facility construction: 6,476,330.

(c) The following sum is appropriated to the agency of

natural resources for use by the Green Mountain Club, Inc. for

procurement, in fee simple or by permanent easement,

conservation easement or protective easement, of strategic

properties along the 265 miles of the Long Trail, subject to the

conditions of subsection (d) of this section: 350,000.

(d) The Green Mountain Club, Inc. shall whenever appropriate apply for funding from the Vermont housing and conservation trust fund, and shall support the efforts of individual landowners to seek funding from the U.S. Forest Service Legacy Program, for each proposed purchase of development rights and real estate in fee simple to match private funds and money appropriated by subsection (c) of this section. Negotiations and agreements shall be made on a willing seller-willing buyer basis. None of the appropriation of subsection (c) of this section shall be used to support the acquisition of land by eminent domain. Any easements acquired shall be recorded in a deed from the landowner to the state of Vermont and may not be changed without agreement by both parties.

(e) The commissioner of the department of fish and wildlife is authorized to contract with the Vermont Association of Snow Travelers or any other party to assist with the enforcement of snowmobile laws.

(Total Appropriation - Section 13 $9,599,411)

Sec. 14. MILITARY; EMERGENCY OPERATION CENTERS

(a) The sum of $107,056 is appropriated to the military department for boiler and roof replacements at military facilities statewide.

(b) The adjutant general shall inventory state-owned armories designated by local, regional or state emergency operations plans as emergency centers or shelters, to determine the size of emergency power generators needed to operate each facility in an emergency mode for the designated purpose and to estimate the cost of such power generators and of associated wiring of the facilities concerned. The adjutant general shall by January 15, 2000 report resulting findings and recommendations to the senate and house committees on institutions.

(Total Appropriation - Section 14 $107,056)

Sec. 15. VERMONT VETERANS' HOME

The sum of $59,000 is appropriated to the department of buildings and general services for the Vermont Veterans' Home in Bennington for fire alarm and sprinkler improvements, and energy efficient lighting.

(Total Appropriation - Section 15 $59,000)

Sec. 16. PUBLIC SAFETY

The sum of $725,000 is appropriated to the department of buildings and general services for the department of public safety for:

(a) Buildings renovations, construction and consolidation to accommodate E-911 dispatching:

(1) Derby-Newport area, phase I, purchase property and

improvements thereto, pursuant to subsection (d) of this section: 300,000.

(2) Rockingham: 175,000.

(3) Rutland: 100,000.

(b) St. Johnsbury, state police facility, security, access, and

heating, ventilation and air conditioning improvements: 100,000.

(c) Use by the emergency management division of the

department to assist with the construction of a transmitter on

Burke Mountain to extend the emergency alert system operated

in conjunction with Vermont Public Radio: 50,000.

(d) Notwithstanding any provision of law to the contrary, the commissioner of buildings and general services shall purchase or lease sufficient space for use as an office for the Vermont state police in the Derby or Newport area to accommodate current operations, as well as to accommodate the regional Public Safety Answering Point.

(Total Appropriation - Section 16 $725,000)

Sec. 17. AGRICULTURE

The sum of $750,000 is appropriated to the department of agriculture, food and markets for grants under provisions of subchapter 2 of chapter 215 of Title 6, to abate agricultural nonpoint source waste discharges into the waters of the state of Vermont.

(Total Appropriation - Section 17 $750,000)

Sec. 18. VERMONT PUBLIC TELEVISION

The sum of $250,000 is appropriated to the department of buildings and general services for Vermont Public Television to continue the conversion to a statewide digital broadcast system.

(Total Appropriation - Section 18 $250,000)

Sec. 19. MUNICIPAL AND NONPROFIT ORGANIZATIONS;

FUNDRAISING AND LOCAL MATCH GRANTS

The following sums are appropriated to the department of buildings and general services for projects undertaken by municipalities or nonprofit organizations; the general assembly intends such amounts to constitute one-time appropriations for the individual projects concerned:

(a) Libraries projects:

(1) No local funding match shall be required:

(A) Albany; with painting provided by through the

Vermont Offender Work Program: 10,000.

(B) Barre; Aldrich Library: 40,000.

(C) Clarendon: 30,000.

(D) Huntington: 20,000.

(E) Johnson: 7,500.

(F) Lincoln: 39,900.

(G) Montpelier: 20,000.

(H) Northfield: 7,500.

(I) Pittsford: 50,000.

(2) Each sum appropriated by this subdivision shall be made available when evidence is presented to the commissioner that one dollar has been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated:

(A) Hartland: 30,000.

(B) St. Albans: 45,000.

(C) Tunbridge; Town Library; assist with its relocation

and upgrading: 30,000.

(b) Other types of projects:

(1) No local funding match shall be required:

(A) Barre; Granite Center and Heritage Museum: 100,000.

(B) Bennington; Bennington Museum: 50,000.

(C) Brattleboro; assist Town of Brattleboro with

purchase and redevelopment of Rite-Aid property on Main

Street, and adjacent waterfront area along the Connecticut

River, on the following conditions:

(i) the Town of Brattleboro shall repay the sum

appropriated to the state if the town sells to any other entity the

land used to develop the project, or if the town leases such land

to such an entity by use of a renewable or a nonrenewable lease

which provides for a lease term of a total of ten or more years;

for which purpose the town shall issue the department of

buildings and general services a mortgage in such amount,

payable if this condition is met; and

(ii) when the park is dedicated, it shall be known as

the Robert H. Gibson Park and so commemorated with an

appropriate plaque: 150,000.

(D) Brownington: Orleans County Historical Society;

assist with purchase of the Alexander Twilight House: 25,000.

(E) Colchester; Colchester Historical Society; assist

with the restoration of the former parsonage: 50,100.

(F) Eden; Eden Historical Society: 15,000.

(G) Ferrisburgh; Rokeby Museum; assist with planning

new building to help interpret the Vermont underground railroad: 25,000.

(H) Hardwick Historical Society, railroad depot: 20,000.

(I) Montpelier; path between State House and

Hubbard Park Tower, over state-owned land; the commissioner

of buildings and general services shall release to the City of

Montpelier the funds hereby appropriated when the Montpelier

city council informs the commissioner in writing that the city

council and the Montpelier park commission have agreed in

writing on a design for the path, a protocol for path maintenance

and a schedule for path construction; the Vermont Youth

Conservation Corps shall be given the opportunity to assist with

path construction; the commissioner may reimburse the city from

this appropriation for the cost of path design and planning: 7,500.

(J) Swanton; for use in construction of a Native

American Tribal Museum and Cultural Center; of this total

amount, $4,980 shall be funded with the reallocation authorized

by Sec. 20(d) of this act: 25,000.

(K) West Rutland Fire District; to assist with the

purchase of two properties adjacent to the existing fire station: 20,000.

(2) Each sum appropriated by this subdivision shall be made available when evidence is presented to the commissioner that one dollar has been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated:

(A) Bellows Falls; Opera House: 20,000.

(B) Burlington; Champlain Multi-Generational Center: 40,000.

(C) Danville, Danville Historical Society: 60,000.

(D) Island Pond; Youth Center: 5,000.

(E) Rockingham; Meeting House: 20,000.

(F) St. Albans; Historical Museum: 30,000.

(c) Burlington; Flynn Theatre; assist with renovations of

buildings at 147 and 145 Main Street. This appropriation shall

be made available when evidence is presented to the

commissioner that each dollar of this appropriation has been

matched with two dollars from nonstate sources: 75,000.

(d) Rutland; Paramount Theatre; assist with improvements.

This appropriation shall be made available when evidence is

presented to the commissioner that each dollar of this

appropriation has been matched with two dollars from nonstate

sources: 75,000.

(Total Appropriation - Section 19 $1,142,500)

PART THREE. FINANCING THIS ACT

Sec. 20. REALLOCATION OF FUNDS

(a) The following sums are reallocated to the department of buildings and general services to defray expenditures authorized by the appropriations of this act:

(1) $2,604 appropriated in Sec. 13(a)(3)(B) of Act No. 62 of the Acts of 1995 (Grand Isle wastewater disposal).

(2) $500 appropriated in Sec. 10(a)(3)(F) of Act No. 185 of the Acts of 1995 (Adjourned Session) (Taylor Pond sign).

(3) $3,525 appropriated in Sec. 18a of Act No. 185 of the Acts of 1995 (Adjourned Session) (Snake Mountain).

(4) $4,116 appropriated in Sec. 2(c) of Act No. 185 of the Acts of 1995 (Adjourned Session) (joint fiscal committee, GOVnet consultant).

(5) $9,942 appropriated in Sec. 18e of Act No. 185 of the Acts of 1995 (Adjourned Session) (Gillbrook Dam).

(6) $10,788 appropriated in Sec. 4(b)(2) of Act No. 52 of the Acts of 1989 (Indian cemetery).

(7) $13 appropriated in Sec. 4(b)(1) of Act No. 93 of the Acts of 1991 (restoring historic buildings program).

(8) $9,171 appropriated in Sec. 4(b) of Act No. 59 of the Acts of 1993 (restoring historic buildings program).

(9) $17,181 appropriated in Sec. 4(c) of Act No. 59 of the Acts of 1993 (historic agricultural buildings program).

(10) $24,454 appropriated in Sec. 16(a)(1) of Act No. 233 of the Acts of 1993 (Adjourned Session) (Historic Preservation Grants).

(11) $7,781 appropriated in Sec. 4(c) of Act No. 93 of the Acts of 1991 (Indian cemetery).

(12) $1,259 appropriated in Sec. 18(a)(3)(A) of Act No. 62 of the Acts of 1997 (Camp Plymouth Playground).

(13) $25,306 appropriated in Sec. 10(a)(1)(B) of Act No. 185 of the Acts of 1995 (Adjourned Session) (Dufresne and Loves March dams).

(b) The sum of $200,000 in receipts from the sale of state-owned property in Duxbury authorized by Act No. 102 of the Acts of 1995 (Adjourned Session), is reallocated to the department of buildings and general services to defray the expenditures authorized by this act.

(c) The following sums are reallocated to the military department to defray expenditures authorized by the appropriation of Sec. 14 of this act:

(1) $2,258 appropriated in Sec. 11(3) of Act No. 185 of the Acts of 1995 (Adjourned Session) (armories, handicapped accessibility).

(2) $13,798 appropriated in Sec. 19(a) of Act No. 62 of the Acts of 1997 (Rutland armory boiler).

(d) The sum of $4,980 appropriated in Sec. 12(b) of Act No. 62 of the Acts of 1997 is reallocated to the department of buildings and general services for a Native American Tribal Museum and Cultural Center as authorized by Sec. 19(b)(1)(J) of this act.

(Total Reallocations - Section 20 $337,676)

Sec. 21. GENERAL OBLIGATION BONDS

(a) Subject to subsection (b) of this section, 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.

(b) The state treasurer with the approval of the governor shall determine the appropriate form and maturity of the bonds authorized by this section consistent with the underlying nature of the appropriation to be funded.

(c) The state treasurer is authorized to allocate the estimated cost of bond issuance, or issuances, to the entities to which funds are appropriated by this act 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 Title 32. Any remaining receipts shall not be expended but carried forward to be available for future capital construction acts.

(Total Bonding - Section 21 $39,000,000)

Sec. 22. 32 V.S.A. § 954 is amended to read:

§ 954. PROCEEDS

* * *

(b) The state treasurer is authorized to allocate the estimated cost of bond issuance, or issuances, to the entities to which funds are appropriated by a capital construction act and for which bonding is required as the source of funds.

(c) Notwithstanding any other provisions of law, the state treasurer with the approval of the secretary of administration is hereby authorized to transfer to any authorized projects unspent proceeds derived from the sale of state bonds or notes previously issued for projects heretofore authorized; and the state treasurer is hereby further authorized to issue bonds or notes of the state to replenish such transferred funds for application to the original authorized capital projects. The state treasurer shall by January 15 of each year provide the chairs of the house and senate institutions committees with a report of all such transfers during the preceding fiscal year.

PART FOUR. MANAGING THIS ACT

Sec. 23. MANAGEMENT OF APPROPRIATIONS IN THIS ACT

(a) All appropriations made in this act to the department of buildings and general services shall be managed and expended under chapter 5 of Title 29. 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 such appropriation designated for use by an entity not affiliated with an executive branch agency of state government directly to such an entity.

(b) All projects authorized by the appropriations in this act to the department of buildings and general services may be postponed by the commissioner of buildings and general services if financial or economic conditions are such that the best interests of the state would be served thereby.

Sec. 24. 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 by Sec. 13(a) (natural resources, state facilities) of this act.

(b) Buildings and general services.

(1) The commissioner of buildings and general services may:

(A) Transfer monies between individual projects which are authorized under the same individual appropriations of this act to the department of buildings and general services.

(B) Transfer any unexpended project balances between projects which are authorized by the appropriations to the department of buildings and general services of different sections of this act, with the approval of the secretary of administration, when the unexpended project balance does not exceed $100,000, or with the additional approval of the emergency board when such a balance exceeds $100,000.

(2) The commissioner of buildings and general services may use monies from the contingency fund appropriation of Sec. 4(e)(2) of this act to cover shortfalls for any project authorized in any capital construction act. Any transfer from the contingency fund in excess of $50,000 shall be with the approval of the secretary of administration.

(3) The commissioner of buildings and general services with the approval of the secretary of administration is authorized to transfer during any fiscal year to the department of buildings and general services for use only for major maintenance within the Capitol Complex in Montpelier, excluding the State House, any unexpended balances of funds appropriated in this or any previous capital construction act for any executive or judicial branch project, excluding any appropriations for state grant-in-aid programs, which is completed or substantially completed as determined by the commissioner.

Sec. 25. SPENDING AND BONDING AUTHORIZATION; VERMONT

STATE COLLEGES

In conformity with section 2171(e) of Title 16, the general assembly approves the expenditure by the Vermont State Colleges from its revenues, other than state appropriations, and from its revenues established for the purpose of capital improvements for housing, dining, and general purpose facilities to an aggregate of $1,000,000 for necessary capital improvements. Capital improvements in excess of $25,000 shall be under the supervision of the commissioner of buildings and general services.

Sec. 26. GRANT ACCEPTANCE

(a) Notwithstanding section 5 of Title 32 (acceptance of grants):

(1) The adjutant general of the military department, with the approval of the secretary of administration, may accept federal grants available to assist with the construction of a chapel at the Vermont Veterans' Cemetery in Randolph.

(2) The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants available under federal crime legislation for the construction of correctional facilities authorized by this or previous capital construction acts.

(3) The commissioner of environmental conservation, with the approval of the secretary of natural resources and the secretary of administration, is authorized to accept federal grants available under the federal Clean Water Act and the federal Drinking Water Act in accordance with chapter 120 of Title 24, provided all notifications are made as required by section 4760(a) of Title 24.

(4) The commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to accept:

(A) Federal Emergency Management Association (FEMA) hazard mitigation grants on an as-needed basis for use with projects approved by FEMA and by the state hazard mitigation grants review committee. These funds may be received directly from FEMA or from towns receiving grants from FEMA. This authorization is intended to permit the state to assist towns by taking advantage of federal funds in order to avoid depletion of state resources.

(B) Federal funds to substitute for part or all of the appropriation authorized by Sec. 4(c) of this act for the restoration of Civil War public records. Any part of such remaining unspent funds shall be reallocated by the general assembly in a future capital construction act.

(b) Each receipt of a grant or gift as authorized by this section shall be reported to the chairs of the house and senate committees on institutions, and to members of the joint fiscal committee.

Sec. 27. EXEMPTION FROM FEES

Notwithstanding any other provision of law:

(1) The department of buildings and general services, municipality of Springfield, and their contractors or agents shall be exempt from the payment of fees charged for reviews, inspections or nonoperating permits issued by the department of labor and industry, the environmental board and the agency of natural resources for the Springfield Vocational Technical Center project for which funds are appropriated by the omnibus appropriations act for fiscal year 2000.

(2) All state and municipal agencies and their contractors or agents participating in the Swett-Comings Company building demolition in Richford authorized by Sec. 4(g) of this act shall be exempt from the payment of state tipping or other state fee or charge for solid waste landfill usage.

PART FIVE

OTHER STATUTORY ADDITIONS AND AMENDMENTS

* * * Real Property and Other Financial Transactions * * *

Sec. 28. PURCHASE PROPERTY; BARRETT BUILDING; MONTPELIER

The commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to purchase the building and site located at 144 State Street in Montpelier, using funds authorized by Sec. 4(a)(2) of this act.

Sec. 29. SALE OF PROPERTY; REGIONAL LIBRARY; RUTLAND

Notwithstanding section 104 of Title 29, the commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to sell for $1.00 the Southwest Regional Library on Pierpoint Avenue in Rutland to the Rutland City public school system.

Sec. 30. SALE OF PROPERTY; RAILROAD PROPERTY; SWANTON

Notwithstanding section 104 of Title 29, the commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to sell for $1.00 two parcels of land totaling approximately 3.62 acres of state-owned property known as the site of the Swanton Covered Railroad Bridge and rail complex off South Street (Town Highway #7) in Swanton to the Town of Swanton, for the sole purpose of preserving it as an historic and archaeological site for public enjoyment and historic commemoration. No archaeological features shall be disturbed. The parcel is further described in the Swanton Town Land Records in Book 91, pages 45-46 deeded by Executive Order #13 from the Vermont public service board to the Vermont agency of development and community affairs, historic site division, on November 26, 1975, and in a survey drawn by Buck & Pierce of St. Albans, dated July 26, 1983.

* * * Capital Construction Act Amendments * * *

Sec. 31. Sec. 19(d) of Act No. 148 of the Acts of 1997 (Adjourned Session) is amended to read:

(d) Each sum appropriated by this subsection shall be made available when evidence is presented to the commissioner that two dollars have been raised from nonstate sources for each dollar appropriated, except that no such nonstate financial match shall be required for the appropriation of subdivision (4) of this subsection for a feasibility study in Bethel, or for the appropriation of subdivision (10) of this subsection for stabilization of and improvements to the Swett-Comings Company buildings in Richford:

* * *

Sec. 32. Sec. 8(a)(2) of Act No. 52 of the Acts of 1989, as amended by Sec. 18 of Act No. 276 of the Acts of 1989 (Adjourned Session), is amended to read:

(2) That this conveyance shall be completed within *[ten]* 20 years of the effective date of this act.

Sec. 33. Sec. 7(a)(3) of Act No. 233 of the Acts of 1993 Adjourned Session is amended to read:

(3) University of Vermont; Centennial Field baseball facility. Of the total sum appropriated by this subsection for use by the University of Vermont, up to $800,000 shall be used for improvements to Centennial Field so it will meet specifications for single A professional baseball for use by the Vermont Expos or other professional baseball teams. The single A professional baseball team which initially uses this facility shall be responsible for the payment for ten years of annual rent, whether or not the team uses the facility the entire ten-year period, made to the University of Vermont in the amount of $30,000 per year, adjusted annually by the Consumer Price Index. This rent obligation shall not prevent the university from entering into a contract or contracts with another or other baseball teams for use of the facility. Before funds from this appropriation are disbursed, an agreement shall be executed between the professional baseball team initially using the facility and the university which includes the provisions required herein above. The university shall retain income received from any lease of this field, *[and annually shall submit a proposal for spending such income on]* which shall be expended only for *[university capital]* improvements to the *[House and Senate institutions committees for their approval]* field, unless otherwise approved by the general assembly.

Sec. 34. Sec. 1(a)(5)(F)(ii) of Act No. 59 of the Acts of 1993 is amended to read:

*[(ii) beginning with the 1994 legislative session and each session thereafter, the commissioner of state buildings shall report to the house and senate institutions committees on expenditures and remaining balances of previous contingency fund appropriations;]*

Sec. 35. Sec. 1(d)(4) of Act No. 148 of the Acts of 1997 Adjourned Session is amended to read:

(4) Major maintenance. Of the total appropriation, $100,000

shall be reserved for use by the Town of Brandon to extend town

infrastructure from the Brandon Industrial Park to the adjacent industrial

site to accommodate industrial plant expansion on that site. Should

this infrastructure expansion not be needed, the $100,000 reserved is

authorized for use for major maintenance of state buildings and

facilities*[. The commissioner of buildings and general services shall]*

*[report which use is made of such $100,000 to the house and senate]* *[committees on institutions]*: $2,170,000.

Sec. 36. Sec. 45 of Act No. 148 of the Acts of 1997 Adjourned Session is amended to read:

Sec. 45. Sec. 37 of Act No. 62 of the Acts of 1997 is amended to read:

Sec. 37. CONDOMINIUM AND LEASE-PURCHASE AGREEMENTS

(a) Newport. Notwithstanding the provisions of section 104 of Title 29, the commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to enter into condominium agreements for the sale or lease of space in the Emory A. Hebard State Office Building, for the purpose of offsetting the loss of property tax base available to the City of Newport due to state acquisition of property for the office building site. The commissioner may transfer title by warranty deed to any condominium unit which is sold. Any proceeds from the sale of such space prior to February 25, 1998 shall be used to fund the construction of the condominium space. On or after this date, such proceeds up to the amount of $500,000 shall be used to defray expenditures as authorized by Sec. 22 of this capital construction act of 1997 (Adjourned Session). *[The commissioner of buildings and general services shall upon the completion of the state office building project report to the house and senate committees on institutions on all proceeds from the sale of such condominium space both prior to and on or after February 25, 1998, and the purposes for which such proceeds have been allocated or held in reserve.]* Upon the completion of the state office building project any uncommitted proceeds shall be used to fund appropriations of a future capital construction act. Any proceeds from the lease of such space shall be deposited in the property management fund of the department of buildings and general services.

* * *

Sec. 37. Sec. 25(c)(3) of Act No. 148 of the Acts of 1997 Adjourned Session is amended to read:

(3) The commissioner of buildings and general services with the approval of the secretary of administration is authorized to transfer during any fiscal year to the department of buildings and general services for use only for major maintenance within the Capitol Complex in Montpelier, excluding the State House, any unexpended balances of funds appropriated in this or any previous capital construction act for any executive or judicial branch project, excluding any appropriations for state grant-in-aid programs, which is completed or substantially completed as determined by the commissioner. *[The commissioner shall annually on or before January 15 report to the house and senate committees on institutions:]*

*[(A) all transfers and expenditures made pursuant to this subdivision; and]* *[(B) the unexpended balance of projects completed for two years or more.]*

Sec. 38. Sec. 40 of Act No. 148 of the Acts of 1997 Adjourned Session is amended to read:

Sec. 40. STATE PROPERTY; WINDSOR; STUDY

The commissioners of buildings and general services, corrections, fish and wildlife, and forests, parks and recreation shall jointly study future state uses, and explore possible alternate private or public uses, of the state-owned land adjacent to the Southeast State Correctional Facility in Windsor. Officials of the Town of Windsor shall be consulted during the study. The director of the division of property valuation and review shall provide an appraisal of the fair market value of the property under consideration. Any possible future subdivision of the property shall require a new fair market value appraisal. *[By January 15, 1999, the commissioner of buildings and general services shall report the study conclusions to the house and senate committees on institutions.]*

* * * Administration of State Buildings; Amendments * * *

Sec. 39. 29 V.S.A. § 152 is amended to read:

§ 152. DUTIES OF COMMISSIONER

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 shall forward copies of the plans and specifications to the secretary of administration and the department or agency concerned. Individual projects in which the estimated cost of the completed project (including materials made or purchased by the state, transportation, tools, equipment and all labor and site supervisions, including all labor on state payrolls) which exceed $1,000.00 shall be approved before construction is undertaken by the secretary of administration and the department or agency concerned. Upon approval, the commissioner shall promptly forward all written requests for projects estimated to cost in excess of $1,000.00 to the emergency board for necessary action.]* The commissioner may, with the approval of the secretary of administration *[and of the emergency board,]* acquire an option, for a price not to exceed $10,000.00, on an individual property without prior legislative approval, provided that the option contain 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 upon warrants drawn by the commissioner of finance and management for the purpose of purchasing an option on a property pursuant to this subdivision.

* * *

(16) The commissioner of buildings and general services is authorized to allocate, at the commissioner's discretion, funds from projects appropriated to the department of buildings and general services by any capital construction act adopted pursuant to section 701a of Title 32, to contract for the services of engineers, architects and other consultants required to complete projects authorized in such a capital construction act and under the jurisdiction of the commissioner. The authorization of this subdivision shall not abrogate the authority of the commissioner to postpone projects authorized by such a capital construction act if the best interest of the state would be served thereby.

Sec. 40. 29 V.S.A. § 165 is amended to read:

§ 165. SPACE ALLOCATION, INVENTORY, AND USE; LEASING

PROPERTY; COMMISSIONER'S PREAPPROVAL REQUIRED

* * *

(h) No state-owned space in any state-owned building, structure or other real property under the jurisdiction of the commissioner of buildings and general services may be leased, occupied or licensed for any purpose for less than its fair market value as determined by the prevailing area market prices for comparable space or property, except as follows:

(1) The commissioner of buildings and general services may lease or license state-owned property under his or her jurisdiction for less than prevailing area market prices to municipalities, nonprofit organizations, school districts or to persons whose proposed activities are determined by the commissioner to serve a public purpose and when the term of the lease or license is less than three years.

* * *

Sec. 41. 29 V.S.A. § 170 is amended to read:

§ 170. PARKING IN STATE PARKING LOTS

* * *

(d) In or upon land or structures owned or leased by the state under the jurisdiction of the commissioner, the commissioner or a designee is authorized to move, remove or immobilize, or cause to be moved, removed or immobilized, any motor vehicle which is stopped, parked, standing or being operated contrary to applicable posted signs and markings or in the event of an emergency.

Sec. 42. 32 V.S.A. § 309(d) is added to read:

(d) Emergency operation centers or shelters. The annual capital budget request shall include for any proposal to construct, reconstruct, expand or undertake major maintenance of a state-owned facility used by a state agency, a state-owned national guard armory or a state-owned educational technical center, an assessment as to whether the facility is or may be designated as an emergency operations center or shelter. If so designated or likely to be designated, the project shall include the installation of wiring capable of being connected to emergency electric power generation to provide for emergency heating, lighting and communications.

Sec. 43. 16 V.S.A. § 3453a is added to read:

§ 3453a. EMERGENCY OPERATION CENTERS AND SHELTERS

Any school building for which state construction aid is provided under this chapter for the purpose of its construction, reconstruction or expansion, and which is or may be designated as a local, regional or state emergency operation center or shelter, shall be designed for use as an emergency operations center or shelter. For this purpose, the proposed project shall include the installation of a wiring harness capable of being connected to emergency electric power generation to provide for emergency heating, lighting and communications. The wiring installation cost to upgrade emergency facilities shall be included in the budgets submitted to the legislature for capital funding pursuant to section 309 of Title 32. The state shall pay 100 percent of such costs, which shall at the department level be itemized and accounted for separately from those costs in which the state only shares in the project cost.

Sec. 44. 29 V.S.A. chapter 5A is added to read:

CHAPTER 5A. STATE FACILITIES SECURITY

§ 171. RESPONSIBILITY FOR SECURITY

(a) The commissioner of buildings and general services shall be responsible for ensuring the security of all state facilities, regardless of funding source for construction or renovation, the lands upon which those facilities are located and the occupants of those facilities and places, except that:

(1) in those state-owned or state-leased buildings which house a court plus one or more other functions, security for the space occupied by the court shall be under the jurisdiction of the supreme court and security elsewhere shall be under the jurisdiction of the commissioner of buildings and general services;

(2) in those buildings which function exclusively as courthouses, security shall be under the jurisdiction of the supreme court;

(3) the space occupied by the supreme court shall be under the jurisdiction of the supreme court; and

(4) in the state house, security shall be under the jurisdiction of the sergeant at arms.

(b) The commissioner of buildings and general services shall develop a security plan for each facility, except for those under the jurisdiction of the supreme court and of the sergeant at arms, and shall regularly update these plans as necessary and be responsible for coordinating responses to all security needs. The supreme court and the sergeant at arms shall, in cooperation with the commissioner of buildings and general services, prepare and update such plans for the facilities under their respective jurisdictions.

(c) The commissioner of buildings and general services may delegate the responsibility for security at specified facilities.

§ 172. CAPITOL COMPLEX SECURITY

The commissioner of buildings and general services shall be responsible for all security operations pertaining to the lands and structures within the capitol complex, except the interior of the state house and the space occupied by the supreme court, which is provided for in section 171 of this title. Biennially, the commissioner shall, in cooperation with the sergeant at arms and the supreme court, develop and present a capitol complex security budget recommendation to the house and senate committees on appropriations and on institutions.

Sec. 45. STATE FACILITIES SECURITY PLAN

The commissioner of buildings and general services shall develop a security plan for state facilities and lands and propose a budget for its implementation by January 1, 2001. The commissioner shall develop and present an interim report by January 15, 2000 to the house and senate committees on institutions. The commissioner is authorized to hire temporary or contract staff to assist in developing the plan, which may be funded from any appropriations to the department of buildings and general services.

Sec. 46. 2 V.S.A. § 70 is added to read:

§ 70. CAPITOL POLICE DEPARTMENT

(a) Creation. A capitol police department is created within the office of the sergeant at arms. The sergeant at arms shall appoint and may remove, at his or her pleasure, individuals as capitol police officers, one of whom shall be appointed to serve as chief. All such positions shall be exempt state employees. The traffic control officer and any other employee of the sergeant at arms may, in addition to other positions and duties, be appointed as a capitol police officer. The chief shall supervise the officer force under the direction of the sergeant at arms. Such appointments and all oaths or affirmations shall be in writing and filed with the sergeant at arms. An officer shall also serve as a deputy sergeant at arms and as a notary public pursuant to section 442 of Title 24.

(b) Powers; training.

(1) Capitol police officers shall have all the same powers and authority as sheriffs and other law enforcement officers anywhere in the state, which shall include the authority to arrest persons and enforce the civil and criminal laws, keep the peace, provide security, and to serve civil and criminal process. For this purpose, capitol police officers shall subscribe to the same oaths required for sheriffs.

(2) Capitol police officers who are not certified in either the full-time or part-time certification program of the Vermont criminal justice training council (VCJTC) shall meet qualification and certification standards prescribed by the sergeant at arms in consultation with the executive director of the VCJTC. In setting the standards, the sergeant at arms shall consider the part-time certification program provided to other law enforcement officers by the VCJTC.

(3) As an alternative, in the sole discretion of the sergeant at arms, capitol police officers shall be certified pursuant to the part-time certification program of the VCJTC.

(4) The VCJTC shall make training available to capitol police officers at no expense to the sergeant at arms, and the VCJTC shall certify those officers as capitol police officers if they meet the certification standards set by the sergeant at arms, or as a regular law enforcement officer if the requirements of the part-time certification program are met, regardless of the number of hours or weeks worked by the capitol police officer.

(c) Coordination of capitol complex security:

(1) The capitol police department shall coordinate security within the state house and assist the commissioner of buildings and general services in providing security and law enforcement services within the capitol complex at the discretion of the commissioner.

(2) In all other areas of the capitol complex, except the space occupied by the supreme court, the security and control of traffic and coordination of law enforcement activity shall be directed by the commissioner of buildings and general services.

Sec. 47. 2 V.S.A. § 64 is amended to read:

§ 64. EMPLOYMENT OF ASSISTANTS; TRAFFIC CONTROL; CAPITOL

POLICE; TRAINING; UNIFORMS AND EQUIPMENT

* * *

(c) The sergeant at arms may employ a traffic control officer whose duties shall include, but not be limited to, overseeing necessary security measures and the control of traffic about the capitol building. The traffic control officer shall be an exempt state employee. The sergeant at arms with the approval of the joint rules committee shall fix the terms and compensation of the traffic control officer, who shall be entitled to receive the same annual salary adjustments available to classified employees in comparable salary ranges. At state expense and with the approval of the sergeant at arms, the traffic control officer and capitol police officers shall be provided with training, and furnished uniforms and equipment necessary in the performance of *[his]* their duties, and such items shall remain the property of the state.

Sec. 48. 29 V.S.A. § 211 is amended to read:

§ 211. CITY-STATE COMMISSION

* * *

(c) Commission composition. The commission shall consist of eight members: The Vermont commissioner of buildings and general services; the chair of the senate institutions committee; the chair of the house institutions committee or his designee; the mayor of Montpelier; *[J. Paul Giuliani, a Montpelier resident; the chair of the Montpelier Conservation Commission, an entity which has been created by the Montpelier city council;]* the senior senator from Washington county; two individuals appointed by the Montpelier city council; and a person appointed by the chair of the senate institutions committee. The chair of the commission shall be the chair of the senate institutions committee. Legislative members of the commission shall be entitled to compensation and reimbursement pursuant to section 406 of Title 2.

* * * Education; Amendments * * *

Sec. 49. 16 V.S.A. § 1531(c) is added 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.

Sec. 50. TECHNICAL EDUCATION; OVERHEAD COSTS

In fiscal year 2000, overhead grants to technical centers paid under section 1567 of Title 16 shall be 20 percent of direct costs or such percentage as the fiscal year 2000 appropriations for overhead grants allows.

Sec. 51. 16 V.S.A. § 3448 is amended to read:

§ 3448. APPROVAL AND FUNDING OF SCHOOL CONSTRUCTION

PROJECTS

(a) Construction aid.

* * *

(3) Priorities. Following approval of a preliminary application and provided that the district has voted funds or authorized a bond for the total estimated cost of a project, the state board shall *[place a project on a list of all projects after assigning the project a priority as follows]* assign points to the project so that the project can be placed on a priority list based on the number of points received. Once a project receives points, if it does not receive funding in a given year, it shall not lose points in subsequent years and, pursuant to rule of the board and provided the scope of the project remains the same, it shall gain points due to length of time on the list and may gain points for any other reason. The points shall be assigned so that:

(A) *[The board shall assign first priority]* First priority is given to emergency projects in excess of $50,000.00 which address threats to the safety and health of students or employees created by unanticipated circumstances or events.

(B) Second priority is given to construction projects in excess of $10,000.00 which address a need occasioned by deterioration of an existing building or equipment pursuant to subdivision (2)(A) of this subsection, and which extend the useful life of the building but which do not make extensive additions or alterations to existing school facilities in which students are provided services. Examples of projects given priority under this subdivision are replacement, addition or repair to utilities, projects which address environmental quality issues, repair of a roof, or replacement or upgrading of mechanical equipment.

(C) *[The board shall assign all other projects a]* Remaining projects are given priority based on consideration of the relative degree of need pursuant to subdivision (2)(A) of this section.

(4) Request for legislative appropriation. By January 15 of each year, the state board shall present the house and senate institutions committees with *[a current]* its annual capital construction funding request. Following receipt of the request, the committee on institutions shall recommend a total school construction appropriation for the next fiscal year to the general assembly. The general assembly shall not revise the order of the project priorities presented by the state board. The funding request to the committee on institutions shall be in the form of separate line items as follows:

(A) a list of projects *[for which a preliminary application has been approved, ranked by priority]* which have been assigned points in their order of priority, including the *[estimated cost of]* voted funds or authorized bond amount for each project, *[plus]*

(B) the *[estimated]* cost of emergency projects which the state board has approved but not yet reimbursed due to insufficient funds, as well as the estimated cost of those which might be approved *[pursuant to subdivision (3)(A) of this subsection and]* in the coming year under subsection (d) of this section, *[for which previous legislative appropriations of state aid are insufficient to fund. The institutions committees shall recommend a total school construction appropriation for the next fiscal year to the general assembly. The general assembly shall not revise the project priorities presented by the state board.]*

(C) the cost of projects to extend the life of a building which the board has approved but not yet reimbursed due to insufficient funds, as well as the estimated cost of those which might be approved by the state board in the coming fiscal year under subdivision (3)(B) of this subsection. The legislature shall not approve an amount for this line item which exceeds more than five percent of the annual capital budget approved under subdivisions (A) and (B) of this subdivision, and

(D) the cost of construction or purchase of proposed new technical center buildings, or extensive additions or alterations to existing technical center buildings. However, unless otherwise determined by the general assembly, the state board may approve no more than one significant proposal for aid under this subdivision every three years. Requests for state assistance for minor additions or alterations to a technical center building shall be made under subdivisions (A), (B) or (C) of this subdivision.

(5) Final *[application]* approval for construction aid.

(A) Unless approved by the commissioner for good cause in advance of commencement of construction, a school district shall not begin construction before the state board of education approves a final application. A school district may submit a written final application to the state board *[for a project for which]* at any time following approval of a preliminary application *[has been approved by the commissioner, no earlier than one year after the commissioner's approval, provided that the district has voted funds or authorized a bond for the local share of a project in an amount determined by the commissioner]*.

(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.

*[(B)]*(C) The board of trustees of an independent school may submit a written final application to the state board for a project for which a preliminary application has been approved by the commissioner, *[no earlier than one year after the commissioner's approval,]* provided that each municipality represented on the board has voted funds or authorized a bond issue for 100 percent of the municipality's *[portion of the total local]* estimated share of the project in an amount determined by the commissioner under this section. *[(C) The commissioner may waive the one-year waiting period required by this subdivision hereinabove for projects which the state board has assigned a first priority pursuant to subdivision (3)(A) of this subsection.]* *[(6) Approval of final application.]* *[(A) Subject to sufficient school construction funds having been appropriated by the general assembly, and subject to the district having met the requirements of subdivision (5) of this subsection, the state board may approve the final application for a project which has:]* *[(i) a sufficiently high priority to receive funding;]* *[(ii) made arrangements for project construction supervision by persons competent in the building trades;]* *[(iii) provided for construction financing of the project during a period prescribed by the state board; and]* *[(iv) otherwise met the requirements of sections 3447-3456 of this title.]* *[(B)]*(D) The state board may provide that a grant for a high school project is conditioned upon the agreement of the recipient to provide high school instruction for any high school pupil living in an area prescribed by the board who may elect to attend the school. *[(C) A school district shall not begin construction before the state board of education approves the final application.]*

(E) A district may begin construction upon receipt of final approval. However, the project shall remain eligible for capital construction aid, provided the project otherwise meets the requirements of this section. However, a district shall not be reimbursed for debt incurred due to borrowing of funds in anticipation of aid under this section.

* * *

(7) Award of construction aid. The amount of an award shall be 30 percent of the approved cost of the project, except that the award for construction or purchase of a new technical center building or extensive additions or alterations to an existing technical center building shall be 100 percent of the approved cost of the project.

* * *

(9) Payment. Upon satisfactory evidence that a project approved under subdivision *[(6)]*(5) of this subsection is under construction or has been constructed, and upon appropriation of funds sufficient to fund the state aid due under this section, the state board shall certify an award for the project to the commissioner of finance and management who shall issue a warrant for the payment of one-half of the award, or the entire award if the project is complete. After a project has been completed according to approved plans and specifications and the cost thereof has been audited by the department, the commissioner shall certify the remainder of the award due for the project to the commissioner of finance and management who shall issue a warrant for the payment.

* * *

*[(f) The state board shall include in its annual capital construction funding request a separate line item for any amount requested to assist with the construction or purchase of new technical center buildings, or with extensive additions or alterations to existing technical center buildings.]*

Sec. 52. REPEAL

(a) 16 V.S.A. § 3444a, relating to activities to be accomplished during 1997, is repealed.

(b) 16 V.S.A. § 3453, relating to a memorandum of understanding between the commissioners of education and state buildings adopted in 1996 and annual reports, is repealed.

(c) 16 V.S.A. § 3455, relating to a policy on historic school buildings to be developed in 1997, is repealed.

Sec. 53. RELATION OF SCHOOL CONSTRUCTION LAW

AMENDMENTS TO CERTAIN PROJECTS; EFFECTIVE DATE

Secs. 51 and 52 of this act shall take effect on July 1, 1999. However, notwithstanding the provisions of:

(1) Sec. 51 of this act, which require a school district to vote funds or authorize a bond for the total estimated cost of the project before final approval, a school district which voted funds or authorized a bond for at least 70 percent of a project prior to July 1, 1999 and otherwise meets the requirements of section 3448 of Title 16, shall be eligible for capital construction aid,

(2) subdivision 3448(a)(6) of Title 16 prior to its being stricken by Sec. 51 of this act, which requires appropriation of sufficient school construction funds before the state board of education may grant approval of a project for capital construction aid, the Barnet school district shall be eligible for capital construction aid for its project to enable re-occupancy of its school building by September 1999, provided it otherwise meets the requirements of section 3448 of Title 16, and

(3) subsection 3448(a) of Title 16, prior to its amendment by Sec. 51 of this act, which requires a one-year delay between receipt of preliminary approval and submission of a final application, and appropriation of sufficient school construction funds before the state board of education may grant approval of a project, a school district which voted funds or authorized a bond for the total estimated costs of a capital construction project prior to July 1, 1999 may be eligible for capital construction aid if it commences construction prior to that date and provided the project otherwise meets the requirements of section 3448 of Title 16.

Sec. 54. 24 V.S.A. § 1758(b) is amended to read:

(b) If a school board submits to its voters the proposition of incurring a bonded debt to pay for an improvement, the form of the ballot shall be as set forth in subsection (a) of this section *[but, if]* , however:

(1) If the entire costs of the improvement are not eligible for state construction aid pursuant to chapter 123 of Title 16 because the costs exceed the maximum allowed by formula established by the state board of education, the above-referenced ballot text shall be preceded by the following introductory sentences:

The . . . . . . . . . . school board proposes to incur bonded indebtedness for the purpose of . . . . . . . . . . at the estimated total project cost of $ . . . . . . . . . . . It is estimated that . . . . . . . . . . percent of the project will not be eligible for state school construction aid because its (unit costs and/or allowable space) cause it to exceed the maximum cost for state participation under the state board of education's formula for school construction. Therefore, the . . . . . . . . . . percent of the project that is estimated to be ineligible under the formula shall be built at 100 percent school district cost without state participation. The cost of the portion of construction which is ineligible under the formula is

$ . . . . . . . . . . .

(2) The ballot may contain language conditioning commencement of the improvement by the school board on receipt of final approval by the state board of education for state construction aid under section 3448(a)(5) of Title 16.

* * * Corrections; Amendments * * *

Sec. 55. 28 V.S.A. § 808 is amended to read:

§ 808. FURLOUGHS GRANTED TO OFFENDERS AND INMATES;

MEDICAL FURLOUGH

* * *

(d) *[[Repealed.]]* When a correctional officer responsible for supervising an offender believes the offender is in violation of any verbal or written condition of the furlough, the officer may immediately lodge the offender at a correctional facility or orally or in writing deputize any law enforcement officer or agency to arrest and lodge the offender at such a facility. The correctional officer shall subsequently document the reason for taking such action.

* * *

Sec. 56. 28 V.S.A. § 104 is added to read:

§ 104. NOTIFICATION OF COMMUNITY PLACEMENTS

(a) The department shall provide notice when appropriate and at the department's sole discretion to affected state, county and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever an offender is released under furlough after serving a sentence of incarceration in a correctional facility. The notice may include the offender's name and any aliases, a recent photograph and physical description, community placement address, criminal history, current offense or offenses, and home address, plus a description and license number of any motor vehicle used by the offender, and the name, address and telephone number of the correctional entity supervising the offender.

(b) The department shall provide notice to affected state, county and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community, at the point at which the department has made arrangements to house in any apartment, duplex or other kind of housing three or more offenders. If the housing concerned was not previously used to house offenders, such notice shall be given at least 15 days prior to placing any offender in such housing. If the housing concerned had previously housed one or two offenders only, such notice shall be given at least 15 days prior to placing a third offender in such housing.

(c) The commissioner shall not implement this section until rules for doing so have been adopted. Such rules shall be adopted no later than September 1, 1999 through use of emergency rule-making procedures, if necessary.

(d) Subsection (a) of this section shall expire July 1, 2000.

Sec. 57. 28 V.S.A. § 751 is amended to read:

§ 751. GENERAL PROVISIONS GOVERNING OFFENDER WORK

* * *

(h) The department of corrections, with the prior approval of the offender work programs board, is authorized to participate in the federally-authorized Prison Industries Enhancement Program on terms and conditions set by the offender work programs board for each proposal.

Sec. 58. BID DOCUMENTS PROTOCOL

The department of corrections shall develop a standard protocol to respond to bid documents and inquiries.

Sec. 59. RENAME MAIL CENTER

The department of corrections shall, by July 1, 1999, choose a new name for the existing Vermont Corrections Industries Mail Center which shall not contain the words "mail center".

* * * Other Statutory Amendments and Additions * * *

Sec. 60. 3 V.S.A. § 2222 is amended to read:

§ 2222. POWERS AND DUTIES; BUDGET AND REPORT

(a) In addition to the duties expressly set forth elsewhere by law the secretary shall:

* * *

(9) Submit to the general assembly concurrent with the governor's annual budget request required under 32 V.S.A. § 306, a strategic plan for information technology which outlines the significant deviations from the previous year's information technology plan, and which details the plans for information technology activities of state government for the following fiscal year as well as the administration's financing recommendations for these activities. All such plans shall be reviewed and approved by the chief information officer prior to being included in the governor's annual budget request. The plan shall identify the proposed sources of funds for each project identified. The plan shall include, for any proposed new computer system or system upgrade with a cost in excess of $150,000.00:

* * *

Sec. 61. COMMEMORATIVE PLAQUE; WILLIAM KEEFE; MAHADY

COURTHOUSE; MIDDLEBURY

The commissioner of buildings and general services is authorized to erect a plaque in memory of William Keefe at the Mahady Courthouse in Middlebury, in a location and with wording to be determined jointly by the commissioner, Probate Judge Chester S. Ketcham, and the Addison County Assistant Judges.

Sec. 62. DEDICATION; WOODSIDE JUVENILE DETENTION FACILITY

GYMNASIUM; ESSEX

The commissioner of buildings and general services is authorized to erect a plaque in memory of "Father Al", the Reverend Alexander J. Smith, in a location to be determined jointly by the commissioner and the director of the Woodside Juvenile Detention Facility in Essex, with wording to read: "The Father Al Gymnasium. July 1, 1999. In grateful recognition for the support, encouragement and gentle guidance given to Woodside's young people and staff by the Reverend Alexander J. Smith."

Sec. 63. DIRECTIONAL SIGNS TO JUSTIN MORRILL HISTORIC SITE

Notwithstanding any other provision of law to the contrary, the division for historic preservation and the agency of transportation shall jointly, no later than September 1, 1999, install at no charge six Official Business Directional Signs with white letters on a brown background for the state-owned Justin Morrill Homestead, two on Vermont Route 110 at the intersection of the Tunbridge-Strafford Road, TH #1 in the town of Tunbridge, two on Vermont Route 14 at the intersection with Vermont Route 132 in the town of Sharon, and two on Vermont Route 132 at the intersection with the Justin Morrill Highway, TH #2 in the town of Strafford.

Sec. 64. 29 V.S.A. § 1160 is amended to read:

§ 1160. JOURNALS AND CALENDARS OF THE SENATE AND HOUSE

OF REPRESENTATIVES

(a) *[One copy]* Copies of the bound journal of the senate and of the bound journal of the house of representatives shall be *[distributed to each current member of the senate requesting the journal in writing by July 1 of each year, and one copy of the journal of the house of representatives shall be distributed to each current member of the house of representatives requesting the journal in writing by July 1 of each year. An additional 10 copies of the journal of the senate and 20 copies of the journal of the house of representatives shall be distributed to the sergeant at arms who shall make the copies available to all members of the general assembly in a common area of the state house]* available for inspection and use at the offices of the legislative council, the secretary of the senate and the clerk of the house.

* * *

Sec. 65. 2 V.S.A. § 13 is amended to read:

§ 13. DAILY JOURNALS

*[(a)]* At the close of each legislative day, the secretary of the senate and clerk of the house of representatives shall prepare a daily copy of the journal of their respective bodies for such day. *[(b) At the start of each biennial session, the senate and house committees on rules shall determine which members of each body respectively wish to receive the journal throughout the session, and the secretary and clerk shall determine which heads of state departments wish to receive the journal throughout the session. Each journal shall be printed in a quantity sufficient to meet these wishes. The secretary and clerk shall place one copy of each journal on the desk of each member of their respective bodies who has requested the journal before the opening of the morning session of the following legislative day and, at the same time, send one of each to each department head who has requested the journal. Any remaining copies shall be distributed under the direction of such secretary and clerk.]* *[(c)]* Such journals shall contain all motions, votes, orders and proceedings, but shall not contain any remark of a member or words spoken for or against a pending question.

Sec. 66. 2 V.S.A. § 16 is amended to read:

§ 16. PRINTING, DISTRIBUTION AND SALE OF DAILY CALENDAR,

JOURNAL*[, CALENDAR]* AND BILLS

Copies of such daily calendar and journal *[and calendar]* shall be immediately furnished to the printer designated by the commissioner of buildings and general services. The printing of such calendar and journal *[and calendar]* shall be under the supervision of such secretary and clerk, and the required number of printed copies of same shall be delivered to *[them]* the offices of the legislative council before the opening of the morning session of the following legislative day. A sufficient number of copies of all the bills*[, journals and calendars]* shall also be delivered to the offices of the legislative council. Staff of the legislative council shall distribute the daily calendar and journal and the bills as follows:

(1) One copy of the daily House calendar shall be placed on the desk of each member of the House, and one copy of the daily Senate calendar shall be placed on the desk of each member of the Senate. An additional number of copies of both the daily House and Senate calendars shall be made available to both House and Senate members in their respective chambers, and to the public in the legislative council offices. The number of such copies required shall be determined by staff of the legislative council based on their demand.

(2) Copies of both the daily House and Senate journals, and of the bills, shall be made available to both House and Senate members in their respective chambers, and to the public in the legislative council offices. The number of such copies required shall be determined by staff of the legislative council based on their demand.

(3) Copies of the daily House and Senate calendars, the daily House and Senate journals, and of the bills, shall be made available to department heads of state government at no cost, upon request to the legislative council offices. Additional copies of such daily calendars, journals and bills shall be made available for sale to the public at the legislative council offices and from the state librarian *[who may sell the same]*, at a price to be fixed by the *[governor]* legislative council. The number of such copies required shall be determined by staff of the legislative council based on their demand.

Sec. 67. VERMONT VETERANS' HOME; MOUNT ANTHONY UNION

SCHOOL; ATHLETIC FIELD

The Vermont Veterans' Home (VVH) shall make available to Mount Anthony Union School District No. 14 (MAUSD) certain land owned by VVH for use by MAUSD as an athletic practice field for three hours per day during the 1999 fall athletic season. Such land is as defined by the lease agreement between VVH and MAUSD for use of the land dated March 16, 1995. VVH and MAUSD shall jointly develop by January 15, 2000 an agreement providing for long-term use by MAUSD of the land as an athletic practice field, and VVH shall report such agreement by that date to the senate and house committees on institutions.

* * * Effective Dates; Applicability * * *

Sec. 68. EFFECTIVE DATES; APPLICABILITY

(a) This act shall take effect on passage except Secs. 51 and 52 which shall take effect as provided by Sec. 53 of this act.

(b) All spending authorizations of this act shall take effect on passage and shall carry forward beyond the current or any future fiscal year.

Approved: May 19, 1999